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HomeMy WebLinkAbout2007-10-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 11, 2007 CIVIC CENTER COUNCIL CHAMBER 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 Mark Greenwood, Acting ACM for Development Services Justin McCarthy, ACM for Development Services Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs John Rios, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire 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 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 627-071-025, 627-071-024, 627-074-006 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owners: Wing Lam Shou Timothy Palmer Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, Ltd., v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC053903 b) 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 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: Carlos L. Ortega/City of Palm Desert With City Council concurrence, Mayor Kelly adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:05 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Jean M. Benson VII. INVOCATION - Councilman Robert A. Spiegel 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 VIII. ORAL COMMUNICATIONS - B MR. MICHAEL BRACKEN, Palm Desert, CA, thanked the City for being one of the major sponsors of the California State University, San Bernardino - Palm Desert Campus Golf Classic. The Eighth Annual event was held in late April at the Classic Club and raised in excess of $55,000. Now that the new school year was underway, he could report that as a result of all of CSUSB's scholarship activities, a total of $168,000 was awarded to students. Fourteen (14) students were from Palm Desert, and he would provide the Mayor's Office with a letter confirming their names. He presented a plaque recognizing the City's sponsorship to Mr. Ortega and noted that the 2008 Tournament was scheduled for Monday, April 21, at the Classic Club. MR. DICK BAXLEY, Palm Desert, CA, said he was before the City Council on behalf of the Commercial Real Estate Brokerage Community, a number of whom were in attendance today as well. They had found that they were in violation of the City's Sign Ordinance, which they understood and wanted to do whatever was necessary in order to be good neighbors. He'd read the Ordinance and, as it was also pointed out to him, it was a fairly old regulation; it permits one, 3' x 4' sign for every 200 lineal frontage feet of building, and if less than 200 feet, it was limited to a 3' x 3' square sign. He said not only does it have an impact on how they've been operating for 20 years without it being noticed, but their clients were also very concerned because they wanted their vacancies filled or property sold with some degree of visibility. They were requesting a group be formed so that they could work with the City and review the Sign Ordinance, ensuring that they fairly address both the issues important to the City and the community, and to the commercial clients in order to achieve an updated ordinance. He suggested the group include City officials, sign companies, the brokerage community, and anyone else felt to be appropriate for the task. Mayor Kelly asked that the City Manager's Office handle this request. MR. ROB BALLEW, Family YMCA of the Desert, announced they were celebrating their 25th Anniversary in the Desert with their headquarters in Palm Desert. He said each day there were 1,700 kids in their Child Care Program and 400 in the Sports Programs offered from 29 sites in the Coachella Valley currently, seven in Palm Desert. They felt the City of Palm Desert had been more than a wonderful partner to the YMCA, and he expressed sincere appreciation. As part of this week's celebration, they would be holding their Family Fun Day on Saturday, October 13, from 3:00 p.m . to 6:00 p.m. in Palm Desert Civic Center Park, and he thanked City Parks Staff for assisting them in the arrangements for use of the Park, with attendance anticipated at nearly 700. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 MR. PETER RITTENHOUSE, Executive Director of the Joslyn Senior Center of the Cove Communities, 73-750 Catalina Way, Palm Desert, said he was appearing before the City Council in order to offer an apology to them and to City staff. He was sorry for the amount of time spent over a misunderstanding about the parking area at the Senior Center and the need to share it with their neighbors at Catalina Gardens. He further expressed apologies to the folks at Catalina Gardens and noted their comments had been taken to heart — the Senior Center will be discontinuing the actions that had angered them. Responding to Mayor Kelly's question about the Senior Center's Meals On Wheels Program, he said they were dealing with the cost of the product, which had gotten quite expensive at around $5.50/day. The most they could charge 90% of their clients was $5.00/day, with over half of the people they serve being subsidized. He said they would love to talk with City officials about finding another vendor who could provide a high -quality product, such as from a hospital, school, or university. Mayor Kelly offered to meet with Mr. Rittenhouse to discuss the situation and find a solution. He asked Mr. Rittenhouse to call his office for an appointment. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF OCTOBER 7-13, 2007, AS "FIRE PREVENTION WEEK" IN THE CITY OF PALM DESERT. This presentation was deferred until Section XVIII - Reports and Remarks, during Item D - Public Safety - Fire Department at this meeting. Please see that portion of the Minutes for resulting action and remarks. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 27, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 75, 83, and 84. Rec: Approve as presented. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Landscape Beautification Committee Meetings of May 16, 2007, and June 20, 2007. 2. Marketing Committee Meeting of July 17, 2007. Rec: Receive and file. D. REQUEST FOR RATIFICATION of the City Manager's Approval of Awarding Park Overseeding Bid to Vintage Associates, Inc. Rec: By Minute Motion, ratify the City Manager's approval of awarding the Park Overseeding Bid to Vintage Associates, Inc., Bermuda Dunes, California, in an amount not to exceed $20,280 — funds are available in Account Nos. 110-4610-453-3320, 110-4611-453-3320, and 276-4374-433-3320. E. REQUEST FOR RATIFICATION of Agreement to Lease, Install, and Maintain Lighted Holiday Decorations to be Placed Within the Medians at El Paseo (Contract No. C27030). Rec: By Minute Motion: 1) Ratify the City Manager's decision to enter into an agreement with Western States Holiday Decorating, Bermuda Dunes, California, in the amount of $2,950 to lease, install, and maintain lighted holiday decorations for placement within El Paseo medians; 2) appropriate $2,950 from the Unobligated General Fund to lease, install, and maintain holiday decorations along El Paseo for the 2007 Holiday Season. F. REQUEST FOR APPROVAL of Mark Stephenson as Curator of the 2008/09 El Paseo Invitational Sculpture Exhibition (Contract No. C27040). Rec: By Minute Motion: 1) Approve Mark Stephenson as curator of the 2008/09 El Paseo Invitational Sculpture Exhibition; 2) award Mr. Stephenson an honorarium in the amount of $10,000 for this purpose — funds are available in Account No. 436-4650-454-4002. G. REQUEST FOR AUTHORIZATION to Award Contract to Robert S. Valdivia for Concrete Work at Desert Willow Golf Resort (Contract No. C27050). Rec: By Minute Motion, authorize award of the subject contract to Robert S. Valdivia, La Quinta, California, in the amount of $49,020 — funds are available in Account No. 241-4195-495-8092. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26280 — Painting of the Exterior and Courtyards at the Parkview Office Complex Located at 73-710 and 73-720 Fred Waring Drive (Southwest Coatings, Inc., San Pedro, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. I. CONSIDERATION of a Request for Funding of the 2008 Easter Bowl Junior Tennis Tournament. This item removed for separate consideration under Section XI - Consent Items Held Over. Please see that portion of the Minutes for discussion and action. J. REQUEST FOR APPROVAL of the Possession and Consumption of Alcoholic Beverages, Street Closures, Waiver of Sound Ordinance, Sale of Merchandise, and Closure of a Portion of Civic Center Park in Connection with the 2007 Art of Food & Wine Festival, November 8-11. Rec: By Minute Motion, authorize the following, all in connection with the 2007 Art of Food & Wine Festival: 1) Permit the possession and consumption of alcoholic beverages on City -owned property; 2) permit the closure of El Paseo for 24 hours; 3) waive the 9:00 p.m. curfew for amplified sound; 4) permit the sale of Togo-ed merchandise on City - owned property; 5) authorize fencing of the Amphitheater area of Civic Center Park. K. INFORMATIONAL REPORT Relative to Contract No. C22013 — Third Amendment to the Agreement for Law Enforcement Services Between the County of Riverside and the City of Palm Desert. Rec: Receive and file. Councilmember Finerty requested Item I be discussed separately. Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER I. CONSIDERATION of a Request for Funding of the 2008 Easter Bowl Junior Tennis Tournament. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 Councilmember Finerty commented that she wished to discuss this item separately, because it was one of three similar requests for funding on today's agenda. She was aware of the City's Outside Agency Funding Committee but felt it may be better to ask staff to develop another process for considering the numerous requests that come into the City after that is completed, suggesting that it also be made part of the annual budget process. She clarified that the request from RSVP later on the agenda was a separate matter, since it was strictly a volunteer organization. While the Easter Bowl and Virginia Waring events were wonderful, she inquired if there was a way to keep track of all the money being spent, which was what she thought the Outside Agency Funding Committee did. Mayor Kelly noted that the subject Easter Bowl request was probably not appropriate for Outside Agency Funding consideration. In response, Mr. Gibson said funding requests were typically categorized as either special events or contributions to an agency for funding programs or a specific project it was undertaking. Further responding, he said within the requests considered by the Outside Agency Funding Committee, there were the Community Development Block Grants (CDBG) (Federal grants) and then the City's contributions. He said as far as the additional requests for funding special events throughout the year, those funds were being expended from the separate Community Promotions Budget. Mayor Kelly pointed out the subject request was considered more of a promotion and had, therefore, been considered by the City's Marketing Committee for its recommendation. Upon question, Mrs. Gilligan responded that Marketing Committee funds were not being requested here and added that opportunities, such as the Easter Bowl request, came to the City throughout the year. She said staff agreed it would be best if all requests came in at once and could be included in a single recommendation during the annual budget request. However, they came in at various times and through various sources, including City Councilmembers. She explained that if it's a marketing event and participants are spending their dollars in Palm Desert at restaurants, shops, and hotels, the request is taken to the Marketing Committee to determine the value. Easter Bowl's request was denied last year; this year they presented documentation showing how many hotel rooms were filled and how many dollars were spent in the City of Palm Desert. Therefore, the Marketing Committee felt there was a benefit to be realized but recommended a significantly lower amount of funding than was originally requested for the event. She went on to say that the Virginia Waring Piano Competition was also considered a marketing tool; it's an event that takes place in Palm Desert, and the particular request on today's agenda is not for the 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 event itself but for a fund-raising dinner associated with it, which the City has funded in the past. She said in order to handle the requests that come in throughout the year in the future, it would require the City to establish a policy and to notify requesters that there would be a deadline. She added that both she and Marketing Manager Kristy Kneiding go through several requests each week, which are then culled for their marketing benefit to the City; staff would welcome a definite Outside Agency -type policy for this purpose. Councilmember Finerty appreciated the explanation, adding that since staff sounded as though it was a proponent of such a policy, she asked if they could be directed to return with one. Councilman Ferguson interjected that he was equally concerned. While the City was very generous, giving away millions of dollars each year through CDBG, Outside Agency Funding, and ad hoc requests to charitable organizations throughout the City and the Coachella Valley, it seemed to him that it had become standard operating procedure to get these last-minute requests for money without adequate analysis. He realized that both the Easter Bowl and Virginia Waring requests went through the Marketing Committee but pointed out that the Virginia Waring event had been around for many years, and he emphasized that their request could have been part of the annual budget or Outside Agency Funding processes. Additionally, he'd been told the Easter Bowl had made a request the past five years, but this was the first time the Marketing Committee suggested making a contribution. He said it would be nice if other organizations were handled like the Schools' Parent Groups, which are given a lump sum up front, and activities (i.e., student competitions requiring travel out of the area) requiring funding throughout the year are to go to that fund first. He also noted that there were three funding requests this meeting and two at the last meeting totaling more than $100,000; they were all worthy, yet they came up last minute with no real staff work -up. He would prefer seeing staff make a recommendation that goes to Outside Agency Funding, then the Mayor and Mayor Pro Tem that year can go through all the requests and make their recommendation to the City Council. Otherwise, the City Council would be giving out money on a whim with no real budget oversight, which troubled him. Mayor Pro Tem Benson believed there needed to be a subcommittee of City Councilmembers and staff to look at all of the CDBG, Outside Agency Funding, Marketing, and miscellaneous requests. It needed to be decided whether or not there should be a specific fund set aside for extra requests, and when that pot was gone, there was a legitimate reason to deny them. She added that the recent requests, like the Easter Bowl and Palm Springs Art Museum, should be reviewed in order to determine if another category 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 should be set up in the budget, agreeing that they were not eligible for CDBG or Outside Agency where the other non -profits and continuous year programs were reviewed. She felt it needed to be decided how much money should be dedicated for charitable requests each year; the reviewing subcommittee would then do its work and be done, rather than playing games each time a request came in. The money was either available or it wasn't. She felt an average of past years' requests would be a good starting point. Councilman Ferguson suggested that since the existing Mayor and Mayor Pro Tem served on this year's Outside Agency Funding Committee, they should take a look at the requests from: 1) Palm Springs Art Museum; 2) Palm Desert Middle School Charter Fund, which was previously approved but deserved review in relation to a new policy; 3) Easter Bowl; 4) RSVP; 5) Virginia Waring Piano Competition. Mayor Pro Tem Benson offered that there should be categories that specifically call for Marketing Committee review or that go directly to the City Council; for instance, where the Easter Bowl may not be viewed as marketing, the Palm Desert Art of Food & Wine should be. Responding to question, she didn't think only the five aforementioned requests should be reviewed, all of them should be in order to plan for the future. She didn't suggest reconsidering the Palm Springs Art Museum request though, because that event had already taken place. However, she felt since it was early, there should be a fund set aside for requests for the remainder of the fiscal year, and there should be a separate group for reviewing them. Councilmember Finerty agreed that a such fund should be set up in order to achieve control; she liked the idea of establishing an amount at the beginning of the year, and when it was exhausted, that was it. She offered to serve on a Council subcommittee for this purpose. Mrs. Gilligan suggested establishing a specific criteria for requests through this process, as has been done for Marketing, and it could be returned to City Council for approval. Responding to comment, Councilman Spiegel noted that City Council would be asked to continue the Virginia Waring request, because the presenters weren't available at this meeting. He noted, however, that the Easter Bowl requesters made a presentation to the Marketing Committee, and because of the people it brings to stay, shop, and eat in Palm Desert and the tax dollars generated, the Committee recommended approval of the request to City Council. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 Councilman Spiegel moved to, by Minute Motion, concur with the Marketing Committee's recommendation to: 1) Support the 2008 Easter Bowl Tennis Tournament in the amount of $5,000; 2) appropriate said funds from the Unobligated General Fund to Special Events, Account No. 110-4416-414-3061; 3) make a finding that this event provides a financial benefit to the City of Palm Desert. Motion was seconded by Kelly and carried by a 3-2 vote, with Ferguson and Finerty voting NO. XII. RESOLUTIONS A. RESOLUTION NO. 07-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING A STORM DRAIN EASEMENT, DESIGNATED AS "EASEMENT D," IN THE REMAINDER PARCEL OF TRACT NO. 27882-1 UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND ACCEPTING A REPLACEMENT EASEMENT AND AGREEMENT (The Robert Mayer Corporation, Applicant). Councilman Spiegel moved to waive further reading and adopt Resolution No. 07-67. Motion was seconded by Finerty and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1141A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND BERNARD INVESTMENT GROUP, ATTACHED AS EXHIBIT A — 14-UNIT SENIOR CITIZEN APARTMENT COMPLEX LOCATED AT 73-811 SANTA ROSA WAY Case No. DA 07-01 (Bernard Investment Group/ Ken Bernard, Applicant). Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1141A. Motion was seconded by Benson and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 B. 