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HomeMy WebLinkAbout2007-08-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 9, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:00 p.m. 1I. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilmember Cindy Finerty Councilman Robert A. Spiegel Mayor Richard S. Kelly Excused Absence: Councilman Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Steve Deitsch, Assistant 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 Bo Chen, City Engineer Dan Kaiser, Acting Director of Building & Safety Lauri Aylaian, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Doug Van Gelder, Director of Information Systems Mark Greenwood, Director of Public Works John Rios, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 Mr. Ortega stated that two items had presented themselves to the City following posting of the Agenda for this City Council Meeting; one was a property transaction, the other was a release of a bond that was no longer necessary. Since the City Council won't meet again until September 13, he asked for its consideration of adding both these items to the agenda in the appropriate sections, respectively, by a four -fifths vote. Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, the aforementioned items were added to the Agenda as Closed Session Property Negotiation Item No. 3 and Section XIV - New Business, Item 0, respectively. IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Portola Community Center - 45480 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Mountains Conservancy, Desert Cancer Foundation, Palm Desert Sister Cities Foundation Under Negotiation: x Price x Terms of Payment 2) Property: 72375 Upper Way West, Palm Desert (APN 628-130-014) Negotiating Parties: Agency: Carlos L. Ortega/Lauri Aylaian/City of Palm Desert Property Owner: Janice C. Wood Living Trust, Dated 10-31-96 Under Negotiation: x Price x Terms of Payment NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY 4-0 VOTE: 3) Property: SWC Gerald Ford Drive/Portola Avenue Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: RJT Homes/Catavina, LLC/Chad Meyers Under Negotiation: x Price x Terms of Payment 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 On a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Kelly adjourned the meeting to Closed Session at 3:05 p.m. He reconvened the meeting at 4:02 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Mayor Richard S. Kelly VII1. ORAL COMMUNICATIONS - B CAPTAIN SAUL DORIA and MR. LOTHAR VASHOLZ addressed the City Council on behalf of the Salvation Army in Cathedral City. Capt. Doria said the Corps in Cathedral City served the entire Coachella Valley; they had been working from their new location for the past two years, with added and improved programs to those which the Salvation Army provides generally. Those included an After School Program, food and shelter for the homeless, and agreements in place for providing services with other organizations. Over the past year, he said they'd noticed more people from the Palm Desert area traveling to their office for assistance. Therefore, they were looking to expand and provide satellite offices on the eastern side of the Coachella Valley. Mr. Vasholz stated he was a Palm Desert resident and that he and his wife served as Chairs of the Advisory Board, which worked closely with Capt. Doria. He referenced information contained in an informational brochure that was provided to each of the City Councilmembers, calling attention to their major Red Kettle Campaign at Christmas, which was kicked off last year and plans are to do so again at The Gardens on El Paseo. He also noted their disaster relief services, one of the few Corps in the country with its own disaster relief vehicle; it is available to all communities in the Coachella Valley, and they were working with many 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 organizations, including the Coachella Valley Association of Governments, to make this possible. He said they have participated in other cities' programs on disaster preparedness, and they would be happy to do so in Palm Desert too. They thanked the City and citizens of this area for their support. MS. JANET LAIBLIN, Public Affairs Specialist, South Coast Air Quality Management District, Diamond Bar, CA, introduced herself as the local contact for her agency, noting that they had been conducting area Dust Classes in the Palm Desert Council Chamber. She said they appreciated working with the City, and she invited anyone with air quality issues to contact her. MR. CARL CIESLIKOWSKI, Palm Desert, said he'd grown up in the area, noting that many photographs displayed in City Hall were taken by his father, Zenny Cieslikowski. He addressed the City Council on three issues. First, while he understood the City's mission for water conservation, he felt a few more flowers and small grass areas in strategic places in the City would enhance its appearance. Second, he greatly appreciated the $45 resident rates provided at Desert Willow during the winter; however, the rates did not differ in the summer. He'd spoken with Desert Willow General Manager Gary Piotrowski at great length about it, asking him about the possibility of lowering the fees to encourage more residents to golf during the summer. Lastly, he referred to Palm Desert Municipal Code Section 8.70.190, regarding Vegetation and Landscaping. He currently has a situation where a neighbor's palm tree is shedding onto his property, and although he belongs to a homeowners' association with its own regulations, he'd been told by City staff that its ordinance in the aforementioned Code was relatively unenforceable. If that was true, he suggested the City review this regulation, as he needed relief from the palm tree nuisance he was being subjected to. Mayor Kelly acknowledged Mr. Cieslikowski's concerns, referring all three to staff and requesting a report on them at the next City Council Meeting. MR. ASHLEY THOMAS McDERMOTT recalled the June 28 City Council Meeting where a $25,000 contribution to the East Valley Memorials Foundation for a Veterans Memorial at the Coachella Valley Cemetery was approved. In recognition of this generosity, he and his colleagues presented each City Councilmember and Mr. Ortega with an engraved plaque in appreciation and remembrance of the City's help on the project. Responding to question, he said the Foundation hoped to dedicate its monument on November 11, 2007, and would try to coordinate so as not to conflict with the City's dedication of its Veterans Memorial at Freedom Park scheduled for 11:00 a.m. that day. MR. RIC SIMERLY, Palm Desert, addressed the City Council on four issues. First, he wondered why the City Council Meetings convened at 4:00 p.m. on a weekday when it was difficult for working people to participate. Secondly, he resided near the intersection of Portola Avenue and Rutledge and was growing weary of all the construction activity on Portola Avenue —the bridge, which has taken two years, and 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 the Water District's Sewer Project, noting the Empire State Building was built in 13 months in 1930. Although the Sewer Project appeared to be done on Portola, part of the street was still coned off, and it is one of the City's main arteries. Thirdly, he was concerned about the City's action to approve a $500,000 soundwall for the Wedgwood Glen development at Magnesia Falls and Portola. He said the street there used to be a major dip where vehicles would bang around going through it; now there was a new, flat bridge to cross. He lived directly across from Lincoln School with children screaming and bullhorns going all day long, yet he didn't get a soundwall. He also raised issues with the School District's actions at Lincoln Elementary and Palm Desert Middle Schools. Lastly, he walked in the beautiful Civic Center Park every morning, crossing the walking bridge from San Pascual into the Park, and pointed out that with all the concern about West Nile Virus and vector control, the channel underneath the bridge was a virtual cesspool of millions of gallons of stagnant water. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE BONNIE BOWIE FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS HISTORIC PRESERVATION COMMITTEE. On behalf of the City Council, Mayor Kelly presented an engraved crystal clock to Ms. Bowie, thanking her for the time she served on the Historic Preservation Committee. B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — JULY 2007. On behalf of the City Council, Mayor Kelly and Mr. Ortega honored Cyril Snake and John Urkov (unable to be present) for their service above and beyond the call of duty by presenting them each with a printed certificate and $100 gift certificate. C. PRESENTATION OF CALIFORNIA JOINT POWERS INSURANCE AUTHORITY'S 2007 RISK MANAGEMENT AWARD TO THE CITY OF PALM DESERT. No presentation. D. APPOINTMENTS TO THE PALM DESERT YOUTH COMMITTEE. Mayor Pro Tem Benson moved to, by Minute Motion, appoint Kate Hart, Ryan O'Connell, and Abby Sturgeon to the Palm Desert Youth Committee to fill the current vacancies there — term expiration December 31, 2007. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of July 12, 2007, and July 26, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY, - Warrant Nos. 269, 276, 279, 280, 284, 1, 2, 5, 9, 13, 16, and 19. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#586) by Jack Siegman and Collette Siegman in the Amount of $600,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimants. D. CLAIM AGAINST THE CITY (#590) by Phil Adams in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. CLAIM AGAINST THE CITY (#5911 by Chet Galeazzi in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Alkobar Quick Stop & Deli, 42-005 Cook Street, Suite 110, Palm Desert. Rec: Receive and file. G. CITY COMMITTEE AND COMMISSION MEETING MINUTES,. 1. Art In Public Places Commission Meetings of April 18, 2007, May 16, 2007, and June 20, 2007. 2. Building Board of Appeals & Condemnation Meeting of February 5, 2004. 3. Historic Preservation Committee Meeting of June 26, 2007 4. Marketing Committee Meeting of June 19, 2007 5. Parks & Recreation Commission Meeting of June 5, 2007. Rec: Receive and file. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 H. REQUEST FOR ADOPTION of City Council Resolutions, Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged onto CDs (March 2007, April 2007). Rec: Waive further reading and adopt: 1) Resolution No. 07-55 - March 2007 Records; 2) Resolution No. 07-56 - April 2007 Records. I. RESOLUTION NO. 07-57 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged (2004 Code Cases). Rec: Waive further reading and adopt. J. REQUEST FOR AUTHORIZATION to Purchase Palm Desert Police Motorcycles. Rec: By Minute Motion, authorize the purchase of two Honda Motorcycles from Desert Cities Honda, Thousand Palms, California, in the amount of $30,114.50, as approved in the Fiscal Year 2007/08 Police Department Budget — no appropriation is needed or requested. K. REQUEST FOR APPROVAL of Artists to Work with the Landscape Design Architects for the Monterey Avenue/Dinah Shore Drive Median Landscape/Sculpture Project (Contract Nos. C26780A-C). Rec: By Minute Motion, approve artists Heath Satow, Steve Rieman, and Allen Root to work with the landscape design architects for the subject project. L. REQUEST FOR APPROVAL of Contract to Install, Maintain, and Store the City's Holiday Decorations (Contract No. C26790). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. M. REQUEST FOR AWARD OF CONTRACT for Construction of the Freedom Park Community Garden (Contract No. C26800). Rec: By Minute Motion: 1) Award the subject contract to Larios Builders, Anza, California, in the amount of $37,400; 2) approve a 10% contingency for the project in the amount of $3,740; 3) appropriate funds from Account No. 400-4546-454-4001 for this project. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 N. REQUEST FOR RATIFICATION of the City Manager's Approval of Contract for Production of Public Service Announcements for the "Set To Save" Energy Program (Contract No. C26810). Rec: By Minute Motion, ratify City Manager's approval of agreement with The Lawrence Company, El Segundo, California, in the amount of $44,800 and the expenditure of said funds from Account No. 236-4195-454-3090. O. REQUEST FOR APPROVAL of Amendment to Contract No. C24800A — Janitorial Services at the Palm Desert Civic Center. Rec: By Minute Motion, approve an Amendment to the subject contract with General Cleaning Service, Palm Desert, California, increasing the monthly rate from $2,745 to $2,948 per month — funds are available in Account No. 110-4340-413-3090. P. REQUEST FOR AUTHORIZATION to Reject Bid and Re -advertise Contract No. C25030A — Country Club Drive Median Landscape Improvements Between Monterey Avenue and Portola Avenue (Project No. 934-06). Rec: By Minute Motion: 1) Reject the bid from Sierra Landscape Co., Bermuda Dunes, California, for the subject contract; 2) direct staff to re -advertise this project. Q. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C26390 — Landscape Maintenance Area No. 1 (Project No. 901-07). Rec: By Minute Motion, approve Amendment No. 1 to the subject contract with Greenscape Landscape, Inc., Temecula, California, to add maintenance of the Mesa View Fire Station at an additional annual cost of $2,400 and authorize the Mayorto execute said Amendment — funds are available in Account No. 110-4614-453-3320. R. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C26400 — Landscape Maintenance Area No. 2 (Project No. 902-07). Rec: By Minute Motion, approve Amendment No. 1 to the subject contract with Greenscape Landscape, Inc., Temecula, California, to add maintenance of Fire Station Nos. 71 and 33 at an additional annual cost of $4,260 and authorize the Mayorto execute said Amendment — funds are available in Account No. 110-4614-453-3320. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 S. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C26480 — Installation of Carpet at Desert Willow Clubhouse. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $11,987.96 to the subject contract with Smith Floors & Installations, Riverside, California, for additional area not included in the original scope of work; 2) authorize the transfer of $11,987.96 from contingency to base for the project. T. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25270 — Installation of Traffic Signal and Construction of Related Improvements at the Intersection of Highway 74 and Shadow Mountain Drive (Project No. 565-04) (Granite Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. U. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26030C — Completion of Landscape Improvements for the Westfield Bus Bay Project (Hort Tech, Inc., Palm Desert, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. V. REQUEST FOR AUTHORIZATION to Release One-year Maintenance Security for Tract Map No. 29468 (Stonebridge Palm Desert, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement maintenance security. W. REQUEST FOR APPROVAL of Parcel Map No. 35264 (SRW Investments, Applicant). Rec: Waive further reading and adopt Resolution No. 07-58, approving the map of Parcel Map No. 35264. X. REQUEST FOR AUTHORIZATION to Streamline the Use of Various Landscape and Irrigation Vendors by Granting Exception to Bidding Requirements and Approving Named Vendors and Qualified Service Providers for Fiscal Year 2007/08. Rec: By Minute Motion: 1) Grant an exception to bidding requirements as specified by Palm Desert Municipal Code Section 3.32.090 for Fiscal Year 2007/08; 2) approve the accompanying list of various Landscape and Irrigation Vendors and Qualified Service Providers. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 Y. REQUEST FOR APPROVAL of the Possession and Consumption of Alcoholic Beverages on City -owned Property in Connection with the 30th Anniversary Celebration of the Historical Society of Palm Desert. Rec: By Minute Motion, permit the possession and consumption of alcoholic beverages on City -owned property located at 72861 El Paseo for the subject celebration scheduled for Saturday, September 29, 2007, from 5:00 p.m. to 7:00 p.m. Z. CONSIDERATION of Request for Fee Waiver by Our Lady of Solitude Church for the "Our Lady of Guadalupe Procession." Rec: By Minute Motion, deny the request for fee waiver by Father John Kavcak, MSC, Pastor of Our Lady of Solitude Church, for the 2007 "Our Lady of Guadalupe Procession" scheduled for December 12, 2007, beginning in the City of Palm Springs and ending in the City of Coachella. AA. REQUEST FOR DECLARATION, of Fire Department Vehicle as Surplus and Authorization for Appropriate Disposal. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilman Spiegel asked that Item L and AA be removed for separate consideration under Section XI, Consent Items Held Over. Upon motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER L. REQUEST FOR APPROVAL of Contract to Install, Maintain, and Store the City's Holiday Decorations (Contract No. C26790). Councilman Spiegel stated he thought there was going to be a meeting on the holiday decorations to decide what was going to be kept and what would be purchased, but that was months ago, and they hadn't heard anything since. Mr. Aryan responded a meeting took place to discuss the business corridor along El Paseo and Highway 111, and the decorations considered this evening were for the Civic Center, which the Committee indicated was not a problem. He said Council should be receiving a report on the others 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 shortly. Upon further question, he confirmed the subject agreement included decorations on Highway 111, but the majority of them were from the Civic Center. Councilman Spiegel moved to, by Minute Motion, authorize the City Manager to enter into the subject agreement with The Jarvis Company, Brentwood, California, in the amount of $12,463.38 and $25.00 for a Certificate of Insurance naming the City as additionally insured — funds are available in Account No. 400-4260-433-3910. Councilman Spiegel stated he wanted to move forward with what will be done for this year. Mr. Aryan noted a major renovation was underway at El Paseo, and the Committee held off until they knew what the scope of the project consisted of, in attempts to integrate something for next year. However, it was now late into the year to build something and have it ready by November. Councilman Spiegel noted he and Mayor Pro Tem Benson were on the Committee, and they were supposed to have been provided with a report. Mr. Aryan agreed to return with a report. Motion was seconded by Finerty and it carried by a 4-0 vote, with Ferguson ABSENT. AA. REQUEST FOR DECLARATION of Fire Department Vehicle as Surplus and Authorization for Appropriate Disposal. Responding to question, Mr. Gibson stated the vehicle will be taken to a salvage yard once it's declared surplus. He said the vehicle was inoperable. Councilman Spiegel moved to, by Minute Motion, declare Fire Department Vehicle, Identification No. 2FTRX17WX4CA35999, as surplus inventory and authorize staff to dispose of the asset appropriately. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 XII. RESOLUTIONS A. RESOLUTION NO. 07-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2006/07 BUDGET TO PROVIDE ADDITIONAL APPROPRIATIONS FROM THE GAS TAX, FIRE TAX, AIR QUALITY MANAGEMENT, INTERNAL SERVICE, PARKS AND RECREATION, AND THE GENERAL FUNDS. Responding to question, Mr. Gibson confirmed this item was an adjustment that was made yearly, and it was a transfer of funds for vehicle replacement, capital improvements, etc. Councilman Spiegel moved to waive further reading and adopt Resolution No. 07-59. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROPRIATION OF FUNDS FOR THE 2007 CITYWIDE RESURFACING PROJECT. Due to his being a resident of the area benefiting from the subject project and the resulting conflict of interest, Councilman Spiegel recused himself from the Chamber prior to discussion or action for this item. Mayor Pro Tem Benson moved to, by Minute Motion, appropriate: 1) $1,800,000 from the General Fund to Resurfacing Account, No. 110-4311-433-3320, for the 2007 Annual Overlay Program; 2) $425,000 from the General Fund to Resurfacing Account, No. 110-4311-433-3320, for slurry of streets in the Palm Desert Highlands area; 3) $205,000 from the General Fund to Resurfacing Account, No. 110-4311-433-3320 for slurry of streets that were under construction when adjacent sections were slurry sealed; 4) $600,000 from the General Fund to Resurfacing Account, No. 110-4311-433-3320, for overlay of Country Club Drive from Portola Avenue to Desert Willow Drive. Motion was seconded by Finerty. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 Responding to Mayor Kelly's question, if this project included the west side of Shadow Mountain Drive west of Highway 74, Mr. Greenwood replied it did. Mayor Kelly called for the vote, and the motion carried by a 3-0 vote, with Ferguson and Spiegel ABSENT. B. REQUEST FOR APPROVAL OF CONTRACT FOR EMPLOYEE DENTAL BENEFITS THROUGH JUNE 30, 2009 (CONTRACT NO. C26820). Mayor Pro Tem Benson moved to, by Minute Motion, approve the subject contract with Delta Dental of California and authorize the Mayor to execute same. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. C. REQUEST FOR APPROVAL OF CONTRACT FOR EMPLOYEE VISION BENEFITS THROUGH JUNE 30, 2009 (CONTRACT NO. C26830). Mayor Pro Tem Benson moved to, by Minute Motion, approve the subject contract with Vision Service Plan (VSP) and authorize the Mayor to execute same. Councilman Spiegel stated the subject contract dealt only with small optical companies, and the plan didn't allow for services from places like Pearle Vision, which had promotions going on all the time. Human Resource Manager Lori Carney stated services could be obtained from Pearle Vision or Lenscrafters, and then a claim could be submitted to Vision Service Plan (VSP) for reimbursement at their rate. Councilman Spiegel stated it wasn't right if VSP rates were lower than other participating providers. Mayor Pro Tem Benson agreed and added that only $41 would be reimbursed if another provider was used. Councilman Spiegel commented that local optometrists inflate the price of their glasses and make a higher profit than was allowed by the contractor. He requested staff speak with VSP to include other providers. Ms. Carney agreed to speak to the City's broker about contracting with a chain. Councilman Spiegel seconded the motion to approve the recommendation, with staff requested to check into including some of the larger optometry providers in the City's vision coverage, and it carried by a 4-0 vote, with Ferguson ABSENT. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 D. REQUEST FOR APPROVAL OF CONTRACT FOR PROFESSIONAL SERVICES RELATED TO ENGINEERING PLAN CHECK AND SUPPLEMENTAL ENGINEERING SUPPORT (CONTRACT NO. C26840). Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject contract with Joseph S. Gaugush, P.E., Palm Desert, California, in an amount not to exceed $50,000; 2) authorize the Mayor to execute same — funds are available in Account No. 110-4300-413-3010. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson Absent. E. REQUEST FOR APPROVAL OF AGREEMENTS WITH THE COUNTY OF RIVERSIDE - RIVERSIDE COUNTY LIBRARY SYSTEM/LSSI FOR SERVICES AT THE PALM DESERT PUBLIC LIBRARY THROUGH JUNE 30, 2009. Mayor Pro Tem Benson moved to, by Minute Motion: 1) Approve Contract No. C14168 - Eighth Amendment to Agreement to Provide Library Services (Additional Staff); 2) approve Contract No. C18025 - Fifth Amendment to Agreement to Provide Library Services (Additional Hours/Bookmobile); 3) authorize the Mayor to execute said contracts; 4) authorize issuance of a City Purchase Order, favoring Library Systems and Services, Inc. (LSSI), Germantown, Maryland, in the amount of $60,000 for the purchase of library materials for FY 2007/08 — funding for all of the above has been allocated in the FY 2007/08 Budget, Account No. 452-4662-454-4001 — no additional appropriations are necessary, and funding to supportthese services in FY 2008/09 will be considered through the established process and subject to approval at the appropriate time. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. F. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES CONTRACT FOR ADA (AMERICANS WITH DISABILITIES ACT) REVIEW OF CITY - OWNED FACILITIES AND PREPARATION OF A TRANSITION PLAN (CONTRACT NO. C26850). Responding to question, Mr. Ortega stated the sidewalk study was previously approved, and this item was related to facilities. Mr. Kaiser noted the subject contract dealt only with City facilities, City parks, and all City -owned structures. Responding to Councilmember Finerty's question as to why it was not budgeted, Mr. Kaiser stated at that time, the City didn't perceive the need to update its Transition Plan and didn't realize it was out of compliance. Staff was now trying to get back on track. Councilman Spiegel asked for examples of areas the City was out of compliance. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 Mr. Kaiser replied it was exactly the purpose of the subject contact, to find out where the City was out of compliance in terms of Americans with Disabilities Act (ADA). What triggered the need for review was a complaint by a disabled individual who got stuck in one of the City's restrooms. Through her complaint, staff started looking into the existing accessibility features, realized it was behind the times and facilities needed to be upgraded. Upon further question regarding the cost to upgrade, he said he didn't know. He said when the review was complete, the findings could be looked at and laid out for Council to review, then determine how long it will take and how much the City could afford to execute. Councilman Spiegel asked if this was similar to having someone check to see if the City was earthquake proof, and then retrofitted. Mr. Ortega replied it was. Mayor Kelly disagreed because in this case, the City was breaking the law, it was completely different with ADA. Mr. Ortega noted changes had already been made to City Hall; for example, doors were widened and made automatic. He said new regulations were made every day, and if people came into City Hall and were unable to maneuver because they were disabled, they had the right to file a complaint. Mayor Pro Tem Benson moved to, by Minute Motion: 1) Award the subject contract to Bureau Veritas North America, Inc., Palm Desert, California, in an amount not to exceed $101,028 and authorize the Mayor to execute same; 2) appropriate said funds to Building & Safety Department Account No. 110-4420-422-3010 for Fiscal Year 2007/08. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. G. REQUEST FOR APPROVAL OF THE ANNUAL PURCHASE OF GRASS SEED FOR CITY PARKS AND THE DESERT WILLOW GOLF RESORT. Councilmember Finerty moved to, by Minute Motion, authorize the purchase of 340,000 pounds of grass seed from Simplot Partners, Palm Desert, California, in the amount of $279,470.74 (including tax, shipping, and handling) — funds are available in various City Accounts and the Desert Willow Golf Resort budget. Councilman Spiegel stated the cost of grass seed was $279,470.74, and only $35,000 would be used for the City. He asked if Desert Willow would be paying for the rest. Park Facilities Manager Jay Niemczak confirmed that Desert Willow would get the lion's share of the cost. Motion was seconded by Spiegel, and it carried by a 4-0 vote, with Ferguson ABSENT. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 H. REQUEST FOR APPROVAL OF FUNDING AGREEMENT BETWEEN THE CITY OF PALM DESERT AND EISENHOWER MEDICAL CENTER IN THE AMOUNT OF $10 MILLION FOR CAPITAL IMPROVEMENTS TO MEDICAL CENTER AND NAMING OF FOURTH FLOOR OF THE ANNENBERG PAVILION (CONTRACT NO. C26860). Mr. Ortega noted he and the City Attorney reviewed the subject agreement, and the City Attorney wished to offer some modifications for clarification. He noted that representatives of Eisenhower Medical Center (EMC) were present in the audience today. Assistant City Attorney Steve Deitsch stated he had a brief opportunity prior to the meeting to speak with Mr. Michael Landes, representative of Eisenhower Medical Center, regarding most changes. He noted Mr. Landes, in all fairness, didn't have a chance to thoroughly consider the modifications he was about to offer. But believed the modifications were for clarification only and met with the intent of the parties who drafted the agreement in the first place. The following modifications were proposed to the agreement: Page two, Section 2 - Term. The term of the agreement should be three full years, and in order to accomplish that, the sentence should be reworded to read: Term. This agreement shall remain in full force and effect until July 31, 2010; provided that the covenant set forth in Section 3 of this agreement, shall survive the term of this agreement. Page two, Section 3 - Recoanition and Services. This section dealt with the naming rights for the second floor and also related to The Ambassador Society Wall of Honor. It was suggested to add a sentence at the end of Section 3 to read: Such naming and recognition shall remain in place in perpetuity. Page two, Section 3 - Services. The first sentence needs language inserted to have it read: In order to empower residents to make the best decisions for their health care needs, Eisenhower Medical Center will offer without fee or charae to residents of the City of Palm Desert screenings on a monthly basis by trained licensed professionals. In addition, insert language to the last paragraph to read: In addition Eisenhower Medical Center shall offer seminars six times a year without fee or charge for the benefit of residents of the City of Palm Desert durina the term of this agreement which will include the following topics: Page Two, Section 5 - Reviews. The first sentence needs additional language for clarity and to read: The City and Eisenhower shall meet once a year during the term of this agreement to review progress and administration of this Agreement. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 Mr. Deitsch concluded with his proposed revisions and believed they provided clarification to the Agreement. He offered to answer any questions. MR. AUBREY SERFLING, CEO, President, Eisenhower Medical Center stated he and MR. MICHAEL LANDES agreed the modifications were in the spirit of the agreement and certainly consented and agreed to them. He shared that he personally had a major ambition for the Medical Center and believed it could be recognized as one of the great ones in the United States. He said they've worked diligently on recruiting new physicians over the past three years, and have hired more than 30 new physicians, when at times, there was a serious physician shortage in the community. He said he was a tireless supporter of the nursing program both at College of the Desert and Cal State, San Bernardino, because they've opened up opportunities for young people in the community, but a tremendous need for nurses still existed. However, when he first came to the desert in the fall of 2000, there were 130 nursing positions open; currently there were 20. In addition, the capital requirements for any medical center were daunting because of the new technology, incredible growth in the Valley, and the need to dramatically expand the physical capabilities. He said there were major projects currently underway and they were possibly at the halfway point overall. On behalf of EMC, the Board, and its employees, he thanked the City for considering their request and for helping with the journey of building one of the great medical centers in California. He went on to say that most of his professional background involved hospitals with academic medical centers that had training programs for physicians in terms of interns and residents. He said he worked closely with the University of California, Riverside (UCR) and shared that the University was expanding their two-year program to a four- year program and would bring an academic capability to EMC as well. He again thanked the Council for considering their request. MR. MICHAEL LANDES expressed his appreciation to each Councilmember for believing in EMC, specifically Councilmember Ferguson and Mr. Ortega for their leadership, and the citizens of Palm Desert. He said the contribution will 'make an enormous difference. He reiterated the employees were thrilled with Palm Desert's support, and they will make it work further by going to the cities of Rancho Mirage and Indian Wells to let them know what Palm Desert did. Councilman Spiegel recognized Eisenhower's goodwill gesture of sending equipment that wasn't being used to Ixtapa-Zihuatanejo. He said it was an independent decision by Eisenhower and thought it was a wonderful thing they did. He went on to say that EMC and staff put together the subject agreement that will benefit the citizens of Palm Desert, which he believed was a great accomplishment between any City and hospital. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject funding agreement in an amount not to exceed $10,000,000 with the proposed amendments to the agreement specified by the City Attorney; 2) authorize the Mayor to execute said agreement — funds have been budgeted in Fiscal Year 2007/08. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. I. REQUEST FOR ADOPTION OF RESOLUTIONS APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE COSTS OF IMPROVEMENTS TO COOK STREET (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega stated one of the reasons why this item was a joint consideration for the Agency, was because the Agency was asking for the City's permission to pay the cost. He said the question regarding the 50% cost sharing was raised by Mayor/Chairman Kelly and offered that Mr. Greenwood was available to answer it. Mayor/Chairman Kelly noted the staff report indicated a 50/50 split and asked why not a 75/25 split. Mr. Greenwood responded it was a 50/50 project because it was commercial paper money through the Riverside County Transportation Commission (RCTC); all the projects throughout the Valley were reimbursed at 50%. Initial contacts were made with Coachella Valley Association of Governments (CVAG) to change the City's reimbursement to 75%, but they were reluctant, because it would significantly impact CVAG and affect millions of dollars' worth of projects. Mayor/Chairman Kelly stated since CVAG changed the reimbursement rate from 50/50 to 75/25 at the first of the year. With other projects in the same condition, he knew down the line other cities will want 75/25. He said the City was collecting a large amount to do the work, and if the decision was made that the City could handle 75/25, he thought it should be done because it was the right thing. Mr. Greenwood agreed to push CVAG a little harder. Mayor/Chairman Kelly stated he would approve this item if it included a stipulation that staff will negotiate for 75/25, otherwise he wouldn't vote yes. Councilman/Member Spiegel suggested the item to be continued until a definitive answer was obtained. Mr. Ortega stated a continuance was not necessary because Council would only be approving the Agency's reimbursement, and the resolution could be 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 revised to read "up to 50%." If 25% was eventually negotiated, then that's all that would be paid. Councilman/Member Spiegel stated he didn't want Palm Desert paying 50% and some of the neighboring cities paying 25%. Mayor/Chairman Kelly agreed and stated that's probably what will happen. He said this item should be continued to the next Council meeting with an explanation as to why it wouldn't be 75/25 and also to find out where the other Valley projects were that are affected in the same way. He thought Council should be better informed. Councilman/Member Spiegel noted it involved more than $2 million. Councilman/Member Spiegel moved to continue this matter to the meeting of September 13, 2007. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. J. CONSIDERATION OF A REQUEST FOR SPONSORSHIP OF 2008 FASHION WEEK EL PASEO, MARCH 23 - 30. Mayor Pro Tem Benson stated this event was originally an experimental endeavor, and in talking to various merchants along El Paseo, all were very happy with the event. She said Palm Springs Life, the organizers of the event, had done a fantastic job of including the City in everything. Mayor Pro Tem Benson moved to, by Minute Motion, approve a Presenting Sponsorship Agreement (Contract No. C26870) with Palm Springs Life in the amount of $100,000 for the 2008 Fashion Week El Paseo event, plus in -kind services in an amount not to exceed $10,000. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. K. REQUEST FOR EXTENSION OF CONTRACT FOR PROFESSIONAL SERVICES FOR WEBSITE CONSULTING FOR JULY 2007 THROUGH JUNE 2008 (CONTRACT NO. C23181). Responding to Councilmember Finerty's question about whether or not the item was budgeted, Mr. Van Gelder replied it was, and the account was listed as part of the recommendation. Mr. Ortega explained if staff was requesting an appropriation, it would be stated as part of the recommendation, but before an expenditure was made, Council had to approve it. So, approval didn't mean you're adding the expenditure to the budget, merely that your authorizing the expenditure. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 Councilman Spiegel moved to, by Minute Motion, approve extension of the subject contract with Kimberly Corak, Website Consultant, in an amount not to exceed $66,000 — funds are available in Account No. 110-4190-415-3091. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. L. REQUEST FOR APPROVAL OF HONORARIUMS FOR ARTISTS TO CREATE MODELS/PRESENTATION RENDERINGS FOR AN "ANDY THE DONKEY MAN" SCULPTURE (CONTRACT NOS. C26880A-D). Councilman Spiegel moved to, by Minute Motion, approve payment of honorariums in the amount of $2,000 each for artists Terry Allen, W. Stanley Proctor, Dee Clements, and Clay Dahlberg to create models/presentation renderings for the subject sculpture — funds are available in Account No. 436-4650-454-4001. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. Mayor Kelly noted this project was Mayor Pro Tem Benson's idea and thought it was a perfect example of what public art should represent, because it fit in with the history of the City and will be placed at a logical location. He thanked Mayor Pro Tem Benson for her idea. Ms. Gilligan added that she spoke to the niece of Andy the Donkey Man, who lives in La Quinta, and stated she was very anxious to be part of this homage. Ms. Gilligan thought it was great to have someone from his family involved. M. REQUEST FOR APPROVAL OF A LOAN RECOGNITION AGREEMENT BETWEEN THE CITY OF PALM DESERT AND SUMMIT-MONTEREY PROPERTIES, LLC (A.K.A. "FALLING WATERS") Related to Case Nos. PP/CUP 05-22 and TT 34179 (Summit -Monterey Properties, Applicant). Mr. Ortega explained the City Council previously approved a Housing Agreement that required the Applicant to construct certain low -moderate income housing. The Applicant was obtaining a loan, and the subject agreement stated the City recognized there would be a loan on the property; if there was a default, it wouldn't void the Housing Agreement. The City's Housing Agreement will stand regardless of who owns the property. Upon further question, Mr. Ortega responded the City was not lending the Applicant money, and the City was guaranteed low-income housing. Councilman Spiegel moved to, by Minute Motion: 1) Approve a Loan Recognition Agreement, in accordance with the conditions of approval of the Summit -Monterey Properties, LLC, project by Resolution No. 06-27, between the City of Palm Desert and Summit -Monterey Properties, LLC, substantially as to form; 2) authorize the Mayor to execute the finalized agreement. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 NOTE: THIS ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. N. REQUEST FOR APPROVAL OF THE PURCHASE OF FURNISHINGS FOR THE DESERT WILLOW GOLF RESORT CLUBHOUSE. Councilman Spiegel moved to, by Minute Motion, approve purchase of new dining room chairs, patio chairs, patio cushions, and patio tables forthe Desert Willow Clubhouse by authorizing the following: 1) Purchase Order in the amount of $59,600 plus a $5,960 contingency to Two Zero Six, Seattle, Washington, forthe purchase of dining room chairs; 2) Purchase Order in the amount of $38,877 plus $3,888 contingency to David Moore/David Moore & Company Quality Cushions, Rancho Mirage, California, for patio seating, cushions, and tables; 3) appropriation of $58,325 to Account No. 241-4195-495-8092 for this project — committed funds in the amount of $50,000 are available in the Fiscal Year 2007/08 Capital Budget, Account No. 241-4195-495-8092. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY 4-0 VOTE AT CONVENING OF THE MEETING. O. REQUEST FOR AUTHORIZATION TO RELEASE LANDSCAPE SECURITY FOR TRACT NO. 34626 (PART OF COMMUNITY FACILITIES DISTRICT NO. 2005-1) UPON RECEIPT OF REPLACEMENT BOND (WL Homes, LLC, Applicant). Mr. Greenwood stated this item was a request to substitute bonds on the Laing Homes project at University Park. Mr. Ortega stated Laing Homes had put up bonds for the City, and they were no longer necessary. Approval of this item will release the original developer's bond. Responding to question, Mr. Greenwood stated Laing Homes originally posted a bond for landscaping of the perimeter of their project. Sierra Landscaping was now hired to install that landscaping, and they have posted a substitute bond, which was before Council. The bond is for an identical amount, and identical in every way, other than it was now Sierra Landscape rather than Laing Homes. The agreement between developers required this action in order to move forward in a timely manner, that's why staff added it to the agenda. He said the contractor was hired and currently working, and the project had remained on track. Upon further question, he said the Landscaping Committee had already approved the project in the past. Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to release landscape security number 5024759 by WL Homes, LLC, upon receipt of a replacement 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 bond for Tract No. 34626 by the landscape contractor, Sierra Landscape Co. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 TO CONTRACT NO. C22870C — CONSTRUCTION MANAGEMENT SERVICES FOR THE WHITEWATER BRIDGE AT PORTOLA AVENUE (PROJECT NO. 647-04). Councilman Spiegel asked what the total cost was for construction of the bridge. Engineering Manager John Garcia responded it was about $12 million, if you added up all the consultants' fees, construction costs, and construction management services. Mayor Kelly asked when all four lanes would be opened. Mr. Garcia replied striping would begin Monday. He said Council had to keep in mind that because of construction of the soundwall, north of Magnesia Falls Drive, on the northbound side, one of the lanes there would be closed. Upon further question, he said the soundwall project will run to the end of September. Councilman Spiegel moved to, by Minute Motion, approve Amendment No. 2 in the amount of $82,212 to the subject contract with Berg & Associates, San Pedro, California, and authorize the Mayorto execute same for additional construction management services required due to the delay of side slope and invert paving construction caused by flooding of the channel, and for construction of the soundwall on northbound Portola Avenue. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. B. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT NO. C25450 — FOR SERVICES AND MATERIALS IN THE ADVERTISING AND PROMOTION OF THE EL PASEO BUSINESS IMPROVEMENT DISTRICT. Councilmember Finerty moved to, by Minute Motion, approve Amendment No. 1 to the subject agreement between the City of Palm Desert and Furino/Greene Creative, Inc., Palm Desert, California (formerly Creative I Group, Inc.), extending the contract from July 1, 2007, through June 30, 2008, in an amount not to exceed $240,000 — funds are available in Account No. 271-4491-464-3215. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN/CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT TO CONSTRUCT A 12-UNIT SENIOR CITIZEN APARTMENT PROJECT LOCATED AT 73-811 SANTA ROSA WAY, AND APPROVAL OF THE HOUSING AGREEMENT RELATED THERETO Case Nos. DA 07-01 and PP/CUP 07-06 (Bernard Investment Group / Ken Bernard, Applicant). Ms. Aylaian stated the Applicant was requesting approval of a precise plan Development Agreement and Conditions of Approval for construction of a 12-unit Senior Citizen Apartment project on Santa Rosa Way. The project was before Council and approved in 2002, but the development agreement was never finalized or executed, and the property owner sold the property to the current Applicant. Since then, minor changes were made to the project involving tweaking the site design and modifications to the housing agreement to reflect the changes in affordable housing since 2002. The property was zoned R-2, Senior Overlay and was designated High Density, 7-18 units per acre, a two-story building, 24 feet tall, with more parking, more open space, and greater setbacks than are required. The Planning Commission approved the project 5-0, and Architectural Review Commission approved the plan on a 5-2-0 vote. She noted the Applicant was available to answer questions. Responding to question, Ms. Aylaian replied the project complied with the City's Energy Ordinance. Responding to Councilman Spiegel's question about an elevator on the complex, Ms. Aylaian replied there was not an elevator. She said the design consisted of two separate buildings, and an elevator was not required by code. She said all the units on the ground floor would be fully accessible, and those on the second floor wouldn't be accessible to people who required wheelchair mobility assistance. Mayor Kelly noticed the footprint took up a small percentage of the land and wondered if the complex could be single story and still stay within the ordinance, with the same number of units. Ms. Aylaian agreed a different approach could have been taken to the design, but the Applicant chose to use the initial design that was approved rather than redesigning it. If it were to be redesigned, it would require further study to see if all 12 units and the required parking and open space could fit. Mayor Kelly stated the City had several senior housing projects that were single story. He thought this project should be one if it didn't have an 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 elevator, even though it was not required. He didn't think seniors would buy a house with stairs. Councilmember Finerty agreed and thought it would be difficult when carrying groceries that had to be towed up the stairs. Mayor Kelly declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. MR. KEN BERNARD, Developer, stated he would address some of the questions raised by Council. He said he attempted to configure a single -story building, but the lot was only 22,000 square feet; and because of the parking requirements and setbacks, it was impossible. He said a single -story building would not make it economically feasible. Initially when he was introduced to the project by Planning staff, he thought it was a nice project and purchased the land from the previous owner; he later purchased the project. He said each building had six units each, with three units located upstairs, and one staircase at each end. He pointed out the City had other two-story senior housing. In fact, there was currently one being built on the adjacent property. He said he was a 65-year-old senior and didn't think all projects had to have elevator accessibility. He said walking up the stairs may keep some a little more healthy, which he opted to take in his own office building, even though it had an elevator. He said there was little that could be done with this small, odd -shaped lot, and respectfully requested approval of his project as presented. With no further testimony offered, Mayor Kelly closed the public hearing. Responding to question, Ms. Aylaian stated with the demographics in Palm Desert, there was a large population of seniors who were looking for housing, and across that spectrum, there were people who would not hesitate to live in a second -story apartment. In a perfect world, there would be elevators so that as one aged, there would be no need to move. She said the economics of the project changed if elevators were required, particularly because there were two buildings. She said it was close to $200,000 to add elevators to the project, and it would make it no longer viable. She said the project was appropriate and believed there would be people comfortable with the second floor to make it an attractive project as proposed. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1141 to second reading, approving Development Agreement No. 07-01; 2) waive further reading and adopt Resolution No. 07-61, approving Precise Plan/Conditional Use Permit No. 07- 06, subject to the attached conditions; 3) by Minute Motion, approve the Housing Agreement, substantially as to form, authorize the City Manager to finalize the agreement and the Mayor to execute same. Motion was seconded by Kelly. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 Councilmember Finerty recalled a similar project from when she served on the Planning Commission, where the developer joined two buildings together with only one elevator required, to make the project economically feasible. It seemed to her, when dealing with seniors with hip replacements, knee replacements, being what they are, elevators were a must. Mayor Pro Tem Benson didn't see why two buildings were needed for a 12-unit complex, and thought it was better to have an elevator. She said there were seniors who didn't use a wheelchair that couldn't walk up the stairs, and it wasn't only walking up the stairs, but also carrying the groceries from the parking lot. Responding to question, Ms. Aylaian replied 62 years of age was considered a senior. Mayor Kelly agreed a single -story building would be much more feasible. He said in certain circumstance setbacks could be adjusted even though the City had an ordinance. He noted only 20% of the pad was taken up for the buildings and thought if the project was redesigned into a single -story, it would probably only take up 40%. MR. BERNARD responded 60% of the lot was for parking requirements by the Fire Department. He said the 16-covered parking spaces, garbage facility, and fencing used up space as well. He noted he owned another lot on Catalina Way that he would also be planning for. Mayor Kelly pointed out the project had generous open space next to the parking lot, and stated Council would be more lenient on setbacks and open space, in order to get a single -story building for seniors that could still be made to look nice with a small patio. MR. BERNARD replied he would save a lot of money on construction alone, if he could do a single -story building, and he would much rather build a single -story, but it was an impossibility with the requirements involved. Mayor Kelly asked staff if the City could work something out with the Applicant to put a single -story for 12 units on the subject property. Ms. Aylaian responded staff would certainly agree to look into it but would not hazard a guess without studying it further because it was a constricted lot, oddly configured, and difficult to use the space efficiently. She requested further review. Councilmember Finerty suggested considering joining the two buildings with an elevator in the middle. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 Ms. Aylaian responded if staff was looking at options, they will go back and consider all possibilities. Councilman Spiegel made a substitute motion to continue the public hearing to September 13, 2007. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. Mayor Kelly reopened the public hearing. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Coachella Valley Water District Sewer Project (CVWD)-Monterev Ave. Mr. Ortega referred to one of the previous speakers at today's meeting regarding the subject project. He said the good news was that CVWD's Sewer Project was moving along, but the bad news was that it was now going to be on Monterey Avenue. Therefore, staff has explored several alternatives, and he asked Mr. Greenwood to explain and specify the best one to provide the least amount of interruption time wise. Mr. Greenwood said the project construction was progressing along Hovley Lane West, currently near the Jewish Temple there and getting close to Monterey Avenue. The last leg of the project was to progress up Monterey Avenue to the intersection of Country Club Drive. Staff had looked at many alternatives on how to do this work on Monterey; the pipe is essentially in the middle of the northbound lanes there. If the work was staged in order to maintain traffic flow as possible there, it would go approximately 16 weeks, which would be through the holidays and into February. After a great deal of effort by a lot of people, an alternative was developed where the northbound lanes of Monterey Avenue would be closed between Hovley Lane West and Country Club for seven to eight, maybe nine weeks. Responding to question, he said there were three lanes there, but the pipe was very deep and the trench had to be very wide, which would take up all the lanes. Further responding, he said if the traffic was divided so that north/south traffic used the existing southbound lanes, existing median islands would have to be removed, there would have to be a lot more coordination required with the City of Rancho Mirage, and it doubled the length of the work. In dealing with CVWD and their contractor, they're going to put a double crew on this area, one early crew and one crew continuing later into the evening. If the City allows them to close the northbound lanes, they will be done before Thanksgiving in orderto have Monterey Avenue open, no construction 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 whatsoever and normal traffic during the holiday shopping season. He confirmed that the southbound lanes into Palm Desert would be maintained, completely unimpeded; all northbound traffic would be notified starting at Fred Waring that Monterey Avenue would be closed at Hovley Lane and to use Portola Avenue. The same notice would be provided at Magnesia Falls Drive, then the final detour notice at Hovley Lane to Portola. Portola Avenue would be completely paved and fully open at that time. Upon further question, he said traffic can take the detour at Hovley Lane, but it was the intent to persuade drivers to take Fred Waring or Magnesia Falls to Portola to help lessen some of the traffic volume on Hovley. In response to question about how many lanes would be available if north/south traffic was maintained on Monterey with the project then going into February, he believed two lanes could be maintained in each direction most of the time; however, the median would first have to be removed. He noted that a CVWD representative was in attendance to provide further information if desired. Mayor Pro Tem Benson felt getting the project done by Thanksgiving was the better alternative. Councilman Spiegel noted that Thanksgiving then often becomes Christmas. Mr. Greenwood related that staff worked long and hard on the schedule, which was paramount to the City, and the agreement provided that they would be done with this section by Thanksgiving. He acknowledged that it would still be painful. City Councilmembers concurred that staffs recommended alternative should be pursued in order to get the work done by Thanksgiving. Councilmember Finerty requested that this traffic advisory be generously publicized, especially in the Bright Side. 2. "Te Rakai-A-Rongo (Adorn the Peace)" - Sister City Gisborne, New Zealand. Artwork Mr. Ortega called attention to the traditional Maori "hei-tiki" artwork, a gift from the City's Sister City of Gisborne, which was recently installed in the City Council Chamber. He provided copies of an announcement with further details about the piece from the Mayor of the Gisborne District Council. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department Chief Rios noted the Fire Report provided to City Councilmembers under separate cover and offered to answer any questions about it. He added that they were also gearing up for the Annual Mini -Muster Event in October. o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. New Enterprise Car Rental Location - Hiahwav 111 Councilman Spiegel noted the new car rental office was a stark white color and questioned whether it was going to stay that color or if the project was still being finished. Councilmembers noted that green and white were Enterprise's signature colors. Ms. Aylaian said she would look into the matter and provide a response to Councilmembers tomorrow. 2. World Savinas Bank/Wachovia - SWC Hiahways 111/74 Councilman Spiegel asked when the subject project recently approved by City Council would break ground. Ms. Aylaian responded that the project hadn't even been in for plan -check yet, adding that it was typically at least a six-month lag time between project approval and breaking ground. She would provide an answer to the City Council on this item as well. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007 o City Council Committee Reports: None o City Council Comments: 1. Leaaue of California Cities Annual Conference - Sept. 5-8 Mayor Kelly reported that he was not going to be able to attend the Annual Conference, and Mayor Pro Tem Benson was departing the Conference before voting took place. He'd reviewed the resolutions to be voted on, and there were only four this year. Mayor Pro Tem Benson said she'd also reviewed them and didn't think any of them pertained to the City of Palm Desert. Mayor Kelly agreed. Councilmembers concurred. 2. Briaht Side Article - Emeraencv Vehicles Councilmember Finertythanked staff forthe article in the City's August newsletter, reminding drivers to yield to emergency vehicles. XIX. ADJOURNMENT With City Council concurrence, Mayo elly adjourned the meeting at 5:41 p.m. ATTEST: CHELLE D. KLASSN, CITY CLERK Th CITY OF PALM DESERT, CALIFORNIA 29