HomeMy WebLinkAboutPrelim - CC - 04/09/09 DRAFT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, APRIL 9, 2009
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Spiegel convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Jim Ferguson
Mayor Pro Tem Cindy Finerty
Councilman Richard S. Kelly
Mayor Robert A. Spiegel
Also Present:
John M. Wohlmuth, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, ACM for Community Services
Homer Croy, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
II1. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Hearing pursuant to Government Code Section 54956.7:
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Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APN 627-071-016 (44-850 San Antonio Circle, Palm Desert)
Negotiating Parties:
Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Amber Witte, Aubrey Witte
Under Negotiation: x Price x Terms of Payment
2) Property: APNs 637-170-028 and 637-170-027
Negotiating Parties:
Agency: Justin McCarthy/Mark Greenwood/Martin Alvarez/
City of Palm Desert/Palm Desert Redevelopment Agency
Property Owner: The Warner Trail Maintenance Association
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) Sierra Club and Center for Biological Diversity v. City of Palm Desert,
et al., Riverside County Superior Court, Case No. INC 084911
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Public Employment pursuant to Government Code Section 54957:
Title of Position: City Attorney
Mr. Erwin asked for City Council's/Agency Board's consideration of adding five
additional names and the respective Assessor's Parcel Numbers to Property
Negotiation Item No. 2 that had been inadvertently omitted from the agenda.
Upon a motion by Finerty, second by Ferguson, and 5-0 vote of the City
Council/Agency Board, the following five names and Assessor's Parcel Numbers were
added to Property Negotiation Item No. 2 above, pursuant to Government Code
Section 54956.8.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009
Gustavo Gonzalez - APN 637-170-033
Patricia Lewis - APN 637-170-032
Theresa Green - APN 637-170-031
Gayland Trousdale - APN 637-170-030
Rodney Cosgrove - APN 637-170-029
Councilman Kelly asked about adding a case of potential litigation to the agenda
relative to the Stone Eagle matter on today's regular session agenda.
Mr. Erwin responded that there had been numerous threats that have approached
the status of litigation and agreed that it would be appropriate to add a case of
potential litigation.
Councilman Ferguson noted that he would need to abstain from the vote to add this
item to the Closed Session agenda due to his legal representation of a client whose
property is immediately adjacent to both Stone Eagle and to Mr. Scheer.
On a motion by Kelly, second by Finerty, and 4-0-1 vote of the City Council, with
Ferguson ABSTAINING, one case of potential litigation pursuant to Government Code
Section 54956.9(b) was added to the Closed Session Agenda.
Councilman Ferguson also asked for his colleagues' consideration of adding an
item to the Consent Calendar: AB 432 (Nestande). He said it was legislation for
Palm Desert drafted by Attorney Bill Strausz that was returned from Legislative
Counsel last Friday. He just received an e-mail that a hearing for the Bill was set
for April 27; and the author asked the City for a letter of support for this Feed-in
Tariff Legislation, which was what he studied on his trip to Spain last October. He
explained that there would be no cost to Palm Desert, but it would require Southern
California Edison to pay people with solar panels for any energy it uses above and
beyond what is used by the residence. He said it would be the subject of many
hearings and important for the City to get its letter of support out quickly.
Councilman Ferguson moved to add Authorization for the Mayor to Send a Letter
of Support for AB 432 (Nestande) to Item X - Consent Calendar on today's agenda.
Motion was seconded by Finerty and carried by 5-0 vote.
With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed
Session at 3:04 p.m. He reconvened the meeting at 4:00 p.m.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Erwin reported on two actions taken in Closed Session:
1) In the matter of the Sierra Club and Center for Biological Diversity v.
City of Palm Desert, the City will be defended by Best, Best&Krieger,
with Michelle Ouetlette as the lead CEQA Attorney.
2) City Council determined to go out with a Request For Proposals
(RFP) for the City Attorney position, and the current contract with
Best, Best & Krieger would be terminated effective July 1, 2009.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE
UNITED STATES OF AMERICA- Mayor Robert A. Spiegel
VII. INVOCATION - Councilman Richard S. Kelly
VIII. ORAL COMMUNICATIONS - B
MR. ROB BALLEW, Executive Director of the Family YMCA of the Desert, along
with MS. MARGARET CLAGGETT, Manager of the Palm Desert Rabobank,
thanked the City for its help with and sponsorship of this Saturday's Easter Egg
Hunt to be held in Civic Center Park at 9:00 a.m. Following the Easter Egg Hunt,
there would be a "Healthy Kids Day," which had over 1,100 people participate last
year and was being sponsored this year by Rabobank. They presented
Mayor Spiegel with one of the stuffed, backpack Easter bunnies that all kids would
be receiving for their participation, made available by Kohls Department Store.
Additionally, they presented each City Councilmember and Mr. Wohlmuth with a
golden Easter egg for all their help and support.
Mayor Spiegel thanked Mr. Ballew and Ms. Claggett and added that the City was
also presenting an Arbor Day Celebration in the Park this Saturday, promising a full
day of activities in the Park.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE KEVIN GROCHAU FOR HIS SERVICE
TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES
COMMISSION.
Mr. Grochau was unable to be present at today's meeting; the item will be
continued to the meeting of April 23, 2009.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009
B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF
APRIL 2009 AS "NATIONAL DONATE A LIFE MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Spiegel presented the proclamation to
Mr. Miles Kay.
MR. KAY, as an ambassador on behalf of One Legacy, the organ
procurement organization for the Inland Empire, and Donate Life California,
thanked City Council, adding that it was joining 70 other California cities in
making this proclamation that would increase awareness of the need for
organ donation. He said it was especially important since 21,000 people in
California were waiting for an organ and encouraged everyone to solve the
problem and give the gift of life by signing up on the State's donor registry,
which had already reached 4,000,000 and will reach 5,000,000 this year. He
introduced his wife, Sylvia, who herself was given the gift of life with a liver
transplant in December 2001, and his granddaughter Zara, who presented
the City Council with Donate Life lapel pins, bracelets, and bookmarks.
C. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF
APRIL 2009 AS "SEXUAL ASSAULT AWARENESS MONTH" IN THE
CITY OF PALM DESERT.
On behalf of the City Council, Mayor Spiegel presented the proclamation to
Ms. Margaret Davies of Coachella Valley Sexual Assault Services, Inc.
MS. DAVIES thanked the City Council for the proclamation and commented
that it was a very worthy cause.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of March 26, 2009.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 188, 203, 204, and 209.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
The Hood, 73-850 Highway 111, Suite A, Palm Desert.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009
D. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Art In Public Places Commission Meeting of January 21, 2009.
2. Cultural Resources Preservation Committee Meeting of February 24,
2009.
3. Landscape Beautification Committee Meeting of February 18, 2009.
4. Library Promotion Committee Meeting of December 17, 2008.
5. Marketing Committee Meeting of January 20, 2009.
Rec: Receive and file.
E. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and
Authorizing the Destruction of Paper Records from the Department of
Building & Safety that Have Been Digitally Imaged.
Rec: Waive further reading and adopt: 1) Resolution No. 09-18 -
October 2008 Records; 2) Resolution No. 09-19 - November 2008
Records; 3) Resolution No. 09-20 - December 2008 Records.
F. RESOLUTION NO. 09-21 - A Resolution of the City Council of the City of
Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Paper Records from the Office of the City Clerk that
Have Been Digitally Imaged (January 2009 List).
Rec: Waive further reading and adopt.
G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28030A —
Country Club Drive Curb Retrofit Project (Project No. 619-08)
(Contreras Construction Company, Indio, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
H. REQUEST FOR APPROVAL of Special Event to Be Held on City-owned
Property - "Parking Lot Sale" at the Joslyn Senior Center.
