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HomeMy WebLinkAboutPreliminary Minutes - City Council March 10, 2011PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 10, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Cindy Finerty Councilmember Jan C. Harnik Councilman William R. Kroonen Mayor Pro Tern Robert A. Spiegel Mayor Jean M. Benson Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety 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 Bill Hunley, 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 III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING IV. ADJOURN TO CLOSED SESSION Request for Closed Session: DRAFT MARCH 10, 2011 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 74-824 Lennon Place, Palm Desert (APN 624-290-044) Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Athletic Club Broker: Matthew Johnson/ Wilson, Johnson & Sharp Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager Upon a motion by Spiegel, second by Kroonen, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman William R. Kroonen VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B None 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENTS TO EXISTING VACANCIES ON THE CITY'S MARKETING COMMITTEE AND PARKS & RECREATION COMMISSION. Mayor Pro Tern Spiegel moved to, by Minute Motion, appoint Jenna LeMasterto the Marketing Committee to fill the unexpired term of Lee Morcus (12/31/13). Motion was seconded by Finerty and carried by a 5-0 vote. Mayor Pro Tern Spiegel moved to, by Minute Motion, appoint Ray Rodriguez to the Parks & Recreation Commission to fill the unexpired term of Roger Dash (12/31/13). Motion was seconded by Harnik and carried by a 3-2 vote, with Benson and Finerty voting NO. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 24, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 175, 180, and 185. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sense, 73-675 Highway 111, Palm Desert. Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of October 20, 2010. 2. Cultural Resources Preservation Committee Meeting of November 30, 2010. 3. Landscape Beautification Committee Meeting of November 17, 2010. 4. Library Promotion Committee Meeting of January 19, 2011. 5. Marketing Committee Meeting of January 18, 2011. 6. Parks & Recreation Commission Meeting of January 18, 2011. Rec: Receive and file. E. LETTER OF RESIGNATION from Jim Walker- Audit, Investment & Finance Committee. Rec: Receive with very sincere regret. 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 F. REQUEST FOR AWARD OF CONTRACT for the Annual Fall 2011 and Spring 2012 Color Plants to Armstrong Growers, Inc., in the Amount of $15,490.41 (Contract No. C30510, Project No. 930-11). Rec: By Minute Motion, award the subject contract for Annual Fall 2011 and Spring 2012 Color Plants to Armstrong Growers, Inc., Bermuda Dunes, California, in the amount of $15,490.41 — funds are available in General Fund Account Nos. 110-4614-453-3370 - Repair/Maintenance Median, and 110-4610-453-2190 - Parks and Recreation Supplies. G. REQUEST FOR AMENDMENT of Contract No. C29910 with The Coachella Valley Printing Group in the Amount of $3,471.38 and Ratification of Expenditure for Printing of Postcards for the "Make Someone A Star" Program (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion: 1) Amend subject contract with The Coachella Valley Printing Group, Indio, California, in the amount of $3,471.38; 2) ratify said expenditure for printing of postcards for the "Make Someone A Star" Program — funds are available in Special Programs Account No. 850-4430-422-3911. H. REQUEST FOR AUTHORIZATION to Release Security for Parcel Map No. 31563 — Valley Business Park, Phase I (J. W. Design & Construction, Inc., Applicant). Rec: By Minute Motion, authorize release of the security for Parcel Map No. 31563 — Valley Business Park, Phase I. CONSIDERATION of Legislative Review Committee Recommendation to Provide Correspondence to Congresswoman Mary Bono Mack in Support of Community Development Block Grants (CDBG). Rec: By Minute Motion, authorize the Mayor to sign correspondence in support of the CDBG Program that will be forwarded to Congresswoman Mary Bono Mack. 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 J. REQUEST FOR AUTHORIZATION to Close Portion of Larkspur Avenue the Evenings of March 20 - 28, 2011, from 5:00 p.m. - 10:00 p.m. During Fashion Week El Paseo. Rec: By Minute Motion, authorize closure of a portion of Larkspur Avenue the evenings of March 20 - 28, 2011, from 5:00 p.m. - 10:00 p.m. during Fashion Week El Paseo. Upon a motion by Kroonen, second by Spiegel, 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. 2011 - 13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING THE GOVERNOR'S FISCAL YEAR 2011-2012 PROPOSAL TO ELIMINATE ENTERPRISE ZONES IN CALIFORNIA. Economic Development Manager Ruth Ann Moore stated the proposed Resolution opposes the elimination of the Enterprise Zones in California, specifically the Coachella Valley Enterprise Zone Authority (CVEZA), a regional economic development organization. She said companies that move to or remain in the Enterprise Zone use credit vouchers to hire employees. This year there were 473 new positions by a total of 169 local companies in the CVEZA, and these companies have stated they will remain or move in the CV Enterprise Zone in order to use these credit vouchers. Mayor Pro Tern Spiegel moved to waive further reading and adopt Resolution No. 2011-13. Motion was seconded by Finerty and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: None 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF OUT -OF -COUNTRY TRAVEL FOR RISK MANAGER TO PARTICIPATE AS A PRESENTER AT THE NATIONAL RISK AND INSURANCE MANAGEMENT SOCIETY (RIMS) ANNUAL CONFERENCE—VANCOUVER, BRITISH COLUMBIA, MAY2-5, 2011. Mayor Pro Tern Spiegel moved to, by Minute Motion, approve out -of -country travel for the Risk Manager to participate as a presenter at the National Risk and Insurance Management Society (RIMS) Annual Conference in Vancouver, British Columbia, May 2 - 5, 2011, in an amount not to exceed $800 — funds are available in Account No. 110-4130-411-3120. Motion was seconded by Kroonen and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF ACTIONS RELATED TO AMENDMENT OF THE PALM DESERT "STATEMENT OF INVESTMENT POLICY" TO INCLUDE THE RIVERSIDE COUNTY TREASURER'S POOLED INVESTMENT FUND AS AN INVESTMENT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY, PALM DESERT HOUSING AUTHORITY, AND PALM DESERT FINANCING AUTHORITY). Councilmember/Member/Commissioner Finerty moved to: 1) By Minute Motion, approve proposed amendment to the Palm Desert "Statement of Investment Policy" to authorize the Riverside County Treasurer's Pooled Investment Fund as an investment; 2) waive further reading and adopt City Council Resolution No. 2011 - 14, authorizing the investment of monies in the Riverside County Treasurer's Pooled Investment Fund; 3) waive further reading and adopt Redevelopment Agency Resolution No. 