HomeMy WebLinkAboutPrelim Minutes - City 01/13/2005PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 13, 2005
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Crites convened the meeting at 3:04 p.m.
II. ROLL CALL
Present: Excused Absence:
Councilmember Jean M. Benson Councilman Robert A. Spiegel
Mayor Pro Tem Jim Ferguson
Councilman Richard S. Kelly
Mayor Buford A. Crites
Also Present:
Sheila R. Gilligan, Acting City Manager
David J. Erwin, City Attorney
Homer Croy, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Mark D. Greenwood, City Engineer
Amir Hamidzadeh, Director of Building & Safety
Philip Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Duane K. Munson, Interim Director of Human Resources
Michael J. Errante, Director of Public Works
David Yrigoyen, Director of Redevelopment & Housing
Robert P. Kohn, Director of Special Programs
Ignacio Otero, Fire Chief, Palm Desert/Riverside County Fire Department/CDF
Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005
1) Property: Lease Property - Parkview Professional Office Complex,
73710 Fred Waring Drive, Suite No. 108, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Assembly Committee on Rules,
California State Assembly
Under Negotiation: x Price x Terms of Payment
2) Property: APNs 640-110-033 (72-314 Highway 111)/
640-110-035 (72-322 Highway 111)
Negotiating Parties:
Agency: Carlos L. Ortega/Mark Greenwood/City of Palm Desert
Property Owners: TRU Properties/Campbell Holdings
Under Negotiation: x Price x Terms of Payment
Mr. Erwin asked the City Council to add the following case of existing litigation to
this agenda for Closed Session consideration:
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) Daisy Garcia Ramirez v. City of Palm Desert, Riverside County
Superior Court Case No. 0028014
Upon a motion by Mayor Pro Tem Ferguson, second by Councilmember Benson,
and 4-0 vote of the City Council, with Councilman Spiegel ABSENT, added the
aforementioned case to the agenda.
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Upon a motion by Mayor Pro Tem Ferguson, second by Councilmember Benson,
and 4-0 vote of the City Council, with Councilman Spiegel ABSENT, Mayor Crites
adjourned the meeting to Closed Session at 3:05 p.m. He reconvened the meeting at
4:03 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005
VI. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly
VII. INVOCATION - Mayor Pro Tem Jim Ferguson
VIII. ORAL COMMUNICATIONS B
MR. LOTHAR VASHOLZ, Public Relations for the Coachella Valley Trauma
Intervention Program (TIP), addressed the City Council with a report on his
organization's activities. He stated that program was a partnership with the
communities of the Valley and volunteers who, since October 1, 2003, provided
emergency help, upon being called by emergency personnel, for suicides, motor
vehicle accidents, fires, family abuse situations, and unattended deaths, with
24-hours-per-day, 7-days-per-week coverage. He related that they'd made nearly
400 service calls, assisting three or four persons on each. Additionally, on Monday,
February 7, TIP was providing a seven -hour program for emergency personnel, a
study on first aid in traumatic situations, and the program had been approved for
continuing education units (fliers were provided to the City Clerk's Office). He
thanked the City Council for its support of the program, present and future, which
had been in place 15 months in the Coachella Valley and 20 years nationally.
Having been personally involved in some of the calls, he spoke to the value its
volunteers were able to provide to both those who were affected by a trauma and
to the emergency personnel sent to render aid.
MR. RICHARD LEE, 76-981 Florida Avenue, Palm Desert, spoke to the City
Council, advising that he had a document signed by 150 residents on his street
about the extreme concern and displeasure with the current Fred Waring Drive
widening and sidewalk project along Florida Avenue. He said both projects were
going to severely impact his residence, purchased just three months ago without
disclosure of these projects. He implored the City Council to explain how this could
occur, citing the devaluation of his property with the soundwall to be built in his back
yard, which will eliminate his pool and landscaping, the tremendous traffic noise and
heavy truck impact, and the threat of vehicles leaving the roadway and crashing into
his and his neighbors' property. He said this was in addition to the loss of six feet
that would also be taken from the front yard with the sidewalk project. He
threatened to take legal action to compensate him for the impacts he will suffer.
MR. ANTHONY FRANTHCONI (sp?), 76-911 Florida Avenue, Palm Desert, said he
had the same issues as Mr. Lee, and he wished to go on record with the same
concern -- quality of life. He said it would be a freeway in his back yard; didn't
matter whether the home was soundproof, traffic noise was constant. He wanted
some compensation, such as double windows or whatever was needed to make
their life better. He also questioned how this process was approved without protest.
He, too, moved into his home only three months ago.
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MS. GINA SANDOVAL, resident of Florida Avenue, Palm Desert, said she
supported the prior two speakers. She also asked the City Council what would
happen to the value of her home once the traffic impact became even greater.
Mayor Crites asked staff to provide a report at the next meeting, responding to the
concerns expressed by the three speakers living on Florida Avenue.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE RIVERSIDE COUNTY SHERIFF'S
DEPUTY MICHAEL BARROS, ONE OF PALM DESERT'S OWN
RETURNING HEROES FROM OPERATION "IRAQI FREEDOM."
Palm Desert Assistant Chief of Police Steve Thetford called Deputy Barros
to the front of the Chamber and commented that he has seven years of law
enforcement service at the Palm Desert Station and 16 years of military
service, including current service in the Army Reserve. Further,
Deputy Barros is a Sgt. First Class assigned to Alpha Company of the 425th
Civil Affairs Battalion, serving two tours during Operation Iraqi Freedom. The
first tour was spent training Military Police personnel who were preparing to
be deployed to Iraq. On the second tour, he was stationed in Baghdad to
lead a unit with a mission of stabilizing the Iraqi Government. Deputy Barros
survived several intense firefights with his unit, and during this tour, only
three of his men were wounded; fortunately, none were killed. The Palm
Desert Police, Sheriff's Department, and residents of the City were thankful
for his service and for his safe return to our community.
On behalf of the City Council and the citizens of Palm Desert, Mayor Crites
made a special presentation of an engraved brass platter and a $100 gift
certificate to Sullivan's Steakhouse to Deputy Barros, recognizing his service
to our country and to Palm Desert.
Upon Mrs. Gilligan's request, Asst. Chief Thetford went on to report that
there had been a change in command in the Palm Desert Sheriff's Station;
former Captain Pat McManus had received a promotion to Chief Deputy of
West County Operations. The new Station Commander was Captain
Craig Kilday, who would also be Chief of Police for the City of Palm Desert.
Capt. Kilday is a 26-year veteran on the force, a great deal of that time from
the Palm Desert Station.
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REGULAR PALM DESERT CITY COUNCIL MEETING
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B. PRESENTATION TO THE PALM DESERT CITY COUNCIL BY
QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF
THE 2005 RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL.
MS. TERRI NEUENSWANDER of the Riverside County Economic
Development Agency and "Queen Mom" greeted the City Council and
expressed appreciation for its continued support of the Riverside County
Fair. She introduced the 2005 Queen and her court.
QUEEN SCHEHERAZADE, Sierra Hanson of La Quinta,
PRINCESS DUNYAZADE, Emmeline Soto of La Quinta, and
PRINCESS JASMINE, Lindsay Armstrong of Palm Desert, each introduced
themselves to the City Council and looked forward to seeing everyone at the
Fair. They presented 2005 Fair fliers and lapel pins to City Councilmembers
and staff.
Mayor Crites thanked the group for coming before the City Council this
afternoon and wished them all the best for the coming Festival. He agreed
that the City had a long history of participation and support for the County
Fair, and it looked forward to continuing this relationship.
C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES
FOR EXCEPTIONAL SERVICE - JANUARY 2005.
On behalf of the City Council, Mayor Crites and Mrs. Gilligan honored the
following employees with a certificate of recognition and a $100 gift
certificate: Denise Oakley, Laurel Knutson, Gail Santee, Martin Alvarez,
James Conway, Lorena Armenta, and Cathy Walker. Each employee was
heartily congratulated for their outstanding performance.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of December 9, and
December 23, 2004.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 112, 113, 117, 119, 123, 124, 125, 129, 130, 131, 134, 135, and 136.
Rec: Approve as presented.
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C. CLAIM AGAINST THE CITY (#541) by AIG Auto Insurance/James Collings
in the Amount of $2,821.79.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimants.
D. CLAIM AGAINST THE CITY (#541A) by James A. Collings in the Amount of
$676.25.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Blue Royale I
for Picanha, 73-399 El Paseo, Palm Desert.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Livreri
Revocable Family Trust UTD September 26, 1995, for Mama Liveri's Family
Bistro, 44-150 Town Center Way, Suite B4, Palm Desert.
