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HomeMy WebLinkAboutPrelim Minutes - City 03/10/2005A PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 10, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Councilman Kelly convened the meeting at 3:00 p.m. II. ROLL CALL Present: Excused Absences: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson Councilman Robert A. Spiegel Mayor Buford A. Crites Councilman Richard S. Kelly (Acting Mayor) Also Present: Homer Croy, Acting City Manager Robert W. Hargreaves, Deputy City Attorney Sheila R. Gilligan, ACM for Community Services Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Amir Hamidzadeh, Director of Building & Safety Philip 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 Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. 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 MARCH 10, 2005 Public Employee Performance Evaluation pursuant to Government Code Section 54957: Titles of Positions: City Attorney City Manager Upon a motion by Councilman Spiegel, second by Councilmember Benson, and 3-0 vote of the City Council, with Mayor Pro Tem Ferguson and Mayor Crites ABSENT, Councilman Kelly adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. STAN FORD, General Manager, Coachella Valley Recreation & Park District, presented the City Council with copies of the Economic Impact Study conducted for the 2005 Palm Desert Senior Games event held in February. He noted that there were approximately 900 competitors in the Games this year, 400 of them from out of town, resulting in a conservatively calculated financial impact to the community of over $500,000. (A copy of the Study is now on file and of record in the Office of the City Clerk.) MR. HELMUT LIHS, Secretary of the Palm Valley Homeowners Association and Chair of the Noise Abatement Committee, asked the City Council about the progress being made on his previous request for solutions to noise from traffic and the railroad in his area, disappointed in the amount of time it was taking to see a . result. With City Council concurrence, due to the relation of Mr. Lihs' comments to Item N on today's Consent Calendar (Approval of Sound Study on Tamarisk Row Drive), it was agreed that item would be held over for separate consideration. Please see that portion of the Minutes for the remainder of this discussion. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 MS. KAREN PIKE, Palm Desert Country Club homeowner, asked for information regarding status of the project approved for renovation of the Country Club and new homes surrounding the golf course and who the participants in the project were at this time. She and her neighbors were becoming increasingly frustrated and dispirited over the lack of progress and continued deterioration of the area. Mr. Drell reported that the lawsuit filed by some of the complaining neighbors caused some of the investors to pull out, holding up the closing of the real estate transaction. Restructuring the financial arrangement that would allow the developer to proceed is causing the delay, but they were working towards that end. In the meantime, the City was involved in a Code Enforcement action against the present owner, which was anticipated would spur him to help close the deal. Councilmembers assured Ms. Pike that the City was doing what it could — it had approved the project and was trying to enforce existing Code regulations for the property. However, the City had no control over how the developer got his finances together in order to proceed. MR. BILL SPENCER, 77-325 Minnesota Avenue, Palm Desert, agreed with Ms. Pike's sentiments. He said Palm Desert Country Club was suffering and asked the City to do the most it could to help him and his neighbors. Councilman Kelly responded that the City Council shared the concerns of this area's residents and reiterated that it was doing everything possible to assist in a resolution. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE DALE HOLTZER, JIM LEWIS, AND DENISE WELCH FOR THEIR CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS TECHNOLOGY COMMITTEE. On behalf of the City Council, Councilman Kelly presented an engraved crystal clock to Jim Lewis, thanking him for the time he gave to the City's Technology Committee. Mr. Holtzer and Ms. Welch were unable to be in attendance for today's presentation. B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE — MARCH 2005. On behalf of the City Council, Councilman Kelly and Mr. Croy congratulated the following employees with a certificate of recognition and a $100 gift certificate: Mike Brown, Diane Hollinger, Wilma Michelson, Jay Niemczak, Bryce White, and Locksi Witte. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 C. PRESENTATION TO THE CITY COUNCIL BY THE SALTON SEA AUTHORITY. MR. RON ENZWEILER, Executive Director of the Salton Sea Authority, made a presentation to the City Council. He outlined the Authority's current work and its intent to work with Senator Denise Ducheny to introduce legislation that would assist the Authority in its restoration plans. (The presentation and additional information provided is now on file and of record in the Office of the City Clerk.) X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 24, 2005, and the Special City Council Meeting of February 17, 2005. Rec: Approve as presented. Continued the Minutes of February 24, 2005, to the Council's next meeting. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 178 Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#545) by Jerry E. Suszczynski in the Amount of $135.96. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#546) by Steven L. Sims in the Amount of $10,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of January 2005 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 F. CITY COMMITTEE AND COMMISSION MINUTES. 1. Investment & Finance Committee Meeting of January 26, 2005. 2. Library Promotion Committee Meeting of January 19, 2005. 3. Marketing Committee Meeting of January 18, 2005. 4. Sister Cities Committee Meeting of January 20, 2005. Rec: Receive and file. G. REQUEST FOR AWARD OF CONTRACT for Landscape Installation on Avenue of the States Median (Contract No. C23220, Project No. 937-04). Rec: By Minute Motion: 1) Award the subject contract to Pink, Inc., Palm Desert, California, in the amount of $8,332.30; 2) authorize a 10% contingency for the project in the amount of $833.23; 3) authorize the Mayor to execute said contract — funds are available in Account No. 400-4614-433-4001. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22450 — Citywide Resurfacing Program (Project No. 752-04) (Granite Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. I. CONSIDERATION of Legislative Review Committee Action — AB 80 (Houston) — Sales Tax. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 22, 2005, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 80 (Houston). J. CONSIDERATION of Legislative Review Committee Action — AB 222 (Bogh) — Labor Compliance. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 22, 2005, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 222 (Bogh). 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 K. CONSIDERATION of Legislative Review Committee Action — AB 266 (DeVore) — Large Family Child Day Care Centers. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 22, 2005, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 266 (DeVore). L. CONSIDERATION of Legislative Review Committee Action — AB 341 (Huff) — Public Works Projects. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 22, 2005, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 341 (Huff). M. CONSIDERATION of Legislative Review Committee Action — ACA 9 (Bogh) — Motor Vehicle Fuel Sales Tax. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 22, 2005, Meeting, and direct staff to prepare a letter of support for the Mayor's signature with regard to ACA 9 (Bogh). N. REQUEST FOR APPROVAL of Contract for Sound Study on Tamarisk Row Drive (Contract No. C23530). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. O. REQUEST FOR APPROVAL of Out -of -State Travel for National Community Development Association (NCDA) Annual Conference, Austin, Texas. Rec: By Minute Motion, authorize the subject out-of-state travel for the Community Services Division, Special Programs Senior Management Analyst to attend the NCDA Conference, May 16-22, 2005 — funds are available in Account No. 110-4132-411-3120. P. REQUEST FOR WAIVER of Fees for Use of the Civic Center Amphitheater and Pavilion I — Washington Charter School Ballet Folklorico Dance Troupe. Rec: By Minute Motion, approve the subject request by Washington Charter School for its Ballet Folklorico event on May 14, 2005. 6 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 Q. REQUEST FOR WAIVER of Fees for Use of the Civic Center Amphitheater — Palm Desert Middle School Graduation. Rec: By Minute Motion, approve the subject request by Palm Desert Middle School for its graduation ceremony to be held June 15, 2005. Councilman Kelly asked that Item N be removed for separate discussion under Section XI, Consent Items Held Over. Ms. Klassen asked that the Council continue Item A's Minutes of the Meeting of February 24, 2005, to the meeting of March 24, 2005. Upon motion by Spiegel, second by Benson, the remainderofthe Consent Calendar was approved as presented by a 3-0 vote, with Mayor Pro Tem Ferguson and Mayor Crites ABSENT. XI. CONSENT ITEMS HELD OVER N. REQUEST FOR APPROVAL of Contract for Sound Study on Tamarisk Row Drive (Contract No. C23530). Senior Management Analyst Martin Alvarez reviewed the staff report and recommendation. He noted that a Request for Proposal was sent to the agency referred to by Mr. Lihs under Oral Communication, but no response was received. The scope of the contract would provide for decibel readings in four locations that would allow a baseline of what is out there currently in terms of noise. This would also give a comparison as to whether the existing noise meets the noise level standards. He offered to answer any questions. Upon question by Councilman Spiegel, Mr. Alvarez responded that the next step would be to take this information and present it to Union Pacific Railroad and the State in terms of the noise levels that had been increasing as a result of both the trains and also the vehicles on the freeway. Staff could also provide some research for grants and funding, but other than that, it would be up to those