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HomeMy WebLinkAbout2007-05-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 24, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:01 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilmember Cindy Finerty Councilman Jim Ferguson 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 Amir Hamidzadeh, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs John Garcia, Engineering Manager Jorge Rodriguez, Fire Marshal, Palm Desert Fire/Riverside Co. Fire Dept./CDF John Rios, 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 III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 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) 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 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Negotiating Party: Carlos L. Ortega/City of Palm Desert Upon motion by Ferguson, second by Finerty, and 5-0 vote of the City Council, Mayor Kelly adjourned the meeting to Closed Session of the City Council and Redevelopment Agency at 3:03 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. Mr. Erwin reported that Council approved an agreement with Hempie's, Inc., with a stipulation that Hempie's, Inc., and Mr. Hochanadel will vacate the premises when the lease expires on September 15, 2007. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Mayor Richard S. Kelly 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 VIII. ORAL COMMUNICATIONS - B MS. LESLIE MARIAH ANDREWS, Writer for the Desert Local News based out of Desert Hot Springs, addressed the Council to introduce herself and the publication, which will cover the entire Coachella Valley. She said they can be contacted on-line at infoadesertlocalnews.com. She provided copies of the newspaper to the City Clerk for distribution to each of the Councilmembers. MS. TORREY GANE addressed the City Council to introduce herself as the new Tournament Director for the Samsung World Championship at Bighorn Golf Club. She said she was proud to be in Palm Desert and looked forward to a great tournament, October 8-14, 2007. She said she's met with City Planners to help make this a big community -based event and thanked the City Council for all their support. MS. JANET MCAFEE, Joetta Place, Palm Desert, CA, stated she recently discovered some issues with the Coachella Valley Animal Campus (CVAC) in Thousand Palms. She said the City contracted with the shelter to provide services to stray animals. She felt there was lack of candidness with the public about the statistics concerning euthanasia. Through her own personal experience with the CVAC, she believed there were problems with their practicing procedures and notification of owners of pets that are euthanized. She obtained a report of all the animals that were euthanized and thought the results were quite alarming. She said she would continue to be involved in the matter on an ongoing basis, meeting with other groups and individuals who shared the same concern. She submitted a letter to Council describing her incident and experience with the CVAC. The letter included copies of the County of Riverside Animal Intake and Outcome Reports for the months of January, February, and March. Documents are on file and of record in the City Clerk's office. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF $50,000 CHECK TO PALM DESERT MIDDLE SCHOOL FOR ITS CHARTER DESIGNATION CAMPAIGN. The presentation was postponed to the meeting of June 14, 2007 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 B. APPOINTMENT TO THE MARKETING COMMITTEE. Councilman Spiegel noted that Ms. Maggio was currently the Marketing Director for Bighorn. Councilman Ferguson moved to, by Minute Motion, appoint Theresa Maggio to the Marketing Committee to fill the vacancy created by the resignation of Ric Mandelbaum, with a term expiration of December 31, 2007. Motion was seconded by Finerty and carried by a 5-0 vote. X. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE, CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION XI. CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of May 10, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 225, 230, 233, 237, and 238. Rec: Approve as presented. C. APPLICATION FORALCOHOLIC BEVERAGE LICENSE, by Ralphs Grocery Company, 74-884 Country Club Drive, Palm Desert. Rec: Receive and file. D. YOUTH COMMITTEE MINUTES. for the Meeting of March 6, 2007. Rec: Receive and file. E. REQUEST FOR APPROVAL. of a Joint Use Agreement with Southern California Edison for Utility Relocation Within the Section 29 Assessment District No. 2004-02 (Contract No. C26530). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement for relocation of existing facilities in conjunction with construction of the Section 29 Assessment District No. 2004-02 Improvements. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 F REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C23830A — Landscape Improvements on Fred Waring Drive Median Phase I - Deep Canyon to California Avenue. Rec: By Minute Motion: 1) Authorize transfer of contingency funds in the amount of $8,702 to base contract for the subject project; 2) approve Change Order No. 1 in the amount of $8,702 to the subject contract with Sierra Landscape Co., Inc., Palm Desert, California. G. REQUEST FOR APPROVAL of Funds for Annual Computer Maintenance. Rec: By Minute Motion, approve payment of invoice from Sungard HTE in the amount of $49,019.68 for annual computer software maintenance — funds are available in Account No. 110-4190-415-3360. H. CONSIDERATION of Request from the Joslyn Senior Center for Five Percent Budget Increase Effective with Fiscal Year 2007/08. Rec: By Minute Motion, approve the requested five percent increase to the Joslyn Senior Center operating budget effective immediately for present 2007/08 fiscal year operations. I. REQUEST FOR AUTHORIZATION to Submit the Fiscal Year 2007/08 Used Oil Recycling Grant Application (13th Cycle) to the California Integrated Waste Management Board. Rec: By Minute Motion, authorize staff to submit the subject application to the California Integrated Waste Management Board (CIWMB) and authorize the appropriation and expenditure of funds in the amount of $12,942 from the Recycling Fund, Account No. 236-4195-454-3090. J. REQUEST FOR APPROVAL of Addendum to Contract for Maintenance of the City's Public Art Collection and Sculptures in the El Paseo Exhibition (Contract No. C23570). Rec: By Minute Motion, approve an addendum to the subject contract with Michael Volpone, Cathedral City, California, to perform miscellaneous repairs to the City of Palm Desert's Public Art Collection and El Paseo Exhibition — funds are available in Account No. 240-4650-454-3372. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 K. REQUEST FOR RATIFICATION of "Click It or Ticket" Mini Grant Funding. Rec: By Minute Motion, ratify City Manager's approval of mini grant funding in the amount of $11,353.40 supplied by the California Office of Traffic Safety for implementation of the "Click It or Ticket" Seatbelt Compliance Program. L. 2006 ANNUAL PUBLIC SAFETY REPORTS,. Rec: By Minute Motion, receive and file the 2006 Annual Reports for the Palm Desert Police Department and the Palm Desert Fire Department. Upon a motion by Ferguson, second by Spiegel, the Consent Calendar was approved as presented by a 5-0 vote of the City Council. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1138 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 25.115 TO TITLE 25 OF THE PALM DESERT MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF PALM DESERT. Mr. Erwin noted the report from the Public Safety Commission and requested Council consider the following modifications to the subject Ordinance: 1) Page 1, the last "Whereas" clause be deleted and add: "Whereas under neither the State nor Federal law is the licensing and operation of the Medical Marijuana Dispensary authorized." 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 2) Page 2, in Section 25.115.010(A) Delete the words "or cooperatives"; and in the second line after "medical marijuana," add "as set forth in the Compassionate Use Act"; and after the word "is," add the word "publicly" before "made available." 3) Page 2, in Section 25.115.020. Delete the words "and/or cooperatives." Mr. Erwin noted the subject Ordinance was unanimously recommended by the Public Safety Commission and was brought forward to Council for consideration. Mayor Kelly pointed out this item was not an official public hearing but that Council was providing an opportunity for public testimony on the subject Ordinance. MR. CHRIS CAUHAPE, Dillon Avenue, Indio, CA, stated the University of Michigan conducted a survey of young people every year relating to drug use and found that one out of five, 8th grade students had already used an illegal drug, not including alcohol or tobacco. A similar survey was taken at the dawn of drug prohibition, which found that rather than one in five, it amounted to one in eight thousand. In other words, a child was more likely to abuse the drugs than when there was no drug policy at all. He said drug prohibition amounted to five generations of bad religion. MR. LEE A. SCHARF, Rancho Mirage, CA, requested clarification on the modifications proposed by the City Attorney Dave Erwin regarding whether or not collectives and cooperatives would be allowed or not allowed. Mr. Erwin responded the reason he was requesting the wording "or cooperative" be removed from the subject Ordinance was because it was specifically mentioned as a potential defense. It's mentioned in the Compassionate Use Act, and he was concerned that the City's Ordinance may be preempted by State law if that word was not deleted. MR. SCHARF stated he agreed because California State Law was very clear in Propositions 215 and 420; if Council was following the law, he was sure many would be pleased. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 MR. STACY HOCHANADEL, Manager of the Cannahelp Collective in Palm Desert, CA, stated a ban of this nature would be a disservice to the community. He said there was a large population of elders who used the medicine for their pain, and banning the use of medical marijuana would send many back to pharmaceuticals to deal with the adverse effect of the medications they were previously taking. He said most of his clients did not encounter problems with his establishment and were able to live a more productive life. With regard to the Public Safety Commission's recommendation to prohibit medical marijuana dispensaries, he thought the City probably had more bank and jewelry robberies than he's had incidents. He said he's only had a few incidents in their building and security took care of the problem. Once he communicated with the tenants, it got resolved. He understood that having their building on El Paseo may be an eyesore, but he was willing to move to another