583, authorizing the investment of monies in the Riverside County Treasurer's Pooled Investment Fund. Motion was seconded by Kroonen. Mayor Pro Tem/Vice Chairman/Vice President Spiegel asked how much did the City plan to transfer to the Riverside County Treasurer's Pooled Investment Fund. Mr. Gibson answered that potentially up to 30% of the City's portfolio could be invested, which was $60 to $70 million. Further responding, he said it was a secured investment. Mayor/Chairman/President Benson called for the vote, and the motion carried on a 5-0 vote. [i PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 C. REQUEST FOR AWARD OF CONTRACT TO WEST COAST ARBORISTS IN THE AMOUNT OF $50,442.50 FOR THE CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C30460, PROJECT NO. 932-11) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilman/Member Kroonen moved to, by Minute Motion: 1) Award subject contract forthe Citywide Tree Pruning Program in the amount of $50,422.50 to West Coast Arborists, Anaheim, California (City - $37,179 and Housing Authority-$13,243.50); 2) authorize the Director of Finance to set aside an additional 10% contingency for the project in the total amount of $5,042.25 (City - $3,717.90 and Housing Authority - $1,324.35); 3) authorize the Mayor/Chairman to execute said contract — funds are available for the portion of the contract relative to the City and Assessment Districts in Parks and Recreation Account Nos. 110-4610-453-3320, 110-4611-453-3320, 110-4611-453-3371, Repair/Maintenance Medians Account No. 110-4614-453-3370, and Assessment District Fund 200 Accounts; and for the Housing Authority, funds are set aside in the 2010-2011 Housing Authority Operating Budget. Motion was seconded by Finerty. Mayor Pro Tem/Vice Chairman Spiegel asked how much is trimmed off a tree. Landscape Manager H. Spencer Knight responded the City standard required no more than 20 to 25 percent of the foliage to come off at any given pruning. He said City staff was trained to make evaluations and had tools to use in the field. He said at the initiation of a contract, the contractor is asked to prune several trees in the park and staff works with the crew so they can get a feel for what is required. Further responding, he said the contractor will work in all the areas of the City, but not every tree is pruned every year. He said staff was on a reduced or deferred maintenance for trees and typically trimmed about 30 to 35 percent of them a year, but currently staff was a little under that percentage. Councilmember/Member Harnik asked if the contract that was approved at the last City Council meeting strictly for palm trees. Mr. Knight answered yes. Mayor Pro Tem/Vice Chairman Spiegel noted that no local company submitted a bid except for Tree Rite and West Coast Arborist. Mr. Knight responded West Coast Arborist has a yard and office locally in Indio and did a lot of work in the Valley, but their main office is in Anaheim. Further responding to question about the workers hired, he said he believed the company drew from locals, because their Indio office was permanent. Mayor/Chairman Benson called for the vote, and the motion carried by a 5-0 vote. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 D. REQUEST FOR APPROVAL OF CONTRACT WITH DIEHL, EVANS & COMPANY, LLP, TO PERFORM AUDITING SERVICES FOR THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT RECREATIONAL FACILITIES CORPORATION FOR THE FISCAL YEAR ENDING JUNE 30, 2011 (CONTRACT NO. C27543). Councilmember Finerty moved to, by Minute Motion, approve the subject contract in an amount not to exceed $67,967 with Diehl, Evans & Company, LLP, Irvine, California, to perform auditing services for the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Recreational Facilities Corporation for the year ending June 30, 2011 — funds are budgeted in FY 2011-2012. Mayor Pro Tern Spiegel asked if this request was approved by the Audit, Investment and Finance Committee. Mr. Gibson answered yes. Motion was seconded by Spiegel and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN AMENDMENT TO RESOLUTION NO. 91-5, REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING CONDITION REGARDING EXCLUSION OF A SUPERMARKET; ZONING ORDINANCE AMENDMENT TO CHAPTER 25.30 OF THE PALM DESERT MUNICIPAL CODE TO ALLOW SUPERMARKETS NOT EXCEEDING 60,000 GROSS SQUARE FEET AS CONDITIONAL USES IN THE REGIONAL COMMERCIAL PC (3) ZONE; EXTERIOR MODIFICATIONS AND A TOWER ELEMENT (AS PROVIDED FOR BY P.D.M.C. 25.56.300) TO INCREASE THE WEST TOWER ELEMENT FROM 34 FEET TO 40 FEET LOCATED AT 72-280 HIGHWAY 111; AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Case Nos. ZOA/CUP 10-228 (KKE Architects, Applicant) (Continued from the meeting of February 24, 2011). Assistant Planner Kevin Swartz stated the project was located at the northeast corner of Highway 111 and Fred Waring Drive. The property is N PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 zoned Planned Commercial PC-3, to the north it's zoned PC3, where Toys R Us is located; to the south it's PC-3; to the east R-1/Single Family Homes; and to the west it's PC3. Access points to the shopping center from Parkview Drive are Highway 111 and Fred Waring Drive. In 1990 when the project was originally approved the City Council did not find a grocery store appropriate at this location and a Condition of Approval (CUP) was added requiring that the Center shall not have a supermarket. Also the zone restriction in the PC-3 Zone currently prohibits supermarkets larger than 50,000 square feet. Traditional supermarkets have expanded and have grown to 60,000 square feet. For example, the existing Albertson's Supermarket located on the northeast corner of Highway 111 and Deep Canyon Drive is 62,000 square feet. He said Von's will employ approximately 125 employees; the current store at Palms to Pines employs 75 employees. The hours of operation are from 6:00 a.m. to 12:00 midnight, Monday through Sunday with delivery hours from 8:00 a.m. to 10:00 p.m. The building consists of 78,638 square feet with Von's realizing 57,000 square feet and the remainder divided into three additional tenants. He displayed the floor plans, elevations, and noted the approximate square footage for Tenant No. 1 was 16,000 square feet, Tenant No. 2 is 3,000 square feet, and Tenant No. 3 is 1,900 square feet. The exterior modifications to the building consist of new sliding glass doors, new clear bronze windows, two new metal trellises, adding stone veneer on the columns, and new paint colors. The Applicant is also proposing to increase the west tower element from 34 feet to 40 feet, and the east tower will remain at 34 feet. He said the display was showing signage, but signage was not part of this approval. If the project is approved, signage would have to go through the Architectural Review Commission for approval. A mitigated negative declaration of environmental impact was also prepared for the project and the two main concerns were traffic and noise. Based upon the traffic impact analysis