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HomeMy WebLinkAboutPrelim Minutes - City 07/14/2005PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 14, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Crites convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean. M. Benson Mayor Pro Tern Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Robert P. Kohn, Director of Special Programs Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF Craig Kilday, Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Upon a motion by Ferguson, second by Benson, and 5-0 vote of the City Council, the following matters were added to the Agenda for Closed Session consideration: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of additional potential cases: 2 Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title of Position: City Manager Upon a motion by Spiegel, second by Benson, and 5-0 vote of the City Council, Mayor Crites adjourned the meeting to Closed Session at 3:03 p.m. He reconvened the meeting at 4:00 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None (See Redevelopment Agency Agenda Item IX.) VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 23, 2005, and of the Special City Council Meeting of July 7, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 260, 264, and 265. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#551) by Shawn Kunkel in the Amountof $120. Removed for separate consideration under Section VI I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 D. CLAIM AGAINST THE CITY W5521 by Trisha Jeffery in the Amount of $1,057.98. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. CLAIM AGAINST THE CITY (#553) by Leland Berliner in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. F. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for the Month Ending May 2005 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. G. REQUEST FOR APPROVAL of Firms to be Included in the Investment Banking Pool for the City of Palm Desert and the Palm Desert Redevelopment Agency (Joint Consideration with the Palm Desert Redevelopment Agency and the Palm Desert Financing Authority). Rec: By Minute Motion, approve the recommended firms, as listed on the accompanying staff report, to be included in the Investment Banking Pool for the City and the Redevelopment Agency bond issuance. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Li Yinong for Phoenix Inn, 72-655 Highway 111, #66, Palm Desert. Rec: Receive and file. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Armando's Bar & Grill, 73-260 El Paseo, #1A, Palm Desert. Rec: Receive and file. J. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of May 18, 2005. 2. Investment & Finance Committee Meeting of May 25, 2005. 3. Marketing Committee Meeting of May 17, 2005. 4. Sister Cities Committee Meeting of May 19, 2005. Rec: Receive and file. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 K. LETTER OF RESIGNATION from Erika McQuillen — Youth Committee. Rec: Receive with very sincere regret. L. RESIGNATION of Thomas Wormley from the Investment & Finance Committee. Removed for separate consideration under Section VI I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. M. REQUEST FOR RATIFICATION of City Manager's Authorization to Amend Contract No. C23110 — Engineering Services for Highway 111 Sidewalk Improvements (Project No. 697-05). Rec: By Minute Motion: 1) Ratify the City Manager's authorization of an amendment in the amount of $8,250 to the subject contract with Omnis Inc., Chino Hills, California, for design and engineering services for additional sidewalk improvements on Highway 111; 2) approve a 10% contingency for the additional work in the amount of $862.50. N. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C23620 — Landscape Maintenance Services — Consolidated Landscape Maintenance Area No. 3. Rec: By Minute Motion: 1) Allocate $8,448 from the Park Maintenance Account No. 110-4611-453-3320; 2) approve Change Order No. 1 in the amount of $704/month for 12 months to the subject contract with Steven Burt & Associates, Inc., Bermuda Dunes, California, for landscape maintenance services at Palma Village Park. O. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23640 — Parking Lot Seal Coat Program (Project No. 750-05) (S-2 Sealing and Striping, 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. 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 P. REQUEST FOR APPROVAL of Final Parcel Map No. 32315 (Fountainhead Shrugged, Applicant). Rec: Waive further reading and adopt Resolution No. 05-58, approving Parcel Map No. 32315. Q. REQUEST FOR APPROVAL for Final Parcel Map No. 32930 (Malcolm Riley, Storage Depot 3, Applicant). Removed for separate consideration under Section VI I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. R. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract Map 30801 (College View Estates III, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. S. REQUEST FOR APPROVAL of Providing Solar Panels to the Energy Coalition's Major Residential Tune-up Program in Palm Desert. Rec: By Minute Motion, approve of providing 20, 50-watt Siemens Solar Panels from those in storage to the Energy Coalition for use in the residential major home tune-up in Palm Desert. T. CONSIDERATION of Action by the Legislative Review Committee — AB 805 (Chu) — Occupational Safety and Health. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its Meeting of June 28, 2005, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 805. U. CONSIDERATION of Action bythe Legislative Review Committee —AB 1051 (Benoit) — Pocket Bikes. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its Meeting of June 28, 2005, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1051. 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 V. INFORMATIONAL ITEMS: Update on Manor Care Parking on Country Club Drive. Removed for separate consideration under Section VII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Mayor Crites noted that Item C should be removed for separate action under Section VII, Consent Items Held Over. Councilman Kelly removed Item L, Councilmember Benson removed Item V, and Mrs. Klassen removed Item Q, all for separate consideration. Upon motion by Ferguson, second by Spiegel, the remainder of the Consent Calendar was approved as presented by a 5-0 vote. VII. CONSENT ITEMS HELD OVER C. CLAIM AGAINST THE CITY W551) by Shawn Kunkel in the Amount of $120. Mayor Pro Tern Ferguson moved to, by Minute Motion, approve payment of the Claim in the amount requested. Motion was seconded by Kelly and carried by a 5-0 vote. L. RESIGNATION of Thomas Wormley from the Investment & Finance Committee. Councilman Kelly reminded the Council that when interviews were held for vacancies on various City committees and commissions, an applicant was selected for possible future appointment to the Investment & Finance Committee. He suggested that be done at this meeting. Please see Section XIV, Reports and Remarks, Section E, for this appointment. Councilman Kelly moved to receive the resignation of Thomas Wormley from the Investment & Finance Committee with sincere regret. Motion was seconded by Spiegel and carried by a 5-0 vote. Q. REQUEST FOR APPROVAL for Final Parcel Map No. 32930 (Malcolm Riley, Storage Depot 3, Applicant). Mrs. Klassen noted that a member of the audience had requested an opportunity to speak relative to this matter. MR. MALCOLM RILEY noted that he did not wish to speak regarding this matter and had a question about some of the fees on the building he was going to construct. He said it had nothing to do with the parcel map. N. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Mayor Crites responded that these comments could be made later in the meeting under Oral Communications. Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-59, approving Parcel Map No. 32930. Motion was seconded by Ferguson and carried by a 5-0 vote. V. INFORMATIONAL ITEMS: Update on Manor Care Parking on Country Club Drive. Councilmember Benson stated that the last time this issue came up, Manor Care indicated that adding Occupational Therapy to the facility increased the parking, but now they are saying it did not increase. She said she felt it was important that Manor Care not continue to rely on Country Club Drive for its parking and that parking is taken off of that street as soon as possible. Mayor Crites said the last time he was at Manor Care, there were seven or eight cars parked in red zones. There were six cars parked on the grass in various places, and there were two or three parked behind other vehicles. He said he was convinced it would have been impossible for the Fire Department or any other emergency vehicles to access that facility. He felt it would be a mistake to remove the parking from Country Club Drive before Manor Care irons out the parking situation. He said he would like to direct staff to place a high priority on either fixing this or else looking at what the City's obligations are under Manor Care's permit for occupancy, etc., because this is an unsafe situation. MR. DON CLARY, representing Manor Care, said they had requested that this matter be taken off calendar at this time because of actions they have been taking to alleviate the problems on Country Club Drive. He noted the letter dated July 12, 2005, indicating they had just recently filed a new site plan to add 31 new parking spaces. In addition, they were finalizing arrangements with the Palm Desert Oasis Church down the street in order to obtain more spaces. Manor Care employees had also been instructed to park off the street. He said they had been talking to the Planning staff to make sure they are aware of those efforts, and he asked that this report be removed from the Agenda at this time. Councilmember Benson said she would like to see a time limit on these mitigation measures, and she felt the City had been more than reasonable over the years in trying to get the problems resolved. 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Mayor Crites suggested that this matter be continued to the next City Council meeting of August 25, 2005, at which time Council would be able to see what progress had been made by the facility in rectifying these issues. Councilman Spiegel stated that one side of Country Club Drive is currently red -curbed, and the other side (where Manor Care is located) will have a bicycle lane in the near future; therefore, there will be no parking allowed on the street in that area. He suggested that staff look at installing "No Parking" signs and ask the Police Department to provide enforcement. Councilman Spiegel moved to continue this matter to the meeting of August 25, 2005. Motion was seconded by Ferguson and carried by a 5-0 vote. VIII. RESOLUTIONS A. RESOLUTION NO. 05-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A CHANGE OF ZONE FROM PR-7 TO PC-2 FOR 3.22 ACRES; A PRECISE PLAN OF DESIGN, TENTATIVE TRACT MAP, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A MIXED USE RESIDENTIAL (33 SINGLE-FAMILY LOTS) AND COMMERCIAL (30,550 SQUARE FEET) NEIGHBORHOOD COMMERCIAL CENTER PROJECT ON 8.63 ACRES AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE, 73-100 COUNTRY CLUB DRIVE Case Nos. C/Z 04-06, PP 04-32, and TT 33120 (Robert Mayer Corp. c/o Larry Brose, Applicant). Councilman Kelly moved to waive further reading and adopt Resolution No. 05-60. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Mayor Pro Tern Ferguson ABSTAINING. B. RESOLUTION NO. 05-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) AND THE CALIFORNIA TRANSPORTATION COMMISSION (CTC) INITIATE ACTIONS TO RELINQUISH ROUTE 111 AND ROUTE 74 TO THE CITY OF PALM DESERT WITHIN ITS CITY LIMITS. Mr. Ortega stated he had received telephone call from Senator Battin, who indicated he would include the Cities of Palm Desert and Indian Wells in the same request if there were no objections. F PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Mayor Crites asked that Mr. Ortega extend the Council's appreciation to Senator Battin. Mayor Pro Tern Ferguson moved to waive further reading and adopt Resolution No. 05-61. Motion was seconded by Kelly and carried by a 5-0 vote. Councilmember Benson asked when it would be appropriate to look at her previous suggestion to rename Highway 74 as "Monterey". Mayor Crites responded that staff could be asked to look at that item and bring back a reportwith pros and cons. Mr. Greenwood said he would do so. IX. ORDINANCES For Introduction: Following Public Hearing C, Councilman Kelly moved to add the following Ordinance to the Agenda. Motion was seconded by Spiegel and carried by a 5-0 vote. INTRODUCTION OF ORDINANCE NO. 1097 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE, WITH CERTAIN AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS, AND CONDITIONS SET FORTH IN CALIFORNIA ELECTRICAL CODE; THE MOST RECENT ADOPTED EDITIONS, AND ALL FUTURE EDITIONS AS ADOPTED AND AMENDED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION. Mr. Hamidzadeh noted that Page 3, Section 5, "Article 100 Definitions," should be amended to reflect "International Code Council (ICC)" rather than "International Conference of Building Officials." Councilman Kelly moved to waive further reading and pass Ordinance No. 1097 to second reading, as amended on page 3, Section 5., "Article 100 Definitions," that the definition for Building Code be changed to say, "...promulgated by the International Code Council (ICC)...," instead of International Conference of Building Officials. Motion was seconded by Spiegel and carried by a 5-0 vote. E PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 For Adootion: A. ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 8 OF THE PALM DESERT MUNICIPAL CODE, ADDING CHAPTER 8.19 RELATIVE TO MANDATORY AUTOMATED COLLECTION OF SOLID WASTE, RECYCLING, AND GREENWASTE FOR ALL RESIDENTIAL UNITS WITHIN THE CITY OF PALM DESERT. Mr. Ortega noted that there had been no changes since first reading of this ordinance. Councilman Spiegel moved to waive further reading and adopt Ordinance No.1094. Motion was seconded by Benson and carried by a 5-0 vote. X. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO SOLICIT PROPOSALS AND TO APPROVE A CONTRACT FOR THE EMERGENCY REPAIR/REPLACEMENT WORK RELATING TO THE CIVIC CENTER PARK PLAYGROUND EQUIPMENT (CONTRACT NO. C24040). Councilman Spiegel moved to, by Minute Motion: 1) Authorize staff to request proposals for the repair/replacement of the Civic Center Park Playground and Equipment; 2) authorize the City Manager to approve a contract with the lowest responsive bidder in an amount not to exceed $130,000, plus a 10% contingency, for the emergency repair/replacement work related to the Civic Center Playground Equipment. Motion was seconded by Kelly and carried by a 5-0 vote. B. CONSIDERATION OF SCULPTURE DESERT SAILS BY MICHAEL WATLING FOR THE COUNTRY CLUB MARKETPLACE DEVELOPMENT AT 77-750 COUNTRY CLUB DRIVE (Country Club East, LLC, Applicant). Councilman Spiegel said this sculpture looked very similar to the one at the entrance to Palm Desert from the east. Public Arts Manager Richard Twedt stated that a comment had been made at the Art In Public Places Commission thatthis particular area of the City did not currently have any art pieces by Mr. Watling, and the Commission felt this would be a nice addition. 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Councilmember Benson moved to, by Minute Motion: 1) Approve the sculpture design; 2) authorize the reimbursement of Art In Public Places fees, not to exceed $16,659.98, once the sculpture is completed, installed, and approved by the Art In Public Places Commission. Motion was seconded by Crites and carried by a 4-1 vote, with Councilman Spiegel voting NO. C. CONSIDERATION OF PALM DESERT POLICE DEPARTMENT REQUEST FOR JUSTICE ASSISTANCE GRANT (JAG) FUNDING PROPOSAL FOR COMPUTER EQUIPMENT AND DIGITAL CAMERAS. Councilman Spiegel moved to, by Minute Motion, concur with the Palm Desert Police Department's proposal to accept approximately $18,248 in Edward Byrne Memorial - Justice Assistance Grant (JAG) Funds for 2005 to fund the purchase of the listed computer equipment and cameras. Motion was seconded by Kelly and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF GRANT FUNDING FOR PALM DESERT PRESBYTERIAN PRESCHOOL AND KINDERGARTEN FROM THE CITY'S CHILD CARE DEVELOPMENT FEES FUND 228 FOR PLAYGROUND AND FACILITY IMPROVEMENTS. Mr. Ortega noted that with regard to the Redevelopment Agency Board's previous approval of a lease agreement to purchase the Wallaroo Children's Center, the Board said staff should use some of these funds to reimburse the Agency for that. He said he had looked into that fund, and even if the Council acts on both this item and Item E below, there will still be funds remaining to start that reimbursement. Mayor Pro Tern Ferguson said the City Manager had asked the City Attorney to ascertain whether it was appropriate to use public funds on a parochial preschool. Mr. Erwin stated it was his opinion that it was legally possible for the City to do this, as it met the requirements as legal expenditure, even though it was on religious grounds. He said it was his understanding there was nothing in the program for this facility indicating religion will be taught. Councilmember Benson stated she had met with Jan Garrard, and religion will be taught for Sunday School, not during the preschool time. Mayor Crites asked whether the same facility would be used for both Sunday School and the preschool. MS. JAYME FAKEHANY, representing Presbyterian Preschool -Kindergarten Director Jan Garrard, stated that the Preschool would not normally be used 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 for Sunday School, although the Family Life Center, which was part of the Church, was used for Sunday School services. She noted that teachers had requested that their rooms not be used for Sunday School. Mayor Pro Tern Ferguson said he was made aware some time ago that teachers have to sign a Statement of Faith; he asked whether that was still the case, and Ms. Fakehany responded that it was. Mr. Erwin said he was not aware of that, and it might change his opinion. He said he would like the opportunity to look at this again, based upon the new information. Councilman Spiegel moved to continue this matter to the meeting of August 25, 2005. Motion was seconded by Ferguson and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF GRANT FUNDING FOR TOT STOP, INC., FROM THE CITY'S CHILD CARE DEVELOPMENT FEES FUND 228 FOR PLAYGROUND AND FACILITY IMPROVEMENTS. Councilman Spiegel moved to, by Minute Motion: 1) Approve a $39,000 grantto Tot Stop, Inc., for playground and facility upgrades; 2) appropriate $39,000 from the Child Care Mitigation Fund 228; 3) authorize the City Manager to execute the required agreement (Contract No. C24060). Councilman Kelly asked who was responsible for following through to make sure the money is spent the way it is prescribed. Mr. Alvarez said he was responsible for that. He said there was an agreement signed by the City Manager and the child care facility, and he was responsible for ensuring thatthe improvements are done perthat agreement. Councilmember Benson said she had also gone out to look at all of the things they requested, and she felt these were all legitimate needs for this organization. Councilmember Benson seconded the motion, and it carried by a 5-0 vote. 12 REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 F. REQUEST FOR AUTHORIZATION TO EXECUTE AGREEMENTS WITH RECOMMENDED CONSULTANTS FOR ON -CALL PROFESSIONAL PLAN CHECK SERVICES FOR PUBLIC WORKS. Councilman Kelly moved to, by Minute Motion, authorize the City Manager to execute agreements with recommended consultants for On -call Professional Plan Check Services for Public Works (Contract Nos. C24070A-Z). Motion was seconded by Spiegel and carried by a 5-0 vote. G. REQUEST FOR EXCEPTION TO OUTDOOR LIGHTING ORDINANCE TO ALLOW METAL HALIDE FIXTURES FOR WESTFIELD PARKING LOT AS PART OF EDISON ENERGY CONSERVATION PROGRAM. Director of Community Development Phil Drell reviewed the staff report and recommendation. He noted that the existing lights were 400 watt high pressure sodium rather than 450 watt as stated in the staff report, and the replacement bulbs would be reduced from 350 watt metal halide as proposed to 320 watt metal halide. He said the existing facility was considerably out of compliance with the City's current ordinance. The new lighting would bring the project into compliance and would also save electricity. Upon question by Mayor Crites, Mr. Drell responded that Desert Crossing used high pressure sodium, and the lighting level was below that of Westfield. Councilman Spiegel moved to, by Minute Motion, grant the exception and allow metal halide fixtures with reduced wattage and light levels, as proposed. Motion was seconded by Kelly and carried by a 5-0 vote. H. CONSIDERATION OF THE RESTRICTION OF LEFT TURNS FROM TUCSON CIRCLE TO NORTHBOUND WASHINGTON STREET. Mayor Crites noted that a number of letters had been received from individuals and were included in the public record as being received and read by the members of the City Council. He stated that almost all of those were opposed or wished to have a signal installed. City Engineer Mark Greenwood reviewed the staff report, noting that a traffic study indicated certain improvements were necessary, including a signal at the realigned Palm Royale Drive. He said Darby Street would no longer connect to Washington Street, and Palm Royale would be realigned to join Washington Street at the existing Mountain View. Installation of the traffic signal at Mountain View required construction of a median to channelize the left -turn traffic at the signal. The design of that left turn pocket