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). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1143. Motion died for lack of a second. Councilman Ferguson noted he was not present when this ordinance was introduced. However, he'd since talked to some of the merchants and property representatives on El Paseo, specifically Churchill Management, David Fletcher, and Fred Fern, in connection with the new Gucci and Ralph Lauren stores, both of which have requested valet parking. He added that Daily Grill also has a need for valet parking, because they're on a hill that a lot of people have difficulty negotiating. While understanding the reason for this specific amendment to the Code, he believed the entire section needed review because of what Gucci and Ralph Lauren stores wanted to do, which he believed was prohibited under the existing ordinance. There was also the issue of prohibiting any charge for valet parking and how to handle people who wanted to charge. If the Valet Parking Ordinance needed updating, he felt this version missed a lot. Councilman Spiegel believed the real issue was whether or not someone on the street could charge for valet parking, which the City did not currently have anywhere else. He said it was a source of pride that you could park in Palm Desert and not pay for it, there were no parking meters. He felt if it were to be opened up to something like parking valet on the street for pay but not if you didn't, the City would be going down the same road and encounter the same problems as they did at The River in Rancho Mirage. Responding to Councilman Ferguson's comment about valet parking on private parking lots for a fee and not using public streets to make money, Mayor Pro Tem Benson added that was also her understanding. She'd been asked why the City allowed the Marriott to charge for valet parking; Mr. Fern would be parking the cars on private property behind the Daily Grill, not on the public street. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 Councilman Spiegel and Mayor Kelly responded that Marriott used its own private property, and Mr. Fern was proposing to have his valet stand on the curb of the City street. Ms. Aylaian confirmed that the aforementioned valet drop-off would be in the public right-of-way, then the car would be parked behind in their parking lot, noting that the Daily Grill was a separate operation altogether. She said they're looking at both sides of the street —for Polo on the north side of the street, the drop-off would be in the public right-of-way, then the valet would take the car around to the north side to the parking lot there. The existing ordinance prohibits valets in a public right-of-way, which is what the curb drop-off would be. Additionally, she said the aforementioned north parking lot actually has a public parking easement over it. Councilman Ferguson reiterated his desire to look at the ordinance again and take care of everyone before rushing to second reading. Mayor Pro Tem Benson concurred and said her concern after talking to Mr. Fern was that there would be others along El Paseo that would want to do the same thing, resulting in a virtual road block there because of it. Councilmember Finerty agreed but believed the City was going to have businesses like Gucci and Polo that request valet parking, since El Paseo was known for attracting the high -end clientele that desire it. If it would help make them successful, it was in the City's best interest too. She said if the average person, like her, didn't want to use the valet parking or didn't shop in those stores, they didn't have to and weren't asked to pay anything to park; it's only a service to those customers. But she understood that Polo's and Gucci's throughout the country offered this amenity. Mayor Pro Tem Benson thought this should be re -looked at based on what the El Paseo Merchants wanted. Responding to question about how long it would take staff to work with the Merchants or any other interested groups, Ms. Aylaian felt it could be done quickly, because she suspected there would be uniform support for paid valet parking. However, she also felt it was a policy decision that required sufficient analysis, as the City Council would likely be confronted with bigger issues regarding parking throughout El Paseo. Following more discussion about a mutually acceptable date, Mayor Pro Tem Benson moved to, by Minute Motion, continue consideration of Ordinance No. 1143 to work out the issues connected with Valet Parking to the meeting of November 8, 2007. Motion was seconded by Finerty and carried by 4-1 vote, with Kelly voting NO. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC NUISANCE FOR PALM DESERT MOBILE ESTATES LOCATED AT THE SOUTHWEST CORNER OF PORTOLAAVENUE AND THE WHITEWATER STORM CHANNEL Case No. 07-369 (Mark Bessire/Palm Desert Mobile Estates, Appellant). Senior Code Compliance Officer Pedro Rodriguez stated that Palm Desert Mobile Estates has been operating and renting an RV (Recreational Vehicle) storage area on their property to RV owners who do not reside within the Park. He reviewed the printed staff report for this item, highlighting that mature tamarisk trees on property owned by the Coachella Valley Water District (CVWD) formerly screened this existing, non -conforming use. According to Palm Desert Municipal Code Chapter 25.22, RV storage areas are allowed within a mobile home park with a Conditional Use Permit, which is now required since the trees were removed. After numerous complaints from Palm Desert Mobile Estates (PDME) that they were a hazard, CVWD removed the trees from their property, exposing the RV storage area. After multiple attempts, he said the City was unsuccessful in gaining cooperation of the property owner to bring it into compliance or to negotiate a resolution that would mitigate the public nuisance. Therefore, staff recommended that the City Council uphold the Code Compliance Division's determination to require that PDME remove the non -permitted RV storage area and the tent canopies and/or obtain a Conditional Use Permit and a Business License to operate the storage area. Responding to Mayor Kelly's comment that he thought staff was going to return to the City Council with a report about how a 12-foot tennis court -type fence could be installed in this area, Mr. Ortega agreed, adding that staff is working on those plans and costs but did not have time to prepare something to appear in this agenda packet immediately after the last meeting. Mayor Kelly expressed great disappointment that most everyone believed there would be a report on the solution to this issue between all parties by this meeting. Councilman Ferguson agreed. He felt an excellent proposal had been crafted at the last meeting, whereby the four parties involved could all participate in an equitable solution that recognized no one entity had 100% of either the responsibility or fault, and all would pitch in with money to make it work. But in the subject instance, it sounded like the City was taking an enforcement action and pressing a legal position, which may disenfranchise one of the four parties so that they would not want to participate, and the 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 whole settlement would fall apart. If the City was inclined to move forward with that position, he would request readjourning to Closed Session. He didn't think a case couldn't be both fought and settled at the same time. Mayor Kelly reiterated that he, too, felt an agreement had been negotiated with Chaparral Country Club, and all that was needed was the cost to do it. As far as the subject matter with PDME not having a permit, that was another issue altogether, which should be prosecuted anyway. But in the meantime, the desire was to put something up to protect the residents at Chaparral. In response to Mayor Kelly's question, Chaparral residents in attendance agreed that they felt it had been settled at the last meeting as well. Ms. Aylaian commented that at the time of the last meeting, City staff had already issued the Notice to Abate, which was appealed. Therefore, City Council was obligated to hear the appeal within a specified period of time, and it was being considered as a separate action. Simultaneously, staff was also looking into cost of the proposed solution, and she thought Mr. Greenwood had some information available. Although, as Mr. Ortega indicated, staff did not have time to prepare a written report because of the deadline for producing this City Council agenda packet. Responding to question about how long it would take to return with a proposal for the tennis court -type fencing, Mr. Greenwood said it could be done at the next meeting. Upon Councilman Ferguson's inquiry about the time constraint for acting on the appeal and whether or not the Appellant or his representative were in attendance, staff responded that the Appellant wasn't present. Further responding, Mr. Erwin said the timing issue was that the appeal must come before the City Council, and he affirmed that the matter could be continued. MR. CHARLES AUTTERSON, Chaparral Country Club, Palm Desert, said as was stated in earlier presentations before the City Council, his commitee of the Chaparral Board of Directors had an estimate for the cost of the fence, but he realized that other estimates would be required. However, with his background as an experienced and licensed General Contractor in the State of California, he felt comfortable with the estimates he received for this project from two local, longtime fencing providers, Allen Fence and Sam's Fence Company. Responding to