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HomeMy WebLinkAbout2007-11-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 2007 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:00 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 Bo Chen, City Engineer Lauri Aylaian, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing 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 Ignacio Otero, West Desert Div. Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire John Rios, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 627-092-044 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Ken R. Wey Under Negotiation: x Price x Terms of Payment 2) Property: 72375 Upper Way West, Palm Desert (APN 628-130-014) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Janice C. Wood Living Trust, Dated 10-31-96 Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Kelly adjourned the meeting to Closed Session at 3:02 p.m. He reconvened the meeting at 4:00 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 NOVEMBER 8, 2007 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Richard S. Kelly VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B MR. BILL BLUE, Chair of the 2007 Palm Desert Golf Cart Parade, presented a Commendation to the City of Palm Desert, publicly thanking it for support of all of the planning, presentation, and execution of the successful event on Sunday, October 28. DR. ALGIN FYMAT and DR. MAX HARRY WEIL of the Weil Institute of Critical Care Medicine, Rancho Mirage, CA, addressed the City Council about their mission of saving lives through intensive care, education, and research. Dr. Weil noted a major problem for the area was cardiac arrest and resulting sudden deaths. Additionally, with the numerous swimming pools here, there was a disproportionate number of young children drowning. He compared this area's current save rate of 5% to that of Seattle, Washington's, which was 30%. His Institute was trying to change that with a large community effort to teach CPR and first aid to 10% of Coachella Valley citizens —a huge and costly undertaking. The teaching is based on kits purchased from the American Heart Association that cost $30/family, and the Institute needs financial support for this outreach. He said they would soon be coming to the City of Palm Desert to request meaningful support of these programs so that they can be taken to the communities and schools, and he thanked the City Council for the opportunity to make his remarks today. Mayor Kelly recognized the delegation from Palm Desert's Sister City of Ixtapa- Zihuatanejo, Mexico, in attendance at this meeting and visiting to participate in this weekend's Art of Food & Wine Festival. LIC. SILVANO DE AQUINO, Mayor of Zihuatanejo, thanked the City Council for its support of the Sister City Program and said that his community greatly appreciated this relationship with Palm Desert, which they looked forward to continuing for a long time. DR. ALFONSO CANTU, President of the Sister City Committee in Zihuatanejo, introduced the remainder of the visiting delegation. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, NOVEMBER 8, 2007, AS "STATER BROS. MARKETS DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly presented the framed proclamation to Stater Bros. District Manager Jack Houts and #181 North Palm Desert Store Manager Leigh Brown, thanking them for their monetary contribution to the Friends of the Palm Desert Public Library to assist with funding of special programs and services there. Mrs. Klassen recognized City Librarian Jeannie Kays and Desert Library Zone Manager Barbara Bowie, who were also in attendance for this presentation. B. PRESENTATION TO RECOGNIZE CHRISTINA SUN FOR HER CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS YOUTH COMMITTEE. Ms. Sun was unable to be present at this meeting. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 25, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 104, 105, 109, 110, and 111. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by The Cellar On El Paseo, 73-375 El Paseo, Suite F, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by El Rodeo Cafe, 44-820 San Pablo Avenue, Palm Desert. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 E. HISTORIC PRESERVATION COMMITTEE Meeting Minutes for July 31, 2007. Rec: Receive and file. F. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. C22170 — Re -circulation of the Final Environmental Impact Report (EIR) for the "Cornishe at Bighorn" Project. Rec: By Minute Motion, approve a second amendment in the amount of $40,000 to the subject contract with PCR Services, Santa Monica, California, for the re -circulation of the "Cornishe at Bighorn" EIR to be paid by the Applicant and authorize the City Manager to execute the amendment. G. REQUEST FOR APPROVAL of Change Order No. 8 to Contract No. C22870B — Construction of the Portola Avenue Bridge at the Whitewater Channel (Project No. 647-04). Rec: By Minute Motion: 1) Approve Change Order No. 8 in the credit amount of ($30,133) to the subject contract with Granite Construction Company, Indio, California, which will recognize differing site conditions related to pile drilling, revised channel slope paving reinforcement, costs related to the Verizon delay, and deletion of landscaping from the contract, resulting in a credit amount favoring the City and providing for a contract time extension for the subject project; 2) authorize the Mayor to execute said Change Order. H. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C26410 — Landscape Maintenance Area No. 4 (Project No. 904-07). Rec: By Minute Motion, approve Amendment No. 1 in the amount of $2,975 to the subject contract with Sierra Landscape, Inc., Palm Desert, California, to add maintenance of the Monterey Avenue Medians north of Gerald Ford Drive (in front of Lowe's) and authorize the Mayor to execute same — funds are available in Account No. 110-4614-453-3370. I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C26570 — 2007 Citywide Streets Resurfacing Project (Project No. 752-07). Removed for separate consideration under Section VI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 J. REQUEST FOR AUTHORIZATION forthe Public Works Department to Hire Nolte Associates, Inc., for On -call Engineering Plan Check and Map Check Services (Contract No. C27110). Rec: By Minute Motion, authorize the Public Works Department to hire Nolte Associates, Inc., Palm Desert, California, to conduct on -call Plan Check and Map Check Services (supplemental engineering support) up to a maximum of $10,000 for the remainder of 2007, and authorize the Finance Department to issue a purchase order for same — funds are available in Account No. 110-4300-413-3010. K. REQUEST FOR APPROVAL of Tract Map No. 28818-5 (Marriott Ownership Resorts, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 07-73, approving the map of Tract No. 28818-5. L. REQUEST FOR APPROVAL of Agreement with Papillon Graphics for Printing of the 2008 Community Calendar (Contract No. C27120). Rec: By Minute Motion, approve the subject agreement with Papillon Graphics, Palm Desert, California, for printing of the 2008 Community Calendar in the amount of $25,995 — funds are available in Account No. 110-4417-414-3091. M. REQUEST FOR APPROVAL of Agreement with Desert Publications for the "Dine Out Palm Desert" Dining Guide and Promotional Campaign (Contract No. C27130). Rec: By Minute Motion, concur with the Marketing Committee's recommendation to approve an agreement with Desert Publications, Inc., forthe "Dine Out" Dining Guide and promotional campaign in an amount not to exceed $46,000 — funds are available in Account No. 110-4417-414-3221. N. REQUEST FOR APPROVAL of Honorariums for Artists Michael Hayden, Tim Prentice, Peter Erskine, and Dewain Valentine for "Embracing The Desert Light" Project (Contract Nos. C27140A-D). Rec: By Minute Motion, approve honorariums in the amount of $2,000 to each of the named artists for the "Embracing The Desert Light" Project — funds are available in Account No. 436-4650-454-3010. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 O. REQUEST FOR WAIVER OF FEES Associated with The Historical Society of Palm Desert's 8th Annual Ed Mullins Picnic In the Park. Rec: By Minute Motion, waive fees associated with The Historical Society of Palm Desert's 8th Annual Ed Mullins Picnic In the Park scheduled to be held Sunday, March 30, 2008, at Pavilion #1 in the Palm Desert Civic Center Park. P. REQUEST FOR WAIVER OF FEES Associated with The Historical Society of Palm Desert's Annual Founders' Day Celebration. Rec: By Minute Motion, waive fees associated with The Historical Society of Palm Desert's Annual Founders' Day Celebration scheduled to be held on Saturday, May 17, 2008, in the Council Chamber located at the Palm Desert Civic Center. Q. INFORMATIONAL ITEM: Palm Springs International Airport Commission Appointments. Rec: Receive and file. Councilman Spiegel requested that Item I be removed for separate consideration under Section VI, Consent Items Held Over Upon a motion by Ferguson, second by Spiegel, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C26570 — 2007 Citywide Streets Resurfacing Project (Project No. 752-07). Councilman Spiegel stated Granite Construction Company worked with Coachella Valley Water District (CVWD) on this project to install the sewer, and CVWD was asking the City to pay for the slurry seal, which he didn't think was the City's responsibility. He said the City was already out on a limb after CVWD tore down trees that now exposed Palm Desert Mobile Estates' storage area. He felt the City was paying $35,000 to take care of yet another problem they created. Mr. Greenwood responded the City arrived at this compromise by being very stringent when it came to the travel lanes. The City requested CVWD pave the travel lanes on Hovely Lane with rubberized asphalt to get a complete, finished, and even street. The area being slurried in this matter was the bike 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 and parking lane. He agreed the City had compromised in their favor, and it was absorbing some cost. Responding to question, Mr. Greenwood said CVWD was asked to assist with the cost, and this was the compromise reached after lengthy negotiation. Councilman Spiegel asked what Mr. Ortega's and Mr. Croy's opinion were on the matter of having the City pay for the slurry seal. Mr. Ortega responded CVWD was required to replace what they took out, and as stated by Mr. Greenwood, CVWD went beyond their work area to provide a finished product as part of the negotiation. Otherwise, the City could have ended up with a similar situation it had with the street resurfacing in Palm Desert Highlands. Councilman Spiegel stated he was not disputing if the work needed to be done but asking if the City should pay for the work, knowing CVWD was dragging their feet on the Palm Desert Mobile Estates situation. Mr. Ortega replied he was confident this was the best compromise reached after Mr. Greenwood negotiated it. Councilman Spiegel moved to, by Minute Motion, approve Change Order No. 1 in the amount of $35,000 to the subject contract with Granite Construction Company, Indio, California, for asphalt slurry seal of Hovley Lane West —funds are available in Account No. 110-4311-433-3320. Motion was seconded by Ferguson and carried by a 5-0 vote. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO TERRA NOVA PLANNING AND RESEARCH INC. FOR UPDATING THE HOUSING ELEMENT OF THE CITY'S GENERAL PLAN AS REQUIRED BY THE STATE OF CALIFORNIA (CONTRACT NO. C27150). Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract to Terra Nova Planning and Research Inc., Palm Springs, California, in the amount of $51,420 for update of the City's Housing Element as required by the State of California; 2) authorize the Mayor to execute same; 3) appropriate $51,420 from Unobligated General Fund monies to Account No. 110-4470-412-3090 for this purpose. Motion was seconded by Finerty. Councilman Ferguson asked if Housing Funds could be used to pay for the Housing Element Update of the General Plan. Associate Planner Ryan Stendell responded the Planning Department was the responsible party to update the Housing Element. Mr. McCarthy stated this matter was a land use issue and an ongoing administrative effort of the City; it was not the production of Affordable Housing. Councilman Ferguson suggested staff look at having the Housing Element Update paid out of the Housing Fund Account; if allowed, he preferred the $50,000 be paid from it. Responding to question, Mr. Stendell said the Housing Element Update cycle was every five years. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF PROPOSAL BY K2 AUDIO, LLC, FOR AUDIONISUAL CONSULTING SERVICES FOR THE CIVIC CENTER COUNCIL CHAMBER AND ATTENDANT FACILITIES WITHIN THE CITY (CONTRACT NO. C27160). Councilman Ferguson stated he and Councilman Spiegel were on the subcommittee, and he recalled their request was to fix the technical problems in the Council Chamber. This item was a request for an amount not to exceed $25,000 to simply have someone identify the problems, which he felt were apparent. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 Councilman Spiegel and Councilman Ferguson commented they thought it had already been done. Mayor Kelly stated the Council had tried many different systems in the past 25 years, and he's grown to appreciate the current one, which he thought was the best so far. Mr. Van Gelder stated the problem was not necessarily the equipment but could also be the room and speaker arrangement. The consultants being considered did some work for the U.S. Senate and many buildings in Washington, D.C. (rooms more difficult than the Council Chamber), while keeping the integrity of the building and providing the types of sound systems other government agencies have required. He said this group was able to evaluate speaker locations, types of equipment, and provide staff with recommendations to improve the sound, and also provide a good system that was reliable. Responding to questions from Councilmembers, Mr. Van Gelder said services included evaluating the audio and visual components, the ACR Conference Room, but it did not include the Conference Room at CVAG, but he would try to include it. Councilman Ferguson asked if services included having both wings of City Hall wired so that staff could hear the meetings from their office. Mr. Van Gelder responded staff could address that possibility with the consultants as part of the request. Councilman Spiegel moved to, by Minute Motion: 1) Accept and approve the subject proposal by K2 Audio, LLC, Boulder, Colorado, for audio/visual (A/V) consulting for the Civic Center Council Chamber and attendant City facilities in an amount not to exceed $25,000; 2) authorize the Mayor to execute said proposal and the expenditure of funds from Account No. 400-4563-433-4001 as part of the Council Chamber Equipment Upgrade Project — funds are available for this purpose, and no additional appropriation is required. Motion was seconded by Ferguson and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 C. CONSIDERATION OF REQUEST FOR FUNDING OF THE PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY'S (CVA) CO-OP MARKETING CAMPAIGN TO INCREASE AIRLINE SERVICE. Councilman Ferguson moved to, by Minute Motion: 1) Concur with the recommendation of the Marketing Committee and support the CVA Co-op Marketing Campaign in the amount of $50,000; 2) appropriate said funds from the Unobligated General Fund to Account No. 110-4417-414-3221; 3) make a finding that this promotion is of benefit to the City of Palm Desert. Motion was seconded by Spiegel and carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT TO NANCY J. FRIEDMAN PUBLIC RELATIONS IN THE AMOUNT OF $72,000 FOR PUBLIC RELATIONS SERVICES (CONTRACT NO. C27170). Councilman Ferguson stated his observation of this report was similar to the prior item of the Palm Springs Desert Resorts Convention and Visitors Authority (CVA), in that both reports stated the previous years' programs were successful but didn't explain why. He knew Nancy Friedman did some work for the City by reading the staff report and the attachments, but there was no way of knowing what she did and what benefit the City received from the previous contract. Ms. Gilligan responded reports were provided to Council every month as the information was made available; the last two months of reports had just come out of the Marketing Committee and were on hand to be distributed. She stated Nancy Friedman, at a very reasonable cost, had provided exemplary opportunities for exposure of the City of Palm Desert. The City was on national television, the City's Energy Program was in the Associated Press worldwide, and Palm Desert continued to be pitched on a daily basis. If the Marriott was pitched, the City of Palm Desert was also touted, because the City had a piggyback contract with them. Marketing ManagerKristy Kneiding provided copies of advertisements in The New York Times, Sunday's Travel Edition, that stated, "Why We Travel, Palm Desert, California." She said it was a half -page advertisement on The Living Desert. She also mentioned CNN's Open House national television show that featured the City's Energy Program as well as the Associated Press Article that ran nationally, syndicated in major and local newspapers all across the United States. She said The Living Desert was listed as "One of the Ten Great Places to Safari" in U.S.A. Today newspaper. The Los Angeles Times featured the Marriott Desert Springs renovation summer packages as well as their new spa. With the Lorena Ochoa Community Day, the advertising agency assisted in getting some coverage in The New York 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 Times, national television, as well as internationally — it was seen in Mexico. There were also countless hits on various websites that are extremely popular, including About.com and Smarter Traveler as a result of press trips from writers who had been to Palm Desert and claimed Desert Willow Golf Resort was one of the best golf courses they've ever played. She said the City received great coverage, and the packets provided to the Council included four months of clipping reports. Responding to question, Ms. Kneiding confirmed the Marriott Desert Springs was on board again, allowing this opportunity to be affordable to Palm Desert. Councilman Spiegel moved to, by Minute Motion: 1) Concur with the Marketing Committee's recommendation and award the subject contract to Nancy J. Friedman Public Relations, New York, New York, in the amount of $72,000 for Public Relations Services through October 31, 2008; 2) authorize the Mayor to execute the agreement on behalf of the City — funds are available in the FY 2007/08 Marketing Budget in Account No. 110-4417-414-3090. Motion was seconded by Finerty and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. ORDINANCE