HomeMy WebLinkAbout2008-07-10MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 10, 2008
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Benson convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Councilman Jim Ferguson
Councilmember Cindy Finerty
Councilman Richard S. Kelly
Mayor Pro Tem Robert A. Spiegel
Mayor Jean M. Benson
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
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
David Yrigoyen, Director of Redevelopment & Housing
Frankie Riddle, Director of Special Programs
J. Luis Espinoza, Assistant Finance Director
John Rios, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
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Councilman Kelly requested an item be added to the agenda for Closed Session
consideration, having to do with an employee complaint.
Mr. Erwin noted Councilman Kelly's item would be a matter of Personnel. He
further asked for the City Council's consideration of adding another two cases of
potential litigation pursuant to Government Code Section 54956.9(b), making a total
of four (4) cases.
Councilmember Finerty asked for an additional property negotiation item for a
five -acre hillside property owned by John McCormick.
Mr. Erwin advised that a parcel number was required to be announced in order to
add and list the item on the agenda; but perhaps staff could look it up, and it could
be added.
Upon motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, the
aforementioned items were added to the agenda for Closed Session consideration.
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Lease Property - Henderson Community Building -
72559 Highway 111, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Palm Desert Chamber of Commerce
Under Negotiation: x Price x Terms of Payment
2) Property: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 205, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: State of Califomia, Department of General Services,
For Coachella Valley Mountains Conservancy
Under Negotiation: x Price x Terms of Payment
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ADDED BY 5-0 VOTE OF THE CITY COUNCIL:
3) Property: APN 628-120-001
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: John McCormick
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2 + 2
Public Employment Performance/Complaint pursuant to Government Code
Section 54957(b)(1)
On a motion by Spiegel, second by Ferguson, and unanimous vote of the City
Council, Mayor Benson adjourned the meeting to Closed Session at 3:03 p.m. She
reconvened the meeting at 4:00 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Erwin reported the parcel number for one property discussed by City
Council in Closed Session: Assessor's Parcel Number (APN) 628-120-001.
He said there was no other reportable action.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE
UNITED STATES OF AMERICA - Mayor Jean M. Benson
VII. INVOCATION - Councilmember Cindy Finerty
VIII. ORAL COMMUNICATIONS - B
MR. KOMRON SHAHHOSSEINI, representing Oakmont Senior Living,
220 Concourse Boulevard, Santa Rosa, CA 95403, recalled for City Council the
Conditional Use Permit Hearing for their project at the May 22 meeting where it was
approved 5-0. Further, he said one of the conditions of approval for their project
was a Maintenance Agreement with the Merano Homeowners Association (HOA);
however, they were having trouble with that. They experienced some major time
delays, and the Merano HOA is being uncooperative. He understood that the City
Council was going dark until August 28, but they were faced with some time
constraints in the meantime, including closing on the property scheduled for July 23,
as well as needing to pull permits. Because it was a condition of approval, Oakmont
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didn't yet own the property, now it couldn't close or pull permits, and it was causing
significant hardship. In terms of the Maintenance Agreement, he said Merano was
taking an exceedingly long time to review and provide comments on the
agreement —three months total ongoing. Additionally, the Maintenance Agreement
itself is extremely unreasonable, asking for things that have no nexus to the intent.
He said as explained by President of the Merano HOA Michael Carly during the
May 22 Hearing, the Maintenance Agreement was for the purpose of the retention
basin, the center median and either side of the street at Via Scena, and Oakmont
had no problem sharing the costs for maintenance of any of those areas. However,
Merano was asking Oakmont for 50% of the insurance for the Merano HOA and
50% of the cost to maintain Merano's interior common area. He asked if there was
anything the City Council could do between now and August 28.
Mr. Ortega commented that after speaking with the City Attomey, he learned that
because the condition was adopted at a public hearing, the only way it could be
reconsidered would be at another public hearing. In documentation provided to him,
he agreed that items were included that fell outside the nexus of what would be
required of the developer, including the payments mentioned that have nothing to
do with the Oakmont project. Responding to question, he said because Oakmont
cannot close on the project and it cannot be reconsidered at this time, if City Council
wished to do so, it could reconsider that condition on a future agenda after notifying
all the affected parties. In response to question, he said he had not talked with
Merano representatives, as this was something that just arose late last week. He
had advised Mr. Shahhosseini that in order to address it, he needed to come before
City Council to make a request for reconsideration of the Maintenance Agreement
condition, reiterating that it could only be done by way of reconvening a public
hearing for that purpose.
Councilman Ferguson added that with a public hearing comes newspaper
publication and notice to affected parties, and even if it had a meeting on July 24,
City Council couldn't do it that quickly. It would be in August either way, and
Mr. Shahhosseini would still be in the same bind.
Mayor Pro Tem Spiegel suggested Mr. Shahhosseini work with staff and the
Merano HOA in order for the two parties to come to an agreement, and if approved
by the two parties, Oakmont could go forward.
Mr. Ortega noted Oakmont could not go forward unless Council amended the
condition. But he felt if someone from the City served as referee, such as the City
Manager, Director of Community Development, or both, to facilitate both parties
coming to a reasonable agreement, then Oakmont could comply with the condition
and close escrow.
Responding to comment, Mr. Erwin said assuming Mr. Ortega served as mediator
for putting together an agreement that satisfied the condition, then the problem
would be solved. He further agreed it could happen in the next couple of weeks.
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Mayor Pro Tem Spiegel said that would be his recommendation.
Councilmember Finerty added she felt Merano needed to be brought into the
negotiation and someone there needed to say why they're disputing this condition
imposed by the City Council. She believed staff was clear on the intent.
Mayor Benson agreed the intent was clear at the time that it was just for the
retention basin, nothing else was added.
MR. SHAHHOSSEINI remarked that language in the May 22 Minutes, where
Michael Carly was present for the meeting, explained exactly what was to be
included in the Maintenance Agreement; it was Oakmont's understanding of that
direction, which was included in the agreement sent to Merano originally.
Mayor Benson felt staff needed to advise Merano that it was holding the Oakmont
project hostage for terms that the City Council didn't impose.
Mr. Ortega believed that would be helpful.
Councilman Ferguson added that if the City Council was forced to bring it back, it
will be made unambiguously clear —the condition wasn't included so that Merano
could ransom someone else for maintenance, which they were properly responsible
for.
MR. SHAHHOSSEINI requested an August 28 hearing date if necessary.
City Councilmembers concurred.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMENT TO THE UNIVERSITY PLANNING COMMITTEE.
Rec: By Minute Motion, make an appointment to the University Planning
Committee to serve as Chair in the position formerly held by
David Tschopp.
Mayor Pro Tem Spiegel moved to, by Minute Motion, appoint Van Tanner, current
Chair of the Planning Commission, to serve as Chair of the University Planning Committee.
Motion was seconded by Kelly and carried by a 5-0 vote.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 26, 2008.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 278, 280, 284, and 285.
Rec: Approve as presented.
C. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Library Promotion Committee Meeting of February 20, 2008.
2. Marketing Committee Meeting of May 20, 2008.
3. Public Safety Commission Meeting of May 14, 2008.
Rec: Receive and file.
D. DESIGNATION of Voting Delegate and Alternate for the League of California
Cities Annual Conference — September 24-27, 2008, in Long Beach.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
E. REQUEST FOR AUTHORIZATION for Rental of Bucket Truck for Traffic
Signal Maintenance Personnel.
Rec: By Minute Motion, authorize rental of a bucket truck from Terex
Utilities, Fontana, California, at a cost of $2,050/month, plus delivery
costs not to exceed $300, for the City's Traffic Signal Maintenance
Personnel for a period not to exceed 12 months — funds are available
in Account No. 110-4250-433-3325.
