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HomeMy WebLinkAbout2009-04-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 9, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Jim Ferguson Mayor Pro Tem Cindy Finerty Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, 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 Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, 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 APRIL 9, 2009 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Hearing pursuant to Government Code Section 54956.7: 1 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 627-071-016 (44-850 San Antonio Circle, Palm Desert) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Amber Witte, Aubrey Witte Under Negotiation: x Price x Terms of Payment 2) Property: APNs 637-170-028 and 637-170-027 Negotiating Parties: Agency: Justin McCarthy/Mark Greenwood/Martin Alvarez/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: The Warner Trail Maintenance Association Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Sierra Club and Center for Biological Diversity v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC 084911 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 Mr. Erwin asked for City Council's/Agency Board's consideration of adding five additional names and the respective Assessor's Parcel Numbers to Property Negotiation Item No. 2 that had been inadvertently omitted from the agenda. Upon a motion by Finerty, second by Ferguson, and 5-0 vote of the City Council/Agency Board, the following five names and Assessor's Parcel Numbers were added to Property Negotiation Item No. 2 above, pursuant to Government Code Section 54956.8. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 Gustavo Gonzalez - APN 637-170-033 Patricia Lewis - APN 637-170-032 Theresa Green - APN 637-170-031 Gayland Trousdale - APN 637-170-030 Rodney Cosgrove - APN 637-170-029 Councilman Kelly asked about adding a case of potential litigation to the agenda relative to the Stone Eagle matter on today's regular session agenda. Mr. Erwin responded that there had been numerous threats that have approached the status of litigation and agreed that it would be appropriate to add a case of potential litigation. Councilman Ferguson noted that he would need to abstain from the vote to add this item to the Closed Session agenda due to his legal representation of a client whose property is immediately adjacent to both Stone Eagle and to Mr. Scheer. On a motion by Kelly, second by Finerty, and 4-0-1 vote of the City Council, with Ferguson ABSTAINING, one case of potential litigation pursuant to Government Code Section 54956.9(b) was added to the Closed Session Agenda. Councilman Ferguson also asked for his colleagues' consideration of adding an item to the Consent Calendar: AB 432 (Nestande). He said it was legislation for Palm Desert drafted by Attorney Bill Strausz that was returned from Legislative Counsel last Friday. He just received an e-mail that a hearing for the Bill was set for April 27, and the author asked the City for a letter of support for this Feed -in Tariff Legislation, which was what he studied on his trip to Spain last October. He explained that there would be no cost to Palm Desert, but it would require Southern California Edison to pay people with solar panels for any energy it uses above and beyond what is used by the residence. He said it would be the subject of many hearings and important for the City to get its letter of support out quickly. Councilman Ferguson moved to add Authorization for the Mayor to Send a Letter of Support for AB 432 (Nestande) to Item X - Consent Calendar on today's agenda. Motion was seconded by Finerty and carried by 5-0 vote. With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:04 p.m. He reconvened the meeting at 4:00 p.m. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin reported on two actions taken in Closed Session: 1) In the matter of the Sierra Club and Center for Biological Diversity v. City of Palm Desert, the City will be defended by Best, Best & Krieger, with Michelle Ouellette as the lead CEQA Attorney. 2) City Council determined to go out with a Request For Proposals (RFP) for the City Attorney position, and the current contract with Best, Best & Krieger would be terminated effective July 1, 2009. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Robert A. Spiegel Vil. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. ROB BALLEW, Executive Director of the Family YMCA of the Desert, along with MS. MARGARET CLAGGETT, Manager of the Palm Desert Rabobank, thanked the City for its help with and sponsorship of this Saturday's Easter Egg Hunt to be held in Civic Center Park at 9:00 a.m. Following the Easter Egg Hunt, there would be a "Healthy Kids Day," which had over 1,100 people participate last year and was being sponsored this year by Rabobank. They presented Mayor Spiegel with one of the stuffed, backpack Easter bunnies that all kids would be receiving for their participation, made available by Kohls Department Store. Additionally, they presented each City Councilmember and Mr. Wohlmuth with a golden Easter egg for all their help and support. Mayor Spiegel thanked Mr. Ballew and Ms. Claggett and added that the City was also presenting an Arbor Day Celebration in the Park this Saturday, promising a full day of activities in the Park. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE KEVIN GROCHAU FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES COMMISSION. Mr. Grochau was unable to be present at today's meeting; the item will be continued to the meeting of April 23, 2009. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2009 AS "NATIONAL DONATE A LIFE MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel presented the proclamation to Mr. Miles Kay. MR. KAY, as an ambassador on behalf of One Legacy, the organ procurement organization for the Inland Empire, and Donate Life California, thanked City Council, adding that it was joining 70 other California cities in making this proclamation that would increase awareness of the need for organ donation. He said it was especially important since 21,000 people in California were waiting for an organ and encouraged everyone to solve the problem and give the gift of life by signing up on the State's donor registry, which had already reached 4,000,000 and will reach 5,000,000 this year. He introduced his wife, Sylvia, who she was given the gift of life with a liver transplant in December 2001, and his granddaughter Zara, who presented the City Council with Donate Life lapel pins, bracelets, and bookmarks. C. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2009 AS "SEXUAL ASSAULT AWARENESS MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel presented the proclamation to Ms. Margaret Davies of Coachella Valley Sexual Assault Services, Inc. MS. DAVIES thanked the City Council for the proclamation and commented that it was a very worthy cause. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 26, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 188, 203, 204, and 209. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Hood, 73-850 Highway 111, Suite A, Palm Desert. Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of January 21, 2009. 2. Cultural Resources Preservation Committee Meeting of February 24, 2009. 3. Landscape Beautification Committee Meeting of February 18, 2009. 4. Library Promotion Committee Meeting of December 17, 2008. 5. Marketing Committee Meeting of January 20, 2009. Rec: Receive and file. E. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt: 1) Resolution No. 09-18 - October 2008 Records; 2) Resolution No. 09-19 - November 2008 Records; 3) Resolution No. 09-20 - December 2008 Records. F. RESOLUTION NO. 09-21 - 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 Office of the City Clerk that Have Been Digitally Imaged (January 2009 List). Rec: Waive further reading and adopt. G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28030A — Country Club Drive Curb Retrofit Project (Project No. 619-08) (Contreras 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. H. REQUEST FOR APPROVAL of Special Event to Be Held on City -owned Property - "Parking Lot Sale" at the Joslyn Senior Center. Rec: By Minute Motion, approve a "Parking Lot Sale" on May 2, 2009, from 9:00 a.m. - 1:00 p.m. at the Joslyn Senior Center located at 73-750 Catalina Way, Palm Desert, a City -owned property. This request was withdrawn from the agenda. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 I. CONSIDERATION of Legislative Review Committee Action on AB 333 (Fuentes) - Subdivision Maps. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 333 (Fuentes). J. CONSIDERATION of Legislative Review Committee Action on AB 433 (Ammiano) — Newly Constructed Buildings' Ventilation Systems. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 433 (Ammiano). K. CONSIDERATION of Legislative Review Committee Action on AB 546 (Knight) — Sales Tax Exemption. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 546 (Knight). L. CONSIDERATION of Legislative Review Committee Action on AB 815 (Ma) — Public Contracts. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 815 (Ma). M. CONSIDERATION of Legislative Review Committee Action on AB 874 (Saldana) — Recreational Activities. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 874 (Saldana). 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 N. CONSIDERATION of Legislative Review Committee Action on AB 1028 (Blumenfield) — Tax Levies. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1028 (Blumenfield). O. CONSIDERATION of Legislative Review Committee Action on AB 1064 (Garrick) — Public Contracts. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1064 (Garrick). P. CONSIDERATION of Legislative Review Committee Action on AB 1262 (A. Strickland) — Sales Tax Exemptions. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1262 (A. Strickland). Q. CONSIDERATION of Legislative Review Committee Action on AB 1523 (C. Calderon) — Tax Levies. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1523 (C. Calderon). R. CONSIDERATION of Legislative Review Committee Action on SB 559 (Walters) — Tax Exemptions. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 559 (Walters). 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 S. CONSIDERATION of Legislative Review Committee Action on SB 663 (Benoit) — Neighborhood Electric Vehicles. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to SB 663 (Benoit). T. CONSIDERATION of Legislative Review Committee Action on SB 699 (Alquist) — Manufacturing Equipment. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 699 (Alquist). U. CONSIDERATION of Legislative Review Committee Action on SB 711 (Leno) — Labor Negotiations. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 711 (Leno). V. CONSIDERATION of Legislative Review Committee Action on SB 802 (Leno) — Public Contracts. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 802 (Leno). W. CONSIDERATION of Legislative Review Committee Action on SB 813 (Kehoe) — Redevelopment. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 813 (Kehoe). 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 ADDED BY 5-0 VOTE at Convening of the Meeting: X. REQUEST FOR AUTHORIZATION for the Mayor to Send a Letter of Support for AB 432 (Nestande) — Feed -in Tariff. Rec: By Minute Motion, authorize the Mayor to send a letter of support for AB 432 (Nestande). Councilman Ferguson moved to, by Minute Motion, approved the Consent Calendar as presented. Motion was seconded by Finerty. Mr. Wohlmuth requested that Item H be withdrawn from the Consent Calendar. Councilman Ferguson amended his motion to remove Item H and approve the remainder of the Consent Calendar. Motion was seconded by Finerty and carried by a 5-0 vote of the City Council. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 XIV. NEW BUSINESS A. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION AND RELATED ACTIONS. Councilman Kelly stated a more compatible selection process would be to have each Councilmember select a Planning Commissioner. He understood there was concern that Councilmembers might tend to control their appointee, but if that was the case, it would have already happened. He had an experience where he didn't get the results he had hoped for in his neighborhood, and he didn't make a public appearance or solicit any Planning Commissioner to vote in any way, other than appearing before the whole Planning Commission. He said it seemed every time the Council had an appointment to make, it became a controversial issue. He said if each Councilmember appointed a Planning Commissioner, things would run more efficient because it would be a better reflection of the philosophy of the Council. Councilmember Benson disagreed because the current process had been in place for more than 30 years without much dissension. She said the current system worked and it's what made Palm Desert what it was today. She said the City Council never interfered with the Planning Commission because it wanted to have an independent body, and it was a rare occasion to see a Councilmember at a Planning Commission meeting; she saw no reason to change the process. Councilman Ferguson stated he reviewed the alternatives provided by staff, and he contacted someone knowledgeable with the County system. He said the rationale for a Council appointed Planning Commission stemmed largely from a district driven re-election cycle where there was large territory involved. For example, Supervisor Roy Wilson has his own appointee, which made it easier for him to manage land -use decisions on both his Planning Commission and Council from a supervisory level, instead of having four colleagues from the Riverside area come out to the desert to look at every project. He said Palm Desert City Council didn't have those sets of constraints and agreed with Councilmember Benson that the current process had worked for more than 30 years. He said it was no secret that a majority of the people that served on the Council came from the Planning Commission and believed that the appointee to the Planning Commission should come from the City Council as a whole. Mayor Pro Tenn Finerty stated that coming from the Planning Commission to the City Council, she remembered the day she was appointed and how good it felt to have the full support of the Council, which was a confidence builder. She said if each Councilmember chose their own Commissioner, she was 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 concerned that the Commissioner would feel in their heart that they were somewhat beholden to each individual Councilmember, and it would send the wrong message. She said if the Council wanted that, then there would be no need for a Planning Commission. She said the current process had brought the City success and thought it should not be changed. Councilman Ferguson moved to, by Minute Motion, appoint Nancy DeLuna to the Planning Commission for a four-year term (01 /01 /09 -12/31 /12) to replace Russ Campbell. Motion was seconded by Finerty. Councilman Kelly moved to, by Minute Motion, reappoint Russ Campbell to the Planning Commission for a four-year term (01/01/09 - 12/31/12). Motion died for lack of a second. Mayor Spiegel called for the vote on the first motion, and it carried on a 3-2 vote, with Kelly and Spiegel voting NO. Councilman Kelly noted his decision had nothing to do with Nancy DeLuna's appointment, and he had high respect for Ms. DeLuna and the job she did for the City, but he felt strongly that Russ Campbell had served the City extremely well on several Committees and Commissions for the past several years. He said Mr. Campbell had spent five months in the Planning Commission and thought it was wrong to remove him now, which was an example of what he was referring to when he was suggesting each Councilmember appoint their own Planning Commissioner. He thought it was bad that Ms. DeLuna did not have a unanimous vote of the City Council and what had just happen was a mistake and unfair to Mr. Campbell. Councilman Ferguson echoed Councilman Kelly's comments about Mr. Campbell and believed he would continue to serve the City well. However, when Mr. Campbell was appointed last August, it was made clear that his appointment was only until Dave Tschopp's term expired, which was in December. When Mr. Campbell's consideration for reappointment came up, he lost. He said he voted against Mr. Campbell twice, not because he disliked him, but because he had other people he preferred, which was the democratic process. He said any unfairness that Mr. Campbell had been put through was done with everyone's eyes open, and it was unfortunate for Mr. Campbell. While Ms. DeLuna may have only received a 3-2 support of a legal vote of this Council, he believed she had a 5-0 support for doing the job that was expected of her on the Planning Commission. He said Ms. DeLuna's abilities were equal to Mr. Campbell, but he certainly didn't have anything negative to say about either one of them. Mayor Spiegel agreed with Councilman Kelly that it was no disrespect to Ms. DeLuna and had more to do with the confidence they had for someone already serving on the Planning Commission. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 B. REQUEST FOR APPROVAL OF THE PURCHASE OF FURNISHINGS FOR THE HENDERSON COMMUNITY BUILDING IN AN AMOUNT NOT TO EXCEED $37,566.89 FOR MOVABLE TABLES, ADDITIONAL CHAIRS, AND PATIO FURNITURE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilmember/Member Benson moved to, by Minute Motion: 1) Approve the purchase of furnishings from Total Plan Business Interiors, Rancho Mirage, California, for the Henderson Community Building in the amount of $22,733.39 — funds in the amount of $21,696.60 are available in Account No. 400-4367-433-4001; 2) appropriate an additional $1,036.79 from the Parkview Office Complex/Henderson Community Building Fund, Account No. 510-4195-495-3370, to Account No. 400-4367-433-4001 for this purpose; 3) direct staff to store, surplus, or retain the existing conference room table for use at a City property; 4) approve the purchase of permanent furnishings for the Henderson Community Building from Landscape Forms, Inc., Kalamazoo, Michigan, in the amount of $14,833.50 — funds are available in Account No. 850-4358-433-4001. Motion was seconded by Ferguson. Project Coordinator Heather Beck noted the staff report and offered to answer questions. Mayor/Chairman Spiegel stated that last October the City invested $99,000 on tables and chairs, and that now it was considering getting rid of them. Ms. Beck responded the original cost for the one table was $8,600. Further responding, she said the plan was to keep the chairs. She said the original $99,000 included three tables, credenzas, chairs for the tables, and historical photographs. Mayor/Chairman Spiegel stated that according to the minutes, it appeared Mayor Pro TemNice Chairman Finerty had changed her mind. Mayor Pro Tem/Vice Chairman Finerty disagreed, stating she would probably vote against the recommendation. She said the community was recommending different types of tables and chairs that are movable; however, the current chairs were movable and thought people could work around the tables. The City had a subcommittee comprised of herself and Councilman/Member Ferguson, and they came up with something they thought would look nice in the room aesthetically. They did not think that portable chairs and tables were aesthetically pleasing given the style of the building and the first-class nature that it represented. She said some members of the community felt otherwise, so she approached Redevelopment Manager Martin Alvarez regarding their concern. She said it was important that it be brought to the entire Council because it wasn't a decision that she alone should make. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 Mayor/Chairman Spiegel read a portion of the May 13, 2008, Minutes where then Councilmember/Member Finerty stated "the original set of furniture presented was collapsible and stackable, but the subcommittee did not feel that type of furniture was appropriate for this building. The building is nice and modern and the subcommittee chose fabrics that were striking that complimented style. The problem now was whether or not to accommodate a large group and lessen the aesthetics, and it was a choice the Council now needed to make. She didn't know what types of groups were looking to use the Henderson building versus who went to the Portola Community Center, but for the amount of money spent on the Henderson Community Building, she felt the furniture needed to be represented well." He said six months with the furniture was not a good test. Mayor Pro TemNice Chairman Finerty responded that it needed to be understood that she was carrying the wishes of residents who had complained to her, and she may not agree with what they want. She still believed the furniture that was purchased was appropriate, but this matter needed to be brought to the entire Council to evaluate. Aesthetically the City should keep the current furniture, but additional chairs to accommodate more people and furniture for the patio were items the Henderson Building currently didn't have. Mayor/Chairman Spiegel agreed the patio needed furniture because it was beautiful, and it needed to be used. Councilman/Member Kelly said the motion was not made by options. Mayor Pro TemNice Chairman Finerty pointed out that the staff report included the cost of the patio furniture, and on page two was an option "to approve the purchase of the patio furniture at a cost of $14,833.50." Mayor/Chairman Spiegel stated he had asked staff to look for a vendor locally that could provide patio furniture and wondered if they had an opportunity to do so. Ms. Beck replied there were products that could be purchased locally, however, staff had concerns with them. The products proposed to Council were chosen for its durability and sustainable attributes with the ability to secure them to the patio, but there were other options that staff could explore. Councilman/Member Kelly stated he was in favor of purchasing patio furniture, but he was not in favor of changing out all the furniture that was purchased only six months ago and would vote against the current motion. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 Ms. Beck stated it was recently brought to her attention that the Workforce Housing Grant was a possible source of reimbursement for these cost, which was something to consider when casting a decision. Mayor Pro Tem/Vice Chairman Finerty stated the cost for the movable tables was $8,513, additional chairs were $14,220, and the patio furniture was $14,833. Councilman/Member Ferguson withdrew his motion because he had a substitute motion in mind. Councilmember/Member Benson stated she understood there were many complaints but thought the furniture was aesthetically pleasing as well. She thought the City should keep the furniture a while longer and approve the purchase of the patio furniture. Councilmember/Member Benson moved to, by Minute Motion, approve purchase of the proposed patio furnishings, only, in the amount of $14,833.50 — funds are available in Account No. 850-4358-433-4001. Motion was seconded by Ferguson and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF DESIGNS FOR PAINTING TWO SETS OF CITY TRAFFIC SIGNAL BOXES (CONTRACT NOS. C28760A-B). Public Arts Manager Richard Twedt noted the staff report and pointed out that in the audience were representatives from both youth groups that worked on the proposed designs: Emily Spalina who is the coordinator from the Palm Springs Art Museum for the teens youth group and also a couple of Art students from College of the Desert. Mayor Pro Tem Finerty asked if it was the City's objective to paint all of the traffic signal boxes throughout the City. Mr. Twedt replied that it was not his objective. Mayor Pro Tem Finerty stated the City approved a couple of boxes to see how they looked and now there were more to consider. She wondered at what point would these types of recommendations stop. Mr. Twedt responded he did not budget for additional boxes for next year in next year's budget and believed these were the last ones. Councilmember Benson stated she had made this request from Mr. Twedt some time ago, and noted she had a map of all the traffic signals in the City. She had asked Mr. Twedt to bring forward a proposal to paint the two traffic signals, which the Council approved, but only in areas of the City where they 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 were more visible. She said the boxes that were painted looked better than the ones that weren't. She agreed that not all traffic signal boxes should be painted, but if the ones in the core area of the City were painted, it would enhance the City's image and Art program. Councilman Kelly stated he didn't have a problem with painting the boxes or the system of who gets to paint and work on them, but having the youth paint the boxes was a good idea. However, he didn't think the proposed designs would look good on the street. Councilman Ferguson agreed with Councilman Kelly. He was not pleased with the designs proposed for a central location (Town Center Way and Highway 111) of the City, specifically the one that looked like a Zebra; he said it would be an abomination. He said perhaps the designs were very artistic in a gallery and great in a home, but not on a public utility box. He emphasized to staff his resentment of having to publicly criticize the designs, which he was willing to do rather then have them in the community. He would personally like an opportunity to evaluate the art without having to do it at the artist's embarrassment, but he had to mind over the City with his one -fifth vote. He said it wasn't pleasant to say what he had to say, but he was being honest and speaking on behalf of many residents because it was not the type of thing they would expect to see on Highway 111. He said when utility boxes are turned from art to education with information, and one had to stop to read them, it was getting away from the original program, which he initially voted against. Mayor Spiegel agreed that the designs didn't need to have any writings on them. Mayor Pro Tem Finerty moved to deny the recommendations. Motion was seconded by Ferguson and carried by a 4-1 vote, with Benson voting NO. D. REQUEST FOR AUTHORIZATION TO PURCHASE TRAFFIC SIGNAL CONTROLLER EQUIPMENT FROM ECONOLITE CONTROL PRODUCTS, INC. Councilman Ferguson moved to, by Minute Motion, authorize the purchase of traffic signal controller equipment from Econolite Control Products, Inc., Anaheim, California, in the amount of $50,362.13 — funds are available in Account No. 110-4250-433-3325 - Traffic Signal Maintenance (General Fund). Motion was seconded by Finerty and carried by a 5-0 vote. XV. CONTINUED BUSINESS None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH SUNRISE DESERT PARTNERS FOR STREET IMPROVEMENTS ASSOCIATED WITH THE TOSCANA COUNTRY CLUB DEVELOPMENT (CONTRACT NO. C18171). Mayor Pro Tem Finerty stated this item had already been discussed, and it was prepared at the request of the City Council. Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Approve an amendment to Reimbursement Agreement with Sunrise Desert Partners, requiring interest on the loan be brought current through March 31, 2009, and extending payment of the principal for a period of two years at an interest rate of 6 percent per annum; 2) authorize the Mayor to execute said Amendment. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE; AUTHORIZE ADVERTISEMENT FOR BID; AND AWARD SCULPTURE CONTRACT FOR THE MONTEREY AVENUE/DINAH SHORE DRIVE MEDIAN SCULPTURE AND LANDSCAPE IMPROVEMENTS PROJECT (PROJECT NO. 937-06). Mr. Greenwood stated this project had been before the Council several times in the past and most recently the Council gave approval to the conceptual art work in order to finalize the scope and design of the project. Since that time, staff received final authorization for the Federal Grant to proceed with bidding. He said the grant was for $567,000, but in order to secure those funds, the City was required to build a project of approximately $1.2 million in value. However, because the City was experiencing significant savings in its contracts, staff was submitting a change in recommendation from what was presented to Council, and instead requesting to secure the Council's authorization to go out to bid to determine the actual cost of the project. After determining the actual cost and what City funds would be in the project, the Council can then decide to proceed at that time. Councilman Ferguson stated he wanted staff to be clear that it was requesting authorization from Council to go out to bid, knowing full well that it may get a 5-0 vote against the project when it came back. Mr. Greenwood responded he understood that based on how much City money ultimately was in the project, Council reserved the right to vote against it. Councilman Ferguson clarified that Council reserved the right to vote against the project based on any City funds. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 Councilmember Benson asked if there was a time limit on the use of the Federal money. Mr. Greenwood replied the project needed to be awarded by June 30. He said staff would proceed immediately to get the project out to bid and return to Council the first meeting in May. Mayor Pro Tem Finerty noted that page 3 of 5 indicated the award of contract needed to be awarded prior to June 11. She went on to say that if the bid came in at $800,000 and the City needed to match it with perhaps $400,000, that it would be okay. In other words, it wasn't like the City needed to spend $1.2 million. Councilman Kelly asked if $567,000 part of the $1.2 million. Mr. Greenwood replied that it was. He said the requirement for the grant was that the City needed to make a good faith effort to match the money as it proposed when it applied for the grant, which it has. He said Caltrans already approved the plan and agreed that this was a project that had a value of $1.2 million. On the other hand, the City was getting great value on its bids, and he believed it will cost less. Councilman Ferguson asked if there was a chance that this work would be taken out when constructing the Monterey overpass. Mr. Greenwood responded this work was between the railroad tracks and Dinah Shore on the south side of the freeway, and all of the work on the Monterey Interchange was on the north side of the freeway. Mayor Pro Tem Finerty stated that the estimated cost was $1.2 million, the grant was for $567,000, and the cost to the City would be about $700,000. Mr. Greenwood agreed based on the original estimate. Mayor Pro Tem Finerty moved to, by Minute Motion authorize Advertisement for Bid for the Monterey Avenue/Dinah Shore Drive Median Sculpture and Landscape Improvements (Contract No. C28440A). Motion died for a lack of second. Councilman Kelly stated the City needed to spend $1.2 million in order to get the $567,000. He had a problem with grants because it seemed more funds were spent than expected because of all the strings attached. He thought maybe the City would be better off without them and not have to deal with Sacramento or Washington, D.C. telling the City how to run its business. He was not comfortable doing anything with the grant. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 Councilmember Benson stated she thought the $567,000 was part of the $1.2 million. Councilman Kelly and Mayor Pro Tem Finerty confirmed that it was. Councilman Ferguson stated he agreed with Councilman Kelly. He said one might think that aesthetically it was a prudent thing to do to spend $1.2 million; however, the City was looking at cutting police officer positions, scaling back on road repairs, and taking care of the core essentials of the City. He personally liked driving down the road and seeing the Santa Rosa Mountains and the Valley. He didn't want to get into a debate on whether the government gave the City the money or not because it would still cost at least another half a million. He said even if the bids came in a little less, he would not put money into art at this point, he would rather put it into police, fire, and roads. Mayor Pro Tem Finerty clarified the art piece was $248,000, but the actual landscaping of the median was estimated at $1.2 million. She said perhaps staff would like direction. Responding to comment about the landscaping, Councilman Kelly said the concrete needed to be ripped out in order to put the art piece in and landscaping. He said more would be involved than the cost of art and landscaping. Councilman Ferguson moved to table the item indefinitely. Motion was seconded by Kelly. Mayor Pro Tem Finerty asked if Council intended to leave the median as is. Councilman Ferguson responded the Landscape Committee could take that up and return with a recommendation, but he didn't necessarily want to give further direction. Councilman Kelly stated there were several landscaping areas that were more important that needed to be addressed. Mayor Spiegel called for the vote, and the motion to table indefinitely carried on a 5-0 vote. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 C. UPDATED INFORMATION ADDRESSING RESIDENT CONCERNS REGARDING WATER RUNOFF FROM STONE EAGLE GOLF COURSE AND ACCEPTANCE OF STAFF RECOMMENDATIONS OF THE AUGUST 28, 2008, CONTINUED STAFF REPORT (Stone Eagle, Applicant). Councilman Ferguson noted he had a conflict of interest because he represented the adjoining property owner and under California Law he was required to leave the room. Councilman Ferguson left the Council Chamber. Mr. Greenwood stated the Stone Eagle Golf Course had been completed and in use for several years. After the completion of the Golf Course, a number of issues were brought forward by residents in the area. Many of those issues have been addressed adequately and were no longer on the table. The biggest issue that remained was the water runoff to the normally dried creeks. He presented a slide show of the creeks of photographs taken two days prior to this meeting. The surprise inspection gave Stone Eagle only several hours notice, and it provided staff with a good picture of exactly how the creeks were being maintained. There are a number of issues on how Stone Eagle can get access to the creeks; Stone Eagle needs to cross other people's property to perform maintenance activities to take care of the problems with the creeks. He said this matter had been before the Council a number of times, and in the past, staff recommended that the City accept the Golf Course as complete and release the associated bonds. In addition, staff was recommending authorization for implementation of a Maintenance Agreement that required Stone Eagle to maintain the creeks in a reasonable condition. The Maintenance Agreement is supported by a $50,000 bond that is provided by the developer. He noted the developer and a number of residents wished to speak to this matter. Mayor Spiegel noted this item was not a public hearing, but he did have requests from the audience to speak. MS. NANCY SCOTT read from a prepared statement, which was now on file with the City Clerk's Office. She said once again she was before the City Council for an existing problem that had plagued the community and the City of Palm Desert for more than four years. She said that while this was a new City Council meeting, the concerns with the Maintenance Agreement were the same and nothing had changed since the meeting of August 28, 2008. The wording on the Agreement was exactly the same, none of the issues that were of concern to her were addressed, and she wasn't invited to participate or give input to any changes. She said an attachment was included with her concerns in