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Home My WebLink About2000-10-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:03 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, Assistant City Manager for Community Services/City Clerk Richard J. Folkers, Assistant City Manager for Development Services Philip Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Rachelle D. Klassen, Deputy City Clerk M. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 12, 2000. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 36, 37, 38, 39, and 39PD Office Complex. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * C. MINUTES of City Committee and Commission Meetings. 1. Citizens' Advisory Committee - Project Area No. 4 Meeting of September 18, 2000. 2. Golf Course Committee Meeting of September 12, 2000. 3. Housing Commission Meeting of September 13, 2000. 4. Investment and Finance Committee Meeting of September 20, 2000. 5. Library Promotion Committee Meeting of September 13, 2000. Rec: Receive and file. D. LETTER OF RESIGNATION from Jim Thorness from the Housing Commission. Rec: Receive with very sincere regret. E. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Irrigation Parts for All Landscape Areas in the City of Palm Desert. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject purchase. F. REQUEST FOR APPROVAL of Contract for Live Musical Entertainment for the City ofudrr Palm Desert's Veterans Day Celebration on November 11, 2000 (Contract No. C182901. Rec: By Minute Motion, approve the subject contract with BC Productions, Palm Springs, California, in the amount of $575 and authorize the Mayor to execute same. G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract Nos. C17500, C17750, C17760, C17770, and C17780 — Traffic Signal Installation at Various Locations Throughout the City of Palm Desert. Rec: By Minute Motion, approve Change Order No. 1 to the subject contracts with DBX, Inc., Temecula, California, in the amount of $11,760 and authorize execution of same. H. REOUEST FOR APPROVAL of Reimbursement to the Coachella Valley Water District for Pavement Repairs. Removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. 4 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REQUEST FOR AUTHORIZATION to Dispose of Duplicate Business License Certificates. Rec: By Minute Motion, authorize the disposal of duplicate Business License Certificates for 1992-1997. J. REOUEST FOR AUTHORIZATION to Dispose of Outdated Checks. Rec: By Minute Motion, authorize disposal of the following checks: 1) Bank of America - Payroll Checks 328770 to 328786, 333838 to 333882, and 334121 to 334682; 2) Bank of America - Accounts Payable Checks 67123 to 67350 and 67372 to 37375. K. REOUEST FOR AUTHORIZATION for Desert Cities Track Club's Second Annual "Turkey Trot." Rec: By Minute Motion, authorize the Desert Cities Track Club to stage their Second Annual "Turkey Trot" on Thursday, November 23, 2000 (Thanksgiving Day), from 7:30 a.m. to 9:00 a.m. L. REQUEST FOR WAIVER ofFees Associated with the National Multiple Sclerosis Society's Annual Walk-A-Thon. Rec: By Minute Motion, waive fees associated with the subject walk-a-thon scheduled to be held Saturday, March 31, 2001, in the Palm Desert Civic Center Park. M. REQUEST FOR FINAL APPROVAL of Artwork by Bill Ware Located at the Marriott Courtyard/Residence Inn. Rec: By Minute Motion: 1) Accept as complete the Bill Ware sculpture commissioned by Bill Swank/Desert Cities Development for the Marriott Courtyard/Residence Inn; 2) authorize disbursement of final payment to said artist in the amount of $20,913 from Art In Public Places Funds. N. REQUEST FOR FINAL APPROVAL of Artwork by Michael Watling Located in the Palm Desert Garden, Gisborne, New Zealand. Rec: By Minute Motion: 1) Accept as complete the subject sculpture commissioned for Palm Desert's Sister City, Gisborne, New Zealand; 2) authorize disbursement of final payment to said artist in the amount of $1,800 from the General Fund, Account No. 110-4416-414-3126. O. REOUEST FOR APPROVAL of a Refund of El Paseo Assessment Fees for Business License No. 99-17857 (Waltah Clarke's, Applicant). Rec: By Minute Motion, approve of the subject refund in the amount of $128.94 from FY 99/00. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 20000,44 * * * * * * * * * * * * * * * * * * * * * * * * * * .40 Councilman Spiegel asked that Item H be removed for separate discussion under Section IV, Consent Items Held Over. Mayor Pro-Tem Ferguson moved to approve the remainder of the Consent Calendar as presented. Motion was seconded by Kelly and carried by unanimous vote. IV. CONSENT ITEMS HELD OVER H. REOUEST FOR APPROVAL of Reimbursement to the Coachella Valley Water District for Pavement Repairs. Councilman Spiegel expressed concern with the way City streets are left after the Water District has completed installation of pipes. He said he had spoken with Mr. Folkers about this situation, and he advised that the Water District had no major obligation other than to put black -top down. He said he did not feel what had been done on Portola Avenue was satisfactory. The Water District was tearing up a lot of City streets, and he felt the City needed to have better control over how those streets are left when the installation has been completed. Upon question by Councilman Kelly relative to whether the Water District was required to restore the street to the way it was prior to their pipe installation, Councilman Spiegel responded that the Water District was required to put asphalt over the pipe. Mayor Crites stated that the Water District was required to leave the street as it was found prior to its work being done, and Councilman Spiegel said he felt this was not being done. Mr. Folkers apologized for the misunderstanding and said that it was temporary paving on Portola Avenue at this time, and it would be there for approximately a month, and then the Water District will go in, grind the full lane width where appropriate, and put a hot asphalt lift on the street. When the entire project is complete, the riding surface should be as good as or better than it was before they did the repairs. The City will then, at some point in the future, go in and either slurry seal or overlay the road; in the meantime, there will be a difference in coloration because the side done by the Water District will be darker than the other side, although riding quality will be the same on either side. Councilman Spiegel questioned Monterey Avenue and Highway 111, and Mr. Folkers responded that the Water District would repair the pavement when that project was completed as well. Councilman Kelly stated he felt the temporary paving was not satisfactory and was usually in place for a month or two before the final paving is done. He said it was not only rough and hard on vehicle tires, it also caused the breakdown of the rest of the road. He also expressed concern with they** reduction of lanes in the construction areas and said he felt it would be helpful to have some of the construction workers directing traffic through those areas when it gets backed up. -44 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Folkers responded that this concern had been passed along to the City's inspectors to talk with the contractors and let them know when they are not utilizing a lane, it should be opened up and they should be helping to move traffic along. Councilman Spiegel stated that is was his understanding that the sewer line on Monterey Avenue, opposite Westfield Shoppingtown, could be put in at night rather than during the day; however, earlier that day, the entire corner was closed, and people could not get to the Visitors Center. Mr. Folkers responded that the storm drain installation was done at night. The resurfacing and some of the manhole repairs were done during the day. He said the work that was going on at the corner today was a relocation of a water line, and it was not part of that storm drain project. Councilman Spiegel moved to, by Minute Motion, authorize the payment of $13,468 to the Coachella Valley Water District for pavement repairs from Street Repair Account No. 110-4310-433-3320. Motion was seconded by Ferguson and carried by unanimous vote. V. RESOLUTIONS A. RESOLUTION NO. 00-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, EXPRESSING OPPOSITION TO PROPOSITION 37 WHICH WILL APPEAR ON THE NOVEMBER 2000 STATEWIDE BALLOT. Mr. Ortega noted the report in the packets and offered to answer any questions. Councilman Kelly moved to waive further reading and adopt Resolution No. 00-128. Motion was seconded by Spiegel and carried by unanimous vote. VI. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 970 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.56.280 RELATIVE TO DETACHED ACCESSORY BUILDINGS (City of Palm Desert, Applicant). Councilman Kelly moved to waive further reading and adopt Ordinance No. 970. Motion was seconded by Ferguson and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. NEW BUSINESS A. REOUEST FOR APPROVAL OF ONE-YEAR EXTENSION OF THE AGREEMENT FOR PROPERTY MANAGEMENT SERVICES FOR THE PARKVIEW OFFICE COMPLEX (CONTRACT NO. C15101). Mr. Ortega noted the report in the packets and stated that Mr. Gibson was available to answer any questions. Councilman Spiegel moved to, by Minute Motion, approve a one-year extension of the subject contract with Mason & Mason, Inc., Montrose, California, and authorize the Mayor to execute same. Motion was seconded by Kelly. Mayor Pro-Tem Ferguson asked if it would be possible to hire someone full-time for less than $117,000 to take care of these two buildings. Mr. Gibson noted that the cost to the City was approximately $65,000. He said the $117,000 as indicated in the staff report was the increase of rent receipts from new tenants. Mayor Crites called for the vote, and the motion carried by unanimous vote of the City Council. B. REOUEST FOR APPROVAL OF THE FRANK SINATRA GOLF TOURNAMENT TO BE HOSTED BY DESERT WILLOW GOLF RESORT. Mr. Ortega noted the staff report in the packets. Councilman Spiegel moved to by Minute Motion, authorize Desert Willow Golf Resort to host the Frank Sinatra Golf Tournament on February 2-3, 2001, and February 8-9, 2002, with the conditions as recommended by the Golf Course Committee. Motion was seconded by Kelly and carried by unanimous vote. C. CONSIDERATION OF AMENDING CHAPTER 3.40 OF THE PALM DESERT MUNICIPAL CODE, RELATIVE TO PARKING AND BUSINESS IMPROVEMENT AREAS, AND APPROVAL OF THE AMENDED AND RESTATED BYLAWS OF THE EL PASEO BUSINESS IMPROVEMENT DISTRICT. Mr. Ortega noted the staff report and recommendation in the packets. Councilman Spiegel moved to: 1) Waive further reading and pass Ordinance No. 971 to second reading, amending Palm Desert Municipal Code Chapter 3.40; 2) by Minute Motion, approve ofthe amended and