extended right 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 to the edge of the Tucson Circle driveway. That driveway currently enjoyed full access, left turn in and out, with unprotected movements. His concern was that, in general, left turns across a six -lane road, particularly at 50 miles per hour, was inherently unsafe, and there was too much going on for the typical driver to track and be able to safely make that maneuver on a regular basis. He said it was the goal of the City to control these types of accesses and to provide and foster safe access, and the Capital Improvement Program had included for the past several years a project to address these unsignalized left turn accesses on Washington Street. Taking into account the City's General Plan, staffs concerns for safety, the speed of the intersection, and the improvements which necessarily have to be built for the school, staff recommended that the left turn egress from the site be restricted, still allowing left turns into the site. Mayor Pro Tern Ferguson asked whether installation of a signal at Mountain View and Washington would open Mountain View up for through traffic. Mr. Greenwood responded that it was not part of the proposal. Mayor Pro Tern Ferguson noted that Tucson Homes had a secondary, emergency, gated access which, if unbarricaded, would allow residents to access Mountain View and that signal. Mr. Greenwood responded that several residents of Tucson Homes did express a desire to open the emergency access for full use onto Robin Road, which would allow them to go to Warner Trail. He said he was not sure whether opening Mountain View would provide much benefit to Tucson Homes. Upon further question by Mayor Pro Tern Ferguson, he said "Latisha Lane", as shown on the map, was a paper street and did not exist. The following individuals spoke in favor of a traffic signal at Tucson Circle and Washington Street and in opposition to the restriction of left turns from Tucson Circle to northbound Washington, with notation that left turns are currently allowed across six lanes of traffic in other areas of the City: MR. MIKE LOCONTE spoke as an original homeowner and resident of Tucson Homes and in favor of a traffic signal at Tucson Circle and Washington Street, noting he had collected more than 70 names of licensed drivers who were residents of Tucson Homes and were also in favor of this signal. He felt he could possibly have obtained 40 to 50 additional signatures if it were not the middle of the summer. He also felt this new signal should be synchronized with the Palm Royale signal. MR. MATTHEW BULIENER (sp?) MR. PAUL WALLEND 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 MR. DENNIS OLIVER noted that since the Tucson Homes development was built in 1998, and according to the Sheriffs Department, there had not been one traffic collision from a homeowner making a left turn out of Tucson Homes; all the accidents had been caused from Darby Road, which will no longer be there. MS. JEAN PESOLA, 46 Maricopa Court, Tucson Homes. MS. ABBY MAY, 70 Tempe Trail, Tucson Homes. MR. DONALD BONTHRON, 68 Tempe Trail, Tucson Homes. Mr. Greenwood acknowledged that there are locations in the City where left turns are allowed across six lanes of traffic, including Fred Waring Drive from the Civic Center driveway; however, staff was actively working to reduce that number. He said staffs biggest concern with the Tucson Circle area was that, although this intersection had been lucky enough to have a very safe accident history so far, this was the kind of configuration (with the high speed street and high volumes of traffic) that if an accident does happen, it could be very serious. He did not agree that improvements, which did not include controlling the left turns, would make the intersection any more safe and would, in fact, make it less safe. He added that traffic volumes on Washington Street would go to 70,000 cars a day from the current 50,000. Mayor Pro Tern Ferguson asked whether the Darby Road alignment had been irrevocably cast in stone at this point. Mr. Greenwood responded that it was his understanding that the City of La Quinta had made that decision without the City of Palm Desert's knowledge. He said staff would much prefer the alignment of Darby to be at Tucson Homes driveway, which was shown on previous plans. Mayor Pro Tern Ferguson asked whether discussions had been held with the City of La Quinta about that issue. Mr. Greenwood responded that discussion had taken place, and it was the opinion of La Quinta staff that it was a done deal. Upon question by Councilman Spiegel, Mr. Greenwood responded that a signal would be at Palm Royale, which was realigned Darby. He added that Darby almost aligns at Tucson now but was offset by approximately 100 feet. Installation of a signal at Tucson Road would mean there would be two signals within approximately 300 feet, and it would not be easy to coordinate those two signals. Councilman Spiegel stated that if the light is approved at Tucson Road, it might be possible to get La Quinta to agree it makes sense and tie in to it for Darby Road. 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Mayor Crites asked what would happen if the City of Palm Desert decided not to approve that light. Mr. Greenwood responded that this was a possibility. Mayor Pro Tern Ferguson suggested that two Councilmembers meet with two La Quinta Councilmembers to see if an acceptable resolution could be reached. Mr. Greenwood noted something to keep in mind forthat discussion was that Darby School was completely designed and almost ready to start construction, and it would cause complete redesign of the school site. Councilman Kelly said the Council would be remiss in its duties if it did not try to sit down and discuss this with both the City of La Quinta and Desert Sands Unified School District. Mayor Pro Tern Ferguson suggested that the two Councilmembers be the same two who serve on the City's 2x2 Committee. Councilman Spiegel moved to, by Minute Motion, continue this matterto the meeting of August 25, 2005, and direct that in the meantime, Mayor Crites and Councilman Spiegel (from the "2 x 2 Committee") and City staff will enter into discussions with both the City of La Quinta and with Desert Sands Unified School District for an acceptable resolution. Motion was seconded by Kelly and carried by a 5-0 vote. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE FISCAL YEAR 2005/06 CONTRACT WITH SUNLINE TRANSIT AUTHORITY FOR ROUTE 51, THE SHOPPER HOPPER ROUTE, AND RELATED MARKETING OF THE PROGRAM. Councilman Spiegel moved to, by Minute Motion: 1) Approve and authorize the Mayor to execute Contract No. C24080 with Sunline Transit Authority for 12 months in an amount not to exceed $250,600 for the Shopper Hopper; 2) authorize the Director of Finance to set aside the amount of $25,000 as a 10% contingency (use of contingency requires additional action); 3) approve an increase in this contract when additions to the routes take place in the fall; 4) approve an increase of this contract once negotiations of fuel costs are completed in January 2006, with the amount to be reported to City Council once received; 5) approve the expenditure of $15,000 for advertising and special event operations of the Shopper Hopper from General Fund Account No. 110-4416-414-3681. Motion was seconded by Kelly and carried by a 5-0 vote. 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 J. REQUEST FOR APPROVAL OF OUTSIDE AGENCY FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2005/06. Councilman Spiegel noted there were no funds allocated to the Palm Springs Desert Museum, which requested funding to implement an after school art program at Palm Desert Middle School. Mayor Crites stated that there had been miscommunication between the Museum and Desert Sands School District, which indicated they did not find the Museum's program to be something they would support. He asked Mrs. Gilligan to update the Council on the current status. Mrs. Gilligan stated she had spoken with Janice Lyle of the Palm Springs Desert Museum. Dr. Lyle indicated she was submitting the proposal at the suggestion of someone at the City, but she agreed there were potential concerns and conflicts. Staff agreed that if she came back with a different proposal, staff would submit it to the Council for consideration. She added that this particular program did not cooperate with the current program the City has at Palm Desert Middle School; there are 100 students in the City's after school program, and the Museum program would be limited to 40 children over a six -week period of time. In addition, there were transportation issues. Councilman Spiegel noted that he was certain the Olive Crest Treatment Center, which would be located in Coachella and would provide a residential facility for teens, was a worthwhile facility; however, he was not sure it was necessary for the City of Palm Desert to fund the entire program and suggested that perhaps some of those funds could be given to the Museum. Mayor Pro Tern Ferguson stated that Olive Crest had requested $75,000 for capital costs; the City had a surplus of funds in its CDBG Capital Account this year because there were not enough applicants. The Committee suggested that a commitment be made over time to fund this facility from a variety of sources, not necessarily Outside Agency Funding money. That organization would be an excellent candidate for CDBG funding, if it could be qualified for the CDBG program. Mayor Crites stated that the City was about $28,000 below its self-imposed cap on Outside Agency Funding through some paring of requests. Finance Director Paul Gibson stated that the City would be at its maximum budgeted amount if the $75,000 were added in; however, if other funds were used for Olive Crest, it would be below the budgeted amount. 