Rec: By Minute Motion, approve a "Parking Lot Sale"on May 2, 2009, from
9:00 a.m. - 1:00 p.m. at the Joslyn Senior Center located at
. 73-750 Catalina Way, Palm Desert, a City-owned property.
This request was withdrawn from the agenda.
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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009
I. CONSIDERATION of Legislative Review Committee Action on AB 333
(Fuentes) - Subdivision Maps.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 333 (Fuentes).
J. CONSIDERATION of Legislative Review Committee Action on AB 433
(Ammiano) — Newly Constructed Buildings' Ventilation Systems.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of support for the Mayor's signature with regard to
AB 433 (Ammiano).
K. CONSIDERATION of Legislative Review Committee Action on AB 546
(Knight) — Sales Tax Exemption.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 546 (Knight).
L. CONSIDERATION of Legislative Review Committee Action on AB 815
(Ma) — Public Contracts.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 815 (Ma).
M. CONSIDERATION of Legislative Review Committee Action on AB 874
(Saldana) — Recreational Activities.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 874 (Saldana).
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009
N. CONSIDERATION of Legislative Review Committee Action on AB 1028
(Blumenfield) — Tax Levies.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 1028 (Blumenfield).
O. CONSIDERATION of Legislative Review Committee Action on AB 1064
(Garrick) — Public Contracts.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 1064 (Garrick).
P. CONSIDERATION of Legislative Review Committee Action on AB 1262
(A. Strickland) — Sales Tax Exemptions.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 1262 (A. Strickland).
Q. CONSIDERATION of Legislative Review Committee Action on AB 1523
(C. Calderon) — Tax Levies.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 1523 (C. Calderon).
R. CONSIDERATION of Legislative Review Committee Action on SB 559
(Walters) — Tax Exemptions.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to SB 559 (Walters).
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009
S. CONSIDERATION of Legislative Review Committee Action on SB 663
(Benoit) — Neighborhood Electric Vehicles.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of support for the Mayor's signature with regard to
SB 663 (Benoit).
T. CONSIDERATION of Legislative Review Committee Action on SB 699
(Alquist) — Manufacturing Equipment.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to SB 699 (Alquist).
U. CONSIDERATION of Legislative Review Committee Action on SB 711
(Leno) — Labor Negotiations.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to SB 711 (Leno).
V. CONSIDERATION of Legislative Review Committee Action on SB 802
(Leno) — Public Contracts.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to SB 802 (Leno).
W. CONSIDERATION of Legislative Review Committee Action on SB 813
(Kehoe) — Redevelopment.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 24, 2009, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to SB 813 (Kehoe).
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009
ADDED BY 5-0 VOTE at Convening of the Meeting:
X. REQUEST FORAUTHORIZATION forthe Mayorto Send a Letterof Support
for AB 432 (Nestande) — Feed-in Tariff.
Rec: By Minute Motion, authorize the Mayor to send a letter of support for
AB 432 (Nestande).
Councilman Ferguson moved to, by Minute Motion,approved the Consent Calendar
as presented. Motion was seconded by Finerty.
Mr. Wohlmuth requested that Item H be withdrawn from the Consent Calendar.
Councilman Ferguson amended his motion to remove Item H and approve the
remainder of the Consent Calendar. Motion was seconded by Finerty and carried by a 5-0
vote of the City Council.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009
XIV. NEW BUSINESS
A. CONSIDERATIONOFAPPOINTMENTTOTHEPLANNING COMMISSION
AND RELATED ACTIONS.
Councilman Kelly stated it would be a more compatible selection process if
each Councilmember selected a Planning Commissioner. He understood
there was concern that Councilmembers might tend to control their
appointee, but he didn't believe that would happen because that would have
already happened. He had an experience in his own neighborhood where he
didn't get the results he had hoped for in his neighborhood, and he didn't
make a public appearance or solicit any Planning Commissioner to vote in
any way, other than appearing before the whole Planning Commission. He
said it seemed every time the Council had an appointment to make, it
became a controversial issue. He said if each Councilmember selected a
Planning Commissioner, it would be a better reflection of the philosophy of
the Council and things would run more efficient. He believed the Council
should change it's process to have each Councilmember appoint a Planning
Commissioner.
Councilmember Benson disagreed because the current process had been
in place for more than 30 years without much dissention. She said the
system worked and it's what made Palm Desert what it was today. She said
the City Council never interFered with the Planning Commission, and it was
a rare occasion when you saw a Councilmember at a Planning Commission
meeting because the Council wanted to have an independent body; she saw
no reason to change the process.
Councilman Ferguson stated he reviewed the alternatives provided by staff,
and he contacted someone knowledgeable with the County system. The
rationale for a Council appointed Planning Commissioner stemmed largely
from a district driven re-election cycle where there was large territory
involved. Forexample, Supervisor Roy Wilson has his own appointee,which
made it easier for him to manage land use decisions on both the Planning
Commission and the Council from a supervisorial level, instead of having
four colleagues from the Riverside area come out to the desert to look at
every project. He said the Palm Desert City Council didn't have that set of
constraints. He agreed with Councilmember Benson that the current process
had worked for more than 30 years, and it was no secret that a majority of
the people that had served on the Council came from the Planning
Commission. He believed that the appointee to the Planning Commission
should come from the City Council as a whole.
Mayor Pro Tem Finerty stated that coming from the Planning Commission to
the City Council, she remembered the day she was appointed and how good
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it felt to have the full support of the Council, which was a confidence builder.
She said if each Councilmember chose their own Commissioner, she was
concerned that the Commissioner would feel in their heart that they were
somewhat beholding to each individual Councilmember, and it would send
the wrong message. She said if the Council wanted that, then there would
be no need for a Planning Commission. She said the current process had
brought the City success and thought it should not be changed.
Councilman Ferguson moved to, by Minute Motion, appoint Nancy DeLuna to the
Planning Commission fora four-yearterm(01/01/09-12/31/12)to replace Russ Campbell.
Motion was seconded by Finerty.
Councilman Kelly moved to, by Minute Motion, reappoint Russ Campbell to the
Planning Commission for a four-year term (01/01/09 - 12/31/12). Motion died for lack of
a second.
Mayor Spiegel called for the vote on the first motion, and it carried on a 3-2 vote,
with Kelly and Spiegel voting NO.
Councilman Kelly noted his decision had nothing to do with Nancy DeLuna's
appointment, and he had high respect for Ms. DeLuna and the job she did
for the City, but he felt strongly that Russ Campbell had served the City
extremely well on several Committees and Commissions forthe past several
years. He said Mr. Campbell had spent five months in the Planning
Commission and thought it was wrong to remove him now, which was an
example of what he was referring to when he was suggesting each
Councilmember appoint their own Planning Commissioner. He thought it
was bad that Ms. DeLuna did not have a unanimous vote of the City Council
and what had just happen was a mistake and unfair to Mr. Campbell.
Councilman Ferguson echoed Councilman Kelly's comments about
Mr. Campbell and believed he would continue to serve the City well.
However, when Mr. Campbell was appointed last August, it was made clear
that his appointment was only until then, Dave Tschopp's term would expire,
which was in December. When his vote came up for reappointment,
Mr. Campbell lost. He's voted against Mr. Campbell twice, not because he
disliked him, but because he had other people that he preferred, which was
the democratic process. He said that any unfairness that Mr. Campbell had
been put through was done with everyone's eyes open, and it was
unfortunate for Mr. Campbell. While Ms. DeLuna may have a 3-2 support of
a legal vote of this Council, he believed she had a 5-0 support for doing the
job that was expected of her on the Planning Commission. He said
Ms. DeLuna's abilities were equal to Mr. Campbell, but he certainly didn't
have anything negative to say about either one of them.
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Mayor Spiegel agreed with Councilman Kelly that it was no disrespect to
Ms. DeLuna, and that it had more to do with the confidence they had for
someone already serving on the Planning Commission.