detail, but at this time, she would only give a summary: 1) The Bruce Creek pump had never worked, and there was no electricity. In addition, the retention basin sits for weeks at a time with standing water; 2) According to Mr. Rod Chamberlain with Coachella Valley Vector Control, mosquitoes proliferate every 10 days; mosquitoes breed in 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 standing water and vegetation. She said Vector Control began going up to Bruce Creek in 2007 at her request, and records attached to this statement showed that mosquitoes and black fly infestation existed; Vector Control went out every ten days to treat the problem. Mosquitoes were found in the ravine due to standing water and vegetation, and the insect infestation had been going on since the summer of 2005. Vector Control came to her aid after continuous stalling from Stone Eagle and the City of Palm Desert to get the mess cleaned up. She said the ravines were not maintained on a regular basis, and weather conditions changed daily, so inspecting monthly, especially during the hot months was not adequate. She asked what was the plan for continued maintenance on the whole ravine and not just the property, what plan did Stone Eagle have with Vector Control, and what chemicals would be used. It was brought to her attention that a chemical named Roundup was used, which was highly toxic to humans and animals. She said the chemical can leach into the soil and drain into the ravine through the irrigation water; it was interesting that Stone Eagle had no desire to recycle their own water. She asked what would be done to the debris to prevent a fire hazard. She said Mr. Chamberlain was adamant about prevention and maintenance. The affected properties would have to be maintained or Vector Control will do it and charge the property owner. She quoted from the Maintenance Agreement, Item 2.2.2 (ii): "owner shall have no obligation to perform any work on property other than the property." The property is stated in the Maintenance Agreement as Stone Eagle's property, which was above Bruce Creek and Ramon Creek. She said Bruce Creek was a direct result of Stone Eagle dumping one million plus gallons of water a day on the course, and the runoff from the wasted water empties into the ravine. The original Environmental Impact Report (EIR) dated July 22, 2002, stated that Bruce and Ramon Creek are ephemeral streams running only after significant rainfall. The County map illustrated these streams with a dotted line, which meant they were not continuous, but since the construction of the golf course, they've had water running down the ravine 365 days a year. Ramon Creek had a pump installed, which pumped water back onto the course, but only when it's working; Vector Control has found mosquitoes there as well. Her water bill showed she used 18,700 gallons a month, and it's always been the contention that all the water running down the ravine was a direct result of the neighborhood. There are eleven homes there, and if you multiplied their water usage based on her water bill, the neighborhood's water usage amounts to 205,700 gallons of water a month. She said the drainage had always remained underground until the golf course moved in. She asked the Council to vote no on acceptance of the Stone Eagle project until a realistic maintenance agreement was drafted with all parties being able to participate. She couldn't understand why the City of Palm Desert was not willing to enforce its original EIR report dated July 22, 2002, where former Planning Director Phil Drell expressed his own concerns about the irrigation runoff. She missed the Director's Meeting of January 17, 2008, due to a personal injury, but offered a prepared statement to Mr. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 Bartlett. However, the response from Mr. Hargreaves was that he was not interested in reading what she had to say, and she was not allowed in the meeting. She was surprised by Mr. Hargreaves response, since the point of the meeting was to gather input from concerned parties. The Milestones she believed Mr. Hargreaves was attempting to get across were the following: a) City would inspect site and find it satisfactory. She said photographs were subjective and questionable as to when they are taken. She said Stone Eagle's property, which was on higher grown was dry, but the water seeped into the ground and down the ravine into homeowners property. She said Stone Eagle had eight months to clean up the creeks. At the City Council Meeting of August 8, 2008, Council requested the clean up to happen in 90 days, and it didn't happen. She said without regular maintenance of the whole ravine, the growth will return with all the problems; b) Stone Eagle should make a reasonable effort to acquire adjoining property participation. However, nothing to her knowledge had been executed according to all the property owners on the ravine that she personally contacted. She believed Stone Eagle should be policed by the City, and the Maintenance Agreement should be with the City with a release of liability given to Stone Eagle staff to enter private property and maintain the ravine. She said that since the City allowed Stone Eagle to create this problem by not adhering to the EIR report, it should be responsible. It was her understanding the City already had Codes to enforce and address the problem, but instead chooses to require a maintenance agreement for this one particular problem; c) A statement from Vector Control was required that indicated there was no current or future mosquito breeding activity. However, Mr. Chamberlain's statement in his letter of October 6 was reflective of a snapshot in the winter time, but his letter did state, "without proper maintenance the creek will quickly re - vegetate and could become prime mosquito breeding habitat" She said Vector Control's interest in this ordeal was to keep Palm Desert free of mosquitoes. She noted that her prepared statement included Vector Control's service reports and her own snapshots of the ravine at different states of deterioration. In closing, she asked the Council to make the Maintenance Agreement work to address the problems and protect and preserve the beautiful City. She went on to say that most of the original concerned parties had retired leaving the problem to individuals who didn't have all the facts about the matter, but she would continue to fight this cause because it affected her home, her neighborhood, and her City. She said the Agreement only served Stone Eagle and did nothing for anyone else. She urged the Council to please vote no on this item. MR. TIM BARTLETT concurred with Ms. Scott's comments. He said he took a visit of the Canyon today, and he presented a few exhibits of what he found on his property; however, they probably weren't as alarming as the 12-foot tall cattails. He said one exhibit included Blue-green algae that grew on about a third of his property; it was foul smelling and full of biological life. He learned about its potential to produce the worst carcinogenic compounds 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 known to man. Although he didn't know which type of algae he had, he thought he shouldn't have any on his property at all. He appreciated the surprise visit to the creeks by City staff, yet in just two days since the photos were taken, he found empty soda cans, cigarette butts, golf balls, etc., and a dried up version of blue -algae, which he believed was more toxic. He said he tried to scare the Council at the last meeting with the mosquito issue because it was a real issue. He said this area was considered an avian stop -off point for most of the western states at the Salton Sea; they bring insect and diseases with them and that's always transferred to insects, and insects tend to like the human race. He said if the mosquitoes and algae didn't scare the Council, there wasn't much else he could say. When he bought his property, he though he would retire there because he spent a lot of time planning and developing it, but now one-third of his property was a swamp. He went on to say the Maintenance Agreement was a joke because it didn't provide for the proper things needed. He said the City currently had laws in place that, if enforced, would solve the problem. It was his opinion that if the Council signed the Maintenance Agreement, the City would be removing some of its rights to enforce the law, which was a big mistake. MR. PETER SCHEER stated he agreed with what was said by Ms. Scott and Mr. Bartlett. He said the water itself did not cause him any problems, but what did cause concern was that the maintenance crew left more than what they came with; he said the Canyon was no longer pristine. He said the Maintenance Agreement needed to address his concern that crew workers leave nothing behind and treat the area like a national park. MR. BRIAN HARNIK noted that a letter was submitted to the City Council the previous day on behalf of