Rec: Receive and file.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Vittorio, LLC,
for Ristorante Vittorio, 73-375 El Paseo, Suites Q & R, Palm Desert.
Rec: Receive and file.
H. MINUTES of City Committee and Commission Meetings
1. Art In Public Places Commission Meeting of November 17, 2004.
2. Historic Preservation Committee Meeting of October 25, 2004.
3. Housing Commission Meeting of November 17, 2004.
4. Sister Cities Committee Meeting of November 18, 2004.
5. Youth Committee Meetings of October 5, and November 2, 2004.
Rec: Receive and file.
LETTER OF RESIGNATION from Patrick Lilly El Paseo Business
Improvement District Board of Directors.
Rec: Receive with very sincere regret.
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JANUARY 13, 2005
J. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) with
the Volunteer Center of Riverside County for the 2-1-1 Information and
Referral Services (Contract No. C23300).
Rec: By Minute Motion: 1) Approve the subject MOU and authorize the
Mayor to execute same; 2) appropriate $5,350 from the Unobligated
General Fund to Account No. 110-4159-415-3090 for this purpose.
K. REQUEST FOR APPROVAL of Funding and Service Agreement for an
Interim Coachella Valley Red Imported Fire Ant (RIFA) Response Program
(Contract No. C23310).
Rec: By Minute Motion: 1) Approve the subject agreement with the
Coachella Valley Mosquito and Vector Control District; 2) appropriate
$36,019 from the Unobligated General Fund Reserves for City's
annual interim program participation cost.
L. REQUEST ;;FOR AUTHORIZATION to Purchase Traffic Signal
Interconnection Communication Hardware.
Rec: By Minute Motion, approve the subject purchase of equipment from
CSC Fibertron, Buena Park, California, in the amount of $15,070.50 —
funds are available in Account No. 110-4250-433-3325.
M. REQUEST FOR APPROVAL of Final Map for Tract No. 31020 (Las Perlas,
LLC, Applicant).
Rec: Waive further reading and adopt Resolution No. 05-1, approving the
Final Subdivision Map forTract No. 31020 and the Agreement relating
thereto.
N. REQUEST FOR APPROVAL of Final Map for Tract No. 32420
(Brava Development, LLC, Applicant).
Rec: Waive further reading and adopt Resolution No. 05-2, approving the
Final Subdivision Map forTract No. 32420 and the Agreement relating
thereto.
O. REQUEST FOR WAIVER of Fees Associated with the Desert Rose Society's
Annual Pruning Exhibition.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
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P. REQUEST FOR APPROVAL of Sponsorship for Soroptimist International of
Palm Desert's (SIPD) Ninth Annual Art & Wine Tour of El Paseo.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
Q. REQUEST FOR APPROVAL of Out -of -State Travel Expenses Associated
with Mayor's Travel.
Rec: By Minute Motion, approve the subject out-of-state travel expenses in
the amount of $3,000 for Mayor Crites to: 1) Meet with
Congresswoman Mary Bono, BLM staff for L.W.C.F., Assistant
Secretary Department of the Interior, and the Director of L.W.C.F. on
December 14-16, 2004; 2) attend the U.S. Conference of Mayors in
Washington, DC, January 17-19, 2005.
R. REQUEST FOR APPROVAL of Out -of -State Travel for Government
Investment Officers' Association First Annual Conference.
Rec: By Minute Motion, authorize the City Treasurer and Deputy City
Treasurer to attend the subject Conference to be held in Las Vegas,
Nevada, March 30 - April 1, 2005.
S. REQUEST FOR APPROVAL of Out -of -State Travel for the Institute of
Transportation Engineers (ITE) 2005 Technical Conference and Exhibit.
Rec: By Minute Motion, authorize the subject out-of-state travel for the
Transportation Engineer to Las Vegas, Nevada, February 27 -
March 2, 2005 - funds are available in Account
No. 110-4300-413-3120.
T. REQUEST FOR APPROVAL of Out -of -State Travel for the Institute. of
Transportation Engineers (ITE) Annual Conference.
Rec: By Minute Motion, authorize the subject out-of-state travel for the
City Engineer to Melbourne, Australia, August 7-10, 2005 - funds are
available in Account No. 110-4300-413-3120.
Councilmember Benson requested that Items 0 and P be removed for separate
discussion and action under Section XI, Consent Items Held Over.
Upon motion by Ferguson, second by Kelly, the remainder of the Consent Calendar
was approved as presented by a 4-0 vote, with Councilman Spiegel ABSENT.
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XI. CONSENT ITEMS HELD OVER
O. REQUEST FOR WAIVER of Fees Associated with the Desert Rose Society's
Annual Pruning Exhibition.
Councilmember Benson noted that the City usually contributes $1,000
toward this program, and she asked if that had been done this year.
Senior Management Analyst Pat Scully responded that what Councilmember
Benson was referring to was a separate request, which was another
budgeted item. This particular request was for the pruning demonstration
and was for a maintenance worker.
Councilmember Benson moved to, by Minute Motion, waive fees associated with
the subject event, scheduled to take place in the Palm Desert Civic Center Park Rose
Garden on Saturday, January 15, 2005, from 9:00 a.m. to 12:00 p.m. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
P. REQUEST FOR APPROVAL of Sponsorship for Soroptimist International of
Palm Desert's (SIPD) Ninth Annual Art & Wine Tour of El Paseo.
Councilmember Benson asked if the golf cart could be used the evening of
this event in addition to the Shopper Hopper because it would be easier.
Visitor Information Center Manager Donna Gomez responded that she had
met with Ruth Ann Moore, and the courtesy carts had been scheduled to be
used for this event rather than the Shopper Hopper.
Councilmember Benson moved to, by Minute Motion, approve the subject request
for sponsorship from SIPD in an amount not to exceed $1,300 and appropriate same from
the Unobligated General Fund for the event to be held on Friday, February 25, 2005.
Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Spiegel
ABSENT.
XII. RESOLUTIONS
A. RESOLUTION NO. 05-3 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS
RESOLUTION NOS. 99-112AND 03-50, REGARDING ORGANIZATION OF
THE SISTER CITY COMMITTEE AS IT RELATES TO MEMBERSHIP.
Mayor Crites stated that he had discussed this with both staff and the Chair
of the Committee, and they requested an amendment to provide
membership of a maximum of 13 members rather than 11 members.
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Mayor Pro Tem Ferguson moved to waive further reading and adopt Resolution
No. 05-3, as amended to provide membership of a maximum of 13 members. Motion was
seconded by Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
B. RESOLUTION NO. 05-4 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, CONCERNING CLOSED
SESSIONS OF JOINT POWERS AUTHORITY MEMBER AGENCIES.
Councilman Kelly disagreed with this resolution and said he had a lot of
questions and concerns, including exposing the JPA members to excessive
liability. He said this proposal was not asking the JPA to establish a policy;
instead, it was telling them this policy should be adopted. He felt it was
poorly written and had the potential for disagreement in interpreting the
language of the policy. He added that it would make it more difficult for the
JPA to operate because it would add more red tape.
Councilmember Benson said it was her understanding this would apply to
specific legal issues that were being discussed, not every Closed Session of
the JPA.
Mr. Erwin responded that it was not intended to be every Closed Session of
the JPA. He said it was to be only those issues that impact the City as a
member of the JPA. He added that there was currently a disagreement
about whether any one of the Councilmembers, as a member of the JPA, in
a Closed Session, could come back and discuss with other members of the
Council any issue that occurs there. Some attorneys take the position that
Councilmembers are violating the Brown Act when they do that. This was an
attempt to give Councilmembers permission to discuss those items that
would directly affect the City. He suggested perhaps continuing this item and
allowing him to discuss with Councilman Kelly the concerns he had.
Mayor Pro Tem Ferguson stated that he had had many discussions with
Councilman Kelly. He said the legislation had been amended several times
and was ultimately supported by the League of California Cities. He said he
had looked through the list of the City's JPAs, and the City spends millions
of dollars; he felt it would be financially irresponsible on the part of the
Council if there is a financial implication for the City, and only one member
of the City Council makes that decision without any input from the rest of the
Council.
Mayor Pro Tem Ferguson moved to waive further reading and adopt Resolution
No. 05-4.
Councilmember Benson said she was in favor of adopting the resolution;
however, she would agree to a continuance in order to allow the City
Attorney to discuss Councilman Kelly's concerns with him.
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Mayor Crites added that he was also very likely to vote in favor of adopting
the resolution, as he felt it was an excellent idea that was long overdue;
however, he had no objection to a continuance.