B. REQUEST FORAPPROVAL OF THE PURCHASE OF FURNISHINGS FOR
THE HENDERSON COMMUNITY BUILDING IN AN AMOUNT NOT TO
EXCEED $37,566.89 FOR MOVABLE TABLES, ADDITIONAL CHAIRS,
AND PATIO FURNITURE (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Councilmember/Member Benson moved to, by Minute Motion: 1) Approve the
purchase of furnishings from Total Plan Business Interiors, Rancho Mirage, California, for
the Henderson Community Building in the amount of$22,733.39—funds in the amount of
$21,696.60 are available in Account No. 400-4367-433-4001; 2)appropriate an additional
$1,036.79 from the Parkview Office Complex/Henderson Community Building Fund,
Account No. 510-4195-495-3370, to Account No. 400-4367-433-4001 for this purpose;
3)direct staff to store, surplus, or retain the existing conference room table for use at a City
property;4)approve the purchase of permanent furnishings forthe Henderson Community
Building from Landscape Forms, Inc., Kalamazoo, Michigan, in the amount of$14,833.50
— funds are available in Account No. 850-4358-433-4001. Motion was seconded by
Ferguson.
Project Coordinator Heather Beck noted the staff report and offered to
answer questions.
Mayor/Chairman Spiegel stated that last October, the City invested $99,000
on tables and chairs, and that now it was considering getting rid of them.
Ms. Beck responded the original cost for the one table was $8,600. Further
responding, she said the plan was to keep the chairs. She said the original
$99,000 included three tables, credenzas,chairs forthe tables,and historical
photographs.
Mayor/Chairman Spiegel stated that according to the minutes, it appeared
Mayor Pro Tem/Vice Chairman Finerty had changed her mind.
Mayor Pro TemNice Chairman Finerty disagreed,stating she would probably
vote against the recommendation. She said the community was
recommending different types of tables and chairs that are movable;
however, the current chairs were movable and thought people could work
around the tables. The City had a subcommittee comprised of herself and
Councilman Ferguson, and they came up with something they thought would
look nice in the room aesthetically. They did not think that portable chairs
and tables were aesthetically pleasing given the style of the building and the
first-class nature that it represented. She said some members of the
community felt otherwise, so she approached Redevelopment Director
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Martin Alvarez regarding their concern. She said it was important that it be
brought to the entire Council because it wasn't a decision that she alone
should make.
Mayor/Chairman Spiegel read a portion of the May 13, 2008, Minutes where
then Councilmember/Member Finerty stated "the original set of furniture
presented was collapsible and stackable, but the subcommittee did not feel
that type of furniture was appropriate for this building. The building is nice
and modern and the subcommittee chose fabrics that were striking that
complimented style. The problem now was whether or not to accommodate
a large group and lessen the aesthetics, and it was a choice the Council now
needed to make. She didn't know what types of groups were looking to use
the Henderson building versus who went to the Portola Community Center,
but for the amount of money spent on the Henderson Community Building,
she felt the furniture needed to be represented well." He said six months
with the furniture was not a good test.
Mayor Pro Tem/Vice Chairman Finerty responded that it needed to be
understood that she was carrying the wishes of some residents she had
received complaints from, and she may not agree with what they want. She
still believed the furniture that was purchased was appropriate, but this
matter needed to be brought to the entire Council to evaluate. Aesthetically
the City should keep the current furniture, but additional chairs to
accommodate more people and furniture for the patio were items the
Henderson Building currently didn't have.
Mayor/Chairman Spiegel agreed the patio needed furniture because it was
a beautiful and it needed to be used.
Councilman/Member Kelly said the motion was not made by options.
Mayor Pro Tem/Vice Chairman Finerty pointed out that the staff report
included the cost of the patio furniture, and on page two there was an option
to approve the purchase of the furniture at a cost of$14,833.50.
Mayor/Chairman Spiegel stated he had asked staff to look for a vendor
locally that could provide patio furniture and wondered if they had an
opportunity to do so.
Ms. Beck replied there were products that could be purchased locally,
however, staff had concerns with them. The products proposed to Council
were chosen for its durability and sustainable attributes with the ability to
secure them to the patio, but there were other options that staff could
explore.
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Councilman/Member Kelly stafed he was in favor of purchasing patio
furniture, but he was not in favor of changing out all the furniture that was
purchased only six months ago and would vote against the current motion.
Ms. Beck stated it was recently brought to her attention that the Workforce
Housing Grant was a possible source of reimbursement forthese cost,which
was something to consider when casting a decision.
Mayor Pro TemNice Chairman Finerty stated the cost forthe movable tables
was $8,513, additional chairs was $14,220, and the patio furniture was
$14,833.
Councilman/Member Ferguson withdrew his motion because he had a substitute
motion in mind.
Councilmember/Member Benson stated she understood there were many
complaints but thought the furniture was aesthetically pleasing as well. She thought
the City should keep the furniture a while longer and approve the purchase of the
patio furniture.
Councilmember/Member Benson moved to, by Minute Motion, approve purchase
of the proposed patio furnishings, only, in the amount of$14,833.50—funds are available
in Account No. 850-4358-433-4001. Motion was seconded by Ferguson and carried by a
5-0 vote.
C. REQUEST FORAPPROVAL OF DESIGNS FOR PAINTING TWO SETS OF
CITY TRAFFIC SIGNAL BOXES (CONTRACT NOS. C28760A-B).
Public Arts Manager Richard Twedt noted the staff report and pointed out
that in the audience were representatives from both youth groups that
worked on the proposed designs: Emily Spalina who is the coordinator from
the Palm Springs Art Museum for the teens youth group and also a couple
of Art students from College of the Desert.
Mayor Pro Tem Finerty asked if it was the City's objective to paint all of the
traffic signal boxes throughout the City.
Mr. Twedt replied that it was not his objective.
Mayor Pro Tem Finerty stated the City approved a couple of boxes to see
how they looked and now there were more to consider. She wondered at
what point would these types of recommendations stop.
Mr. Twedt responded he did not budget for additional boxes for next year in
next year's budget, and believed these were the last ones.
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Councilmember Benson stated she had made this request from Mr. Twedt
some time ago, and noted she had a map of all the traffic signals in the City.
She asked Mr. Twedt to bring forward a proposal to paint the two traffic
signals, which the Council approved, but only in the areas in the City where
they were more visible. She said the boxes that were painted looked much
better than the ones that were not. She agreed that not all traffic signal
boxes should be painted, but if the ones in the core area of the City were
painted, it would enhance the City's image and Art program.
Councilman Kelly stated he didn't have a problem with painting the boxes or
the system of who gets to paint and work on them; he thought having the
youth paint them was a good idea. However, he didn't think the proposed
designs would look good on the street.
Councilman Ferguson agreed with Councilman Kelly. He was not pleased
with the designs proposed for a central location (Town Center Way and
Highway 111) of the City, specifically the one that looked like a Zebra; he
said it would be an abomination. He said perhaps the designs were very
artistic in a gallery and great in a home, but not on a public utility box. He
emphasized to staff his resentment of having to publicly criticize the designs,
which he was willing to do rather then have them in the community. He
would personally like an opportunity to evaluate the art without having to do
it at the artists embarrassment, but he had to mind over the City with his one-
fifth vote. He said it wasn't pleasant to say what he had to say, but he was
being honest and speaking on behalf of many residents because it was not
the type of thing they would expect to see on Highway 111. He said when
utility boxes are turned from art, to education with information, and have to
stop to read them, it was getting away from the original program, which he
originally voted against.
Mayor Spiegel agreed that the designs didn't need to have any writings on
them.
Mayor Pro Tem Finerty moved to deny the recommendations. Motion was
seconded by Ferguson and carried by a 4-1 vote, with Benson voting NO.