other agencies. Councilman Spiegel asked what kind of pressure the City could put on the Railroad or the State to mitigate this noise. Mr. Alvarez responded that there was only so much that could be done by the City in terms of providing the information to them and requesting that they address the issue. Mr. Croy agreed and said the next step after providing information was to try and get these State and Federal agencies to contribute. Upon further question by Councilman Spiegel as to the timing of researching the cost to 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 install a sound barrier, he responded that staff had not moved to that phase yet. Councilman Kelly asked if there was any reason why staff couldn't do some of those estimates ahead of time and be thinking about other ways to accomplish the objective. Mr. Croy responded that Council had asked staff to consider the entire corridor along Interstate 10 within the City boundaries, not just this particular area, for possible mitigation in the future. The study would include all areas, and it would be determined at that time whether it would be necessary to construct walls and berms or if there were other methods that might be available to lower the sound. Until it is determined what is recommended and what is needed, it was difficult to affix a price. MR. HELMUT LIHS stated that he had done quite a bit of research into this entire matter. In order to apply for grant monies, one must: 1) Establish the need for it; 2) find out how much is needed to remedy the situation; 3) apply for grant money; 4) implement the program. He said research had shown that the old method of installing berms with block walls on top is outdated. All the block wall does is to direct the sound onto someone else's property. The new solution, information for which he had provided to Mr. Alvarez, was to put up a sound absorbing wall, and he had found a company that would need very little land to put up such a wall and had a product that was very cost-effective. Councilman Spiegel asked whether the people represented by Mr. Lihs were willing to participate in the cost of such a wall. MR. LIHS responded that in the letter he had presented to the City previously, it stated that the Association was not interested in such participation because they felt it was not their responsibility to foot the cost for something that is coming from the outside. Since there is money available from the Federal Government, Highway Department, and the Railroad, he felt it was important to go after it from a City level. He said his research had shown that over 90% of the funding can be obtained, but the City would have to do the engineering and the application for the grant money. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Medlin & Associates, Carlsbad, California, in the amount of $3,750 to provide a sound study along Tamarisk Row Drive between the Union Pacific Railroad and adjacent residential properties; 2) authorize a 10% contingency for the project in the amount of $375; 3) authorize the Mayor to execute said agreement — funds are available in Account No. 110-4260-422-3090. 8 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 Councilmember Benson pointed out that this study is not for a sound wall; it was a sound study for the entire area. Councilmember Benson seconded the motion, and it carried by a 3-0 vote, with Mayor Pro Tem Ferguson and Mayor Crites ABSENT. XII. RESOLUTIONS A. RESOLUTION NO. 05-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A PETTY CASH FUND UNDER THE JOINT SUPERVISION AND CONTROL OF THE SECRETARY TO THE CITY MANAGER AND THE SENIOR OFFICE ASSISTANT IN THE CITY MANAGER'S OFFICE. Councilmember Benson moved to waive further reading and adopt Resolution No. 05-25. Motion was seconded by Spiegel and carried by a 3-0 vote, with Mayor Pro Tem Ferguson and Mayor Crites ABSENT. B. RESOLUTION NO. 05-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NO. 04-73, "EXHIBIT A" SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS, AND TO CREATE TWO NEW CLERICAL POSITIONS TO BE ASSIGNED TO THE NEW VISITOR INFORMATION CENTER. Mr. Croy noted the staff report and recommendation in the packets and offered to answer any questions. Councilman Spiegel stated that staff was requesting approval to add two new positions that will cost the City approximately $121,000 per year; he asked if staff expected any revenue from the sale of merchandise to offset that expense. Mrs. Gilligan responded that the merchandising program would be quadrupled, so there would be offsetting revenues. She added that the goal was for the staffing and merchandising program to be revenue neutral. She noted that staff was also preparing a comprehensive report on the operation and maintenance of the Visitor Center as part of the budget process. In addition, a committee was working on a marketing and merchandising program for which goals would be set for next year, and that program would come to Council in the near future. She noted that the new Visitor Center was 8,000 square feet versus the 1,000 square -foot center the City currently has. Additional staffing was needed for security and merchandising for the visitor/tourism business. 