Mayor Pro Tem Ferguson WITHDREW his motion and moved to continue this
matter to the meeting of February 10, 2005. Motion was seconded by Benson and carried
by a 4-0 vote, with Councilman Spiegel ABSENT.
C. RESOLUTION NO. 05-5 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS
TO CREATE CUL-DE-SAC CLOSURES ALONG HIGHWAY74 FRONTAGE
ROAD AT THE SHADOW MOUNTAIN DRIVE TRAFFIC SIGNAL.
Mayor Pro Tem Ferguson moved to waive further reading and adopt Resolution No.
05-5. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Spiegel
ABSENT.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1076 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, CONSOLIDATING AND
AMENDING CHAPTER 9.24 IN SECTIONS 9.24.060 (H) AND (K), AND
9.24.075 (A) OF THE PALM DESERT MUNICIPAL CODE, RELATIVE TO
NOISE CONTROL.
MR. HUGH SCHAEFER, 77568 Calle Las Brisas N, said he had appeared
before the City Council previously on this issue. He said he had reviewed
the draft of the ordinance, and while he did not understand why the blowers
were separated from other noisy engines like lawn mowers and edgers, he
did not want to prolong adoption of the ordinance. He added that he wanted
to be sure that residents of the communities that would come under the
exemption would still have the right, within their own governing organizations,
to set their own hours as long as those hours did not violate the ordinance
itself.
Mr. Erwin responded that this was correct.
Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance
No. 1076. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman
Spiegel ABSENT.
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B. ORDINANCE NO. 1081 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE
NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE
FROM R-1 (RESIDENTIAL SINGLE FAMILY) TO O.P. (OFFICE
PROFESSIONAL) FOR A 0.9-ACRE SITE LOCATED AT THE
SOUTHWEST CORNER OF COOK STREET AND SHERYL AVENUE Case
No. C/Z 04-03 (William J. Worzack, Applicant).
Mrs. Gilligan stated that there had been no changes to this ordinance since
its introduction and first reading.
Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance
No. 1081. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman
Spiegel ABSENT.
C. ORDINANCE NO. 1088 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, DISSOLVING THE
TECHNICAL TRAFFIC COMMITTEE AND ASSIGNING ITS DUTIES TO
THE PUBLIC SAFETY COMMISSION, AND AMENDING
SECTION 10.12.030 OF TITLE 10 OF THE PALM DESERT
MUNICIPAL CODE.
Mrs. Gilligan stated there had been no changes since introduction of this
ordinance.
Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance
No. 1088. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman
Spiegel ABSENT.
With City Council concurrence, Mayor Crites suspended the agenda at this
point in order to take up Item XVI - Old Business, B.
XIV. NEW BUSINESS
A. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN
ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING
PLANS FOR AN 8-FOOT WALL FOR ENTRYWAY GATE FOR SINGLE
FAMILY RESIDENCE AT 72-922 GRAPEVINE STREET
Case No. MISC 04-54 (George Buono, Applicant).
Planning Technician Ryan Stendell reviewed the staff report and
recommendation to affirm the action of the Architectural Review
Commission.
Mayor Pro Tem Ferguson said one of the recommendations being sent to
Architectural Review with regard to front and street side yard walls was
20-foot setbacks for six-foot solid walls and 15-foot setbacks for five-foot
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solid walls. This particular request was for an eight -foot wall with a 19-foot
setback, and he asked how that would meet the criteria.
Mr. Stendell said that Council wanted an exception process. With the eight -
foot high exception process as it is now, staff felt it was not out of the
question for someone to go for the same exception under the new ordinance.
Upon question by Mayor Pro Tem Ferguson, Mr. Stendell confirmed that the
wall had already been built without a permit.
Mayor Crites stated that typically when exceptions are granted, the City looks
for circumstances that can tell the ordinance could not be applied, and there
were no such exceptional circumstances in this case. Mr. Stendell agreed.
Upon question by Councilman Kelly, Mr. Stendell reviewed the landscape
requirement for this property, noting that the Commission was satisfied with
the landscaping. Councilman Kelly asked what was being done to assure
that the landscaping was being done as it should be and also maintained.
Mr. Stendell responded that the Planning Department would make sure the
landscaping was done as it should be. As far as maintenance of the
landscaping, the City's Code Enforcement Officers were out in the field and
would cite the homeowner if the landscaping became a problem.
Mayor Pro Tem Ferguson asked if the applicant would be amenable to
allowing Council to review the landscape plans for the property, since the
wall has already been built.
MR. MIKE BUCCINO, landscape architect, said he felt it would be wise for
the landscaping to be reviewed.
Mayor Pro Tem Ferguson said it appeared that most of the landscaping was
inside the wall rather than outside. Councilmember Benson added that it
also looked like the landscaping was making the wall look bigger instead of
drawing away from the wall.
MR. BUCCINO said the landscape plan showed a lot of landscaping material
outside the wall in order to create a mood and a feeling of variety around the
project. He said the intent was to make the landscaping of the street
pleasant, exciting, and tasteful, not just a landscape feature for the front of
the house. There was variety to it as far as height, texture, and color as well
as openness and congested planting. He said he would be happy to review
with the Council any landscape design issues.
Mayor Crites said staff had just been directed to begin the process of a
Zoning Ordinance Amendment relating to perimeter wall height in single-
family zones, and he would not vote to approve something that directly
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violates that. He said he felt there was zero necessity for this when a six-foot
gate and wall would work fine.
Mayor Pro Tem Ferguson stated that the wall was already built, so whatever
the Council does would have economic consequences. On the other hand,
the wall was never approved, and if a permit had been applied for, this may
have come up earlier than this. He said he had driven down Grapevine
earlier that day, and this particular property was the only one likeit on the
entire street.
MR. BUCCINO stated that the Architectural Review Commission had
reviewed this project as presented to Council now and had approved it.
Mayor Pro Tem Ferguson responded that the Council had appealed that
approval.
Mayor Pro Tem Ferguson moved to continue this matter indefinitely during
processing of Zoning Ordinance Amendment Case No. 04-04. Motion was seconded by
Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
B. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN
ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING
PLANS TO REPLACE EXISTING FENCE WITH A 5-FOOT HIGH FENCE
IN FRONT OF THE HOUSE AT 43-825 CARMEL CIRCLE Case
No. MISC 04-63 (Steve Plant, Applicant).
Mr. Stendell reviewed the staff report and recommendation, noting the
request was to remove the wood painted fence portion of the wall and
construct a five-foot masonry wall in its place. Architectural Review
Commission requested that the wall on the street side (currently with a zero
setback) be constructed with a seven -foot -from -face -of -curb setback and that
it be stuccoed to match the home. He added that based on the state of the
deteriorating existing wall, it was felt an exception could be granted.
Although, he said staffs recommendation was to continue this matter during
processing of the Zoning Ordinance Amendment as in the previous case
above.
Mayor Pro Tem Ferguson moved to, by Minute Motion, continue the review until
issues involving potential front yard wall Municipal Code amendments are resolved. Motion
was seconded by Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
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C. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN
ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING A
5-FOOT FRONT YARD FENCE AT A SINGLE FAMILY RESIDENCE
LOCATED AT 74-855 FAIRWAY DRIVE Case No. MISC 04-65
(Charles Walford/Chris Keller, Applicants).
Planning Manager Steve Smith reviewed the staff report and
recommendation, noting that this proposal falls within both the current
ordinance and what is being considered under the Zoning Ordinance
Amendment. Staff recommended approval with the conditions of the
Architectural Review Commission.
Mayor Pro Tem Ferguson stated the he had visited the property earlier that
day. The elevation of the stakes that he saw there were approximately two
feet above the top of curb, which would in essence make this a seven -foot
wall 12 feet from the face of curb. He questioned whether the longest lineal
frontage on the double lot was being called a side yard, with the little part of
the circle where the property owner's driveway goes into the garage and his
air conditioning is located is being called the front yard for the purposes of
applying this ordinance. Mr. Smith responded that this was per direction in
the Code. Mayor Pro Tem Ferguson stated if the property owner had been
in the audience at this meeting, he would have wanted to see if the City
could work with him on doing something off of the court and preserve what
is otherwise a spectacular looking house.
Mr. Smith suggested perhaps continuing this matter and allowing the
applicant to appear before the Council; in the meantime, staff can go out and
do some measurements to see how much space there is.
Councilman Kelly stated that with the proposed ordinance amendment, he
was going to support a restriction on wooden fences and, therefore, this
particular fence would not fit with the new ordinance. He felt wooden fences
deteriorate too quickly and end up looking terrible.
Mayor Crites said his suggestion would be that wooden fences that are
visible from the public right-of-way would not be allowed. If someone wanted
a wooden fence in an area where no one could see it, that would be
acceptable. Councilman Kelly agreed.