D. REQUEST FOR AUTHORIZATION TO PURCHASE TRAFFIC SIGNAL
CONTROLLER EQUIPMENT FROM ECONOLITE CONTROL PRODUCTS,
INC.
Councilman Ferguson moved to, by Minute Motion, authorize the purchase of traffic
signal controller equipment from Econolite Control Products, Inc., Anaheim, California, in
the amount of $50,362.13 — funds are available in Account No. 110-4250-433-3325 -
Traffic Signal Maintenance (General Fund). Motion was seconded by Finerty and carried
by a 5-0 vote.
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XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF AMENDMENT TO THE
REIMBURSEMENT AGREEMENT WITH SUNRISE DESERT PARTNERS
FOR STREET IMPROVEMENTS ASSOCIATED WITH THE TOSCANA
COUNTRY CLUB DEVELOPMENT (CONTRACT NO. C18171).
Mayor Pro Tem Finerty stated this item had already been discussed, and it
was prepared at the request of the City Council.
Mayor Pro Tem Finerty moved to, by Minute Motion: 1)Approve an amendment to
Reimbursement Agreement with Sunrise Desert Partners, requiring interest on the loan be
brought current through March 31, 2009, and extending payment of the principal for a
period of two years at an interest rate of six percent (6%) per annum; 2) authorize the
Mayor to execute said Amendment. Motion was seconded by Kelly and carried by a 5-0
vote.
B. REQUEST FOR APPROVAL OF THE PLANS, SPECIFICATIONS, AND
ENGINEER'S ESTIMATE;AUTHORIZE ADVERTISEMENT FOR BID;AND
AWARD SCULPTURE CONTRACT FOR THE MONTEREY
AVENUE/DINAH SHORE DRIVE MEDIAN SCULPTURE AND LANDSCAPE
IMPROVEMENTS PROJECT (PROJECT NO. 937-06).
Mr. Greenwood stated this project had been before the Council several times
in the past and most recently the Council gave approval to the conceptual art
work in order to finalize the scope and design of the project. Since that time,
staff received final authorization for the Federal Grant to proceed with
bidding. He said the grant was$567,000 and in order to secure those funds,
the City was required to build a project of approximately$1.2 million in value.
However, because the City was experiencing significant savings in its
contracts, staff was submitting a change in recommendation from what was
presented to Council, and instead request to secure the Council's
authorization to go out to bid to determine the actual cost of the project.
After determining the actual cost and how much City funds would be in the
project, the Council can then decide to proceed at that time.
Councilman Ferguson stated he wanted staff to be clear that it was
requesting authorization from Council to go out to bid, knowing full well that
it may get a 5-0 vote against the project when it came back.
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Mr. Greenwood responded he understood that based on how much City
money ultimately was in the project, Council reserved the right to vote
against it.
Councilman Ferguson clarified that Council reserved the right to vote against
the project based on any City funds.
Councilmember Benson asked if there was a time limit on the use of the
Federal money.
Mr. Greenwood replied the project needed to be awarded by June 30. He
said staff would proceed immediately to get the project out to bid and return
to Council the first meeting in May.
Mayor Pro Tem Finerty noted that page 3 of 5 indicated the award of contract
needed to be awarded prior to June 11. She went on to say that if the bid
came in at$800,000 and the City needed to match it with perhaps $400,000
it would be okay. In other words, it wasn't like the City needed to spend $1.2
million.
Councilman Kelly asked if $567,000 part of the $1.2 million.
Mr. Greenwood replied that it was. He said the requirement forthe grant was
that the City needed to make a good faith effort to match the money as it
proposed when it applied forthe grant,which it has. He said Cattrans already
approved the plan and agreed that this was a project that had a value of$1.2
million. On the other hand, the City was getting great value on its bids, and
he believed it will cost less.
Councilman Ferguson asked if there was a chance that this work would be
taken out when constructing the Monterey overpass.
Mr. Greenwood responded that this work was between the railroad tracks
and Dinah Shore on the south side of the freeway, and all of the work on the
Monterey Interchange was on the north side of the freeway.
Mayor Pro Tem Finerty stated that the estimated cost was $1.2 million and
the grant was for $567,000, and the cost to the City would be about
$700,000. Mr. Greenwood agreed based on the original estimate.
Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Approve the Plans,
Specifications, and Engineer's Estimate forthe subject project;2)authorize Advertisement
for Bid for the Monterey Avenue/Dinah Shore Drive Median Sculpture and Landscape
Improvements (Contract No. C28440A); 3) approve Program Supplemental Agreement
RPSTPLE 5414 (006) in the amount of $567,000 for the Monterey Avenue/Dinah Shore
Drive Median Landscape Improvements Project(Contract No. C28440B); 4)authorize the
18
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City Manager to execute the Program Supplement; 5) award contract to Heath Satow for
the design and construction of the sculpture piece for the project in the amount of
$248,900 (Contract No. C28440; 6) authorize the Mayor to execute the Sculpture
Agreement — funds for this project are available in the Capital Project Reserve Fund,
Account No. 400-4645-433-4001, and the Art In Public Places Capital Fund, Account
No. 436-4650-454-4001 — no General Fund money is being used for this expenditure.
Motion died for a lack of second.
Councilman Kelly stated the City needed to spend $1.2 million in orderto get
the $567,000. He had a problem with grants because it seemed more funds
were spent than expected because of all the strings attached. He thought
maybe the City would be better off without them and not have to deal with
Sacramento or Washington DC telling the City how to run its business. He
was not comfortable doing anything with the grant.
Councilmember Benson stated she thought the $567,000 was part of the
$1.2 million. Councilman Kelly and Mayor Pro Tem Finerty confirmed that
it was.
Councilman Ferguson stated he agreed with Councilman Kelly. He said one
might think that aesthetically it was a prudent thing to do to spend $1.2
million; however, the City was looking at cutting police officer positions,
scaling back on road repairs, and taking care of the core essentials of the
City. He personally liked driving down the road and seeing the Santa Rosa
Mountains and the Valley. He didn't want to get into a debate on whether
the government gave the City the money or not because it would still cost at
least another half a million. He said even if the bids came in a little less, he
would not put money into Art at this point, he would rather put it into police,
fire, and roads.
Mayor Pro Tem Finerty clarified the art piece was $248,000, but the actual
landscaping of the medium was estimated at$1.2 million. She said perhaps
staff would like direction.
Responding to comment about the landscaping, Councilman Kelly said the
concrete needed to be ripped out in order to put the art piece and
landscaping. He said there would be more involved than the cost of art and
landscaping.
Councilman Ferguson moved to table the item indefinitely. Motion was seconded
by Kelly.
Mayor Pro Tem Finerty asked if Council intended to leave the medium as is
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Councilman Ferguson responded the Landscape Committee could take that
up and return with a recommendation, but he didn't necessarily want to give
further direction.
Councilman Kelly stated there were several landscaping areas that were
more important that needed to be addressed.
Mayor Spiegel called for the vote and it carried on a 5-0 vote.
C. UPDATED INFORMATION ADDRESSING RESIDENT CONCERNS
REGARDING WATER RUNOFF FROM STONE EAGLE GOLF COURSE
AND ACCEPTANCE OF STAFF RECOMMENDATIONS OF THE
AUGUST 28,2008,CONTINUED STAFF REPORT(Stone Eagle,Applicant).
Councilman Ferguson noted he had a conflict of interest because he
represented the adjoining property owner and under California Law he was
required to leave the room. Councilman Ferguson left the Council Chamber.
