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Home My WebLink AboutPRELIM - CC - 09/13/07 E�'��T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Jim Ferguson Councilmember Cindy Finerty Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Ervvin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Lauri Aylaian, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs John Rios, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./CDF Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 653-740-001/002/003; 653-370-004/018/028/029/030 Negotiating Parties: Agency: Justin McCarthy/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Carlos L. Ortega/City of Palm Desert; County of Riverside Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Portola Community Center - 45480 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Mountains Conservancy, Desert Cancer Foundation, Palm Desert Sister Cities Foundation Under Negotiation: x Price x Terms of Payment 3) Property: APNs 620-290-030, 620-300-056, 620-310-031, and 620-320-034 (Portion) Negotiating Parties: Agency: Carlos L. Ortega/Mark Greenwood/City of Palm Desert Property Owner: Palm Desert Greens Association Under Negotiation: x Price x Terms of Payment 4) Property: 72375 Upper Way West, Palm Desert (APN 628-130-014) Negotiating Parties: Agency: Carlos L. Ortega/Lauri Aylaian/City of Palm Desert Property Owner: Janice C. Wood Living Trust, Dated 10-31-96 Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. Labrador Investments, et al., Riverside County Superior Court, Case No. INC059971 2 �RAFT PRELIMINARY MINUTES REGULAR PALM DESERT CIN COUNCIL MEETING SEPTEMBER 13, 2007 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Negotiating Party: Carlos L. Ortega/City of Palm Desert Upon a motion by Ferguson, second by Spiegel, and 5-0 vote of the City Council, Mayor Kelly adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Jim Ferguson VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B Lieutenant Taylor introduced three officers from the Palm Desert Police Department who had recently been reassigned to new duties: — Officer Chris Brown, with the Department for five years, is now the City's Community Policing Officer, which includes working with the Citizens On Patrol Program (COPS), Neighborhood Watch and Crime-free Multi-Housing Programs. — Officer Robert Ramirez, with the Department for five years on patrol, has been assigned to the City's Special Enforcement ("TargeY') Team, which works specific problems identified in Palm Desert. — Officer Rod LaBrecque, with the Department about seven years, the last five as a Motorcycle Officer,was now assigned to the Special Enforcement("Target")Team as well. MS. JUNELLA HAMILTON, Palm Desert, addressed the City Council to say she'd been a resident of the Las Serenas Apartments for two and a half years but felt she was discriminated against for that entire time. She said Councilman Ferguson and the City's Chief of Police had been to her home regarding the matter. She went on to say the discrimination came from management as well as the tenants at Las Serenas, and a mediation was conducted. She said the mediation was 95% in her favor and related some of the disparaging remarks made against herwhile she lived there. She was also barred from the Clubhouse at Las Serenas; if she attempted 3 �RAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 to enter to use the kitchen area there, they would lock the door as soon as they saw her coming toward the Clubhouse. She concluded by saying she'd been wrongfully thrown out of her apartment and was now a homeless senior citizen. Mayor Kelly said the matter would need to be referred to staff and asked that she leave her contact information with the City Clerk. MR. ROB BALLEW, Director of the YMCA of the Desert, Palm Desert, said he wished to share a few things with the City Council. He related that 2007 was the YMCA's 25`h Anniversary in Palm Desert, and there would be a Family Picnic Anniversary Celebration-community event on Saturday, October 13. He said this summer's programs were filled to capacity, and they looked forward to continuing to serve the community. Then he showed a video of the youngest graduating class atthe Jean M. Benson Child Care Center earlierthis summerwhere Mayor Pro Tem Benson provided an address. He said the kids were great, and they were so grateful that the City was a part of that outreach with the YMCA. Further, he thanked Mayor Kelly for his efforts in making a gracious gift to the YMCA at the 2007 Samsung World Championship Community Day with Lorena Ochoa at Desert Willow on August 28. Two new televisions and two new color printers were contributed; one of each was donated to the YMCA and to the United Way of the Desert, the two charities chosen to benefit from the tournament. He again thanked the City Council for all its support of the YMCA. MR. BILL BLUE, PresidenUChairman of the 2007 Palm Desert Golf Cart Parade on October 28, said when the City Council generously approved expenditures for the event and encouraged the organizers to improve it, they did so with a solid commitment to provide a new logo. He acknowledged several members of the Committee also in attendance and made the first public presentation of the new Golf Cart Parade logo. Each City Councilmember was presented with a Golf Cart Parade shirt featuring the new logo in hopes that each would wear their shirt with great pride. He added that the Committee had great support from local company Harmony Design and its principal, Mr. Mauricio (Maui} Salazar, who designed the new logo free of charge. He concluded by saying they believed the upcoming Parade was looking to be the best ever. Mayor Kelly thanked everyone who worked on the Golf Cart Parade, noting that the 92260 magazine had a nice article about the event that began in 1961. He believed it was one of the greatest events and hoped it would always be continued, encouraging the Committee Members to keep up the good work and assuring them he would wear his shirt with great pride. MS. AMANDA SPEED, representing the Fair Housing Council of Riverside County, announced that with the huge foreclosure problem being experienced, a free community workshop hosted by the Department of Housing and Urban Development (HUD) would be held September 22, 8:00 a.m. to 3:00 p.m., at the Riverside Marriott, 3400 Market Street, Riverside, California. Reservations for the 4 DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 workshop would be received until 12:00 p.m. on September 18. She provided a supply of fliers to the City Clerk. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 2007 AS "FIRE PREVENTION AND MINI-MUSTER MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly presented the proclamation to John Marman, Chairman of the Mini-Muster Program of the Historical Society of Palm Desert. It was noted that the upcoming program in October would be the 15'h annual, with some 8,000 kids being given invaluable training over that period of time. Mr. Marman acknowledged Dick Folkers, President of the Historical Society, and Dan Callahan, one of the founders of the Mini- Muster program. Chief Rios introduced members of the Fire Department who were instrumental to carrying out the program. B. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 3, 2007, AS "WALK AND BICYCLE TO SCHOOL DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly presented the framed proclamation to City of Palm Desert Director of Public Works Mark Greenwood. Mayor Kelly commented that now that school was back in session, this proclamation was being made to remind residents to watch out for students traveling to school every day, but especially on October 3. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of August 9, 2007, and August 23, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 23, 24, 28, 33, 35, 36, 37, 41, 43, 44, 48, 53, 54, 55, 59, and 63. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#592� by Verizon in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 5 T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 D. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for May 2007 and June 2007 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chateau Gourmet, 41-555 Cook Street, Suite 150, Palm Dese�t. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by La Spiga Ristorante Italiano, 72-557 Highway 111, Palm Desert. Rec: Receive and file. G. PARKS 8�RECREATION COMMISSION Meeting Minutes forJune 19, 2007, and July 3, 2007. Rec: Receive and file. H. REQUEST FOR AUTHORIZATION of $22,705 Reimbursement to Stone Eagle Development, LLC, for Installation of Conduit, Pull Boxes, and Underground Vaults to Allow for Future Undergrounding of Utilities North of the Stone Eagle Development. Rec: By Minute Motion: 1) Authorize reimbursement in the amount of $22,705 to Stone Eagle Development, LLC, Indian Wells, California, for work performed in 2006 to provide for future undergrounding of utilities to the north of Stone Eagle Development; 2) appropriate $22,705 to Account No. 110-4470-412-3090 from Unobligated General Fund monies for this purpose. I. REQUEST FOR AUTHORIZATION to Purchase Request-Tracking Software Program for Managing Information and Service Requests. Rec: By Minute Motion, authorize staff to purchase "CivicaAssist," a software program for managing information and service requests — funds are available in Account No. 110-4300-413-3090. 