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 Councilmember Benson moved to waive further reading and adopt Resolution No. 05-26. Motion was seconded by Spiegel and carried by a 3-0 vote, with Mayor Pro Tem Ferguson and Mayor Crites ABSENT. XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1092 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 2.72 (RESCINDING ORDINANCE NOS. 935AND 1010)OFTHE PALM DESERT MUNICIPAL CODE AND DISSOLVING THE TECHNOLOGY COMMITTEE. Mr. Croy noted the staff report and recommendation in the packets. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1092 to second reading. Motion was seconded by Benson and carried by a 3-0 vote, with Mayor Pro Tem Ferguson and Mayor Crites ABSENT. For Adoption: A. ORDINANCE NO. 1091 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 25.56.195 AS IT RELATES TO WALL HEIGHTS AND LOCATIONS IN THE R-1, R-2, R-3, AND PR RESIDENTIAL ZONE DISTRICTS Case No. ZOA 04-04 (City of Palm Desert, Applicant). Councilman Kelly asked for clarification of Section 25-56.195(D)ii dealing with material, which read "must be decorative material including decorative blocks, stucco, wood split rail, open picket, or wrought iron." He said he would have a problem with wood being an approved material and would prefer that it not be an option. Councilmember Benson agreed that wood should not be a matter of course; however, perhaps it could be approved as a conditional use. She suggested that the wording be changed to delete wood as an approved material but to allow application as a conditional use. Councilman Kelly agreed and said he felt if someone wanted to use wood, they should be required to bring it to the City Council for consideration. Mr. Drell noted that there was a provision in the ordinance whereby an exception would be brought before the Architectural Review Commission; it was then up to the City Council to call it up. As a matter of course, the 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 ordinance does not send exceptions to the Council. He said staff would remove wood from the permitted materials, and it would then be subject to the exception process. Councilman Kelly noted that at the last meeting, Council reviewed a wall that was entirely white in color, had no landscaping, and the setbacks were not in conformance with City Code. The Council negotiated with the applicant and asked if he would be willing to paint it light tan, to which he agreed. He felt this made a tremendous improvement to the looks of the wall, and he asked that the ordinance include a requirement to use desert tones for the walls. Ms. Klassen noted that with these substantive changes, the ordinance would need to be reintroduced. Councilman Spiegel moved to refer Ordinance No. 1091 back for reintroduction to include modifications requested at this meeting regarding wood fencing for street -side and front yards and desert color palette. Motion was seconded by Benson and carried by a 3-0 vote, with Mayor Pro Tem Ferguson and Mayor Crites ABSENT. XIV. NEW BUSINESS None XV. CONTINUED BUSINESS None XVI. OLD 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). Councilmember Benson noted that it would be helpful in the future if Councilmembers had photographs for items such as this so they can look at what is being requested. Planning Technician Ryan Stendell reviewed the staff report, noting that Council had been concerned about landscaping the last time this project was considered, and he had included copies of the landscape plans in the packets. He said most of the large landscaping had been installed, including several large trees in front of the pillars, and this mitigated some of the 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 concerns with how large the pillars looked before anything was in front of them. Upon question by Councilmember Benson, he responded that the pillars were currently at eight feet, which was as high as they would be. He said staffs' recommendation was that Council affirm the decision of the Architectural Review Commission and approve the eight -foot pillars. Councilman Spiegel said he felt the pillars added to the look of the entryway. Councilmember Benson asked if the eight -foot pillars were allowed underthe City's ordinance. Mr. Stendell responded that they went through the exception process through the Architectural Review Commission and were approved. He added that the Commission felt, as did Councilman Spiegel, that the pillars added to the look of the house. Councilman Spiegel moved to, by Minute Motion, affirm the action of the Architectural Review Commission dated November23, 2004. Motion was seconded by Kelly and carried by a 3-0 vote, with Mayor Pro Tem Ferguson and Mayor Crites 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, noting that this request had gone through the Architectural Review Commission as an exception and was approved. He noted that the request of the applicant was that the wall be located at seven feet back from face of curb on Rancho Road as well as Carmel Circle. The Commission felt that, because there was currently a deteriorating fence that looked fairly unsightly, the upgrade to the wall justified the exception. Shortly after that, Council reviewed the case and continued it based on the fact that the ordinance was being revised. Since the wall is five feet in height, the current ordinance would put it at 15 feet back from face of curb on both Carmel Circle and Rancho Road. Staff felt the 15 feet along Rancho Road could be definitely feasible for the applicant and that an exception of seven feet along Carmel Circle could lend itself to more open space for the house. Staff recommended seven feet from face of curb along Carmel Circle and 15 feet from face of curb along Rancho Road. Upon question by Councilman Kelly, Mr. Stendell said appropriate approved landscaping would be also be installed. Upon question by Councilmember Benson, he said the wall would be stuccoed to match the color of the house. 