question about the prices, he said the Allen Fence bid was $46,765.00, including the wind screen. The bid from Sam's Fence was $59,690.00, with wind screen, and he went on to detail other specifics from the bids for fencing. He submitted copies of the estimates for 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 the record (received and now on file with the City Clerk's Office). He went on to display and submit a photograph of existing fencing at PDME, of which he wasn't sure the City was aware. Lastly, he was glad the City was also working on the possibility of PDME moving the storage area to its vacant property. MS. GAYE AUTTERSON, Chaparral Country Club, Palm Desert, first commented that the Portola Avenue Bridge dedication on Saturday, October 6, was extraordinary. However, she said the one issue that hadn't yet been addressed with PDME was that the RV storage area included two enormous spotlights, one on either end, and compared their brightness to that of Yankee Stadium. She said they were not hooded to concentrate illumination on the storage area; consequently, they lit up the entire north bank of the wash (Chaparral Country Club), and she asked for this matter to be addressed as well. Mayor Kelly acknowledged the issue and responded that staff would look into the lights. MR. BILL SCHUMACHER, Chaparral Country Club, Palm Desert, said he strongly supported the work done by staff, particularly thanking Mr. Rodriguez. He related that they'd met with a representative of the Mobile Home Park several months ago, who was totally non -responsive. He likened their method of doing business to someone working out of their garage, but the garage door fell off when the trees were removed. He believed it would be most appropriate that the City Council deny the appeal, noting the Appellant wasn't even present at this meeting. He also commented that it's been said that PDME owned the property free and clear, and all the money collected was pure profit, other than taxes and insurance. Therefore, he felt there was no excuse for their running such a shoddy operation. He reiterated his support for requiring a Conditional Use Permit once the mess was cleaned up; if another mess resulted after the Permit was issued, there would be a way to enforce it. He wanted PDME to clean up their act and behave in a businesslike manner. MR. JOHN BART, Palm Desert, said his comments had already been covered by the prior speakers. Councilmember Finerty moved to, by Minute Motion, continue this item to the meeting of October 25, 2007. Responding to Councilman Spiegel's question, Mr. Erwin confirmed that it would be appropriate to continue this matter and also combine it with the report on the fencing/screening for Palm Desert Mobile Estates that will be coming back to the City Council. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 Councilman Ferguson seconded the motion to continue to October 25, 2007, observing that one could catch more flies with honey than they could with vinegar, and if Palm Desert Mobile Estates was being asked to participate in the amount of around $12,500, disparaging remarks made against them would not provide an incentive for cooperation. He added that a great settlement was at hand, and he was asking for continuance on the appeal, not to weigh in on its merits, but in an effort to try to reach a settlement on the matter that may make the appeal a moot point. The motion carried by 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT IN THE AMOUNT OF $315,120 FOR PARK MAINTENANCE SERVICES (CONTRACT NO. C26380A). Upon question, Parks Facilities Manager Jay Niemczak said since there was not a contract in place currently, staff was bidding out the work that needed to be done as necessary, i.e., overseeding, mowing, etc. Councilman Spiegel moved to, by Minute Motion, award the subject contract in the amount of $315,120 to Kirkpatrick Landscape Services, Inc., Indio, California, and authorize extra work and supplies at the rate specified in the contract, in an amount not to exceed $52,000 — funds are available in the FY 2007/08 Budget in the various Park Maintenance Accounts. Motion was seconded by Ferguson and carried by a 5-0 vote. C. CONSIDERATION OF "DESERT GATEWAY TUMBLING WEED" DESIGN AS THE PUBLIC ART COMPONENT FOR THE DESERT GATEWAY PROJECT LOCATED AT 34-140 TO 34-940 MONTEREY AVENUE, PALM DESERT (RJ Ventures, Applicant). Councilman Ferguson moved to, by Minute Motion: 1) Approve the design "Desert Gateway Tumbling Weed" as the public art component by Heath Satow for the Desert Gateway Project located at 34-140 — 34-940 Monterey Avenue, Palm Desert; 2) appropriate $110,000 from Account No. 436-0000-312-2700 for future reimbursement for said public art component. Councilman Ferguson went on to comment that since it was the Applicant's money, and their art choice on their property, he would support it, but it didn't represent his taste. Responding to Councilman Spiegel's question about where the subject artwork would be sited, Public Arts Manager Richard Twedt replied he understood it would be installed in between the Sam's Club and WalMart stores on a large walkway; it would not be near the street. Further responding to question of whether or not there has been talk of installing artwork near the new Kohl's, Petsmart, and Ashley Furniture stores at Desert Gateway, he said he had not specifically been contacted by those projects 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 yet. At this point, the Art In Public Places fees that they were required to pay when pulling their permits remained in the Fund. Councilman Spiegel and Mayor Kelly felt it would be appropriate to try to site a public artwork in the vicinity of Kohl's, Petsmart, and Ashley, and Mr. Twedt agreed to look into it. Councilman Spiegel seconded the motion to approve staff's recommendation, and it carried by a 5-0 vote. D. CONSIDERATION OF A REQUEST FOR FUNDING OF THE 2008 VIRGINIA WARING PIANO COMPETITION BLACK AND WHITE BALL. Councilman Spiegel asked his colleagues to consider continuing this item to the next meeting. Councilman Spiegel moved to, by Minute Motion, continue this matter to the meeting of October 25, 2007. Motion was seconded by Ferguson and carried by 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. CONSIDERATION OF THE CITY OF PALM DESERT - BERMUDA DUNES SPHERE OF INFLUENCE REVIEW REQUEST FROM THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO). Mr. Ortega explained that this item was coming back to the City Council because it had previously taken action directing staff to redo the feasibility study to see whether or not the City wanted: 1) To either consider annexation of Bermuda Dunes or tell LAFCO that the City did not intend to annex the area; 2) to release the area from Palm Desert's sphere of influence. He called attention to the updated study and staff report and offered to answer questions. Responding to question, he said based on the fiscal feasibility, staff would not recommend annexing the area due to the large deficit in capital funding and the lack of revenues produced by the area for providing City services. Further responding, he said if the City Council chose not to proceed with the annexation, staff would recommend letting LAFCO know to remove it from Palm Desert's sphere of influence. However, he offered that the City Council could consider another alternative — annexing Bermuda Dunes contingent upon a satisfactory agreement with the County, which is the entity that works out the details to make the City whole, and staff has that primary recommendation in its report. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 Councilman Ferguson said that in reading the analysis, it appeared to be a worst -case scenario of the fiscal impact of annexing Bermuda Dunes immediately; whereas, the original question was whether or not the City wanted to remove them from its sphere of influence. He agreed with Councilman Spiegel's comments in the newspaper yesterday, that it was pretty hard to argue with the numbers; however, the subject report was missing the best -case scenario, with the reasonable truth to be found somewhere in between. While he wasn't sure he wanted to go down that road, he liked the City Manager's option of considering annexing Bermuda Dunes if it makes financial sense for the City at some point in the future. He acknowledged that some of his colleagues may differ and not want to annex Bermuda Dunes under any circumstances, but precluding it from Palm Desert's sphere of influence and, thus, the consideration of ever annexing it was premature and may bind future City Councils to a position they may or may not agree with. He didn't think the City was forced to make the decision either way right now. If LAFCO wants to remove it, they can, but it shouldn't be because there was a set of numbers that says it's now seven and a half times worse than it was eight years ago, without the same actual increase experienced in commensurate City services. This led him to question if only the worst case was presented instead of a balanced report. Councilman Spiegel said he didn't disagree with Councilman Ferguson. However, with the tax dollars generated and formation of Redevelopment Areas when Palm Desert Country Club was annexed, it resulted in a financial plus for the City. He felt something like annexing the very large Bermuda Dunes area should have all the facts presented and go to a vote of the people of Palm Desert. Councilmember Finerty interjected that in order for it to go to a vote of the residents, she believed staff would first need to negotiate with the