F. REQUEST FOR AUTHORIZATION to Cancel Contract with Arakawa
Nursery and Re -award Contract to The Color Connection for Annual
Fall 2008 and Spring 2009 Color Flowering Plants for the El Paseo Medians
and Civic Center Park (Contract No. C27460, Project No. 930-08).
Rec: By Minute Motion, authorize: 1) Cancellation of the subject contract
with Arakawa Nursery, Corona, Califomia, in the amount of
$14,961.34 due to vendor non-performance; 2) award of Contract
No. C27460A to the second -lowest bidder for the project, The Color
Connection, Hemet, Califomia, in the amount of $20,840.05 — funds
are available in Account Nos. 110-4610-453-2190 and
110-4614-453-3370.
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G. REQUEST FOR APPROVAL of Amendment No. 3 to Contract No. C22170
For Preparation of Environmental Impact Report (EIR) for the Proposed
"Cornishe At Bighorn" Project.
Rec: By Minute Motion, approve Amendment No. 3 in the amount of
$5,000 to the subject contract with PCR Services, Santa Monica,
Califomia, for extra GIS work required for the Final EIR of the
"Cornishe At Bighorn" Project, and with the City's costs associated
with said Amendment, as with all EIR work to date, to be reimbursed
by the Applicant, Comishe At Bighorn, LLC.
H. REQUEST FOR APPROVAL of the SunLine Transit Agency Bus Shelter
Maintenance Agreement (Contract No. C27870).
Rec: By Minute Motion: 1) Approve the Bus Shelter Maintenance
Agreement between the City of Palm Desert and SunLine Transit
Agency, Thousand Palms, California; 2) appropriate FY 2007-2008
Funds in the amount of $45,930.42 from Account
No. 110-4132-411-3090 — funds for FY 2008-2009 were included in
the Budget Proposal approved at the City Council Meeting June 26,
2008.
I. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU)
Between the Volunteer Center of Riverside County and the City of
Palm Desert as it Relates to Participation in the 2-1-1 Riverside County
Program for Information and Referral Services for County Residents
(Contract No. C27880).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
J. REQUEST FOR APPROVAL of Contract with Riverside County Economic
Development Agency (RCEDA) for Sponsorship of the 2009 Riverside
County Fair and National Date Festival (Contract No. C27890).
Rec: By Minute Motion, approve the subject contract with RCEDA in the
amount of $10,000 to sponsor the 2009 Riverside County Fair and
National Date Festival, scheduled to be held February 13-22, 2009,
and authorize the Mayor to execute same — funds are available in
Account No. 110-4416-414-3061.
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K. INFORMATIONAL REPORT on Landscaping & Lighting Districts and
Homeowners Associations.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
Councilman Kelly requested Item D be discussed separately,
Councilmember Finerty requested Item I be discussed separately, and Mayor
Pro Tem Spiegel requested Item K be removed for separate consideration.
Upon motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, the
remainder of the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
D. DESIGNATION of Voting Delegate and Alternate for the League of California
Cities Annual Conference — September 24-27, 2008, in Long Beach.
Councilman Kelly stated he would not be attending the subject conference
and requested to be removed as the Alternate.
Councilman Kelly moved to, by Minute Motion, designate Mayor Pro Tem Robert
A. Spiegel as Voting Delegate at the League of California Cities Annual Conference 2008.
Motion was seconded by Finerty and carried by a 5-0 vote.
I. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU)
Between the Volunteer Center of Riverside County and the City of
Palm Desert as it Relates to Participation in the 2-1-1 Riverside County
Program for Information and Referral Services for County Residents
(Contract No. C27880).
i Councilmember Finerty wondered how the residents were made aware of the
800 or 2-1-1 number, because she had never heard of them.
Mayor Benson responded the number was published in the City's newsletter
when it was first inaugurated. She said the Human and Community
Resources Committee recently received a report on the 2-1-1 number, and
it seemed the number was being used.
Ms. Gilligan noted different agencies referred to the 2-1-1 program. She
thought it was a great idea to publish it in the Brightside Newsletter a couple
of times a year to remind people of the services available.
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Mayor Benson noted a book with all their services will be published in a
bound form for easy use, and it will be available at the library and other
agencies.
Councilmember Finerty moved to, by Minute Motion, authorize the Mayor to execute
the subject MOU between the Volunteer Center of Riverside County and the City of Palm
Desert; 2) appropriate $6,467.76 from the Unobligated General Fund to Account
No. 110-4159-415-3090 for this purpose. Motion was seconded by Spiegel and carried by
a 5-0 vote.
K. INFORMATIONAL REPORT on Landscaping & Lighting Districts (LLD's) and
Homeowners Associations (HOA).
Mayor Pro Tem Spiegel stated this item was about homeowner associations
versus landscape and lighting districts. He said staff indicated it was difficult
to convert a Landscape Lighting District to a HOA because it would require
100% approval. However, he wished to pursue the second option given by
staff, which was to attempt to change State law regarding formation of
HOA's.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Receive and file the report;
2) direct staff to pursue changing State law regarding formation of homeowners
associations following the sale of homes from the original developer. Motion was
seconded by Kelly and carried by a 5-0 vote.
XII. RESOLUTIONS
A. RESOLUTION NO. 08-67 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL
YEAR 2007-2008 BUDGET TO PROVIDE ADDITIONAL APPROPRIATIONS
FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT, FIRE TAX,
GOLF COURSE MAINTENANCE FUNDS, AND OFFICE COMPLEX-
PARKVIEW FUND.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution
No. 08-67. Motion was seconded by Finerty and carried by a 5-0 vote.
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XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1160 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING A CONVENIENCE
FEE FOR ON-LINE PAYMENTS MADE THROUGH THE CITY'S WEBSITE
OF $5.00 FOR RESIDENTIAL AND BUSINESS CUSTOMERS AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Pro Tem Spiegel stated he was against this Ordinance. He said to be
able to pay for a license fee or renewal via the Internet was a convenience,
and the City shouldn't charge its businesses a $5.00 service fee, because
they were the City's main revenue source.
Mayor Pro Tem Spiegel moved to, by Minute Motion, deny the recommendation.
Motion was seconded by Kelly.
vote.
Councilmember Finerty clarified the motion was to allow for the payments to
be made via the Internet but not charge the $5.00 service fee.
Councilman Ferguson concurred. He said it was the City's job to make
government accessible and make services easy for residents to use, and to
charge a resident/business for the privilege was against his way of thinking.
Mrs. Klassen announced the motion to deny the recommendation carried by a 5-0
B. ORDINANCE NO. 1161 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.12 -
TRASH ENCLOSURES, SECTION 8.12.030 AND SECTION 8.12.040, OF
THE PALM DESERT MUNICIPAL CODE.
Mayor Pro Tem Spiegel moved to waive further reading and pass Ordinance
No. 1161 to second reading. Motion was seconded by Kelly and carried by a 5-0 vote.
For Adoption:
A. ORDINANCE NO. 1150A - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
CHAPTER 5.100 OF THE PALM DESERT MUNICIPAL CODE RELATED
TO ENTERTAINMENT PERMITS IN SAID CITY.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No.
1150A. Motion was seconded by Finerty and carried by a 5-0 vote.
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B. ORDINANCE NO. 1158 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT FORA NEW THREE-STORY, 106-ROOM,
BOUTIQUE HOTEL AND TWO-STORY CONDOMINIUM UNIT, INCLUDING
SIXTEEN 3-BEDROOM LOCKOUT ROOMS (48 KEYS MAXIMUM),
TOTALING A MAXIMUM OF 154 UNITS/KEYS, PURSUANT TO
EXHIBIT "A" ATTACHED Case No. DA 07-02 (Larkspur Associates, LLC,
and Palm Desert Redevelopment Agency, Applicants).
Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance
No. 1158. Motion was seconded by Finerty and carried by a 5-0 vote.
C. ORDINANCE NO. 1159 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE
NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE
FROM PLANNED RESIDENTIAL-5 (P.R.-5) TO PUBLIC INSTITUTION (P),
PURSUANT TO EXHIBIT "A" ATTACHED Case No. C/Z 08-10 (Palm Desert
Redevelopment Agency and County of Riverside - Department of Facilities
Management, Applicants).
Councilman Kelly moved to waive further reading and adopt Ordinance No. 1159.
Motion was seconded by Ferguson and carried by a 5-0 vote.
Mayor Pro Tem Spiegel stated this item was for the new police station.
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, THE
YMCA OF THE DESERT, AND THE CITY OF PALM DESERT AS IT
RELATES TO PARTICIPATION IN AN AFTER -SCHOOL PROGRAM AT
LINCOLN ELEMENTARY SCHOOL (CONTRACT NO. C27900).
Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the Mayor to execute
the subject MOU between Desert Sands Unified School District, YMCA of the Desert, and
City of Palm Desert as it relates to participation in an After -School Program at Lincoln
Elementary School — funds in the amount of $89,616 for this purpose have been approved
in the FY 2008-2009 Budget. Motion was seconded by Kelly and carried by a 5-0 vote.
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B. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT,
PALM DESERT MIDDLE SCHOOL, AND THE CITY OF PALM DESERT AS
IT RELATES TO PARTICIPATION IN AN AFTER -SCHOOL PROGRAM AT
PALM DESERT MIDDLE SCHOOL (CONTRACT NO. C27910).
Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the Mayor to execute
the subject MOU between Desert Sands Unified School District, Palm Desert Middle
School, and City of Palm Desert as it relates to participation in an After -School Program
at Palm Desert Middle School — funds in the amount of $96,000 for this purpose have been
approved in the FY 2008-2009 Budget. Motion was seconded by Kelly and carried by a
5-0 vote.
C. REQUEST FOR AUTHORIZATION FOR THE CITY MANAGER TO AWARD
BIDS FOR THE RECYCLED WATER FILTRATION SYSTEM AT
DESERT WILLOW (CONTRACT NO. C27920).
Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the City Manager to
award bids for the recycled water filtration system at Desert Willow and appropriate said
bid amount from Account No. 241-4195-495-8092. Motion was seconded by Kelly and
carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF CONTRACT WITH THE COUNTY OF
RIVERSIDE TO PROVIDE LAW ENFORCEMENT SERVICES TO THE
CITY OF PALM DESERT FOR THE NEXT FIVE YEARS (JULY 1, 2008 -
JUNE 30, 2013) (CONTRACT NO. C27930).
Councilmember Finerty moved to, by Minute Motion, approve the subject contract
between the City of Palm Desert (City) and the County of Riverside (County) on behalf of
its Sheriffs Department to provide law enforcement services to the City for the next five
years, and authorize the Mayor to execute same — staffing levels and ancillary expenses
are at the level approved by the City Council for FY 2008-2009 at its meeting of June 26,
2008. Motion died for lack of a second.
Responding to question, Mr. Ortega said the contract was for five years, but
if appropriate notification was given by March, the City could cancel.
Councilman Ferguson stated the contract had the same draconian one-year
opt out requirement as the Palm Springs Desert Resorts Convention &
Visitors Authority (CVA) where it required a 12-month notice with an effective
date of July 1. He asked why it was difficult to get out of the agreement, and
why it had to be for five -years.
Mr. Ortega said it was his understanding that if notification was given by
March, it would be a 90-day notification.
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Councilman Ferguson stated paragraph 1.3 of the proposed agreement
stated otherwise.
Mr. Ortega responded he was referring to the existing agreement.
Councilman Ferguson offered a substitute motion for a 90-day termination
notice requirement instead of a 12-month termination notice requirement.
Responding to question, Mr. Ortega reiterated the current contract had a
90-day termination notice requirement. He said Council was not authorized
to commit itself to payment of a contract beyond that fiscal year, so even
though the proposed agreement indicated it was a five-year contract, Council
would have to consider it every year when approving the budget.
Councilman Kelly questioned why it was written for five years.
Mayor Benson stated the contract was reviewed every year.
Councilman Ferguson agreed that in general the contract was reviewed, but
this time he didn't like it. He said the County had a new Sheriff, and it was a
new contract for him. He was uncomfortable with a five-year contract
because other contracts were not Tong -term.
Mr. Ortega recalled all past agreements with the Sheriffs Department were
long-term; however, he agreed the termination clause was needed because
Council could not be committed beyond its current fiscal year.
Councilman Ferguson moved to, by Minute Motion, approve the subject contract
between the City of Palm Desert (City) and the County of Riverside (County) on behalf of
its Sheriffs Department to provide law enforcement services to the City for a term of three
years, and authorize the Mayor to execute same — staffing levels and ancillary expenses
are at the level approved by the City Council for FY 2008-2009 at its meeting of June 26,
2008.
Responding to comment, Councilman Ferguson said he didn't want to
establish a standard for Tong -term contracting and then have the trash
company or Desert Willow wanting the same. He said it would bind the
future Council, which he wasn't comfortable doing.
Councilmember Finerty stated that precedence had already been set.
Responding to question, Mr. Ortega said the current contract expired on
June 30, so the City technically didn't have a contract.
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Ms. Gilligan confirmed the Sheriffs Department wanted a five-year
agreement for consistency, but didn't think they would have a problem with
a three-year agreement. She said the new contract reflected changes made
by Council on an annual basis as part of the budget and nothing had
changed this year. She prepared the staff report on behalf of Finance
Director Paul Gibson, and she reviewed the contract to make sure it was
meeting the needs of the City; she said the contract needed to be ratified to
be effective July 1, 2008.
Councilman Ferguson had no problem with the contract on July 1, and if the
Sheriffs Department had a problem with a three-year term, they could raise
that issue, but he felt this contract was renewed yearly without the scrutiny
it deserved. He said going from a 12-month to a 3-month opt -out was similar
to what the City went through with the CVA, and he didn't want to experience
the same with the Sheriffs Department.
Councilman Ferguson amended his motion to include commencement of the
contract to be July 1, 2008, and a termination clause of not less than 90 days' written
notice by either party prior to July 1 of the next fiscal year. Mayor Pro Tem Spiegel
seconded the motion, and it carried by a 5-0 vote.
E. REQUEST FOR ACCEPTANCE OF THE STATE OFFICE OF TRAFFIC
SAFETY (O.T.S.) 2009 GRANT IN THE AMOUNT OF $111,706 TO
SUPPORT THE PALM DESERT POLICE DEPARTMENT IN REDUCING
INTOXICATED DRIVERS IN THE CITY (CONTRACT NO. C27940).
Mayor Pro Tem Spiegel moved to, by Minute Motion, accept grant from the O.T.S.
to support the Palm Desert Police in reducing intoxicated drivers on the streets of Palm
Desert — grant amount of $111,706 begins October 1, 2008, and continues through
September 30, 2009, with funding to be provided through O.T.S. on a reimbursable basis.
Motion was seconded by Finerty.
Mayor Benson stated that in reviewing the various operations planned by the
Department, she thought some type of high school program could be
incorporated and included as part of the mission.
Assistant Chief Frank Taylor agreed and thought a great connection would
be their biannual "Every 50-Minute Program."
Mayor Benson suggested having students attend a class prior to them
obtaining their driver's license.
Chief Taylor agreed to set up some type of program.