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Councilman Spiegel also questioned the denial of the National Junior Tennis League's request for funding in the amount of $10,000, noting that Palm Desert was the only city that had supported this group for the last several years. He felt this was a good program not just for Palm Desert youth but for the entire Valley as well. Mrs. Gilligan stated this organization requested funds for an in -school and after school program throughout the Coachella Valley. Although the City of Palm Desert had participated in past years, the Committee decided the benefit was not there and denied the request. Mr. Gibson added that one of the problems was that other cities were not funding the program, and the Committee felt Palm Desert should not fund it any further until there is Valley -wide participation. Mayor Pro Tern Ferguson noted that the observation was also made that in competing for funds with other types of programs such as crippled and abused children, tennis did not rise high on the priority list, at least for Outside Agency funding, although the City might wish to consider sponsoring it through other means such as marketing. Mayor Crites suggested that the request from National Junior Tennis League (#31) be held over for consideration at the next City Council meeting. Councilmember Benson moved to, by Minute Motion, approve the recommendation of the Outside Agency Funding Committee for charitable contributions in the total amount of $523,500 to the agencies as listed on the accompanying staff report, with the understanding that the requests from #31 - the National Junior Tennis League and #35 - Palm Springs Desert Museum will be held open for re-evaluation at the next City Council meeting. Motion was seconded by Ferguson and carried by a 5-0 vote. K. REQUEST FOR AUTHORIZATION TO PURSUE THE WIDENING OF THE SECOND DRIVEWAY WEST OF PLAZA WAY ON EL PASEO (CONTRACT NO. C24090). Councilman Kelly stated that he had not had any trouble making a right turn into the driveway with a vehicle waiting to exit the driveway, so he felt the driveway was sufficiently wide. He expressed concern with spending City funds to widen a private driveway. Mayor Pro Tern Ferguson agreed and said widening the driveway would only facilitate the traffic flow to Von's and other business establishments in that area; if the land owners do not want to put any money into it, he did not see why the City should go and fix a problem which may or may not even exist. Mayor Crites said he used that driveway often and felt the width was horrible and unsafe, the best evidence being tire marks up the curbs on both sides from people not being able to make the turns. He said he had watched that 18 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 driveway for years and felt something needed to be done; however, he agreed with Councilman Kelly that the City should not spend the money to fix that problem, although he would not necessarily be opposed to splitting the cost 50/50 with the property owner. He said if the merchants did not want to help pay for the widening, he would suggest that staff look at making it either an ingress or egress driveway rather than both. He added that it was his understanding that the driveway was not up to City standards, and Mr. Greenwood agreed. Councilmember Benson said she used this driveway almost on a daily basis and did not have any trouble getting in and out. Mayor Pro Tern Ferguson said one of the problems was that it was not striped and did not have a center line. If someone was exiting who was less than courteous, a driver entering would pretty much have to jump the curb in order to turn in. Mr. McCarthy noted that both property owners for the Von's Center and also the center in question were in various degrees of discussion with the Redevelopment Agency regarding renovation of their respective properties, and perhaps this was a subject that would be better integrated in those discussions. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Deny the expenditure of funds; and 2) direct that the matter be included in any proposed modifications in the two centers served by the driveway. Motion was seconded by Spiegel and carried by a 5-0 vote. XI. CONTINUED BUSINESS A. REQUEST FOR EXTENSION OF CONTRACT WITH INTERIM DIRECTOR OF HUMAN RESOURCES (CONTRACT NO. C23020) (Continued from the meetings of June 9, and June 23, 2005). Mr. Ortega noted that staff had been evaluating the necessity of continuing this contract as a full-time position. As part of the recent budget, the Council upgraded the position of Human Resources Management Analyst to Human Resources Manager, and staffs intent was to have that position handle the ongoing daily administration of the department. At the same time, staff agreed that the Interim Director (Duane Munson) had expertise in various areas. It was staffs recommendation that the Council authorize the hiring of the Mr. Munson on an as -needed basis to accomplish specific projects as discussed by Council during the budget process. 19 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Mrs. Gilligan stated that Mr. Munson had started the process of reviewing the City's Wage and Benefit Program, including cafeteria monies, job descriptions, etc. She had asked the City Manager to consider bringing Mr. Munson back for the month of August to allow him to complete that project. In addition, the City had numerous recruitments going on right now as well as various day-to-day activities, and it would be beneficial to have Mr. Munson here to assist in completion of that evaluation. Another project would be the initiation and completion of a succession planning program for the City of Palm Desert to address the needs of the City as it grows and long-term employees retire. For that project, staff was recommending that Mr. Munson be brought back for an additional two months (320 hours). She noted that Mr. Munson would not be involved in the day-to-day operation of the Human Resources Department and would be hired on a contract basis for these two projects at a rate of $70/hour. She added that staff believed Mr. Munson brought a level of expertise to the Human Resources Department in these negotiations that was very helpful to the City. Mayor Pro Tern Ferguson suggested authorizing up to 960 hours, with the City to use as many or as few of those hours as needed. Mrs. Gilligan responded that Mr. Munson's contract would expire on July 29, 2005, and the extension of his 960 hours would expire as of December 31, 2005. Staff felt it would be better for the City to negotiate a contract with Mr. Munson for specific projects rather than extending the contract for the remainder of the year. Mayor Pro Tern Ferguson moved to, by Minute Motion, authorize the City Manager to negotiate a contract with Duane Munson for professional services to be provided on an hourly basis at the rate of $70/hour for: 1) 160 hours (not to exceed $11,200) to complete the City's Wage and Benefit Program Review; 2) 320 hours (not to exceed $22,400) forthe creation of a succession planning policy for the City of Palm Desert. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR AUTHORIZATION TO EXECUTE AN AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR CONSTRUCTION OF LANDSCAPED MEDIANS ON PORTOLA AVENUE ALONG THE FRONTAGE OF WASHINGTON CHARTER SCHOOL (CONTRACT NO. C23870) (Continued from the meetings of June 9, and June 23, 2005). Mayor Crites noted the request from the City Manager to continue this item. Councilman Spiegel moved to, by Minute Motion, continue this matter to a date uncertain. Motion was seconded by Ferguson and carried by a 5-0 vote. all PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 XII, OLD BUSINESS A. CONSIDERATION OF AN APPEAL REGARDING PLANNING COMMISSION APPROVAL OF AN EXPANSION OF THE SACRED HEART ELEMENTARY SCHOOL AND CONSTRUCTION OF NEW PARKING LOTS AT 43-775 DEEP CANYON ROAD Case No. CUP 04-13 (Roman Catholic Bishop of San Bernardino, Applicant) (Thomas W. McCutchen, Appellant). Mayor Crites noted that, although the Public Hearing had been closed at the previous meeting, the Council would allow comments on this matter. Associate Planner Francisco Urbina reviewed in detail the staff report dated July 14, 2005 (on file and of record in the City Clerk's office), noting that Council had directed staff to further study eight additional issues, including lowering the height of the parish hall, moving the sports fields away from homes on Palmilla Circle and Myrsine Avenue, redlining of Deep Canyon Road, creation of deceleration/acceleration lanes on Deep Canyon Road and Fred Waring Drive, creation of a secondary access from the Palmira subdivision to Moss Rose Drive, parking lot lighting, outdoor noise from public address sound system at the elementary school, and no future expansion of the church and school. He summarized staffs response to those issues, included in the report. He noted that the appellant had requested that the City Council, as a condition of approval of this project, require that the church pay for a secondary access gate from Palmira subdivision onto Moss Rose Drive. With regard to the outdoor noise from public address sound system at the elementary school, staff recommended that the existing Community Development condition (#11) remain, that "Use of an outdoor sound system shall be limited to during school hours, at an acceptable level per the City's Noise Ordinance," as the Principal of the school wants the outdoor address system to stay there for use in the event of fire drills or emergency evacuation of the school. He noted that while staff did not have a problem amending a Community Development condition to allow Sunday School and youth activities to occur in the parish hall simultaneously with the worship services, the appellant (Mr. McCutcheon) and Mr. Norman Eastwood were opposed to allowing any use of the parish hall during worship services, as they felt it would be difficult to keep adults from going into the parish hall when services are full. He stated that Father Lincoln had indicated he would not be broadcasting, either by audio or television, the worship services into the parish hall. He said another amendment to one of the conditions of approval concerned the perimeter block wall along the westerly and northerly property lines. Previously, the applicant was proposing to construct an eight -foot -high block wall along those property lines to provide a noise buffer from the proposed adjacent sports fields. In light of the relocated sports fields, the applicant was requesting amendment to Community Development Condition #7 so as to 21 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 only require a new eight -foot -high block wall along the rear of the four adjacent homes on Myrsine Avenue; staff did not have any objection to this amendment. He also reminded the Council that the applicant was requesting approval to install two modular classrooms while the permanent school classrooms are being constructed. These would each hold 36 students, one teacher, and one teaching assistant, and would be located at the site of the parish hall. Once new classrooms are completed, those modular classrooms would be removed. In conclusion, he said staff felt the project as amended felt the findings for granting a Conditional Use Permit. Councilmember Benson said she felt the applicant had done a great job in reconfiguring the project to mitigate the concerns of the City Council. FATHER HOWARD LINCOLN said Mr. McCutcheon and Mr. Eastwood had expressed their concerns with regard to hiring law enforcement officers to help with the traffic, and he concurred with that, noting he would prefer to have those officers provide assistance. He promised that the Church would not have joint worship services in the sanctuary and the new hall. Mayor Pro Tern Ferguson asked whether those promises were conditions of approval. Mr. Urbina responded affirmatively. Mayor