Mr. Greenwood stated the Stone Eagle Golf Course had been completed
and in use for several years. After the Golf Course was complete a number
of issues were brought forward by residents in area. Many of those issues
have been addressed adequately and are no longer on the table. The
biggest issue that remained was the water runoff to the normally dried
creeks. He presented a slide show of photographs that staff took of the
creeks two days prior to this meeting. It was a surprise inspection giving
Stone Eagle only several hours notice, and it provided staff with a good
picture of exactly how the creeks were being maintained. There are a
number of issues on how Stone Eagle can get access to the creek; Stone
Eagle needs to cross other people's property and perForm maintenance
activities on other people's property in order to address the issues. He said
this issue had been before the Council a number of times, and in the past,
staff recommended that the City accept the Golf Course as complete,
release the associated bonds, and declare the project complete. In addition,
staff was recommending authorization for implementation of a Maintenance
Agreement that required Stone Eagle to maintain the creeks in a reasonable
condition. The Maintenance Agreement is supported by a $50,000 bond to
be provided by the developer. He noted the developer and a number of
residents wished to speak on this issue.
Mayor Spiegel noted this item was not a public hearing, but he did have
requests from the audience to speak on the matter.
MS. NANCY SCOTT read from a prepared statement, which was now on file
with the City clerk's Office. She noted that once again she was before the
City Council for an existing problem that had plagued the community and the
City of Palm Desert for more than four years. She said that while this was
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a new City Council meeting, the concerns with the Maintenance Agreement
were the same and nothing had changed with the Agreement since the
meeting of August 28, 2008. The wording on the Agreement was exactly the
same, none of the issues that were of concern to her were addressed, and
she was not invited to participate or give input to any changes. She said an
attachment was included with her concerns in detail, but at this time, she
would only give a summary: 1) The Bruce Creek pump had never worked,
and there was no electricity. In addition, the retention basin sits for weeks
at a time with standing water; 2) According to Mr. Rod Chamberlain with
Coachella Valley Vector Control, mosquitoes proliferate every 10 days;
mosquitoes breed in standing water and vegetation. She said Vector Control
began going up to Bruce Creek in 2007 at her request, and records attached
to this statement showed that mosquitoes and black fly infestation existed;
Vector Control went out every ten days to treat the problem. Mosquitoes
were found in the ravine due to standing water and vegetation, and the insect
infestation had been going on since the summer of 2005. Vector Control
came to her aid after continuous stalling from Stone Eagle and the City of
Palm Desert to get the mess cleaned up. She said the ravines were not
maintained on a regular basis, and weather conditions changed daily, so
inspecting monthly, especially during the hot months was not adequate. She
asked what was the plan for continued maintenance on the whole ravine and
not just the property, what plan did Stone Eagle have with Vector Control,
and what chemicals would be used. It was brought to her attention that a
chemical named Roundup was used, which was highly toxic to humans and
animals. She said the chemical can leach into the soil and drain into the
ravine through the irrigation water; it was interesting that Stone Eagle had no
desire to recycle their own water. She asked what would be done to the
debris to prevent a fire hazard. She spoke with Mr. Chamberlain several
times, and he was adamant about prevention and maintenance. The
affected properties would have to be maintained or Vector Control will do it
and charge the property owner. She quoted from the Maintenance
Agreement, Item 2.2.2 (ii): "owner shall have no obligation to perform any
work on property other than the property." The property is stated in the
Maintenance Agreement as Stone Eagle's property,which was above Bruce
Creek and Ramon Creek. She said Bruce Creek was a direct result of Stone
Eagle dumping one million plus gallons of water a day on the course, and the
runoff from the wasted water empties into the ravine. The original
Environmental Impact Report (EIR) dated July 22, 2002, stated that Bruce
and Ramon Creek are ephemeral streams running only after significant
rainfall. The County map illustrated these streams with a dotted line, which
meant they were not continuous, but since the construction of the golf
course, they've had water running down the ravine 365 days a year. Ramon
Creek had a pump installed, which pumped water back onto the course, but
only when it's working; Vector Control has found mosquitoes there as well.
Herwater bill showed she used 18,700 gallons a month, and it's always been
the contention that all the water running down the ravine was a direct result
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of the neighborhood. There are eleven homes there, and if you multiplied
their water usage based on her water bill, the neighborhood's water usage
amounts to 205,700 gallons of water a month. She said the drainage had
always remained underground until the golf course moved in. She asked the
Council to vote no on acceptance of the Stone Eagle project until a realistic
maintenance agreement was drafted with all parties being able to participate.
She couldn't understand why the City of Palm Desert was not willing to
enforce its original EIR report dated July 22, 2002, where former Planning
Director Phil Drell expressed his own concerns about the irrigation runoff.
She missed the Director's Meeting of January 17, 2008, due to a personal
injury, but offered a prepared statement to Mr. Bartlett. However, the
response from Mr. Hargreaves was that he was not interested in reading
what she had to say, and she was not allowed in the meeting. She was
surprised by Mr. Hargreaves response, since the point of the meeting was
to gather input from concerned parties. The Milestones she believed
Mr. Hargreaves was attempting to get across were the following: a) City
would inspect site and find it satisfactory. She said photographs were
subjective and questionable as to when they are taken. She said Stone
Eagle's property, which was on higher grown was dry, but the water seeped
into the ground and down the ravine into homeowners property. She said
Stone Eagle had eight months to clean up the creeks. At the City Council
Meeting of August 8, 2008, Council requested the clean up to happen in 90
days, and it didn't happen. She said without regular maintenance of the
whole ravine, the growth will return with all the problems; b) Stone Eagle
should make a reasonable effort to acquire adjoining property participation.
However, nothing to her knowledge had been executed according to all the
property owners on the ravine that she personally contacted. She believed
Stone Eagle should be policed by the City, and the Maintenance Agreement
should be with the City with a release of liability given to Stone Eagle staff to
enter private property and maintain the ravine. She said that since the City
allowed Stone Eagle to create this problem by not adhering to the EIR report,
it should be responsible. It was her understanding the City already had
Codes to enforce and address the problem, but chooses to require a
maintenance agreement for this one particular problem; c)A statement from
Vector Control was required that indicated there was no current or future
mosquito breeding activity. However, Mr. Chamberlain's statement in his
letter of October 6, 2008, is reflective of a snap shot in the winter time, but
his letter did state, "without proper maintenance the creek will quickly re-
vegetate and could become prime mosquito breeding habitat." She said
Vector Control's interest in this ordeal was to keep Palm Desert free of
mosquitoes. She noted that her prepared statement included Vector
Control's service reports and her own snapshots of the ravine at different
states of deterioration. In closing, she asked the Council to make the
Maintenance Agreement work to address the problems and protect and
preserve the beautiful City. She went on to say that most of the original
concerned parties had retired leaving the problem to individuals who didn't
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have all the facts about the matter, but she would continue to fight this cause
because it affected her home, her neighborhood, and her City. She said the
Agreement only served Stone Eagle and did nothing for anyone else. She
urged the Council to please vote no on this item.
MR. TIM BARTLETT concurred with Ms. Scott's comments. He said he took
a visit of the Canyon today, and he presented a few exhibits of what he
found on his property; however, they probably weren't as alarming as the
12-foot tall cattails. He said one exhibit included Blue-green algae that grew
on about a third of his property; it was foul smelling and full of biological life.
He learned about its potential to produce the worst carcinogenic compounds
known to man; blue-green algae can be toxic to humans. Although he didn't
know which type of algae he had, he thought he shouldn't have any on his
property at all. He appreciated the surprise visit to the creeks by City staff,
yet in just two days since the photos were taken, he found empty soda cans,
cigarette butts, golf ball, etc., and dried up version of blue-algae, which he
believed was more toxic. He said he tried to scare the Council the last time
with the mosquito issue because it was a real issue. He said this area was
considered an avian stop-off point for most of the western states at the
Salton Sea. They bring insect and diseases with them and that's always
transferred to insect, and insects tend to like the human race. He said if the
mosquitoes and algae didn't scare the Council, then there wasn't much else
he could say. When he bought his property he though he would retire there
because he spent a lot of time planning and developing it, but now one-third
of his property was a swamp. He went on to say the Maintenance
Agreementwas a joke because it didn't provide forthe properthings needed.