MAJAC Ltd, and he had one additional point to add. He said the paved road ended by MAJAC's property, which was a dirt road that went up to the restaurant. He asked the Council to not deem the project complete until they could review the matter relating to the emergency access, because right now vehicles would have to go on a dirt road, which he didn't think was appropriate for emergency vehicles. MR. TED LENNON, President of Stoney Development stated there were three different issues they were trying to get released. He said three bonds were up, one of which was for grading of the golf course, which was completed three'/2 years ago and didn't have anything to do with the creeks, and the second one was grading for a residential complex, which was completed some time ago. The bonds totaled to more than half a million dollars, and they don't relate to the agreement but have been held up for more than three years. In addition, Stone Eagle was obligated to post a $50,000 bond, which they did four or five months ago on the re -submittal of the Maintenance Agreement. He felt they made a good attempt to work with the neighbors, but obviously that wasn't being reflected this evening. They agreed to toxic analysis from Cal Davis and have allowed biologists to walk 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 the creeks for their opinion on the matter. He had also walked the creeks with Fish & Game who thought it was a lively and terrific environment. He believed they have channeled the water appropriately. Responding to comments made, he said the water pump that Ms. Scott mentioned worked well, but the pump on Bruce Creek had not been needed because there had been no water running off the golf course for the past one % years. He said the work that Vector Control did, along with the guidance of City staff, had curbed the mosquito issue quite well. He wasn't a chemical expert, but he didn't think that Round up was toxic. He believed the trash problem was caused by the derelicts living in the Canyons who occasionally build fires near the caves and left empty cans and so forth. He said the Maintenance Agreement required that they go through the Canyon once a week from top to bottom; he said the Canyon was long and difficult to climb because of the water falls. He said the City then reinspected their work on a quarterly basis, which Stoney Eagle paid for. Initially there were many EIR issues, which have been set aside as not true and a couple of dirt road issues have been solved. Two years ago a committee or directorship was formed to resolve this issue, with the City Attorney's office facilitating the committee; Attorney Bob Hargreaves headed the committee and held three or four meetings to move forward to this point. He believed the Maintenance Agreement was a good one because it had City staff input, and they were prepared to sign it. He said they had been maintaining the creeks at a high expense for some time now without a Maintenance Agreement. He said the retention basin at the top of their property had a pump set ready to go, but it's been dry 99% of the time. He said Ms. Nancy Scott did not live on the street or have property on the street to his knowledge, and she probably was not a Palm Desert resident, unless she was a resident of the County. He said half way down the creek, in the area referred to as the "Y section," were overgrown basic plants from the daily water coming down from the Cahuilla Hills. He reiterated they were prepared to sign the Maintenance Agreement, and to abide by it, they have put up a bond, which required annual toxic testing. He said past tests had come out well. He hoped the Council agreed with him so that they could move forward with this matter. Mayor Spiegel asked if the Bruce Creek pump worked. MR. LENNON responded there are two pumps involved; Bruce Creek has a pump at the top of the hill. Initially there was runoff from the golf course that was captured and pumped back into the golf course. Now that the surface was dry, the pump was not hooked up, except for when it rained or needed. Additionally, there is a pump on the other side that actually caught the water and pumped it back up 1,500 feet to the top of the hill. Originally they had some water problems that broke the plastic pipe, but they went back to put all -steel pipes in, so there was currently no problem with the pumps. Responding to question about access to Mr. Harnik's property, he said five acres originally was part of Sabby Jonathon property, and they have an 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 easement over that property. When the easement was made by the prior owners, an agreement was made that the property would have access over the bridge for up to three houses on that property, and there was another letter that indicated that if the other homeowners agreed to put only one house on each lot, they could have access as well; they also had the right to tie into whatever utilities if available. Originally there was going to be homes built to the top, but that was stopped. The other issues addressed in the letter, which pertained to this matter were the hiking trails that the City built. He said Stoney Eagle provided land for the hiking trail, but the City allocated it. Further responding, he said the trail went up the project, the County, over behind Bighorn, and back down. He said since it's been graded, part of the trail was wiped out, but that wasn't a big issue. It's been indicated that the trail could not go on their public easement. The only other issue was the dirt road concept, but they used the public easement to go into the property or for emergency vehicles, but they have not paved it. He said they would be happy to pave the road, but it's been indicated that the public easement couldn't be used, which was a current dispute between them. Mr. Greenwood clarified that the Maintenance Agreement was modified slightly, but he inadvertently attached the wrong copy in the packet. He said there were two minor technical changes made to the Agreement, which he was willing to display. One was clarifying that Stone Eagle can and should indemnify private property owners when it entered a private property to do the clean up resulting from water. In addition, the Agreement defined what the work entailed. Responding to question, he confirmed there was more than one bond outstanding that are related to the golf course and residential construction, and a new bond was added relating to the Maintenance Agreement. MS. SCOTT responding to comment about her place of residence, stated she lived nearby where she could see the ravine, but it didn't really matter where she lived because it wasn't just about her neighborhood because mosquitoes can spread out up to 15 miles. She had a problem with the Maintenance Agreement as it related to the maintenance of the creeks. She said on page three of the Maintenance Agreement, it indicated Stone Eagle will conduct weekly inspections of the retention basin pump and pumps located on Bruce and Ramon Creek. She said there was no electricity to the pump on Bruce Creek, and its been full of water. She said Stone Eagle used a gas generator that ran 24/7 to drain the water, and she had to call the City's Code Enforcement to have them turn it off, because it reverberated throughout the whole area. In addition, the Maintenance Agreement referred to Stone Eagle as the property, and it was only responsible for keeping their area clean, but the ravine ran for one mile. She said if Stone Eagle was responsible for cleaning up the mess, it should be made clear that they need to clean up the whole ravine. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 Councilman Kelly stated he understood there would be a new Maintenance Agreement that the City would oversee, which would be a continuation of what the City was currently doing, except that it would release some of the bonds for completion of the work. Mr. Greenwood concurred. However, the new bond was absolutely tied to the work in the creek, which would address the problem discussed this evening. Responding to comment about the Maintenance Agreement not being realistic, he said the Agreement was clear and it was drafted by a number of attorneys, and it took some time to understand, but he felt it left no doubt about who was responsible. Councilman Kelly stated that if the Agreement was clear, and the City continued to have oversight with regular inspections, he didn't know what else could be done. Mayor Pro Tenn Finerty suggested releasing the bonds that were unrelated and enforce the Maintenance Agreement. She said inspecting the creek weekly with the City following up quarterly was a good thing. She had requested to have independent opinion, and Vector Control and staff went out there and she read their reports. In October it was still quite warm and there could have been mosquitoes if things were as indicated. She believed the City had an Agreement in place, and if there was a need to amend it or take further action, the City had the opportunity to do so. Mr. Rod Chamberlain stated he found no mosquito breeding during his inspection and was extremely pleased with the condition of the creek and the removable of the problematic vegetation, because he had inspected the creek on September 2. She felt Stone Eagle was responsive, but if there were continuing problems, she was certain residents would return to the City, and additional action can be taken as needed. Councilmember Benson stated she was unclear ans to who conducted the inspections. Mr. Greenwood responded that Stone Eagle was required to conduct weekly inspections to monitor the creek and required to clean up monthly. The City then followed up with its own inspection quarterly to verify that Stone Eagle was cleaning up as required. Responding to question, he said over the course of several years City staff had performed a number of inspections, and Stone Eagle had been very good about cleaning up, but sometimes they've been less, but they have responded to the City's request and staff anticipated that it would continue. Councilmember Benson was concerned about the quarterly inspections, thinking that was too much time in between. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 Mr. Greenwood replied it took time for some of the plants to grow and not much would change in a month; however, it could be done if that was the Council's desire. Further responding, he said if City inspections were done monthly, Stone Eagle would carry the cost. Councilmember Benson suggested monthly inspections for at least a year, which she thought was reasonable. Mayor Spiegel agreed and thought it should be part of the motion because the City was holding up bonds that had no relation to this matter, which he thought should be released. Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Release bonds that are unrelated to the Bruce Creek and maintenance issue; 2) require $50,000 bond remain in place; 3) with regard to the Maintenance Agreement, Stone Eagle's crew performing weekly inspections and City staff following up on a monthly basis for one year, to be revisited at that time. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION ACTION, DENYING A REQUEST FORA VARIANCE FOR AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION 25.68 - SIGNS, TO PERMIT A THIRD MONUMENT SIGN FOR CARL'S JR. IN THE UNIVERSITY VILLAGE CENTER LOCATED AT 36-879 COOK STREET Case No. VAR 08-304 (National Sign and Marketing/The Evans Company, Applicants/Appellants) (Continued from the meetings of December 11, 2008, February 12, February 26, and March 12, 2009). Principal Planner Tony Bagato stated the Applicant was requesting a 30-day continuance because the design of the sign was still being worked on. Mayor Spiegel declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. No public testimony was offered, and he left the public hearing open. Councilman Ferguson moved to, by Minute Motion, continue this matter to May 7, 2009. Motion was seconded by Kelly and carried by a 5-0 vote. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 B. REQUEST FOR APPROVAL OF A CHANGE OF ZONE, TENTATIVE PARCEL MAP, AND PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF 144 AFFORDABLE HOUSING UNITS WITH AMENITIES; APPROVAL TO EXCEED THE 24-FOOT HEIGHT LIMIT AND CONSTRUCT 21% OF THE TOTAL PROPOSED TWO-STORY, MULTI- FAMILY RESIDENTIAL BUILDINGS UP TO A MAXIMUM HEIGHT OF 29 FEET - 5 INCHES; AND APPROVAL OF A DRAFT HOUSING AGREEMENT BETWEEN THE CITY OF PALM DESERT AND URBAN HOUSING COMMUNITIES, LLC — PROPOSED PROJECT TO BE LOCATED ON THE SOUTH SIDE OF 35TH AVENUE BETWEEN GATEWAY DRIVE AND CORTESIA WAY (APN 694-130-005) Case Nos. C/Z-PP 08-191 and TPM 36000 (John Bigley, Mark Irving, Urban Housing Communities, LLC, Applicant/Property Owner). Associate Planner Renee Schrader presented the project and stated the site was adjacent to Monterey Avenue and the commercial corridor. The project was across from residential and industrial uses, and abutting on the south side was a proposed K-8 school. The request is for a Change of Zone (CZ); the existing zone is currently a Planned Community Development (PCD) to a Planned Residential-14 (PR-14) Zone. She noted a PR-13 Zone was directly across the street. Approval of a Change of Zone would require a Tentative Parcel Map (TPM), and the 11.82-acre site would be subdivided into two parcels. Lot 2, the larger parcel would contain ten buildings and a recreational facility, and Lot 1, a smaller parcel is the future site of a childcare facility. The TPM leads to the Precise Plan (PP) application, which included ten buildings. The rectangular design of the buildings are arranged along 35th Avenue and Gateway Drive. She said the current rendering illustrated the hardscape, building footprints, and the concept for the landscape, recreation room, pool, and retention basins located on the east side, east corner. The main entrance is on the north side, and the secondary egress is on the west side, which is also an emergency access. She said the analysis of the project of the open -space requirement was met by subtracting a building, footprints, hardscape, roads, recreation area, and slope areas, which left 40% of open space. The proposed project included a request for a height exception to raise the roof. The current height limit for a multi -family resident is 25-feet, and the two 8-piex buildings raised the limit from 24' to 26'7", and the 16 plex-buildings roof heights ranged from 24' to 29'; both illustrations represent 21 % of the entire roofline. She displayed and described key elements of the project and noted the recreation building conformed with the rest of the design, which was appropriate for the desert. Staff recommended approval of the proposed Ordinance, Resolution, and subject agreements. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 Mayor Spiegel stated he was told the height exception was a direction from the Architectural Review Commission (ARC). Ms. Schrader stated that in response to the horizontally of the building, the roof was raised to make it aesthetically pleasing. Further responding, she confirmed the developer's original design did not require a height exception, and the proposed design with the height exemption was actually a recommendation from the ARC. Mayor Spiegel declared the public hearing open and invited testimony from the Applicant. MR. JOHN BIGLEY, Urban Housing Communities, LLC, stated he and his two brothers privately owned the company, and they specialized in affordable housing. All of their developments were either mixed use or affordable housing, which they really enjoyed doing. They have developments throughout California; partner Morgan Stanley helped with their tax room equity and loan processing. He said getting to this point had taken two or three years. They explored sites that would be good for affordable housing that were close to places of business like the Super Walmart and Costco. The proposed site is close to a future school, which helped when doing after school programs. He said they worked with staff to develop a site plan for the area taking into account the issues with density and crafted it to what was in the surrounding area; he was happy with the plan they created. In the Coachella Valley they opened an affordable housing development in Indio, which was up for an award; it received good reviews and hoped to duplicate that in Palm Desert. With respect to the Architectural style, he liked what they had originally presented, but in going through the Planning and ARC, a different roof separation tone design was recommended. He said from an architectural stand point, he agreed the revision was an improvement; however, the revisions caused the design to go over the City's height requirement. He offered to take the height down if that was a big issue to the Council because he wanted the Council to be happy with the project. He hoped to get the project approved because the Federal Government was trying to deploy stimulus funds to shovel -ready products/project and perhaps they could return to the City with a program that qualified them to move ahead with the project. He offered to answer questions. Mayor Pro Tem Finerty stated the staff report dated December 16, 2008, indicated that if the Crossings project was approved, it would be 100% affordable, and today's staff report indicated 20% of the project would be affordable. MR. BIGLEY stated that if the project was 100% affordable, it would require a subsidy from the City; even 20% was difficult in today's market price. He 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 said the company needed to look at other sources of funding to help fill the subsidy needed. Mayor Pro Tem Finerty stated originally the Applicant had requested funding from the City, but that request was withdrawn. She commented that the entire package at this point was unknown. MR. BIGLEY responded the project will be mixed income or an