location. He believed Council and the City Attorney kept an open line of communication with him and his attorney; he thanked the City Attorney for his efforts. He said it took Council a lot to do what they did every day but felt the Council should stand up and do what was right for the people in this community. He said it was a law -honored State, and since everyone lived here and paid taxes, he felt everyone should abide by its honor and the State Constitution. He said he hoped the Council would not ban medical marijuana dispensaries and work something out to resolve it. MR. JAMES BUTZBACH, San Andreas, Palm Desert, CA, stated he was Chairperson for the Public Safety Commission with the City of Palm Desert. He said the Commission was representative of a cross-section of the populace of the City. Over the past 18 months, along with members of the Palm Desert Police Department and City Attorney, it collectively agreed it was in the best interest of the City to prohibit medical marijuana dispensaries in Palm Desert. He said a number of items were taken into consideration, including the fact that State law was vague and ambiguous about its content and still violated Federal law regarding marijuana, its use, possession, distribution, and sales. The Commission felt it would eventually put the City at tremendous risk if it allowed dispensaries at -large in the City. He said it was the recommendation of the Public Safety Commission to the City Council that the subject prohibition be instituted. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 MR. GENE FORD, Imperial County, stated he served on the Board to the new regional Health Collective in Palm Desert to dispense medicinal marijuana to people that need it. He said efforts had been made to bring the price down to $200 an ounce, to show that no one was making a profit. He said their goal was to get medicinal -quality medicine to patients in a safe and legal manner. He hoped the City Council was not closed minded as to compare marijuana against heroin and cocaine. He said the marijuana myth had been built on lies from the '30s. He went on to say Council should hear the voice of the people and what they voted for, because it had been law for ten years, yet he believed people were still being treated as criminals and thought that was against the law. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1138 to second reading, as amended. Councilmember Finerty expressed her appreciation to the Public Safety Commission and noted they spent 18 months taking a serious look at the issue. She said it was because of its citizens digging in, researching, and putting in a lot of time and effort to do a great job being the reason why Palm Desert was a fantastic place to live. She believed they did a great job to come up with the right conclusion. Motion was seconded by Finerty. Councilman Ferguson noted that as a Councilmember you give an oath to uphold and defend the laws and Constitution of the State of California. He said the State spoke through SB420, and it was law. It was passed by the Assembly, the Senate, and signed by the Governor. The Initiative 215 was passed by a majority of the people of the State and was the law of California. However, the City Attorney clarified earlier that nowhere in the law did it require dispensaries be allowed. He said Council was not banning marijuana, not changing State law, nor changing the Constitution of the State of California. He noted the last speaker may be surprised to know he would be considered a criminal. The proposed Ordinance was an affirmative defense against liability and would not authorize or legitimize marijuana, it would simply provide a defense in Court for a California Law Enforcement Officer. Being that Mr. Hochanadel was already in operation, he thanked him for his exemplary cooperation with the City through it all. He said the City reached a resolution with Mr. Hochanadel, leaving no dispensary in the City of Palm Desert, which seemed to be the perfect time to address the issue. He said the Compassionate Use of Medical Marijuana Act and SB420 were still alive and well in Palm Desert as written. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 For Adoption: 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. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1137. Motion was seconded by Finerty and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE PURCHASE OF FURNISHINGS FOR CITY COUNCIL OFFICES AND RELATED ACTIONS. Mayor Pro Tem Benson moved to, by Minute Motion: 1) Approve the purchase of furnishings for City Council Offices in the amount of $51,579 from Total Plan Business Interiors, Inc., Riverside, California; 2) provide direction on proceeding with all or some of the proposed categories of furnishings; 3) declare existing furniture being replaced as surplus goods; 4) authorize the appropriation of $51,579 from the City's Unobligated Funds to Account No. 110-4159-415-4040 for this purpose; 5) authorize the Director of Finance to set aside a 10% contingency in the amount of $5,158 from Account No. 110-4159-415-4040 — use of contingency requires additional action. Motion was seconded by Finerty. Councilman Spiegel noted his office was being reviewed and will look different from what was originally submitted, and he agreed to go along with the change. Mayor Kelly replied that everyone understood it would be different. Councilman Ferguson stated he was happy with what he currently had, but if everyone was getting something new, he would be supportive. Councilman Spiegel commented he needed a new computer. Councilman Ferguson agreed. Mayor Kelly agreed with staff's recommendation to have something uniform and admitted the Mayor's office needed to be updated. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 B. REQUEST FOR AWARD OF CONTRACT FOR PARK MAINTENANCE SERVICES (CONTRACT NO. C26380). Mr. Ortega noted the staff report and pointed out that approval of an award of contract would also declare one of the bids non -responsive. Councilman Spiegel moved to, by Minute Motion: 1) Determine that the PWLC II Inc. bid is non -responsive; 2) award the subject contract to Greenscape Landscape, Inc., Desert Hot Springs, California, in the amount of $273,000 and authorize the Mayor to execute same. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF OUTSIDE AGENCY FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2007/08. Councilman Ferguson said he noticed the $7 million request by Eisenhower Medical Center, and he thought it would be taken up as a White Paper during the budget process and not part of the Outside Agency Funding. He said he was prepared to debate it, but he didn't have the back-up materials to support the request. Mr. Ortega noted the recommendation basically stated the Outside Agency Funding Committee supported the request, but the plan was to discuss it at the Budget Meeting. Mr. Gibson explained that approval of this item did not include approval of Eisenhower Medical Center's request. Mayor Kelly said at the Committee meeting, it was decided to take up the request separately, and it was not supposed to have been part of the Summary Chart. Councilman Ferguson agreed. Mayor Pro Tem Benson noted that the Children's Discovery Museum request was also supposed to have been taken up separately at the June Budget Meeting. Responding to question, Ms. Gilligan stated she learned the City of Indian Wells contributed $10,000 to Gerald Ford School and other schools had the opportunity to apply for a $2,500 grant, up to three per year, for a total of $7,500. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 Councilman Spiegel stated the City of Palm Desert was recommending $5,000 to Gerald Ford and $5,000 to all the other elementary schools, but if Indian Wells was giving Gerald Ford Elementary $10,000, that would give them a total of $15,000. He didn't think that would be fair and requested removing Gerald Ford's recommendation for a $5,000 contribution. Mayor Kelly stated the Committee did not recommend funds to the Coachella Valley Historical Society because it wanted to support the City's own society. However, they covered the Palm Desert area and did a lot of good for the whole Coachella Valley. He recommended granting $5,000 to the Coachella Valley Historical Society. Councilman Spiegel moved to, by Minute Motion: 1) Review and approve the recommendation of the Outside Agency Funding Committee for charitable contributions in the amount of $444,500 to the named agencies in the accompanying staff report, with associated restrictions and conditions with the following modifications: a) Cancel the $5,000 contribution to Gerald Ford Elementary; b) Donate $5,000 to Coachella Valley Historical Society; c) Removal of the Eisenhower Medical Center and Children's Discovery Museum from the Summary Report.; 2) authorize the Mayor to execute the respective Outside Agency Funding Agreements with said agencies. Motion was seconded by Ferguson 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) (Continued from the meeting of May 10, 2007). Acting Principal Planner Tony Bagato noted this item was continued from the meeting of May 10. The continuance was granted to allow staff to get the Applicant and City Attorney to discuss the access agreements from the adjacent property owners, as well as possible modifications to the building design. The City Attorney reviewed the access conditions; they have not been recorded but can be. He said staff will be contacting the adjacent 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 neighbors to get those agreements recorded. He spoke to the Applicant Bob Ford to inform him the conditions can be recorded; however, the Applicant wished to pursue his design, keeping the driveway underneath the building. Mr. Bagato displayed both the old and new revised design. The design was changed to appear more symmetrical, and stone features were added to make it more contemporary. He pointed out that it was a difficult site to work with because it was only 60 feet wide by 100 feet long. He said staff recommended approval of the previous design and was now recommending approval of the revised one. Responding to Mayor Pro Tem Benson, Mr. Bagato replied there were no recorded easements, but the conditions exist as part of the agreements with the adjacent properties and can be recorded. Upon further question, he replied staff will pursue getting the easements recorded, because the Fire Marshal would need a secondary access with the proposed design and/or future possible owners; he spoke to adjacent property owners about getting the easements recorded. Further responding to question, he replied the proposed design did not include a bay door entry to the parking lot. Councilman Spiegel commented the building will have access from the neighbors' driveway to the parking. Mr. Bagato replied the proposed design had its own driveway underneath the building, but in the back there will be a connection, at least on one of the sides, for emergency vehicles only. Councilman Ferguson asked if Council did not want the driveway underneath the building, and the Applicant obtained the reciprocal easements, would he have ingress and egress access from the adjoining neighbors' driveway. Mr. Bagato replied that he would. Councilman Spiegel stated at the last meeting, the developer indicated he would go back to take a second look, and if additional expenses were incurred because the matter had dragged on for so long, the City would pick up the cost. He asked the Applicant if he still wanted the garage effect. 