restated,,.,,,, bylaws of the El Paseo Business Improvement District. Motion was seconded by Kelly and carried by unanimou: vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. CONTINUED BUSINESS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, DENYING A REQUEST TO REMODEL THE EXISTING BUILDING FASCIA AND INSTALL NEW SIGNAGE AT BOTH CIRCLE K STORES LOCATED IN THE CITY OF PALM DESERT AT 45-200 PORTOLA AVENUE AND 44-775 SAN PABLO AVENUE Case Nos. 99-76 / 99-78 SA (Circle K c/o A&S Engineering, Appellants) (Continued from the meetings of August 24, and September 14, 2000). THE FOLLOWING IS A VERBATIM TRANSCRIPT OF THIS PORTION OF THE MINUTES: BAC Mayor Buford A. Crites PD Philip Drell, Director of Community Development JP John Patton, Representative for Circle K Stores RAS Councilman Robert A. Spiegel JF Mayor Pro-Tempore Jim Ferguson RSK Councilman Richard S. Kelly JMB Councilmember Jean M. Benson RDK Deputy City Clerk Rachelle D. Klassen BAC Continued Business A, Consideration of an appeal to a decision of the Architectural Review Commission regarding Circle K Stores. Mr. Drell... PD Yes...we had a meeting with the Architectural Commission last Tuesday, and they reviewed a revised plan and did approve a revised plan although modified somewhat from what was submitted. On the wall behind you are the little pictures of what was submitted which I'll go over. On top is what was submitted for the meeting last Tuesday, and under that was what was previously denied by the Commission. JP I have both of those if you'd like me to hand them out. PD Well, they have them up there on the wall, so I don't...you have the ones that have been modified per their recommendation? Let me go over the... JP Yes, I do, with the subdued stripes... PD Oh, okay, so you might want to put that up, with the brown stripe instead of the red stripe. Basically, what you're looking at there in the front is the existing front shade structure...under that shade structure, that's what you're looking at. When you're looking on the side... so they're preserving the existing front wing, and that's what you're seeing on the, on top. The one on top. We've handed 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000,,,,16 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * out, the applicant has provided us with the plan as modified by the Architectural Commission, you want to look at that. So, the... BAC Now, the one that just showed up at our seats, is that the one? JP You have both of them there. On the back you'll have the one that was approved yesterday by the... PD Let me go through the changes now. BAC How about this? Let's start with what the Architectural Commission approved yesterday. PD And that's what I will list. First, when looking at the plan that has just been handed out, it includes preservation of the wing shade structure, and that's when you're looking at it in front elevation, that's that white thing. In essence, you're seeing that in elevation, that's what it looks like. It's the existing wing. BAC Is the one with the Circle K on the side of the building, then, the one that we're supposed to be looking at? PD Yes. BAC Okay, so the one, not the one with the circle and the K at the top of the building? PD The one on the side. BAC The one on the side is now the one that is delivered to us from Architectural Review. PD Correct. BAC Okay, at least we're all on the same drawing. PD Exactly. So you're seeing the existing shade structure on top. We'd call it the architectural detailed band, which used to be the main feature of the old plan, is now underneath that structure, and it is a tan color. On the back, there'll be an identical band, which will serve as the equipment screen for the rooftop equipment. The sign, which used to be in the center, is now offto the side. In that sign, only the K and the white around the K will be illuminated. The red portion making up the rest of the square will be opaque. Then you see, in essence, repainting of the block with a, in essence, a creating of a tan shade, that kind of a wainscoting at the bottom. Then, on the wall, you see the landscape plan. This is for the building on... BAC Why don't we stop before we get to landscaping... PD Okay. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * BAC ...and make sure the Council... PD Has any questions. BAC ...has questions. RAS There are two different stores here. JF I have a huge question. PD These details will be identical for both stores, the ones I just described. BAC Why do we have the old... JF Why were we given two plans? PD We gave you the old plans so you could compare. That is what the old appeal was. Okay, now let me...the applicant would like. BAC Don't get the applicant... PD Okay, this answers the question why you have both plans. The applicant would like and requested that in your action you specifically reject the appeal concerning the old plan, in essence deny the old plan so it is clear on the record that that old plan was rejected by this Council. JP Right. RAS In other words, the one that was rejected by Architectural Review. PD Yes. JP Yes. PD And so, we want the Council to reject that plan and then consider the revised plan, again this is a request of the applicant, revised plan recommended by the Architectural Commission. BAC Okay. RAS Unanimously recommended? PD Yes. JF Okay, question. MINUTES woo REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PD Yes. JF There seems to be on the new plan some detail showing the brick facing on both the sides and the front of the building, and there's no such detail on the "old" plan. I suspect they don't plan on building a new building. Was it simply... PD They were going to stucco over the brick, I believe. JP That's right, on the original one. JF Okay, so you're now not stuccoing, you're leaving natural... JP Natural brick, what's there, correct. JF Okay. RSK Why the requirement to reject the other one? JF I don't understand that, either. PD The applicant can answer that question. JP Yeah. For the purpose of...our corporation is not crazy about leaving this shade. They don't want to really do this, they don't feel that we give much of our image out there, so they want me to assure that it was on the public record that we don't want that one that we discussed when I was here last time, and we do want this one with this shade overhand and the sign off to the side. And I had to make sure to get that in the public record. BAC Okay. JF So am I clear in understanding that the Architectural Review Commission forced them to remove the stucco and wanted them to leave what was already there? PD They did not. JF So that was a decision by the corporation? PD Yes. BAC Any other questions about the architectural component? Okay. Now, landscaping... PD Basically, they are proposing to expand the corner, this is on the San Pablo site, expand the landscaping on the corner into the area which was formerly occupied by the gas station gas pumps, as you see on the plan. Also, renovate the other planters that presently, they have some palm trees 111 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * but no other planting. Again, we have the whole bunch of suggestions or requirements relative to plant material, which they have to come back with still, but in essence, replant those with appropriate desert plant materials. BAC Okay. Are there questions about the landscape master plan? JMB What are we doing on the landscaping on Portola? PD Portola, you have landscaping in front, which is in pretty good, basically we have some bougainvillea around a monument which is a nice bougainvillea, and they typically have had the practice of planting annual flowers around it, so they didn't...there weren't the opportunities for new landscaping there in that the planters are fairly well landscaped. I might also add that the additional requirement on both sites was to, since in both buildings the gates to the trash enclosures are quite visible, that they have to replace those gates with something appropriate in design for something that's virtually in full public view. BAC Okay. Are there other questions? Okay, there being none, then the floor is open. I believe the staff recommended action is to first, a motion to deny the appeal and then, secondly, a motion to accept the Architectural Commission's recommendation. Is that correct? PD Correct. BAC Is there such a motion to do those two items? JMB So moved. BAC There is a motion. Is there a second? RAS Second. BAC There is a second. Is there further discussion? There being none, please vote. RDK Motion carries by unanimous vote. BAC And that takes care of both items. And, sir, thank you for your time, your efforts, and your goodwill with the community. Item B under Continued Business... For clarification purposes: Councilmember Benson moved to, by Minute Motion: 1) Deny the appeal; 2) accept the project as recommended by the Architectural Review Commission. Motion was seconded by Councilman Spiegel and carried by unanimous vote. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF THE DISPOSAL OF SURPLUS CITY VEHICLES (Continued from the meeting of October 12, 2000). Mr. Ortega stated that there had been clarification from Martha's Kitchen with regard to the donation of the City's vehicles. Based on that, staff recommended that the donation be approved. Councilman Spiegel moved to, by Minute Motion, approve the donation of surplus City vehicles to Father Joe's Villages for Martha's Kitchen. Motion was seconded by Benson and carried by unanimous vote. C. CONSIDERATION OF THE PROJECT FOR INTERSECTION IMPROVEMENTS AT HIGHWAY 111/HIGHWAY 74/MONTEREY AVENUE AND THE PROPOSAL BYHOLLAND- LOWE (Continued from the meeting of October 12, 2000). Mayor Crites stated that action on this item would be taken following Closed Session. Following Closed Session, the subsequent discussion occurred. Mr. Erwin reported that discussions had been held with the contractor, attempting to extend the contract to begin in April 2001. He noted that the contractor's bonds were six weeks late, technicall} a violation of the bid bond requirements which said the contractor would meet those requirements`` within 10 days of contract award. Additionally, the contractor indicated it could not really do the contract in 90 days, and based on the aforementioned information, it was his recommendation to rescind the action of August 24, 2000. He would notify the contractor of same. Councilman Spiegel moved to, by Minute Motion, rescind the action of August 24, 2000, that awarded the subject contract to Holland -Lowe. Motion was seconded by Crites and carried by unanimous vote. IX. OLD BUSINESS A. REOUEST FOR AWARD OF CONTRACT FOR PERIMETER RETAINING WALL AND SIDEWALK ALONG COUNTRY CLUB DRIVE FROM EL DORADO TO DESERT FALLS COUNTRY CLUB (CONTRACT NO. C 18150, PROJECT NO. 689-00). Mr. Ortega noted the staff report in the packets and stated that Mr. Folkers was available to answer any questions. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Anthony Marmolejo Construction Company, Inc., Banning, California, in the amount of $130,556 and authorize a ten percent (10%.""" contingency in the amount of $13,055.60 -- project totaling $143,611.60; 2) authorize the Mayor to execute same. Motion was seconded by Kelly and carried by unanimous vote. B. PRESENTATION OF REPORT ON SPEED HUMPS ON RESIDENTIAL STREETS. Mr. Ortega noted the report in the packets. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites noted that the Public Safety Commission had reviewed this matter at its meeting of September 20, 2000, and declined to support a staff recommendation for an advisory committee on this issue. He noted that staffs recommendation at this time was to receive and file. Mayor Pro-Tem Ferguson moved to receive and file this report. Motion was seconded by Kelly. Councilman Spiegel stated that concerned citizens had come to the City and asked about speed humps. Although he was not saying they were necessarily the answer to the speeding problem in the City of Palm Desert, he said he would like to have input from residents. Councilmember Benson suggested an article for the City's newsletter asking for residents' perception of speed humps and whether they favored or opposed such a measure. She said the article should include a telephone number that could be utilized to register such opinions, and the Council could consider that data. Mayor Pro-Tem Ferguson stated it was his understanding that Transportation Engineer Mark Greenwood's approach was that speed bumps are one of about a dozen different ways to mitigate critical speeds on surface streets. He said the concern was with speed rather than just the remedy, and he would rather see an effort made to deal with the problem itself. Councilman Spiegel said there may be enough concern that perhaps speed humps could be tried out in some location. Councilman Kelly suggested that more information be obtained from the Public Safety Commission prior to a decision by Council, information as to why the Commission took the action it did. He agreed with Mayor Pro-Tem Ferguson that the problem needed to be dealt with. Mayor Crites asked if it would be appropriate to receive and file the report and ask for more detailed information from the Public Safety Commission, both about this and about its interest in an advisory group concerning the more general issue of speed on residential streets. Mayor Pro-Tem Ferguson noted that a committee was formed to look at the issues with one street, Edgehill, and those residents wanted not speed bumps but the smaller dots that make noise when one drives over them, since they had been proven to reduce speeds. However, it was not a long-lived solution, as residents complained ofthe traffic noise associated with those dots. He sympathized with residents wanting to reduce speeds on Haystack and other streets, but if the problem is speed, he felt that was what should be addressed rather than just one remedy, which was why he made the motion. Councilman Spiegel stated that, rather than receive and file this report, he would rather continue the matter until a full report is received from the Public Safety Commission. Mayor Pro-Tem Ferguson noted that there is also a transportation element to the General Plan which will study this issue as well. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson agreed to amend his motion to receive and file this report, asking staff to obtain more detailed information from the Public Safety Commission regarding its recommendation plus providing advice concerning the more general issue of speed on residential streets and its relation to the transportation element of the General Plan that is now in the process of being updated. Councilman Kelly agreed to amend his second, and the motion carried by unanimous vote. X. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Business Support Manager Ruth Ann Moore stated at the time she filed the report, there had been no leasing activity to report to the City Council since its meeting of October 12, 2000. She said she had spoken with Tammy Perezchica of The Gardens of El Paseo earlier today, and she wanted the Council to know that Gymbaby had left the center, and BB 1 had decided to expand into part of that location. She added that Sunglass Hut would take the remainder of that space. Report on Presidents Plaza Property Assessment (Edith Morrey Matter) Mr. Gibson noted that Ms. Morrey had indicated prior to this meeting that she would like to meet with him and that her biggest concern was to receive a refund for the last five years of her over -assessment. He said he would bring a report to the Council at its next meeting relative to that refund. 3. Report on Water -Efficient Landscape Ordinance Mr. Ortega noted that at the last meeting, a concern was raised that perhaps the City was not enforcing the water -efficient landscaping portion of the Municipal Code. He said a report was prepared by Mr. Folkers relative to exactly what the City does in this regard. He noted that the report included staff recommendations. Mayor Crites stated that he and Mayor Pro-Tem Ferguson had met with the General Manager and a Board Member of the Coachella Valley Water District earlier that day and shared this report with them. He noted a representative of the District was in the audience, and he asked if he had looked at the report and if he had any comments at this time. MR. DAVE HARBESON responded that he had not yet seen the report but would follov up on it. .., Mayor Crites suggested that the report be presented to the Landscape Committee with a request that it review the recommendations and bring back specific proposals for policy change if appropriate. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, direct staff to present the report to the Landscape Committee for consideration and recommendation on policy changes, if any. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Crites noted that the Coachella Valley Water District would be informed of when the next meeting would be held and would be provided with an Agenda in advance of said meeting so that the District would have an opportunity to comment on any changes. B. CITY MANAGER 1. Request for Direction Relative to Off -Road Vehicles on Recently Purchased City Property West of the Palm Valley Channel. Mr. Ortega stated that the City had purchased 27 acres west of the Palm Valley Channel, and he had personally observed off -road vehicles on that property. He noted there were property owners in the back who used the City's property for access, and the City was aware of this when the property was purchased. He asked if there was any specific Council action that needed to be taken at this time (i.e., installation of barriers, etc.) to control access to the property, although any such barriers would still need to allow access for those property owners previously mentioned. Councilman Spiegel stated that the Parks & Recreation Commission was currently looking at the proposed park on the Homme property, and Mr. JeffWinklepleck would be sending a memorandum to the City Council advising of the Parks & Recreation Commission's action. He said if Council felt there were other things that should be done, that would be looked at by the Commission prior to a final recommendation to the City Council. He noted that the Commission was looking at a possible three -acre community park, including a restroom and barbecue pit, with parking facilities for approximately 50 automobiles. In addition, the Commission was looking at land that would need to be purchased by the City in order to connect all of the trails and the other City parks in that area. He said this would be coming to the Council with a recommendation by the Commission as well. Mayor Pro-Tem Ferguson stated that, in general, he was not in favor of acquiring open space and fencing it. He said perhaps this was an enforcement issue with off -road vehicles, and he said he would rather look at enforcement than physically restricting access to the property. Councilman Spiegel stated that the Parks & Recreation Commission did not look at fencing at all, but it did look at a large dog park for the area, which would be something good for the people who live in that area. Mayor Crites suggested taking palm logs and line then along the Wash Road in order to make it inconvenient for off -road vehicles to get out into that area, although it would not stop access. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *"'"'' Councilman Kelly disagreed with the use of palm logs and said he felt they did not look very nice. It was Council's concurrence to wait for the Parks & Recreation Commission recommendation, with direction in the interim that more attention be given to enforcement of existing regulations. C. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time to consider items listed on the Agenda. He also asked that Council add the following items which arose after the Agenda was posted. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Councilman Spiegel moved to add these two items to the Agenda for consideration in Closed Session. Motion was seconded by Benson and carried by unanimous vote. 1) Reauest for Closed Session: OPION Conference with Legal Counsel regarding existing litigation pursuant to Government Codebvrr Section 54956.9(a): a) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 013297 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 2) Renort and Action on Items from Closed Session Made at This Meeting. None D. CITY CLERK None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Committee Reports: 1. Senior Olympics (Councilman Robert A. Spiegel) Councilman Spiegel stated that the Coachella Valley Recreation and Parks District would make a presentation to the City Council at its next meeting relative to the upcoming Palm Desert Senior Olympics scheduled to take place in February 2001. He said this was the Senior Olympics for southern California, and the winners of the various events go on to Sacramento. He said it was hoped that within the next three years, the date will be moved to April or May and that the City of Palm Desert will be able to host the final Senior Olympics for California. He noted that the final Olympics for the United States for this year will be in New Orleans. 