Pro Tem Ferguson noted that a condition of approval is conditional and is subject to revisitation, so if this does not "do the trick," the issue may be back before the Council in an effort to come up with a better solution. Councilmember Benson suggested that there be a condition indicating that the condominium units on the property be retained. MR. TIM HOLT, Holt Architects, noted that he felt the adjustments that were made had resulted in a good plan. He stated that one significant impact to Sacred Heart School was the fact that the playground area/sports field for the children had been significantly reduced, and itwould be more appropriate to consider it as a playground now rather than a sports field. MR. TOM McCUTCHEON, 24 Via Cielo Azul, Palm Desert, said he appreciated the changes that had been made to the site plan and felt a lot of thought and effort had gone into making those changes. He believed this was much more palatable to most residents concerned. However, the residents who signed the petition that was submitted last month requested that the parish hall and sports field not be approved based on the potential afternoon and evening traffic problems and the noise seven nights a week, year-round. He felt the additional traffic and noise would impact the residents' quality of life. He continued to ask that Deep Canyon be redlined on both the east and west sides, with the west side being redlined from the first driveway north of the Church, leaving eight spaces for senior 22 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 parishioners to park just outside of the Church. He said only 10% of the traffic comes from the north, and he felt not redlining the west wide was encouraging a chaos of traffic making u-turns to park on that side if they are traveling down Deep Canyon from Fred Waring. With regard to a secondary access, he said despite opposition, it was still recommended that the back emergency gate be opened as an exit only gate to help alleviate getting into and out of the subdivision safely during the school rush hours and on weekends during mass times as well as other peak times when the parish hall was being used to its fullest. He felt Sacred Heart Church should be held responsible for this expense. He continued to feel there should be no outside sound system, even though staffs recommendation was to allow it during school hours. He asked whether reference to the school outdoor sound system included sound system for the proposed outdoor stage for the parish hall or the new prayer alcove, and he said he did not think it should be allowed at all. He noted that a correction should be made to the staff report on Page 5, Item H, to show capped enrollment at 540 students at the K-8 elementary school and 81 at the pre-school, for total capped enrollment of 621. He questioned the purpose of the proposed prayer alcove, how and when it was expected to be used, and whether the separate entrance was from inside the church or whether it was from the outside. He disagreed with using the parish hall for Sunday School and youth activities during weekend worship services, feeling that would open up the potential use of the parish hall for other types of activities and would be impossible to monitor the use. He felt the parish hall should remain locked any time there is a religious mass of any kind going on in the church, which had previously been agreed to by the church. With regard to ingress and egress, he said the only issue addressed in the latest staff report was the right turn lane on the north side of Fred Waring between the pre-school and the driveway to the church parking lot. It was his understanding that staff and the traffic study person were to come up with some traffic flow plan to get 400-600 cars out of the parking lot at the same time another 400-600 cars were arriving for the next mass. He felt one-way entrances and exits on Saturdays and Sundays would help expedite traffic, and an entrance -only driveway from Florine would also help with the drop-off of 6'h- to 8`h-grade students. He said the southerly -most driveway on Deep Canyon by the pre-school should be made a one-way exit only at all times. He noted that in the revised conditions of approval as presented by staff at this meeting, there was no mention of the hiring of Riverside County off -duty Deputies to direct traffic for masses on Saturdays and Sundays and other major activities, and he felt that should be added, and it should state that it be from November 1 through April 30. MS. MARGARET GERTZ, 74-457 Myrsine Avenue, said she appreciated the redesign and everything that has been done to try and help the residents 23 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 with the proposed project. She expressed concern with the lack of a wall along the property, which right now was a cyclone fence with tamarisk trees, and this meant there was little privacy. She felt it would look nicer to have a wall there. She requested that the existing duplexes remain there forever. She asked that both the east and west sides of Deep Canyon be redlined beyond the K-1 entrance/exit. She reiterated that no lighting be allowed in the play area and that no public address system be allowed (including portable public address systems). She also questioned the type of lighting proposed for the lot. MR. NORMAN EASTWOOD, 74-474 Myrsine, reviewed the letter he had submitted to Council (on file and of record in the City Clerk's office). Upon question by Mr. Eastwood relative to how the 27-foot height was determined, Mayor Pro Tern Ferguson responded that during discussion about the Jewish Federation building, considerable time had been spent in determining the lowest possible height that would still allow meaningful opportunity to play basketball, and that height was determined to be approximately 27 feet. He added that this determination had nothing to do with the Jewish Federation other than forcing Council to look at the aspects of the design of the building. MR. STEVE ROOS, 74-489 Myrsine Avenue, spoke in favor of redlining the west side of Deep Canyon and in favor of the eight -foot wall along the north and west perimeters of the project. MS. SUMMER LITTLE, 74-413 Myrsine, spoke in favor of the buffer but expressed concern that she and her neighbors had not been notified of this meeting. She was also concerned with the public address system; she questioned whether there was such a system that could be used only for fire alarms and emergencies rather than announcing for sports activities. Mayor Crites stated that residents had been notified at the conclusion of the last meeting that this matter would be back before Council at this time. Upon further question by Ms. Little, he responded that any proposal in the future to change how the fields are used would require notification of any adjacent property owners. DR. JIM BRENNAN, Principal of Sacred Heart School, said a public address system was needed for safety, disaster preparedness, and evacuation procedures; in addition, he said it was typical in his experience across the State and the Country, for schools to have a public address system that is used for organizational activities, including calling children in from recess, signaling the end of class periods for junior high students, and making announcements. He said they had not desire or intent to broadcast ball 24 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 games over the play field , nor did they have any desire or intent to light those to play at night. He asked that the Council consider the organization and well-being of the school and allow it to keep a normal public address system. Mayor Crites said it was his understanding, then, that what the school wanted was something that would have its use restricted for public safety and administrative announcements. DR. BRENNAN agreed but said the school and students gather every morning for prayer, and without the public address system, it was difficult for those at the back of the current playground to hear what was being said. With regard to lighting, Mr. Urbina said Department of Community Development Condition #13 required that all outdoor lighting comply with the Palm Desert Municipal Code, and construction drawings for the proposed master plan would have to include a lighting plan. Condition #13 further states that all parking lot lighting shall be turned off by 10 p.m., Sunday through Friday, and by 11 p.m. on Saturday, or 15 minutes after an evening activity, whichever comes first. Mayor Crites noted that City guidelines were fairly zealous on making sure there is minimizing of any light spillover. Mr. Urbina agreed and said that was the reason for the required photometrics plan with construction drawings. He also noted Condition #8 which stated there shall be no stadium orflood lighting forthe play fields, and use of the play fields shall occur only during daylight hours and in no case later than 9 p.m. He also noted a typographical error in the staff report regarding the maximum number of students at the elementary school; the staff report indicated 640 students, and the correct number was 540 as stated in Condition #12. Mayor Pro Tern Ferguson stated that Florine Avenue had been brought up several times, and he asked whether that had been considered. Mr. Urbina responded that the project traffic engineer, Tom Brohard, did look at that street and concluded that it would create more problems than it would solve; therefore, staff recommended no openings at all on Florine. Upon further question by Mayor Pro Tern Ferguson relative to a left turn pocket on Fred Waring that lines up with the Church's current ingress/egress point, Mr. Urbina responded that this had not been considered, although he thought the City Engineer might feel having another left turn pocket on Fred Waring so close to existing left turn pockets east of Florine would probably not be safe. 25 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Mr. Greenwood noted that a great deal of data had been collected for this project. It was his recollection that only about 15 cars per hour that travel eastbound on Fred Waring turn left onto Deep Canyon and then left into the site; this improvement would only serve 15-20 cars per hour. He agreed with Mr. Urbina that there would be some other issues, including safety, although he would look at it if Council so wished. Mayor Pro Tern Ferguson stated he agreed with the comment that the weak part of all the revisions that were made on this project was traffic. He said he could not see any solution for traffic that would require movement of any of the buildings on the layout, and he was comfortable moving forward on their plans so they can get their construction documents and begin construction. He said he had mentioned to Father Lincoln at the beginning that this would be an ongoing process because once the school is built and