Mayor Benson called for vote, and the motion carried by a 5-0 vote.
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F. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS FOR PARKING
LOT SWEEPING SERVICES FOR CITY -OWNED PARKING LOTS, RE -BID
THE CONTRACT WITHOUT ALTERNATIVE -FUEL REQUIREMENTS, AND
EXTEND THE CURRENT CONTRACT WITH M & M STREET SWEEPING
FOR A PERIOD OF THREE MONTHS.
Councilman Kelly moved to, by Minute Motion: 1) Reject all bids received for
Sweeping Services for City -owned Parking Lots (Contract No. C27550); 2) direct staff to
re -bid the contract, eliminating the alternative -fuel sweeper requirement; 3) extend the
current contract with M & M Sweeping Services, Thousand Palms, California, on a month -
to -month basis at a monthly rate of $895 for a period of three months (Contract
No. C22773); 4) authorize the Finance Department to issue a purchase order to M & M
Sweeping Services for $2,685 — funds are available in Account No. 110-4310-433-3320.
Motion was seconded by Finerty and carried by a 5-0 vote.
G. REQUEST FOR AWARD OF CONTRACT TO KIMLEY-HORN AND
ASSOCIATES, INC., FOR CONSULTANT DESIGN SERVICES FOR
INTERSECTION IMPROVEMENTS AT FRANK SINATRA DRIVE AND
PORTOLA AVENUE (CONTRACT NO. C27950, PROJECT NO. 572-08).
Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract
in the amount of $511,000 to Kimley-Horn and Associates, Inc., Riverside, California, for
consultant design services; 2) approve a 10% contingency for the project in the amount of
$51,100; 3) authorize the Mayor to execute the agreement — funds for the contract are
available the FY 2008-2009 Budget in various transportation, drainage, and capital project
accounts. Motion was seconded by Kelly and carried by a 5-0 vote.
H. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT AND
AMENDMENT NO. 1 BETWEEN THE CITY OF PALM DESERT AND THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR
THE PORTOLA AVENUE EXTENSION FROM GERALD FORD DRIVE TO
DINAH SHORE DRIVE (CONTRACT NO. C27960).
Responding to question as to why Coachella Valley Association of
Governments (CVAG) couldn't reimburse the City prior to 2021/2022,
Mr. Greenwood responded CVAG had a Transportation Project Priority
System, a priority list of projects. He said this project scored fairly low on
that list; therefore, CVAG could only guarantee the funds when it reached the
ranking this project scored.
Councilman Kelly noted the list was reviewed every five years and believed
this project would go up in priority once the Portola Interchange was
complete.
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Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the Mayor to execute
the Reimbursement Agreement and Amendment No. 1 between the City of Palm Desert
and CVAG for the Portola Avenue Extension from Gerald Ford Drive to Dinah Shore Drive.
Motion was seconded by Finerty and carried by a 5-0 vote.
I. REQUEST FOR APPROVAL OF ARTWORK SELECTIONS FOR THE
2009-2010 EL PASEO INVITATIONAL EXHIBITION (CONTRACT
NOS. C27970A-R).
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Accept and approve the 18
sculptures selected for the 2009-2010 El Paseo Invitational Exhibition; 2) approve $2,575
honorariums for each of the participating artists — funds are available in Account
No. 436-4650-454-4002. Motion was seconded by Kelly.
Councilmember Finerty recalled that Council requested staff seek a mixture
of Art that could be recognized by the average person, and she had a difficult
time recognizing most of it with the exception of the dragonfly.
Councilman Kelly said this proposal had a variety of Art where almost
everyone would see a type they liked, and he personally thought it was the
best exhibition the City ever had.
Councilman Kelly seconded the motion.
Councilman Ferguson said his reaction was the same every year, he initially
didn't like the pieces and eventually would hate to see them leave, which was
why he never weighed in on Art.
Mayor Benson stated curator Mark Stephenson did a good job of reaching
out to provide a variety of art that would appeal to everyone and agreed that
it was a good selection.
Mayor Benson called for the vote, and the motion carried by a 4-1 vote, with Finerty
voting NO.
XV. CONTINUED BUSINESS
None
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XVI. OLD BUSINESS
A. REQUEST FOR FURTHER CONSIDERATION OF APPLICANT APPEAL
OF PLANNING COMMISSION APPROVAL OFA PRELIMINARY BUILDING
SITE FOR A HILLSIDE PLANNED RESIDENTIAL PROPERTY LOCATED
AT 72-340 UPPER WAY WEST (APN 628-130-008) Case No. PP 07-12
(David Nelson, Applicant/Appellant).
Following is a verbatim transcript of this item.
Key:
JMB Jean M. Benson, Mayor
RS Ryan Stendell, Senior Management Analyst
DN David Nelson, Applicant/Appellant
JF Jim Ferguson, Councilman
CF Cindy Finerty, Councilmember
RSK Richard S. Kelly, Councilman
RAS Robert A. Spiegel, Mayor Pro Tem
RDK Rachelle D. Klassen, City Clerk
JMB First item of Old Business, "Request for further consideration of Applicant Appeal
of Planning Commission approval of a preliminary building site for a Hillside
Planned Residential Property located at 72-3 quarter— 340 Upper Way West, APN
628-130-008, Case No. PP 07-12, David Nelson, Applicant/Appellant."
RS Good Evening...at the conclusion of the previous meeting, staff and the Applicant
were both...left with a little bit of confusion, so we re —rescheduled this item. The
ordinance that the Applicant was requesting we proceed under...gives the Planning
Commission, and ultimately by way of an Appeal, the City Council the decision to
grant preliminary approval to a site on the five -acre parcel that we had a great
length of discussion at last meeting. At the conclusion of the item, two weeks prior,
we left with the...we were directed to explore Pad #1, and...the Applicant and staff
both decided we —the best course was to bring it back to Council and ask for
direction,...whether or not their intention was to grant preliminary approval of the
Pad #1, or if it was...something else, so that's where we're at, we're simply trying to
clarify where we were at two weeks ago. I'd be happy to answer any questions that
you may have.
JMB Any questions of Ryan? Okay I do have a card from David Nelson.
DN Good evening Mayor, members of the Council, my name is David Nelson. I live at
72-595 Beavertail Street, Palm Desert, and I'm the owner of the property.
According to the Ordinance Optional Preliminary Approval procedure, the City will
identify and assign, site and access road locations where I can build a home. Also,
according to the Ordinance, action on appeal or review, the City Council may affirm,
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reverse, or modify the Planning Commission's decision. It is therefore my
understanding that the choices before the Council are these: The first choice is if
the Council wants to affirm Planning Commission's decision, which was Site #2. As
I explained at the last Council meeting, I cannot build on Site #2. This would mean
that the City is not allowing me to build on my property. During the Planning
Commission meeting held on March 20, 2007, regarding the down -zoning, the
Deputy City Attorney was asked by a Commissioner, "What would happen if the
property was restricted to the point where they could nev—couldn't ever develop it."
The Deputy Attorney said, "that if —if it was restricted to the extent that it couldn't
feasibly be built on, then the City would have to buy it." This is also my
understanding. The second choice before you is to reverse the Planning
Commission's decision. If the Council reverses this —their decision, you're still not
assigning the site location; this would be in violation of the Ordinance, which states
that the City will assign a site location, that leaves the choice to modify. This would
be for Site location #1 or another undetermined site. Again, as I had stated in the
last Council meeting, it is my contention that there are no other feasible site
locations other than Site #1; this seems to be confirmed by your staff. I feel that a
home can be build at location #1 and still be developed in a manner consistent with
the goals of the hillside zone, but it will have to have portions of the home visible
above the ridgeline. After all, due to the size constraints and topography of the
land, it would be impossible and unfeasible to assign a ridgeline location and not
allow portions of the home to be visible above the ridgeline, but with proper design,
coloring, berming, and minimizing the impact from trees, you can create a home that
will blend into the hillside, but it will not be invisible. I also want to point out, that
everyone talks about how bad the Hagadone home decision was and that they do
not want another Hagadone house. That is like comparing apples and apple
orchards, the scale is enormous, you're talking about a home that is at least eight
times larger than what we would be looking at on Site 1. So my request is simple,
it all comes down to assigning the only feasible location for me to build a home on.