6 �. -- DR/�FT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 J. REQUEST FOR APPROVAL of Memorandum of Understanding(MOU) with Desert Sands Unified School District to Provide Crossing Guards in the City of Palm Desert (Contract No. C26930). Rec: By Minute Motion, approve the subject MOU to provide crossing guards in Desert Sands Unified School District in the City of Palm Desert — funds are available in Account No. 110-4210-422-3090. K. REQUEST FOR AUTHORIZATION to Enter Into Contract with Hurdzan-Fry Golf Course Architects for Revisions to Desert Willow Golf Resort(Contract No. C26940). Rec: By Minute Motion, authorize: 1)Staff to enter into the subject contract with Hurdzan-Fry Golf Course Architects to provide architectural services at the Desert Willow Golf Resort in the amount of $35,000 plus $2,500 for reimbursable; 2) the City Manager to execute said contract; 3) appropriation of$37,500 from Fund 241-4195-495-8092 for this purpose. L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C25030 — Landscape Design for Country Club Drive Median from Portola Avenue to Monterey Avenue. Rec: By Minute Motion: 1) Authorize transfer of $1,911 from contingency to base for the subject contract; 2)approve Change Order No. 1 in the amount of $1,911 to the subject contract with Community Works Design Group, Riverside, California, and authorize the Mayor to execute same. M. REQUEST FOR APPROVAL of Parcel Map No. 33996 (Bighorn Development, Applicant). Rec: Waive further reading and adopt Resolution No. 07-62, approving the map of Parcel Map No. 33996. N. REQUEST FOR APPROVAL of Parcel Map No. 35269 (Peter Hartwig/ Kathleen Ann Collins c/o Essi Shahandeh, Civil Engineer, Applicants). Rec: Waive further reading and adopt Resolution No. 07-63, approving the map of Parcel Map No. 35269. 7 D�AFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 O. REQUEST FOR APPROVAL of Out-of-State Travel for Senior Management AnalysUCommunity Services to the 2007 National League of Cities National Summit on Your City's Families. Rec: By Minute Motion, approve the subject out-of-state travel for the Senior Management Analyst/Community Services to attend and participate in the 2007 National Summit on Your City's Families sponsored by the National League of Cities, scheduled to be held September 30 - October 2, 2007, in San Antonio, Texas —funds are available in the FY 2007/08 Budget,Account No. 110-4416-414-3061. P. REQUEST FOR APPROVAL of Out-of-State Travel for Risk Manager to the Professional Conference on Industrial Hygiene (PCIH). Rec: By Minute Motion, authorize the Risk Manager to travel to Louisville, Kentucky, October 20 - 23, 2007, to attend the Professional Conference on Industrial Hygiene in an amount not to exceed $2,485 — funding is available in Account No. 110-4260-422-3120. Q. REQUEST FOR RATIFICATION of the City Manager's Approval of Contract for Production of Public Service Announcements for the "Set To Save" Energy Program (Refrigerator Recycling) (Contract No. C26660). Rec: By Minute Motion, ratify City Manager's approval of the subject agreement with The Lawrence Company, EI Segundo, California, in the amount of $44,800 and the expenditure of said funds from Account No. 236-4195-454-3090. Upon motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 07-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2006/07 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS. Councilman Spiegel asked if the end result represented $1 million more than anticipated last year. Mr. Gibson replied it did. 8 DRqF T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Councilman Spiegel moved to waive further reading and adopt Resolution No.07-64. Motion was seconded by Finerty. Councilmember Finerty stated the reason the 2006/07 year-end analysis looked so good was because two items amounting to$3.4 million were moved to the current fiscal year's budget and hopes the City continues to be cautious in its spending in order to get the same result again. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. B. RESOLUTION NO. 07-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,CALIFORNIA, RESCINDING RESOLUTION NO. 99-80 AND ESTABLISHING COMPENSATION FOR THE MEMBERS OF THE PLANNING COMMISSION. Councilman Speigel moved to waive further reading and adopt Resolution No. 07-66. Motion was seconded by Finerty and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE PALM DESERT STRATEGIC SOLAR PLAN WITH PHASES ONE,TWO,AND THREE(JOfNT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega stated the partners involved, who are funding the plan, would like to take a look at the proposal and requested the item be continued for two weeks. He offered that staff and consultant were available to answer questions. Mr. Conlon handed out a spreadsheet that was received this morning to the City Council with regards to the 'Set to Save' Energy Program showing the current tallies in the different areas of energy efficiency. He noted the 9 - �� r��u PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 program started January 1, 2007 and directed Council to look at the bottom of the spreadsheet report that showed how much money had been spent in incentives for the citizens of Palm Desert. A total of $3.7 million had been spent so far for energy efficiency. The breakdown was $2.3 million for the Set to Save Program and $1.1 million in solar incentives through the State of California CSI Program. The City had saved 16.8 million kilowatt hours of power through these programs. The target goaf at the end of five years is 214 million kilowatt hours of power and was currently at about 7.8%towards that goal. The second goal is to reduce the peak demand load, and the City's saved 48,000 kilowatts of power, representing about 10.7% towards the City's five-year 30:30 goal. He said additional breakdowns on the HVAC were available, but in the essence oi time would provide it at a later date. Councilmember/Member Finerty requested a copy of the HVAC breakdown. Mr. Conlon did not have a copy with him, but agreed to provide them to the Council. Mr. Conlon stated the City was 9 months into the 60-month/five-year energy efficiency program. With regards to the Solar Report, he pointed out Mr.Ted Flanigan, president of EcoMotion and author of the Palm Desert Solar Plan was in attendance. He noted the staff report and offered that he and Mr. Flanigan were available to answer any questions. Councilman/Member Ferguson stated 7.8% was not an offset on the 30% goal, but a 7.8% of the 100% needed to cut 30%. Mr. Conlon concurred. Responding to Councilman/Member Ferguson's question about the 7.8% savings cost in rate payer money, Mr. Conlon responded the City used a total of$3.7 million in incentives, which was broken out as $2.354 million for the partnership in common programs for energy efficiency and $1.123 million for the CSI solar rebates. Responding to question about the$1.123 million used for solar energy funds, Mr. Conlon confirmed those were State funds used strictly for solar. Councilman/Member Spiegel asked if the $2.354 million went to the residents of Palm Desert for rebates for the swimming pool pumps and refrigerators, etc., and not for advertising. Mr. Conlon responded part of those incentive funds were for advertising and part of it was from the City. He said the City used Edison's direct mailer program. Councilman/Member Spiegel asked how much of the$2.3 million was actual rebates to Palm Desert residents. 10 DRAFT PRELiMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Mr. Conlon said he suspected the incentive amount noted on the report did not include advertising, but he could get it broken down Councilman/Member Spiegel asked of the $2,354 million spent, how much was spent by the City of Palm Desert, Edison, and the Gas Company, respectively. M�. Conlon responded the amounts provided were all from Edison for incentives paid, and he hadn't received a tallyfrom The Gas company. Upon further question, he replied there were no Palm Desert funds used. Councilmember/Member Finerty acknowledged that under the "Common Programs for Residential,"the"In-home Energy Surveys,"looked like the City was doing fairly well in some categories, but the "In-home Energy Survey's were not what was expected and wondered what was being done to increase it. Mr. Conlon stated the key to increasing response and getting phones to ring was marketing and promotion, and he's been working on marketing the programs with Ms. Gilligan and Southern California Edison. He said the commercial that ran with the late David Garcia, was pulled, out of respect for the family, until a decision is made as to what will happen with it. He said the Mayor/Chairman will be meeting with all the HOA Board Members in the City of Palm Desert, and all of the gate-guarded communities were also invited to this meeting. One item of discussion will be the Energy Tune-ups and Energy Rallies the City will have in the fall, through the winter, and in the spring of 2008. He believed those ralfies will generate more activity with the free, In-home Energy Surveys. He said they used to be called "Energy Audits," but people didn't like the term "audit," so it's now called "Energy Surveys." Upon further question, he said the date of the rally was September 18, at 5 o'clock in the ACR. He said the letters were signed and sent out by the MayorJMayor to all the HOAs and management companies, and staff will be following up via phone to make sure they receive the invitation. Councilman/Member Ferguson stated using the numbers given, the City saved about eight million kilowatt hours on an investment of Edison's money of$2.354 million. Mr. Conlon concurred. Councilman/Member Ferguson stated the City spent $1.23 million of Edison's money and only achieved a tenth as much energy efficiency on solar, leading one to conclude that solar was more expensive and less efficient than the program originally embarked on? Mr. Conlon agreed and stated the most cost efficient program for energy efficiency was not solar. 