HomeMy WebLinkAbout2007-05-10MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MAY 10, 2007
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Kelly convened the meeting at 3:05 p.m.
II. ROLL CALL
Present:
Mayor Pro Tem Jean M. Benson
Councilmember Cindy Finerty
Councilman Jim Ferguson arrived at 3:08 p.m.
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
Lauri Aylaian, Director of Community Development
Patrick Conlon, Director of the Office of Energy Management
Paul S. Gibson, Director of Finance/City Treasurer
Doug Van Gelder, Director of Information Systems
Mark Greenwood, Director of Public Works
David Yrigoyen, Director of Redevelopment & Housing
Frankie Riddle, Director of Special Programs
Travis Witten, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./CDF
Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
MR. DON THOMPSON, resident of Portola Avenue, Palm Desert, addressed the
City Council about four residential properties at the intersection of Portola Avenue
and Fred Waring Drive. He said last week they met with Mayor Kelly about the
matter, which had become unbearable for them with traffic congestion that
sometimes backs up in front of their homes as far as Rutledge, and the corner there
needed to be improved. He asked for the City Council's favorable consideration of
the request for purchase of their properties.
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 43-915 Portola Avenue, Palm Desert, CA
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Dianne Dorrough
Under Negotiation: x Price x Terms of Payment
2) Property: 43-845 Portola Avenue, Palm Desert, CA
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Don and Dorothy Thompson
Under Negotiation: x Price x Terms of Payment
3) Property: 43-895 Portola Avenue, Palm Desert, CA
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Rudy Perez
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) Indian Springs, Ltd., v. City of Palm Desert, et al., Riverside County
Superior Court Case No. INC053903
b) City of Palm Desert v. Hempie's, Inc., Riverside County Superior Court
Case No. INC066628
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 3
Conference with Labor Negotiator pursuant to Government Code
Section 54957.6:
Negotiating Party: Carlos L. Ortega/City of Palm Desert
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 3:10 p.m. He reconvened the
meeting at 4:05 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE
UNITED STATES OF AMERICA - Councilman Jim Ferguson
VII. INVOCATION - Councilman Robert A. Spiegel
VIII. ORAL COMMUNICATIONS - B
MR. EARL GREIF, Rancho Mirage, CA, related he was a Holocaust survivor and
asked the City Council to consider making a contribution to the Tolerance Education
Center he was proposing to build on a parcel of land he'd recently purchased in the
area. He was very involved in educating the public about the effects of hatred and
bigotry and the indescribable atrocities that occurred in Europe during the
Holocaust. His proposal would include offering funded field trips to students
throughout Riverside County to promote greater understanding. He read from a
prepared statement, which was received for the record and is now on file with the
City Clerk's Office.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE KAREN OPPENHEIM FOR HER
SERVICE TO THE CITY OF PALM DESERT AND ITS
ARCHITECTURAL REVIEW COMMISSION.
Ms. Oppenheim was unable to be present at this meeting.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
B. PRESENTATION TO RECOGNIZE RIC MANDELBAUM FOR HIS SERVICE
TO THE CITY OF PALM DESERT AND ITS MARKETING COMMITTEE.
On behalf of the City Council, Mayor Kelly presented Mr. Mandelbaum with
a crystal pendulum clock in appreciation for the time he spent on the City's
Marketing Committee.
C. PRESENTATION TO RECOGNIZE DAVID GARCIA ON HIS BEING
ELECTED TO THE NATIONAL ACADEMY OF TELEVISION ARTS &
SCIENCES (NATAS) PACIFIC SOUTHWEST CHAPTER -
GOLDEN CIRCLE.
On behalf of the City Council, Mayor Kelly recognized Mr. Garcia for his
many accomplishments over the years and presented him with an engraved
brass platter commemorating his most recent honor. Mayor Kelly noted
Mr. Garcia was also a current and active member of the City's Parks &
Recreation Commission.
D. PRESENTATION TO RECOGNIZE SENIOR DETECTIVE JANET RUBIEN
FOR HER MANY YEARS OF DEDICATED SERVICE TO THE RESIDENTS
OF THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Kelly congratulated and presented
Senior Detective Rubien with a unique, blown glass statue, recognizing her
total of 30 years of service with the Riverside County Sheriff's Department
and the Palm Desert Substation.