County, as it had previously indicated the possibility of providing a considerable financial investment for major renovation of Bermuda Dunes. She felt those numbers should be in place prior to putting it before the people. Responding to Councilman Spiegel's question, Mr. Ortega replied that the City could get an advisory vote from the community. Mayor Pro Tem Benson said she felt the same way about increasing the City's boundaries east of Washington Street for Bermuda Dunes as she did about increasing them north of 1-10, it wasn't necessary. She believed it would be at least another 15-25 years before the City should even consider looking to do that; the City has enough to take care of within its existing boundaries. She would support releasing Bermuda Dunes from the City's sphere and letting La Quinta and Indio fight over it. La Quinta was already up on the border there now, and they wanted LAFCO to contact Palm Desert 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 about its intentions, because they wanted to locate low/moderate income housing there. She didn't think Palm Desert needed this territory —it didn't make sense originally, there isn't a formal application from Bermuda Dunes, and she felt it was wrong to encourage those residents that the City would look at it again, only to likely deny it. Further, she didn't think it was necessary to ask Palm Desert residents; the City Council has enough knowhow and was elected to decide what the boundaries would be, adding that it didn't go to a vote on annexing any other area, like going beyond 1-10. If a community vote was needed for every thing the City Council was supposed to decide, the Council wasn't needed. Councilmember Finerty suggested that staff go to the County, show them the feasibility study, get their comments on it, and negotiate what they're willing to do to assist the City financially. Once they've come up with the best agreement possible, then return to the City Council so that it can make an informed decision; otherwise, it was missing a big piece of the puzzle. Mayor Kelly felt he could already make an informed decision; he didn't think there was any benefit to an existing Palm Desert citizen if the City were to annex Bermuda Dunes. He agreed that the City already had plenty to do. Just by driving around that area, he expected the $42 million cost cited in the staff report was way undervalued. Therefore, his druthers would be to make a determination that the City still wasn't interested in annexing; however, he would be willing to go along with retaining them in the City's sphere of influence. Councilman Spiegel pointed out that one of the things not discussed here was the feeling of Bermuda Dunes residents. They've been asking to be annexed by the City of Palm Desert for over 10 years —they took a vote of the people, and they don't want to go with Indio or be part of La Quinta—they want to be part of Palm Desert, which should also be given due consideration. Councilman Ferguson appreciated Mayor Kelly's proposal to keep Bermuda Dunes in the City's sphere; he didn't think there was sufficient information available yet to do anything else. He also agreed with Councilmember Finerty that before any annexation could take place, the County would be required to bring the roads up to a minimum level of service, which will be a significant cost. Additionally, there was infinitely greater potential for commercial/retail development along that corridor than there was otherwise in Redevelopment Project Area No. 4 with just one shopping center. There were also housing needs to be met, and as was illustrated during the recent General Plan process, there is not currently enough land to meet them, meaning the City will either have to go up or out. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 Mayor Kelly remarked that the housing requirement increased whenever more property was taken over. Councilman Ferguson countered that the area in question consisted of rural estate Tots, with plenty of land. He also agreed with Councilman Spiegel that even before he was on the City Council, the Bermuda Dunes Community Association has repeatedly said it wanted to be in Palm Desert —they asked La Quinta, who rejected the request, preferring instead to cherry -pick the prime spots for its housing and commercial, which disturbed him that Paim Desert sat back and allowed that to happen. He asked his colleagues to stop short of asking LAFCO to remove Bermuda Dunes from Paim Desert's sphere of influence, allow the City to work on it and get some of the benefits from the County, explore some of the other issues he raised, and when it is right, the Council at that time can decide whether or not they want to annex. But right now it was just a matter of the sphere of influence only. Mayor Pro Tem Benson noted that the County wasn't known for being generous in its negotiations, citing the little bit that was obtained when the City annexed Palm Desert Country Club —the cost to the City was far greater than that received in return after some two years of negotiating. She would go along with leaving Bermuda Dunes in the City's sphere but didn't think it should be annexed, acknowledging that, of course, those residents wanted all the improvements and amenities available to Palm Desert residents, but noting it would be at the City's expense. Councilmember Finerty moved to, by Minute Motion: 1) Direct staff to take the City's feasibility study on Bermuda Dunes to the County, get their comments on it, and negotiate the best possible agreement that would assist the City financially if it were to proceed with an annexation of the area; 2) return to the City Council with a resulting recommendation. Motion was seconded by Ferguson. Mayor Kelly was opposed to negotiating with the County, believing it would be a useless exercise and would cause him to vote against the motion. Mayor Pro Tem Benson agreed. Councilman Ferguson withdrew his second on the prior motion and substituted it by moving to, by Minute Motion, direct that LAFCO be informed that the City of Palm Desert does not wish to have Bermuda Dunes removed from its Sphere of Influence; although, Palm Desert does not wish to annex Bermuda Dunes at this point, it is not opposed to annexing the area in the future if it is financially feasible. Motion was seconded by Spiegel and carried by 5-0 vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION APPROVAL FOR TWO (2) TENTATIVE TRACT MAPS TO SUBDIVIDE 7.58 ACRES INTO 331 LOTS FOR PROPERTY LOCATED AT 73-750 COUNTRY CLUB DRIVE (APNs 620-272-014, 620-261-050, 620-251-039, 620-241-027, 620-094-026, 620-082-035, 620-131-031, 620-141-001, AND 620-151-034) Case Nos. TT 35271 and 35272 (Palm Desert Greens Association, Applicant) (Gerhard Befeld, Appellant) (Continued from the meeting of September 13, 2007). Mayor Kelly reported that Palm Desert Greens had withdrawn its application for approval on this item. Therefore, no City Council action was either required or taken. B. 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 meeting of September 27, 2007). Associate Planner Ryan Stendell reviewed the printed staff report in detail., highlighting the following: — Property currently vacant and zoned Planned Commercial Development under the Wonder Palms Master Plan Project Area 4, which emphasizes Planned Industrial land use but encourages a mix of retail and residential uses under a Conditional Use Permit. — Elevation of 162 feet likely makes the site one of the lowest in the City, several feet lower than the pad at the northwest corner of Cook Street/Gerald Ford, and about 90 feet lower than the Applebee's at the corner of Cook Street/Frank Sinatra. — Area buildings range from single -story, commercial -industrial to the newly constructed Valley Business Center at 39 feet-4 inches; the existing Hampton Inn was approved at 38 feet to the parapet and 42 feet to the two tower elements; and the two newly constructed buildings on the same block at the Village at University Park were built at 38 feet on top of a 10-foot elevated pad from the street curb. — University Campus buildings are very large, with more of that nature to be expected as the campus builds out. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 — Planning Commission considered the project at its September 4, 2007, Meeting, and approved on a 3-2 vote, believing that the site topography, proximity to the freeway and college, and design of the buildings being compatible with existing structures were attributes. Commissioners Limont and Schmidt dissented due to their general opposition to height exceptions. — Project includes the main, four-story hotel building and one, detached restaurant pad, and shares two main accesses off of Frankonia Court and also shares reciprocal access with adjacent properties already in development. — Candlewood Hotel is an extended -stay product, with slightly larger than average rooms, including a separate bedroom, and geared toward guests staying between one week and a couple of months. — Typical hotel amenities to be provided: outdoor pool/recreation area, indoor exercise area, and covered walkway connecting the restaurant to the hotel area. — Orientation of buildings places largest mass at center of property, which provides transitioning from the smaller building (restaurant) into the taller four-story building in the middle, which Architectural Review Commission (ARC) felt was an appropriate design. — ARC began this process on March 13, making it very clear to the Applicant over the ensuing four months that if four stories were to be granted, the design had to be extraordinary in all aspects —depth of architectural elements, colors, textures, and landscaping of the site. — Specific Heights included the restaurant being 20 feet high to the parapet and 28 feet to the tower. The main four-story hotel building is 44 feet-6 inches to the parapet and 52 feet to the top of the two tower elements. — Required Parking for hotels is 1.1 parking spaces/room, plus additional uses found on site, with this project consisting of the hotel and a restaurant. Hotel generates the need for 97 parking spaces, and 27 are needed for the restaurant. In past similar applications where restaurants are located on hotel sites, City has been willing go with up to a 50% reduction of the required parking for the restaurant, because many of the restaurant patrons are already hotel guests. With the 115 spaces being provided by this Applicant, the City would be allowing a 30% reduction in the required parking for the restaurant, which staff believes is reasonable. — Wonder Palms Master Plan requires its Project Area 4 be compared to the Planned Industrial Zone, which allows a height limit of 30 feet, affording Planning Commission and City Council the ability to modify those standards through the entitlement process. — Subject project meets all development standards except the height. — Proposed hotel will be well situated to serve both the needs of the community and the universities for visiting professors and administrators. Mr. Stendell closed by stating that staff recommended approval of the project, and he offered to answer any questions. Responding to question 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 about the pad height of the Hampton Inn compared to the proposed Candlewood Hotel, he said the Candlewood pad height is 4+ feet lower than the Hampton Inn pad. Therefore, he displayed a rendering to illustrate if a line were drawn between the parapet of the Hampton Inn across to the Candlewood, it would be at an approximately even height. He added that the 52-foot tower elements on the Candlewood would be higher, but it was felt they were justified to add architectural detail. Further responding to question about whether the architecture had been adjusted to dress it up, he would allow the Applicant to address that matter, with indications that they would do whatever was necessary to make it acceptable; however, they did not have anything to show yet. Upon inquiry, he confirmed that the alluvial plain where the subject project would be sited drops from south to north and from west to east. Additionally, he confirmed that if another hotel the same height as Candlewood were to build on a site equidistant to the west of Hampton Inn, it would be higher. However, he did not suggest using the Hampton Inn as the bellwether for everything in the City's northern sphere; the comparison was being made merely because the Hampton Inn was already there and provided an actual physical likeness to the subject project. Further responding, he said the D'Mundo Tile Building was 35 feet high. Councilman Ferguson felt the representative scaffolding/story poles erected in order to provide a visual perspective for this project appeared to be the same height as the D'Mundo Building, and, therefore, not the same height as the proposed project. Mr. Stendell replied there were two sets of scaffolding, and he believed the one toward the rear of the building seemed visually quite a bit taller than the Tile Building. He confirmed the front pole represented the restaurant height and tower element; the rear pole contained two flags, representing the parapet and tower element. Mayor Kelly declared the public hearing open and invited public testimony SUPPORTING or OPPOSING the subject cases. MR. MICHAEL SCHAEFER, Bakersfield, CA, asked that the Candlewood Suites project be approved, believing the project would benefit the community, and he hoped its height wouldn't become an impediment to approval. He stated that the name of their firm was Meg Garden and Associates, LLC, a small group of businesspeople passionate about the hospitality industry, with over 100 years combined experience in it. He noted that they recently finished a hotel project in the City of Barstow, which received recognition from its City Council, City Manager, other non -profits, and community leaders. He said they were fully committed to every community they work with as both developer and operator of the hotel. Candlewood Suites was an extended -stay hotel with the same parent 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 company as Holiday Inn, and he felt it was the perfect amenity for Palm Desert's University District and the business community there. He said the suites provide about 25% larger space than an average hotel room to satisfy the special, long -term -stay needs of university and business visitors at a price comparable or below many of the Palm Desert hotels that cater mainly to tourists —this would be a premium product at an affordable price for the City's University guests. Additionally, anticipating that growth of the University Campuses will bring some of the best educators in the world to Palm Desert, he said their business plan was to grow along with the Universities, noting that the site was between the University Campuses and 1-10 and calling attention to the other business uses in the immediate area. He related that design of the hotel was the result of 16 months of work and more than six development meetings with City officials and the Architectural Review Commission (ARC), which reflected a far more beautiful product than the franchise's cost effective prototype, and overall development cost for the subject project was estimated to be 30% higher than an average hotel. While this hotel would be much more expensive to develop, its desert -urban design —unique desert flavor of color and texture —fits well within the selected business community. With no similar residential -type units in the vicinity and a site being one of the City's lowest, they humbly believed it was the perfect location for this project, with sophisticated architectural design to meet Palm Desert's needs and great social benefit to the universities and academic community being built in the area. Additionally, he said the Applicant had a strong commitment to the community, all of which made the project a perfect candidate for approval. MR. MICHAEL SUN, Architect of JWDA Architecture, said his office specialized in hotel design, with completion of many hotels for Hilton, Holiday Inn, and Marriott chains. The subject project represented their third Candlewood Hotel, with the previous two being in Bakersfield and Palmdale, respectively, which were very successful and well accepted. He said a great deal of time was spent designing this hotel, and they felt fortunate to have been able to work with the City of Palm Desert and its ARC in order to explore different design techniques and elements. He said they were very proud of the resulting unique, desert-scape design, and he offered to answer questions. MR. RAY MARTIN, Landscape Designer for the project, offered to answer questions. MR. DAVID TURNER, Coachella Valley Engineers, Palm Desert, called attention to Condition No. 14 on page 5 of the proposed resolution of approval for these cases. He asked that it be amended to reflect what the Planning Commission approved on September4 and should state, "Including a six-foot sidewalk to be reviewed and approved by the Public Works 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 Director," as reflected on page 8 of those meeting minutes. He said if City Council also agreed with the change, he would like this verbiage reflected in the final conditions of approval. In response to question, MR. MARTIN confirmed that landscaping for the site would be drought -tolerant, adding that the landscape plans were stringently reviewed by the management group. He added that some of the water features were even curtailed from the original proposal, as they were well aware of the water issue. Further responding, he said there were initially three water features for the project; there was currently one. It would be similar to the rock sculpture at Gateway at the corner of Gerald Ford/Cook Street, with a rock -covered basin because an exposed basin tended to increase the amount of water evaporation. He added that the water feature would also be in a shaded environment, and the evaporation calculations were included in plans submitted to both CVWD (Coachella Valley Water District) and the City. Responding to question about the sidewalk, Mr. Stendell confirmed it amounted to changing the requirement for a meandering sidewalk to a straight sidewalk, because a straight sidewalk already existed at the location. Therefore, staff proposed leaving the condition open to the Director of Public Works' determination, and he apologized for not correcting the condition in the resolution presented here. MR. TURNER further responded that his firm was not opposed to the concept of a meandering sidewalk. The only reason they asked for it was because a straight sidewalk already existed there all the way from the corner of Cook Street/Gerald Ford Drive, across the gas station site, the proposed restaurant and hotel sites, and the D'Mundo Tile site. Therefore, if the project was conditioned to install a meandering sidewalk, it would only represent about a 250-foot stretch, with everything up to it and beyond being straight sidewalk. Since sidewalk already existed there was the reason they asked for an amended condition. Mr. Greenwood offered he believed it would be