11 �'� � �� . PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Councilman/Member Ferguson asked how much money was the City looking to Edison for the balance of the five-year program. Mr. Conlon responded it was $4 million, but the City was not looking to Edison for the money, it would be the California Public Utilities Commission, the rate payer money. Upon further question, he said the City will go back at the end of 2008 for its final three-year funding for the Palm Desert Partnership Program Funding, and he understood it was going to be about $18 to $20 million, but didn't have the final numbers yet. Councilman/Member Ferguson recalled receiving $14 million the first-go-around for the first two years. Mr. Conlon agreed and stated the City also received $2.3 million from The Gas Company. Councilman/Member Ferguson stated it would bring the five-year total to anywhere between $32 and $34 million of CPUC money to be spent in Palm Desert. Mr. Conlon agreed and added the trick was spending it. Responding to question, Mr. Ortega confirmed staff was requesting a continuance because the City was asking the partners to provide the majority of the funding, assuming Council decided to kick-start the program and provide the rest of the funding. He said he met with the partners this morning and stated they were interested. Councilman/Member Spiegel moved to continue the matter to the meeting of September 27, 2007. Motion was seconded by Ferguson. MR. JAMES BROWNYARD, Building IndustryAssociation, stated Fred Bell was unable to attend. He acknowledged the City of Palm Desert was in the forefront on energy conservation and anything to reduce the load in this vicinity and was marketing it outside of Palm Desert, saying "This is a great plan, you should go with it." He said it was a one year of history with the Energy Efficiency Ordinance, which the BIA continued to argue that it was not cost effective. However, the Ordinance included options implanted that allowed some discretion with the builders, which the BIA appreciated. He said such a home ordinance was an unfunded mandate only hitting new construction,whether it was residential, commercial, or industrial. He felt the City was doing something similar again by trying to jump start a new solar program, but like Mr. Conlon and Councilman Ferguson noted, solar was inefficient when it came to dollar and savings value. He said it was a great idea, but technology wasn't quite there yet to make it offset, and State funds weren't there to offset the increased cost of solar in the past few years. He 12 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 said the BIA would like the City to continue looking at incentives, for either solar or energy efficiency programs and also look at incentivize some of the programs with new construction in mind, residential, or industrial. He said the BIA represented all construction, and for one cycle you can have residential, next cycle you could have commercial/industrial, but the savings and the efficiency programs should be across the board. MR. LARRY HUGHES, stated he was a builder of a project called "Portola Pointe" located in Palm Desert and also a resident of Palm Desert. He said he was in favor of solar energy. He said he build a tract of 16 homes and all were equipped with the solar-voltaic systems, a 2,500-watt system, and the rough cost of installation was about $15,000. He said comparing dollar figures depended on who was doing the calculation and its direction. He said theirTitle 24 representative estimated the homeownerwould save$900 on theirelectric bill with Edison(a conservative figure)on each one individual home; that number could be as high as$1,500 depending upon lifestyle. He said a million dollar investment from the City in a program such as this one, could outfit 200-220 homes, and those homes will generate approximately $250,000 worth of electrical. One could call it "generating it" or "saving energy," but it boiled down to slowing down the electrical meter and consumption, and iYs going to do what your ultimate programs are here to do—and that was to save money, save energy, and help the consumer. MR. MICHAEL ROVER, Willow Street, CA, stated he wanted to express his support for the Strategic Solar Plan. He said he and his wife put a 9.6-kilowatt system on their home about five years ago and were happy with the results. He believed the program and the initiative the City's was taking to save 30% or reducing 30°/a of its consumption was admirable. Councilman/Member Ferguson stated in reading the report, he noted the City was going to do incentives between $4,500 and $7,500 depending on who applied and the type of application, and the average of the two amounts was $6,000. He said if the money being proposed was actually spent on the program, it could fund 111 establishments whether they were residential or business, but the City's pro forma identified 21,000 units that needed retrofitting. He said if 111 establishments will cost$1 million,where does the City come up with the billion dollars needed to take care of every house in Palm Desert. He didn't expect an answer this evening, but requested that staff include the answer with their staff report, and also what exactly was the City kick-starting and where were the funds coming from. Mayor/Chairman Kelly called for the vote, and the motion carried by unanimous vote. 13 ��.��:�T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 B. REQUEST FOR APPROVAL OF THIRD AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT(CONTRACT NO. C22013). Mr. Ortega noted the staff report and stated this was a yearly agreement. Responding to question, he confirmed these items were approved with the Budget. Councilman Spiegel moved to, by Minute Motion, approve Third Amendment to the Agreement for Law Enforcement Services between the County of Riverside and the City of Palm Desert, reflecting Fiscal Year 2007108 Budget implementation, and authorize the Mayor to execute same. Motion was seconded by Ferguson and carried by a 5-0 vote. C. STATUS REPORT ON LANDSCAPING FOR PALM DESERT MOBILE ESTATES. Mr. Ortega noted the staff report. He stated the land in question was owned at one time by Chaparral and was transferred to Coachella Valley Water District (CVWD) with the condition that it be maintained. He said CVWD claimed they maintained it; however, the City asked CVWD to remove the tamarisk trees because they weren't being maintained. He said the City could take the position this was an agreement between other agencies, but he felt the City should take the leadership by doing something. He is recommending that trees be planted and requesting to negotiate with CVWD and owners of the mobile home park about sharing the cost and determining who, other than the City, will be responsible for providing the water and the maintenance. Councilman Spiegel wondered how long it would take for the trees to mature to the size where they would be able to hide the exposed blight. Landscape Manager Spencer Knight replied it would take three to five years before obtaining good screening. Councilman Spiegel commented the residents living on the other side of the wash would probably not be happy with the proposed solution, especially if they wanted to sell their home. Mr. Knight responded the plant material selected provided for color show and would provide a fair amount of screening because it was a relative dense planting; he believed maximum benefit would be obtained for the type of screening needed. 14 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Councilman Spiegel asked if staff responded to the residents about what the City was proposing to those that had written to the Council complaining about CVWD. Mr. Ortega replied the City didn't have a set plan because iYs not City property. In fact, he was requesting Council's approval for staff to get involved. Staff could then make a plan with an amount staff felt the City should spend and who will pay for it. Council can then consider approval. Councilman Spiegel stated he would like for the City to get involved, the people who complained to the City be informed of what CVWD did, and what the City was proposing. Responding to the length of time before something could actually be done, Mr. Ortega responded he already had discussions with CVWD and was sending them an agreement where they will agree to pay a portion of the cost and provide the water maintenance. Upon further question, he replied an agreement could be obtained in two weeks with staff providing hand- drawn plans. Councilmember Finerty requested an assimilation of what the plans will look like, and also what it will look like a year down the road. Councilman Ferguson asked if Palm Desert Mobile Estates was in violation of any city code, ordinance, rule, or regulation. Mr. Ortega pointed out the major problem was not the mobile homes, but the storage. Their initial position was that the City had no jurisdiction over mobile home parks, but the State clarified the City did have jurisdiction with �egards to many things, including looking at their storage yard. He said he instructed Code Enforcement Department to begin the process to require that Palm Desert Mobile Estates apply for a permit to have storage. Through that process, he felt conditions could be placed on them for aesthetics and other things. He believed the City will arrive at that point, but initial thoughts were that it was not the City's responsibility, but he now felt the City should get involved. Councilman Ferguson stated he understood Mr. Ortega to say that on one hand, PDME was in violation of the City Ordinance and the City was sending out Code Enforcement to have them comply like any other homeowner in the City, but on the other hand, it's none of our business, which meant they're probably not violating the Ordinance, but were gonna get involved anyways. Mr. Ortega clarified it was not the City's responsibility, because where the trees are proposed to be planted was not City property. Upon further question about any violations of the Code by having exposed storage, he 15 ��-�!