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HomeMy WebLinkAbout2007-03-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 8, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:04 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Jim Ferguson Councilmember Cindy Finerty Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen City Clerk Amir Hamidzadeh, Director of Building & Safety Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Jorge Rodriguez, Fire Marshal, Palm Desert Fire/Riverside Co. Fire Dept./CDF Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Mary Justice v. Coachella Valley Association of Governments, et al., Riverside County Superior Court Case No. RIC 464890 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Mr. Erwin stated there was an item of property negotiation to be added to the Closed Session, as circumstances had presented themselves following posting of the agenda that required it now be considered. Upon a motion by Ferguson, second by Spiegel, and 5-0 vote of the City Council, the following item was added to the agenda for Closed Session. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 653-740-001/002/003; 653-370-004/018/028/029/030 Negotiating Parties: Agency: Justin McCarthy/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Carlos L. Ortega/City of Palm Desert; County of Riverside Under Negotiation: x Price x Terms of Payment Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, Mayor Kelly adjourned the meeting to Closed Session at 3:05 p.m. He reconvened the meeting at 4:04 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B Mayor Kelly introduced Mr. Marty Bowman in the audience today. He said Mr. Bowman was one of Palm Desert's original City Managers, whom he credited with setting Palm Desert on the course of success it enjoyed presently. MR. TIM SALVADOR, Palm Desert, CA, asked the City Council to reconsider its action on the aquatic center so that it would include the flowrider feature that he favored. He pointed out that he was in no way affiliated with the product but felt it would be a benefit for the community. He provided copies of a promotional booklet on the flowrider to the City Council, highlighting statistical information and testimonial reports contained therein for its reference in giving this feature more consideration. He felt traditional, municipal, competition swimming pools were money -losing operations; however, a flowrider-enhanced aquatic facility could subsidize the cost of the pool, as well as provide additional aquatic recreational services to the local community. (The booklet was received for the record and is now on file with the City Clerk's Office.) MS. ARDELLA STATZ (sp?), resident of Links Drive, Palm Desert, CA, came forward to say she'd spoken with Mr. Salvador after his letter appeared in the Opinion Section of The Desert Sun, which she thought was quite interesting. Although she didn't have children that would be using the pool, she did have grandchildren who would enjoy it. She felt Palm Desert was a healthy city that needed a pool, hoping that City Council would not reject the idea but research it as Mr. Savador had. She believed the center would be a good investment for the City and encouraged the Council to seriously consider it. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS None X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 22, 2007. Rec: Approve as presented. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 156, 173, 174, 175, 179, 183, and 184. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#575) by Barry Wilk in the Amount of $500,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Casey's Restaurant & Lounge, 42-455 Washington Street, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Library Promotion Committee Meeting of January 17, 2007. 2. Marketing Committee Meeting of January 16, 2007. 3. Public Safety Commission Meeting of December 13, 2006. Rec: Receive and file. F. REQUEST FOR RATIFICATION of the City Manager's Approval of the Use of Cal COPS Grant Funds. Rec: By Minute Motion, ratify the City Manager's approval to expend Cal COPS Grant Funds for purchase of: 1) Weapon Cleaning system ($9,380.13); 2) Big Mac Storage Shed ($498.88); 3) Computers and Software ($11,743.92); 4) Palm Desert Police Department Uniform Patches ($1,131.38) — funds are available in the FY 2006/07 Cal COPS Grant, and no appropriation is needed or requested. G. CONSIDERATION of a Request from The Inn at Deep Canyon for Reimbursement of Penalty and Interest for Underpayment of 2005 Transient Occupancy Tax (T.O.T.). Rec: By Minute Motion, approve reimbursement to The Inn at Deep Canyon for penalty and interest paid in the amount of $654.77 in connection with underpayment of 2005 T.O.T. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 H. REQUEST FOR RATIFICATION, of the City Manager's Authorization of Repair to the City's Bucket Truck and Approval of this OEM (Original Equipment Manufacturer) on the List of Approved Vendors for FY 2006/07. Rec: By Minute Motion, ratify the City Manager's authorization to pay the invoice from Altec Industries, Birmingham, Alabama, for repair to the City's bucket truck in the amount of $1,704.90, and authorize this vendor for the City's Approved OEM List for the remainder of FY 2006/07. I. REQUEST FOR APPROVAL of Change Order No. 2 — Contract No. C25270 — Construction of the Traffic Signal and Street Improvements at Highway 74 and Shadow Mountain Drive. Rec: By Minute Motion: 1) Approve Change Order No. 2 in the amount of $41,461.76 to the subject contract with Granite Construction Company, Indio, California; 2) authorize the transfer of $41,461.76 from contingency to base for the contract; 3) authorize the Mayor to execute Change Order No. 2. Approved 4-0-1. (Ferguson ABSTAINING) J. REQUEST FOR APPROVAL, of a Reimbursement Agreement with the City of Rancho Mirage for Preparation of the Monterey Avenue Widening Project Traffic Study (Contract No. C26310, Project No. 640-07). Rec: By Minute Motion, approve the subject agreement with the City of Rancho Mirage and authorize the Mayor to execute same. K. REQUEST FOR APPROVAL, of the 2007 "Summer of Fun" Concert Schedule and Attendant Performing Arts Contracts. Rec: By Minute Motion: 1) Approve the attached proposed line-up for the 2007 "Summer of Fun" Concert Series; 2) authorize the Mayor to execute the following contracts as presented: a) Contract No. C26320A - Derek Davis (Rockit Scientist) - $2,300; b) Contract No. C26320B - Steve Swartout (The Cody Bryant Show) - $2,000; c) Contract No. C26320C - Steve Madaio (Steve Madaio and Friends) - $7,300; d) Contract No. C26320D - John Stanley King (The John Stanley King Band) - $2,000; 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 e) Contract No. C26320E - Kal David (Kal David and the Real Deal featuring Lauri Bono) - $2,500; f) Contract No. C26320F - Shirley Villegas (Evaro's) - $3,000; g) Contract No. C26320G - Redlands Symphony Orchestra - $18,000. Funds in the amount of $37,100 are available in Account No. 110-4416-414-3061 to produce these activities, and no appropriation is needed or requested. L. REQUEST FOR APPROVAL of a Purchase Order for the 2007 "Summer of Fun" Movies Series. Rec: By Minute Motion, approve a Purchase Order in the amount of $13,307 with Live Oak Multimedia, Indio, California, for movies, professional staff, and audio/visual equipment for the 2007 "Summer of Fun" movies. M. REQUEST FOR APPROVAL, of Out -of -State Travel for the Americans For the Arts Annual Convention: "Risk and Reward: Balancing Acts in Arts and Community." This item was removed for separate consideration. Please see the resulting discussion and action under Section IV - Consent Items Held Over. N. INFORMATIONAL REPORT: City of Palm Desert Branding Plan. This item was removed for separate consideration. Please see the resulting discussion and action under Section IV - Consent Items Held Over. Councilman Ferguson requested Items M and N be discussed separately, and also noted for the record that he would be abstaining from Item 1. Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, with Ferguson ABSTAINING on Item I, the remainder of the Consent Calendar was approved as presented. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 XI. CONSENT ITEMS HELD OVER M. REQUEST FOR APPROVAL of Out -of -State Travel for the Americans For the Arts Annual Convention: "Risk and Reward: Balancing Acts in Arts and Community." Responding to question, Ms. Gilligan replied staff was not aware where the conference would take place at the time the funds were budgeted and believed $2,500 would be sufficient to cover all travel costs. Councilman Ferguson moved to, by Minute Motion, approve the subject request for travel by the Public Art Coordinator and Public Art Technician to attend the 2007 Americans For the Arts Annual Convention in Las Vegas, Nevada, May 31-June 3, 2007, in an amount not to exceed $2,500 — funds are available in Account No. 436-4650-454- 3120. Motion was seconded by Spiegel and carried by a 5-0 vote. N. INFORMATIONAL REPORT: City of Palm Desert Branding Plan. Councilman Ferguson said he recalled funds were designated from last year's budget into the Marketing account to attempt to brand the City of Palm Desert. He asked what other effort, other than signing the contract with Ms. Nancy J. Friedman from New York, was the City doing to brand Palm Desert that went above and beyond what was already being done locally or at the CVA Marketing Manager Kristy Kneiding replied that in addition to the public relations efforts that Council approved in November, staff decided to use the additional branding dollars in advertising to reach the Orange County, Los Angeles, and San Diego areas. It was found that through the Art of Food & Wine advertising, many of the attendees came from those areas. She said part of branding was to extend the reach and frequencies, so that people hear the name Palm Desert, "Palm Desert Rocks," and "Palm Desert Swings" over and over again; the more the messages are heard, the more curious they'll be about visiting Palm Desert. Staff believed it was the largest drive market with the propensity to come to Palm Desert. She said people may know about Palm Springs or know about the desert area, but efforts are being made to get the name Palm Desert in their heads. A media plan was devised that included reaching that market through both print and television, and new ideas and opportunities are being planned for next fiscal year if Council desired to allocate branding dollars again. Councilman Ferguson asked what Ms. Friedman would bring to the equation. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 Ms. Kneiding said public relations was the missing arm of the marketing plan, stating all kinds of money can be spent on advertising but you only get a paid ad, and public relations allowed you to be part of a story. If someone was doing a piece on desert getaways, Palm Desert would be mentioned. Earlier this year, she and Ms. Gilligan went to New York to meet with publishers of Travel & Leisure and Conde' Nast Online. The agency was working to include Palm Desert in a variety of editorial stories, which would complement the advertising efforts. She said statistics showed that when mentioned in an editorial, it held more weight than if an ad was placed. Staff was trying to find that balance this year by adding the public relations piece to the marketing effort. Councilman Finerty asked if the editorials mentioned were available to be viewed. Ms. Kneiding stated the editorials had started to come in but were in an introductory process where the City teamed up with the Marriott, and both had been placed in certain magazines, but the campaign was just gearing up. After staff met with the editors in January, Palm Desert was now on their minds, and throughout the year when their editorial calendars came up, staff would have something appropriate to offer. Currently, staff was working with an AP writer who was writing a story on energy that would include Palm Desert's plan. This week a writer was doing a story on desert landscape and responsible landscaping, and he's been scheduled to meet with Landscape Manager Spencer Knight. She said branding didn't happen quickly and required her constant communication with the PR agency, and staff had to make sure to continue to make those contacts. Upon further question, she agreed to include the clippings she's already received as part of Council's packet. Councilmember Finerty asked if paying $60,000 to Ms. Freedman was the cost for having the City included in all the editorials mentioned. Ms. Kneiding answered that it was. Councilman Ferguson asked for the same information to be provided again during the budget process, if funds for next year were going to be requested. Ms. Kneiding agreed and added that staff was prepared with a plan. Councilman Ferguson moved to receive and file the report. Motion was seconded by Finerty and carried by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1132 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND PALM DESERT FUNDING COMPANY, L.P., A DELAWARE LIMITED PARTNERSHIP Case No. DA 06-02 Related To C/Z 06-04 (Palm Desert Funding Company, L.P., Applicant). Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1132. Motion was seconded by Ferguson and carried by a 5-0 vote. B. ORDINANCE NO. 1133 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 14.01 OF TITLE 14 OF THE PALM DESERT MUNICIPAL CODE BY ADDING NEW SECTIONS 14.01.082 AND 14.01.084 RELATING TO A SUPPORT FEE FOR LOCAL CABLE USAGE AND SPECIAL PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1133. Motion was seconded by Finerty and carried by a 5-0 vote. C. ORDINANCE NO. 1134 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 2 OF THE PALM DESERT MUNICIPAL CODE, ADDING CHAPTER 2.72 RELATIVE TO APPEAL PROCEDURES TO THE CITY COUNCIL. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1134. Motion was seconded by Finerty and carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 XIV. NEW BUSINESS A. CONSIDERATION OF THE AUTHORIZATION TO ISSUE LIMITED OBLIGATION IMPROVEMENT BONDS, SERIES 2007, IN CONNECTION WITH THE CITY OF PALM DESERT SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) AND APPROVAL OF RELATED DOCUMENTS AND AGREEMENTS. Councilman Ferguson moved to: 1) Waive further reading and adopt Resolution No. 07-12, authorizing the issuance and sale of the City's Limited Obligation Improvement Bonds, Series 2007, in a principal amount not to exceed $40,000,000 in connection with the City of Palm Desert Section 29 Assessment District (No. 2004-02) and approving certain documents and taking certain other actions in connection therewith; 2) by Minute Motion, approve payment to Capital Realty Associates for $40,000 for the related appraisal and absorption study. Motion was seconded by Finerty and carried by a 5-0 vote. B. CONSIDERATION OF THE AUTHORIZATION TO ISSUE SPECIAL TAX BONDS, SERIES 2007, OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT (CFD) NO. 2005-1 (UNIVERSITY PARK) AND APPROVAL OF RELATED DOCUMENTS. Councilman Ferguson moved to: 1) Waive further reading and adopt Resolution No. 07-13, authorizing the issuance of the City's Special Tax Bonds, Series 2007, in a principal amount not to exceed $20,000,000 and approving certain documents and taking certain other actions in connection therewith; 2) by Minute Motion, approve payment to Capital Realty Associates for $35,000 for the related appraisal and absorption study. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF CONTRACT FOR PAYMENT TO RELOCATE TRANSMISSION POLES AND ATTACHMENTS ON GERALD FORD DRIVE (SECTION 29 ASSESSMENT DISTRICT). Councilman Ferguson moved to, by Minute Motion, authorize: 1) Appropriation for the relocation of transmission poles and attachments in the amount of $397,197.97; 2) staff to enter into the necessary contract with Southern California Edison for the relocation of transmission poles and attachments; 3) staff to transfer funds from the General Fund to the Improvement Fund for this purpose. Motion was seconded by Benson and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 D. REQUEST FOR AWARD OF CONTRACT FOR PAINTING OF THE EXTERIOR OF THE PALM DESERT CIVIC CENTER (CONTRACT NO. C26200). Responding to question, Mr. Croy replied the color of the building would be the same as the exterior of the North Wing on the Redevelopment Services side. He said the original construction had faded and was difficult to match, but it would be similar to the current color. Councilman Spiegel noted the lowest bid received was $38,000, and the highest bid was almost $100,000. He wondered what the high bid offered that the low bid didn't Mr. Croy said staff originally budgeted $50,000 for the work and received fourteen bids, the highest number of bids received on any construction in the last five years. He said the market obviously had changed, with most of the bids under what staff estimated but found no reason to disallow the low bid after verifying all the requirements. Councilman Spiegel moved to, by Minute Motion, authorize: 1) The City Manager to award the subject contract to Best Quality Painting, Indian Wells, California, in the amount of $28,000 for the supplies and labor necessary to paint the exterior of the Palm Desert Civic Center; 2) the Director of Finance to set aside up to $10,000 for Special Services to be used for the known/unknown repairs in the building's surface — funds are available in Fund 400. Motion was seconded by Ferguson and carried by a 5-0 vote. E. REQUEST FOR AWARD OF CONTRACT FOR THE CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C26210, PROJECT NO. 932-07) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilman/Member Spiegel noted the low bid from Tree Element Inc., Yorba Linda, California, was $229,710, and the second lowest bid from Tree Rite, who was local, was $229,780, a $70 difference. He said the City could pay more than $70 because it was a Charter City and asked Landscape Manager Spencer Knight if he preferred to go with Tree Rite. Mr. Knight replied that Tree Rite had performed this contract on previous occasions and provided good work, and on that basis he answered yes. Mr. Erwin said it was not sufficient reason to do so. Councilman/Member Ferguson clarified that as a Charter City, the City of Palm Desert adopted the California Government Code for issuing contracts. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 He went on to say this issue was recently discussed when the City did the design build for the Desert Willow Clubhouse, and the thought was for every preference the City gave to local bidders, other cities would do the same; even the contractors were against it. Mayor/Chairman Kelly pointed out there were also many headquarters of firms located in Palm Desert. Councilman/Member Spiegel moved to, by Minute Motion: 1) Award the subject contract to Tree Elements, Inc., Yorba Linda, California, in the amount of $229,710; 2) authorize the Director of Finance to set aside an additional 10% contingency in the amount of $22,971; 3) authorize the Director of Finance to appropriate $51,681 of the total contract amount to the respective Housing Authority Landscape Maintenance Budget line items plus set aside $5,168 of the total contingency to the respective Housing Authority Landscape Maintenance Budget; 4) authorize the Mayor to execute said contract —funds are available in various General Fund accounts, Assessment District Fund 200 Accounts, and as appropriated to the Housing Authority 2006/07 facility budgets. Motion was seconded by Ferguson and carried by a 5-0 vote. F. INFORMATIONAL REPORT REGARDING THE 2007/08 PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY (CVA) MARKETING PLAN. Councilman Spiegel stated the plan was enthusiastically received by the members that attended the annual luncheon a couple of weeks ago. He said Palm Springs Desert Resort Convention Bureau President and CEO Jeff Beckelman also received a strong vote of appreciation and approval. Councilman Spiegel moved to, by Minute Motion, receive and file the subject informational report. Motion was seconded by Ferguson. Ms. Gillian added that over the years staff had tried to impress upon the CVA the importance of providing a marketing plan, a media plan, where funds are spent, and the return on investment. She said Ms. Kneiding played a huge role in attending those Marketing Committee meetings, and staff was pleased they came forward with a program that went for approval with the Board, the Marketing Committee, and proud that it was brought forward to the Council. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE DESIGN AND CONSTRUCTION OF MEDIAN MODIFICATION ON FRANK SINATRA DRIVE BETWEEN PALM DESERT GREENS COUNTRY CLUB AND MARRIOTT'S SHADOW RIDGE (Continued from the meetings of January 25 and February 22, 2007). Transportation Engineer Mark Diercks noted the letter received from Palm Desert Greens Association, explaining their reasons for not wanting the improvements. Staff recommended leaving the median as is. Councilman Spiegel thought it was interesting the Board voted to leave it as is; however, the vote was 4-3. Responding to question, Mr. Diercks replied the current situation at that location was not a safety issue, but the improvements would make it a safer intersection. Further responding, he said there were not many reported accidents at that location. Mayor Pro Tem Benson asked what the potential cost would be for the improvements. Mr. Diercks replied that with City staff performing the job, it would cost $10,000, which was mostly material cost. Mayor Pro Tem Benson felt traffic would only get worse in years to come and suggested going ahead with the improvements rather than waiting for an accident to happen. Councilmember Finerty agreed, stating it would later probably cost $20,000. She believed it was the prudent thing to do. Responding to Councilman Ferguson's question as to how this situation first got started, Mayor Kelly replied he was originally approached by a group of seven people requesting a traffic signal, which he knew was out of the question. He discussed the proposed modifications with the group, and only one was not totally convinced. He pointed out that as far as traffic was concerned, improvements in several other locations throughout the City were done for safety reasons without input from the community. Mayor Pro Tem Benson pointed out the Palm Desert Greens Association letter acknowledged that the City had the right to proceed with the improvement and that they would understand. On that basis, she would move to proceed with the median modifications. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 Mayor Kelley added that in view of the safety and liability that went along with taking care of the streets and roads, he agreed that the improvements were needed. He said staff could write a letter to their Board explaining the previous problems and reasons for Council's decision. He added that it was the right time to do this, considering a traffic signal would never qualify at that location. Mayor Pro Tem Benson moved to, by Minute Motion, directed staff to: 1) Proceed with the design and construction of the proposed median modification on Frank Sinatra Drive to restrict left turns from North Fork Drive (Palm Desert Greens Country Club) and Rose Ridge Drive (Marriott's Shadow Ridge); 2) prepare and transmit a letter to the Palm Desert Greens Association to convey the City's concern for safety and liability that led to the decision. Motion was seconded by Finerty and carried by a 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL DESIGN SERVICES FOR PARKING LOT IMPROVEMENTS AT THE PRESIDENTS' PLAZA I (EAST/WEST) BUSINESS IMPROVEMENT DISTRICT (CONTRACT NO. C26260) (Continued from the meeting of February 22, 2007). Councilman Ferguson moved to, by Minute Motion, continue this item to the meeting of April 12, 2007. Motion was seconded by Spiegel. Responding to question, Mr. Ortega replied that staff originally proposed improvements at the subject location, and Council suggested that staff consider adding a single -story parking facility. Staff reviewed an extensive report that was done by Planning when Casuelas Cafe was done, and that report indicated although the parking lot showed it was full, it actually wasn't. However, the report mentions that if improvements are considered at a later time where uses may be changed or older buildings need to be torn down to make better use of the land, then additional parking would be needed. Staff plans to bring that analysis to Council along with trade-off information that was made when The Gardens was being constructed. Essentially, staff wants to provide the information that would show that by building a single - story parking facility, it would allow better land uses in the area. He said progress had been made on this matter. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 — CONTRACT NO. C22310A — DESIGN SERVICES ASSOCIATED WITH THE MONTEREY AVENUE/INTERSTATE 10 INTERCHANGE PROJECT. Councilman Spiegel moved to, by Minute Motion, approve of and authorize the Mayor to execute Amendment No. 2 in the amount of $67,948 to the subject contract with RBF Consulting, Inc., Ontario, California, for landscaping and aesthetic design services for the Monterey Avenue Interchange Ramp Improvement Project on Interstate 10 —funds are available in the Project Account, No. 213-4389-433-4001. Motion was seconded by Ferguson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF FRED WARING DRIVE SOUNDWALL COMMUNITY. Following is a verbatim transcript for the discussion Business Item B. Key CF Cindy Finerty, Councilmember RSK Richard S. Kelly, Mayor JF Jim Ferguson, Councilman RAS Robert A. Spiegel, Councilman TA Tom Antonowitsch, resident of Desert Breezes NM Nicholas Maras, resident of Desert Breezes BC Bo Chen, Senior Engineer JMB Jean M. Benson, Mayor Pro Tem MG Mark Greenwood, Director of Public Works DJE David J. Erwin, City Attorney RDK Rachelle D. Klassen, City Clerk CF RSK JF RAS RSK CONSTRUCTION OF THE AT THE DESERT BREEZES and testimony offered for Old Mr. Mayor, I need to abstain from this as I live at Desert Breezes. (Councilmember Finerty left the Council Chamber.) You...would like a staff report or what's, what... I read, I read everything. I read everything I read everything. Yeah. What's the Council's pleasure? 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 RAS I...recommend that we go with, move that we go with a staff's recommendation to Option No. Two, I believe, which is a compromise. We have some people who want to speak on this, I think. RSK Oh. Okay you can go ahead and make the motion, and I'll let them speak before we vote. RAS Okay, that will be my motion. JF Okay, I guess my preference was Option Four. I don't know if we're getting our options... RSK Oh, we better wait and see what the people have to say then. RAS Yeah, we better hurry up. RSK Okay. We have two folks that would like to speak to this item. Tom Antonowitsch. TA Hi Honorable Mayor and sta—, Council, I'm sorry. My name is Tom Antonowitsch, I live out at Desert Breezes on 77707 Calle Las Breezes South. So my house backs up against this wall. The reason I'm here is to ask you to approve Option No. Three. Now the reason that I'm asking that ... aesthetically from the outside of Desert Breezes... I believe that is a better scenario, the way the wall steps down. It will look better once it's fully landscaped, and... it will please more of the people that want a lower wall. We can't please everybody, and we understand that but... I'm looking at it from outside of Desert Breezes as well as... I, I do bring the master resident representative, and I represent 371 units there. And my obligation is to them but also what we look out—, look like from across the street, and I believe that's, this is the best option for the City as well as Desert Breezes. And I would like to have staff comment on why they picked...they've chosen, I think, Two. RSK But could we have them speak after we take the rest of the testimony? TA Okay. RSK Nicholas Maras. NM Yes, I'm Nicholas Maras, and I live at Desert Breezes, 77717 Calle Las Breezes. I also back Fred Waring...I have a photo here, today the wall went up to 6'8", which is the first line...it has eliminated some of my view, but as you can see with the line, the second line, it went up to ten feet, which eliminates the view completely. The reason I bought my house, knowing that there was some traffic noises, that I fell in love with the view. The lots are too short from the back of the structure to the wall that if someone put ten feet, it is just such...besides the view, you feel claustrophobic (unclear) 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 RSK Would you give me your address again, so I can look... NM Pardon me? RSK Would you give me your ad —would you give me your address again, so I can look at it here? NM 77717 Calle Las Breezes. RSK Okay, 77717. RAS Right next to 77707. RSK I got it, I got it. NM I'm right next toTom, and I'm the third from the end. RSK Well yours is one that is proposed to stay to be lower then? NM Yes. As a matter of fact, I got a letter from the City when they first introduced this, they were kicking around eight feet... RSK Yours would work with Option One, or Option Two, or Option Three? NM I don't know about which option because I'm not...(unclear) RSK You would be, you would stay low on all three; One, Two, and Three? NM Yeah, 6'8" is as high as I'd like it to be, but this... RSK Okay, gottcha! NM Can I leave this photo with someone, or... JF City Clerk. RSK Anyone else like to speak to this item? I saw somebody start up. We're you gonna' speak to this item? BC I'm a staff member. RAS He's our staff member. RSK Oh, he's our staff? Oh, okay. I, I follow you. I guess there is question to staff. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 RAS Yeah, I have a question to staff. The gentleman that last spoke said that this wall is six feet right now? BC 6'8". RAS 6'8". How high is it in your recommendation? BC That's 6'8" from their standpoint from the...their backyard. RAS Option Two, his would be at 6'8"? BC Yeah. RSK Actually, One, Two, and Three would be 6'8" for his house. BC Correct. RSK Okay. BC The reason why we...well I think originally we were contemplating back and forth between, you know, Option Two, Three, and, and even though Option Three appears to be...a better option...aesthetically and because it will accommodate more residents, except the one who's in the middle...but then we think the one in the middle, who's entitled to a full -height protection from the noise, and we know that the noise could create, you know, interference with your sleeping, you know, work, and even recreation. Even in some cases, like extreme cases, it could cause physical and psychologic, psychological damage. Whereas, you know, in Option Two, and who, people who wants the view, and there is no known case, in my knowledge, that would cause the same aforementioned effects for people who live without (unclear) RSK Now the question is...by the noise measurements...and us doing...improvements on Fred Waring, we, by law, we need to build a soundwall? BC Correct. RSK Now my question is...if one of the location here where, where we're required to build a soundwall, and we don't build a soundwall at that particular resident, what...what liability does that expose us to...and, and with that question is, as an example, on...Option Two, is there anybody left with that condition? BC Actually yes, three... in Option Two... they all have to sign...you know, wall height reduction. RSK What about that one person that doesn't want... 