prepared for the project and reviewed by the City, Vons is not expected to cause any significant traffic impact. Additionally, the City is in the process of receiving Federal funds for installation of a westbound free right turn lane at Highway 111 and Fred Waring Drive intersection, replacing the existing dual right turn lanes. An acoustic analysis and noise impact study was prepared for the project, and based upon the noise study, various noise sources associated with truck deliveries and the operation of loading dock and trash compacting facilities could have significant impact. The Noise Consultant added conditions that would reduce the impact. One condition is to extend the loading dock wall 24 feet and 8 feet in height. Condition of Approval Nos. 20-21 have also addressed delivery hours. The Applicant submitted a letter, which was provided to the City Council regarding sales tax, stating that last year Vons generated approximately $70,000 and with the additional 15,000 square feet, they're estimating $100,000 for next year. Staff recommends that the City Council pass Ordinance No. 1221 to second reading to allow supermarkets not 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 exceeding 60,000 square feet in the PC-3 Zone, adopt Resolution No. 2011- 15, and approve the findings subject to the attached conditions. Mr. Erwin stated he discussed this matter with Councilmember Harnik prior to the meeting on the potential of a conflict on her part. There are differing legal opinions with regard to the issue, one opinion says there is a potential conflict and the other is that there is not. He has drafted a letter to the Fair Political Practices Commission (FPPC) asking for their written opinion with regard to the conflict. He said assuming the Council is agreeable, this matter will reasonably be continued for approximately 30 days. Responding to question about whether Councilmember Harnik should remain in the Council Chamber, he said Councilmember Harnik had declared there was a potential conflict and therefore will leave the Council Chamber and abstain from any vote at this time. Councilmember Harnik left the Council Chamber. Mayor Pro Tern Spiegel asked if the City Attorney was suggesting the Council motion to continue this item for 30 days. Mr. Erwin said the Council should open the public hearing and invite public testimony at this time, and if it wished to honor the request to wait for the written opinion from the FPPC, it can continue this item for 30 days. Mayor Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. DAVID BILYEU, Bushwood Drive, Palm Desert, stated his home of 15 years is near the east wall, which is 20 feet from his bedroom wall. He said everyone he's spoken to is excited about Vons going in and convenient to have at that location. However, he was concerned about the truck load noise, because operating hours went to 12:00 midnight. He wondered if the hours of operation could be reduced, because there are four families that lived nearthat wall who are currently enjoying the quietness from the building being empty. He said when those delivery trucks passed through, his house vibrated. He would like to see some truck mitigation, whether it's making the overhang longer or shortening the truck schedule. Additionally, he would like to know what recourse residents will have, because Code Enforcement currently didn't work at night. He thought it would be nice if the store closed earlier, but thought to have the store at that location will be a definite improvement and asset. MR. AND MRS. RON AND NORMA GROVES, Cactus Drive, Palm Desert. Mrs. Groves stated that after Church they usually went to Vons by taking Monterey Avenue, but if the store relocated, they will take Parkview Drive and not bother using Fred Waring Drive or Monterey Avenue. 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT MARCH 10, 2011 MR. DAVID MCRAE, Avenida Vallejo, La Quinta, stated he believed the Vons Super Center would be excellent at the proposed area, because of the diverse income it would attract as opposed to the low-income or discount stores as that area currently didn't have a market that came close to anything of the quality of Vons, in addition to the extra employees it will bring. MS. CAROL TOWEY, Lindera Court, Rancho Mirage, stated she lived near the Rancho Las Palmas Vons when it was closed. It would be wonderful to have a Vons at Waring Plaza, because of the many stores and fabulous parking there. She said the Vons at Palms to Pines was small and parking was very difficult, especially when you can't find a place to park. She was in favor of the move and encouraged the Council to vote in favor as it will generate revenue for the City. MS. JODY WEIGEL, Crestlake Drive, Palm Desert, stated she has been a Safeway shopper for 51 years, but when she moved to the area, there was no Safeway, but found Vons at the Bob Hope Center. That store location was convenient, it was clean, and the prices were excellent, but it closed. When she moved to Palm Desert several years ago, she couldn't find a store that was as comparable to the Vons she left behind. She urged the City Council to pass the proposed Resolution as the City desperately needed a Vons at the Waring Plaza location. MR. ANDY WEIGEL, Crestlake Drive, Palm Desert, stated he was the Managing Partner at Realty Trust Group; they are commercial real estate investors and developers with retail holdings in a dozen States, many of which are Safeway grocery anchored. While they are not a party to the original acquisition to this site by Safeway, they have owned the majority of the adjacent parcels that comprise Waring Plaza since 1994. He has been a resident of Palm Desert since 1987 and presently resides at 355 Crestlake Drive much of the year. He said the Council may recall his letter dated August 17, 2010, which he read into the record where they endorsed and recommended Council approval of the case before the City Council. While a decision will certainly affect in the short run, many merchants of other centers adversely, Waring Plaza represented two dozen merchants eager to see the City Council vote in favor of Vons this evening. Although they were not the primary developers of Waring Plaza, the current restriction, restricting grocery use to Waring Plaza was and has been, until recently, rediscovered in the files and unknown to his company despite two decades of ownership and management. Of course, he understood it didn't change the facts on record, but he hoped it spoke to the relative obscurity of this restriction until recently. He said the investment in both Palm Desert and this trophy location was predicated upon it's outstanding Highway 111 location and gateway to the City. Although much had changed, the importance of this location as the primary entrance from the desert cities to the west along Highway 111 and limI PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 continuing down both Highway 111 and Fred Waring Drive to the desert cities in the east had certainly