He said the City currently had laws in place, that if enforced, it would solve
the problem. In his opinion, he felt if the Council signed the Maintenance
Agreement, the City would be removing some of its rights to enforce the law,
which was a big mistake.
MR. PETER SCHEER stated he agreed with what was said by Ms. Scott and
Mr. Bartlett. He said the water itself did not cause him any problems, but
what did cause him a problem was the maintenance crew that left more than
what they came with. He said the algae was just being thrown to the side,
and the Canyon used to be pristine, but no longer was. He said the
Maintenance Agreement needed to address his concern that crew workers
leave nothing behind and treat the area like a national park.
MR. BRIAN HARNIK noted that a letterwas submitted to the City Council the
previous day on behalf of MAJAC Ltd, and he had one additional point to
add. He said the paved road ends by MAJAC's property, which was a dirt
road that went up to the restaurant. They are asking that the Council not
deem the project complete until they can review the matter relating to the
emergency access, because right now they would have to go on a dirt road,
which he didn't think was appropriate for emergency vehicles.
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MR. TED LENNON, President of Stoney Development stated there were
three different issues they were trying to get released. He said three bonds
were up, one of which was for grading of the golf course, which was
completed 3%2 years ago and didn't have anything to do with the creeks, and
the second one was for grading for the a residential complex, which was
completed some time ago. The bonds totaled to more than half a million
dollars that have been held up for more than three years that don't relate to
the agreement. In addition, Mr. Greenwood stated Stone Eagle would be
obligated to post a $50,000 bond, which they did four or five months ago on
the re-submittal of the Maintenance Agreement. He felt they made a good
attempt to work with the neighbors, but obviously that's not what was being
divulge this evening. They agreed to toxic analysis from Cal Davis and have
allowed biologist to walk the creeks for their opinion, and he walked the
creeks with Fish &Game who thought it was a lively and terrific environment.
He believed they have channeled the water. In reference to the water pump
that Ms. Scott mentioned, he said it worked fine, but the pump on Bruce
Creek had not been needed because there had been no water running off
the golf course for the past 1 '/2 years. He said the work that Vector Control
along with the guidance of City staff curbed the mosquito issue quite well.
He wasn't a chemical expert, but he didn't think that the chemical Round up
was toxic. He said there are derelicts living in the Canyons and occasionally
build fires near the caves and leave empty canned foods and so forth. He
said there's been some problems with trash, but they believe it's from the
derelicts that are down there. He said the Maintenance Agreement required
they go through the Canyon once a week from top to bottom. He said it was
a long Canyon and difficult to climb with a couple of water falls. He said the
City then re-inspected their work on a quarterly basis, which Stoney Eagle
paid for. Initially there were many EIR issues, which have been set aside as
being not true and a couple of dirt road issues that have been solved. Two
years ago a committee or directorship was formed to resolve this issue, with
the City Attorney's office facilitating the committee;Attorney Bob Hargreaves
headed the committee and held three or four meetings to move forward to
this point. He believed the Maintenance Agreement was a good one
because it had City staff input, and they were prepared to sign. He said that
even without a Maintenance Agreement they had been maintaining the
creeks at a high expense for some time now. He noted there was a retention
basin at the top of their property where they have a pump set, but its been
dry 99% of the time. He noted that he didn't believe Ms. Nancy Scott was a
resident of the City of Palm Desert; however, she might be a resident of the
County. He said she didn't live on the street or had property on the street to
his knowledge. He said half way down the creek, referred to as the "Y
section,"was overgrown with basic plants from the daily water coming down
from the Cahuilla Hills area. He reiterated they were prepared to sign the
Maintenance Agreement, and to abide by it, they have put up a bond, which
required annual toxic testing. He said past tests had come out well. He
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hoped the Council agreed with him so that they could move forward with this
matter.
Mayor Spiegel asked if the Bruce Creek pump worked.
MR. LENNON responded there are two pumps involved; Bruce Creek has a
pump at the top of the hill. Initially there was runoff from the golf course,
which was captured to be pumped back into the golf course. There had not
been runoff at the surface, so that pump was not hooked up and was
currently dry, except for when it rained. He said the pump was there and
only required to be hooked up when needed. Additionally, there was a pump
on the other side that actually caught the water and pumped it back up 1,500
feet to the top of the hill. Originally they had some water problems that broke
the plastic pipe, but they went back to put all-steel pipes in, so there was no
problem with the pumps. Responding to question about access to
Mr. Harnik's property, he said five acres of that property is original Sabby
Jonathon property, and they have an easement over that property. When
the easement was made by the prior owners, an agreement was made that
the property would have access over the bridge for up to three houses on
that property, and there was another letter that indicated that if the other
homeowners agreed to put only one house on each lot, they could have
access as well; they also had the right to tie into whatever utilities were
available. Originally there was going to be homes built to the top, but that
was stopped. The other issues in the letter, which pertained to this matter
were about the hiking trail that the City built. He said Stoney Eagle provided
land for the hiking trail, but the City allocated it. Further responding, he said
the trail went up the project, the County, over behind Bighorn, and back
down. He said since its been graded, part of the trail was wiped out, but it
was not a big issues. It's been indicated that the trail cannot go on their
public easement. The only other issue was the dirt road concept, which they
used the public easement to go into the property or for emergency vehicles,
but they have not paved it. He said they would be happy to pave it, but iYs
been indicated that the public easement couldn't be used, which was a
dispute between them.
Mr. Greenwood clarified that the Maintenance Agreement was modified
slightly, but he inadvertently attached the wrong copy in the packet. He said
there were two minor technical changes made to the Agreement, which he
was willing to display. One was clarifying that Stone Eagle can and should
indemnify private property owners when Stone Eagle entered the private
property to do the clean up resulting from the water. In addition, the
Agreement defined what the work entailed. Responding to questions about
the bonds, he confirmed there were more than one bond outstanding, and
only one new bond relating to the Maintenance Agreement. He said the
other bonds were related to the golf course and residential construction.
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MS. SCOTT responding to comment about her place of residence, she said
she didn't live directly on the ravine, but she did live nearby where she could
see the ravine. She said it didn't really matter where she lived because it
wasn't just about her neighborhood, it was about the City of Palm Desert
because mosquitoes can spread out up to 15 miles. She had a problem with
the Maintenance Agreement as it related to the maintenance of the creeks.
She said on page three of the Maintenance Agreement, it indicated Stone
Eagle will conduct weekly inspections of the retention pump and pumps
located on Bruce and Ramon Creek. She said there was no electricity to the
pump on Bruce Creek, and its been full of water. She said they used a gas
generator, which ran 24/7 to drain the water, and she had to call Palm Desert
Code Enforcement to have them turn it off because it reverberated
throughout the whole area. In addition,the Maintenance Agreement referred
to Stone Eagle as the property, and they are only responsible to keep their
area clean, which was not clear because the ravine ran for one mile. He said
if Stone Eagle was responsible to clean up the mess, it needed to be made
clear that they needed to clean up the whole ravine.
Councilman Kelly stated he understood there would be a new Maintenance
Agreement that the City would oversee, but he thought that would just be a
continuation of what the City was currently doing, except that it would release
some of the bonds for completion of the work.
Mr. Greenwood concurred. However, the new bond was absolutely tied to
the work in the creek, which would address the problem discussed this
evening. Responding to question about the Maintenance Agreement not
being realistic, he said the Agreement was clear and it was drafted by a
number of attorney's and sometimes it takes time to understand it, but he
had no doubt about who was responsible.