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. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 MR. BOB FORD, Applicant, Shady View Drive, Palm Desert, CA, thanked Council for the opportunity to speak and thanked Mr. Dave Prest for his efforts and vision in creating an innovative and unique design. He said it was a difficult lot to design anything on, but felt the architect succeeded in creating something different and special. He stated that although the design did not particularly appeal to Council, he asked that it be considered based on its own merits and for meeting all the requirements put forth by the City. He said the proposed building was less than 2,500 square feet and hoped Council understood the challenges faced when dealing with a small lot. He thought perhaps the renderings made the building appear largerthan it really was. He believed the building would add variety and diversity to the area, much like the McCallum Theatre that was across the street. He used the example of the furniture building on San Pablo and Highway 111, which he thought was probably tough to pass, but it ended up being a unique and different design that the community liked; it was also in an area that needed something like that. He thanked Council for their consideration. Councilman Spiegel noted the plans outlined an office and reception area in the first floor and two stairwells going up. He asked what was in the second level. MR. FORD responded the second level contained individual office space for four people with a capacity for ten. Upon further question regarding accessability to the second floor by elevator, Mr. Ford replied the building did not have an elevator, and it was not required. MR. DAVID PREST, Prest/VuksicArchitects, San Pablo, Palm Desert, stated there was no Building Code or Americans Disabilities Act (ADA) requirement for an elevator. Upon further question, he explained that as long as space and access was provided downstairs, it could use that space rather than going upstairs. Mr. Croy stated the Building Code did have ADA requirements over a certain amount of square footage for a second floor, but due to the size of this building, an elevator was not required. However, it did require two exits, which was the reason for the two staircases. Responding to question, Mr. Bagato replied the case did not go back to the Planning Commission for the revised design. Upon further question, he replied the original vote was 3-2, and original concerns were the height of the tower. Councilmember Finerty pointed out that Commissioner Limont had additional concerns. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 Mr. Bagato acknowledged that Commissioner Limont did have additional concerns with regard to the architecture and design. MR. GEORGE AVANS, stated he was the property owner immediately to the east to the proposed building. He said he had no concerns with the proposed building and hoped Mr. Ford would get approval. His concern was with opening the fences on the sides, other than for an emergency vehicle, because that area with all the small buildings, was a terrible parking problem. He thought if all the buildings were strung together, it would be difficult to control vehicles to their own area, creating conflicts between property owners and tenants. He currently had a special arrangement with the adjoining property owner, and fortunately for him, the building was not fully leased. He said when his dentistry building was being designed, a two-story building was considered, but opted for the single story because of the ADA requirements. He strongly encouraged Council to rethink the business of breaking the common wall. He hoped Mr. Ford would get approval for his building but cautioned him about the common wall because he would be facing terrible parking problems that he may not be anticipating. Mayor Pro Tem Benson asked how many parking spaces were in the proposed building. Mr. Bagato replied there were eight. Upon further question, Mr. Bagato explained Mr. George Avans currently did not have a recorded easement, but the City Attorney could enforce the condition, hopefully without going through Court actions. He confirmed the entry could be opened just for emergencies. MR. GARY LUTES stated he owned the property west of the proposed project. He said it was a difficult property to develop and thought Mr. Ford and his architect came up with a great design, and he supported it. However, he opposed having any type of access opened due to the existing parking problems. He could lose up to five parking spaces, which represented about 15% of his parking. In 2004 he appeared before the City Council because the Council was concerned about him having enough parking. At that time, he agreed he didn't have enough parking, but he had a conditional parking use with one of his tenants. He said it was very difficult for employees to have to park at the Civic Center, which was the closest place to park. He said employees from other buildings were parking in his spaces, and he really didn't want to become a parking lot attendant. He understood the Fire Marshal needed entry access but strongly opposed anything that would subtract from his parking. With no further testimony offered, Mayor Kelly declared the public hearing closed. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 Councilman Ferguson stated he was concerned with consistency, and it seemed to him the City had an applicant on Cabrillo who had a structure overhanging much the same as the proposed design. Council conditioned that project with the ability to install a bay door and to close it during the hours of non -operation and during times when vehicles would not be traveling through it. The applicant did not accept the condition. Subsequently, the building did not get built. He thought the Council was allowing that to happen with this proposal, and he was having trouble reconciling those two recommendations. Mr. Bagato replied the building on Cabrillo was a Jiffy Lube, and it was required to have service bay doors. He said that Applicant decided to move forward with the building and was currently under construction. Councilman Ferguson stated his dilemma was that one had to be covered and this one wasn't. Mayor Pro Tem Benson stated the Jiffy Lube project was for cars in and out on Alessandro. She said it was Buford Crites who wanted those doors opened and closed, which they felt wasn't feasible. In this project, it's an entry way. Mayor Kelly stated the two projects were not similar. Mayor Pro Tem Benson stated she did not object to the entrance underneath the building on that size of lot and was glad the Applicant took the suggestion to bring down the height on one side to match the other. Mayor Pro Tem Benson moved to waive further reading and adopt Resolution No. 07-33, approving Precise Plan 07-03. Councilmember Finerty stated it was regretful the Applicant did not take further direction that Council provided at the last meeting. She was opposed to the architecture and agreed the building was unique, but she would not want that type of uniqueness to be seen by patrons exiting from the McCallum Theatre. She thought it was better to have a more standard -looking building. She said the proposed building would certainly draw attention, but not the kind she wanted to see on Fred Waring Drive; she said she would vote against the project. Councilman Ferguson stated he expressed no shortage of sympathies to the Ford's, but Council wasn't the one that picked a small lot to put a big office. He said the lot had constraints and the Ford's thought they could overcome them, but he personally didn't feel they did and would not be voting in favor. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 Councilman Spiegel stated he felt for the Fords, but if the project was changed to a regular two-story building and did away with the piece that jetted out of the left-hand side, it would give the building additional parking. He thought if the Applicant worked out an agreement with the neighbors, the parking could be doubled. He thought it was such a small space that the building looked like a garage. Mayor Kelly stated he liked the building and thought something different was needed there. He said the parking problem was the City's fault and should have been developed with larger portions, but it was tough to do any other way. He understood all property owners had parking problems, which were easier to control if they didn't share with someone else. On the other hand, when projects are proposed to Council, they are warned about not having enough parking, yet the Applicant believed they would. He hadn't seen a project yet that claimed they had too much parking. He reiterated he liked the building and the way it was set up. Mayor Kelly seconded the motion, and it failed on a 2-3 vote, with Ferguson, Spiegel and Finerty voting NO. Councilman Ferguson asked the Applicant if he preferred to make another attempt at the design or preferred a secondary motion to deny the application. MR. FORD stated he didn't want to change anything about the building nor did he want to build something ordinary. He thanked the Council for their comments. Councilman Ferguson moved to, by Minute Motion deny the application for Case No. PP 07-03, with staff directed to prepare a resolution of denial. Motion was seconded by Finerty and carried by a 3-2 vote with Kelly and Benson voting NO. B. CONSIDERATION OF STREET NAME CHANGE FOR HARRY F. KAVANAUGH COURT TO SUNSHINE COURT (Howard & Beverly Chuchian, Applicants). Councilman Spiegel noted a continuance was requested and wondered if staff had a recommendation. Mr. Ortega stated staff's recommendation was in the staff report and subsequent correspondence was received requesting Council to do something else. In addition, a letter from property owners was received offering a compromise. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 Mayor Pro Tem Benson stated the people requesting a continuance were the ones requesting the name be changed to Sunshine Court. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MS. LORRAINE KAVANAUGH, related she was the widow of Harry F. Kavanaugh and longtime resident of Palm Desert for 15 years. She said she lived on a street where there were three houses backing up to a wall dividing the property in question, and the arrangement of properties was now eight lots, four of which faced the south toward the development wall known as Monterra. A street had been constructed in front of those lots, but it was unnamed. In the fall of 2004, she was contacted by the City's Planning Department and asked if she would agree to having the street named after her late husband because he was a war hero. She, of course, was honored and thrilled. She later received a copy of a tract map with the name on the street Harry F. Kavanaugh Court. She said nothing had happened in three years except for two homes being sold. It was her understanding that Beverly Chuchian is the realtor connected with the transaction, along with two other people who owned part of the other eight lots. On April 26, 2007, she received a letter from Ms. Chuchian requesting the street name to be changed to Sunshine Court but suggested that a compromise would be agreeable. She replied to Ms. Chuchian by letter on the same day the Resolution was heard. She was not aware in time to be able to attend that meeting but glad to learn of the public hearing. She said a copy of her letter to Ms. Chuchian was provided to the Council. She proposed a compromise by shortening the name to Kavanaugh Court. She said her husband was a War veteran, and retaining the street name would not only represent an honor to a veteran but also honor the memory of an earth -altering time. She believed the efforts of World War II converted into the most powerful peace time in the world and the most complete historic change. She described some of Mr. Kavanaugh's accomplishments and noted he had served five D-day invasions/battles, received a purple heart, and returned home as a Captain. She went on to describe the generation of men that served and the sacrifices that were made by many, and she didn't want them to be forgotten. She shared how she and her daughter had just visited Washington D.C., and it was apparent to her that the school system was teaching the history of the country and how conscious the community was about history with the memorials, statues, and legends, that it made her feel proud. She hoped the name Kavanaugh Court could stand for the men and a symbol recognizing that period in history. She concluded by stating that the street names Alamo and Homestead were part of the recognition of our history, but Sunshine Court was not. She said she approved of the desert's weather, but why not honor patriotism. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 MS. LINDA PELEGRINO stated she supported naming the street Kavanaugh Court. She said the Kavanaugh's didn't ask for the street to be named after her late husband, and didn't think Sunshine Court had any particular meaning. She was also concerned that the property owners of the empty lot requested the change without notifying the neighbors or Ms. Kavanaugh, which was the reason they weren't at the previous meeting on this matter. MR. DONALD PELEGRINO stated he opposed the name change but would support Kavanaugh Court. He shared that Mr. Kavanaugh was a longtime resident, member of St. Margaret's Church, and member of the community. He said he was a man who exemplified the qualities of honor, integrity, patriotism, and a nice man who believed in doing the right thing. He said if Council changed the name to Sunshine Court, it would be doing the opposite. If Council retained the name, it would be doing an honor to a longtime resident of the community. MR. DAVID WARE, Skyward Way, Palm Desert, CA, stated he had appeared before the Council on different matters involving his neighborhood but felt this was much more personal than a political or developmental matter. He and his wife moved to Palm Desert five years ago, and the Kavanaugh's were the first people they met and made them feel welcome. He said Mr. Kavanaugh was instrumental in getting him involved in the community and involved with people at St. Margaret's, even though they were not of the same faith. He said the naming of the street after Harry was unsolicited and came as a pleasant surprise to everyone. He pointed out there were already many streets with some type of derivative of the name Sun or Sunshine. He thought a reasonable compromise would be to shorten it to Kavanaugh Court, but to remove his name at this point would only tarnish the memory of the man and also dishonor his memory and their neighborhood. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Ferguson moved to waive further reading and adopt Resolution No. 07-34, approving a street name change for Harry F. Kavanaugh Court to Kavanaugh Court. Motion was seconded by Finerty. Mayor Pro Tem Benson commented that changing the street name to Kavanaugh Court not only honored Harry Kavanaugh but also his wife Lorraine, who was a member of the Regional Access Program and was very instrumental in the community as well. She also thought it would be a disservice to change it any other way than to Kavanaugh Court. Councilman Spiegel agreed, and unfortunately the people who wanted the change were not present. However, he felt there was enough sentiment by 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 Council to make the change whether they were present or not. He shared that he was also a member of St. Margaret's. Councilman Ferguson stated he had the same concern, but the Applicant bought the property with the name Harry F. Kavanaugh Court and Council was simplifying the name, which was what they were requesting. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2007/08 FUNDING RECOMMENDATIONS, ONE-YEAR ACTION PLAN, AND FIVE-YEAR CONSOLIDATION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATIONS. Mr. Ortega noted the staff report and the distribution of Community Development Block Grant (CDBG) funds. He said staff was also requesting approval of the Five-year Consolidated Plan and offered that they were available to answer questions. Mayor Kelly declared the public hearing open and invited anyone who wished to come forward to speak on the matter to do so at this time. With no testimony offered, he declared the public hearing closed. Councilman Spiegel asked why Council was considering a Five-year Plan as it hadn't been done before. Mr. Ortega replied that review of a five-year plan was part of the participation in the Community Development Block Grant (CDBG) Program and had been done before. Basically, the needs are identified and how the distribution of funds are going to meet those needs. Responding to Councilman Spiegel's question, Ms. Riddle responded the Consolidated Plan could be amended, but a process had to be followed. The One-year Action Plan was done every year so that Council could approve programs and projects that identified the needs in the Consolidated Plan. Councilman Ferguson understood that the CDBG Capital Improvement types of projects were restricted to improvements that could be made within the fiscal year for which it was appropriated. Ms. Riddle replied that Capital Improvement Projects can be extended, but public service funds of 15% could not. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 Councilman Ferguson used the example of Olive Crest in prior years when he was Mayor; Council wanted to help them out but couldn't because they had no plans to build. However, being part of a Five-year Plan didn't preclude them from applying the following year. Ms. Riddle agreed. Councilman Ferguson also noticed the recommendation for denial of the $75,000 request from Shelter from the Storm, and the Five-year Plan didn't mean they would be denied for the next five years. Ms. Riddle agreed. Councilman Spiegel pointed out Shelter from the Storm would receive $75,000 from the Outside Agency Fund. Mayor Pro Tem Benson noted that part of the Five-year Plan was that funds were directly received. Councilman Spiegel moved to, by Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2007/08 recommendations as proposed; 2) approve FY 2007/08 One-year Action Plan; 3) approve the Five-year Consolidated Plan; 4) authorize the City Manager to sign One-year Action Plan Certification; 5) authorize staff to submit the Action Plan to the U.S. Department of Housing and Urban Development (HUD). Motion was seconded by Ferguson and carried by a 5-0 vote. D. CONSIDERATION OF PUBLIC TESTIMONY ON THE PROGRESS OF THE PALM DESERT REDEVELOPMENT PROJECT AREAS (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega stated a plan was adopted in 2004, and it required future reports on how the plan was being implemented. He noted the Five-year Implementation Plan that explained what the City was doing to abide with the plan and the status of the projects identified. He offered that staff was available to answer questions. Mayor/Chairman Kelly declared the public hearing open and invited public testimony on this matter. With no testimony offered, he declared the public hearing closed. No action was required or was taken. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 XVIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega announced that former Battalion Chief John Rios returned to work with the City of Palm Desert. Battalion Chief John Rios commented that he had retired from the Department four years ago in October 2003 and decided to return to the force and continue his public service because he enjoyed working in the City of Palm Desert and staff. B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of Joint City Council, Redevelopment Agency, Housing Authority Study Session, Friday, June 1, 2007, 10:00 a.m., Regarding Preliminary Budgets FY 2007/08. Deputy City Clerk Gracie Mendoza called attention to the subject Study Session. 2. Reminder of City Council Study Session Thursday, June 14, 2007, 2:30 p.m. Regarding Palm Desert High School Renovation. Ms. Mendoza called attention to the subject Study Session. 3. Consideration of Request to Schedule Study Session Thursday, June 14, 2007, at 2:00 p.m. to Receive a Presentation Regarding the Country Village Project. With City Council concurrence, staff was directed to schedule the Country Village Project Study Session on Thursday, June 14, 2007, at 2:00 p.m. D. PUBLIC SAFETY o Fire Department None 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Request by Palm Springs POWER Baseball Club, the honor of throwing the first pitch on "City Night" June 9th at 7:00 p.m. (Mayor Kelly) With City Council concurrence, staff was directed to ask Palm Desert High School Principal Pat Walsh to have a member of the Aztec Baseball Team attend on behalf of the City of Palm Desert. o City Council Committee Reports: None o City Council Comments: None XIX. ADJOURNMENT Upon a motion by Spiegel, second by Ferguson, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 5:34 p.m. ATTEST: HELLS D. SS EN; CITY CLER CITY OF PALM DESERT, CALIFORNIA S. KELLY, MAYO 23