E. PRESENTATION OF PROCLAMATION RECOGNIZING
TRIO - EL PASEO'S 10T" ANNIVERSARY IN THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Kelly presented framed proclamation
to Leo and Debra Fenn, honoring their store for being in business on
Palm Desert's El Paseo since 1997.
F. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF
MAY 20-26, 2007, AS "NATIONAL PUBLIC WORKS WEEK" IN THE
CITY OF PALM DESERT.
On behalf of the City Council, Mayor Kelly recognized all the Public Works
Department staff members in the audience and presented Public Works
Director Mark Greenwood with the framed proclamation honoring their
important contributions to the City's success.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
G. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/PALM
DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL
SERVICE — APRIL 2007.
On behalf of the City Council, Mayor Kelly and Mr. Ortega honored
Ahmad Karimi, Jay Niemczak, and Missy Wightman for their exemplary
service.
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
AT LEAST 72 HOURS PRIOR TO THE MEETING.
H. CONSIDERATION OF APPOINTMENT TO THE CITY OF PALM DESERT
ARCHITECTURAL REVIEW COMMISSION.
Councilman Ferguson moved to, by Minute Motion, appoint Nancy DeLuna to the
Architectural Review Commission to fill the vacancy created by the resignation of
Karen Oppenheim, with a term expiration of December 31, 2007. Motion was seconded
by Spiegel and carried by a 5-0 vote.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of April 26, 2007.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 211, 215, 216, 220, 221, and 226.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Desert Falls
Country Club, 1111 Desert Falls Parkway, Palm Desert.
Rec: Receive and file.
D. CITY COMMITTEE AND COMMISSION MEETING MINUTES,.
1. Historic Preservation Committee Meeting of March 27, 2007.
2. Parks & Recreation Commission Meetings of March 6, March 20,
April 3, and April 17, 2007.
3. Public Safety Commission Meeting of March 14, 2007.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
E. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal - Miscellaneous Office Furnishings (Joint Consideration with the
Palm Desert Redevelopment Agency).
Rec: By Minute Motion, declare the existing furnishings in the Parkview
Office Complex Conference Rooms 105 and 115, Civic Center
Redevelopment Offices of the Director of Redevelopment & Housing
and the Housing Authority Administrator as surplus property, and
authorize staff to donate the items to the YMCA and other non-profit
organizations within the Coachella Valley.
F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for
Replacement of Carpet at the Desert Willow Golf Resort Clubhouse
(Contract No. C26480).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for
bids for the subject project.
G. REQUEST FOR APPROVAL of Service Contract for Destruction of
Confidential Documents (Contract No. C26490).
Rec: By Minute Motion, approve the subject contract with Shred -It, Corona,
California, and authorize the Mayor to execute same.
H. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) for
Participation in the 2-1-1 Riverside County Program (Contract No. C26500).
Rec: By Minute Motion: 1) Authorize the Mayor to execute the subject MOU
between the Volunteer Center of Riverside County and the City of
Palm Desert as it relates to participation in the 2-1-1 Riverside County
Program; 2) appropriate $5,350.15 from the Unobligated General
Fund to Account No. 110-4159-415-3090 for this purpose.
I. REQUEST FOR AWARD OF BID for the Purchase of Two Replacement
Pick-up Trucks.
Removed for separate consideration under Section VI I, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
J. REQUEST FOR APPROVAL of the Purchase of Planning and Engineering
Software from Sungard HTE.
Rec: By Minute Motion, approve the purchase of Planning and Engineering
software solution from Sungard HTE in the amount of $46,200 and
applicable taxes — funds are available in Account
No. 110-4190-415-2120.
K. CONSIDERATION of Request from Palm Desert Chamber of Commerce for
the 2007 Putt Putt on El Paseo.
Rec: By Minute Motion, approve the request from the Palm Desert
Chamber of Commerce for the use of City streets, three City Courtesy
Carts, and waiver of fees for two Code Compliance Officers and two
Police Officers associated with production of the 2007 Putt Putt on
El Paseo scheduled to be held on Wednesday, July 11.
L. CONSIDERATION of Legislative Review Committee Action —
AB1069 (Cook) — Abandoned Property.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of April 24, 2007, and direct staff to
prepare a letter of support for the Mayor's signature with regard to
AB1069 (Cook).