wasteful to remove the existing sidewalk and proposed that the straight sidewalk be left in place. MR. JOHN WANG likened the subject project to the way people are arranged in a photograph, shortest to tallest, so that it's symmetrical, and it amounted to perspective. He felt there was no doubt that they were asking for a variance in height here, illustrating his point by displaying a photograph he took when leaving the hotel site today while waiting to make a left turn at the intersection of Gerald Ford/Cook Street. He noted that at this location, Hampton Inn was not visible from behind the Arco-AM/PM gas station, even though it was a three-story building. Therefore, because of the site location 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 and the surrounding buildings, including those to come at the University Campuses and business area, it will serve to "bury" their hotel project, and he asked that this be taken into consideration for approval of their height exception request. With no further public testimony offered, Mayor Kelly declared the public hearing closed. Mayor Pro Tem Benson said she wished to revisit the issue of the hotel's design, it was only 88 rooms but very boxy looking. Acknowledging Mr. Stendell's comment that the Applicant would be willing to do further work with the design, she said when she met with Mr. Yang, she suggested that they incorporate some type of a porte cochere at the hotel's entrance as a distinguishing feature, similar to the Residence Inn's, which even includes an artwork. She called attention to some of the other buildings along Cook Street that have incorporated rockwork and other elements to add interest. Whereas, the subject project only included painted stucco treatment, and she felt it looked terrible. She believed other treatments could be applied to enhance the front of the hotel, comparing the single -story Windemere Building at the intersection of Cook Street/Hovley Lane that utilizes elements to dress it up, which she felt could be carried beyond one story. Right now, the subject project was too plain. She would rather see the Applicant put more money into the project, reduce it by one story, if necessary, and raise the room rate. As she told Mr. Yang, she was worried that if the rooms were only $88, the patrons will treat the property as such; it will deteriorate faster. She said if it had to be four stories, she would be willing to go for it in that location, but it had to be a better -looking building first. Councilmember Finerty noted that when she met with Mr. Yang, she, too, suggested that he lower the project to three stories and raise the room rate. She felt the City had done its part in the North Sphere for this type of hotel, with the Hampton Inn, Courtyard, and Residence Inn, but when height exceptions were considered, there was supposed to be a compelling reason for them. To her, the project was not special architecture; the design was not extraordinary. She believed the ordinances were in place for a reason, and one of the problems with the exception clause was that it led to more exceptions. The City allowed three stories with the Hampton Inn, now four stories were being requested; and if four stories were allowed, next time the request will be for five. She felt the City Council needed to stand behind the ordinance as is. Councilman Spiegel disagreed with Mayor Pro Tem Benson —he didn't think the design was terrible. He felt an extended -stay hotel in the subject area would be beneficial to the City; both Cal State and UCR (University of California, Riverside) will be able to use the facilities for visiting professors, 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 and a friendly rate was important too. He agreed that he wouldn't want a four-story hotel in hardly any other place in the City, but because of its location backing up against the freeway, which didn't bother him at all and didn't impact anyone's view corridor from anywhere. He felt it was a good project and supported it. Councilman Ferguson commented on Mr. Wang's remark that there was no doubt they were seeking a variance from the City's height standard. He stated the City Attorney knew that a "variance" is a term of legal art. To comply with the requirements for the finding of a variance, a unique set of circumstances was needed, unlike those that were within the ambit of the ordinance and were unforeseen at the time of the drafting of the ordinance; and the application of the ordinance to this particular application would work an extreme and undue hardship on the Applicant. He didn't feel that the Applicant could make that finding based on the evidence presented tonight, of which he felt they were aware. In fact, he seriously doubted that there was a legal basis for an "exception," other than it was a convenient way for the City to approve an application when it wanted to, which he didn't think was an appropriate legal standard either. The City Council was hearing that it needed low-cost rooms, and he didn't disagree with that or with Mayor Pro Tem Benson's desire for better architecture. However, there was also an ordinance that states how high buildings should be in the City of Palm Desert; and if the City doesn't like that in the industrial zone by the freeway, then the zoning should be changed and the height limit raised. But he didn't think a finding for a variance had been made, nor did he think an exception existed. Even if the rule of thumb articulated by staff over the years as to what it takes to meet an exception was applied, he believed it needed to be something extraordinary for the City in exchange for it looking the other way on the ordinance, again, the legitimacy of which he questioned. By his calculations, 80 rooms at $88/night equals $7.50 in T.O.T. (Transient Occupancy Tax); and taking the average daily occupancy rate, cumulatively, it meant $140,000/year in T.O.T. This coupled with architecture, with which he agreed wholeheartedly with Mayor Pro Tem Benson, that was not a "wow" was no reason to ignore the City's height ordinance. Therefore, he would not vote in favor of this development, not because it wasn't needed, but because he felt a lot more effort could have been put into it. If it was their desire to exceed the height limit, they should have said so and requested a Change of Zone for a hotel overlay, perhaps, to provide for traveling hotels near the freeway, which he would be willing to consider. But he couldn't stomach granting an exception for something that wasn't spectacular. Mayor Kelly said to him, the height of a specific building wasn't as important as its relation to surrounding buildings. Therefore, because this site was down in kind of a hole, there would be several buildings around it that would be higher if measured from sea level. As far as exceptions for height, he 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 believed the Marriott was seven or eight stories, with the reason for variances being a way to reconcile actual height and surroundings. Additionally, he noted the Architectural Review Commission (ARC) spent a lot of time on this project, having considered it five times. Therefore, hearing comments that this was a bad -looking building and bad architecture, dismayed him. He felt ARC had been doing a good job lately and working very hard on projects like this one. From his perspective, this project didn't look like only plaster but included some rockwork, and the building had a lot of design to it, like around the windows. He didn't think it looked like the Esmeralda (Indian Wells) but looked like a well-done project; he hoped members of ARC didn't get any of tonight's quotes, because he thought they'd been doing a nice job. 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. Motion was seconded by Kelly. Mayor Pro Tem Benson interjected that she'd rather have the project go back to see how it could be improved. She agreed it was needed in that area, and she was not concerned with the height if it looked better, but she couldn't support it currently. She felt they could improve the architecture more than merely painted stucco, as that was fairly commonplace. She reiterated that it also needed a defined entrance. Mayor Kelly said he would grant an exception for the Applicant and reopened the public hearing for further remarks. MR. WANG assured Mayor Pro Tem Benson that her comments were not ignored, but they were unable to provide different renderings in such a short period of time. Additionally, he offered that ARC had requested the project return for some final tweaking on the colors after it was approved by City Council. Responding to City Council comments, Mr. Stendell said ARC had asked to see a final color palette, after working through five different ones trying to get to a desert theme. ARC's direction was that upon final approval, it be allowed to see a final color palette in order to make sure it was desert oriented. He said the Applicant's first several color palettes were very Orange County- and Los Angeles-themed, and aftertransitioning them to this point, ARC wanted to see the final colors before permits were issued. MR. WANG offered that since ARC wanted to see the project again anyway, he suggested Mayor Pro Tem Benson's recommendation be included in that review. Upon question, he agreed that if a continuance was granted, they 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 would work with Mayor Pro Tem Benson or any of the City Councilmembers and return with a design alternative. In light of the aforementioned discussion, Councilman Spiegel substituted his previous