�T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 replied that he didn't know, and directed Code Enforcement to look into it, and make them apply for a permit and pursue that avenue. Mr. Croy stated the City currently required RV's to be covered and thaYs the question of whaYs out there. He said they have storage, sheds, and so forth, which may require permits and Code Enforcement is looking into what is required to have a permit, what was in violation, what needs to be covered, and what needs to be removed from the site. He said it was an extensive area that needed to be looked at and reviewed, but the City needs to make sure it doesn't violate any of their rights as well. Mayor Kelly stated the problem was the storage was covered, but CVWD exposed them by removing the trees, and believed CVW D should bare some responsibility. Mr. Ortega agreed to bring back to Council an agreement, plant spec's, and cost in two weeks. He said a lot of time was spent working with the State in determining whether the City had any jurisdiction, and the response from the State was that it did with regards to the storage. MR. CHARLES AUTTERSON, Chaparral Country Club, Camino Arroyo South, Palm Desert, CA,thanked the Council for the opportunity to speak on this matter. He said he was upset because he appeared before Council seven months ago on the same issue. He understood it took time, because it was a complicated situation, and the fact that Palm Desert Mobile Estates was underthe jurisdiction of the State of Califomia Community Development. He said Pedro Rodriguezfrom the City's Code Enforcement Department was his main alliance initially. However, over a period of time after meeting and speaking with Mr. Ortega, it was pointed out that the State regufated the park, and the perimeter of the park was under the City. He said one of the issues he wanted to bring forth that might be to the City's benefit, were pictures of the Palm Desert Mobile Estates after minor windstorms that took place in April with winds of 30-40 mph. He said the photos illustrated the tent barns, framed plastic covers that are made out of flimsy material. He said the tents were blown down and now some of the plastic blew over and shown in the photos that will be provided to the City Clerk to forwarded to the Mayor. He noted a file of the photo's were also delivered earlier this day to the City Manager's office. He said this issue concerned Mr. Rodriguez from Code Enforcement because of the safety factor. He said thousands traveled the bridge, which was beautiful and gorgeous, but eyes were drawn to the storage lot. He said it was beyond an eyesore and awful, and he had never seen anything quite like it in terms of blight in a residentially zoned neighborhood. When he hand-delivered the photos to Mr. Rodriguez, he said he would take it up with the Department of Building and Safety. He said he wasn't an attorney or pretended to understand the different building zoning, code enforcement codes, nuisances, or law, but felt he should point 16 I''y ►r+. w, �.••�,.. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 the situation out. He said he wondered if anyone considered the trees would take five years to grow into maturity to reach the 12 to 14 foot height to hide the tent barns. He suggested installing tennis court fencing, which were allowed at Chaparral Country Club. They've been there for 30 years and were in prestine condition. He said he had estimates and bids, and it would be a quick fix and total blessing for Palm Desert Mobile Estate; although fencing was discouraged by the City, he believed the Council could make exceptions. Mayor Kelly requested Mr. Autterson to provide the information to the City Clerk and that staff will take a look at it. MR. AUTTERSON stated he wanted to make sure someone will look at it, because he's been at it for seven months. Councilman Spiegel moved to, by Minute Motion, authorize the City Manager to negotiate and execute an agreement befinreen the City, Coachella Valley Water District, and Palm Desert Mobile Estates forthe installation of appropriate landscape, maintenance, and provision of irrigation along the Whitewater Channel adjacent to Palm Desert Mobile Estates (Contract No. C26960), said agreement to be returned to the City Council for final review and approval at its next meeting. Motion was seconded by Ferguson and carried by a 5-0 vote. D. CONSIDERATION OF REIMBURSEMENT OPTIONS FOR THE COOK STREET WIDENING PROJECT (PROJECT NO. 601-05). Mr. Ortega noted this item was returned for further consideration by Council. The question whether the City would take 50% reimbursement when the project was completed, or enter a future reimbursement agreement to be reimbursed in the year 2013 at 75%. Council had also asked what the foregoing interest would be for the City to wait. He said the Finance Director calcu4ated both options and it was determined that at this point, the City could go either way. Mayor Kelly explained the City applied for a bond program that was set at 50/50 reimbursement with the project getting done now, or go through the regular process with the City paying forthe whole project up front and getting reimbursed in 2013. He said with the amount of interest lost from the compensation, the City would be better off just paying 50% and getting the project done. Counc94man Ferguson moved to, by Minute Motion, direct staff to maintain the current 50°/a bond reimbursement agreement with the Coachella Valley Association of Governments (CVAG) for the Cook Street Widening Project. Motion was seconded by Finerty and carried by a 5-0 vote. 17 ( "� � �'? PRELiM1NARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 XV. CONTINUED BUSINESS A. REQUEST F4R ADOPTION OF RESOLUTIONS APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE COSTS OF IMPROVEMENTS TO COOK STREET(JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY) (Continued from the meeting of August 9, 2007). Mr. Ortega noted this item was held up because a decision had not been made on the CVAG reimbursement percentage. Upon further question, Mr. Ortega clarified approval of this item would allow the Redevelopment Agency to pay for the 50% cost. CouncilmanJMember Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 07-60, approving payment by the Palm Desert Redevelopment Agency for the costs of improvements to Cook Street; 2) Redevelopment Agency Resolution No. 542, approving payment by the Agency for the costs of improvements to Cook Street. Motion was seconded by Finerty and carried by a 5-0 vote. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT NO. C25570A — CONSTRUCTION OF INFRASTRUCTURE IN THE SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) (PROJECT NO. 627-05). Mr. Ortega noted this was a change order to the ongoing street project and public infrastructure in the north sphere. He noted the staff report and offered that staff was available to answer questions. Councilman Spiegel moved to, by Minute Motion: 1)Approve Change Order No. 2 in the amount of$88,324.86 to the subject contract with Skanska Civil USA West(formerly Yeager-Skanska Inc.), Riverside, California; 2) authorize the transfer of$88,324.86 from contingency to base for the project; 3) authorize the Mayor to execute Change Order No. 2 — funds are available in the Project Account, No. 469-4350-433-4001. Motion was seconded by Finerty and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE PALM DESERT AQUATIC COMPLEX DESIGN AND RELATED ACTIONS. Mr. Ortega noted the staff report in accordance with the directive from Council for staff to return with a new design that included a new cost. In addition, a proposed lease agreement with College of the Desert (COD) for leasing the property and also for providing funds towards operating costs. He offered staff was available to answer questions. 