M. CONSIDERATION of Legislative Review Committee Action —
AB1470 (Huffman) — Solar Energy.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of April 24, 2007, and direct staff to
prepare a letter of support for the Mayor's signature with regard to
AB1470 (Huffman).
N. CONSIDERATION of Legislative Review Committee Action —
SB642 (Negrete-McLeod) — Unemployment Compensation Benefits.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of April 24, 2007, and direct staff to
prepare a letter of support for the Mayor's signature with regard to
SB642 (Negrete-McLeod).
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
O. CONSIDERATION of Legislative Review Committee Action —
SCA5 (McClintock) — Local Government Finance.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of April 24, 2007, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
SCA5 (McClintock).
P. REQUEST FOR APPROVAL of Out -of -State Travel for the 2007 Western
Chapter International Society of Arborists Annual Conference.
Rec: By Minute Motion, approve request for the Landscape Specialist to
attend the subject Conference to be held in Honolulu, Hawaii,
July 28 - August 1, 2007 — funds are available in Account
No. 110-4614-453-3120.
Q. INFORMATIONAL REPORT on the Fred Waring Drive Soundwall Project
Between California Avenue and Washington Street (Project No. 654-01).
Rec: Receive and file.
Mayor Kelly commented that he recognized the stone veneers that fell off the
soundwall were re -glued, but if the rest weren't re -glued, they will eventually
fall off too.
Both Mayor Kelly and Councilman Ferguson asked that Item I be removed
for separate consideration under Section VII, Consent Items Held Over.
Upon motion by Spiegel, second by Ferguson, the remainder of the Consent
Calendar was approved as presented by a 5-0 vote.
Upon a motion by Benson, second by Finerty, and 4-0 vote of the City Council, with
Ferguson ABSENT, Consent Calendar Item R was added to the agenda.
R. CONSIDERATION of Proposed Legislation - AB1634 (Levine) — California
Healthy Pets Act.
Mayor Pro Tem Benson stated Assembly Bill 1634 would be going to the
Senate next week, and the Animal Campus Committee asked the City of
Palm Desert to take a position. It was also requested that individual cities
send a letter in support for the automatic spaying and neutering for animals,
which will help reduce the current euthanasia rate.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
Mayor Pro Tem Benson moved to, by Minute Motion, direct staff to prepare a letter
of support for the Mayor's signature with regard to AB1634 (Levine). Motion was seconded
by Spiegel and carried by a 5-0 vote.
XI. CONSENT ITEMS HELD OVER
I. REQUEST FOR AWARD OF BID, for the Purchase of Two Replacement
Pick-up Trucks.
Mayor Kelly stated there had to be a way to find alternative fuel vehicles, and
as a result of this item, he wrote a letter to the City's representative on the
South Coast Air Quality Management District. He felt since they made a lot
of regulations, he thought they should do something to make sure
opportunities were available to purchase alternative fuel vehicles.
Councilman Ferguson agreed. He said the City of Palm Desert had always
been on the forefront, with examples such as the Energy Conservation
Program and Drought -Tolerant Ordinance, yet year after year, the City
continued to purchase fossil fuel -generated vehicles for its fleet. He's heard
staff say Compressed Natural Gas (CNG) vehicles weren't available and
difficult to fuel, but in good conscience, he couldn't continue to approve fossil
fuel vehicles. He said he would start voting no until something could be
figured out.
Responding to the availability of CNG vehicles, Mayor Kelly responded the
staff report indicated they were not, and he didn't know if that was accurate;
but if the City kept buying fossil fuel -generated ones, the CNG vehicles will
never be available.
Mr. Greenwood stated the issue with non -gasoline vehicles was
maintenance. He said vehicles would need to be serviced in Riverside,
because there was not a local maintenance facility, and it was costly to
shuttle them back and forth. On the other hand, staff budgeted Hybrid SUVs
to replace some pick-up trucks, which was one way that staff was addressing
the fuel issue.
Councilman Ferguson shared he attended the U.S. Conference of Mayor's
last spring in Chicago, and that city took the policy to never buy fossil fuel
vehicles for their fleet. He said if the City of Palm Desert needed to hire
someone knowledgeable about performing maintenance, it would still be
cheaper than the cost of the truck. He didn't want to go as far as forbidding
the purchase of fossil fuel vehicles, but he, Mayor Kelly, and in prior years,
Councilman Crites, requested natural gas vehicles, and it never happened.