not changed. He said it was his observation that Palm Desert had the largest retail vacancy sitting dark and decaying for the past three years, which is no small blight to the community. This evening the Council may have the only opportunity with a Fortune 50 Retailer to change that as Vons/Safeway is ready and willing to invest substantially at this Highway 111 entry location. It seemed a bit ironic that if this Council did not vote in favor, alternatives have already been presented for uses like an indoor swap meet, which given the broad zoning of this site, could get a Certificate of Occupancy without any present restrictions; he asked the Council to not allow this to happen. He said approval of the proposed project would be a catalyst for the additional capital spending needed to bring the entire Center into concert with the architectural improvements proposed by Vons. The turning point for a brighter future at this Highway 111 gateway to the City is before the City Council if the Council in deed wished it. He said the studies signed off by the City's Community Development Director conclude, "environmental factors that have been potential to be impacted by the project have been reduced to levels that are less than significant." The traffic impact analysis reviewed by the City Traffic Engineer concluded that the proposed Vons is not expected to cause significant traffic effect. He said conforming to the City's Noise Ordinance with mitigation is certainly appropriate. As a landlord, he sympathized with those merchants at Palms to Palms on the relocation of the Vons from one center to another. However, this Council's sympathy toward the merchants at the Palms to Pines is puzzling. He asked where was this sympathy when Circuit City was relocated from Waring Plaza and expanded to Desert Crossing. Where was the sympathy when Barnes and Noble and Dansk relocated from Waring Plaza to Westfield Mall. Perhaps, if Waring Plaza merchants had been a bit noisier with their objections, they could have delayed the inevitable as well. But despite their objections, those vacancies lead the way to the expansion and relocation of new merchants to the City like The Alley, Big 5, and now the relocation of Vons. Perhaps this helps explain why, according to The California Environmental Quality Act (CEQA) study mandated and signed off by the City, the experts concluded, "based on the physical conditions, current mix of tenants, and relatively low vacancy rate at Palms to Pines Center, the closing of Vons at this location is not expected to have significant adverse effects as defined by Section 15131 of the CEQA guidelines." Certainly from his experience as a landlord, that vacancy will certainly open the door for other needed redevelopment, relocation, and expansion along that El Paseo Corridor. He said the independent study's spoke for itself and supported the motion before the City Council. He said while the Council demonstrated sympathy, in the end it cannot be supported legally, financially, or equitably. Therefore, he had every confidence this Council will consider not only the impact this decision will have on a few, but recognize the long-term benefits that it will bring to the City as a whole. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 MS. RUTH OLSEN, Santa Rosa Way, Palm Desert, stated she was in favor of the relocation as it was a perfect location for a grocery store, and it will be an asset for the City, walkers, bus riders and everyone. She asked the Council to allow Vons to relocate to Waring Plaza. MR. JIM WATERS, Beavertail Trail, Palm Desert, stated he had no affiliation with any organization other than that he was a citizen of Palm Desert. He said he lived up Highway 74 in a modest community just below Big Horn and the closest supermarket to him was the Palm to Pines Vons where he shopped. He said he was loyal to Vons as he was to the other markets he shopped in like Albertson's, Jensen's, the 99 Cent Store, etc. He had no problem with Vons relocating half a mile to the west, which placed them no further than any other supermarket, and looked forward to the new services it will be able to provide at the new improved location. He asked this governing body to consider endorsing approving the proposed Resolution, stating it will keep sale tax and jobs in Palm Desert as well as those residents in Rancho Mirage who had their store closed spending their dollars in Palm Desert. He said jobs of those persons that swept the parking lot, the air conditioning and repair men that take care of the refrigeration, roof repairs, etc., are affected as well. MS. SUSAN HAYS, Guadalupe Avenue, Palm Desert, stated she worked at Vons for 29 years and has worked in every store here in the desert. She was in favor of this project and noted she had waited on Mayor Benson and other Councilmembers as well as the late Supervisor Wilson. She currently worked at Pavillions, but had worked at the Las Palmas store, and those customers were so upset when it left; a few have migrated to Pavillions. She has worked in Palm Desert for nine years and ever since the remodel in 2005, staff was always hoping for a bigger store, which is much needed. She said with supermarkets today, bigger is definitely better, because it provides more variety and selections, which is what customers want. In response to Mr. Bilyeu concern regarding truck deliveries, she worked in receiving at the back door and knew the loading times will pulled up to make trucks come in earlier and confident there wasn't any store in the desert that received a grocery load past 8:30 p.m. probably in consideration of neighbors. She feared that if this Vons was not allowed to relocate, the store will go downhill like the Rancho Las Palmas and the store in Indio. She said the10-foot wall will be excellent for the neighbors, because the wall at Rancho Las Palmas was less. She was pleased to hear that everyone was in favor of the relocation as she was. MR. BRIAN BRAATEN, Vice President of Real Estate for Vons, stated he was caught short with the unexpected departure of Councilmember Harnik and the direction provided by the City Attorney for Council's consideration with respect to the postponement. He didn't know where the Council will go with that, but notwithstanding, his group was prepared to make a 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 presentation this evening. He would obviously love to see a positive result today, but didn't know if that was possible with the pending legal opinion that comes with a 30-day postponement, which probably didn't do anyone any good. He said if the Council wanted to hear a presentation this evening, the group obviously came from various parts of southern California to provide it and prepared to present. Councilmember Finerty stated she would rather wait. Mayor -Pro Tern Spiegel and Councilman Kroonen stated they would prefer to hear it this evening since the group came from various locations. MR. BRAATEN stated that if this project was going to be postponed, they