motion with one to continue the subject public hearing to the meeting of November 8, 2007. Motion was seconded by Benson and carried by a 4-1 vote, with Ferguson voting NO. C. REQUEST FOR APPROVAL OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN (CVMSHCP/NCCP) AND IMPLEMENTING AGREEMENT, CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (EIR) AND A MEMORANDUM OF UNDERSTANDING (MOU) TO EXTEND THE COACHELLA VALLEY FRINGE -TOED LIZARD PERMIT TO ALLOW COMPLETION OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN, INCLUDING MEASURES FOR CONTINUED CONSERVATION OF THE COACHELLA VALLEY FRINGE -TOED LIZARD. Councilman Ferguson noted for the record that he had a conflict of interest and would be recusing himself from consideration of the Multiple Species Habitat Conservation Plan and related actions due to his representation of clients with an interest in the outcome. He left the Council Chamber. (Councilman Ferguson was absent for the remainder of the meeting.) Associate Planner Renee Schrader reviewed the printed staff report for this item. She said approval of the staff recommendation would allow the City to participate in the Coachella Valley Association of Government's (CVAG) ongoing efforts to conserve natural resources, resulting in sustainable quality of life regionally. Designated in the Plan were measures for the protection of multiple species and associated biological communities, and staff recommended it and the associated items be approved. She noted that this issue has been an ongoing study by CVAG for the past 12 years and was put to a vote in June 2006, but the City of Desert Hot Springs decided not to participate, and a revised version of the Plan was developed. She affirmed that everything presented with her report had been before the City Council last year; and this time around, it wouldn't really affect the City of Palm Desert much. She offered to answer questions and advised that there were also representatives from CVAG in the audience that could provide more information if necessary. Upon inquiry, she said she understood that the Plan now being considered was virtually the same as approved last year, with the exception of stating that the City of Desert Hot Springs and the Cabazon Band of Mission Indians have abstained. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 Mayor Kelly declared the public hearing open and invited testimony IN FAVOR OF or IN OPPOSITION TO this consideration. With no public testimony offered, he declared the public hearing closed. Councilman Spiegel moved to: 1) Waive further reading and adopt: a) Resolution No. 07-69, making responsible agency findings pursuant to CEQA; b) Resolution No. 07-70, establishing procedures for implementation of the Coachella Valley Multiple Species Habitat Conservation Plan; 2) by Minute Motion, approve an MOU to extend the Coachella Valley Fringe -toed Lizard Permit. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. D. REQUEST FOR APPROVAL OF A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE, ADDING AND AMENDING SECTION 25.64, ALLOWING HELIPORTS, HELICOPTER FIELDS, AND HELISTOPS WITH A TEMPORARY USE PERMIT WITHIN NON-RESIDENTIAL ZONES IN THE CITY Case No. ZOA 07-02 (City of Palm Desert, Applicant). Ms. Aylaian stated the proposed amendment represented a request from the Planning Commission earlier this year that helicopter landing pads, heliports, and helistops be banned from residential districts. Therefore, a proposed ordinance was brought to the Planning Commission, which upon further reflection, requested that not only these uses be banned in residential areas, but that they be strictly controlled in commercial areas as well. Afterward, staff returned with an amendment to the Zoning Ordinance as proposed here, prohibiting helicopter landings except in Commercial, Service - Industrial, or Public/Institutional zones, with Temporary Use Permits specific to that activity. Upon inquiry, she affirmed that if someone wanted to land a helicopter at Westfield, they would have to get a permit. In further response to question about the proposed Sheriff's Station, which would include an emergency heliport, she said that project will be required to go through a Change of Zone and Conditional Use Permit process, and they could apply for a helicopter landing pad as one of the conditions that can be considered during that public hearing process —it could be made a part of their Conditional Use Permit and the re -zone to Public/Institutional. Councilmember Finerty commented that in speaking with members of the Sheriff's Department, she was under the impression that the majority of helicopter take -offs and landings would be based out of the new station in Thermal. The Palm Desert Station would handle very minimal activity like that. Ms. Aylaian confirmed that was also her understanding. Mayor Kelly declared the public hearing open and invited public testimony SUPPORTING or OPPOSING the subject case. With no public testimony offered, he declared the public hearing closed. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 Councilmember Finerty moved to waive further reading and pass Ordinance No. 1144 to second reading, approving a notice of exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code, adding to and amending Section 25.64 to allow Helicopter Fields, Heliports, and Helistops with a Temporary Use Permit only within Commercial, Industrial, and Public/Institutional Zones in the City. Motion was seconded by Benson and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department On behalf of the City Council, Mayor Kelly presented a framed proclamation declaring the week of October 7-13, 2007, as "Fire Prevention Week" in the City of Palm Desert to Battalion Chief Rios. Mayor Kelly went on to say that he visited some of the "Mini -Muster" activities this week where the Fire Department and Historical Society are working closely together. He felt there was no better way to encourage families to become fire safe than by having their youngsters participate in the "Mini -Muster" and become enthused about fire prevention. o Police Department None 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. 1. Consideration of Request for Sponsorship of Palm Desert Volunteers at the November 1, 2007, RSVP "Honoring Our Corps of Five Star Volunteers" Event (Mayor Richard S. Kelly). Councilmember Finerty commented that in reading the subject request for $2,840, she questioned how that was calculated when the request later said they have 264 volunteers but ask for the City's sponsorship of one-half of those who are Palm Desert residents at $10 each. Responding to question, she said she planned to attend the luncheon in order to become familiar with the organization. Mayor Kelly noted the organization did tremendous work, and with the amount of volunteer time that went into it, whatever the amount, it was well earned. He felt it would be a good thing for the City Council to approve it and left staff determine how much it is actually. Councilmember Finerty said after reading about the service RSVP provides and believing strongly in it, she would like to request that an annual contribution in the amount of $2,500 be set aside in the City's yearly budget. That way RSVP would be able to plan on the funding for its budget. She also referred back to the comments she made under Section X - Consent Calendar Item I - Easter Bowl Funding. She realized that RSVP should be considered in a different category as strictly volunteers, and the City wouldn't be as wonderful without them. Councilmember Finerty moved to, by Minute Motion: 1) Direct that a contribution of $2,500 to RSVP for its annual appreciation event be added to all future City budgets for planning purposes; 2) approved the request for the November 1, 2007, Event in the amount of $2,840. Motion was seconded by Benson. Mayor Pro Tem Benson agreed that this was another contribution that needed to be considered in the overall program for charitable purposes. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 Mayor Kelly called for the vote on the motion, and it carried 3-0, with Ferguson and Spiegel ABSENT. 2. Reauest for Date(s) for Touring Community/Fitness Centers in Southern California (Mayor Richard S. Kelly). Mayor Kelly noted that the two dates that were preselected for the tours were November 15 and December 6. Councilmember Finerty stated as a result of the earlier meetings in San Francisco regarding energy issues, there will be repeat meetings on November 15-16. Therefore, November 15 would not work, and she believed the City Manager would also be part of those meetings. However, December 6 was fine with her schedule. Mayor Kelly noted that since it was difficult to get a second date, he suggested scheduling December 6 to see as much as possible, then try for another date later if it was needed. With City Council concurrence, decided that a tour would be scheduled for Thursday, December 6, and if another one was needed, it would be scheduled later. 3. Sian Ordinance Review — Councilmember Finerty stated that Councilman Ferguson had asked her to relay his willingness to serve on an ad hoc committee to review the City's Sign Ordinance, should the City Manager decide to form such a group, as suggested by Mr. Baxley earlier in the meeting. o City Council Committee Reports: None o City Council Comments: None 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 XIX. ADJOURNMENT With City Council concurrence, Mayor Kelly adjourned the meeting at 6:16 p.m. ATTEST: �t. RAACHELLE D. KLASSE , ITY CLERK CITY OF PALM DESERT, CALIFORNIA ARD S. ELLY, MAYOR 34