NO. 1143 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 705 § 1 (PART) AND APPROVING A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE PALM DESERT MUNICIPAL CODE, REPLACING CHAPTER 10.50 - VALET PARKING - TO CHANGE THE PROCEDURES FOR ISSUANCE OF VALET PARKING PERMITS, AND TO REVISE THE PENALTIES FOR FAILURE TO COMPLY WITH REQUIREMENTS OF THE ORDINANCE (City of Palm Desert, Applicant) (Continued from the meeting of October 11, 2007). Councilman Ferguson understood the old Ordinance was modified by taking a lot of the due process provisions out. He asked if store owners would still have the opportunity to have a hearing. Ms. Aylaian confirmed they would. Upon further question about the modifications, she responded originally, the only recourse for noncompliance was to go through a hearing, and the proposed Ordinance added a process by which minor valet infractions could be fined and enforced only by the City's Code Enforcement or Law Enforcement Officers. Responding to question about hearings through the City or the Court, Mr. Erwin replied infractions were heard by the City Manager first, but if violations were serious, citations could be issued and processed through the Court as a misdemeanor. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 Ms. Aylaian stated it went to the City Manager or his/her designee, and beyond that point, it can go to the Planning Commission. Councilman Ferguson asked if the City Manager's decision could be appealed through the Planning Commission. Ms. Aylaian responded it could, and stated the Planning Commission's decision was final. Mayor Pro Tem Benson asked if the persons who had objected to the changes made to the Ordinance were given an opportunity to provide input. Ms. Aylaian responded the matter was presented to the El Paseo Business Improvement District Board (BID), and they voted 5-1 in favor of recommending the City maintain the current policy, which prohibited charging a fee for valet parking. Councilmember Finerty asked if they were in favor of revising the Ordinance. Ms. Aylaian stated the issue referred back to the BID was whether or not the City should continue its existing policy of prohibiting charging a fee for valet parking. Upon further question, she said the BID did not comment on the Ordinance in general. Councilman Ferguson asked if the Council had the right to independently appeal the matter from the Planning Commission if it disagreed with their decision. Mr. Erwin replied it could not under the proposed Ordinance. The Ordinance stated the Planning Commission's decision was final; the City Council could not call it up. He said if Council wished, it could be changed. Councilman Ferguson stated he didn't have a problem with the Ordinance and appreciated staff checking with the BID about the valet parking matter, because it was nice to have validation. However, he was uncomfortable about not providing the business residents an opportunity to be heard by Council. He said if Council was amenable, he would like for the City Council to have final review authority as it did with everything else. Councilman Spiegel moved to waive further reading and Adopt Ordinance No. 1143, as amended to reflect that the City Council will have final review authority. Motion was seconded by Ferguson and carried 5-0. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A NEW, 88-ROOM HOTEL AND RESTAURANT PAD, INCLUDING A HEIGHT EXCEPTION TO ALLOW A MAXIMUM HEIGHT OF 52 FEET AT 75-144 GERALD FORD DRIVE Case Nos. PP 06-18 / CUP 06-15 (Patrick Yang, JWDA Architecture, Applicant) (Continued from the meetings of September 27 and October 11, 2007). Associate Planner Ryan Stendell stated this matter was reviewed for the first time a month ago and ended with direction from Council about the possibility of breaking up the boxy appearance of the building, as well as utilizing a porte cochere in the design. He said the Applicant worked diligently with staff and held meetings with Councilmembers, the Architect, and members of the -Architectural Review Commission. It was felt the porte cochere design and proposed architectural element added to the building to help break up the boxlike effect. The other major difference was the main entry element that was upgraded five feet in thickness. He said addition of the porte cochere resulted in a net loss of two parking spaces but could be accommodated in a reduction of the allowance for the restaurant. He said staff, Applicant, and Architect were present to answer any questions. Mayor Kelly declared the public hearing open and invited anyone who wished to speak on the matter to do so at this time. MR. DANIEL AMAYA, San Diego, CA, representative of JWDA, stated he was available to answer questions. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Spiegel stated this hotel was wrong for El Paseo, Highway 111, and Country Club Drive because of its height. But on Gerald Ford, where the back of the hotel faced the railroad track, it will be a great. He said the porte cochere made a big difference. Councilman Spiegel moved to waive further reading and adopt Resolution No. 07-68, approving a Precise Plan of Design and Conditional Use Permit to allow the construction of an 88-room hotel and restaurant pad, including a height exception to allow a maximum height of 52 feet. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 Mayor Pro Tem Benson stated Council had requested several modifications, and the Applicant upgraded the stone rock in the front of the building similar to what was on the Windermere building on Cook Street and Hovely Lane. She said it was now a good looking building and felt the Architects did a great job with the porte cochere; it took away the boxiness and brought out the center entrance. She agreed with Councilman Spiegel in that she would not approve a four-story building anywhere else, but at this location it was justified. Mayor Pro Tem Benson seconded the motion and it carried by a 3-2 vote, with Ferguson and Finerty voting NO. B. ANNUAL REPORT OF THE CALCULATION OF CALIFORNIA GOVERNMENT CODE SECTION 66006 - DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT AS OF JUNE 30, 2007 (Continued from the meeting of October 25, 2007). Mr. Ortega stated the City was required to provide a report regarding application of the fees it collected. Mayor Kelly added this item was required by law and done periodically. Responding to questions about monies being returned to developers, Mr. Ortega replied if the City didn't spend the funds in accordance with the plan, it may be required to do so. He confirmed extensions were allowed for stop lights, etc., and those areas where the Council was authorizing extensions were listed in the staff report. He said the City may reach a point where fees may need to be given back to developers, but not at this time. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 07-74, making certain findings pursuant to California Government Code Section 66001. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 C. REQUEST FOR APPROVAL OF A VARIANCE TO SECTION 25.28.060 OF THE PALM DESERT MUNICIPAL CODE - MINIMUM STREET FRONTAGE SETBACK - TO ALLOW AN ENCROACHMENT INTO THE REQUIRED 2:1 STREET FRONTAGE SETBACK RATIO AND TO ALLOW A TWO -FOOT, SIX-INCH (2'6") ENCROACHMENT INTO THE MINIMUM FIVE-FOOT (5') STREET FRONTAGE SETBACK; AND A PRECISE PLAN TO CONSTRUCT A 15,499 SQUARE -FOOT, TWO-STORY COMMERCIAL RETAIL RESTAURANT BUILDING, INCLUDING A 36-FOOT TOWER ELEMENT, LOCATED AT 73-399 EL PASEO ON THE SOUTHWEST CORNER OF LUPINE LANE AND EL PASEO Case Nos. VAR 07-01 and PP 07-08 (A & H Management, Applicant). Associate Planner Renee Schrader stated the project was a street -level, 10,238 square -foot project with seven tenant spaces varying in sizes; a 5,261 square -foot restaurant with a balcony, for a total of 15,499 square feet of new building construction. The parking spaces required are 142, and the project provided 143, which included spaces on El Paseo and Lupine Lane. The bottom retail floor has seven tenant spaces, stairs on two sides, an elevator to the second floor, and handicap accessibility at all access ways. The second floor construction of the restaurant has setbacks on all four sides, a 17-foot terrace setback on both sides of the streets. The renderings were displayed, and the various elevations were pointed out. She said the building was high -end contemporary desert architecture and noted the project was approved by the Architectural Review Commission. Staff recommended approval of the Variance and Precise Plan, and in doing so, it waived the required minimum 2:1 Daylight Triangle setback, as well as the five-foot minimum frontage setback on Lupine Lane. She noted that other surrounding buildings did not comply with the 2:1 ratio. The proposed project included a 36-foot tower element that complied with Code; it's 32'9" at its lowest point and 36' at its highest point, with the highest point facing the corner. All three buildings are owned by the same owner with shared parking in the rear that adds 122 parking spaces. It came to staffs attention that not many knew of the rear parking lot, so staff was considering conditioning the project for directional signage at important entryways. The landscape plan complied with the overall comprehensive look of El Paseo and was approved by the City's Landscape Specialist and Landscape Manager. Lastly, she displayed the perspectives of the building. She noted the Applicant brought color renderings that were available showing the different lighting fixtures. Councilman Spiegel noted page 13 of the staff report where staff was recommending the Applicant pay in -lieu parking fees of $75,000 to buy another courtesy cart. He wondered if it's been done before. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 Ms. Aylaian responded there have been in -lieu parking fees charged on a number of projects, in particular, the Alessandro Alley project. The Zoning Ordinance allowed for an assessment of in -lieu parking fees if a project cannot provide adequate parking, and it was in the best interest of the City to approve the project. Upon further question, she said those dollars could go to the Alessandro Alley project. Councilman Ferguson asked if there was a street elevation of the corner level. Ms. Schrader responded the perspectives included in the packet were the most current version she had and didn't include a street elevation. Councilman Ferguson asked if the height exception can be seen when standing on the street facing the building. Mayor Kelly requested that question be deferred to the Applicant when the public hearing was opened. Mayor Pro Tem Benson stated the Tommy Bahamas' upper balcony seemed closer to the street than the proposed project. Ms. Schrader agreed. She said the proposed project had a setback of 17 feet from the edge of the building and thought that perhaps Tommy Bahamas might be wider. Mayor Kelly noted both buildings had the same setback and both showed the edge of the second story; he wondered how they could be different. Councilman Ferguson interjected and explained the setbacks from the street were the same for both sides; the setback of the building, the width of the terrace on the second floor, was wider for Tommy Bahamas than it was for the proposed building. Ms. Schrader agreed. Mayor Kelly stated the City had a Parking Authority (PA), Redevelopment Agency (RDA), and Project Area 1. It appeared to him the complex behind the proposed building had a "For Sale" sign. He wondered if the PA or RDA given any consideration to purchasing additional parking in that area. Ms. Aylaian stated both staff and the Agency had been working on this issue, and a great deal of discussion had been spent on El Paseo parking and potential future sites where the City may be able to accommodate a parking structure. A number of areas had been looked at, but the ideal location has not been identified at this point. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 Mayor Kelly thought the area he mentioned that's for sale was an ideal location. He said it could provide off-street parking for El Paseo and the proposed project. Ms. Aylaian responded staff would like to find one location for a parking structure. Otherwise, a little bit of parking could be added at each of the projects. Councilman Ferguson agreed with Mayor Kelly that regardless of what the City did with monies received from this developer, he questioned if it would be adequate to meet their contribution to the overall parking solution. Ms. Aylaian stated the contribution from this project was appropriate for the demands of parking it will have. Councilman Ferguson asked if the City was satisfied with the fact the Applicant was contributing and not necessarily earmarked for a courtesy cart. Ms. Aylaian stated the identified $75,000 contribution could be used either for an El Paseo courtesy cart and service, or toward public parking. Mayor Kelly declared the public hearing open and invited testimony from the developer. MR. JOHN VUKSIC, PrestNuksic Architects, Palm Desert, CA, responded to an earlier question by Councilman Ferguson about the height exception. He said Section C of the renderings illustrated that from the sidewalk and the front of the building, one would not be able to see the tower. But if one was standing across the street at one of the corners, they would see the tower. Upon further question, he confirmed the tower would block the view. He noted the total height exception was six feet at one point and less from thereon. MR. JERRY PALUHA stated he was the property owner at 73-255 El Paseo, Palm Desert, at the southeast corner of Sage Lane. He said he's owned other property on El Paseo, had been connected with El Paseo since 1991, and was previously in the retail business for more than 20 years. He stated he did not object to the project and thought it was a nice looking building. However, as the owner of the property next door, he had reservations as to the parking situation and the potential problems it presented. He said the west side of the street already had parking problems with no apparent solution in the near future. He said there didn't seem to be land available for a parking structure like at The Gardens or the Presidents' Plaza on the north side of the street; and when The Gardens completed its expansion, the parking will be fully utilized by its own tenants and customers. He said the 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 street parking and his parking lot were also already fully utilized. His parking lot represented the main draw for good tenants in his building; even though at times, his tenants complained that people were parking there, including the Applicant's tenants. He tried policing it as best he could with signs and assigned parking, but many still parked as they wished. The proposed building was tripling its square footage to more than 15,000 square feet without adding additional parking to the existing area, and he wondered where the new tenants and new customers were going to park. He said it wasn't pleasant or desirable to be considered the bad guy for telling people they couldn't park in his lot, but his tenants demanded that their parking be protected. One major problem was that the Applicant's parking lot was hidden and difficult to access, and the addition of the proposed building will increase the invisibility of his parking lot. He said the continued usage of his lot will exasperate his tenants and potentially cause him to lose them, because it will affect their business. Having people park at The Gardens or at Presidents' Plaza will not address the parking situation on the street going west toward Monterey. He requested that Council address the parking problem before approving a project that will create greater density of the land utilization. He thanked the Council for the opportunity to be heard. MR. VUKSIC stated he learned of Mr. Paluha's concerns 48 hours prior to this meeting, and he had hoped they could have met prior, but unfortunately were unable to. He said he was sensitive to his neighbor's concerns and would like to solve the problem of having people park in their designated areas. Councilman Spiegel asked if it was possible to build an entrance to the west side of the Applicant's parking lot. MR. VUKSIC responded one already existed and pointed it out on the display. He went on to describe the adjacent buildings and parking areas. He also displayed photos taken of the two parking lots on November 7 at 1:00 p.m., The photos showed that both lots were largely empty, and he stated he didn't think there was a parking problem. Councilman Spiegel asked if there was access to the rear parking lot between the two buildings. MR. VUKSIC responded there wasn't. He said there were several pedestrian accesses between the buildings but no way to put a driveway between them. Councilman Ferguson asked if this issue was characterized as a parking space problem or a problem of willingness of people to park where they wanted. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 MR. VUKSIC responded it was a willingness on people's part, because the huge parking lot in the rear was empty. He didn't know if people were aware of the rear parking or if it just wasn't their first choice. He said the neighbors' reserved covered parking was fully utilized, as shown in his photos, but the unreserved parking spaces were mostly empty. His side of the parking lot was also empty. He said he felt bad if people that didn't belong in those reserved parking spaces were parking there. He discussed the parking issue with staff and suggested taking two measures. One was to provide signage, and the other was to lower or remove the hedge between the two properties in order to expose the additional parking. Councilmember Finerty thought a possible answer might be covered parking in Mr. Vuksic's lot. Mr. Vuksic agreed covered parking was more desirable. Mayor Pro Tem Benson thought the reason the parking Tots were empty was because there was no other retail around. She was concerned about allowing another project to be built when there was a parking shortage. MR. VUKSIC stated he didn't quite understand Mayor Pro Tem Benson's comment because all the existing buildings were occupied, with the exception of one. Mayor Pro Tem Benson stated she was referring to the Picanha building. Councilman Ferguson stated if people didn't want to park where they're designated, he couldn't understand why the Applicant was being assessed if he had plenty of parking spaces. Ms. Aylaian stated she didn't think a parking problem existed and felt there was plenty of parking space available. However, staff was projecting that with the new project and restaurant, parking will be in demand, and the amount required will be needed. Upon further question, she believed the rear parking will be utilized once the restaurant was open. Councilman Ferguson stated he didn't want to burden one project with another, but with