He said Council would start voting no, and if the issues were maintenance
or driving to Riverside, staff would need to find a fix for it.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
Responding to question about how often CNG vehicles needed to be
serviced, Mr. Greenwood replied their maintenance history was not good and
guessed they would need to be serviced twice as often as the fossil fuel
vehicles, which was twice a year.
Mayor Kelly disagreed that CNG vehicles required more maintenance
because that was not his experience.
Councilman Spiegel moved to, deny staff's recommendation and direct staff to seek
CNG vehicles. Motion was seconded by Ferguson.
Mayor Kelly commented that if the City needed to wait a year for one to be
developed, then it should.
Mayor Kelly called for the vote, and the motion carried by a 5-0 vote.
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1137 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, DESCRIBING THE
PALM DESERT REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE
REAL PROPERTY BY EMINENT DOMAIN.
Mr. Ortega noted the Agency has no more authority to acquire property by
eminent domain. Nonetheless, the City was required by law to adopt the
subject Ordinance. Upon question, he confirmed it would not be used.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 1137
to second reading. Motion was seconded by Ferguson and carried by 5-0 vote.
For Adoption:
Upon a motion by Spiegel, second by Benson, and 4-0 vote of the City Council, with
Finerty ABSENT, Ordinance No. 1135 was added to the Agenda.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
A. ORDINANCE NO. 1135 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT AMENDING DEVELOPMENT
AGREEMENT 96-1 AS IT RELATES TO A 300-TIMESHARE
DEVELOPMENT, 215 CURRENTLY ENTITLED UNDER THE EXISTING
DEVELOPMENT AGREEMENT Case No. DA 06-03 As It Relates to Case
Nos. PP/CUP 06-17 and TT 35426 (Starwood/WVC Rancho Mirage, Inc.,
Applicants).
Acting Principal Planner Tony Bagato noted that in March the Precise Plan
was approved by Resolution, and the first reading of the Ordinance was also
approved. At the last Council meeting, staff was directed to put up story
poles at the site. He said the story poles were erected and believed Council
had an opportunity to view them. He noted the Applicant was available to
answer questions.
Councilman Spiegel moved to, by Minute Motion waive further reading and adopt
Ordinance No. 1135. Motion was seconded by Ferguson.
Councilman Ferguson said he was the one who requested the story poles,
because he was uncomfortable guessing whether the buildings would be
visible or not. After viewing them, he was convinced the buildings would not
be a visual impediment to anyone. He thanked the Applicant for their
willingness to put the story poles up.
Mayor Kelly called for the vote, and the motion carried by a 3-2 vote, with Benson
and Finerty voting NO.
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM
CONSIDERATION FUNDS FOR "20 EL PASEO" LOCATED AT
73-020 EL PASEO, PALM DESERT (20 El Paseo, LLC, Applicant).
Mr. Ortega stated this was one of those cases where the amount exceeded
what staff could authorize and was being presented to Council for approval.
He said the staff report provided justification for the recommendation and
offered to answer questions.
Project Administrator Bryce Lynn White confirmed this program would cover
all of Palm to Pines East, except the south side of the building where there
were a couple of restaurants, as Councilman Spiegel noted.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
Councilman Spiegel moved to, by Minute Motion, approve $60,000 in Facade
Enhancement Program (FEP) consideration funds for "20 El Paseo" located at
73-020 El Paseo, Palm Desert. Motion was seconded by Ferguson.
Responding to Councilman Ferguson's question, Mr. White replied staff's
limit for approval was $40,000. Upon further question, Mr. White agreed to
propose increasing the amount if that was Council's direction.
The motion carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM
CONSIDERATION FUNDS TO XLNT VETERINARY CARE, INC., FOR
"ELDORADO ANIMAL HOSPITAL" LOCATED AT 74-320 HIGHWAY 111,
PALM DESERT (Nancy Creek, Applicant).
Councilman Ferguson moved to, by Minute Motion, approve $60,000 in Facade
Enhancement Program (FEP) consideration funds to XLNT Veterinary Care, Inc., for
"Eldorado Animal Hospital" located at 74-320 Highway 111, Palm Desert. Motion was
seconded by Finerty and carried by a 5-0 vote.