Councilman Kelly stated that if the Agreement was clear and the City
continue to have oversight with regular inspections, that he didn't know what
else could be done.
Mayor Pro Tem Finerty suggested the bonds be released that were unrelated
and enforce the Maintenance Agreement. She said inspecting the creek
weekly with the City following up quarterly was a good thing. She had
requested to have independent opinion, and Vector Control and staff went
out there and she read their reports. In October it was still pretty warm and
their could have been mosquitoes if things were as indicated. She believed
the City had an Agreement in place, and if there was a need to amend it or
take further action, the City had the opportunity to do so. Mr. Rod
Chamberlain stated he found no mosquito breeding during his inspection and
was extremely pleased with the condition of the creek and the removable of
the problematic vegetation because he had inspected the creek on
September 2. She felt Stone Eagle was responsive, but if there were
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continuing problems she was certain residents would return to the City, and
additional action can be taken as needed.
Councilmember Benson asked who conducted the inspections.
Mr. Greenwood responded that Stone Eagle was required to conduct weekly
inspections to monitor what was happening in the creek and required to
clean up monthly. The City then followed up with its on inspection quarterly
to verify that Stone Eagle was cleaning up anything that needed to be
cleaned up. Responding to question, he said over the course of several
years, City staff had performed quite a number of inspections, and at times
they've been very good, but sometimes they've been less. He said Stone
Eagle had responded to their request, and staff anticipated that it would
continue.
Councilmember Benson was concerned about the quarterly inspections,
thinking that was too much time in between.
Mr. Greenwood replied it took time for some of the plants to grow and there
wouldn't be very much change in a month; however, it could be done if that
was the Council's desire. Further responding, he said if City inspections were
done monthly, Stone Eagle would bear the cost.
Councilmember Benson suggested monthly inspections for at least a year,
which was reasonable.
Mayor Spiegel agreed and thought it should be part of the motion because
the City was holding up bonds that had no relation to this matter, which he
thought should be released.
Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Release bonds that are
unrelated to the Bruce Creek and maintenance issue; 2) require $50,000 bond remain in
place; 3) with regard to the Maintenance Agreement, Stone Eagle's crew perForming
weekly inspections and City staff following up on a monthly basis for one year, to be
revisited at that time. Motion was seconded by Benson and carried by a 4-0 vote, with
Ferguson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION
ACTION, DENYING A REQUEST FORA VARIANCE FORAN EXCEPTION
TO PALM DESERT MUNICIPAL CODE SECTION 25.68 - SIGNS, TO
PERMIT A THIRD MONUMENT SIGN FOR CARL'S JR. IN THE
UNIVERSITY VILLAGE CENTER LOCATED AT 36-879 COOK STREET
Case No. VAR 08-304 (National Sign and Marketing/The Evans Company,
Applicants/Appellants)(Continued from the meetings of December 11,2008,
February 12, February 26, and March 12, 2009).
Principal Planner Tony Bagato stated the Applicant was requesting an
additional 30-day continuance because the design of the sign was still being
worked on.
Mayor Spiegel declared the public hearing open and invited anyone wishing to
address the City Council on this matter to come forward at this time. No public
testimony was offered, and he left the public hearing open.
Councilman Ferguson moved to, by Minute Motion, continue this matter to May 7,
2009. Motion was seconded by Kelly and carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF A CHANGE OF ZONE, TENTATIVE
PARCEL MAP, AND PRECISE PLAN OF DESIGN TO ALLOW THE
CONSTRUCTION OF 144 AFFORDABLE HOUSING UNITS WITH
AMENITIES; APPROVAL TO EXCEED THE 24-FOOT HEIGHT LIMIT AND
CONSTRUCT 21% OF THE TOTAL PROPOSED TWO-STORY, MULTI-
FAMILY RESIDENTIAL BUILDINGS UP TO A MAXIMUM HEIGHT OF
29 FEET - 5 INCHES; AND APPROVAL OF A DRAFT HOUSING
AGREEMENT BETWEEN THE CITY OF PALM DESERT AND URBAN
HOUSING COMMUNITIES, LLC — PROPOSED PROJECT TO BE
LOCATED ON THE SOUTH SIDE OF 35T"AVENUE BETWEEN GATEWAY
DRIVE AND CORTESIA WAY (APN 694-130-005)
Case Nos. C/Z-PP 08-191 and TPM 36000 (John Bigley, Mark Irving,
Urban Housing Communities, LLC, Applicant/Property Owner).
Associate Planner Renee Schrader presented the project and stated the site
was adjacent to Monterey Avenue and the commercial corridor. The project
was across from residential and industrial uses, and abutting on the south
side was a proposed K-8 school. The request is for a Change of Zone (CZ);
the existing zone is currently a Planned Community Development (PCD)to
a Planned Residential-14 (PR-14) Zone. She noted a PR-13 Zone was
directly across the street. Approval of a Change of Zone would require a
Tentative Parcel Map (TPM) and the 11.82-acre site would be subdivided
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into two parcels. Lot 2, the larger parcel would contain ten buildings and a
recreational facility, and Lot 1, a smaller parcel is the future site of a
childcare facility. The TPM leads to the Precise Plan (PP)application, which
included ten buildings. The rectangular design of the buildings are arranged
along 35`h Avenue and Gateway Drive. She said the current rendering
illustrated the hardscape, building footprints, and the concept for the
landscape, recreation room, pool, and retention basin located on the east
side, east corner. The main entrance is on the north side and the secondary
egress is on the west side, which is also an emergency access. She said the
analysis of the project of the open-space requirement was met by subtracting
building, footprints, hardscape, roads, recreation area, and slope areas,
which left 40% of open space. The proposed project includes a request for
a height exception to raise the roof. The current requirement for a
multi-family resident is a 25 feet limit, and the two 8-plex buildings raised the
limit from 24'to 26'7", and the 16 plex-buildings roof heights ranged from 24'
to 29'; both illustrations represent 21% of the entire roofline. She displayed
and described key elements of the project and noted the recreation building
conformed with the rest of the design, which was an appropriate design for
the desert. Staff recommended approval of the proposed Ordinance,
Resolution, and subject agreements.
Mayor Spieget stated he was told the height exception was a direction from
the Architectural Review Commission (ARC).
Ms. Schrader stated that in response to the horizontally of the building, the
roof was raised to make it aesthetically pleasing. Further responding, she
confirmed the developer's original design did not require a height exception,
and the proposed design with the height exemption was actually a
recommendation from the ARC.
Mayor Spiegel declared the public hearing o�en and invited testimony from the
Applicant.
MR. JOHN BIGLEY, Urban Housing Communities, LLC, stated he and his
two brothers privately owned the company,and they specialized in affordable
housing. All of their developments were either mixed use or affordable
housing, which they really enjoyed doing. They have developments
throughout California and their partner Morgan Stanley helped with their tax
room equity and loan processing. He said getting to this point had taken two
or three years. They explored sites that would be good for affordable
housing that were close to places of business like the Super Walmart and
Costco. The site is close to a future school, and it helped when doing after
school programs. He said theyworked with staffto develop a site plan forthe
area taking into account the issues with density and crafted it to what was in
the surrounding area; he was happy with the plan they created. In the
Coachella Valley they opened an affordable housing development in Indio,
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which was up for an award; it received good reviews and hoped to duplicate
that in Palm Desert. With respect to the Architectural style, he liked what
they had originally presented, but in going through the Planning and ARC, a
different roof separation tone design was recommended, and from an
architectural stand point he agreed the revision was an improvement;
However, the revision cause the design to go over the City's height
requirement. He offered to take the height down if that was a big issue to the
Council, because he wanted the Council to be happy with the project. He
was hoping to get the project approved because there was stimulus money
that the Federal Government was trying to figure out how to deploy and are
looking for shovel ready products/project that can get started quickly. He
said if they had a shovel-ready project, they could return with a program that
qualified to move ahead with the project. He offered to answer questions.