alternative program to be determined at a later date when they had a better understanding of when funds might be available. Further responding, he said they would ask the City for additional monies if needed. He said the issue was that they were trying to have this project ready in the event that the Federal Government released stimulus monies. He agreed the Government had put out a lot of money, but they hadn't put out the guidelines. Mayor Spiegel invited anyone wishing to address the City Council on this matter to come forward at this time. With no testimony offered, he declared the public hearing closed. Mayor Pro Tem Finerty stated she was reluctant to move forward because the Council knew the Applicant would be requesting money from the City. The Council knew the Applicant wanted money when it went to Planning, and the project was going to be 100% affordable if the City gave them money. However, now that they have withdrawn the request, it will only be 20% affordable, yet the density was at 14 units per acre. She said the City needed to meet Regional Housing Needs Assessment(RHNA) numbers, and if the City was going to allow high density, it was her opinion that the project needed to be 100% affordable. She preferred the Applicant return with the entire package when all the factors were known. Councilman Ferguson felt the project was half-baked, because the Applicant had a concept that was not fully distilled. In addition, he doubted the City Attorney had a chance to review the housing agreement, and the Applicant didn't know if he would receive stimulus money; he noted the City was trying to obtain its own stimulus money. Philosophically he was opposed to changing the City's General Plan within five years. He said the County placed a moratorium of five years, and he was not anxious to overturn it. He said the City approved four high -density developments in a row, and in this market, three of the four were not being built, so he was not enthusiastic about tying up more land and changing the zone. The City had the RHNA numbers balanced with this project set aside, so it didn't sit well with him to also do a Change of Zone. He said the Applicant had eight requirements that needed to be met before considering high density, none of which were included in the project, which might have been lack of clarity from staff. He said the project needed to include open space, art, bike paths, bus transportation, schools, solar panels or alternative energy, and drought 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 tolerant landscaping, of which none were presented. He said there was no analysis or threshold that justified going above the medium -density designation. He said the Applicant needed to return when he had stimulus funds, affordability numbers, and a better handled on what the Council was looking for, at which point he would be happy to look at the project, but not this evening. Councilman Kelly stated he agreed that everything approved in the north sphere was high density and it needed balance. Additionally, the City needed to create a corridor; the corridor that's been developed the best was in the north side with the bike path. If the City could get Sunline to create a bus route along the whole north side, it would make more sense if the City placed affordable housing or higher density that it could be kept where there was public transit, bicycle and golf cart access along the entire north side where it would reach the University, Freedom Park, and all the other commercial areas. He was concerned about all the high density in the north sphere, and stated that Palm Desert had more than its share in apartments. He felt other cities needed to step up to provide more apartments and affordable housing, especially from the private sector. He said it was unfair for the City of Palm Desert to furnish all the affordable housing in the Coachella Valley. He said Palm Desert was inundated with apartments, and it needed to have a better balance between single-family residents and multi -family residents. He didn't want to see Palm Desert go down the same road as other cities. Councilmember Benson congratulated the Applicant for including a childcare facility, which was a good move. When the City revised the General Plan, it was the vision to have apartments near the commercial corridor, but it bothered her that originally the Applicant came in with the intent to ask for money. Secondly, the Applicant stated they were not asking for money now, but "now" meant "yes, we will be back." She said the City didn't have money to be putting into these types of program until those projects already approved were finished and occupied. She said this project needed to be put on hold until the whole package was brought back or the economy improved. Mayor Spiegel agreed. He said the Applicant's original intent was to ask for a large dollar amount in assistance, and now it was unknown what exactly would be requested from the City. He said it was difficult for him to vote for something that was uncertain. Ms. Aylaian stated staff did conduct an analysis of the General Plan for the Overlay Density, and they had done a lot of the homework, but obviously staff didn't do a good job of putting it into the staff report for the Council to be able to find, and she apologized for that. She requested this item be continued to a date uncertain. She heard what the Council's concerns were with the project, and she would like to work with the Applicant to see if there 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 was something that could be done that would make the project more in line with what the Council was asking for. Councilman Ferguson stated that either staff had a lot of hidden information, or the Applicant had a lot of work to do. Ms. Aylaian responded that a fair amount of information was included in the staff report, but she also believed that what the City had been looking at for a couple of years had changed rapidly over the last four to six months on the basis of the City's budget and what the projected revenue was for affordable housing. She said staff did not respond quickly enough with this project to reflect what the City was looking for, and staff probably needed to go back to reduce the density and make it a smaller project. Mayor Spiegel asked what would be the harm in denying the project this evening with the ability to come back at a later time. Ms. Aylaian stated that if the project was denied, it couldn't return with a similar project for a period of one year. She added that if the project were to be approved, it would place the project in a better standing for being awarded other monies. Mayor Pro Tem Finerty moved to, by Minute Motion, direct staff to prepare a Resolution of Denial. Motion was seconded by Ferguson. Mayor Spiegel stated that staff was recommending a continuance to give the Applicant the ability to return to Council. NO. Councilman Ferguson stated he thought it was staff asking for a continuance for themselves to come back. Mayor Pro Tem Finerty said it was the same staff that was requesting an additional four or five feet in height. Mayor Spiegel disagreed, he said it was the Architectural Review Commission and not staff that made that request. Mayor Spiegel called for the vote, and it carried on a 4-1 vote, with Spiegel voting 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: None o City Council Comments: 1. CNG Ambulance — Councilman Ferguson said today he'd received an update on the City's request for a Compressed Natural Gas (CNG) Ambulance. After being told that it didn't exist, he related that it was found that they do exist, and staff anticipated coming to the Council n May with the very first CNG Ambulance in California. Cost difference between a CNG version and a traditional ambulance was about $30,000, which he felt would be a good investment. 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009 2. Palm Desert International Sports Festival. — Mayor Spiegel noted that there were 1,137 people participating in this year's event in February, formerly known as the "Palm Desert Senior Games." He added that was 300 more people than participated last year, and plans were to hold it in April 2010, after the Bob Hope Golf Tournament, Indian Wells Tennis Tournament, and the Kraft Nabisco Championship, which would be a much better month for the City. 3. Luncheon for Former Citv Manager Carlos Ortega — On behalf of the Palm Desert Rotary Club, Councilman Kelly thanked everyone who participated in the luncheon for Mr. Ortega yesterday. He felt the City and Rotary Club had a terrific collaboration, and he congratulated all City staff who worked on the very successful event. He said the Rotary Club was able to raise enough money for a perpetual Carlos & Rose Mary Ortega Scholarship Fund. XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 5:40 p.m. ATTEST: RAC EL D. KLAS`SEN, ITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBER ' SPIEGEL, MAYOR 34