C. CONSIDERATION OF ARTWORK BY PHILLIP SMITH, III, FOR THE
MONTEREY POINTE PROJECT (Pacific Pointe Partners, Applicant).
Councilman Spiegel moved to, by Minute Motion: 1) Approve "Infinity Column"
designed by Phillip Smith, III, for the Monterey Pointe project located at 34-390 Gateway
Drive, Palm Desert; 2) appropriate $80,000 from Account No. 436-0000-312-2700 for
future reimbursement as part of the Art In Public Places art component fee.
Mayor Pro Tem Benson noted Mr. Phillip Smith was in the audience ready
to provide a presentation of his artwork that the AIPP overwhelmingly
supported.
MR. SMITH presented a maquette of the sculpture for Council to view.
Mr. Twedt went on to describe the art piece, noting it lit up internally and
externally and would be situated between two of the Monterey Pointe
buildings facing Dinah Shore Drive.
Councilman Ferguson seconded the motion, and it carried by a 5-0 vote.
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D. REQUEST FOR APPROVAL OF DESIGNS FOR THE PAINTING OF
THREE TRAFFIC SIGNAL BOXES ON EL PASEO.
Councilman Spiegel moved to, by Minute Motion: 1) Accept and approve the
designs by Maria Hunt and Marcy Gregory for the painting of three traffic signal boxes on
El Paseo; 2) approve the commission of $1,500 for two artworks by Maria Hunt and the
commission of $750 for one artwork by Marcy Gregory — funds are available in Account
No. 436-4650-454-3092. Motion was seconded by Benson and carried by a 3-2 vote, with
Ferguson and Finerty voting NO.
E. REQUEST FOR AWARD OF CONTRACT FOR DEVELOPMENT OF A
NEW CITY OF PALM DESERT E-GOVERNMENT WEBSITE (CONTRACT
NO. C26510).
Mr. VanGelder stated the current website was five years old, and staff was
looking to improve the quality of the site and the ability to manage it.
Currently, the City had to contract with a company for any changes made to
the website. The new website will allow staff to manage and update it. Staff
intends to freshen up the look, make it more appealing, and add newer
technologies to manage it. When the original website was implemented,
staff was just trying to get something going for the next two or three years,
and it was now five years later. He said a couple of Councilmembers were
able to view some of those ideas before staff decided to move forward.
Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract
to Vision Internet in an amount not to exceed $46,405; 2) approve additional funds in the
amount of $20,065 for optional additional components; 3) approve $10,000 for potential
design changes that may arise during the website development; 4) authorize the Mayor to
execute said contract; 5) appropriate said funds from the General Fund. Motion was
seconded by Spiegel and carried by a 5-0 vote.
F. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT FOR
CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON GERALD FORD
DRIVE AND COOK STREET (CONTRACT NO. C26520).
Responding to question, Mr. Erwin replied he had no concerns with the item.
He said it was his understanding the subject funds were not being
reimbursed from the City; funds were collected from other people, and the
City was acting as a conduit.
Responding to Councilman Spiegel's question about whether the project
went out to bid. Mr. Greenwood replied it was not publicly bid. He said the
developer was building a multi -million dollar commercial project on his parcel
where the City's drainage easement went across the developer's property.
Since the City had drainage problems on Gerald Ford Drive and
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
maintenance and reconfiguration work needed to be done on the mid -valley
channel, staff saw this as an opportunity to have all the work done by the
developer. Staff believed it was at a reasonable cost to the City, since the
cost would be shared with the developer.
Responding to question, Mr. Erwin agreed this was allowed without having
to go out to bid.
Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute
the subject agreement with J. W. Design and Construction, Inc., San Luis Obispo,
California, and appropriate $262,810 from Unobligated Fund 420 to the project. Motion
was seconded by Ferguson and carried by a 5-0 vote.
G. REQUEST FOR AUTHORIZATION TO INITIATE PROCEEDINGS TO LEVY
AND COLLECT ANNUAL ASSESSMENTS FOR THE PALM DESERT
CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL
YEAR 2007/08.
Mr. Ortega noted the staff report to initiate the subject process.