will obviously provide a repeat performance. He was appreciative that the Council heard from the public this day, because they obviously went out of their way and it would be unfortunate to continue to bring them back due to a clerical or legal issue. Mayor Benson stated the Council was divided on whether the presentation should take place today, but if the Applicant wanted to make a presentation, they could, but needed to be prepared to do it again. Mayor Pro Tern Spiegel explained that if the vote ended up being 2-2 today, the Applicant will be required to return, so they might want to wait for the presentation until then. MS. NANCY STEWARD, Branch Manager at US Bank, stated the bank was located at Waring Plaza and wanted to go on record and also add voice to the customers who are in support of the Vons relocation. She said the bank was about the bottom line, but they are also about customer service and their customers are giving them testimonials about how eager they are to see the Vons go into the Center, so she wanted to voice those concerns. MR. BRAATEN said the consensus among his colleagues was to wait to give their presentation when its appropriate and time to hear a vote. He asked if the public hearing would be opened again to allow other people to speak on the item. Mayor Pro Tern Spiegel responded that if this item was continued, the public hearing will stay open, but their comments will be on record. Mayor Benson asked the Applicant if he was prepared to wait. MR. BRAATEN answered yes, stating it would be appropriate. 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 MR. BRIAN LISTO stated that as a business owner at Waring Plaza, he missed the full parking lot when Mervyn's was there. His hair salon employs thirteen people who rely on walk-ins, but the numbers have gone down in the last three years. So, he was looking forward to having the new Vons at Waring Plaza and hoped the City Council will approve the request. He said he currently shopped at the current Vons, but it was small and older than most of the grocery stores. MR. BRENT SCHMIDMAN stated he strongly supported the Vons relocation but felt the real topic was how the City, business people, and residents, can accommodate a good business like Vons that was willing to invest a lot of money into the City and had shown great dedication to the City, and will create additional jobs. He said the market was very competitive today and the empty Mervyn's site was an eyesore that having Vons move there was a great solution, because it was a perfect fit. He said one way or another people had to figure out how to build up and get that Center revived. He said the most important factor was that Vons already said they will leave the Palms to Pines Center and it's extremely important to stay focused on what the real topic was, which was how to keep revenue in the City and a business like Vons in Palm Desert. He and other people he's spoken to, including his customers at the Center support Vons going into Waring Plaza. He said the Center needs the grocery store and the facelift and improvement's Vons is proposing to make, but it needed Council's help to make this happen. He said it was incredibly difficult to find tenants to occupy a building of that size, and if the proposed relocation was not approved, it was his opinion, there may not be another occupant with the ability to take that building and turn it into something productive and increase revenue. He asked the City Council to please approve the relocation, and lastly, he asked the City Council, if not Vons than who. With no further testimony offered, Mayor Benson declared the public hearing closed. Mayor Pro Tern Spiegel moved to waive further reading and: 1) Pass Ordinance No. 1221 to second reading, approving an amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets not exceeding 60,000 gross square feet as conditional uses in the Regional Commercial PC (3) Zone; 2) Adopt Resolution No. 2011 - 15 and a Mitigated Negative Declaration, and approve the findings for approval of ZOA/CUP 10-228 subject to conditions attached. Motion was seconded by Kroonen. Councilmember Finerty stated she understood the empty Mervyn's building was an eyesore; however, by taking Vons out of an existing Center would only create another eyesore. She disagreed with staff and couldn't understand how the City could have a negative declaration when the traffic obviously had increased since 1991. She said a very prestigious Council had the wisdom to place a Condition of Approval that precluded a supermarket to go into that location. She said she studied those comments `M PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 carefully from December 13, 1990, and whether it was Councilmember Crites, Benson, Wilson, Kelly, or Snyder, who all unquestionably made Palm Desert what it is today, all agreed that a supermarket did not belong at that location, and she agreed with them. She is opposed to the tower, stating it didn't need to go up to 40 feet and also didn't see any improvement to the actual Mervyn's Center. She said there needs to be concern for the people that live in south Palm Desert that are south of Highway 111 and questioned where they will shop and get their prescriptions filled. She said those residents will always be required to cross Highway 111, which will be an extreme disservice to them; therefore, she will not vote in favor of this project for the reasons stated. Mayor Pro Tern Spiegel stated that in 1991 when the Center was passed, Fred Waring Drive was two lanes and it was now six lanes. He said there is a lot more traffic on Fred Waring Drive and a lot more residents as well. He said Trader Joe's received more traffic than the Vons at Palms to Pines and wasn't sure why, but it did, and that certainly hadn't hurt Fred Waring Drive or kept people out of Trader Joe's. In talking to the people at Vons, he was told the new one would be a Pavillion-like store. He currently shopped at the current Vons, but wasn't impressed with their fish market, because the store didn't have room to accommodate it, and at the new location, they will have room to expand and have more things going for it. He said Vons was moving, and if not at the proposed location, it will be elsewhere, just the way Albertson's moved into Rancho Mirage at Country Club and Monterey. Albertson's wanted to go across the street, and the Council said no, so they moved across the street the other way into the City of Rancho Mirage. He said the City had a lot of big empty boxes, because they are tough to fill. He said the whole livelihood of the City depended upon retail, because it didn't sell or grow fruit or vegetables. He would not want to lose Vons, because it was a fine company and a good store, which is why he made the motion to approve. Councilman Kroonen stated he was not particularly sympathetic to the fact that a thorough due diligence wasn't done, and it was unfortunate that the zone restriction was overlooked at the very beginning. He also expressed