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 BC That one, we would have to force him to sign it. RSK So in other words, in Option Two, all those people with a lower wall... BC Uh huh. RSK ...would have to sign a release? BC Correct. RSK So if we approve Option Two, and that person didn't want to sign that release, we could not do that? BC Correct. RSK We could not build that one? BC Correct. RSK Huh? TA But everybody in Option No. Two, everybody that would have a lower wall has already signed that release. RSK He just told me there's one that didn't. TA There's one, that's on the other side, that's why Option Three doesn't.. it's a little bit confusing. BC No, Option Three you would have to make the, the middle house who doesn't want full -height reduction... make him sign agreement. TA And he hasn't done that? BC Yeah, because he doesn't want reduction. TA It's, it's one guy that's really holding up Option No. Three. If you choose Option No. Two, that actually satisfies all the rest of the people; they already signed those affidavits. RAS What is the address of the person that hasn't signed? BC That's...77691. RAS 77691. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 BC Yes. RSK That's the one that doesn't show. BC The bottom. It shows at the bottom with the arrow. RAS It's at the bottom? RSK I couldn't find 6. Oh there it is, right there. RAS 77691...that's not high enough for a soundwall? BC Correct. Well no, he wants full height. RAS And full height would be one foot higher? JF Ten feet. BC Ten feet, yeah, from the... surface street. RAS And it's how high now...on the plans? BC How...it would be measured from the surface street from Fred Waring, it's ten foot. From the back yard would be, approximately, 'cuz you know each backyard's elevations' changing. RAS l went out there and saw it, yes. BC Yeah. So from his side, it would be around ...8, around 8 feet tall. RAS But do you measure from the outside or the inside of his wall? BC From the inside. From the outside it's 10 feet, and the inside of his backyard, it's around 8 feet. JF Okay. What is the height of the soundwall going all the way down to California on Fred Waring? BC They...they vary from...8 foot to 9 feet JF As measured from the outside or inside? BC Correct, outside. Because if the noise measurement is higher than your height, your wall height would have to be higher too, to reduce the sound. JF I don't have any further questions. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 RAS And... I assume that 77691 is not gonna' sign? BC Yeah. Yes, I made it very clear. RAS Is that correct? TA One man...in scenario number, or Option No. Three... RSK Wait, I can't hear you if you're not talking into the microphone. TA I'm sorry. In Option No. Three...there is gonna' be one person, if you choose it, there will be one person that would be unhappy. If you choose Option No. Two...actually I have...three people that will be unhappy; these three here will have the high wall that want a lower wall. So...either way I lose, but I only have one person mad if you choose... RSK It's not a matter of one person being mad, they can sue us, and they are going to be right. TA Well he... RSK We have, we have a mor—, we have an ob—, by law we have to do. TA Is Mark Greenwood here? Mark could, could you clarify that...because...evidently to satisfy the sound study...well he can do it better than I can. MG Good afternoon. Uh... the noise study recommends...essentially a ten -foot wall from, as measured from Fred Waring that results in about an eight -foot wall as measured from the back yards. After we met with the residents in the field...we felt there was room...I felt there was room for some compromise and that we could fall back and lower the wall slightly, as long as the top of the wall at least reaches the height of the top of the windows and doors, which is 6'8". So the compromise would be, that if we would install the wall up to the last course, that it was at least 6'8". Now, the majority of the residents agreed to that except for the one in the middle. So that's why...what Option One represents is what each individual resident want. If we built it so that each of them was happy, it would be Option One. Option Four is what you previously approved, a straight wall at ten feet. Option Two and Three are hybrids. Option Two is the staff recommended. It is a compromise...where some of the residents get exactly what they want, and some of them get close to what they want. RSK I can't...on Option One, where you have one resident who wants it lower in the middle of others, I can't believe that would suffice...satisfy the law...for his neighbors on each side. But that's to say... MG Did you say Option One? 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 RSK Huh? MG Did you say Option One? RSK Well I don't think were gonna'... there's no way I think were gonna' do Option One... it be a dangerous... MG No, we just, we showed Option One... RSK I understand it would be a dangerous thing to do. MG Right. JF Right. JMB Well Option Three, to me, looks like the best for everybody. JF Are we still questioning staff or are we able to offer comments? RSK Huh? JF Are we still questioning staff or are we able to offer comments? RSK Well... RAS What if... Is there any possible way that we can get the family living at 77691 Calle Las Brisas to sign on anything other than ten feet? TA I've done all I can. He's very unreasonable and...but what... What I wanted to point out, Mark said that if we went to 6-0, 6-8, that satisfies the sound sub -study and that should take away...in other words, he's got a fence that's higher than what he had before, how could he sue, if he doesn't have a ten foot? Where did we come up with the figure of ten feet anyway? It's a hypothetical figure. We don't even have any walls on Fred Waring that are ten feet. So... that's a hypothetical measurement, and I feel that if he gets the 6-0, 6-8, which Mark has said would satisfy the sound study, then what basis could he sue the City for that he's...and we're only talking sixteen inches difference? RAS Is that correct? TA Oh, no, Option No. Three. He's only...we're only cutting him out of sixteen inches. RAS Is that correct Mark? MG Let me clarify my comments, that I'm comfortable compromising down to the top of the wall at being 6'8" for residents who desire that. Even if a resident wanted a wall 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 lower than 6'8", I would not be comfortable with that. I'm only comfortable going to 6'8" for a resident who wants it as low as they can get it. If a resident desired it to be higher, I believe we need to work toward that height, if not get all the way there. RSK Does that answer your question? RAS Not really, but I'll accept it. RSK I think...I know what he said. He said we're in trouble. RAS Yeah, I heard that. RSK You heard that? RAS That I heard. RSK Any other questions that...Jean, do you have any more questions? JMB No, I just think...the guy...that's...he's getting three quarters of what he wants. RSK I guess we're through with the questions. Now if... JF Okay...this is frustrating for me, because I feel like...in a lot of ways, Desert Breezes has really been a beneficiary of Palm Desert's goodwill. We