Mayor Pro Tem Benson moved to waive further reading and adopt: 1) Resolution
No. 07-31, initiating proceedings for the levy and collection of annual assessments for the
Palm Desert Consolidated Landscape and Lighting District for FY 2007/08; 2) Resolution
No. 07-32, declaring the intent to levy and collect annual assessments for the Palm Desert
Consolidated Landscape and Lighting District, and granting preliminary approval of the
Engineer's Report for FY 2007/08. Motion was seconded by Spiegel and carried by a 5-0
vote.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A PRECISE PLAN TO CONSTRUCT A
2,486 SQUARE -FOOT, TWO-STORY OFFICE PROFESSIONAL BUILDING
WITH A 30-FOOT TOWER — PROPERTY LOCATED AT 73-141 FRED
WARING DRIVE Case No. PP 07-03 (Prest / Vuksic Architects, Bob and
Marilyn Ford, Applicants).
Acting Principal Planner Tony Bagato stated the property was located on the
south side of Fred Waring Drive between two existing office buildings. The
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property is zoned office professional; a two-story building, 2,486 square feet,
with eight parking spaces to the rear of the building were being proposed.
Part of the constraint was that the property is surrounded by two existing
developments. It was designed with a driveway underneath to get to the
parking in the back. The project complied with all development standards of
the zone as well as the provision for a height exception for towers. The top
tower is 30 1/2 feet, and a smaller tower is at 26 feet. The Architectural
Review Commission believed the towers were needed to enhance the
design, and the Applicant incorporated them. The ARC voted in favor of the
design and the subject request.
Responding to the location of the subject project, Mr. Bagato noted the
building was across from the McCallum Theatre, next to the dentist office,
and currently had a green construction fence around it.
Councilman Ferguson asked what was the actual vote of the ARC.
Mr. Bagato replied the ARC voted 6-0. The Planning Commission voted 3-2,
with two Commissioners having concerns with the tower elements. He noted
other projects off Fred Waring were approved with height exceptions.
Councilman Ferguson asked if the Ford's were the same Applicants that filed
an application on Portola pursuant to the City's request for a single -story
office professional that was eventually turned down, and Mr. Bagato
confirmed they were the same Applicants.
Mayor Kelly declared the public hearing open and invited anyone who wished to
come forward to speak on the subject case, to do so at this time.
MR. DAVID PREST, Prest/VuksicArchitects, San Pablo, Palm Desert, stated
he didn't have anything to add, he noted the Applicant was available to
answer questions.
With no further testimony offered, Mayor Kelly declared the public hearing closed.
Mayor Pro Tem Benson stated she didn't know if the Applicant got direction
for it, but the tower element didn't add anything to the building. She thought
if there was a tower on both sides of the building it would be far better
looking.
Councilmember Finerty noted Commissioner Limont's comments about the
difficulties of trying to fit something onto a small lot, make it look nice and still
be functional. She felt the building didn't fit, that it was medieval looking in
nature, and she was opposed to the height exception. She said the City had
standards for a reason and didn't know why buildings couldn't be made to
meet them, especially along Fred Waring Drive.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
Councilman Ferguson concurred and did so reluctantly because he felt the
City had put the Ford's through a lot. He didn't have a problem with the
height, he had a problem with the architecture, he, too, thought it was
medieval looking. He liked the left side of the building, but the canopy on the
right side didn't add anything to it nor did the driveway in the middle. The
only other building he knew of where people drove underneath to park their
car was on the corner of Monterey and Fred Waring Drive, and he never
thought that was an attractive building.
Councilman Spiegel didn't remember seeing one like this in Palm Desert and
thought it was unusual to have this type of building on a small lot with such
an opening. He thought it made more sense to build a two-story and have
the driveway on the side to get to the parking in the rear. He asked the
Applicant if they considered that option.
MR. PREST explained the design of the building was generated by the fact
that it was a small lot, and access to the back of the building was not granted
to them by either neighbor. Upon further question, he said in the initial
discussions with the City, they understood it would be very difficult to obtain
access from either neighbor, so they didn't design it that way. The only other
alternative was to build a one-story building all the way to the back of the site
and have the parking in front. Since there was no common access with the
adjacent properties, it was decided that it was better to have the building in
the front with no parking showing, and entering through the middle was really
their only option.