it is clear where the traffic patterns develop, it may be necessary to go back and correct them. At every ingress/egress point on Deep Canyon, there is no in or out, as they are currently both. The issue across from the subdivision across the street has not been addressed. He did feel the uniformed officer would help the situation. He said he felt many of the people who are traveling to the school from the north would just as easily use Fred Waring if there was some way to get into the property, and he would like staff to look at the possibility of a left turn pocket from eastbound Fred Waring. He added that he did not think any of the traffic solutions, short of the redlining of Deep Canyon north of the K-1 entrance, would affect the site plan, and he asked for the City Engineer's recommendation on that issue. Mr. Greenwood said he believed that, ultimately, when the site is built out and all the parking has been generated, there would be red curb from Fred Waring across the first four driveways. He noted there was substantial distance between the fourth and fifth driveways, approximately 200 to 300 feet, and parking could be accommodated there without creating a safety problem due to sight distance. However, if Council desired to redline that entire curb, that could be done as well. In addition, the curb could be redlined north of the fifth driveway if Council wished. Upon question by Mayor Pro Tern Ferguson relative to the simultaneous use of the parish hall and the sanctuary and what may or may not be done with the three condominium units in the future, Father Lincoln stated that the church wanted to leave those units there for several reasons. They act as a buffer, allow the church to provide some housing for senior citizens, and collecting rent on the units allows the church to use some of the funds to pay for extra landscaping and upkeep as a result of this project. He added that he would have no problem agreeing to a condition stating that the units would remain, if that is what Council wishes. With regard to the use of the parish hall, he said there would not be simultaneous masses, nor would 26 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 there be mass from the sanctuary televised in the parish hall. He said one of the reasons they wanted to build the hall was to have a place for the kids. Mayor Pro Tern Ferguson said he felt one of the concerns was that the additional square footage would exasperate the number of parishioners at any one time who may be on the property and would, therefore, compound the parking problem. He asked whether the parish hall would only be used for school purposes. FATHER LINCOLN responded that the hall would be used for Sunday school, for occasional pancake suppers, and for gatherings and meetings for small groups such as Alcoholics Anonymous. Mayor Crites stated it was his understanding that during mass times, the parish hall would be used for children. Father Lincoln agreed that it would principally be used for children; however, he would not want to have that as a limitation, as there may be other people using the facility as well (i.e., people preparing something, cleaning up, etc.). Mayor Crites stated it would be used, then, for children and other incidental purposes. Councilman Spiegel asked where Sunday school is held currently. Father Lincoln responded that currently the children are taken to the existing administration building, although the rooms are very small, and they simply needed more room for the children. Upon question by Mayor Pro Tern Ferguson, Father Lincoln said the prayer chapel is just that, a room where people can go to pray, and it would not increase either parking or the seating during mass. He added that it would not be open at night. Councilmember Benson noted that the prayer chapel was already there and was not being added; it was being extended and made more private than what it is currently. Councilman Spiegel said he felt Father Lincoln and staff had heard the concerns of the community and had done a lot to mitigate those concerns. He would be in favor of staffs recommendation. Councilmember Benson agreed and said she felt a remarkable job had been done to change the project around and address concerns of the neighbors and Council. 27 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-53, denying the appeal and affirming the Planning Commission's approval of Case No. CUP 04-13. Mayor Pro Tern Ferguson seconded the motion with the following additional or modified conditions:1) Sound system to be specified forschool administration purposes only; 2) continued traffic monitoring during project build -out, with uniformed officers to be utilized as needed, and including consideration of access from Florine Avenue and for redlining the curb north of the K-1 entrance; 3) Parish Hall to be specified forthe use of children and other incidental purposes with no other simultaneous use during mass times; 4) retention of the condominium units on the property. Councilman Kelly expressed concern with the wall height; he felt they should not exceed eight feet for bordering residences on the north and west sides as originally proposed. He also was concerned that the houses along Deep Canyon north of the church be protected through redlining the curb. Mayor Crites suggested that staff be directed to come back with a supplemental report on this redlining and its possible extension at the next City Council Meeting. Upon question by Mayor Pro Tern Ferguson, Father Lincoln said some of the people had wanted a six-foot wall because they did not want their views blocked; however, the church was willing to go back to the original proposal of offering the option of either an eight -foot wall or a six-foot wall for residences to the north. Councilman Spiegel and Mayor Pro Tern Ferguson accepted the amendments to their motion and second, and the motion carried by a 5-0 vote. Mayor Crites agreed with his colleagues and thanked the applicant, the appellant, and the residents for their diligence, professionalism, and courtesy in this matter. For clarification purposes, Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-53, denying the appeal and affirming the Planning Commission's approval of Case No. CUP 04-13. Mayor Pro Tern Ferguson seconded the motion with the following additional or modified conditions: 1) Sound system to be specified for school administration purposes only; 2) continued traffic monitoring during project build -out, with uniformed officers to be utilized as needed, and including consideration of access from Florine Avenue and for redlining the curb north of the K-1 entrance, with staff requested to provide a supplemental report on this redlining and its possible extension at the next City Council Meeting; 3) Parish Hall to be specified for the use of children and other incidental purposes with no other simultaneous use during mass times; 4) retention of the condominium units on the property; 5) walls not to exceed eight feet in height for bordering residences on the north and west sides, as was originally proposed. Motion was seconded by Ferguson and carried by a 5-0 vote. 28 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 A recess was observed from 7:05 p.m, to 7:11 p.m. B. REQUEST FOR APPROVAL OF CONTRACT AMENDMENT NO. 1 TO CONTRACT NO. C22870 — DESIGN ENGINEERING FOR THE PORTOLA AVENUE BRIDGE OVER THE WHITEWATER CHANNEL (PROJECT NO. 647-04). Councilman Spiegel moved to, by Minute Motion: 1) Approve Contract Amendment No. 1 in the amount of $50,751 to the subject contract with Moffatt & Nichol Engineers, Irvine, California, and authorize the Mayor to execute same; 2) authorize the transfer of said funds from contingency to base for the project. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Kelly ABSENT. C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE PORTOLA AVENUE BRIDGE OVER THE WHITEWATER CHANNEL (CONTRACT NO. C2287013, PROJECT NO. 647-04). Mr. Ortega stated that CVAG's (Coachella Valley Association of Governments) Technical Advisory Committee, at its meeting last Friday, approved this project; however, it still needed to be approved by the Riverside County Transportation Commission. Mayor Crites stated that CVAG was decreasing the City's Cook Street money by $2 million. He asked whether CVAG later planned to backfill that $2 million. Public Works Director Mike Errante noted that the estimate for Cook Street was $9.5 million, 50% of which would be contributed by CVAG. The $2 million shift would not be an addition in the future. Councilman Kelly said he felt staff should argue this $2 million reduction with CVAG, since there is an agreement that CVAG will contribute 50%. Mayor Crites said he felt this was something that needed to be done now; otherwise, CVAG might say this was something the City agreed to. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company, Indio, California, in the amount of $10,046,046, authorize a 10% contingency for the project, and authorize the Mayor to execute said contract; 2) appropriate $7,900,000 from the Unobligated Capital Improvement Fund 400 to the project account, without consenting to CVAG's proposed $2 million shift in transportation funding for this project from the Cook Street project and directing staff to return to CVAG to argue this point. Motion was seconded by Ferguson and carried by a 5-0 vote. 29 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 D. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FORTHE PORTOLAAVENUE BRIDGE OVER THE WHITEWATER CHANNEL (CONTRACT NO. C22870C, PROJECT NO. 647-04). Councilman Kelly moved to, by Minute Motion, award the subject contractto Berg & Associates, Inc., La Quinta, California, in the amount of $761,171, authorize a 10% contingency for the project, and authorize the Mayor to execute said contract. Motion was seconded by Spiegel and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF CONTRACT AMENDMENT TO CONTRACT NO. C23060B — PROFESSIONAL ENGINEERING PLAN CHECK SERVICES. Councilman Kelly moved to, by Minute Motion, ratify Contract Amendment No. 1 in the amount of $15,000 to the subject contract with Joseph Gaugush, Palm Desert, California, and authorize the Mayor to execute same. Motion was seconded by Spiegel and carried by a 5-0 vote. F. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR CONSTRUCTION BIDS FOR THE FRED WARING DRIVE SOUNDWALL PHASE II FROM CALIFORNIA AVENUE TO WASHINGTON STREET (CONTRACT NO. C24100, PROJECT NO. 654-01). Mayor Pro Tern Ferguson moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for construction of the Fred Waring Drive Widening Phase II Soundwall from California Avenue to Washington Street, including the easterly border of Desert Breezes. Motion was seconded by Spiegel and carried by a 5-0 vote. G. CONSIDERATION OF THE RESTRICTION OF LEFT TURNS FROM SAGEWOOD DRIVE TO SOUTHBOUND MONTEREY AVENUE. Mr. Greenwood reviewed the staff report, noting there was a project currently being considered to construct a raised median island from where the island is now south of Country Club all the way down to Hovley Lane West. As part of the construction of that island, it was necessary to address the issue of left turns across six lanes of traffic at Sagewood Drive. He said staff had the same concerns and opinion at this location as it did with the Tucson Circle issue earlier in this meeting, that allowing left turns to southbound Monterey Avenue from Sagewood could be unsafe due to high speeds and high volumes on Monterey. Councilman Kelly asked staff what was going to be done about the driveway out of the Civic Center onto eastbound Fred Waring Drive, as he felt a good point was made by a previous speaker that a similar situation exists at City 30 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Hall as is present at Tucson Circle, and something should be done. Mr. Greenwood responded that this was an area of concern. He said staff planned to address that issue at the same time as the vacant property directly across the street is addressed, and plans were to install a right turn pocket. He suggested that left turns could be prohibited out of that driveway, as individuals could exit onto San Pablo southbound and turn left at Fred Waring Drive. MS. ANN GOLDMAN, owner of a home in Sagewood on Sugarbush Court, asked that Council reconsider the no left turn from Sagewood to Monterey Avenue due to many reasons, including convenience. She said the person at the City to whom she had spoken suggested that she turn right out of Sagewood and make a u-turn at Country Club; however, she felt this was the busiest intersection in the City and was not a good solution, as more accidents happen there than in most other Palm Desert intersections. In addition, not being able to turn left onto Monterey would mean an increase in gas cost, time, and stress. She was concerned that property values would decrease as well. She suggested that safety would improve if the two signals at Hovley Lane West and Country Club/Monterey were synchronized so that motorists would have a window of time to make that left onto Monterey. She disagreed with staff that restricting these left turns would make the area safer and felt it would actually increase the danger. MS. STEPHANIE HERRINGTON, resident of Sagewood, said there had been visibility problems on the Monterey entrance to Sagewood for quite some time, and the City did remove some trees south of the entrance that were contributing to that problem. In addition, it was her understanding consideration was being given to reducing the size of the utility box, as it blocked visibility for drivers turning both right and left out of Sagewood. She said there were already safety problems with drivers exiting the Albertson's shopping center and making u-tums right in front of the Sagewood entrance to travel north on Monterey Avenue. Another issue was the speed of traffic on Monterey, and she felt it was important to deal with that issue as soon as possible. Mayor Crites stated that State law was very specific about what cities can do in terms of setting speed limits. A speed study must be done, and the limit is set at the 801h or 851h percentile of the average speed on the street; otherwise, the City cannot go out and enforce the law with radar, etc. MS. HERRINGTON said she was opposed to restricting the left turns onto Monterey because, at the informational meeting, City staff could not guarantee that the second Sagewood entrance (on Country Club) was not also eventually going to be closed to left turns. She noted it was harder to make a left turn onto Country Club than it was onto Monterey due to lack of 31 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 visibility. If that left turn was restricted as well, residents of Sagewood would have to travel down Country Club all the way to Portola in order to make a u-turn; larger vehicles would not be able to do that without making a three- point turn because of the width of the road, and that was also a dangerous situation. She felt restricting the left turns onto Monterey would force more traffic through the Albertson's center. She suggested an acceleration lane southbound on Monterey and felt that might be something to be considered. MR. RICH PRUSINOWSKI, 40-311 Sagewood Drive, agreed with comments made by the last two speakers. MS. DEBRA JAMESON, resident of Sagewood, agreed with comments already made and expressed concern with the current safety situation, with people making u-tums at the median cut in front of the Sagewood entrance on Monterey. She supported the suggestion for an acceleration lane southbound on Monterey. MS. KATHRYN CORTESE, 40-344 Sagewood, said she did not agree that it would be safer to turn right out of Sagewood and make a u-turn at Monterey and Country Club. She was opposed to restricting left turns from Sagewood and felt this would affect the lifestyle of the residents. Upon question by Councilman Kelly, Mr. Greenwood responded that residents would not have to go all the way to Country Club Drive in order to make a u-turn onto southbound Monterey, as they could make the u-turn at the Albertson's driveway, although he felt it would be safer to go to the signalized intersection at Country Club and Monterey. Councilman Spiegel asked if it was imperative to allow people to enter the Albertson's center from northbound Monterey when they can turn left at the signal at Country Club and then left into the center. Mr. Greenwood responded that this would have to be discussed with the City of Rancho Mirage, and he felt Albertson's would have concerns as well. He added that the only thing Rancho Mirage and Albertson's had to do with this issue was the timing, and this would bring up the opportunity to build the median island now. The issue of left turn access should be addressed when the median island is built. He added that while the Albertson's center probably did increase the number of u-turns at Sagewood, that was an issue long before Albertson's was built. Councilman Kelly said it was his understanding that the Council was dealing with this issue now because of the proposal to build the median. Mr. Greenwood agreed and said this is a joint project with the City of 32 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Rancho Mirage. Councilman Kelly asked whether allowing left turns out of Sagewood meant the median was not going to be built. Mr. Greenwood responded that the Council could choose to build the median and leave an opening to allow left turns across it onto southbound Monterey. Mayor Pro Tern Ferguson asked whether it would be possible to run a curb along an acceleration lane so that residents could exit Sagewood and not have to worry about someone hitting them. He said his fear was that blocking that left turn would in effect strand the Sagewood residents in their own subdivision. Mr. Greenwood stated he would rather use striping than curbing so that if someone gets in a bind or makes a mistake, they would just be running over a stripe rather than hitting a curb. An alternative would be to have a two-way left turn lane between Sagewood and Hovley Lane West. Mayor Pro Tern Ferguson asked how many cars could queue in that staging area before the deceleration lane comes into play at Hovley. Mr. Greenwood responded that it was hundreds of feet long, so there could be quite a few vehicles. Mayor Pro Tern Ferguson said he would at least like the City of Rancho Mirage to consider a no u-tum lane at the Sagewood entrance. Mayor Crites stated that an opening to allow left turns from Sagewood onto Monterey would also provide the ability for someone to make a u-turn from the other direction. Mayor Pro Tern Ferguson agreed and said that was why he suggested having it curbed rather than striped. He said while people may make illegal u-turns, they will seldom jump a curb to do so unless it is an emergency. Mr. Greenwood said it might be possible to build a raised median from Country Club down to Sagewood, with a two-way left turn lane from Sagewood down to Hovley Lane West. That would allow left turns out of Sagewood into the two-way left turn lane as a refuge, it would solve the problem with all the delineators out in the street, and the left turn into the Albertson's center would also be resolved. Mayor Crites asked if that would do anything to resolve the other u-turn issue, and Mr. Greenwood responded that it would not. Upon further question, he said there was discussion at the informational meeting about the ability to post a "no u-turn" sign, which might stop some people. 33 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Mayor Pro Tern Ferguson asked whether it would be just as easy for people traveling southbound on Monterey to turn left onto Country Club and then right into Sagewood if there was no left turn allowed into Sagewood from Monterey. He said he felt there was more of a need for the residents to travel south on Monterey out of the subdivision than there was to travel from the south into the subdivision. Mr. Greenwood stated that one problem was that improvements done to prohibit left turns into Sagewood from Monterey would also prohibit left turns out. Councilman Spiegel moved to, by Minute Motion, authorize a raised median island from the intersection of Country Club Drive and Monterey Avenue southerly to the intersection of Sagewood Drive, with inclusion of a left turn pocket into Albertson's from Monterey in this median, as exists presently, which will turn into a narrower island the remainder of the distance to Sagewood Drive, where an unobstructed opening will be provided to allow left turns into Sagewood, followed by a two-way left turn lane provided from the intersection of Sagewood Drive southerly to the signal at Hovley Lane West. Motion was seconded by Kelly and carried by a 5-0 vote. XIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A DECISION BY THE PLANNING COMMISSION, DENYING A VARIANCE TO ALLOW A FREESTANDING PATIO COVER, 12 FEET IN HEIGHT SETBACK 3 FEET-2 INCHES FROM THE REAR PROPERTY LINE AT 74-431 DE ANZA WAY (APN 625-074-004) Case No. VAR 05-02 (Abbass and Judith Kamouie, Applicants/Appellants). Mayor Crites noted the letter which had been received from the applicant requesting a continuance of this matter. Assistant Planner Ryan Stendell noted that staff did not have a problem with the continuance, and the recommendation for denial would remain whether the matter is continued or heard at this time. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. No testimony was received. Councilman Spiegel moved to, by Minute Motion, continue this matterto the meeting of August 25, 2005. Motion was seconded by Kelly and carried by a 5-0 vote. 34 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 B. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW A 10,291 SQUARE FOOT SINGLE-FAMILY HOME WITHIN THE HILLSIDE PLANNED RESIDENTIAL ZONE AT 700 SUMMIT COVE WITHIN THE CANYONS AT BIGHORN (APN 771-500-001) Case No. PP/HPD 05-07 (Habitat Architecture/Guy Dreier Designs, Applicant). Mr. Stendell reviewed the staff report and offered to answer any questions. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Mayor Pro Tern Ferguson said he had visited this lot; it was completely surrounded in the rear by the existing mountains and could not be seen from Highway 74. He felt it was spectacularly done, and he could not think of any adverse impact it would have on BigHorn or the City. He added that this was exactly the type of exception he wanted to leave open when the Council voted on the Hillside Planned Residential Ordinance. Councilman Kelly said a representative of Ironwood had shown him scarring from a pad that had been cut, and he felt something should be done to make sure the renaturalization is done as soon as possible so there is no scarring of the hillside. Mr. Stendell agreed and said staff would initiate discussion with the appropriate people to get that done and satisfy the Ironwood Association. Mayor Pro Tern Ferguson noted that the Hagadone house was currently in construction; there was a small portion of it on the other side of the peak that would be visible where the owner was going to grade for an office and then renaturalize. He suspected what Ironwood was seeing was this little patch of grading not associated with the existing lots; if that was the case, there were renaturalization standards in there that go well above and beyond what the City normally does. Mayor Pro Tern Ferguson moved to waive further reading and adopt Resolution No. 05-63, approving Case No. PP/HPD 05-07. Motion was seconded by Spiegel and carried by a 4-1 vote, with Mayor Crites voting NO. 35 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 C. REQUEST FOR APPROVAL OF A PRECISE PLAN TO CONSTRUCT A 5,725 SQUARE FOOT PALM DESERT CHAMBER OF COMMERCE/MULTI- TENANT OFFICE BUILDING (THE HENDERSON COM.M.UNIfiY BUILDING) AND A REQUEST FOR A HEIGHT EXCEPTION TO ALLOW A 22-FOOT HIGH BUILDING WITH ARCHITECTURAL PROJECTIONS UP TO 37 FEET HIGH TO BE LOCATED AT 72-575 HIGHWAY 111 Case No. PP 01-16. Amendment No. 1 (Palm Desert Redevelopment Agency, Applicant). Associate Planner Francisco Urbina reviewed the staff report and offered to answer any questions. Mayor Pro Tern Ferguson asked whether any analysis had been done on building heights to the immediate west, east, and north. Mr. Urbina responded that staff felt there would not be an issue due to the fact that the tower element on this building would actually be eight feet lower in height than the tower element at the Visitor Center. He added that this building would be buffered substantially, set back from Highway 111 and separated from it by the proposed future gardens. Mayor Pro Tem Ferguson expressed concern with the City Council telling developers then cannot have height exceptions and then turning around and granting itself two of them. Mayor Crites noted this was a building that has nice architectural features. He asked how the building would compare with the Highway 111 buildings at Desert Crossing, the Highway 111 buildings in Palms to Pines West, and other centers in the City. In addition, he asked whether the people in Sandpiper to the south had received notice of this public hearing. Mr. Urbina responded that notices had been sent to several dozen homeowners in Sandpiperwho fell within the 300-foot radius notification limit, and no responses had been received. He said staff had not done an analysis comparing the height of this building to other buildings in the area; however, a majority of this building's roof line was at 22 feet or less, except forthe circular tower element, which had an approximate diameterof 42 feet. Mayor Pro Tern Ferguson asked how much lower the pad was for this building as compared with the elevation of Painters Path Road. He said his sense was that if the only impacted residents were Sandpiper, that development has to be a good 15 feet above the pad for the proposed Chamber building; if that is the case, the net height of this building to them was more like 22 feet, and he would not really have a problem with it. Mr. Urbina said he was not sure how this compared with Painters Path. 36 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 Mayor Crites declared the public hearing gpen and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Councilman Spiegel said a question that kept coming up during a recent Chamber of Commerce meeting was what the Chamber needed from the City other than furniture. He asked the Redevelopment Agency staff to let them know what they need to do. Mr. McCarthy said staff would be preparing a lease agreement, which would include specific conditions. Councilman Kelly moved to waive further reading and adopt Resolution No. 05-64, approving Case No. PP 01-16, Amendment No. 1, including building height exception, subject to conditions. Motion was seconded by Ferguson and carried by a 5-0 vote. XIV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department Battalion Chief Holloway advised the City Council about a residential structure fire that occurred around 6:30 a.m. today near Primrose and Aster. He said it was well -involved by the time a passerby called it in and required a second alarm. Crews from both Palm Desert and Indian Wells responded to the blaze, estimated to have begun about two hours earlier, and quickly extinguished it. No one was home at the time, although the family pet perished. The resident was now receiving assistance from the Red Cross. He thanked the City Council for all of its support for equipment and training, which helped the fire crews do their job. 37 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: Councilman Kelly moved to add the following appointment to the Investment & Finance Committee. Motion was seconded by Spiegel and carried by a 5-0 vote. 1. Appointment to the Investment & Finance Committee. Upon a motion by Councilman Kelly, second by Councilman Spiegel, and 5-0 vote of the City Council, Dixie Proulx was appointed to the Investment & Finance Committee to fill the vacancy created by Thomas Wormley's resignation. 2. Southern California Edison — Councilman Spiegel commented that he'd attended the CVAG Public Safety Committee Meeting this past week where Southern California Edison made a presentation. In addition to talking about the cost of energy, they talked about Cool Centers in the Coachella Valley — Palm Springs, Cathedral City, La Quinta, Indio, etc., but there were none in Palm Desert. He asked staff to look into establishing a Palm Desert Cool Center. City Councilmembers concurred with this request and asked for a report at the next meeting. Additionally, Councilman Spiegel noted that Edison raised its rates 4% this year and would raise them 6% next year, which had already been approved. If a resident doesn't pay their electricity bill for three months, they are automatically shut off. He observed that the City gave away thousands of dollars to various organizations, but if there was a problem with residents having their electricity turned off, he wondered if there was any assistance that could be provided. He felt it would be appropriate for the City Manager and Risk Manager to make a report on this issue. 3. Civic Center Park— Councilman Spiegel noted the recent letter received by the City Council, reporting that there were vagrants in the Park during the afternoons and evenings. He said this is in addition to the recent playground equipment vandalism. He inquired whether it would be warranted to provide extra W PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 dollars to the Police Department for patrols to correct that problem in the Park. Mr. Ortega responded that measures were already being taken in that regard, and he would bring back a full report with specific recommendations. Mrs. Gilligan added that the Police Department was already stepping up its patrol to address vagrancy and other activities in the Park. She was also scheduled to meet with Lt. Thetford next week on the matter. o City Council Committee Reports: Coachella Vallev Animal Campus Commission — Councilmember Benson said the Commission toured the new Animal Campus this morning; move -in was expected at the end of August. She said it was coming along nicely, and everyone was impressed by the facility. The Cathedral City facility would be closed on September 1. o City Council Comments: Mayor Crites expressed appreciation to Mayor Pro Tern Ferguson for more than adequately filling in as Mayor during his time away. XV. ORAL COMMUNICATIONS - C MR. MALCOLM RILEY, Los Angeles, CA, addressed the City Council regarding requirements imposed upon his project, Desert Gateway Self -Storage on Dinah Shore, in the Monterey 170 Subdivision. He said after a six-month period of working through the City process with its staff, including redesigning the grading plan, relocating the building, and making some drainage structures due to their project's adjacency to the retention basin in this area, their building was currently in for final plan check. They received a letter from the City dated July 6 that advised what their fees would be and what bonds would have to be posted, which they paid and posted. Upon presenting their mylar grading plan to staff, they were advised the map would not be signed because the City decided it wanted to coat/cover the adjacent retention basin. He felt it was unheard of to make such a request at this stage of the process and after having spent a good deal of time working closely with City staff and responding to their requests, with the understanding that the basin would be left as is or improved slightly. He said they were asked to coat both sides of the channel for 450 feet and believed it was manifestly unfair to ask them to pay for 12-15% of the total cost since they were only 2% (three acres) of a 170-acre W PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2005 subdivision. Only owners who abut the channel were being charged for this; whereas, the channel was installed to accommodate the entire subdivision. He proposed being relieved of the requirement to post the bond, and in return, they would agree to indemnify the City of Palm Desert in the event that failure of their property would cause them to seek damages from the City. He said they would also willingly enter into an assessment district to complete the channel for the entire 170-acre subdivision, if the City so chooses, which would make all the properties using the channel responsible for its cost. He thanked City Councilmembers for their time and consideration. XVI. ADJOURNMENT With Council concurrence, Mayor Crites adjourned the meeting at 8:22 p.m. to Wednesday, July 20, 2005, at 9:00 a.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA BUFORD A. CRITES, MAYOR 40