2. Santa Rosa/San Jacinto Mountains National Monument (Mayor Buford A. Crites) Mayor Crites stated that on Tuesday, October 24, 2000, President Clinton signed into law the Santa Rosa/San Jacinto Mountains National Monument bill. He said the United States now had its first jointly administered national monument by the Forest Service and the Bureau of Land Management and the first that has been authorized through the Congressional process and signed by the President of the United States. He expressed his appreciation to members ofthe City Council for their support of that process. Councilmember Benson asked if it would be appropriate for the City to send a letter of appreciation to Congresswoman Bono, and Mayor Crites agreed. With Council concurrence, staff was directed to draft a letter of appreciation to Congresswoman Bono. XL COMPLETION OF HELD OVER ITEMS None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF ANNUAL "MINI MUSTER" RECOGNITION AND ARTWORK AWARD CERTIFICATES. On behalf of the entire City Council, Mayor Crites and Deputy City Clerk Rachelle Klassen presented certificates to the following students whose artwork best depicted Mini Muster 2000: Alicia Crawford, Washington Charter Elementary School Elijah Riddle, Abraham Lincoln Elementary School Christina Hernandez, Gerald Ford Elementary School Josh Cheng, James Carter Elementary School Certificates were also presented to the following individuals involved with this program: Fire Station No. 33 for eight years of community service conducting, operating and sponsoring the Mini Muster Fire Safety Program for the third -grade students of the Cove Communities schools. Desert Sands Unified School District for its eight years of community service participating in an sponsoring the Mini Muster. The Historical Society of Palm Desert for eight years of community services founding, participating in, and sponsoring the Mini Muster. Dan and B.J. Callahan of The Historical Society of Palm Desert expressed their appreciation to the City of Palm Desert for its support of this annual event. They presented certificates to Assistant City Manager Sheila Gilligan and asked that she distribute them to the appropriate City Staff. A certificate was also presented to Fire Chief Rios who expressed appreciation to the City of Palm Desert on behalf of the Palm Desert Fire Department. Mr. Callahan noted that every member of the fire stations that participated in this event would receive a certificate of recognition from The Historical Society. Additional certificates were presented to the staff of all of the participating elementary schools. Councilman Kelly explained that the Mini Muster is a hands-on opportunity for third -grade students to go through exercises such as how to get out of a smoke -filled room or house. The firemen are on -site to help the children learn how to do these things. A lot of time is put into this event by members of The Historical Society, Fire Department, schools, etc. B. PRESENTATION TO THE CITY COUNCIL BY PALM DESERT LITTLE LEAGUE. Ms. Klassen noted that representatives of the Palm Desert Little League would not be in attendance until 7:00 p.m. She suggested that this matter be held until after the Public Hearings. MS. RHONDA CONLEY, representing Palm Desert Little League, addressed the Council and stated that while they were part of a well-known international organization, their particular Little League 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * had only been in existence for the last several years. She said they had worked with 48 players, 11- and 12-year-olds, for the last few years, and in that short amount of time had a lot of success. She added that part of that success was due to the support of the City of Palm Desert, and she thanked the City Council for its financial support through Block Grant Funds. In addition, she thanked the Public Works Department for its efforts in maintaining and upgrading Olsen Field. She also thanked the City for allowing them to have the field time needed for practices and games. She noted that last summer two of the all-star teams were taken to the Division 58 sectional tournaments in Blythe, and both the 11-year-old team and 12-year-old team won the championship. Several of the boys showed the banners received for winning the championships, and Ms. Conley asked if there was a place in the City to display the banners for the community to see. Mayor Crites stated this would be done. Councilmembers were presented with hats and pins, designating them as official "Palm Desert Little Leaguers," and were invited to come out to Olsen Field next season to watch the boys play. Ms. Conley said the Councilmembers would receive written invitations to attend "Opening Day" as well. They were also presented with a picture of all of the teams and an official Little League patch that could be displayed at the City. Ms. Conley introduced a special coach for the League, Mark Cressy, and said he was a former coach of the Dodgers. MR. CRESSY thanked the Council for its support. He added that there were a lot of really good players and good parents in this league, and he felt many of them would be seen in the major league in years to come. XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL, OF THE SALE OF MOBILE HOME LOT NO. 35 (APN 622-351-035-5) LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the report in the packets and offered to answer any questions. Mayor/Chairman Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman/Member Spiegel moved to: 1) Waive further reading and adopt City Council Resolution No. 00-125, authorizing the Palm Desert Redevelopment Agency to sell the subject mobile home lot at fair market value; 2) waive further reading and adopt Redevelopment Agency Resolution No. 406, making the finding that the sales price for the lot is not less than its fair market value in accordance with the highest and best use under the Redevelopment Plan for Project Area No. 1 Amended. Motion was seconded by Ferguson and carried by unanimous vote. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REOUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT NO. 142 (APN 622-351-142-6) LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the report in the packets and offered to answer any questions. Mayor/Chairman Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman/Member Spiegel moved to: 1) Waive further reading and adopt City Council Resolution No. 00-126, authorizing the Palm Desert Redevelopment Agency to sell the subject mobile home lot at fair market value; 2) waive further reading and adopt Redevelopment Agency Resolution No. 407, making the finding that the sales price for the lot is not less than its fair market value in accordance with the highest and best use under the Redevelopment Plan for Project Area No. 1 Amended. Motion was seconded by Ferguson and carried by unanimous vote. C. REOUEST FOR APPROVAL OF THE SALE OF 75-336 YELLOW SAGE COURT AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). • Mr. Ortega noted the report in the packets and offered to answer any questions. Mayor/Chairman Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman/Member Spiegel moved to: 1) Waive further reading and adopt City Council Resolution No. 00-127, authorizing the Palm Desert Redevelopment Agency to sell the subject property at fair market value; 2) waive further reading and adopt Redevelopment Agency Resolution No. 408, making the finding that the sale price for the subject property is not less than fair market value in accordance with the highest and best use under the Redevelopment Plan for Project Area No. 1 Amended. Motion was seconded by Ferguson and carried by unanimous vote. D. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, APPROVING A REQUEST BY MOBIL OIL CORPORATION FOR AN AMENDMENT TO AN EXISTING PRECISE PLAN/CONDITIONAL USE PERMIT FOR A MOBIL GAS STATION, CONVENIENCE STORE, INCLUDING BEER AND WINE SALE FOR OFF -SITE CONSUMPTION, AND DRIVE-THRU CAR WASH ON 1.58 ACRES AT THE NORTHEAST CORNER OF COOK STREET AND GERALD FORD DRIVE, 36-650 COOK STREET' Case No. CUP 00-06 Amending PP/CUP 96-10 (Mobil Oil Corporation and Urrutia Architects Applicants) (Continued from the meetings of August 24, September 14, and September 28, 2000) Mayor Crites noted that this was a continued public hearing, and he invited testimony in FAVOR of or OPPOSED to this request. No testimony was received. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to continue the subject hearing to the meeting of December 14, 2000. Motion was seconded by Spiegel and carried by unanimous vote. E. CONSIDERATION OF A TENTATIVE TRACT MAP TO SUBDIVIDE APPROXIMATELY 106 ACRES INTO SEVEN LOTS (TT 29428) AND APPROVAL OF A PRECISE PLAN OF DESIGN FOR THE HILTON CONFERENCE CENTER, INCLUDING 250 SUITES, A 64,250 SQUARE FOOT CONFERENCE CENTER, PARKING STRUCTURE, AND ACCESSORY STRUCTURES, AND A HEIGHT EXCEPTION FOR THE CONFERENCE CENTER BUILDING, ALL LOCATED ON LOT 2, TT 29528, A 16.86 ACRE SITE AT THE NORTHEAST END OF DESERT WILLOW DRIVE, 39-000 DESERT WILLOW DRIVE Case Nos. PP/CUP 00-09 and TT 29528 (Desert Willow Conference Center, LLC, and Mainiero, Smith & Associates, Inc., Applicants). Mr. Ortega noted that this was a continuation of a prior public hearing. He said he wished to make Council aware of a condition which would have been on the Redevelopment Agency by the Planning Commission for the construction of an additional 300 parking spaces; in the meantime, a consultant had looked at the overall needs for parking at Desert Willow, and Agency staff and the consultant would give their opinions on that requirement. Mr. Drell stated that various issues from the last meeting had either been resolved or would be studied further. One issue was a request by the adjacent residents in Montecito to change the configuration of the project. It was proposed to convert the units on the east side of the project from two-story to one-story, and there was discussion that if the total number of units in the project was to be maintained, they would be replaced by three stories. He said additional analysis had been done, and pictures were included in the Council packets. Poles had been erected to show all of the various heights of the buildings and the impacts on views. The result of that analysis indicated that while there would be some view improvement of a one-story/three-story configuration, based on the viewpoint of the rear yard of the nearest neighbor, it was not as much as was depicted in the computer photo which was taken at a lower elevation at the fence line. He said there was some real improvement, but it was not enough in the residents' opinion to warrant support on their part. A letter was received from those residents indicating they would not endorse the one-story/three-story arrangement, especially since (according to the developer) it would cost approximately $2 million to implement. The residents had requested that the project be reduced in overall size and have one-story only, with the second story units deleted from the project entirely. Based on the history of the development ofthe project, staffcontinued to recommend the Planning Commission recommendation for the two-story configuration. With regard to the parking analysis, staff felt its original position on the parking situation should be carried forward and that the Planning Commission recommendation should be approved. Councilman Spiegel noted that staff indicated it would cost approximately $1 million to develop the one-story/three-story as opposed to the two-story/two-story, and he asked if there was a plan to put an elevator in the two-story. Mr. Drell agreed and said staff had looked at the analysis submitted by the applicant which showed where costs would be greater and where there would be savings. He said 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000� * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * there would be savings with having no elevator in the one-story and an additional cost of having a taller elevator in the three-story. In analyzing the comparative costs, he said he was reasonably satisfied that it was in the magnitude of $1 to $1.2 million in hard costs. He said the applicant could discuss the soft costs in terms of architecture, etc. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. MR. ROBERT SONNENBLICK, a principal in the development company for the project, noted that two issues had been left fairly open, the first of which had been dealt with. He said staff hired the Walker Group for the parking study. He said his firm had reviewed the draft ofthat study and, except for a few typographical errors in the study itself, was in agreement with both the conclusions and the recommendations in that study. Councilmember Benson questioned the 300 spaces that the Planning Commission asked be added, and she asked if that was the responsibility of the developer rather than the City. Councilman Spiegel stated that additional parking was needed for the Desert Willow Clubhouse. Councilmember Benson said that while the Clubhouse parking was the City's, she would not approve any parking for the hotel. MR. SONNENBLICK stated that the conclusion of the study was that the conference center does not need additional parking and that it was self-contained. Upon additional question by Councilmember Benson, Mr. Sonnenblick stated that the additional parking requested by the Planning Commission included the golf use. Mayor Pro-Tem Ferguson added that 200 of the 300 was needed because of the City's own under parking of the Clubhouse. Mr. Drell stated that with regard to the parking study, staff agreed with its conclusion in general; however, it did indicate that there would be times, if the conference hotel manages itself properly, there will not be any need for additional parking, and staff agreed with that. While other facilities historically relied on off -site parking for special events and could use the vacant properties around them for same, staff felt off -site solutions would eventually not be adequate for this project because of its location and the fact that there will be no available space near it that could be used. Staff felt it would be prudent, until the real demands of the various facilities could be assessed, to provide for that parking now. Redevelopment Agency Manager Dave Yrigoyen stated that the parking consultant would be at theme., meeting shortly. He briefly reviewed details of her study, noting that her findings were that, giver the requirements of the clubhouse, the conference center site, and the resort site, there is adequate parking unless there is a high demand, in which case some other off -site parking requirements would+ have to be looked at. One of the areas she identified was the current academy site on Portola Avenue, which had 120 parking spaces. He said that site would not have a high parking obligation 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * for its current use, and there would be approximately 90 to 100 parking spaces that could accommodate employees of this project. MR. SONNENBLICK stated another issue as noted by Mr. Drell was the potential height issues on the conference center, whether it stayed at the two-story or was changed to the one-story/three-story configuration. He said they had their architect do drawings based on switching from a two-story to a one-story/three story. Those drawings were given to the contractor to find out the hard costs difference between the two plans, and it would be approximately $2 million total for the hard costs plus soft costs. He added that they were neutral, from the ownership development company, as to which of those plans should be selected. Councilmember Benson said it was her understanding that the Council was not going to be looking at these hotels individually and that both hotels would be considered at the same time so that it is clear what they both will look like and how they will fit in. Mayor Pro-Tem Ferguson said this had been an almost 15-year, $82 million process designed to get a world -class resort destination hotel. He said now we're talking about concessions on a conference center hotel, which to him should be incidental to the resort hotel. He said he had asked at the last meeting and the one before that for a coordinated parking plan for the entire development. He said a study that tells him there is no problem, when everyone (including staff) feels there is a problem, does not do a thing for him. He added that no one had yet addressed how the resort hotel fits in, what its parking needs are, where its parking structure will go, how it will be paid for, etc. He said he joined with Councilmember Benson in a desire to see one integrated project with two hotels, not just one. Councilman Spiegel said the City had been looking at the conference center for some time, and the developer has put a lot of time and effort in this project. He said he would want the developer's written assurance that, once complete, the other hotel would go forward. He noted that the City had always looked at the possibility of a conference center, and at one point it was looking at putting the six -story hotel in the location of the conference center. Because of the concerns of the residents, the decision was made to go with the conference center on that pad. He said the City would not have spent $83 million on two golf courses and a clubhouse if it did not anticipate that some kind of hotel occupancy tax would be coming back to the City. He said the Council did not look at the hotel and conference center when it approved the pro shop, the golf courses, and the entire clubhouse. In addition, it did not look at the hotel when it approved IntraWest. He said they were individual items, and he felt the conference center could be looked at as one item, with the assurance from the developer that he will build the other hotel after the conference center is complete. Mayor Crites stated that when the Council discussed these items separately, it was assured by staff that one of the projects was starting through the Planning Commission well ahead of the other one, but by the time they got to Council, they would be coordinated. He said he had not seen any indication of this happening so far. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000„,� * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. SONNENBLICK agreed with Mayor Pro-Tem Ferguson's comment about integrating into one big resort. He said they had taken the entire design of both the conference center and the resort and had sent their architects over the clubhouse and changed the entire design. He said the conference center hotel, the resort hotel, and the clubhouse were now one aesthetically integrated resort. He noted that updated drawings had been provided to staff and that he would make sure copies were provided to Council as well. Mayor Pro-Tem Ferguson stated that a number of years ago a clubhouse was built on a design -build because the City was in a hurry. He said that someone somewhere made the decision that the parking lot was adequate to service the needs of the clubhouse; however, they were wrong by a factor of about 100% which created a shortfall of approximately 200 spaces. The City's Planning Department felt that shortfall should be made up, in part, with the conference center which is also under parked. He said he was hearing from this report not to worry about the parking and to go ahead and get the project built, and then there will be a 300 space parking demand plus whatever there may be with the resort and no land left to work with. He said the only way to accommodate two concerns was to reduce the scope of the resort hotel, which has higher rates, a larger number of rooms, and is about 70% responsible for the present rate of return on the pro forma over 30 years. He said this was "letting the tail wag the dog," and that was his concern. He added that he would like to see everything at once so he could be assured this will not happen. Councilman Kelly said a project could be over parked as well as under parked, and he would not want to see a sea of parking spaces that are not being used. He said most of the overflow was used by the employees. He noted that the concern was to have the right amount of parking, and a consultant had been hired to look at the parking issue. He said that with any resort, no matter where it is, will at one time or another have a big event with a parking shortage, but one cannot build parking lots and parking structures to accommodate just those situations. MR. SONNENBLICK stated he felt the only way to deal with this issue was to take a worst -case scenario, assume that the project is 300 spaces short, and assume that third -party parking study is wrong and that there are several hundred more spaces that it will be short when the hotels open. He said a normal surface parking lot was about 350 square feet per car, and it would take a total of approximately 200,000 square feet of land to solve the worst -case scenario, or about five acres. He said he felt the easiest thing to do would be to take five acres out of the 500 Desert Willow acres and put surface parking on it. He added that the cost for the striping, asphalt, lighting, etc. would be approximately $7 per foot at the most, or a total of approximately $1.4 million to solve the entire problem of parking. He said two parcels of land had been identified near Portola Avenue, and he offered his firm's services to do the work if the City wishes. Mayor Pro-Tem Ferguson stated that the hotel complex was in the middle of the section of land, ands the parcels mentioned by Mr. Sonnenblick were on the perimeter. He asked how the people parker in that area would be transported to the hotel complex, and Mr. Sonnenblick responded that it coulc be done by shuttle. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated that the entire Desert Willow area was supposed to be one cohesive project, and she did not feel it was acceptable to shuttle people around. Mayor Pro-Tem Ferguson asked how many employees were estimated for the two hotels. Mr. Sonnenblick responded that the parking consultant could answer that question better than he. Mayor Crites stated that according to the parking study, there would be between 25 and 90 employees for the conference center only. Mayor Pro-Tem Ferguson stated that if there are close to 500 to 600 employees with the resort hotel, clubhouse, and conference center, he would not be opposed to Mr. Sonnenblick's suggestion; however, he would like to consider it at the front-end of the process rather than the back -end. MR. SONNENBLICK said he would have his architect take the entire 500 acres, plan out the parking that has been discussed (including the shuttle routes so that Council can see how the shuttle bus might stop at the clubhouse, the conference center, and the resort), the number of spaces, and a budget. Mr. Ortega clarified that when the Planning Commission indicated the developer would be responsible for the additional parking, it actually meant the Redevelopment Agency. He said Mr. Sonnenblick had indicated he would coordinate the additional parking, although he did not say he would pay for it. Councilman Kelly said he felt the Council should be able to see the entire project at one time. He said if there was land that the City did not own, it might be possible to make some kind of swap. MR. SONNENBLICK asked if the City owns the Intrawest piece that has been discussed, and Mr. Ortega responded that Intrawest had purchased that land. Mayor Pro-Tem Ferguson stated there was nothing being discussed at this time that was not discussed four months ago. However, he expressed concern that the Planning Commission, an independent body composed of private residents to advise the City Council on issues, has indicated an additional 300 spaces are necessary, and the City, as the developer, will have to pay the $3 million for those spaces; then the City conveniently goes out and has a study done that indicates that does not have to be done. He said he was real sensitive to make sure every rock has been turned over to make sure there is absolutely no need for it and that the City is not just cutting corners because it happens to be the entity that would have to pay for it. He said staff was trying to be a little cautious on what happens when there is a problem parking special events, and the parking consultant was saying not to worry about it. Mr. Yrigoyen introduced Ms. Carolyn Krasnow of Walker Parking Consultants. Councilman Spiegel questioned a statement in the study indicating that it was a preliminary report and was intended to be understood as a work in progress. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MS. KRASNOW stated she was not finished with the study and that it was presented at this time to show the Council where they were in terms of the study itself. She said there was little disagreement between staff and the study. She said it was not her recommendation that nothing needs to be done, and the recommendation from her firm was that some kind of contingency plan needs to be made for employees on high demand days. She said there would be days when large events are held at the resort or conference center that would bring more demand than is typical. In the vast majority of cases, there would be sufficient parking; however, they need to be prepared to deal with employees and have them parking somewhere else on high demand days. She added that from the findings so far, she did not see there would be an overload of visitors, which would be harder to move than employees. She noted that the question she was dealing with now was how much space would be needed for the employees and whether available resources could be used for that contingency plan, such as the lot for the academy and the lot next to it used for employee parking during the day. She said she had received some additional information rather late in the preparation of this draft report that would lead her to believe that the employee numbers might be higher than she had. She said she wanted to revisit that and make sure the right number of employees is being used. In addition, she wanted to consider the possibility of overload during the daytime. Upon question by Mayor Pro-Tem Ferguson, Ms. Krasnow responded that she anticipated having a final report completed within the next month. v., Councilman Spiegel asked if the developer, in light of concerns by the residents about the building heights, had come up with any other configurations other than what the Council currently had. MR. SONNENBLICK responded that the architects had looked at doing some other things to perhaps spread the entire project out. He said the biggest problem was that they were already land- locked with the triangular piece for the conference center, with golf courses already surrounding it, and they did not have the ability to spread the project and go lower with the buildings. Mayor Crites stated that the original proposal was based on a two-story facility, and the City's code calls for 24 feet. He noted that the conference component of the project was 30 and 36 feet, and he asked what the developer had looked at in terms of placing that at a two-story limit. He said he understood the developer's feeling that the architecture looks better when the ceiling is high, etc. MR. SONNENBLICK responded that the architecture was the reason for the height; however, he agreed that it could be 24 feet. Mayor Crites invited additional testimony from members of the audience. MRS. PAT MITCHELL, representing homeowners at Montecito, thanked the Council for coming.. out and looking at the site from their homes and for having the poles constructed to show the heights She said when the project was before Planning Commission, the homeowners had asked Mr Sonnenblick if it would be possible to put one-story units behind the homes, with the two-story unit+' around the perimeter. She said Mr. Sonnenblick said at that time that it could not be done because he would lose 48 units. She noted that in looking through the Environmental Impact Report, there 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * was an alternate plan for a 200-room hotel, although the developer went with the proposal for a 250- room hotel. She said she felt the 200-room hotel would help with the parking problems and would make the neighbors happy, and she did not feel the loss of 48 rooms would have that much of an impact in the long run. She asked that the developer look at these options she had mentioned and at least consider not putting two-story units right behind the Montecito homes. MR. GARY FOYE, a homeowner, said he appreciated efforts made by Council and staff on behalf of the homeowners. He noted that the pictures previously provided by staff had been taken from a diagonal view, and he felt the elongated view distorted the true impact of the proposed buildings. He said he had gone through notes he had made when purchasing his property, and they indicated there was going to be a two-story structure, but it was not going to be located on the eleventh fairway. He said he was told by the Planning Department that it would run parallel to the eighteenth hole take advantage of the view on the western side, and it would be approximately 500 to 600 yards away from his property. He said the way it was currently configured, it would be approximately 100 yards away from his property, and it would have a much more dramatic impact than he was told. He added that with the two-story level, homeowners would lose about 75% ofthe view that they enjoyed right now. He said, given the uncertainties raised at this meeting about the parking, he felt it would be prudent to wait until the Council has a final report. As far as heights, he felt a fair compromise might be to have the casitas along the eleventh fairway be one-story, and this would solve the parking problem and restore about 50% of the view that the residents will be losing. He added that although he knew something would be built on the site, he was informed by the Planning Department that the conference center would be on the eighteenth fairway to take advantage ofthe view and that it would not be bordering on the eleventh fairway. Councilmember Benson said she did not see how the Council could vote on anything at this time without having seen the entire project together. Councilman Spiegel suggested continuing the public hearing to the first meeting in December so that the final parking study can be completed. He said this would also give Mr. Sonnenblick an opportunity to come back with the other hotel so that the Council can look at the entire project at one time. Mayor Pro-Tem Ferguson stated that he was flexible and would agree to either vote on the height issue at this time or continue the public hearing and consider the entire project as one package if that is what Council wishes to do. Councilman Kelly said he would like to see a footprint for the entire project so that he could see where the employee and special event parking might be located and how the conference center and the resort might fit together. With regard to concerns raised by one of the homeowners regarding the view impact, Mayor Crites suggested that two villas that most impact the views of the residents be brought down to one-story to create a corridor view through the project. He said having open space behind them, followed by two-story casitas, might create a fair architectural relief to the consistent two-story element. He 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * noted that one of the things the Council was absolutely insistent on with Desert Willow was the provision of view corridors, and he felt the existence of those view corridors made a dramatic difference in the open feeling of the project and allowed people to get some vistas through the project. He suggested that this alternative also be considered. Councilman Kelly moved to, by Minute Motion, continue this matter to the meeting ofDecember 14, 2000, with the following direction: 1) Ability to review a footprint of the entire project at the next meeting; 2) completion of the parking study; and 3) exploration of view corridor options. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Crites called a brief recess at 6:08 p.m. and reconvened the meeting at 6:13 p.m. F. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE APPROVED PRECISE PLAN/CONDITIONAL USE PERMIT TO INCREASE THE PERMITTED HEIGHT FOR THE CASITAS FROM 15 FEET TO 17 FEET, 4 INCHES WITH TOWERS TO 22 FEET, 3 INCHES AND THE VILLAS FROM 24 FEET TO 29 FEET, 3 INCHES FOR A DEVELOPMENT ON 75 ACRES SOUTHWEST OF PORTOLA AVENUE AND COUNTRY CLUB DRIVE; SAID REQUEST FILED PURSUANT TO MUNICIPAL CODE SECTION 25.24.310, "EXCEPTIONS" TO THE PR ZONE STANDARDS Case No. PP/CUP 98-21 Amendment #""" (Royce International Investments Company [Portofino], Applicant). Planning Manager Steve Smith reviewed the staff report, noting that this was an amendment to the previously approved precise plan and a height exception for the project known as Portofino on the southwest corner of Portola Avenue and Country Club Drive. He said the north portion of the site was proposed with the two-story villas, while the south portion of the site, adjacent to Casa Blanca and the Sonata area, was one-story casita units. He added that the Architectural Review Commission was recommending approval based on the superior architectural treatment compared to what was previously proposed. He said staffs position was that on the villa units, the 24-foot maximum height should be maintained when viewed from Country Club Drive, and staff had suggested that the applicant take a foot out of each floor and adjust the grade accordingly so that when standing in the middle of Country Club, the buildings would appear to be 24 feet in height. He said staff had met with the applicant earlier in the day, and the applicant was prepared to follow staffs recommendation relative to the villa units. In addition, the roof pitch was lowered from four and twelve to three and a half and twelve, and that took another foot out of the buildings. He said that took another foot out of the buildings, and the developer was looking at taking a total of three feet out of the buildings and lowering the remainder of the site to achieve the net 24 feet when viewed from Country Club Drive. Upon question by Mayor Crites, Mr. Drell noted that there was some confusion as to what the height really was, and the height as proposed was not 29 feet, although that was what was indicated in thepm staff report. He said there was a time when the architect thought the height was 29 feet, but it wa actually 301/2 feet. This height was then lowered to 271/2 feet and then another three feet plus soil Mr. Smith continued with the staff report, noting that the casita units were within code, although they were different from what was previously approved. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Mayor Pro-Tem Ferguson, Mr. Smith stated that the recommendation of the Architectural Review Commission was the full-size buildings. Upon further question, he stated that the full-size building would be visible 27 feet above Country Club Drive, or a three-foot exception. He added that the vote of the Architectural Review Commission was unanimous. Councilman Spiegel asked if he was correct in assuming that the Architectural Review Commission was not given the option of lowering it three feet, and Mr. Smith agreed. He noted that he had discussed the revised plan with the Commission earlier that day, but when it was approved unanimously, the Commission had only seen one height level. Mayor Crites asked if staff was recommending the three-foot lower building and the three-foot reduction in pad height, and Mr. Smith responded that staff was only looking at two -foot lower buildings and did not look at lowering the roof element. Mayor Crites stated that the only way he could see to get the building six feet lower would be to drop three feet off the pad, two feet off the building, and one foot off the roof. Mr. Drell stated that this went back to the original confusion with the building height, and when the staff report was prepared, staff thought it was dealing with a 291/2 foot building; therefore, staff was only trying to achieve a five-foot decrease. It turned out the building was actually 301/2 feet, and the applicant had to take the additional foot off of the roof to achieve staffs recommendation. Staff was recommending that the additional foot be taken off either the roof or the pad. Another option would be for the Council to grant an additional one -foot exception so the building is 25 feet high instead of 24 feet. Councilmember Benson expressed concern that each time the Council approves a project, the developer comes back and is not able to develop it as approved and requests a height exception. She asked why this request was before the Council and if it was just for aesthetics. Mr. Smith agreed that this new proposal was superior aesthetically. Mayor Pro-Tem Ferguson stated it was his understanding this was not being requested by the developer but by the Architectural Review Commission. He added that if he read the staff report correctly, the developer had indicated he did not need an exception. Mr. Smith stated that the developer had initially requested an exception; however, earlier in the day the developer had revised his plans and was no longer requesting an exception. He said there was an amendment to the previously approved project but no exception. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. MIKE SMITH, 73-185 Highway 111, Palm Desert, stated that the project had been reduced an average of three feet in height to accommodate what the architect had come up with. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. LOREN SMETS, LGS Architects, 2444 Dupont Drive, Irvine, California, stated the developer wanted to build a project that would be one of the best of its kind in the country. He reviewed the materials to be used in the project. He noted that the drawings originally submitted showed a height of 30 feet 6 inches, although the drawing itself was scaled somewhat less than that because there were some revisions being made to improve some of the balcony areas, etc. He said they had met with staff regarding the height issues and what could be done to resolve that. The project was presented to Architectural Review Commission, which liked the building as it stood, with the 30 feet 6 inch height. He said he felt it was important to preserve the character and integrity of the project without simply chopping off the roof. He said they could reduce the plates from ten feet to nine feet and could reduce the pitch from 4 and 12 to 3 '/z and 12, which would still comply with the manufacturer's minimum recommendation for clay tile roof. With those revisions, they were taking a foot out of each of the floors, which reduced the building two feet. By reducing the pitch on the roof, the building would be reduced an additional foot, for a total of three feet. He said all of these reductions would be on Building A. The same approach would be applied to Building B, which would bring it down to 27 feet. He said the developer had proposed to take a lot of dirt from the site in order to drop the pads to a level substantially below grade along Country Club Drive to maintain the 24-foot height from Country Club Drive. He said the two-story units would be well away from any ofthe adjacent residents on the south side, and views for residents across the street from Country Club Drive would impacted very little if at all. Mayor Pro-Tem Ferguson asked if the ten -foot plates and the 4 by 12 pitch in the roof would givekiwo the developer a greater profit margin than what the developer was currently willing to do, and Mr. Smets responded that it would be more expensive. Mayor Crites declared the public hearing open and invited members of the Architectural Review Commission to address the Council before members of the public. MR. JOHN VUKSIC, 73-030 Calliandra, said the Architectural Review Commission had approved this building at a height of 30 feet. He said the Commission typically looks at the scale of a building and how reasonable the setback is in relation to the height. He said the Commission felt there needed to be some flexibility on heights, and each project needs to be looked at with some flexibility so as not to compromise what is otherwise fine architecture to achieve a given height. MS. CHRISTY HANSON, 72-813 Haystack Road, said very often when projects are brought to Architectural Review Commission with a height restriction, they have flat, parapeted roofs, and that height is maximized at the tallest point possible. She said with this particular project, she was excited to see that adding a pitched roof actually dropped the perceived height of the building down. She noted that it was actually only the pitched portion at the very top that exceeded the height limit. She said there were a couple of buildings the Commission initially felt were too close to the streets and. would be impacting Country Club Drive, and the developer brought both of those buildings back further into the site to reduce that. The Commission felt all of the buildings were far enough back now that it should not be an issue. With regard to whether a building can have a nine -foot height:^ plate versus a ten -foot plate, that could be done; however, she felt a building with the exterior architecture as proposed by the developer would be made for the upper clientele, and the ten -foot 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * plates would give the developer a lot more variations in the ceilings, which she felt was an extremely important part of the architecture. She added that she was excited to see this project and how beautiful it was, and she had voted to approve the higher height limit. MR. NEIL LINGLE, 74-075 Covered Wagon Trail, agreed with comments made by the other two Architectural Review Commissioners. He said he felt this was a beautiful project, and the developer had done everything the City had asked. He added that he did not feel the project would adversely affect the community, and he urged the Council to approve the request. Mayor Crites invited testimony from members of the public. MS. SANDRA VRONO, resident ofPalm Desert Greens, said she objected to the entire project. She expressed concern that the developer was coming back to the City requesting changes to a project that had already been approved, specifically an increase to the height. MR. BILL STORTZ, resident of Casa Blanca, immediately adjacent to this development. He said he had no objection to the development per se; however, it was his understanding that the building heights for single-family dwellings was set by City ordinance at approximately 12 feet, and the casita units could range up to 30 feet. He noted that the average grade of this property ranged between eight and ten feet higher than Casa Blanca's grade. The casitas would be over 22 feet high on the base roofs and would completely block any views from residents of Casa Blanca to the north. He said he saw no reason for these two-story heights on single-family dwellings. At the request of Mayor Crites, Mr. Smith noted that the zoning for the project was PR (Planned Residential), maximum 24 feet in height, with two-story structures. He said maximum height for typical single -story in the City was 18 feet. Upon question by Mayor Crites, he agreed that the casita units fell within the City heights