Councilman Spiegel asked if staff talked to the neighbors to see if there
could be a joint -usage agreement.
Mr. Bagato replied that both those properties had conditions of approval, and
reciprocal access agreements were supposed to have been recorded. He
said the documents couldn't be found in the Public Works records, so staff
was looking to get title reports ordered to see if they were ever filed. He said
after talking to the City Attorney and Assistant City Attorney Bob Hargreaves,
they said the City needed to get those agreements so they can be enforced.
The agreements date back to 1989 with the Cultural Center Building and
1996 with the dentistry building. He said the matter was being addressed
anyway because the Fire Marshal needed access to the rear of the building
because their trucks wouldn't fit underneath as proposed.
Councilman Ferguson said it's been the City's policy to mandate reciprocal
easements for parking at the back of those buildings to reduce the number
of ingress and egress points among major arterials. He knew there were
problems on Monterey and some other projects prior to the policy being in
place, but along Fred Waring Drive there were no offices 10 years ago. He
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
found it difficult to believe there were no reciprocal easements for parking
from the two adjacent properties.
Mr. Bagato stated there were conditions of approval for it, but the recorded
document cannot be found. Staff will need to check with the title recorder to
see if they were recorded. If they were, they can be enforced. He's spoken
with the City Attorney about having the condition implemented after the fact
if they were not recorded.
Responding to Councilmember Finerty, Mr. Bagato replied it was up to the
Planning Department to make sure conditions are implemented before
building permits are released. He noted those agreements were in 1989 and
1996, and he couldn't respond as to what happened because he was not
employed by the City at that time.
Mayor Kelly stated he was the lone ranger because he thought the building
had pizzazz and thought it looked good in that location. He didn't think it was
anything like the one on the corner of Monterey and Fred Waring, because
this building didn't have parking underneath. He would hate to send the
Applicant back to redo the whole thing.
Councilmember Finerty thought it was unfortunate the Applicant went
through all the trouble before the reciprocal easement issues were
addressed.
Upon question by Councilman Spiegel, Mr. Erwin suggested continuing the
matter for two weeks and try to find the documents during that time. And if
the documents are not found, at least meet with the adjacent property
owners to determine why the documents weren't recorded and get them
done now.
Councilman Ferguson stated since the City was responsible for the delay, he
suggested the City work out an arrangement with the Ford's and their
Architect, so they not suffer adverse financial harm. He pointed out the
Planning Department had a personnel turnover, and this matter probably was
just overlooked.
Mayor Kelly stated Council couldn't continue to blame it on turnovers and
that Council was responsible. Councilman Ferguson and Councilmember
Finerty agreed.
Councilman Spiegel moved to, by Minute Motion, continue the public hearing to the
meeting of May 24, 2007, and directed that any additional expenses incurred by the
Applicants as a result of the delay be borne by the City of Palm Desert. Motion was
seconded by Ferguson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
1. Consideration of Request to Schedule a City Council Study Session
on June 14, 2007, at 2:30 p.m. to Receive a Presentation on the
Palm Desert High School Renovation.
Ms. Klassen asked Council about scheduling the subject Study
Session.
Councilman Spiegel noted Council will be very impressed with the
new high school, and it's worth seeing.
With City Council concurrence, staff was directed to schedule the subject Study
Session.
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007
o City Council Committee Reports:
1. Coachella Valley Animal Campus Commission - Mayor
Pro Tem Benson reported that at this morning's meeting, a
member of the public came forward about a dog being
euthanized. As a result, she said the Commission is looking
into the matter and has some suggestions to improve the
procedure so that the appropriate notifications can be made
beforehand.
o City Council Comments:
1. Recognitions for Councilman Spiegel - Mayor Kelly announced
that on the evening of May 15, Councilman Spiegel would be
recognized with Desert Sands Unified School District's Hall of
Fame "Lighthouse Award". Additionally, on Tuesday evening
this week, Councilman Spiegel and Senior Management
Analyst Patricia Scully were each recognized with the "Award
of Excellence" from Ronald Reagan Elementary School.
XIX. ADJOURNMENT
With City Council concurrence, Mayor Kelly add''rned the meeting at 5:07 p.m.
ATTEST:
D. KLASSEN', CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ARD S. KEL _Y, MAYOii
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