This is Site #1, which will require an exception to the ridgeline ordinance, or if the
City does not want me to build on this one and only feasible location, or in other
words, will not allow my land to be feasibly be built on, than according to the
Constitution of the United States, the City must purchase the land. The choice is
your's. Thank you and I look forward to your decision. Are there any questions?
JMB Any questions? Thank you. This is not a public hearing, is there anybody else that
would like to speak on this? Okay. Your pleasure?
JF Well, 1 love being told what 1 have to do, it just really warms my heart. I don't think
have to say yes to #1 or #2, and I don't think I have to buy your property, frankly,
thank you. You went into this with your eyes wide open, you knew what our
Ordinance was, and if you buy land that has sensitivity to the whole City, and you
want to put an obstruction on it, then complain that somehow we somehow taken
your land when you knew all along that was gonna' happen. I don't feel limited by
your choices Mr. Nelson; frankly, and I'm not inclined to go along with Pad #1 or
Pad #2, (pause) or tell you how to build your house.
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CF Well I, I think that our Hillside Ordinance is clear, building on the ridgeline is
prohibited, end of story, and I would be opposed to any building on Pad #1.
JMB Any other comment?
RSK Well...I see that the Planning Commission had voted that the...Pad #2, and directed
staff to continue to work Applicant on #2, and I'm wondering if the proposal here
is...to up —to deny the appeal, which —this originated, this is an appeal from the
Planning Commission right? That we deny the appeal from the —of the Planning
Commission or are you making a completely new motion?
JF I didn't make a motion at all.
RSK Oh. Well I guess I'm...is your motion to deny or to, what, what, or did you not
propose a motion at all?
JF Didn't propose a motion at all.
RSK So will it be possible to...
JF Please!
RSK uphold the Planning Commission's...decision?
RAS What was the vote on the Planning Commission?
CF Three to one (3-1), Commissioner Campbell was the one.
RSK Two is down lower and Applicant say's he can't build on there because of utilities
or etc., etc., but it is down low.
JF The only, the only problem I had with 2, and I'm sorry Mayor Pro Tem Spiegel...
RAS That's okay.
JF ...just to answer the question, was for the reason I stated at our last Council
meeting, that it will require so much cut and fill that you're either sawing off a
ridgeline or you're filling a canyon, and to me neither one of those are acceptable.
So I don't know whether that's affirming the Planning Commission, it probably isn't.
RSK I was just, I guess I was just exploring what would be an appropriate motion to carry
on your thoughts.
JMB Well I think... if he chooses to build on 2, that's his decision. He's gotta," it not,
we're not restricting his building, he just chooses not to build there and that's his
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choice not our's, but I would, I would move that we uphold the Planning
Commission's decision.
RSK Support the Planning Commission's decision?
JMB Right.
RSK Nothing on the hill? Yeah. That seems like a reasonable motion to me, so I would
second it, I would second the support of the Planning Commission's decision to
deny (unclear).
CF Okay.
JMB Any other discussion? Please vote.
RDK Motion carries unanimous vote.
For purposes of clarification:
Mayor Benson moved to, by Minute Motion, deny the Appeal and uphold the
decision of the Planning Commission, directing the Applicant to proceed with development
of Proposed Pad #2 and no development on the ridgeline. Motion was seconded by Kelly
and carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT
NO. C24660 WITH DOKKEN ENGINEERING FOR ADDITIONAL
ENGINEERING AND ENVIRONMENTAL DOCUMENTATION SERVICES
FOR THE PROPOSED PORTOLA AVENUE INTERCHANGE AT
INTERSTATE 10 (PROJECT NO. 637-02).
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve Amendment No.
1 in the amount of $94,000 to the subject contract with Dokken Engineering, San Diego,
Califomia, for additional services to complete the Project Approval and Environmental
Documentation Phase of the project; 2) authorize the Mayor to execute said Amendment;
3) approve the transfer of $73,983.90 from contingency to base for the project — funds are
available in Account No. 213-4351-433-4001. Motion was seconded by Kelly and carried
by a 5-0 vote.
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C. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 TO CONTRACT FOR
ADVERTISING AND PROMOTION OF THE EL PASEO BUSINESS
IMPROVEMENT DISTRICT FOR ONE YEAR, JULY 1, 2008 - JUNE 30,
2009 (CONTRACT NO. C25452).
Councilman Ferguson moved to, by Minute Motion, approve Amendment No. 2 to
the subject agreement between the City of Palm Desert and Furino/Greene Creative, Inc.,
Palm Desert, California, extending contract services from July 1, 2008, through June 30,
2009, in an amount not to exceed $240,000, and authorize the Mayor to execute same —
funds are available in Account No. 271-4491-464-3215. Motion was seconded by Kelly
and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 6 TO CONTRACT
NO. C25570A — CONSTRUCTION OF THE SECTION 29 ASSESSMENT
DISTRICT (NO. 2004-02).
Responding to question, Mr. Ortega said the funds came from the
Assessment District's bond proceeds the City issued.
Councilman Kelly moved to, by Minute Motion: 1) Approve Change Order No. 6 in
the amount of $151,478.97 to the subject contract with Skanska Civil USA West, Riverside,
California, for various items involving changes in field conditions, design modification, and
safety concerns; 2) authorize the Mayor to execute said Change Order. Motion was
seconded by Ferguson and carried by a 5-0 vote.
E. REQUEST FOR EXTENSION OF CONTRACT WITH REPUBLIC ITS FOR
ON -CALL CITYWIDE TRAFFIC SIGNAL SUPPORT SERVICES FOR
FISCAL YEAR 2008-2009 (CONTRACT NO. C26741).
Mayor Pro Tem Spiegel moved to, by Minute Motion, approve extension of the
subject contract with Republic ITS, Anaheim, California, for on -call traffic signal support
services for FY 2008-2009 in an amount not to exceed $100,000 and authorize the Mayor
to execute same. Motion was seconded by Kelly and carried by a 5-0 vote.
F. REQUEST FOR FURTHER DIRECTION FOR THE UNDERGROUNDING
OF UTILITIES RELATED TO THE SIDEWALK AND AESTHETIC
IMPROVEMENTS ON NORTHBOUND PORTOLA AVENUE BETWEEN
FRED WARING DRIVE AND RUTLEDGE WAY (PROJECT NO. 633-07).
Mr. Ortega stated Council had directed staff to look into extending the
undergrounding project to Rutledge Way; therefore, this was an expanded
project with a new budget.
Councilman Kelly moved to, by Minute Motion, approve the undergrounding of
utilities along the east side of Portola Avenue between Fred Waring Drive and Rutledge
Way. Motion was seconded by Ferguson and carried by a 5-0 vote.
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G. REQUEST FOR AUTHORIZATION FOR STAFF TO SUBMIT FIRST DRAFT
OF THE GENERAL PLAN 2008 HOUSING ELEMENT UPDATE TO THE
STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.
Councilman Ferguson moved to, by Minute Motion, authorize staff to submit the first
draft of the General Plan 2008 Housing Element Update to the State Department of
Housing and Community Development. Motion was seconded by Benson.