Mayor Pro Tem Finerty stated the staff report dated December 16, 2008,
indicated that if the Crossings project was approved, it would be 100%
affordable, and today's staff report indicated 20°/a of the project would be
affordable.
MR. BIGLEY stated that if the project was 100%, it would require a subsidy
from the City; even 20% was difficult in today's market price. He said the
company needed to look at other sources of funding to help fill the subsidy
needed.
Mayor Pro Tem Finerty stated originally the Applicant had requested funding
from the City,but that request was withdrawn. She commented that the entire
package at this point was unknown.
MR. BIGLEY responded the project will either be a mixed income or return
at a later date when they had a better understanding of when the money
might be available. Further responding, he said they would ask the City for
additional monies if needed. He said the issue was that they were trying to
have this project ready in the event the Federal Government released
stimulus monies. He agreed the Government had put out a lot of money, but
they hadn't put out the guidelines.
Mayor Spiegel invited anyone wishing to address the City Council on this matter to
come forward at this time. With no testimony offered, he declared the public
hearing closed.
Mayor Pro Tem Finerty stated she was reluctant to move forward because
the Council knew the Applicant would be requesting money from the City.
Council knew the Applicant wanted money when it went to Planning, and it
was the project was going to be 100% affordable if the City gave them
money. However, now that they have withdrawn the request, it will only be
20% affordable, yet the density was at 14 units per acre. She said the City
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needed to meet Regional Housing Needs Assessment(RHNA)numbers,and
if the City was going to allow high density, it was her opinion that the project
needed to be 100% affordable. She preferred the Applicant return with the
entire package when all the factors were known.
Councilman Ferguson felt the project was half-baked, because the Applicant
had a concept that was not fully distilled. In addition, he doubted the City
Attorney had a chance to reviewthe housing agreement,and Applicant didn't
know if he would receive stimulus money; he noted the City was trying obtain
its own stimulus money. Philosophically he was opposed to changing the
City's General Plan within five years. He said the County placed a
moratorium of five years, and he was not anxious to overturn it. He said the
City approved four high-density developments in a row, and in this market,
three of the four were not being built, so he was not enthusiastic about tying
up more land and changing the zone. The City had the RHNA numbers
balanced with this project set aside, so it didn't sit well with him to also do a
Change of Zone. He said the Applicant had eight requirements that needed
to be met before considering high density, none of which were included in
the project, which might have been lack of clarity from staff. He said the
project needed open space, art, proximity to bike paths, bus transportation,
schools, solar panels or some form of alternative energy or drought tolerant
landscaping, of which none were presented. He said there was no analysis
or threshold that justified going above the medium-density designation. He
said the Applicant needed to return when he had stimulus funds, affordability
numbers, and a better handled on what the Council was looking for, at which
point he would be happy to look at the project, but not this evening.
Councilman Kelly stated he agreed that everything approved in the north
sphere was high density and it needed balance.Additionally,the City needed
to create a corridor; the corridor that's been developed the best was in the
north side with the bike path. If the City could get Sunline to create a bus
route along the whole north side, it would make more sense if the City placed
affordable housing or higher density that it could be kept where there was
public transit, bicycle and golf cart access along the entire north side where
it would reach the University, Freedom Park, and all the other commercial
areas. He was concerned about all the high density in the north sphere, and
stated that Palm Desert had more than its share in apartments. He felt the
other cities needed to step up and provide more apartments and affordable
housing, especially from the private sector. He said it was unfair for the City
of Palm Desert to furnish all the affordable housing in the Coachella Valley.
He said Palm Desert was inundated with apartments and it needed to have
a better balance between single-family residents and multi-family residents.
He said Palm Desert was going down the same road as other cities had
gone down in, and he didn't want to see that happen.
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Councilmember Benson congratulated the Applicant for including a childcare
facility, which was a good move. When the City revised the General Plan,
it was the vision to have apartments near the commercial corridor, but it
bothered her that originally the Applicant came in with the intent to ask for
money. Secondly, the Applicant stated they were not asking for money now,
but"now" means"yes, we will be back." She said the City didn't have money
to be putting into these types of program until those projects already
approved were finished and occupied. She said this project needed to be
put on hold until the whole package was brought back or the economy
improved.
Mayor Spiegel agreed. He said the Applicant's original intent was to ask for
a large dollar assistance, and now it was unknown what exactly would be
requested from the City. He said it was difficult for him to vote for something
that was uncertain.
Ms. Aylaian stated staff did conduct an analysis of the General Plan for the
Overlay Density, and they had done a lot of the homework, but obviously
staff didn't do a good job of putting it into the staff report for the Council to
be able to find, and she apologized for that. She requested that this item be
continued to a date uncertain. She heard what the Council's concerns were
with the project, and she would like to work with the Applicant to see if there
was something that could be done that would make the project more in line
with what the Council was asking for.
Councilman Ferguson stated that either staff had a lot of hidden information,
or the Applicant had a lot of work to do.
Ms. Aylaian responded that a fair amount of information was included in the
staff report, but she also believed that what the City had been looking at for
a couple of years had changed rapidly overthe last fourto six months on the
basis of the City's budget and what the projected revenue was for affordable
housing. She said staff did not respond quickly enough with this project to
reflect what the City was looking for and that staff probably needed to go
back to reduce the density and make it a smaller project.
Mayor Spiegel asked what would be the harm in denying the project this
evening with the ability to come back at a later time.
Ms. Aylaian stated that if the project was denied, it couldn't return with a
similar project for a period of one year. She added that if the project were to
be approved, it would place the project in a better standing for being
awarded other monies.
Mayor Pro Tem Finerty moved to, by Minute Motion, direct staff to prepare a
Resolution of Denial. Motion was seconded by Ferguson.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2009
Mayor Spiegel stated that staff was recommending a continuance to give the
Applicant the ability to return to Council.
Councilman Ferguson stated he thought it was staff asking for a continuance
for themselves to come back.
Mayor Pro Tem Finerty said it was the same staff that was requesting an
additional four or five feet in height.
Mayor Spiegel disagreed, he said it was the Architectural Review
Commission and not staff that made that request.
Mayor Spiegel called for the vote, and it carried on a 4-1 vote, with Spiegel voting
NO.
XVI11. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
33
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[Vs�`
Y���j
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o City Council Committee Reports
None
o City Council Comments:
1. CNG Ambulance — Councilman Ferguson said today he'd
received an update on the City's request for a Compressed
Natural Gas (CNG) Ambulance. After being told that it didn't
exist, he related that it was found that they do exist, and staff
anticipated coming to the Council n May with the very first
CNG Ambulance in California. Cost difference between a
CNG version and a traditional ambulance was about$30,000,
which he felt would be a good investment.
2. Palm Desert International Sports Festival — Mayor Spiegel
noted that there were 1,137 people participating in this year's
event in February, formerly known as the "Palm Desert Senior
Games." He added that was 300 more people than
participated last year, and plans were to hold it in April 2010,
after the Bob Hope Golf Tournament, Indian Wells Tennis
Tournament, and the Kraft Nabisco Championship, which
would be a much better month for the City.
3. Luncheon for Former City Manager Carlos Orte9a—On behalf
of the Palm Desert Rotary Club, Councilman Kelly thanked
everyone who participated in the luncheon for Mr. Ortega
yesterday. He felt the City and Rotary Club had a terrific
collaboration, and he congratulated all City staff who worked
on the very successful event. He said the Rotary Club was
able to raise enough money for a perpetual Carlos & Rose
Mary Ortega Scholarship Fund.
XIX. ADJOURNMENT
With City Council concurrence, Mayor Spiegel adjourned the meeting at 5:40 p.m.
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
34