a deep respect for the Councilmembers who were on the Council in 1991 who were making the decisions, but conditions have changed in Palm Desert as mentioned by Mayor Pro Tem Spiegel, plus there are more houses in the neighborhood near the location under consideration. In terms of traffic, he merged the discussion of traffic and parking into one topic, stating that when going to the current Vons location parking lot, particularly from the El Paseo side, he felt like he had to take his life into his own hands. Even if one entered from Highway 111, one had to fish their way around to get anywhere and it was equally as bad trying to get out. He admitted that the ingress and egress at the new site was not all it could be, but at least there was an easy ingress that one could get out in a safe fashion. In his way of thinking, the 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 whole issue of traffic and parking kind of balanced one another out and it was not the factor that made the decision for him. The things that work in favor of approval of the project are the additional jobs that will be created not just by Vons but hopefully by the other three businesses that might locate in the facility once remodeled. The Council had good evidence of the fact that there will be some additional revenue to the City and it needed to take that into consideration at this time, particularly when the City was facing many fiscal and financial restraints. He agreed with the fact that the site was located at the entrance to the City, but without offending anyone who is currently there, it is an eyesore, which he would like to see changed. He too did not see the need for the tower, stating he thought it was a noble and open location where people can find their way in there without sticking another piece of architecture up in the air. He knew this project had gone through the Architectural Review Committee(ARC) who voted favorably, but he was very sensitive about people who came in and want to always press on the height limits, because he believed it was the low profile of the community that made Palm Desert unique. He will struggle, as he knew his colleagues had with other projects, to keep building heights down within the allowable limitations as set forth in the current City Code, which was his one reservation, but overall it was a worthy project. One other concern, which he has impressed upon was the backfill for the current location. He would like to make certain that every effort is being made to see that a reputable business went in at that location as soon as possible, which he will be watching carefully and invited everyone present who was in support of the project to do so as well. He said all in all, it has not been an easy decision and he has spent more time on this issue than anything else on his brief tenure on this Council, but came to the conclusion that it was a project he'll support. Mayor Benson stated having been one of the Councilmembers serving in 1991 when the original resolution was passed, it wasn't put on a shelf and forgotten about as alluded to, because its what built Palm Desert to what it is today, accomplishing the same as many other resolutions and ordinances. She said the Council had a vision and many of the resolutions and ordinances were put in place based on what effect it would have on the future of Palm Desert. She said changing the Vons store from one location to another isn't improving that center, it's leaving another one vacant. She said Vons didn't think much when they left Rancho Mirage to come to Palm Desert and attempt to get this Council to change resolutions and then ask for height exceptions on that corner. She said to have a negative declaration on that corner for traffic is irresponsible, because everyone knew what traffic has been since 1991. She knew the City had grown and understood Fred Waring Drive had gone from two lanes to four lanes to six lanes, but the number of vehicles on Fred Waring Drive had also increased. She said getting in and out of Waring Plaza was a real nightmare that she'd rather risk going to the current Vons location instead of crossing four lanes to go west NFA PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 out of Fred Waring Drive to Highway 111 or go up to Parkview Drive and wait for a light and go across a light and wait for another light. The main factor was trading one location to another and then asking for height exceptions, because they want to be more visible, when that corner is already the most visible entrance to the City. Why the Applicant is requesting a 44-foot tower to be visible, didn't ring true to her. She was familiar with Vons and their renovations, it was a great store as she shopped there, but she knew many people that bought in the San Piper area, and the elderly bought there because they could walk to Vons and use the drugstore. She said the move didn't add anything to Palm Desert, except creating problems for another center; therefore, she was not in favor of the project. Mayor Benson called for the vote. MR. BRAATEN stated he understood there would be a postponement. Mayor Pro Tern Spiegel explained that if the results of the vote are 2-2, the motion receives NO ACTION and it can then be continued, because there was no decision. MR. BRAATEN stated that if that was the case, then his question was answered. Mr. Erwin explained that by City Ordinance a 2-2 vote is NO ACTION and the Council would be free to make any other motion. MR. BRAATEN asked if a 2-2 vote meant a loss. Mr. Erwin answered no. MR. BRAATEN commented his concern was that he hadn't made his presentation. Mayor Benson called for the vote on the motion, and it received NO ACTION on a 2-2 vote, with Kroonen and Spiegel voting in the affirmative, Finerty and Benson voting NO, and Harnik ABSENT. Mayor Pro Tern Spiegel moved to continue this item for 30 days. Motion was seconded by Kroonen. Mayor Benson asked if 30 days would be sufficient time to get a reply from the FPPC. Mr. Erwin responded the FPPC indicated they would get an answer in 21 days. Responding to question, he said the public hearing will need to be reopened, and for the record, he observed that no one had left the Council `Rl PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 Chambers so there would be no need to re -notice the continued public hearing if the Council elected to continue this item. Mayor Pro Tern Spiegel amended his motion to reopen the public hearing and continue this item to the meeting of April 14, 2011 (previously seconded by Kroonen), and it carried on a 4-0 vote, with Harnik ABSENT. B. REQUEST FORAPPROVAL OF CHANGING THE STREET NAME OF 35T" AVENUE TO DICK KELLY DRIVE WITHIN THE PALM DESERT CITY LIMITS. Mr. Greenwood stated this request is to rename 35th Avenue to Dick Kelly Drive. He said property owners within 300 feet of 35th Avenue were noticed, which reached approximately 25 property owners. Staff received two positive responses in support of renaming the street and no negative