18 �;� � �-T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Parks and Recreation Services Manager Janis Steele noted a positive correction to the estimated total operating cost in the staff report. The amount should be changed to $1.1 million. She said the design included a competition pool that would serve water polo with the diving boards, a zero- depth entry pool for children, an area pool for swimming lessons and water exercise as directed by Council in April 2007. She noted the Principal Architect Roger Clarke with Ruhnau, Ruhnau and Clark, and his colleagues, were present to answer questions as well. Councilman Ferguson stated that after reviewing the renderings, the only thing he didn't like was the enclosure of the tower, which made it look like a fire station or half a barn. He asked if other than for security purposes, if there was a reason for the enclosure, because in most instances it was an open diving tower. Ms. Steele responded the enclosure was for safety and security. Upon further question, she agreed to look at an open tower as a viable alternative that would also exceed the height limit. Councilman Spiegel stated he and Ms. Steele had a telephone conversation after she returned from a Parks and Recreation Convention held in San Diego, and she informed him about a pool that was twice as big than what was originally planned, and wasn't being used as anticipated. Ms. Steele agreed, but clarified she was speaking of a competition pool. Councilman Spiegel noted the lazy river was taken out of the City's original design and thought it was a big mistake. Reason being that it will cost a lot of money to operate a competitive pool annually and was not offering something for the more mature person to use the facility. He said the mature individual will not want to compete and dive and may not want to get into a pool with a lot of little children. If that customer or resident of Palm Desert wanted to use the facility, they'll need a lazy river and wondered if there was a way to include it with the proposed conceptual design. Ms. Steele diverted the question to the Architect. Councilman Ferguson asked Ms. Steele to make an educated guess or estimate if the land was even available to do what Councilman Spiegel was suggesting. Ms. Steele stated her educated guess was no. She said the competition pool would need to be smaller and or laid out differently. Upon further question, she confirmed the original proposed 25 meter, 25 yard pool, would allow for diving, competition, the lazy river, and serve swimming for high school and college level, but not for Olympic events. 19 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Councilman Ferguson stated he understood originally the City was getting the land for free or $1 a year lease. He asked if it was possible to get additional space to accommodate Councilman Spiegel's concerns and whether the design was limited by land. Mr. Ortega responded the City was not physically limited, but COD in their master plan wanted to include some additional parking to the west. He said they could go back to COD and ask that the parking be redesigned and go a little more into their driving range given that there are no existing buildings or physical impediments; it would need to be worked out with COD. He said the prior aquatic proposal included all the amenities at the same site location; however, it was a smaller pool. Councifman Ferguson stated the struggle was between purely recreational use, which was great for the constituents that not actually want to swim in the pool, and the competitive use, which admittedly were younger adults and children through competitive swimming, diving, water polo, water ballet, and synchronized swimming. He's trying to figure out a way to accommodate all segments that might be interested in this facility but would probably require mo�e space. If the space was available, he would be willing to consider a lazy river, if not, it would be another issue. Councilmember Finerty stated she could not begin to justify the City spending $10 million for the "couch potatoes" at home to go down a lazy river. She didn't think it was a wise investment of City funds nor did she believe it was up to a city to provide amenities and recreation like hotels do. Mayor Pro Tem Benson stated that after Council instructed the Architects Ruhnau, Ruhnau and Clark to provide a simple pool for competition and toddler pool, couldn't understand how they came up with the two monstrous diving boards and felt they insisted on including extras that were never requested. Councilman Ferguson responded the Council did indeed make that request. He said Council requested water polo, swimming for high school and college level, and diving were the uses. Mayor Pro Tem Benson and Mayor Kelly both stated they didn't recall diving as part of their request. Councilman Ferguson stated he remembered discussing it and whether Council wanted them or not was a separate issue, but the Architects didn't add them on their own accord. Councilman Spiegel responding to Councilmember Finerty's "couch potato" comment, stated the City provided concerts at the Park for"couch potatoes" 20 DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 every year and didn't think they should be done away with. He said it was an entertainment place for the residents, not a place where you have to go out and exercise. Councilmember Finerty agreed it was entertainment, but questioned how prudent it was for government and cities to provide entertainment for its residents, and this item was for$10 million and the concerts didn't cost that much. Councilman Spiegel replied he didn't think the lazy river cost $10 million either. Ms. Steele pointed out the lazy river was one of the top survey items, and that generally pool trends across the country in family community centers or aquatic centers, leaned more towards recreational features because they helped recover cost. She said if money was spent for the construction of the lazy river, it would be a bigger draw, not just for the mature population but for children too. She said people work out in a lazy river pool by sitting out in it and working out against the current. She said it could be used for a variety of uses, rather than just floating in it. Councitmember Finerty noted she too reviewed the survey, and her interpretation of the survey as a whole was that 7 out of 10 people didn't even want or need a pool, and the 3 out of 10 that did, thought a lazy river and all the perks should be included at City expense. She said it was a small segment of the population that would like to use it, but the majority would have to pay $1.1 million/year to operate, plus $10 million for construction cost, which she believed that amount would go up. She said it was a huge investment and would rather spend the money on an indoor fitness center, which offered a variety of exercises and draw many residents,where the pool would only offer one activity. Councilman Spiegel stated that Rancho La Palmas formerly Marriott Rancho Las Palmas announced they would be tearing down their current swimming pool and building a new one with a lazy river, so that people who are lodging there will have something to do. Councilmember Finerty stated the City was not a hotel. Councilman Ferguson stated he and Councilman Spiegel agreed the need to maximize revenue potential for the pool. He believed having competitive facilities available on a regional attraction basis would be good for the City's economy and also draw a lot of people. He said the soccer park drew a lot of people from all over Southem California to have tournaments in Palm Desert, because the City has such a great facility. He believed the competitive components of the proposed pool will do the same because parent and relatives who would not use the diving boards or swim the 50 21 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 meters, will want to relax and cool off in the lazy river. He said he could see the value and benefit of a limited or lazy river component where the whole family could enjoy. He was persuaded by Councilman Spiegel's comment that all demographics of Palm Desert needed to be covered, not just the younger competitive population. He believed it could all be accomplished if it was worked around the land that's available. He requested that staff incorporate some of Councilman Spiegel's concerns,which at this point were meritorious. Mayor Pro Tem Benson stated the lazy river that was first introduced in the initial design was huge and she didn't want that. Councilman Spiegel moved to, by Minute Motion, asked staff to review and work with the architects to incorporate the comments made at this meeting, i.e., Lazy River component that is scaled back from the first proposal, and return to the City Council for consideration. Motion was seconded by Ferguson. Mayor Pro Tem Benson thought some guidelines on the lazy river should be provided because she didn't want the same lazy river that was initially presented. Mayor Kelly understood from comments made, that it would be a less intensive lazy river. Ms. Steele agreed. Mayor Pro Tem Benson asked if the new design would be without the diving boards, or whether the diving boards needed to be that high. Councilman Ferguson stated he would not go along with that. Mayor Kelly stated he didn't like the diving boards either. He shared he went to a swimming competition event attended by more than 5,000 and there were no diving boards anywhere to be seen. Councilman Ferguson responded Mayor Kelly needed to attend a diving competition. Mayor Kelly stated he read the minutes from the Parks and Recreation Commission and gathered the Commission evidently felt the Council knew a lot more about what's going on. He believed the Commission received the same information at the same time Council did. He said he felt bad about the communication between the Council and the Parks and Recreation Commission because it sounded to him like they had no idea what was happening. He said there was a big disagreement with what Council sent back to them the last time, but a lot had changed now. He said he would like to see a way for the Commission to be brought in to at least keep them well informed to build a better relationship between the both. He noted it was just his comment. 