Mr. Smith stated that one of the reasons this particular matter was referred
to Architectural Review Commission was that it was not an approved
material, and that was part of their reasoning for reducing the height.
Councilmember Benson moved to continue this matter indefinitely during processing
of Zoning Ordinance Amendment Case No. 04-04. Motion was seconded by Ferguson and
carried by a 4-0 vote, with Councilman Spiegel ABSENT.
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D. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN
ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING
PLANS FORA SECOND UNIT IN THE REAR YARD OF A SINGLE FAMILY
RESIDENCE LOCATED AT 74-123 WINDFLOWER COURT
Case No. MISC 04-66 (Edward S. Rickter, Applicant).
Planning Technician Ryan Stendell reviewed the staff report and
recommendation.
Councilmember Benson stated that with regard to staff's comment that this
would not change the character of the neighborhood, this was a fairly new
house, and most of the lots in that area are about the same size. While it
would not change the character of the neighborhood if one property had a
guest house that is a rental, it certainly would change if everyone on the
block does the same thing.
Mr. Stendell responded that there is no portion of the ordinance that this
applicant does not comply with and staff, therefore, felt there was no basis
for denial on this particular application.
Mayor Pro Tem Ferguson asked for clarification of "for rental purposes." He
asked if someone could rent to family members with one dollar leases, etc.
Mr. Erwin responded that all of those would be considered rental purposes.
Upon further question by Mayor Pro Tem Ferguson, he said nowhere was
"for rental purposes" defined, and compliance would be through Code
Enforcement.
Councilmember Benson recalled a second unit over on Arboleda where the
homeowners were renting it out for party purposes, which caused complaints
by the neighbors. She said she could not imagine someone wanting to put
a rental unit in their back yard, especially in this upscale neighborhood.
Mayor Pro Tem Ferguson asked if an application for a pool casita in the back
yard (for the homeowner's own personal use and with a kitchen) would also
have to go through design review.
Mr. Stendell responded that the City's ordinance states the second unit be
for rental purposes only.
Mr. Drell added that if the unit does not have full living accommodations and
is an accessory structure under the ordinance, it cannot be rented. It would
not be subject to any of the other requirements of the second unit law
because it is looked at as part of the main dwelling. With this particular
project, the applicant does not have to rent it, although he would have the
ability to do so under the City ordinance and State law. It could be rented to
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anyone, just like any other piece of rental real estate in California. Upon
question by Councilman Kelly regarding compatibility with the neighborhood,
he said compatibility is defined by conformance to the regulations that the
City has established.
Mayor Pro Tem Ferguson questioned Item D on page 2 of the staff report
which states "The unit shall be for rental purposes only." Mr. Drell responded
that this means it cannot be sold, although it can be occupied as a dwelling
unit and rented under State law. The homeowner has the ability to rent the
unit if he/she complies with all the regulations but is not required to do so.
Mayor Pro Tem Ferguson stated that Municipal Code Section 25.21.040(D)
says the unit "shall" be for rental purposes only, and he did not know how
that could mean personal use.
Councilman Kelly expressed concern with the second unit because the City's
Zoning Ordinance requires that single-family Tots be of a certain size.
Allowing a second unit means the lot becomes half the size and would no
longer meet the Zoning Ordinance requirement. He did not feel it was
compatible with the neighborhood.
Mr. Drell noted that State law specifically makes these second units
compatible with single-family zoning and general plans. He said it was a
fundamental feature of the State law. In order to rent out the second unit,
the primary unit has to be owner -occupied.
Mayor Pro Tem Ferguson stated that the fundamental feature of the City's
ordinance does not read that way to him, and until it does, he would vote
against it.
Upon question by Mayor Crites, Mr. Erwin responded that a decision must
be made within 60 days.
MR. ED RICKTER, owner and architect for this project, said he did not know
whether this second unit would be for rental or personal purposes. He said
he did not have a personal problem with the exception taken by Mayor Pro
Tem Ferguson regarding the wording of the City's ordinance that it "shall" be
used only for rental purposes, but he understood staff's position that the
wording was so in order to exclude selling of the second unit. He added that
he would not have a problem with the language stating that it "shall be used
for rental or personal purposes." He did, however, have a problem if this was
going to be deliberated for another 60 days because it would impact all of his
work and effort to get things going on this project under State and City law.
He said he had put a lot of money into this house and felt he was completely
within his legal rights to put in this second unit. With regard to
Councilmember Benson's concern about what would happen if everyone on
the block wanted to put a casita in their back yards or rent one out, he said
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it was still subject to maximum lot coverage requirements. He noted he had
a quarter -acre lot, .28 acres exactly, 12,000 square feet, and there were only
three lots that size on the block. The maximum build out is 35% of that lot
area, and most of the homes in that neighborhood range from 2,100 square
feet to about 2,800 square feet. That 35% has to include living space of the
existing house, the garage, and any proposed structure. This would take
care of Councilmember Benson's concern because not every house would
be able to do this.
Councilman Kelly said when the City's second unit ordinance was adopted,
the Council did not want those second units to be rented in an area like this.
If it came to the Council not as a rental but as a guest house or granny flat
or something like that, he felt the Council might be more inclined to approve
it.
Mayor Crites stated that State law, which trumps City ordinances, states that
homeowners can build the second units and rent them as long as they
comply with all the requirements. He asked if the applicant would have a
problem with Item D on page 2 of the staff report stating "The unit shall be
for rental purposes or personal use only."
MR. RICKTER said he would have no objection to this wording, providing
action on his project does not get strung out for a lengthy period of time.
Mr. Erwin stated that this was part of the City's Zoning Ordinance, and any
amendment would need to go through the public hearing process.
Mayor Crites moved to, by Minute Motion, affirm the action of the Architectural
Review Commission dated December 14, 2004, conditioned upon Applicant's agreement
with the requirement that the second unit be for rental purposes or personal use only.
Motion was seconded by Benson and carried by a 3-1 vote, with Mayor Pro Tem Ferguson
voting NO and Councilman Spiegel ABSENT.
Additionally, with City Council concurrence, staff was directed to initiate appropriate
proceedings to clarify the language of the City's "Second Unit Ordinance" so that it
comports with State Law while addressing the City's intent that a second unit be
only for the purpose of, preferably, personal use or for rent.
E. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT FOR
JANITORIAL SERVICES AT THE CITY OF PALM DESERT PARKVIEW
OFFICE COMPLEX (CONTRACT NO. C22161).
Councilmember Benson moved to, by Minute Motion, approve extension of the
subject contract with D. W. Nicholson, LLC, d.b.a. Desert Building Services,
Rancho Mirage, California, for one additional year (January 1 - December 31, 2005) and
authorize the Mayor to execute same — funds for the annual cost of $73,020 are available
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in Account No. 520-4195-495-3696. Motion was seconded by Kelly and carried by a 4-0
vote, with Councilman Spiegel ABSENT.
F. REQUEST FOR CONSIDERATION OF "EMBRACING THE DESERT":
A PROGRAM OF TEMPORARY PUBLIC ART PROJECTS.
Public Arts Manager Richard Twedt reviewed the staff report and
recommendation. Responding to comments and question by the City
Council, he affirmed that a definition of "emerging artists" would be provided
in the finalized program.
Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Concur with the Art In
Public Places Commission's recommendation to approve the subject program; 2) approve
funding for same in the amount of $39,000 from Art In Public Places Budget Account No.
436-4650-454-4001. Motion was seconded by Benson and carried by a 4-0 vote, with
Councilman Spiegel ABSENT.
G. REQUEST FOR APPROVAL OF PROPOSAL FOR FRESHENING THE
COUNCIL CHAMBER MURAL (CONTRACT NO. C23320).
Mr. Twedt reviewed the staff report and recommendation, offering to answer
any questions.
Councilmember Benson asked if anything was being planned as far as
lighting of the mural. Mr. Twedt responded that he could get some quartz
halogen lighting on the mural, which would make it look a little brighter.
MR. BILL WARE, the artist, addressed the Council and responded to a
question by Mayor Pro Tem Ferguson as to whether the original mural had
ever been completely finished. He said he had been asked that same
question 20 years ago, and it had always been his intention to leave the one
corner bare so that it would look like the natural desert, relating that his view
of the desert at that time was about his love for the hottest part of the
summer. Since that time, he'd become more appreciative of the rest of the
desert's year, especially the beauty of springtime. He reviewed what he
planned to do as far as "freshening" the mural —adding color, vegetation, and
animal life.