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 Councilman Spiegel moved to, by Minute Motion, approve the application with the following conditions: 1) Face of curb setbacks of 7 feet along Carmel Circle and 15 feet along Rancho Road; 2) wall to be stuccoed to match color of residence; 3) installation of appropriate landscaping pursuant to an approved plan for the project. Motion was seconded by Benson and carried by a 3-0 vote, with Mayor Pro Tem Ferguson and Mayor Crites ABSENT. 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 noted that this matter was previously before Council at its meeting of January 13, 2005, at which time Council continued the matter indefinitely during processing of the wall ordinance. He said the original request was for a six -foot -high wood fence, 12 feet from the curb; Architectural Review Commission approved it in a modified form at five feet in height, 12 feet from the curb. The Commission granted the exception on the setback in order to protect the large olive tree, which was located approximately 15 feet back from the curb. The applicant, without benefit of a permit, chose to proceed with construction of the fence, and a letter had been received from the applicant, along with some photographs of the completed fence. Staff had visited the site and had taken some additional photographs of the fence and landscaping. Councilman Spiegel stated that he had driven by the property and felt the fence looked terrific. MR. CHRIS KELLER, one of the applicants, noted the letter he and Mr. Walford had sent to the City explaining the confusion over what they felt was approval to build the fence. Councilman Kelly said he was not in favor of a wood fence and would rather it had been done in block or other material. He expressed concern with the fence deteriorating quickly over the years and looking unsightly. MR. KELLER stated that the fence was made from Douglas fir wood, which had been treated, primed, and painted numerous times; in addition, he was weaving red bougainvillea through the fence, and over time, the fence itself will not be visible because of this planting. He added that they had also provided extensive landscaping on the outside of the fence. He noted that they had decided to use wood in order to stay true to the architecture of the home, which was built in the 1960's. 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 Councilman Spiegel moved to, by Minute Motion, affirm the action of the Architectural Review Commission, approving a five -foot -high paneled wood fence at a minimum setback of 12 feet from the curb at 74-855 Fairway Drive, subject to conditions. Motion was seconded by Benson and carried by a 2-1 vote, with Councilman Kelly voting NO (Mayor Pro Tem Ferguson and Mayor Crites ABSENT). D. REQUEST FOR APPROVAL OF FOUR BUS SHELTER DESIGNS ALONG HIGHWAY 111. Mr. Croy noted the staff report and recommendation in the packets and offered to answer any questions. Upon question by Councilman Spiegel about the art for Bus Shelter No. 1, Senior Management Analyst Frankie Riddle responded that when the bus shelter is placed, the artwork will be taken out there as well, and a decision will be made as to the best location for the artwork in relation to the shelter. Upon further question, she responded that there will be solar lighting for all of the shelters. Councilman Spiegel moved to, by Minute Motion: 1) Approve the four bus shelter designs as submitted; 2) authorize the Mayor to enter into a contract with LNI Custom Manufacturing, Hawthorne, California (Contract No. C21860); 3) approve the inclusion of the Fat Happy Sculptures and expenditure of funds in the amount of $32,000 from the Art In Public Places Account. Motion was seconded by Benson and carried by a 3-0 vote, with Mayor Pro Tem Ferguson and Mayor Crites ABSENT. Councilman Kelly.complimented staff on all the work done to use limited funds and come up with what he felt was four of the nicest bus shelters in the City. E. REQUEST FOR AWARD OF CONTRACT FOR THE MESA VIEW FIRE STATION (NO. 67) RENOVATION PROJECT (CONTRACT NO. C20580D1). Mr. Croy noted that this matter was coming back to Council on a second review. The size of the project had been reduced considerably, and staff was trying to stay within a reasonable budget. He noted the cost of construction had accelerated on all public works projects, and staff was requesting Council approval. Councilman Spiegel asked whether the Fire Chief had agreed to the reduction in size, and Mr. Croy responded that he had. 