responses. Mayor Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this request. With no testimony offered, she declared the public hearing closed. Mayor Pro Tern Spiegel moved to: 1) Waive further reading and adopt Resolution No. 2011 - 16, changing the street name for 35th Avenue (Avenue 35) to Dick Kelly Drive within the Palm Desert city limits; 2) By Minute Motion, authorize the Director of Finance to appropriate $3,500 from Unobligated General Funds to Account No.110-4250-433-2145 - Traffic Safety Supplies for this purpose. Motion was seconded by Kroonen. Councilmember Finerty stated she will be voting NO, because it was a policy of the City, which she believed was a wise one to not name streets after Councilmembers. She knew there was an exception with Phyllis Jackson Lane, but since that occurred the policy went into effect and it made sense. She said it was appropriate that the Portola Bridge was named after Dick Kelly, and it was a great thing to do, but streets should be left to regular street names and not named after councilmembers. Councilman Kroonen stated he happened to know the circumstances of the Phyllis Jackson Lane naming, which was a long time ago, but what troubled him was the lack of policy or procedure with regard to naming streets in the community. While he would support the motion this time, he would not again want to be put in a position of making a rather arbitrary decision without backup for adopted policies and procedures in the City code. Mayor Pro Tern Spiegel stated he made the motion, because no one had done more for roads in the City and the connection to the freeways than the late Councilman Richard S. Kelly. He said the City had the best roads and connections to the freeway of any city in the Valley, which was a direct response to what he accomplished at the Riverside County Transportation 111067 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 Commission (RCTC). He said Palm Desert had a Jean M. Benson Child Care Center because of her involvement with children, and he thought it was appropriate to have a Dick Kelly Lane. Councilmember Harnik stated she too was aware of all that Dick Kelly had accomplished for the community, but she too would like to see a policy in place as mentioned by Councilman Kroonen. However, to draw a line that if a person is a Councilmember they shouldn't have a street named after them was probably a very ridged wayto move forward, because Palm Desert had a lot of outstanding citizens who the Council might want to recognize in the future with a street named after them. She said she supported the request for a street named after Richard S. Kelly. Mayor Benson stated she, too, will vote against it on principle. She said the naming of Phyllis Jackson Lane did not receive Council approval, but was done by a staff member, and the Council wasn't aware until the sign was up. There was quite a lot to say about how that happened, which is why the City needed a policy. Having been on the Council as long as she's been, she knew the good work that Dick Kelly had done, but she also knew the good workthat several otherof the deceased Councilmembers have accomplished as well. She said the Council had not renamed the Palm Valley Channel to Snyder Channel, but it could, because it was Walt Snyder that made the Palm Valley Channel happen. She agreed with Councilmember Harnik that she wouldn't disregard naming a street after a Councilmember, but they should be the last on the list, because she believed the citizens were first. She said the Council had inferred it didn't name streets and deferred it to the developers, which was their privilege. She said it wasn't that Dick Kelly was not deserving of a street named after him, but thought it was just bad policy. She said until there was a formal policy in place, she would not be in favor of changing any street names. Mayor Benson called for the vote, and the motion carried on a 3-2 vote, with Finerty and Benson voting NO. C. REQUEST FORAPPROVAL OF FEES NECESSARYTO IMPLEMENT THE CITY OF PALM DESERT "MILLS ACT PROGRAM." Mr. Grance stated that at the January 13 meeting, the City Council passed Resolution No. 2011-1, which allowed the City to implement a local Mills Act Program. Within that program document, a fee collection for both an application and contract initiation fee is allowed, which is the item for consideration this evening. He noted the staff report and offered to answer any questions. Mayor Benson declared the public hearing open and invited public testimony in FAVOR of or in OPPOSITION to this matter. 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 MR. DON GRAYBILL, Cover Wagon Trail, Palm Desert, stated he was a member ofthe Cultural Resources Preservation Committee(CRPC). Hewas glad that the Mills Act Program was up for consideration before the City Council, but his only concern was that the fees may cause a huge detriment to whether or not a property owner would proceed further in honoring some of the buildings and sites in the City. He didn't actually know the amount of money that might be required for this adoption for fees, but a significant amount can put a stumbling block in the public's mind on whetherto proceed for historic recognition, because this could be like an end to what the Committee had been working toward for the past seven years. Mayor Benson asked if the Cultural Resources Preservation Committee reviewed the fee. Mr. Grance responded that establishing the fee was not part of the Committee's purview. MS. JANICE HOLMLUND, Santo Domingo Drive, Rancho Mirage, stated she's been interested in historic preservation in Riverside County since 1982 when a survey was conducted that included Palm Desert. In 1990 she moved to the area and wrote to the City Council to get something underway in terms of historic preservation. In the early 2000's, she became associated with the CRPC. She said she is truly interested in seeing the Mills Act Program go into effect in Palm Desert, particularly at this time with Redevelopment funds being channeled elsewhere. She said the Council will need something that kept the City vital, clean, and alive, and the Mills Act will drive citizens toward protection of their historic properties. She said the City of Rancho Mirage had already implemented the Mills Act and its been her observation over the past three or four years that most of the cities in the Coachella Valley would benefit greatly from having a professional historic preservation officer available to the entire Coachella Valley. As far as the cost of implementing the Mills Act, the department will certainly have some fees that should be granted, but the cost of that could be identified by speaking with the personnel from the City of Rancho Mirage who had already undertaken that effort. She knew that many of the citizens who lived in Rancho Mirage has taken advantage of the Mills Acts to their great benefit, which has helped to save the great many historic houses there. With no further testimony offered, Mayor Benson declared the public