22 �7 �. ✓�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Mayor Kelly called for the vote, and the motion carried by a 3-2 vote, with Benson and Finerty voting NO. C. REPORT ON THE PROPOSED CLOSURE OFNORTHBOUND MONTEREY AVENUE FOR THE COACHELLA VALLEY WATER DISTRICT'S IMPROVEMENT DISTRICT 53 TRUNK SEWER PROJECT. Mr. Ortega stated an update was being provided because the engineering staff reviewed what was previously authorized and they may have an alternative option which will allow for one free-flowing lane to the north on Monterrey Avenue. He offered that staff was available to make a presentation. Mr. Greenwood stated that after the last meeting when he originally recommended closing all of the northbound lanes on Monterrey Avenue for the sewer project, he's received a great response from residents, staff, and management, and he's reconsidered his decision. He is now working with the Coachella Valley Water District contractor to maintain one lane northbound on Monterey Avenue and implemented the plan this Tuesday. He said CVWD assured the City they could finish the project before Thanksgiving and that's how the City intend to proceed. Councilman Spiegel moved to receive and file. Motion was seconded by Kelly. Mr. Ortega asked if the City was still intending to work with the City of Rancho Mirage regarding the median at that location. Mr. Greenwood stated a meeting was set with the Director of Public Works for the City of Rancho Mirage, and they seem to be working it out. Mrs. Klassen announced the motion to receive and file carried by unanimous vote. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN/CONDITIONAL USE PERMITAND DEVELOPMENTAGREEMENTTO CONSTRUCTA 12-UNIT SENIOR CITIZEN APARTMENT PROJECT LOCATED AT 73-811 SANTA ROSA WAY, AND APPROVAL OF THE HOUSING AGREEMENT RELATED THERETO Case Nos. DA 07-01 and PP/CUP 07-06 (Bernard Investment Group / Ken Bernard, Applicant) (Continued from the meeting of August 9, 2007). Mayor Kelly noted that Public Hearing Item A and B would be considered jointly. Item A represented the original concept and Item B was the new proposal. Please refer to Public Hearing Item B for that portion of the Minutes for discussion and subsequent action. 23 ��'�}.��' PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 B. REQUEST FOR APPROVAL OF A PRECISE PLAN/CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT TO CONSTRUCT A 14-UNIT SENIOR CITIZEN APARTMENT PROJECT LOCATED AT 73-811 SANTA R�SA WAY,AND APPROVAL OF THE HOUSING AGREEMENT RELATED THERETO Case Nos. DA 07-01 and PP/CUP 07-06 (Bernard Investment Group / Ken Bernard, Applicant). Mayor Kelly noted that Public Hearing Item A and B would be considered jointly. Item A represented the original concept and Item B was the new proposal. Principal Planner Tony Bagato stated this item was a continued so that staff can look at the plan to provide better access to the second floor. They considered putting all the units on one floor, but because of its flag-shaped lot, it would eliminate most of the open space and would be a tight design. An extra unit that met all the code requirements of the zone was added making it possible for the Applicant to include an elevator to the project. Staff recommends approval of the two story, 14-unit building that complied with all the development standard zones and included an elevator. Responding to question regarding the number of elevators added to the project, Mr. Bagato replied one elevator. Councilmember Finerty requested to view a rendering of the architecture of the new design that showed where the two extra units would be located. Mayor Kelly stated it was the same structure, and at the last meeting, Council had an issue with the lack of an elevator, and the new design now included one. Mr. Bagato agreed. Councilmember Finerty stated the previous proposal had two separate buildings, and she was trying to understand if the Applicant brought the two building together. Mr. Bagato answered no. He explained that one building included three units on each floor with a balcony on the second floor, with an elevator in the middle that will serve both buildings. The other building is now four units on each floor making it now an eight-unit building instead of a six-unit building. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he closed the public hearing. Councilman Ferguson moved to: 1) Waive further reading and pass Ordinance No. 1141 A to second reading, approving Development Agreement 07-01; 2)waive further reading and adopt Resolution No.07-61 A, approving Precise Plan/Conditional Use Permit 07-06, subject to conditions attached thereto; 3) by Minute Motion, approve the Housing Agreement, substantially as to form, and authorize the City Manager to finalize the 24 D�AFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Agreement and the Mayor to execute same. Motion was seconded by Spiegel and carried by a 5-0 vote. C. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DENIAL OF AN AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 TO ALLOW THE DIVISION OF HOMES FROM FOUR (4) TO 12 FRACTIONAL INTERESTS WITHIN THE STONE EAGLE PROJECT, WEST OF HIGHWAY 74 AT HOMESTEAD ROAD — APPLICATION HAS SINCE BEEN REVISED TO NINE (9) FRACTIONAL INTERESTS ON A MAXIMUM 20 UNITS Case No. DA 02-01 Amendment #1 (Eagle 6.5 LLC, Applicant/Appellant). Ms. Aylaian stated Stone Eagle was approved in 2002, the development included a golf course, open space, amenities for the golf course, and up to 60 homes, each of which could be sold in fractional shares of up to four per dwelling unit. To date the golf course and amenities have been constructed and 46 of the 60 homes have been entitled. The subject proposal would revise the manner in which fractional units of those 60 units could be sold. It does not make changes to the number or types of structures or to anything in the built environment. In the Spring of this year, the developer requested a change in the way that fractional shares were allowed, so that they could sell rather than up to four shares per dwelling, to twelve shares per dwelling unit. The Planning Commission held public hearings and denied the request. The Planning Commission members generally expressed concern regarding increased number of owners this would involve and the potential for increase traffic associated with increase owners. There also seemed to be some confusion regarding whether or not the homes that had already been sold as Whole Ownership,could then subsequently be sold as Fractional Ownership. The Applicant appealed the decision of the Planning Commission and simultaneously they revised their request down from 12 shares per dwelling unit to 9 shares, for only 20 of the units. They also agreed that the remaining 40 units would be sold only as Whole Ownership. The end result is that under the current Development Agreement there could be 240 owners at Stone Eagle, and with the proposed Development Agreement there would be 220, which would be a net reduction of 20 owners. The proposed modification also would impose a public facilities impact mitigation fee of $2,700 unit/year. There was no such fee in the original or existing agreement. This could net a total of$54,000 per year if all 20 units are sold on a fractional basis. She said it was appropriate to acknowledge that at Stone Eagle's Development there have been a number of environmental concems raised by the residents and neighbors to the project. Staff, neighbors, and developer continue to work to resolve those environmental concerns, with a few that linger. Councilman Ferguson stated that with regards to this item and the following item, that within the past six months, he's represented a property owner that has an interest in the outcome about the decisions made on both. He noted 25 DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 that under the law he would need to recused himself and left the Council Chamber. Ms. Aylaian noted there was a letter that was added to the Agenda packet from a neighbor of the project, it touches upon the environmental concerns, both that have been resolved and the few that linger. Because the proposed modification is independent of al! environmental issues, staff recommends that Amendment No. 1 to Development Agreement 02-01, be approved subject to a $2,700 annual fee per unit and passed to second reading with such language to be added to the Development Agreement between the first and second reading of the Ordinance. Councilman Spiegel stated since modifications were made afterthe Planning Commission denied it, why didn't it go back to the Planning Commission. Ms. Aylaian responded that typically it would go back to the Planning Commission if the change was an increase in use or increase in density, and in this instance, the modification are actually a reduction in their request than originally presented. The information regarding the revisions was provided to the Planning Commission as an informational basis at their last meeting. Upon further question, she replied the Planning Commission did not forward any comments. Mayor Kelly asked if the City would received the same mitigation fee like it did with other time shares. Ms. Aylaian replied that it was comparable each timeshare project had a different fee. Those timeshares where there is a golf course have a higher fee, and this fee is appropriate and consistent with what's been done with other projects. Mayor Pro Tem Benson stated although she didn't want to hold the Applicant hostage on the subject request, she wondered if progress was being made on the environmental issues. Ms. Aylaian stated that originally there were 12 to 15 items that were raised as concerns, and all but three have been resolved. One of the most significant concerns has been the most difficult to nail down, and that deals with the quality of water that has n.