Councilman Kelly stated the draft fit the City's General Plan that it had as of
this date, and at the same time expressed the reasons why the City was
submitting a draft related to the economy and the work already done.
Councilman Ferguson stated the map that was presented at the Study
Session complied with what the State wanted, but it wasn't to say the Council
couldn't still make arguments about the economy and a forecast two years
ago that was no longer relevant. He said the map was probably something
different from what Councilman Kelly had in mind. Responding to comment,
he said his motion was to approve the recommendation that staff presented
at the Housing Study Session.
Councilman Kelly said he needed to make sure he was recommending what
the City already had in the General Plan.
Ms. Aylaian explained staff was recommending a draft Housing Element
Update that was based upon a variation of the last update of the General
Plan, but it also reflected the development that had occurred in the past four
years.
Councilman Kelly asked if Council would see the final draft before it was
submitted to the State.
Ms. Aylaian responded staff was requesting approval to submit the draft to
the State now. She said the final or approved Housing Element would come
back to Council for review and public hearings.
Councilman Kelly said he was concerned the draft would be submitted with
a higher density than he would like.
Ms. Aylaian explained the densities on the draft proposal were actually lower
than what was in the current General Plan. The current General Plan
allowed densities up to 22 units to the acre, and in the draft, the parcels that
had been identified allowed 17 units to the acre.
Councilmember Finerty stated Agency Counsel was to go through the high
density criteria to ensure Council would have the ability to not approve a
project because of high density, and he was also going to review for any
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changes that Council may want to make; however, she had not seen or
received any letter from Agency Counsel, other than a memo. She would
like to go through the criteria to make sure it was as solid as possible. The
other issue she had raised at the Study Session was that it would be
irresponsible to put a 6,000 unit density when the City had a water and
electricity shortage, of which Council had done nothing about. She agreed
with Councilman Kelly that the draft was based on a totally different
economy, and she would like to hear what Agency Counsel had to say about
the criteria.
Councilman Kelly referenced Housing Element requirements as noted on
page III-2, under California Law, item 4: "To ensure that each local
government cooperates with other local governments to address regional
housing needs." He said it seemed Palm Desert had a higher density than
it's surrounding governments, and he would like to see others step up to take
some of that housing needs. In addition, the population and employment
trends were way down and believed Palm Desert's housing needs were also
down. He questioned how he could be assured that his concerns were
included in the Housing Element.
Ms. Aylaian responded staff received a verbal opinion from Agency Counsel
just prior to the City Council meeting, and it was his opinion that Council
could review proposed high -density housing projects and be able to deny a
project based upon the criteria; seven criteria's were listed in the General
Plan that were laid out. Agency Counsel suggested going forward, and it
would be appropriate to actually codify that criteria in order to incorporate
what's in the General Plan for the high -density overlay into the Zoning
Ordinance.
Councilman Kelly stated he didn't think any kind of Housing Element should
be submitted that Council wasn't willing to back up. The idea of submitting
something just to get it approved with the idea that Council wouldn't have to
approve projects, concerned him. He thought it was a disingenuous
objective, and he didn't want any part of it.
Councilmember Finerty agreed. She said it was basically putting something
on paper that didn't really matter and thought other cities were probably
doing the same. She said the City needed to look at the economy, shortage
of power, shortage of water, and come up with a meaningful program and be
a trailblazer rather than following suit. She suggested the City contact local
legislators to ask for their assistance with this required Housing Element.
Councilman Ferguson said if everybody had to like everything that was in the
Plan, it would require unanimous approval instead of a 3-2 vote, which wasn't
going to happen. Secondly, if the Council was criticizing the State for
freezing in time the economy two years ago, this Council would be guilty of
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doing the same right now. Thirdly, if this Housing Element was supposed to
last to 2014 and this being only 2008, he was sure those who didn't like the
Plan were being asked to approve something that otherwise wouldn't in good
conscience; however, it didn't mean that people that succeeded this Council
may have a difference of opinion. He didn't see anything that was
inconsistent about what Council was being asked to do; he said it was long-
term planning. He said long-term planning wasn't going to be unanimous or
comfortable, but Council had to accommodate for growth and the law, and
he for one would rather comply with the law than fight off lawsuits from
housing advocacy groups who thought the City wasn't doing its job.
Mayor Benson agreed with Councilman Ferguson. She said this was just
another task the State mandated that the City had always done, but it didn't
always agree. The Housing Element had been submitted once with the
proposed draft criteria, and she didn't see anything wrong with putting it
through again; if the State didn't like the numbers, it can then instruct the City
on what to do. She didn't want to have the City in a position of having a
developer think they could get their way because the City didn't have a Plan.
Councilmember Finerty said at the Study Session, Council had asked for the
criteria to be reviewed to make the Plan as solid as possible. She was
expecting a letter from Agency Counsel listing the criteria with possible
recommendations of how to further toughen the Plan. However, the Council
didn't get anything like that nor received any information about Council's veto
power. She would feel more comfortable trying to comply with the State
when Council had a criteria based on the General Plan and was thoroughly
reviewed.
Councilman Ferguson agreed with Councilmember Finerty on that point,
because usually legal opinions from Richards, Watson & Gershon was
painstakingly methodically thorough. He said this was a hip -pocket opinion
given to staff on a half -sheet memo that was orally presented to Council less
than an hour ago; he said someone dropped the ball, but he wasn't trying to
point fingers. He said the Council was promised an analysis and a detailed
assurance of Council's ability to not grant the high -density bonus, and it
received nothing. Notwithstanding that, he still thought the City could submit
the Plan, get the analysis that Council requested the first time, and move
forward.
Ms. Aylaian said in all fairness to Agency Counsel, the Study Session was
seven days ago, and it was a three-day weekend. Responding to question,
she agreed to follow-up with Agency Counsel to prepare the information
requested.
Councilmember Finerty moved to continue this matter to the meeting of August 28,
2008. Motion was seconded by Ferguson.
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Mayor Pro Tem Spiegel stated he thought the North Sphere could be a
beautiful area in Palm Desert without the high -density apartments and
condominiums; it could be developed like the rest of Palm Desert. He
understood the City was required to submit something to the State, but
Council needed to revisit what had been identified on the proposed map and
have some of those areas removed; otherwise, it wouldn't get his vote. He
would like to see a map that delineated a much smaller area of the North
Sphere as high density or medium density, and high -density overlay. He was
in favor of a continuance.
Councilmember Finerty agreed with Mayor Pro Tem Spiegel, as she had
raised that issue many times before that Parcels D, E, F, and G, were in
close proximity and totaled 1,312 units on the proposed map, which was too
much.
Mayor Benson called for the vote, and the motion carried by a 5-0 vote.
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF THE RESULTS OF THE PROPERTY OWNER
PROTEST PROCEEDINGS FOR THE PROPOSED PRESIDENT'S PLAZA I
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL
YEAR 2008-2009, APPROVAL OF THE MANAGEMENT DISTRICT PLAN
AND ENGINEER'S REPORT, AND ORDERING THE
FORMATION/RENEWAL OF THE PRESIDENT'S PLAZA I PROPERTY
AND BUSINESS IMPROVEMENT DISTRICT AND THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2008-2009.
Mr. Stendell noted this was a public hearing to go along with the intent
meeting presented to Council about six weeks ago. He said staff
recommended opening the public hearing, accept testimony, close the
balloting in order for City staff to count said ballots, and hold the public
hearing open until staff returned with the results.
Mayor Benson declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request.
MR. JOE HOPPER stated he was one of the building owners for President's
Plaza I Property and Business Improvements District (PBID). He thanked
the Council for the job they did, and stated the work at PBID was well done.