Councilmember Benson moved to, by Minute Motion: 1) Concur with the Art In
Public Places Commission's recommendation to approve the subject proposal by Bill
Ware; 2) approve funding for same in the amount of $16,800 from Art In Public Places
Budget Account No. 436-4650-454-4001 and $5,200 from Art In Public Places Budget
Account No. 240-4650-454-3372. Motion was seconded by Ferguson and carried by a 4-0
vote, with Councilman Spiegel ABSENT.
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XV. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF FINAL PARCEL MAP NO. 30342
(SGH Partners, L.P., Applicant) (Continued from the meetings of
November 18, and December 9, 2004).
Mayor Crites said staff's recommendation was to continue this matter.
Mayor Pro Tem Ferguson moved to continue this matter indefinitely. Motion was
seconded by Kelly and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF AN AGREEMENT FOR DEVELOPMENT
AND PRODUCTION OF A TELEVISION COMMERCIAL AND OTHER
RELATED MATERIALS TO PROMOTE RECYCLING EFFORTS IN THE
CITY (CONTRACT NO. C22030).
Mayor Pro Tem Ferguson stated for the record that due to his representation
of Waste Management, he would be abstaining on this matter, and in
accordance with State law, he recused himself from the Chamber prior to
any discussion or action.
Councilman Kelly moved to, by Minute Motion: 1) Authorize the Mayor to enter into
the subject agreement with Lawrence Company, Santa Monica, California, in an amount
not to exceed $132,040 for the development and production of a television commercial, a
Recycle Grab Game (on CD), a coloring book, and other recycling related materials
designed to promote the City's recycling programs; 2) authorize the expenditure for airtime
coverage of said commercial in an amount not to exceed $16,000; 3) appropriate funds in
the amount of $148,040 from Account No. 236-4195-454-3090 for this purpose.
Councilmember Benson seconded the motion, commenting that she hoped this
effort would be carried into the schools, and it carried by a 3-0 vote, with Mayor Pro Tem
Ferguson and Councilman Spiegel ABSENT.
B. CONSIDERATION OF THE INITIATION OF ZONING ORDINANCE
AMENDMENT WITH RESPECT TO WALL HEIGHTS/LOCATIONS IN
SINGLE FAMILY DISTRICTS Case No. ZOA 04-04 (City of Palm Desert,
Applicant).
Mayor Crites stated he felt this item should be taken out of order, as it will
impact City Council action on items under New Business dealing with
Architectural Review Commission decisions.
Planning Manager Steve Smith reviewed the staff report, including the three
suggested means of addressing the issue of walls in the front and street side
yards of single-family residences: 1) limiting the amount of linear street
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frontage that can be enclosed by a solid six-foot wall to 40% and open
fencing (wrought iron) at six feet to 60%; 2) moving six-foot solid walls farther
back from the street (Le., five-foot high solid walls leave at 15 feet from curb,
but move six-foot high solid walls back to 20 feet from curb); 3) limiting solid
walls in front yards to a maximum height of three feet, but allow up to a total
height of six feet if the top section is wrought iron. Staff was requesting
Council direction to begin the normal Zoning Ordinance Amendment
process, scheduling a public hearing before the Planning Commission, with
input from the Architectural Review Commission, and ultimately a public
hearing before the City Council. He said staff did have an ongoing
processing concern in that while Councilmembers do see notices of action
from Architectural Review Commission, they do not get noticed on the items
processed by staff over the counter. During this amendment process,
Council may wish to direct that any fences that fall into the categories being
reviewed be directed through the Architectural Review Commission. He
offered to answer any questions.
Upon question by Mayor Pro Tem Ferguson, Mr. Smith responded that this
would apply to street side yard walls as well as front yard walls but not
interior side walls, unless Council wanted staff to look at those as well.
Mayor Pro Tem Ferguson noted that he had visited the properties for all
three applications before Council under New Business and could see there
are very bona fide privacy interests on side yards because the back yards
were where homeowners wanted their privacy. He said a concern it raised
was the possibility of having solid six-foot walls along entire streets instead
of single-family homes, which is what the City had envisioned in its
residential communities.
Councilman Kelly said it was his suggestion to limit the solid walls in front
yards to a maximum of three feet while permitting up to a total height of six
feet if the top section of the wall is wrought iron. He said there were cases
where people also need privacy in their front yards if, for instance, they have
their pools in the front yard rather than the back. He said he felt there should
be significant enough setback so that there can be landscaping that keeps
it from looking like just a row of walls. After reconsidering his suggestion, he
said his preference now was to allow walls up to six feet with setbacks to
allow landscaping and have landscaping be a requirement. This way
residents and the City could both have what they need, privacy for residents
and ambiance in the neighborhoods. Upon question by Councilmember
Benson as to whether his suggestion to allow six-foot walls in the front was
only if the residents could not have their privacy in the back, Councilman
Kelly responded that this was not necessarily the case. He said he agreed
with the recommendation for 15-foot setbacks forfive-foot solid walls and 20-
foot setbacks for six-foot solid walls was a good idea as long as homeowners
who want the six-foot walls will abide by the 20-foot setback requirement and
install landscaping in that setback area.
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Councilmember Benson said she would be in favor of allowing the six-foot
solid wall in front if they could not do it in the back yard. Although, she
expressed concern with allowing them in the front as a rule.
Mayor Pro Tem Ferguson stated there are situations where homeowners do
not have back yards or they have reverse footprint houses where the front
of the houses have courtyards. He said he liked the idea of having open
style fencing above three feet. He noted the neighbor across the street from
his home, who does have a reverse footprint home and open style fencing,
has landscaped the area with bougainvillea and other types of plants that
grow among the wrought iron. They get the coverage they want without the
big setback, and the neighborhood ends up getting a beautiful wall as
opposed to just a flat wall. He said he felt this meets both the property
owner's and the City's interests. He liked staff's idea about the setbacks and
Councilman Kelly's idea about the three-foot wall, and he would like to see
an exception process so that if someone has an irregular shaped lot or there
are some compelling reasons, architecturally or otherwise, the City can
deviate from that rule if needed, while the general rule would be open -style
fencing.
Mayor Crites stated another possible suggestion would be to have both the
Architectural Review Commission and the Planning Commission look at this
"menu" of ideas, with direction that the City Council does not want to turn the
R-1 neighborhoods into series of street side walls that make every home look
like a gated community. Given that as a starting spot, they could use their
expertise to draft an ordinance they feel best suits the needs of homeowners
and aesthetic values for the community. In the meantime, during the subject
Zoning Ordinance Amendment process, future applications for walls in
single-family districts would be processed through the Architectural Review
Commission.
Councilman Kelly moved to, by Minute Motion: 1) Direct staff to process a Zoning
Ordinance Amendment as it relates to perimeter wall height/locations in single family
districts; 2) direct staff to process all future applications for walls in single family districts
through the Architectural Review Commission during the subject Zoning Ordinance
Amendment case review. Motion was seconded by Ferguson and carried by a 4-0 vote,
with Councilman Spiegel ABSENT.
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XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT
MUNICIPAL CODE, SECTION 25.58.310 (D), CLARIFYING THE OFF-
STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND
KINDRED USES Case No. ZOA 04-02 (City of Palm Desert, Applicant)
(Continued from the meeting of November 18, 2004).
Planning Manager Steve Smith reviewed the staff report and.
recommendation. He noted that staff had no issue with the first two
subcommittee recommendations as stated in the . staff report. However,
while the subcommittee felt the provision allowing up to a 15% reduction for
non -usable floor area such as stairways, elevators, landings, interior
mechanical rooms, and restrooms should be deleted, staff felt it should be
discussed further as, by policy, staff has used it in the Service Industrial
District for many years. It was generally felt that the parking standards had
been established at a sufficiently high level to accommodate the vast
majority of contemplated uses. In addition, developers were required to
provide larger restroom areas in order to accommodate the handicap
requirements, and they were also providing more common amenities that are
non -leasable space, which enhance the project but do not create a demand
for parking.
Councilmember Benson reminded her colleagues of her continuing issue
with Manor Care on Country Club Drive, which had significantly increased
the scope of services it provides since its original approval without providing
any increased parking area.
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.
Councilman Kelly said he did not feel any part of the building should be
excluded, including stairways, elevators, etc., and this may help alleviate the
parking shortage created by the future expansion of a business.
Upon question by Mayor Pro Tem Ferguson, Councilman Kelly responded
that a Council subcommittee had been appointed at the last meeting to work
on this matter, himself and Councilman Spiegel. Mayor Pro Tem Ferguson
asked if the businesses out there had an opportunity to comment on this
amendment.
Mr. Smith responded that staff did not go around and discuss this with the
business, but this public hearing and proposed amendment were duly
noticed.