�n off to the adjacent streams and spent the summer testing the water quality and expect to wrap that issue up in the near future. There was one more directors hearing scheduled on the environmental issues for October 4, 2007, and iYs the intent to have final answers and recommendations for closure on all of the items by that time. Councilman Spiegel inquired about the final vote of 4-0-1, with Commissioner Limont abstaining. He wondered why Commissioner Limont abstained. 26 QRA�T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Ms. Aylaian responded that at the time, she believed Commissioner Limont was negotiating to purchase property that would of made her a neighbor to Stone Eagle. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he closed the public hearing. Councilmember Finerty stated she was pleased there was a compromise and the project will have 220 owners instead of 240, and thought that was great work by staff and appreciated their efforts. Councilmember Finerty moved to waive further reading and pass Ordinance No. 1142 to second reading, subject to a $2,700 annual fee/unit Public Facilities Impact Mitigation Fee to be imposed, such language to be added to the Development Agreement between first and second readings of the Ordinance. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. Councilman Spiegel asked the Applicant to continue to work with the neighbors to rectify any problems or concerns. The Applicant agreed. D. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION APPROVAL FOR TWO (2) TENTATIVE TRACT MAPS TO SUBDIVIDE 7.58 ACRES INTO 331 LOTS FOR PROPERTY LOCATED AT 73-750 COUNTRY CLUB DRIVE (APNs 620-272-014, 620-261-050, 620-251-039, 620-241-027, 620-094-026, 620-082-035, 620-131-031, 620-141-001, AN D 620-151-034) Case Nos. TT 35271 and 35272 (Palm Desert Greens Association, Applicant) (Gerhard Befeld, Appellant). Associate Planner Ryan Stendell stated the matter before Council was an appeal of a Planning Commission decision dated July 3,2007. The Planning Commission originally reviewed this case in March 2007, at that time the proposal was to subdivide the 15 foot buffer zone that is around the entire property of Palm Desert Greens Country Club (PDGCC) in a 331 residential lots in a revenue generated program for Palm Desert Greens. They will attempt to sell back each property to each individual homeowner that is currently using the property for free. At that hearing, the owner to the south at Suncrest Country Club addressed the Commission and asked if it was the an opportune time to take a look at the aging fencing and landscaping that's between Palm Desert Greens and Suncrest Country Club. As it exists now, there is a six foot chain link fence with a 30+year old oleanders, which some are dying, but most are in decent shape. The Commission granted a continuance to allow the neighbors together and work the issue out. After a series of continuances, the Applicants Palm Desert Greens, have notified staff that they would not be giving anyone an agreement and asked if they could proceed without any type of agreement, because the direction from the 27 ��,n�` � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Planning Commission was to return when an agreement was reached. At that time, the City Attorney had reached a conclusion that there was no reasonable nexus between a condition for a wall between the two properties, being that the City was dealing with an existing mobile home park with screening and fencing already in place and that the subdivision of property did not constitute a condition for a new wall. At the July 3, 2007, staff took the issue back to the Planning Commission and ultimately the two maps were approved. At that hearing, the Appellant, Mr. Befeld of Suncrest Country Club, felt there was a condition from a 1970 Palm Desert Greens Tract Map that would require fencing or wall between the two properties and the response from the City Attorney and staff was that it would be researched, and if there was a condition, it would not hinder the subdivision; however, that condition would be pass down to each individual property owne�, if they bought that property. If the property is never sold, it remains in the hands of the homeowners association and the homeowners association still has jurisdiction over it. He said that either way, the opinion was that the subdivision could occur if there was a condition in place, it would be enforced by the City. Subsequently, the files were found from 1970 and the condition is clear that masonry wall was to be constructed along Country Club Drive and all other boundaries were allowed to construct six feet chain link fence in lieu of a block wall. The original maps also indicate the 15 foot buffer area as fencing and landscaping, which is very vague to say the least. At this time, staff did not have any conclusive change of its opinion from the Planning Commission and still recommending that the City Council reaffirm the decision of the Planning Commission dated July 3, 2007. He noted the Appellant and original Applicants were present to answer any questions. Mayor Kelly declared the public hearing o en and invited testimony in FAVOR of or in OPPOSITION to this matter. MR. GERHARD BEFELD, Owner of Suncrest Country Club, stated the reason he appealed the action from the Planning Commission was because they weren't able to locate all the original documents before that hearing. Once found, the documents are not very thorough, but if the pieces are put together, you come up with the answer that Palm Desert Greens is obligated to provide a visual barrier and he's arrived at that conclusion is that PDGCC could install a chain link fence, but the map that accompanied that condition, indicates there would be landscaping. In the Department of Real Estate report for those tracts indicates that under Nuisance Hazards, hazards to prevent dust,the Palm Desert Greens developer surrounded the subdivision with trees and fencing. The first fuzzy photograph illustrated what the area looked like in June 1987, meeting the condition of a 15-foot buffer zone and hedge completely around it. The reason it was important as illustrated in the north boundary and east boundary, Suncrest Country Club streets border their back yards. He noted some have nice backyards and others do not. 28 ��. ...,., PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Some homes have wheel barrels hanging on old broken down cars and things like that. He said he's even allowed Palm Desert Greens to trim their threes from his side of the property because it was easier than going through people's yards. It went on for years, but then decided it was too much work and started letting property owners pull them out. He said Suncrest Country Club then planted their own plants, but have now died out also. He believed this was the right time to come up with a solution so that both sides can live with it and should be tied together. MR. ROY CRON, President of the Palm Desert Greens Homeowners Association, 39-030 Cudy Circle, stated that Mr. Stendell stated the HOA's position. He said they have attempted to discuss many avenues with Mr. Befeld. He said one meeting did take place and both boards were present, it wasn't productive. He said on many occasions they attempted to reach Mr. Befeld by telephone calls, by the general manager and they were unsuccessful. He believed the general manager did make contact with Mr. Befeld's wife on a few occasions, but never making contact with him , which made it very difficult to make any decisions on this issue. He said they requested that the Planning Commissions decision be reaffirmed on the passage of this particular map plan, so that they could move ahead. He acknowledge they were not through discussing anything with Mr. Befeld, it just meant that they need access to Mr. Befeld to do it. Mayor Kelly asked Mr. Cron if he was willing to jointly place a wall between Palm Desert Greens Country Club and Suncrest Country Club. MR. CRON responded there were no unilateral decision made by his board of directors and could not answer that questions. He said they've looked into the cost of putting a wall and it was an unbelievable amount of money, with the engineering that needed to be done. He didn't have the documents with him, but could provide them to the City Council, which was a civil engineer's opinion that was done in 1985 on how the wall would need to be engineered, would make it so cost prohibited, that it was not practical. At the conclusion of that report,they stated they would not be willing to bid on the project. The engineers felt that the foliage barriers that were up at that time, were adequate between the two properties. Mayor Kelly asked if he understood the City of Palm Desert had an Ordinance that prohibited chain link fences. MR. CRON responded the fences were interior fences similar to the chain link fence that borders between Freedom Park and Ronald Reagan Elementary School. Mayor Kelly stated it was a very blighted condition, that would lend itself to code enforcement looking at it, and noted he was asking for a subdivision 29 �� =�-�- , �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 approval and when Council reviews a subdivision approval, they generally ask that a subdivison come up to the standards of the City of Palm Desert. Councilmember Finerty asked Mr. Con if he's had the oppo�tunity to view the pictures provided by Mr. Befeld. MR. CRON responded their board of directors and other members of the community have viewed both sides of the fence issue, both from Suncrest and Palm Desert Greens. He admits there are some warts there that need to be taken care of, but they never said they wouldn't do that, they've only said they will not build a wall, because they don't have the funds to build