hearing closed. Mayor Pro Tern Spiegel asked if Palm Desert's Mills Act Program written the same as the City of Rancho Mirage. Mr. Grance responded the document is modeled after State law and couldn't be changed. Further responding, he confirmed any city that had the Mills Act Program would have the same identical document and only allowed cities to 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 assess fees at their pleasure. He went on to say staff didn't go about haphazardly in trying to come up with a fair fee, but because it's a new program staff didn't have the knowledge, so he had staff conduct a survey of the 85 cities that had a Mills Act Program in their City, which included their fees. He distributed a copy of the survey to each of the Councilmembers. Councilman Kroonen asked if the Council had the option of reneging or reversing its decision if the program were to have a negative effect. Responding to question, he said he wanted to know whether the Council could renege on both the Mills Act Program and the fee. Mr. Wohlmuth stated the Mills Act itself benefitted land owners by reducing property taxes based upon valuation. He said by entering into a contract, restrictions are then placed on a property for ten years. As for the fee, they are established by the actual cost of providing the service, which is based on staff's experience with two or three projects. Mr. Grance added the City had three historic properties, but only one was eligible, because two of them are city -owned buildings and not eligible for the program. Mr. Wohlmuth said in answer to the question about the fee, as staff gained experience and went through an application or establish more private property to become protected under the Mills Act, staff can and should adjust the fee every year based on actual experience. Responding to question about the reduction in property taxes, Mr. Grance said the Assessor uses a formula that is based upon how recent property sold in Proposition 13. Those that sold recently won't experience much of a reduction, but the older homes could receive up to a 50% reduction. Further responding to the fee proposed by staff, he said the City's Contract Initiation Fee is a $1,000 deposit where staff's time will be tracked. He agreed with the comment made that as more applications are processed, staff may be able to reduce the fee or make it a flat fee to reflect actual staff time. According to those 65 cities that responded to the survey, the findings were as follows: The flat fee for an application can be as low as $90 and up to $8,900; the Contract Initiation Fee as low as $40 and up to a maximum of $1,379; there is no deposit base fee for the Application, but a deposit for a Contract Initiation Fee can be $1,150 and up to a maximum of $1,500. Therefore, staff is recommending that the Mills Act "Application" non- refundable fee be set at $318, which equates to a two-hour minimum of the Director of Building and Safety's time, and a deposit of $1,000 for the Contract Initiation Fee, which staff discussed and thought would be a good place to start. 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 Councilman Kroonen moved to waive further reading and adopt Resolution No. 2011 - 17, amending the Development Services Fee Schedule to include The Mills Act Program Fees. Motion was seconded by Spiegel and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of February 16 - March 1, 2011. With City Council concurrence, the report was received and filed. 2. Cook Street Improvements (Contract No. C29370C) — Mr. Wohlmuth recalled that at the February 24, 2011, City Council Meeting, the subject contract for capacity enhancement, drainage improvements, and pavement condition improvements at Hovley Lane East and Country Club Drive intersections was approved. At that meeting, staff was asked about doing all the work at night. Subsequently, he sent a memo to City Council advising that it would be involve an approximate $500,000 additional cost. Additionally, the project is currently slated to end in October 2011; restricting the construction to nighttime only would take it into the holiday season. Further, it may have a greater impact on the residential areas where the work is being performed. Therefore, staff recommends keeping the contract as is and trying to rapidly complete the project without requiring nighttime -only construction. Mayor Pro Tern Spiegel pointed out that he'd originally asked the question, thinking the contractor would prefer working at night during the summer, but it wasn't feasible for that much more money. Mr. Wohlmuth noted that it doesn't preclude the contractor from requesting nighttime work hours, which is allowed at the discretion of the City Manager. He would certainly consider it if he didn't get a lot of complaints from the neighboring residents and if it accelerated the project. B. CITY ATTORNEY None C. CITY CLERK 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 Reminder of City Council Study Session with Scott White, President and CEO of the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA), Thursday, March 24, 2011, 2:00 p.m., Administrative Conference Room. Councilmembers took note of the scheduled Study Session D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Consideration of Travel Requests and Reports: None o City Council Committee Reports: City of Palm Desert AB 811 PACE Conference — Councilmember Finerty reported that she was pleased to participate in the Conference last Thursday and Friday. She served as moderator on a panel and heard California Public Utilities Commission President Michael Peevey speak. There is a lot of positive movement to take the City's AB 811 and make it nationwide. o City Council Comments: Alzheimer's "Memory Walk" — Councilmember Harnik referred back to Mr. Gaugush's comments at the February 10 City Council Meeting, inviting all to participate in the Walk held Saturday, March 5. She said it was very successful, a great community event, and she acknowledged Phyllis Harkins in the audience today, who is very involved in the Alzheimer's Association. 24 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT MARCH 10, 2011 2. Palm Desert Public Safety Academy at College of the Desert — Councilmember Harnik reported that she got to see the Academy firsthand and encouraged everyone who was interested to do so as well. She said it was a well organized, state-of-the-art Program — a wonderful place for training both upcoming youth for a career in public safety and current Police/Sheriff's Department employees with ongoing education. 3. Shadow Mountain/Larkspur Landscaping Project— Councilman Kroonen wanted to again commend the landscaping project that has really dressed up this corner and provided a significant enhancement to the neighborhood. He thanked everyone who'd been involved in the project for a job well done. o Suggested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting at 5:26 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JEAN M. BENSON, MAYOR 25