The few experiences, when they needed Public Works to respond, had been
positive. However, his main concern today was to address the palm tree
problem at President's Plaza. He said palm trees were inserted into vaults
that were a size too small; consequently, those palm trees caused damage
to the various sidewalks. He was facing two situations at his building, in one
case the sidewalk was raised enough to cause an incident a year ago, which
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he and the City split a $20,000 "slip and fall" claim. The second issue was
with the building next to his where the palm tree raised up the curb, and it
wasn't allowing the water from the sprinklers to drain, so he had standing
water there year-round. In speaking with various City personnel about the
two situations, a number of ideas were floating around to take the trees out,
put new trees in, etc., but both problems continue to linger on. He said it
cost both him and the City a lot of money already, and he would like to see
this matter finally addressed. In terms of the actual raising of the
assessment fees, he understood they were necessary and voted
accordingly. He again thanked the Council.
Landscape Manager Spencer Knight responded staff had looked at that
project and several options had been developed. He said this was one of
those projects that went beyond just the palm trees, and at this point, staff
was scheduled to meet on Monday to talk about the situation. Further
responding, he said the palm trees were planted in various small planters
and had now grown to the size where the trunks were a problem. He agreed
to contact Mr. Hopper after his meeting on Monday.
MR. HOPPER said whatever was decided, he would like to obtain a time line
to have the problem resolved one way or another.
With no further testimony offered, Mayor Benson closed the balloting and directed
staff to tabulate the ballots and report back.
Following the counting of the ballots, Mr. Stendell reported there was not a
majority protest; therefore, the City had the ability to approve all three
resolutions for the new five-year President's Plaza Property Business
Improvement District with the increased levy.
Mrs. Klassen announced the balloting results as follows:
YES Valuation = $65,595.78
NO Valuation = $44,685.18
Since there was no majority protest, the District can be formed, and all
related resolutions could be acted on.
Mayor Benson declared the public hearing closed.
Mayor Pro Tem Spiegel moved to waive further reading and adopt: 1)Resolution No.
08-68, declaring the results of the property owner protest ballot proceedings conducted for
the proposed President's Plaza I Property and Business Improvement District
Assessments commencing with Fiscal Year2008-2009; 2) Resolution No. 08-69, approving
and adopting the Management District Plan and Engineer's Report for the President's
Plaza I Property and Business Improvement District for Fiscal Year 2008-2009 and
appointment of an owners' association; 3) Resolution No. 08-70, ordering the
formation/renewal of the President's Plaza I Property and Business Improvement District
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and the levy and collection of assessments for said District for Fiscal Year 2008-2009.
Motion was seconded by Finerty and carried by a 5-0 vote.
B. CONSIDERATION OF THE RESULTS OF THE PROPERTY OWNER
PROTEST PROCEEDINGS FOR THE PROPOSED IMPROVEMENT
CHANGE AND INCREASE IN ASSESSMENT FOR THE "SANDCASTLES"
LANDSCAPING AND LIGHTING DISTRICT; AND APPROVING OR
AMENDING THE ENGINEER'S REPORT AND ORDERING THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS THEREFOR — FISCAL YEAR
2008-2009.
Mr. Stendell noted this public hearing was slightly different that the City had
an existing lighting district that was paying for street lighting only, and this
was an attempt to increase the levy to maintain some common landscaping.
Staff recommended opening the public hearing, accept testimony, close the
balloting in order for City staff to count said ballots, and hold the public
hearing open until staff returned with the results.
MS. TERRY WOOD, Easy Street, Palm Desert, CA, stated she lived behind
the retaining wall on Carlotta and Hovley East, and she was not part of a
homeowner's association. When she received the assessment notice in the
mail, she rallied the residents and managed to collect money from 30 people
to fix the "No Loitering" sign. Residents on the Carlotta side pulled out the
oleanders and bushes because they were an eyesore, and the palm trees
were also trimmed. The residents she spoke with believed they paid enough
property taxes already, and though it would be a major hurdle for them to try
to maintain Hovley East, which they didn't think was their responsibility. She
said people from DeMar, Devall, and Sandcastles didn't like the assessment
because it didn't include anything up the street toward them. She
represented the majority of the people she spoke with, and they believe the
City should fix Hovley East.
Responding to question about the possibility of forming a homeowner
association, Mr. Stendell said he discussed the direction staff was heading
with this particular group of residents with regards to HOA's, but he wasn't
sure what discussions the group had among themselves. He said this was
a difficult situation, and it was similar to the Silver Spur matter where there
was little amount of landscaping that was maintained, but not to the level of
satisfaction the City preferred. Further responding, he agreed to follow-up
with this group about forming a homeowner association.
With no further testimony offered, Mayor Benson closed the balloting and directed
staff to tabulate the ballots and report back.
Following the counting of the ballots, Mrs. Klassen announced the results as
follows: YES Valuation = $1 ,050.00
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NO Valuation = $1,800.00
A MAJORITY PROTEST existed in this balloting; therefore, Resolution
No. 08-71 could be adopted, and no further action was required on
Resolution Nos. 08-72 and 08-73.
Mayor Benson declared the public hearing closed.
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 08-72, declaring the results of the property owner protest ballot proceedings conducted
for the proposed levy of new or increased assessments related to Zone 05 - Sandcastles
of the Palm Desert Consolidated Landscaping and Lighting District, commencing with
Fiscal Year 2008-2009. Motion was seconded by Finerty and carried by a 5-0 vote.
C. REQUEST FOR ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL
AND THE PALM DESERT REDEVELOPMENT AGENCY, APPROVING A
COOPERATIVE AGREEMENT BETWEEN THE PALM DESERT
REDEVELOPMENT AGENCY AND THE COUNTY OF RIVERSIDE
CONCERNING THE CONSTRUCTION, FINANCING, AND ACQUISITION
OF LAND FOR A SHERIFF STATION (CONTRACT NO. C27980) (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Mr. McCarthy noted this was a Cooperative Agreement between the County
and the Redevelopment Agency. He said the terms of the transaction were
in the staff report; it was an exchange of 10.087 acres located on Gerald
Ford Drive between Monterey Avenue and Portola Avenue for the Civic
Center Sheriff Station.
Mayor Pro TemNice Chairman Spiegel asked if the Sheriffs station would
continue to be at the Civic Center.
Mr. McCarthy said it was his understanding the traffic detail and possibly the
dispatch element would remain at the Civic Center, but the terms for their
retention there had not been negotiated. Further responding, he said the
transaction was an exchange of raw land for improved property, and based
on the appraisals, it was a fair transaction that merited recommendation for
approval.
Mayor/Chairman Benson declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this matter.
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MR. VINCENT YZAGUIRRE, Director of Real Estate for the County of
Riverside, stated he had been working with the City's excellent staff on this
project for more than a year. On behalf of the County of Riverside,
Supervisor Wilson and Board of Supervisors, and the Sheriff of Riverside
County, he thanked the City Council and staff. In particular, Mr. Justin
McCarthy who was diligent in working on this project and assisted in having
the state of the art public safety project moved forward. He said the new
Palm Desert Sheriff Station was a mentor commitment and enhancement of
public safety that will benefit the residents of Palm Desert as well as the
Cove Community for decades to come. The County of Riverside was proud
to partner with the City and this Council in improving the quality of life for all
Palm Desert residents.
With no further testimony offered, Mayor/Chairman Benson closed the public
hearing.
Councilman/Member Ferguson asked if the City/Agency was receiving more
than just improved property in consideration for the disposition of this
acreage, and if it was also getting termination of the lease agreement from
the County for the substation.
Mr. McCarthy confirmed that it was, and the monetary value associated with
the 10 acres was $6 million.