what's happening across the street, he wondered what the parking solution was and if it involved a parking structure. Ms. Aylaian stated there were currently four projects in the pipeline on El Paseo that were renovation or demo/reconstruction. Councilman Ferguson stated he was referring to Lupine Lane and El Paseo. Ms. Aylaian replied that situation was being reviewed. She said all the proposed projects technically looked as though they have a parking 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 shortage, according to the City's Ordinance, which staff was looking at for assessing in -lieu fees to go toward a future parking structure. Upon further question, she said underground parking was a consideration and believed it may provide sufficient parking to address the problem. She went on to say staff didn't predict there was an overall parking shortage on El Paseo, but the location may not be ideal with the existing structures in the projects that are currently being proposed. According to the City's Ordinance (a strict calculation) there appears to be a shortage. She said staff was taking a practical approach to what the businesses actually needed. In areas where the business was not able to meet their need, an in -lieu fee needed to be assessed to go toward a public parking structure. The only area of concern was President's Plaza, which was where the focus was being directed. MR. PALUHA stated he wanted to make three more points. First, when a right turn was made on El Paseo, you can see the restaurant and the driveway. He said the driveway looked like it's used for valet parking, and adding a building with more tenants along Lupine Lane will only hide that driveway even more. Secondly, photos taken in the middle of the week at lunchtime where there are no restaurants explained why the parking lots were empty. Responding to question, he said Picanha and Cedar Creek customers also used his parking lot. He went on to say that at times when former President Ford was alive, they had Secret Service parked there too. Just because it was empty at 1:00 in the afternoon on a Wednesday didn't mean it wasn't being used. He said it was fully utilized, with the exception of the months of July and August. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Ferguson stated he liked the project, the architecture, and had no problems with the setbacks. He said parking will continue to be an issue on El Paseo with the new Saks Fifth Avenue, Gucci, Ralph Lauren, and the requests for valet parking. However, he didn't feel it was a problem this project was going to solve, nor should that burden be put on this Applicant. He thought the City needed to take a global look at the whole street, particularly on the west side of San Pablo, and try to figure out what to do with all the new development to address parking. He stated he liked the second elevation, and it was a much needed redevelopment with private dollars for a corner that was tired and a restaurant that was old. He said there's been a variety of uses there, some good and some not so good. He felt this project would elevate the prestige of Mr. Paluha's business and everyone else around it. Councilman Ferguson moved to waive further reading and adopt Resolution No. 07-75, approving Variance No. 07-01 and Precise Plan 07-08. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 Councilman Spiegel agreed it was a good-looking building, and it would be an asset to El Paseo, but parking was a problem, particularly with the people who owned The Gardens next door. Currently, half the parking lot was empty but once developed, it will create a lot of traffic. He said the City helped Westfield and The Gardens when they were being built. He thought this was a situation where the City needed to help out as well. He said additional parking will be needed, and he couldn't approve this project until he knew what the City was going to do. Mayor Pro Tem Benson stated she had the same concern. She said the City was only half way down El Paseo from Highway 74 with improvements being made, and adding more projects and storefronts would only compound the parking problem. She agreed it was a good-looking building at that corner and that it would fit well with the rest of the area, but felt the parking needed to be addressed first. Councilmember Finerty agreed that it was a great -looking building with superb architecture, and she liked the outdoor patio dining experience. She agreed parking was a problem and that it would continue; however, staff was aware and appeared to be working on the matter. She said it was not how the City was going to help, but which location was the best to address the parking problems. She thought requiring in -lieu parking fees was a good way to help offset the cost of the future parking structure. She said staff did a good job of identifying the issue and finding a way to solve it. Councilmember Finerty seconded the motion. Mayor Kelly acknowledged that parking on El Paseo was not the absolute best it could be, but on the other hand, didn't think it was that bad. He said El Paseo couldn't stay neutral, it had to keep moving and improving. It seemed to him the proposed project was an asset to El Paseo and would attract people. He said staff needed to make sure they continued to keep adequate parking, but he felt this location was currently a detriment to the enhancement of El Paseo and was inclined to support it. Mayor Kelly called for the vote, and the motion carried by a 3-2 vote, with Benson and Spiegel voting NO. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Southern California Edison (SCE) - Portola Avenue — Mr. Ortega reported that SCE had contacted the City about extending a power line along what will be the extension of Portola Avenue to an 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 interchange at 1-10. He would be submitting the plans to Mr. Greenwood, noting that the project had not gone through all the processes yet, including the EIR, but SCE was approaching the City well in advance of the review. He went on to say SCE would be bringing a big power line across the freeway from the north, and the City would begin to work on it to ensure that whatever was built would not conflict with the future interchange. Mayor Kelly proposed that SCE underground its new line in order to alleviate any conflict with the City's interchange. Mr. Ortega confirmed that the City Council would be able to weigh-in on the project; he was just providing advance notification of it coming forward in the near future. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department Lt. Taylor reminded City Councilmembers about the groundbreaking ceremony for the Public Safety Academy at College of the Desert on Wednesday, November 14, at 10:00 a.m. behind the Diesel Mechanics Building. He went on to thank the City Council for its continued support of the Police Department over the years. Over the past month, he said there had been several burglaries occurring in all three of the Cove Communities, the majority of them occurring in South Palm Desert. He said because of the City Council's support for adding to the Business District and Special Enforcement Teams in Palm Desert, their ability to fight crime, which is typically perpetrated by criminals from outside the City, has been greatly increased, and the Police Department has been able to take a more global approach. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 Therefore, the Department was able to arrest criminals from Palm Springs in the aforementioned burglaries, and not only were the burglars arrested, but also a couple of other people who were acting as fences for the stolen property. He said approximately a full trailer of property was recovered, and they were in the process of contacting victims to come in and identify their items. As a result, 14 burglaries were solved, with the likelihood that a couple more would be as well in the near future. He added that as a Palm Desert resident himself for many years, it was a pleasure to serve as Assistant Chief of Police and bring forward such accolades for the Department. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Palm Desert Enerav Program — Councilman Ferguson said the City had been looking at Program participation thus far and had identified one of the most significant hurdles in air conditioner (A/C) conversions for older homes. He noted that while savings from the systems will pay for the cost of conversion, many people didn't have the $10,000+ readily available to replace their A/C. Different financing mechanisms had been evaluated by staff, with the most problematic issue being how the homeowner can secure any debt he wants to incur to pay for the system, then pay it off over time with the savings realized from his energy bills. He said Redevelopment Agency Counsel had identified a way to secure the debt on the property tax rolls with consent of the homeowner voluntarily participating, their getting a low- or no - interest loan from a lending institution, securing it with their property value, and placing it on the tax roll. State Law currently allows cities to do so for street and sewer improvements but doesn't specifically allow for energy efficiency and conservation improvements. Agency Counsel believes that a minor amendment to existing State Law would allow for this. Therefore, he wanted to ask his colleagues for permission to work toward getting State Law amended to allow cities like Palm Desert to do this on a voluntary basis. He noted that new bills had to be introduced in the Legislature by January 25, 2008. Councilmember Finerty moved to add consideration of this matter to the agenda. Motion was seconded by Ferguson and carried by a 5-0 vote. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 Mr. Ortega explained that staff wished to request amendment of current State Law, same one the City has utilized in many of its Assessment Districts for improving curbs, gutters, and streets. Councilman Spiegel moved to, by Minute Motion, authorize staff, Redevelopment Agency Counsel, and the Legislative Review Committee to work on securing an amendment to existing State Law that would provide for tax roll -financing of energy conservation improvements. Motion was seconded by Finerty and carried by 5-0 vote. o City Council Committee Reports: None o City Council Comments: 1. Bermuda Dunes Community Association (BDCA) Meeting — Councilman Ferguson noted the memo from Mr. Ortega, where BDCA requested someone from the City address their concerns about Palm Desert's Sphere of Influence. He had indicated a willingness to do this, mostly because he thought the recent Desert Sun article about the issue and LAFCO (Local Agency Formation Commission) was inadequate —the City Council said it didn't want Bermuda Dunes taken out of its Sphere of Influence but based on the financials, it didn't make sense to annex them any time soon. Therefore, he agreed to go out to their meeting this evening, along with Principal Planner Tony Bagato; George Spiliotis from LAFCO and representatives from Supervisor Roy Wilson's Office would also be in attendance. 2. Art of Food & Wine — Chef Tommy Tang — Mayor Pro Tem Benson noted that in reading about the chefs scheduled to participate in this weekend's event, Tommy Tang's labor of love was the Tsunami Children Foundation. She related that her niece and her husband have been working very hard for that Foundation too. Her niece volunteered time in that area since July, will be returning home later this month, then will be returning for another voluntary commitment in January. Before leaving in July ,her niece raised $10,000 for the Foundation with Mr. Tang at a sample dinner in her home in Corona Del Mar. Therefore, Mayor Pro Tem Benson looked forward to personally meeting Mr. Tang this weekend. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 3. FEMA - Southern California Fires — Mayor Kelly commented that many who evacuated from the fire areas had come to the Coachella Valley, since many of them have second homes or relatives in this area. He said a FEMA representative stopped by his office today to advise that they're working in this area in order to make contact with those displaced persons to provide assistance. He related his own personal experience working with FEMA after an earthquake damaged his home in the San Fernando Valley and hoped victims would take advantage of this assistance. XIX. ADJOURNMENT Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, Mayor Kelly adjourned the meeting at 5:34 p.m. ATTEST: RA HELLS D. KLASSI 1, CITY CLERK) CITY OF PALM DESERT, CALIFORNIA ARD S. KELLY, MAYOR 26