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Mayor Pro Tem Ferguson asked, if the Council were to approve this as
recommended by the subcommittee and there was a case where someone
fell into this 15% category, would they then have to apply for a variance. He
asked if there was an exception process.
Mr. Smith responded that they would have to apply for a variance.
Councilman Kelly moved to waive further reading and pass Ordinance No. 1086 to
second reading, amending Palm Desert Municipal Code Section 25.58.310(D) as
recommended by the subcommittee. Motion was seconded by Benson.
Mayor Pro Tem Ferguson stated that his reasoning in allowing an exception
was so that the applicant would not have to go through the variance process.
Council would have the ability to approve or deny the exception.
Councilman Kelly stated that applicants always have the right to ask for
something outside of the adopted policies. If someone felt they had a
special reason for not including the restrooms, storage areas, etc., they
would have the opportunity to request that in their application.
Mr. Smith suggested amending the Ordinance on page 4, first paragraph, to
include wording that the City Council may consider an exception to reduce,
by up to 15%, the floor area for that which is non -usable.
Councilman Kelly amended his motion to waive further reading and pass Ordinance
No. 1086 to second reading, amending Palm Desert Municipal Code
Section 25.58.310 (D), as amended to reflect that upon an applicant's request, the City
Council may consider an exception to reduce, by up to 15%, the floor area for that which
is non -usable (i.e., stairways, elevators, landings, interior mechanical rooms, and
restrooms). Councilmember Benson amended her second, and the motion carried by a
4-0 vote, with Councilman Spiegel ABSENT.
B. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-1 TO
OFFICE PROFESSIONAL AND A PRECISE PLAN OF DESIGN TO ALLOW
THE CONSTRUCTION OF A 1,826 SQUARE FOOT GENERAL OFFICE
BUILDING LOCATED AT 44-447 PORTOLA AVENUE Case Nos. C/Z 04-05
and PP 04-31 (Bob and Marilyn Ford/Franco Laulainen, Architect,
Applicants).
Assistant Planner Tony Bagato reviewed the staff report, noting that the
proposed building was single story, 15 feet high, with an 18-foot tower
element. Staff recommended approval of the project.
Mayor Crites stated that the staff report compared the project with the Office
Professional zone standards; however, he did not see a comparison with the
standards for the surrounding residential properties.
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Mr. Bagato responded that this project met the standards of the residential,
R-1, single-family zone. Upon further question by Mayor Crites, he
confirmed that there was nothing asked for that was outside of those
standards in terms of the building itself, including not exceeding the lot
coverage.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this project.
The following were opposed to the project because of traffic impacts, it would set
a precedent for allowing other Office Professional projects in the neighborhood,
height of the tower element, parking, Portola Avenue is not wide enough at this
point in time, etc.
MS. MING LOWE, 73-985 Catalina Way, said she had submitted a letter
expressing her opposition to the project (on file and of record in the City
Clerk's office).
Mayor Pro Tem Ferguson commented that there had been a debate during
the General Plan discussions about what to do with Portola. Recognizing
that the City is working hard to get an interchange at Portola and Interstate
10, Portola over time is going to become a major north/south corridor with
the development in the North Sphere. As with Fred Waring and Monterey
and the addition of a third lane, the City will have to relocate people and take
some property. He said Councilman Kelly was of the opinion that the City
ought to try and purchase properties on Portola when they are for sale and
leave them as open space. A couple Councilmembers thought Office
Professional should be encouraged but only with the existing residential -style
dwelling units and only as long as they are setback far enough so when the
City does have to take that land, no new developments are impaired. From
his bias, he said the City certainly had no intention of ever doing anything
with the two City -owned lots on Portola other than land banking them.
MS. RAMONA FLETCHER, 73-969 Olive Court, Palm Desert, said she and
her neighbors had not received any notification of proposed changes on
Portola. All were opposed to having Office Professional. She said this was
a very dedicated neighborhood, and she would like to see it stay that way for
the children and the older people who live in this area.
MS. JEAN MARTIN, 44-276 San Jose Avenue, Palm Desert.
MS. ANNE WALKER, 74-539 Monte Verde, Palm Desert, said there was
another gentleman, Mr. Travaris (sp?) who had to leave but who asked that
she convey to Council his opposition to the proposed project. She said she
would encourage Councilman Kelly's plan of parks or something like Fred
Waring along Portola, which she felt would be a better use of the property.
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MR. DON KENNEDY, owner of property on the southwest corner of Catalina
and San Jose in Palm Desert.
MR. ANTHONY PITEL, 44-399 Lingo Lane, Palm Desert.
With no further testimony offered, Mayor Crites declared the public hearing closed.
Mayor Pro Tem Ferguson stated that the original intent in doing this with
mixed Office Professional was to benefit these neighborhoods, not to hurt
them, and to provide the property owners along Portola who have
deteriorating property values with the increased traffic an economic
opportunity to opt out. Given the paucity of such property owners here
tonight and the number of folks who care about the integrity of their
neighborhood, he said he was wondering whether or not the City may want
to just acquire these when the come up for sale and hold them. He said he
was convinced enough that this was probably not the thing to do.
Councilman Kelly said he was opposed to any kind of commercial
development or change of zone on Portola.
Councilmember Benson stated that she was not necessarily opposed to any
change of zone on Portola; however, she was opposed to starting it out in
the middle of the block. She also felt it was important to look out for the
welfare of the children going to school along Portola. Also, adding traffic at
this point when it is not know what will eventually happen in that area she felt
was a bit premature. She said she would be against changing the zone at
this time.
Mayor Crites said he felt the architecture of this proposed building was as
close to residential as the City could ever get with Office Professional.
Upon request from a member of the audience, Mayor Crites reopened the public
hearing.
MR. ROBERT FORD, Applicant for the project, said he believed they had
done everything requested of them by the Architectural Review Commission
and the Planning Commission. In fact, they had received accolades for the
design of the building being residential in nature. He appreciated the
comments made by the neighbors, but he felt some of those comments were
simply not true. He said the seven parking spaces were not because there
were seven employees but because the building size required that. There
would be one or two people there on a daily basis, which is no more than
would be at a residential house. It would be a real estate office owned by
him and his wife. He agreed this is a residential area with a lot of children,
but he felt it was far more dangerous to try and back out from one of those
houses onto Portola than it would be to turn into his proposed parking lot.
He felt this was a much better use for the site than a residence, and it would
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be a great benefit to property owners as far as their property values were
concerned. It was not a business that would be open at night, and he felt it
would not create a hardship to any of the neighbors. The neighbor behind
them would be 52 feet away from the office building, and he felt it would be
an upgrade to the neighborhood to have this beautifully designed building.
Mayor Crites reclosed the public hearing.
Mayor Crites said again that he felt the architecture of the building was as
close to residential as it could possibly be, with or without the issue of the 18-
foot tower, which he would probably not vote for. In terms of traffic impact,
the traffic already on Portola would not notice the difference of cars in or out,
whether it be seven or 24 or 44. The other side of the issue, though, was
that the entire neighborhood did not agree that this would benefit, improve,
add to, or do anything else to add to the value of their properties. He said
this was as good an Office Professional project as we will ever see for this
area, and if the Council and the neighbors do not like it, that designation
ought to be dumped.
Mayor Pro Tem Ferguson agreed with Councilmember Benson with regard
to starting Office Professional in the middle of a block. If the residents came
to the City and said they felt this would be a good project, it would be a
different story, but right now the neighborhood does not like it.
Councilman Kelly moved to, by Minute Motion, deny the application for Case
Nos. C/Z 04-05 and PP 04-31 and directed staff to prepare a resolution of denial for the
change of zone. Motion was seconded by Ferguson and carried by a 4-0 vote, with
Councilman Spiegel ABSENT.
With City Council concurrence, staff was asked to bring to the next City Council
Meeting a report to initiate proceedings for a General Plan Amendment regarding
the O.P. designated properties on Portola Avenue between Santa Rosa Avenue and
DeAnza Way.
With City Council concurrence, Mayor Crites called for a recess at 6:37 p.m.
He reconvened the meeting at 6:42 p.m.
C. CONSIDERATION OF THE APPROVAL OF A PRECISE PLAN OF DESIGN
FOR A COMMUNITY CENTER FACILITY ON AN 8.5-ACRE SITE AT THE
SOUTHWEST CORNER OF PORTOLA AVENUE AND JULIE LANE,
1,600 FEET SOUTH OF GERALD FORD DRIVE (36-775 PORTOLA
AVENUE) Case No. PP 04-23 (Jewish Federation of Palm Springs,
Applicant).