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Commercial Diversified, Inc., Twentynine Palms, California, in the amount of $1,395,000; 2) authorize a 10% contingency for the project in the amount of $139,500; 3) appropriate and transfer $563,461 from Unobligated General Fund to New Construction Tax Fund, No. 231-4624-433-4001 for this project; 4) authorize waiver of all City -related service fees; 5) authorize the Mayor to execute said contract. Motion was seconded by Benson and carried by a 3-0 vote, with Mayor Pro Tem Ferguson and Mayor Crites ABSENT. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-5 (PLANNED RESIDENTIAL, FIVE UNITS PERACRE)TO PR-13 (PLANNED RESIDENTIAL, 13 UNITS PER ACRE) AND AN AMENDMENT TO A PRECISE PLAN/CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES TO CONSTRUCT 320 RESIDENTIAL CONDOMINIUM UNITS ON A 26.4-ACRE SITE ON THE NORTH SIDE OF GERALD FORD DRIVE, 636 FEET EAST OF MONTEREYAVENUE (73-240 GERALD FORD DRIVE) (APNs 653-260-029 AND 653-260-021) Case Nos. C/Z 05-01 and Amendment #1 to PP/CUP 03-06 and TT 31363 (Sares Regis Group, Applicant). Planning Manager Steve Smith reviewed the staff report, noting that no additional units were proposed with this change of zone. Councilman Spiegel noted a letter from David Gardner of Sares-Regis Group requesting a reduction in the park fee because of the amenities going into the project, and he asked if that was part of this request. Mr. Drell responded that payment of park fees was a condition of approval on the map. Council was the only body that could consider waiver of such fees, and such consideration needed to be done at this time as well. Councilman Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. MIKE WINNER, Sares-Regis Group, 18825 Bardeen Venue, Irvine, stated they were requesting relief from the park fee requirement, Item 19 in the conditions of approval. He reviewed their letter dated March 2, 2005, noting that many jurisdictions allow a dollar -for -dollar reduction in fees for amenities provided, and their request was for a fair and reasonable 50% reduction in required fees for this project, which were calculated to be approximately $475,000. 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 Councilmember Benson asked whether those amenities would then be open to the public, since park fees pay for use of parks by the public. He responded that that was why they were only requesting a 50% reduction. They understood they would not be providing ballfields and things like that, but they were providing many amenities that people would go to parks for as well as open space, swimming pools, spas, putting greens, etc. Councilman Spiegel asked whether the Council in the past had ever lowered the park fees for a project. Councilman Kelly said he was not aware of any such approval in the past. Councilmember Benson agreed. With no further testimony offered, Councilman Kelly declared the public hearing closed. Councilmember Benson stated that the Council had never before agreed to a reduction in park fees, and with a project of that value, she could not see any reason to lower the fees. Councilman Spiegel agreed. He said he felt this was a fine project and had voted in favor of it. He added that he would imagine there was some way, with the number of units in this project, that the park fees could be picked up from the people who will be moving in. Councilman Kelly said the density of this project was being increased from five units per acre to 13 units per acre, which means more people than were originally planned. Councilman Spiegel moved to: 1) Waive further reading and pass Ordinance No. 1093 to second reading, approving a change of zone from PR-5 to PR-13; 2) waive further reading and adopt Resolution No. 05-27, approving an amendment to PP/CUP 03-06 and TT 31363; 3) deny the Applicant's request for a reduction in park fees. Motion was seconded by Benson and carried by a 3-0 vote, with Mayor Pro Tem Ferguson and Mayor Crites ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 C. CITY CLERK 1. Reminder of Joint City Council/RedevelopmentAgency Study Session Thursday, March 24, 2005, 2:30 p.m. to Receive Presentation from University of California, Riverside, Chancellor France Cordova. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: 1. Coachella Valley Animal Campus Commission — Councilmember Benson reported that on April 16 County Animal Control would be conducting a Job Fair at CVAG (Coachella Valley Association of Governments) Offices specifically to staff the new Coachella Valley Animal Campus. There were several openings for officers, a volunteer coordinator, etc., and all interested persons were encouraged to apply and participate in the Fair. Questions about it can be directed to CVAG. 2. Palma Village Park — Councilman Spiegel announced that the Grand Opening of the Park was scheduled for Saturday, April 23, at 10:00 a.m. o City Council Comments: None 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 XIX. ADJOURNMENT Councilman Spiegel moved to adjourn the meeting at 5:58 p.m. Motion was seconded by Benson and carried by a 3-0 vote, with Mayor Pro Tem Ferguson and Mayor Crites ABSENT. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RICHARD S. KELLY, ACTING MAYOR 18