put a traffic signal, which arguably the traffic warrants wouldn't meet. Maybe they do, but it's still a traffic signal that, that somewhere during the process we promised you a sure entry. We came and put an initial sound study that showed the soundwall was merited to your gateway but not east of your gateway. You came back, and you asked us to do a new sound study because it was going to be so noisy that you had to have this soundwall. So we metered for longer periods of time and at higher peaks of traffic and did everything we could to get that sound study to make it say what you wanted it to say, and then that process came back with a ten -foot wall. And so...you, Tom, you know, stand up and say you represent 370 unit owners. What I see, you have, have eight, and you have one who doesn't like what he sees, and that one could sell his home tomorrow— , those seven could sell their homes tomorrow. And so... we got 48,000 cars that go down Fred Waring every single day, and we...l think, originally voted for Option Four (ten feet), because it had the most aesthetic options for what you see going through the City of Palm Desert. Provided...provided you with the greatest amount of sound... RSK I thought the sound study showed that we... by law should... JF Legally required to do. RSK Right. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 JF I know that it doesn't impact the eight people that would like something different, but I think what came out of that discussion the time before was that if you start raising and lowering, you might as well do Option One because you're just gonna' have the most scattered worked, looking wall there is. So...I know your never gonna make everybody happy in a democratic process, but Option Four at least makes 364 out of your 370 residents happy. And it certainly make me, as a Councilman, happy that we have a nice aesthetic, legally complying soundwall for your residents. TA Ten feet all the way. JF That's the ten -foot wall. TA That's a ten -foot wall all the way, and even in the very beginning of planning, we've never comfortable ... RSK You know...we give you a chance to...to testify, and now the Council needs an opportunity to discuss it and make a decision, and it would never happen if we keep taking testimony. So...you've done it, if you have more to say, you need to say it and then, then you're finished. NM I'd like to say that ten feet would eliminate the view 100%, and that's the reason most of us bought houses backing into Fred Waring. Even though there was some noise, I...you know...when I went and bought my house...I knew there was traffic noise,but I loved the view and that's why I bought my house. The lots are too short, and if you...they go ten feet, I lose 100% of my view. If you go and look at that picture, plus it will look like the wall is falling into my house...it's just horrible. RSK I take it, I take it you were not involved when they demanded that we do a new noise study? NM When I first heard that they were putting a wall, they were thinking eight feet from the outside, and I got a letter from Tom because I called the City... RSK My question was...were you involved when Desert Breezes requested another noise study? NM I wasn't involved completely. No. RSK Not involved completely. Were you involved just a little bit? NM I complained when they said eight feet, and I got a very offended City that I should have a lower wall. RSK That wasn't my question, though. Okay. Thank you for your testimony. TA Can I say one more thing, real quick? 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 RSK Okay. One more thing, and then...well you got it...you have to give us a chance to do our job. TA Okay, I will. I just wondered in your comment about satisfying everybody, and we've all signed...the people who want a lower wall have all signed affidavits that state on the deed of the property, in case the property is ever sold, they can't come back and say we want a higher wall. So...l didn't know if you knew that. RSK Thank you. Thank you. Okay, now Council... JM I think Bob had a motion. RSK But... RAS My motion...that was a long time ago. (Laughter) My motion was staff's recommendation, which was Option Two. RSK Did you have anything to say...did you want to say why you support that or anything? RAS Oh, 1 don't know. I don't know if I want to make that motion now. I see a real problem, and I have to look to our Attorney. What would be the consequences if we took Two, and the family at 77691 got upset? What could they do? DE 1 assume they could challenge what we're doing. I have not reviewed the sound study. I don't know whether there might be other alternative in that or not. If the Council would like, I would be happy to do that and have a report for you for the next meeting. RSK I think there is a bit of a problem. I think the wall construction contractor is at eight feet right now. BC Correct. We can't wait any longer. Otherwise, it would cause delay, everybody's tax money. DE I guess we'll just wait and see if he sues us. RSK Jean, did you have any comment? JMB No, I just think...1 still like Option Three, and if we don't do Three and we're gonna' please everybody, we have to do Four. So... JF That's pretty much my sentiment. JMB 1 don't like Two. I think that's kind of botched up. So... 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 RAS I just said Two because it was staff's recommendation. JMB Yeah. RAS I have no qualms about Three. I don't...would not like to see a high wall all the way along for everybody, although, that probably is a...from a view standpoint, the one that would be the most agreeable but I...if that's what you would like, Jean, then I'II make that motion. JMB I'II second that. RSK What was the motion? JMB The motion is to go with Option Three. RSK Uh...and, and...that was her motion, that was your second? RAS Either way. That was my motion, her second. But if...but the... JMB Either way. RAS One way or the other. RSK My comment is that...in the beginning...well Councilman Ferguson laid it out very clearly. The original sound study told us exactly what to do, and it was probably... $300,000 or $400,000 less expensive than what were doing. Just off the top of your head, at least $300,000. It's at least $300,000 more for us to do what we're doing, and we did it because Desert Breezes...was very adamant that they wanted a new sound study, and so it kind of...kind of... tough sitting here and... going along with that new sound study and spending $300,000 more of the taxpayers' money, then coming back and finding out that the....don't want what the sound study says that they should have. That is really frustrating to me. It makes it very difficult for me. I, I think that Desert Breezes put us in a real spot. It's hard to know what to...how to vote. JF Can I also ask the question, wasn't there some regional transportation money? RSK Where do we stand as far as the transportation? CVAG is paying for the wall. Where do we stand as far as CVAG is concerned? MG Yes. There is...CVAG is a participant, 75% of this overall project. We believe that any of these options would still make the wall qualify for the funding. RSK Which Option would qualify? MG Any of them. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 RSK Any of them. Okay. MG There is one thing I would like to clarify between Option Two and Option Three. I wanted you to understand that Option Two is the one that provides the full -height wall for the resident who wants a full -height wall; Option Three compromises. So Option Three, the wall is lower for the resident who wants the full -height wall. RSK But Option Two does give everybody a full -height wall that wanted one. MG Yes. RSK Option Two. JF And Option Four gives them everything they said they wanted when we went back to do the sound study to begin with. MG Absolutely true, yes. JF Okay. RAS You got a motion. RSK Well, we have a motion and a second to approve Option Three. RAS That's correct. RSK And the...the representative here...has asked for Option...Three, is the one you asked for... is that right? The people who spoke from Desert Breezes... you were promoting Option Three? TA I'm happy with either two (Inaudible). RSK Oh, okay. Okay please vote. RDK The motion does not pass on a tie vote with Councilman Ferguson and Mayor Kelly voting no. JF I would then move adoption of alternative Four. RSK 1, my, my...my druthers would be Option Two... which is the original... (laughter) RAS Well since it failed, I move Option Two. Move approval of Option Two. JMB Second. RSK Okay, we have a motion and a second for Option Two. Please vote. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 RDK Motion carries 3-1, with Councilman Ferguson voting no. For purposes of clarification, the action was: Councilman Spiegel moved to, by Minute Motion, approve construction of the Fred Waring Drive Soundwall at the Desert Breezes Community as proposed in Option Two of the accompanying staff report. Motion was seconded by Benson and carried by a 3-1 vote, with Ferguson voting NO, and Finerty ABSENT. XVII. PUBLIC HEARINGS A. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF A PLANNING COMMISSION DECISION APPROVING A PRECISE PLAN OF DESIGN FOR A 2,770 SQUARE -FOOT WORLD SAVINGS/WACHOVIA BANK AT 73-051 HIGHWAY 111 (APN 627-192-043) Case No. PP 06-11 (Studio E Architects, Applicant). Councilman Ferguson noted for the record that his office was across the street from the proposed subject development, and he would abstain from discussion on this item. Councilman Ferguson left the Council Chamber. Associate Planner Tony Bagato stated the property was located on the corner of Highway 74 and Highway 111, formerly known as the Shell gas station. The Applicant was requesting approval for a single story, 21-foot height, 2,770 square -foot bank, with 18 parking spaces. The project complied with all code requirements. The Planning Commission had considered the project five separate times, and the Applicant revised the project each time as recommended by the Commission. On February 20, 2007, the project received a 3-2 vote approval, as proposed with revisions to color. The design is desert contemporary with energy efficiency as the concept behind the design. The west side of the building that's most exposed to the sun will have a clean finish with very minimal glass exposed. Material changes were made, new elements were added, and landscaping was used to decorate that side of the building. The portion of the building with the glass exposure will face the intersection that's open to the prominent corner. He said the two Commissioners that voted against the project felt it was still too boxy. Staff felt the design had come a long way; originally, the building was much taller and boxier. The Planning Commission approved all the revisions and were in favor of the proposed design, believing it was far superior to the original proposal. He offered to answer questions and noted the Applicant had a presentation they wished to make as well. Responding to question, Mr. Bagato agreed that First Bank, which was located across the street, could also be considered boxy looking. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 Councilman Spiegel asked if there was consideration for adding a driveway on Highway 74 to enter into the bank. Mr. Bagato replied it was a condition from Public Works to have it removed. It was thought that the easier access was to have one off Highway 111. Councilman Spiegel felt it would create the same problem the City was having with the Visitor Center, where you can see it but you can't get to it. Mr. Bagato, replied that was true; but on Highway 74, you would only get in by making a right-hand turn; pointing out it was a short corner. Mayor Kelly thought the map indicated there were two entrances. Mr. Bagato clarified it was an existing driveway that would be removed. Mayor Pro Tem Benson asked if there would be access to the building from the back and the front. Councilman Spiegel asked if there was a driveway into the parking lot from behind the building. Mr. Bagato replied there was a rear entrance and that it was the parcel to the south that had a driveway. Councilman Spiegel stated a small monument sign would provide direction into the bank coming down Highway 74. Mr. Bagato agreed. Mayor Pro Tem Benson asked if consideration was given to turning the building around. She said the First Bank across the street faced Highway 111 and the proposed bank was at an angle to Highway 111. Mr. Bagato replied the Architect could touch more on that matter, but the building was at an angle to specifically avoid glass exposure on the west side for energy efficiency. He said you would be able to see part of the storefront from the intersection of Highway 111, but coming down Highway 74 you would see a decorative colored rock wall to help break up the facade as well as using the landscape and the back drop. Mayor Pro Tem Benson noted it would only be three-quarters of it. Councilmember Finerty noted the project had been back and forth many times to the Architectural Review Commission, and the Planning Commission minutes stated it was the fourth time Mr. Sheehan had returned with no real change to the building, never changed the architectural squareness, nor the look from the west elevation where it was so plain. The only thing that gave the building any type of relief was the shade from the 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 tree, if it grew. She asked if there was any willingness by the Applicant to spruce up the west side of the building. MR. JON SHEEHAN, Studio E Architects, San Diego, CA, stated the current design was a radical departure from the earliest design. He said they added two large windows facing Highway 74; a long horizontal window and a tall thin window, with big areas of glass facing Highway 111 on the parking side. They were concerned about heat gain from the low western afternoon sun, so that was a strategy. The former design had metal siding, which was now smooth trellis stucco with accent stones. The present design was recommended for pursuit by former Planning Director Phil Drell; five different alternatives were presented to Mr. Drell, and he selected the one most likely to succeed at the Planning Commission. He said they were instructed to look at the Visitor's Center, a very handsome building. It was his opinion that this design emulated some of the same features of the Visitor Center and was consistent with buildings at The Gardens, like the J. Jill building, the Coach Store, and Ann Taylor. He felt it was also in good company with the new Starbuck's remodel across the street in that those buildings are blocky with stone accents. He felt the proposed building would be a good neighbor, and the renderings illustrated its relative scale in context to the large space at that intersection. Councilmember Finerty stated it was a prominent intersection that deserved much better architecture than what was being presented. She said it was the last project she viewed when she served on the Planning Commission. Her impression of the design was essentially the same today in that the west wall was bland. She wondered why not go back to the drawing board and do something more with the west elevation. MR. SHEEHAN replied that they did and felt it was an enhanced version from the last one presented. He believed it addressed the energy concerns appropriately and that it was an Architect's job to create functional and beautiful buildings, and this building qualified as both. Councilman Spiegel asked how this building compared to the bank across the street with regards to the height. MR. SHEEHAN stated the zoning allowed the height of 30 feet; originally they proposed 25 feet, and it was now 21 feet. Mayor Pro Tem Benson stated some of the initial reports indicated the name was going to be on the building and wondered where that was proposed to be. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 MR. STEVEN MILLER, 1901 Harrison Street, Oakland, CA, stated he was the Project Manager for World Savings Bank. He said the answer to a couple of issues can be explained because they were operational. He said the property was being leased with an agreement to share the parking after hours with the restaurant. Consequently, the parking can't be located on the street side of the building. The building faced the main entry door and needs to face the parking between the bank building and the restaurant to the east. Because of the site configuration and odd shape, they couldn't have windows behind the teller line, and for energy purposes, they really didn't want windows there because of the western sun; those items drove the orientation of the building. He said this process started six months ago, and the first scheme brought to the Architectural Review Committee (ARC) was within all the design controls and ordinances the City had in place. Since then, they've met five times, requested changes were made, and approval was received last week by the ARC. It was also presented to the Planning Commission with staff recommendation for approval. He said the project was over planted with more trees than necessary, and the height was lowered. With regards to the signage on the building, it was well received by the ARC, but comments were made by the Planners that they didn't like the letters on the facing. He noted the World Savings bank had since been acquired by Wachovia Savings Bank, and to not confuse the issue, they will again address the signage when the bank opens and is approved. Responding to question, he clarified that after hours, the restaurant had the right to use some of the parking, which meant the parking had to be located on the east side of the building. Mayor Kelly stated there was not a turnout for the bus and wondered if Public Works looked into creating one at that location. Mr. Greenwood replied they did not; however, there was a bus stop in front of Baker's Square. That turnout was incorporated with the right -turn lane, providing three lanes without the bus stopping traffic. MR. SHEEHAN pointed out that the two sketches displayed on the overhead showed the original proposed design presented to the Planning Commission that was approved by ARC and the current design, which illustrated considerable modifications were made to the scheme. Councilman Spiegel noted the staff report indicated the Applicant was donating money to the Art in Public Places or providing art. Mr. Bagato stated the Applicant was providing an easement of 100 feet where the art piece would be placed, with Applicant paying a fee or paying into the Al PP. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 MR. MILLER stated the issue of dedicating an easement had not been addressed with the property owner. He said they would like to have the art, but it was entirely up to the property owner and not the lessee. Councilman Spiegel asked if they would like to see the art piece on the corner of Highway 74. MR. SHEEHAN stated he had opinions but would defer to the AIPP Committee as the experts in that area. Councilman Spiegel felt an art piece on the corner of Highway 74 would take away some of the boxiness of the building. MR. MILLER stated that if the AIPP decided to put an art piece at that location without an easement, it would simplify everything. Mayor Kelly declared the public hearing open and invited testimony in FAVOR OF or in OPPOSITION TO the case. With no public testimony offered, he declared the public hearing closed. Councilmember Finerty stated she compared the before and after renderings, and it was still a very bland west elevation wall. She said regardless of the change in materials, there was still nothing of the building deserving of a very prominent corner, and because of that, she would vote no. Responding to Mayor Pro Tem Benson's question about the west wall windows, Mr. Sheehan provided a miniature model of the building and pointed out the location of the windows. Mayor Pro Tem Benson suggested either larger windows or an additional window be installed on the west wall. Councilman Spiegel said the building was a tremendous improvement from what was originally proposed. He said in the last three years, there was nothing but sand, and across the street was First Bank and Columbia Savings; this building was of the same type. If a mature piece of sculpture could be dedicated in front of the bank, it would certainly take away any onus of the boxy feeling at the corner of Highway 74 and Highway 111. He felt it was a great addition and looked forward to it being built. Mayor Kelly felt there were good legitimate reasons why the building was set the way it was and had certainly been through the process. At Desert Willow the view and dining room looked out to the north, and that design was not by accident, it was to avoid the afternoon sun. It was extremely important that windows were not exposed to that afternoon sun for energy efficiency. He 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 noted that he was usually opposed to boxy looking buildings, but he had to admit that some of the new building in the same area, because of the way they were designed and painted, looked very good. It seemed to him the problem could be solved. A solid wall could still be there that would fit with the bank's needs, and the front where the windows are would be on the northeast side, making the building aesthetically pleasing without putting windows in. He said it was not practical to have windows from the standpoint of traffic going by and the sun beating in. Mayor Pro Tem Benson stated the long narrow window looked like a shadow box that didn't appear to have much Tight going through. She suggested adding another one next to it to balance the effect and make it a better -looking building. Mayor Kelly agreed that it was more practical to add another window than putting in a larger window. Mayor Pro Tem Benson suggested that the window be raised so that all the shrubbery wouldn't block it, then add the other window for balance; it would break up that whole wall. Responding to question about adding another window to the building, Mr. Sheehan replied he would be happy to bring back a sketch that showed the windows adjusted in the matter that was described this evening. Mayor Kelly stated Mr. Sheehan didn't have to bring back a sketch, only needed to agree to add those two elements. Mayor Pro Tem Benson concurred. Mayor Pro Tem Benson moved to, waive further reading and Adopt Resolution No. 07-14, affirming the action of the Planning Commission as amended to include the following condition for the west side of the building: to raise the window located on the lower left-hand corner and add a second shadow box feature to the north of the existing shadow box in an attempt to break up the west elevation. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 C. CITY CLERK 1. Reminder of City Council Study Session with the City's Legislative Advocate in Sacramento, Anthony Gonsalves, on Thursday, March 22, 2007, at 2:00 p.m. Mrs. Klassen called attention to the Study Session reminder. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: None o City Council Comments: None XIX. ADJOURNMENT Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, Mayor Kelly adjourned the meeting at 5:38 p.m. ATTEST: HELL D. K S I CLERKM CITY OF PALM DESERT, CALIFORNIA HARD S. K`;LLY, MA OR 34