Planning Manager Steve Smith reviewed the staff report, noting this matter
was before Council because of the requested height exceptions, first with
respect to the gymnasium facility proposed to be 27 feet at its peak
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(maximum allowable was 24 feet) and 22 feet at its edges. The second
exception was the welcome sign which was currently shown at 30 feet in
height. Architectural Review Commission granted preliminary approval,
subject to reduction in height on the welcome sign by four to five feet. The
Commission also had concerns with the color palette and conditioned it to
require specific approval of the colors during the construction process.
Planning Commission recommended approval of the plan (on a vote of 3-2)
including the height exception for the gym facility, which it felt was warranted
based on the use and location. Individual Planning Commissioners
commented on the height of the welcome sign; however, the Commission as
a whole did not take a position on the merits of the height of the sign.
Mayor Crites asked if the applicant had shown a willingness to meet the
height requirements.
Mr. Smith responded that he had spoken with the applicant, and he did
indicate a willingness to bring the tower element to 24 feet; however, he
would like to continue with the 27-foot on the gym, as it would only provide
them the basic minimum interior clearance for a gym facility.
Mayor Crites said it could also be resolved by lowering the pad. He said this
was a residential neighborhood, and this proposed project was supposed to
fit in with that. With regard to chain link fencing for five years, he asked if
that was a normal thing to do on phased projects.
Mr. Smith responded that it was not the normal thing to do but was
something the applicant specifically requested. He said it would be
landscaped. He added that the way the condition read was that if they have
not proceeded with Phase 2 within five years, the chain link would have to be
removed and replaced with an approved material.
In answer to Councilman Kelly about the intended build -out of streets in this
area, Mr. Smith said there were currently streets on three sides of this
project. He went on to say that Shepherd Lane extended south from Julie
Lane, providing access to Academy, and it dead -ends at that point. He said
Shepherd Lane was projected to run along the west side of the subject
property, it wasn't yet fully improved but would be. The only side of this
project without a road would be the southern side where there were currently
homes.
Mayor Pro Tem Ferguson questioned the side setback from the south to the
wall of the gym. Mr. Smith responded that it would be 62 feet. Mayor Pro
Tem Ferguson stated that the increased three feet for the tower element
would, then, be seen by residents from 60 feet away, and Mr. Smith agreed.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this request.
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MR. RON GOLDMAN, Architect for the project, 24955 Pacific Coast
Highway, Malibu, California 90265, reviewed the design of the project, noting
that the 30-foot tower was set back 110 feet from Portola, 200+ feet from
Julia Lane, and close to 500 feet from Shepherd Lane. Lowering the tower
to 24 feet would not make it visible from two directions, and if Council so
desired, they were prepared to accept the 24-foot height. With regard to the
height of the gym, however, the height was a functional requirement. The
minimum suggested height in all the standards was 23 feet, with a maximum
of 41 feet. The requested 27 feet was only in the middle, and it would taper
down to 22 feet at the edges; the roof structure itself would be three to three
and a half feet, so they were left with a 23 to 231,E-foot ceiling height just at
the very center. He said they were in agreement with all of the conditions
suggested by staff, with one clarification. With regard to Condition #12
(under Department of Public Works) as to the full improvement of Shepherd
Lane, he asked that this be clarified. He said right now, that is a full street
and a half street. Because they are not improving that side of the property,
he requested that this be clarified to require the full improvements to Julie
Lane to the north in Phase 1 and the balance of Shepherd Lane to the west
and south when Phase 2 has commenced; or putting a time limit on this,
perhaps five years, that if Phase 2 does not occur within a reasonable
amount of time, the street is then improved. He also discussed what they
saw as the burdens and benefits of this project.
MR. PHILLIP BARNES, resident of the area, expressed concern with the 24-
foot height limit and said he would like to see it observed. With regard to the
chain link fence, he felt it would detract from the neighborhood.
MR. JOSEPH PLATT, resident of Academy Lane, expressed concern with
Julie Lane and asked if it would be widened.
Mr. Smith responded that yes, the lanes would be through, left, and right.
MR. MATT GERHART, 35 Overland Court, Palm Desert, said a lot of his
concerns were addressed in the remarks made by the architect. With regard
to the community center, the architect mentioned that it would be like a
community park, and he asked if it would be similar to the City park where
it would be accessible and kids could go in and out when there is no school.
He felt this would be something good for the community. He was concerned
with the size of the trees at 22 feet, although he understood the line of sight
with the gymnasium and the height of the gym itself. He appreciated the
applicant agreeing to drop the height of the tower to 24 feet. His only other
question was whether there would be any lights at night past 10:00 p.m.
Mayor Crites invited the applicant to respond to comments and concerns raised.
MR. GOLDMAN stated that with regard to a question raised by Mayor Crites
relative to lowering the gym floor, they had considered that; however, it would
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create a number of complications in terms of drainage and handicap access
from the site immediately around it. In terms of the 22-foot trees, it was a
condition put on this project by the Planning Commission and staff that the
trees be mature trees and planted in Phase 1. Upon question by Mayor Pro
Tem Ferguson relative to the trees being placed on the property line itself,
he responded that they had been asked to provide a 12-foot landscape
buffer with a line of mature trees going along that south property line. In
terms of the fencing being unsightly, he said they were planning to plant
vines on it. If it would help, they would also pull the fencing off of the west
property line by ten or 20 feet, but they did need to secure the site for liability
reasons, for dust storms in terms of stabilizing the property, etc.
Mayor Crites asked if the applicant was also planning to have the fence be
a beige color to match the desert. Mr. Goldman responded that this was
good idea.
MR. GOLDMAN said a question was raised about whether this property
would be available at off hours to the community. He said there were issues
of liability, supervision, maintenance, etc. With regard to nighttime lighting,
he said there were programs that could possibility extend after 10:00 p.m.
He added that it was his understanding there was a minimum of one -foot
candle required for minimum security, and they would adhere to that
minimum. Upon question by Mayor Crites, he agreed that when programs
or activities are over, there would be no lighting there except what is
necessary for security. He also noted that there were several areas of the
parking lot that would not need to have the high lighting because they could
have bracket lights on the inside of the 42-inch high wall.
Upon question by Councilman Kelly relative to nighttime games at the
softball diamond, Mr. Goldman stated there was no night lighting provided,
and there would be no nighttime playground activity.
Mayor Pro Tem Ferguson expressed concern with having 22-foot trees along
the southern perimeter of the site and asked if Planning Commission had
given any thought to this.
Mr. Smith responded that the condition actually states that the applicant, as
part of the first phase, shall design and implement the landscape buffer area
along the south property line. He said the intent was to have in place, when
the soccer/softball facility comes in to play in the second phase, an effective
buffer there. He said he had met with the property owner on the corner lot
at Academy Lane backing onto this area, and they specifically said they did
not really care for trees.
Mayor Crites suggested adding wording that the southern perimeter
landscaping be in consultation with the neighboring residents.
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MR. DON ARISTO, 74-134 Academy Lane East, also expressed concern
about the trees and felt they were too close to the property line.
Upon question by Mayor Pro Tem Ferguson, Project Landscape Architect
Ron Gregory responded that there would be landscaping on the south side
of the gym. With regard to the 22-foot trees, he said they would be open to
some input from the neighborhood as well as staff to come up with a suitable
tree that would make most people happy.
Upon question by Councilman Kelly, Mr. Smith responded that Shepherd
was a half street at some points. Councilman Kelly stated there was a
request by the applicant to not complete this part of the street where it is not
developed. Mr. Smith responded that it was the position of staff that those
improvements should go in during the first phase to include widening and
curb & gutter. Councilman Kelly also suggested that consideration be given
to improving Shepherd Lane now under the City's Ordinance No. 416.
MR. PHILLIP BARNES, 74-104 Academy Lane, said residents were really
not looking forward to trees along the property line; however, it would be
great if the gym could be screened off with trees, having the trees close to
the gym.
With no further testimony offered, Mayor Crites declared the public hearing closed.
Mayor Pro Tem Ferguson said he was delighted with this project, now that
the architect had thoroughly gone through it. He felt this had all of the look
and feel of a school for kids and education in the Hebrew tradition, and he
felt it was a wonderful asset. He felt strongly that they should have a gym in
which to play basketball, and most of the issues had been tended to with
regard to the 27-foot screening. He was very much against a 30-foot tower
until he really went through the site elevations. He agreed with Public Works
Condition #12 relative to full improvement of affected streets during the first
phase.
Councilmember Benson said she felt it was a good project, although she was
not so sure it was right for that area; however, she would not want to see the
30-foot tower. If the project is so good and so much needed, people will find
it without having to look up at a tower.