for that zone and generally for single-family dwellings. Councilman Kelly asked if the single-family units were part of the requested change. Mr. Smith responded that they were part of the requested change. He said while they were well under 24 feet, they were different from what was originally approved. He added that they would be a foot or two higher on the main portion, going from 15 to 17 feet, and they had tower sections to about 22 feet. Councilman Spiegel noted that a comment was made that the land was eight to ten feet higher for the development than at Casa Blanca, and Mr. Smith agreed that it was higher. The engineer for the project stated that there currently were places where the grade was 30 to 40 feet higher than Casa Blanca because there were sand dunes, etc. on the site. He noted that the Casa Blanca development was below the existing grade by five to six feet in most places. He said the developer had an approved grading plan at the original approved heights along Casa Blanca. He noted that residents of Casa Blanca had attended the last hearing when the pad height was approved for this project and a majority of the residents had supported it. He said they had kept the same setbacks from both Sonata and Casa Blanca as originally approved as well as basically the same building height. He said the additional pitch on the roof was further away from the edge of the 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * building, and they had cut down on the number of units that actually are at the 40-foot setback. He added that the density of the project was reduced by over 40 units. MS. DIANA PLOTKIN, 73-730 Calle Bisque, Casa Blanca development, said that while the notice she received relative to the public hearing indicated the developer was asking for a height increase, it said nothing about any towers. She said she felt this was illegal and that people needed to be advised in the hearing notice what is going to be discussed. She said she felt any height increase on this property would be unacceptable to the people who live in Casa Blanca. She added that she thought this project was given a negative declaration, and she did not know how that would stand up in court because the project would impact her views and would impact shade and shadow on people who live closest to the project. In addition, she felt it would impact property values because of the loss of views. She also felt approving a height exception on this project would set a precedent and would allow other developers to come in and request a similar exception. She urged the Council not to allow an exception of any kind on this property. MS. GAYLE BAUM, 36 Acapulco Drive, President of the Homeowners Association at Silver Sands, noted the letter sent to the Council from the Association urging the Council to deny the height exception to the villas. She agreed with Ms. Plotkin that approving the height exception would set a precedent. She said while this project probably would not impact the views of Silver Sands, it was"° her understanding that there were two planned projects for the future that would be directly across Portola Avenue from her home. If an exception is granted by the Council for this project, it would be easy for the developer of the two future projects to get an exception as well. With no further testimony offered, Mayor Crites declared the public hearing closed. Mayor Pro-Tem Ferguson stated he felt what was unique about this project was that the applicant was willing to do whatever the City wants in order to make everyone happy. He said three members ofthe seven -member Architectural Review Commission were saying everyone should be as concerned with what the project looks like as they are about how high the project is. He said that intrigues him because it was almost always the developer wanting more height and more project, no matter what the neighbors want. He said it was his understanding that the people to the south of the project and those in Silver Sands will not be impacted by the height exception. He said the analysis properly focused on what the view will be from Country Club Drive. Councilman Kelly said it was his understanding that what the Architectural Review Commission approved unanimously (301/2 feet) would be reduced three feet if the buildings are left as they were approved. Mayor Crites stated this was correct. In addition, if the Council wishes the buildings to be reduced,, to meet City Code, it will be reduced another three feet, taking a foot out of each floor and a foo from the pitch of the roof, bringing the height down to 241/2 feet. Mayor Crites reopened the public hearing for additional testimony. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MS. SHIRLEY FISHER, resident of Palm Desert Greens, asked how many 20-foot towers there would be and why they were necessary for the project. Mayor Crites responded that the 20-foot towers were on the other side of the project, away from Palm Desert Greens. He said the 24-foot buildings would be between Palm Desert Greens and the 20-foot towers. Ms. Fisher asked whether the towers would be seen from Country Club Drive, and she was advised by various members of the Council that because of the slant of the ground, the towers would not be seen from Country Club Drive. MR. DAVID NUDELMAN, resident of Palm Desert Greens, said his property level was up much higher than the center of Country Club Drive, approximately six to eight feet. He said he felt what this developer was trying to do would provide a beautiful view for residents, and he would support the project. Mayor Crites declared the public hearing closed. Councilman Kelly said he was inclined to go with some kind of decent pitch for the roof, and he felt a roof with some pitch in it was a lot better looking design than with no pitch. With regard to architecture, he felt these were some of the nicest looking buildings he had seen. Councilman Spiegel asked if taking a foot off each floor would create a problem. The developer indicated it could be done, although he did not feel it would make the project better. He said it would be a more compressed space proportionately than if it was a foot higher. With regard to concerns raised by residents regarding views, he noted that the casita units on the south side of the property had been grouped differently on the site plan to allow view corridors. The towers would be entry tower elements at the front of the units to break up the front of each unit to give distinctive character and appearance. Mayor Pro-Tem Ferguson said this was a great looking building, and by forcing it to the standards of the Code, the City will end up with a worse looking building than what it could have. He said with regard to who it might affect, it would not affect Casa Blanca or Silver Sands, and there were mixed comments from residents of Palm Desert Greens. He said he wanted to get the best looking building possible, being mindful of the City's ordinance, and to make sure the residents have as compatible a development as possible next to them. He added that he felt, in looking at this building, that it was a far superior thing to look at than a flattened, distorted, disproportionate building for no other reason than to stick to a 24-foot height ordinance. He noted that the exceptions the Council does have, by law, were created for those rare instances where it does not make sense to stay rigidly within the 24- foot limitation. He said that perhaps granting a couple of extra feet would ultimately give residents and the City something better to look at. 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000� * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * # Councilman Kelly said he felt the City Council was constantly forcing people into building projects with flat roofs, and he felt this was wrong to do so. He said he felt the addition of cupolas and pitched roofs made for a more aesthetically pleasing building. Councilman Spiegel said he saw his job as a Councilman was making Palm Desert as great as it can be. He said he felt this was a great project that would be an asset to the City of Palm Desert. Mayor Crites disagreed that the Council forces people into flat roofs. He said very often developers end up right at the top end of the height requirement because they maximize the saleable part of the building and then want to maximize roof elevations. With regard to resident concerns about the casitas on the south end of the project, with the towers and everything else as proposed, those casitas fall well within what is allowed. He said the City could turn down someone who wants to be above the heights, but unless it is about architecture, a developer cannot be turned down who wants to do something different within the heights. He added that there were no legal justifications to say no to the casitas because it fit the zoning, the setbacks, and the architectural style. The only issue to him was the villas, and he felt the willingness of the developer to lower the project three feet by removing some soil was great. He said he would personally leave the roof at the pitch that is requested, lower the floors by one foot each, and have a one -foot each, and have a one -foot height exception. This would result in a 25-foot building with superior pitch. " "' Mayor Pro-Tem Ferguson moved to, by Minute Motion, approve: 1) Buildings as proposed to ands" recommended by the Architectural Review Commission; 2) reduction of the pad grade by an average of three feet, as proposed by the Applicant. Motion was seconded by Spiegel and carried by a 3-2 vote, with Councilmember Benson and Mayor Crites voting NO. Mayor Pro-Tem Ferguson thanked the members of the Architectural Review Commission. He said the three in attendance at this meeting were the newest ones appointed by the Council. He said in the interview process, there was discussion at great length about having independence of thought and not trying to do what people thought they should do but what they thought as professionals was the best for the City. He added that he felt that was demonstrated at this meeting. XIV. ORAL COMMUNICATIONS None 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. ADJOURNMENT With Council concurrence, Mayor Crites adjourned the meeting at 7:28 p.m. to Closed Session. He reconvened the meeting at 8:25 p.m. to discuss Continued Business Item C. Please see that section of the Minutes for Council discussion and action. Councilman Spiegel moved to adjourn the meeting at 8:27 p.m. to a Joint Study Session of the City Council and Redevelopment Agency at 3:00 p.m. on Thursday, November 9, 2000, for a presentation regarding UC Riverside/Cal State San Bernardino. Motion was seconded by Kelly and carried by unanimous vote. ATTEST: SHEILA R. GILLIGAN, C� CLERK CITY OF PALM DESER ' IFORNIA 35