Councilman/Member Kelly moved to waive further reading and adopt: 1) City
Council Resolution No. 08-74, authorizing sale by the Palm Desert Redevelopment Agency
of certain property to the County of Riverside for the construction of a Sheriff Station
thereon by the County, making certain findings, and approving a Cooperative Agreement
in connection therewith; 2) Redevelopment Agency Resolution No. 551, authorizing the
sale of certain property to the County of Riverside for the construction of a Sheriff Station
thereon by the County, making certain findings, and approving a Cooperative Agreement
in connection therewith. Motion was seconded by Ferguson and carried by a 5-0 vote.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Consideration of Request from the Building Industry Association (BIA)
to Delay Implementation of the City's Increased Building Fees.
Mr. Ortega asked City Council's consideration of adding an item to
this agenda. He'd just received a letter from Mr. Bell of the BIA,
requesting clarification on implementation of the City's increased
building fees.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008
Upon a motion by Finerty, second by Ferguson, and 5-0 vote of the City Council,
consideration of this item was added to the agenda.
Councilman Ferguson commented that City Council did say it would
take a look at the matter in six months, but things did not improve, in
fact, they were worse. He was in favor of continuing implementation
of the fees for another six months and looking at them when City
Council makes its Mid -year Budget Review. Councilmember Finerty
concurred.
Councilman Ferguson moved to, by Minute Motion, defer implementation of the
increased building fees included in Resolution No. 07-80 for another six months, with next
review for possible implementation to occur during the Mid-Year2008-2009 Budget Review
Process. Motion was seconded by Spiegel and carried by 5-0 vote.
B. CITY ATTORNEY
1. Consideration of Draft Amendment to the Entertainment Ordinance.
Mr. Erwin noted that earlier in this meeting, City Council adopted
Ordinance No. 1150A, relating to City Entertainment Permits. At the
June 26 meeting where it was passed to second reading, City Council
indicated its desire to consider additional restriction or regulation of
amplified music as it relates to entertainment permits. He drafted the
subject ordinance appearing in the packets that included proposed
language to this effect. He said the draft ordinance amended
Section D.3. - Site Plan to, "...require that it include the nature and the
development of all adjacent property to the current applicant, as well
as indicating that amplification of music or of any part of the
performance shall be set forth in detail and may be subject to special
regulation." He asked for Council's guidance on whether or not this
draft was sufficient, if it should be stronger, or not at all.
Councilmember Finerty believed it should be stronger, specifically,
where it states, "...it may be subject to special regulation." She
believed that if there was amplified music outdoors, close to
residential properties, the applicant needed to be made aware that it
may be prohibited.
Mr. Erwin suggested adding "...subject to special regulation or
prohibition" to the last sentence of Sections D.4. and C.1.
Councilmember Finerty agreed with this suggestion.
Responding to Mayor Benson's question if any language specifically
prohibited amplification after 10:00 p.m., Councilmember Finerty
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008
believed the aforementioned edit, including "special regulation or
prohibition," would cover that issue. Mr. Erwin agreed.
Further responding, Mr. Erwin said staff was very aware of the City
Council's direction about a 10:00 p.m. limitation.
Mayor Benson reiterated her request that the ordinance specifically
state there would be no amplification after 10:00 p.m., rather than
relying on a staff member to do so during the processing of an
application. Mr. Erwin agreed to include the time, and
Councilmembers concurred it was a good idea.
Upon Councilman Ferguson's request for clarification about how the
limitation would be applied, it was agreed that special permission or
a Temporary Use Permit would be required from the City Council
before an exception would be granted for any amplified sound after
10:00 p.m.
With City Council concurrence, the City Attorney was directed to make the
aforementioned modifications and place the ordinance on the next regular meeting
agenda for first reading.
C. CITY CLERK
1. Request to Adjourn This Meeting to Friday, July 11, 2008, at
9:00 a.m. to Conduct Applicant Interviews for Planning Commission
and Potentially Make Appointment.
Following discussion, Councilmembers concurred that this meeting should be
adjoumed for the purpose of conducting a Study Session on Friday, July 11, at
9:00 a.m. for the applicant interviews.
D. PUBLIC SAFETY
o Fire Department
Chief Rios reported on the Northern Califomia fire siege that their
Department has been under. Local personnel were under a staffing
pattern --all Cal Fire employees' days off were canceled for, with the
exception of pre -approved vacations. He said every Cove
Communities Fire Station was fully covered and manned 24/7, as
usual, but with additional personnel at no cost to the contract cities;
it was being provided by the State. He stated the Northern Siege
resulted after approximately 1,700 fires started two weeks ago. To
date, 322 fires remained very active, 1,500 personnel remained on
the fire lines with over 200 pieces of equipment; and as of today, the
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008
Governor requested that Cal Fire assemble an additional 600 fire
engines. He said that meant it would become a unified command
system, and currently some County and City engines from the area
had been sent to Northern Califomia, reiterating that every station
here was still fully covered and manned. As personnel are sent to the
fire, they are working a 21-day rotation before being allowed to retum
to their home base, which was the same rotation being observed by
station personnel --two days off, then return to work --just to ensure
that the Department has the quality of control needed for the siege
being faced up north.
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. No -smoking Ordinance — Councilman Ferguson referred back
to the Minutes of the June 26 Meeting where need for further
due diligence on the smoking ordinance was requested,
including reference to a committee that he didn't believe
existed yet, and a deadline set for when it would come back.
After seeing what happened with the request regarding the
eighth criteria for a high -density bonus, he wanted to
emphasize that he was very serious when he asked staff to
perform the necessary diligence, include the stakeholders
(both smokers and nonsmokers), and he offered to participate
in the process. He felt there was a lot more that could be done
with the City's ordinance after the homework is done as
suggested by Councilman Kelly.
In response, Mr. Erwin advised that yesterday he received a
list of six or seven individuals who had contacted the City Clerk
with their interest in serving on the committee.
Mayor Pro Tem Spiegel moved to add this item to the agenda and to, by Minute
Motion, appoint Councilmen Ferguson and Kelly to the Ad Hoc No -smoking Ordinance
Committee. Motion was seconded by Finerty and carried by 5-0 vote.
o City Council Committee Reports:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008
o City Council Comments:
1. Fourth of July — Mayor Pro Tem Spiegel commended staff,
police, and particularly Pat Scully for the Independence Day
Program and fireworks. He said it was very hot that day, but
the band put on a wonderful show, and the overflow crowd at
the Civic Center greatly appreciated it. In past years, the
Driving Range at College of the Desert had been used for the
overflow, but it was undergoing renovation and unavailable this
year. Nonetheless, he said it was a marvelous evening, and
several people even came up to him afterward and thanked
the City for it.
2. Palm Desert Police Department — Mayor Benson commented
that she'd recently witnessed two incidents where the Police
Department did a very good job. First, she was walking back
to her car the day the Department was checking its new
vehicle license plate reader and identified a stolen car in the
Civic Center Parking Lot. It was very exciting to see them in
action, and she was certain the device would be well used.
Secondly, K-9 Officer Van Snapp came to her house last
weekend after calling about her neighbor's front door being
wide open, with the neighbor being out of town for an extended
period of time. She said it ended up okay, another neighbor
checked on the house; but again, she was fortunate to witness
the Department's expedient and thorough response.
XIX. ADJOURNMENT
On a motion by Spiegel, second by Kelly, and unanimous vote of the City Council,
Mayor Benson adjourned the meeting at 5:39 p.m. to Friday, July 11, 2008, at 9:00 a.m.
for a Study Session to interview Planning Commission applicants.
ATTEST:
RA EL E D. IZ-LA EN TY CLERK
CITY OF PALM DESERT, CALIFORNIA
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BENSOI)I( AYOR
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