Councilman Kelly agreed and emphasized his desire to have the full street
improvements as required in Condition #12. With regard to the tower, if the
applicant was willing to reduce it, he felt that should be done since there was
some opposition to it.
Mayor Crites said he felt this was a remarkably impressive set of buildings.
It is going to be an attractive project, with excellent landscaping. He
reviewed conditions noted by Council as follows: 1) southerly boundary tree
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landscaping be moved closer to the gymnasium structure so as to minimize
any line of sight issues; 2) applicant willing to change the chain Zink fencing
to be of a color to best blend with the surroundings of the area so that it
minimizes the noticeability; 3) tower element being lowered to 24 feet.
Mayor Pro Tem Ferguson moved to waive further reading and adopt Resolution
No. 05-8, approving Case No. PP 04-23, as amended per the discussion at this meeting,
to include: 1) Lowering the tower element to 24 feet in height; 2) landscaping alongthe
e
southern perimeter of the site, if any, to be in consultation with the neighboring residents;
3) Public Works Condition No. 12 to be upheld for full improvement of affected streets
during Phase I of the project; 4) nighttime lighting to be extinguished at 10:00 p.m. or
immediately at the conclusion of any nighttime activity if after that time; 5) temporary chain
Zink fencing to be of a color to blend with the project surroundings (i.e., beige in color).
Motion was seconded by Benson and carried by a 4-0 vote, with Councilman S el
ABSENT. p g
D. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN FOR A
52,164 SQUARE FOOT WAREHOUSE/SHOWROOM BUILDING AND
HEIGHT EXCEPTION ON LOT 35 OF PARCEL MAP NO. 24255
(73-550 DINAH SHORE DRIVE) Case No. PP 04-30
(Development Resource Consultants, Applicant).
Planning Manager Steve Smith reviewed the staff report and offered to
answer any questions.
Upon question by Mayor Pro Tem Ferguson, Mr. Smith said the blank west
elevation was obscured by the building on the site to the west. Mayor Pro
Tem Ferguson further asked if that would be built with the Gateway Center,
and Mr. Smith responded that it was an individual lot which went parallel with
this application to Planning Commission. It did not have a height exception,
was approved, and basically was two weeks ahead of this application.
Councilmember Benson asked why a building or business like this needed
137 parking spaces. Mr. Smith responded that per Code, it would need 111
spaces, and the developer had chosen to provide the additional.
Mayor Crites declared the public hearing o en and invited testimony in FAVOR of
or in OPPOSITION to this request. With no testimony offered, he declared the
public hearing closed.
Mayor Crites suggested some kind of decorative relief on the northern
elevation of the project, which he said would avoid the same type of visual
effect (blank expansive wall) of other buildings that are seen from
Interstate 10.
Mr. Smith noted that comment could certainly be sent to Architectural Rev'
Commission as part of its review on the working drawings. 1ew
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Upon question by Councilman Kelly, Mr. Smith responded that this project
had gone before Architectural Review Commission, which modified the front
of the building, and what was before Council now was the third version of the
front of the building. He said staff would relay Council's concerns to both
Architectural Review Commission and the applicant, and they would be
expected to address the issue.
Mayor Crites asked that the project be brought back to Council for review of
the final design.
Mayor Crites reopened the public hearing.
MR. TOM SUN (sp?), project architect, stated that with respect to the north
elevation, they had no problem adjusting the color finishes to break up the
monotone or blankness. He asked if the color/design issue could go
concurrent with plan check so that it does not hold up the rest of the process.
Mayor Crites reclosed the public hearing.
Mayor Pro Tem Ferguson moved to waive further reading and adopt Resolution
No. 05-9, with applicant to return to both the Architectural Review Commission and the City
Council with final design, reflecting enhancements to be made to the northern elevation of
the project to provide effective visual relief. Motion was seconded by Kelly and carried by
a 4-0 vote, with Councilman Spiegel ABSENT.
E. CONSIDERATION OF THE SALE OF PROPERTY OWNED BY THE CITY
(APPROXIMATELY 10 ACRES AT THE SOUTHWEST CORNER OF THE
RAILROAD TRACKS AND EXTENSION OF MIRIAM WAY -
APN 618-490-025).
Redevelopment Manager Lauri Aylaian reviewed the staff report and
recommendation.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this request. No testimony was offered, and he declared the
public hearing closed.
Mayor Pro Tem Ferguson moved to waive further reading and adopt Resolution
No. 05-10, approving sale of the subject property. Motion was seconded by Kelly and
carried by a 4-0 vote, with Councilman Spiegel ABSENT.
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XVIII. REPORTS AND REMARKS
A. CITY MANAGER
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THE MEETING.
1. Presentation on Landscaping at the Stone Eagle Project.
Mrs. Gilligan stated that staff had no further input on this item unless
Council would like to discuss it.
Mr. Erwin added that more information would be generated, and the
matter will be brought back to Council.
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
o Fire Department
Chief Otero introduced the new County Fire Chief, Craig Anthony,
who was pleased to be before the City Council. He noted he'd
recently spent a 24-hour shift with the Palm Desert Fire personnel and
was most impressed with their professionalism and compassion. He
commented that there had been a loss of one of the Fire
Department's family, and flags had been at half staff throughout the
County in honor of Firefighter Steven Marshall, who served the
Cabazon area, was recently diagnosed with cancer, and succombed
to it this week.
o Police Department
See information provided during Item IX. Awards, Presentations, and
Appointments - A., earlier in the meeting.
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E MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THE MEETING.
1. Consideration of Proposed Expansion -Agua Caliente Casino,
Rancho Mirage (Mayor Buford A. Crites).
Mayor Crites noted the letter in the Council packets regarding
the proposed expansion of the Agua Caliente Casino. He said
he had asked for this to be placed on the Agenda because the
newspaper noted comments were being accepted until
February 8th, which did not allow much time. He asked for
Council direction.
With City Council concurrence, Councilmember Benson and Mayor Crites, along
with appropriate City staff, were appointed to meet with tribal officials for a formal
presentation on the proposed expansion.
2. Request for Excused Absence (Councilman Richard S. Kelly).
Councilman Kelly requested an excused absence from the
January 27' meeting so that he might celebrate his 60'
wedding anniversary on that date.
With City Council concurrence, Councilman Kelly was excused from the next City
Council Meeting on January 27th in order that he might celebrate his 60' wedding
anniversary on that date.
3. Consideration of Request for Proposal for Memorial Project at
Freedom Park (Councilman Richard S. Kelly).
Councilman Kelly stated that he had been approached about
a memorial project at Freedom Park. He said he felt it was
necessary to have some type of plan as far as what is going to
be done there for a memorial.
Mayor Pro Tem Ferguson stated that several people had also
asked him if the City was going to have a way to honor war
veterans and people who have provided that freedom. He
suggested that two Councilmembers work with staff on a
proposal.
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With City Council concurrence, Mayor Pro Tem Ferguson and Councilman Kelly will
work with staff on a proposal for the memorial to be located in Freedom Park, said
proposal to be brought to the City Council at its February 10, 2005, Meeting.
4. Committee/Commission Appointments
(Mayor Buford A. Crites).
With Council concurrence, the City Clerk will get a further consolidated list with
names of all candidates to be interviewed to City Councilmembers by Tuesday,
January 18, with City Council to confirm these choices by Friday, January 21; with
interviews to then be scheduled on Thursday, Feburary 3, from 12:00 p.m. to
3:00 p.m.
5. State Highways (Mayor Buford A. Crites)
Mayor Crites took note of a recent Press -Enterprise article
about the La Quinta City Council's talks with Caltrans to gain
control of their stretch of Highway 111. He said the issue had
also been debated in Palm Desert from time to time, both for
Highways 111 and 74. He asked that a report be prepared for
presentation to the City Council when it begins spring budget
discussions.
Mrs. Gilligan responded that staff was already working on such
a report.
o City Council Committee Reports:
1. Washington Charter School at Country Club School Site
Mayor Pro Tem Ferguson reported that he'd filled in for the
Mayor at the celebration recently held by Washington Charter
School, and he presented one of the models of the
U.S.S. Ronald Reagan purchased by the City to the school,
complete with a custom designed plexiglass display. He took
particular note of the 5`" Grade's excitement about getting to
tour the aircraft carrier in San Diego, especially the number of
parents volunteering to chaperone on that trip.
o City Council Comments:
1. City Council Liaison Reports.
None
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JANUARY 13, 2005
XIX. ADJOURNMENT
With City Council concurrence, Mayor Crites adjourned the meeting at 8:14 p.m.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
BUFORD A. CRITES, MAYOR
37