a wall. Mayor Kelly stated that in Council's position, your asking the City to allow approval on a subdivision, but the City has no assurance that anything will happen to clean up the mess that's there. MR. CRON agreed to a degree, but they have attempted to meet with Mr. Befeld to solve the problem. Mayor Kelly stated he will also speak with Mr. Befeld, and felt the City may have to mitigate the meetings until an agreement is reached. He said he was not prepared to vote yes on something that leave an issue so unsettled. MR. CRON stated he would welcome any information or help the City could provide in settling the issue between the two communities. Mayor Kelly asked Mr. Befeld to respond to the same question presented to Mr. Cron. MR. BEFELD stated he would be agreeable and believed it would be useful to have oversight from the City. He said it's been difficult to get together because they work by a committee and he's an individual, some of the meeting were canceled because they didn't have all their members. He agreed to meet under the supervision of staff. Mayor Kelly asked Mr. Befeld if he was willing to come to some agreement with the oversight of the City. Mayor Kelly asked the City Manager and City Attorney for the City to mediate the meeting where an agreement was reached that both parties could sign off on. Mr. Erwin responded the City could certainly do that. 30 � � � � � , ` � �- PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Councilman Spiegel stated it was his understanding that Mr. Befeld was willing to pay for half of the cost of th wall. MR. BEFELD responded that he had not stated that, but at this point, he was willing to. He said he agreed with the Mayor view, to not let this matter slide. Councilman Spiegel asked if he had estimated the cost of the wall. MR. BEFELD stated that based on the most recent wall he build on Monterey Avenue, he estimated it would cost $200,000, except for the last portion mentioned by Mr. Cron, and he's not seen the documents referred to. He's not estimated that portion. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilmember Finerty suggested continuing the matter to allow staff to work with Suncrest Country Club and Pafm Desert Greens to reach an agreement before consideration of the subject item. Mr. Erwin advised Council to keep the public hearing open. Mayor Kelly reo�ened the public hearing. Councilmember Finerty and Councilman Spiegel volunteered to serve with staff to work with Suncrest Country Club and Palm Desert Greens in reaching an agreement. Councilmember Finerty moved to continued the public hearing to the meeting of October 11, 2007, with staff and a subcommittee of Councilmembers Finerty and Spiegel to work with the Applicant and Appellant in the meantime to work out an agreement for the wall/landscaping issue. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. E. REQUEST FOR APPROVAL OF AMENDED CITY OF PALM DESERT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CITIZEN PARTICIPATION PLAN. Mr. Ortega noted this item involved Federal monies received and the need to amend the grant. Councilman Spiegel asked what exactly was being amended. Ms. Riddle responded it was a clarification item for instances where funds need to be reallocated. If a recipient who has already been awarded funds, sometimes they run into situation where they can't move forward with one 31 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 project, so the agency reallocate it to another qualifying project, as oppose to reprogramming,where the agency approve funds to another organization. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he closed the public hearing. Mayor Pro Tem Benson moved to, by Minute Motion, approve the Amended City of Palm Desert Community Development Block Grant (CDBG) Citizen Participation Plan. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. XVIN. REPORTS AND REMARKS A. CITY MANAGER 1. Resident Concerns Mr. Ortega recalled that a resident raised concerns at the last meeting, and two letters from staff were sent to him since. Additionally, he said he'd had a long conversation with Mr. Cieslikowski about the City's policies on including turf and f�owers in medians, Desert Willow Resident Rates, and maintenance of palm trees and shrubbery. Subsequently, Mr. Cieslikowski submitted some recommendations to be included in a City ordinance, and he was assured that they would be reviewed. MR. CARL CIESLIKOWSKI, Palm Desert, said he hoped the City Council had received his correspondence and concerns, and acknowledged his conversations with Mr. Ortega and Landscape Manager Spencer Knight. He believed the ordinance he proposed would better clarify Section 8.70.190 - Vegetation and Landscaping; although, he was disappointed that neither one of his concerns were addressed in Mr. Knight's letter. He felt that when things were referred to staff, it appears they go with what the City Council has done previously in its ordinances and codes; only elected officials have the power to make a policy change whenever iYs necessary. However, matters such as he raised should be properly put before a deliberative body. He hoped that his as well as all citizen suggestions were given due consideration; existing laws and codes should be routinely reviewed to ensure theircompatibilitywith current conditions. He felt such matters should be referred to the appropriate commission in a given area for deliberation. Mayor Kelly pointed out that most of the City's Committees and Commissions only meet monthly, which would add time to consideration of any suggestion. Whereas, the City tried to respond 32 !r'y. .0,t ,c. •�y! � '� !� . �•S PRELIMINARY MINUTES � `� REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 directly to citizen suggestions as quickly as possible. He noted that Mr. Cieslikowski's concerns about flowers and trees could be reviewed in the City's Landscape Beautification Committee, adding that the City was in a constant mode of change and, hopefully, improvement. MR. CIESLIKOWSKI went on to say that the City Manager had committed to speaking with Desert Willow General Manager Gary Piotrowski about the summer resident fee matter, and he requested some feedback on the outcome. He felt there were a variety of options that could be pursued. Mayor Kelly noted he had an interest in that issue as well and anticipated a special program to be developed by next summer. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Field Trip for Gvmnasium/Fitness Facilities — Councilman Spiegel asked the City Clerk to work with Ms. Steele and the City Council's Secretary to schedule two different days for the Parks & Recreation Commission and the City Council to charter a bus and jointly visit six locations in Southern California (three sites each in the San Diego and Costa Mesa areas) with facilities of the type that woutd be appropriate for Palm Desert. He said it appeared that Thursdays and Fridays would be the most convenient days. 33 PRELIMINARY MINUTES �� REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 o Citv Council Committee Reports: None o Citv Council Comments: 1. Public Safety Academy Groundbreakinq—Councilman Spiegel announced that College of the Desert will break ground for the new Palm Desert Public Safety Academy at 10:00 a.m. on November 14. 2. Resaonse to Recent South Palm Desert Power Outaqe Mayor Kelly complimented Risk Manager Gary Rosenblum, Mrs. Gilligan, and Senior Management Analyst Pat Scully for the speedy response they made after learning of the power outage for 5,000 residents in South Palm Desert at 3:00 p.m. on a hot afternoon, Friday, August 31. A cooling center was quickly opened at the Palm Desert Community Center(Park 8� Rec. Center). He agreed with the excellent follow-up report by Mr. Rosenblum, which indicated that while it was important to plan for and be able to respond to catastrophic occurrences, it was also important to have plans for localized incidents, such as the power outage. He felt Mr. Rosenblum should be encouraged to pursue identification of several cooling center locations throughout the City to provide relief whenever they were necessary. 3. 2007 Samsunp World Championship Communitv Day with Lorena Ochoa — Mayor Kelly reported he had a great experience with No. 1 Female Golfer Worldwide, Ms. Ochoa, on August 28, when she arrived long before 6:00 a.m. and then spent half the day conducting a golf clinic for residents and youth of Palm Desert. He noted it was widely covered by Coachella Valley media, in addition to national and intemational recognition. He said hertalent and graciousness were equally great, and he hoped to be able to appropriately recognize her for this effort in the near future. 4. Nicole Castrale - Mayor Kelly commented that Ms. Castrale attended Palm Desert High School and played with the Boys' Golf Team there. She will be playing in the Solheim Cup Matches starting tomorrow. He added there was a wonderful article about her in the 92260 Magazine this month, and he encouraged everyone to read it, because her golfing achievements were noteworthy—another Palm Desert resident who was a tremendous golfer and a nice young lady. He 34 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 recalled the privilege of playing golf with her and winning a trophy about 10 years ago in a tournament that paired junior golfers with older golfers. He felt she should be recognized for her accomplishments as well. XIX. ADJOURNMENT Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Kelly adjourned the meeting at 6:07 p.m. RICHARD S.KELLY,MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 35