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HomeMy WebLinkAbout2008-06-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 26, 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 Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Doug Van Gelder, Director of Information Systems 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. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk 1I1. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 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 - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 106, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Party: Coachella Valley Economic Partnership Under Negotiation: x Price x Terms of Payment 2) Property: APNs 627-092-004 and 627-092-005 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Jeffrey D. Bancroft Under Negotiation: x Price x Terms of Payment 3) Property: 42-135 Kansas Street, Palm Desert (APN 637-033-001) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Rachel D. Cox 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) Jaroslaw Paluha and Joseph A. Barraco v. City of Palm Desert, Riverside County Superior Court, Case No. INC077804 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With City Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:03 p.m. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin reported that although there was no reportable action taken during the Closed Session, he noted for the record that the written document presented by Mr. Jono Hildner was provided to and read by each member of the City Council before any discussion started in Closed Session. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Jim Ferguson VII. INVOCATION - Mayor Pro Tem Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MR. STAN FORD, General Manager of the Coachella Valley Recreation and Park District, thanked Mayor Pro Tem Spiegel for his efforts that allowed the District to use the Palm Desert High School Pool in June this year instead of August, as the School District had previously advised. He said they were now offering swimming lessons, which are already filled up for the next session and are expected to be for subsequent sessions as well. The Rec District appreciated being able to provide those swimming lessons and, hopefully, a safer aquatic experience for all the children who are signed up to participate. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) "CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE FISCAL YEAR ENDED JUNE 30, 2007" TO THE CITY OF PALM DESERT. Mr. Gibson presented the engraved plaque from GFOA to Mayor Benson, commenting that it was the 10`h time the City had received the award for financial reporting. He said it was particularly noteworthy because numerous GASB (Governmental Accounting Standards Board) regulations were changed for financial reporting that had to be implemented and followed, and the City was still able to meet them and achieve this honor. Mayor Benson accepted the plaque and asked Mr. Gibson to hang it in his office. She added that it was very rewarding to receive this recognition for the City's financial procedures. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 12, 2008, the Adjourned Regular Meeting of May 15, 2008, and the Adjourned Regular Joint Meeting of the City Council, Redevelopment Agency, and Housing Authority of June 19, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 264, 265, 269, 273, 274, and 279. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dragon Gate Chinese Restaurant, 44-491 Town Center Way - 5, Suite E, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Grill -A -Burger, 73-091 Country Club Drive, #A2, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Landscape Beautification Committee Meeting of May 21, 2008. 2. Youth Committee Meeting of May 5, 2008. Rec: Receive and file. F. REQUEST FOR APPROVAL of Amended Citizens On Patrol (COPS) Standard Practice Manual. Rec: By Minute Motion, approve the amended COPS Standard Practice Manual. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 G. REQUEST FOR AUTHORIZATION for the City Manager/Executive Director to Execute Grants of Easement and Pipeline Agreements with the Coachella Valley Water District for Development at the Desert Willow Golf Resort (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, authorize the City Manager/Executive Director to execute the Grants of Easement/Pipeline Agreements with the Coachella Valley Water District (CVWD) after formal review and approval of all associated documents by CVWD and the City Attorney — easements will facilitate construction by WVC Rancho Mirage, Inc., of the Starwood development at Desert Willow Golf Resort. H. REQUEST FOR AUTHORIZATION for Staff to Enter Into Agreement with HF&H Consultants, LLC, to Assist with Review of Burrtec Waste & Recycling Services Solid Waste Franchise Agreement (Contract No. C27810). Rec: By Minute Motion: 1) Authorize staff to enter into agreement with HF&H Consultants, LLC, Newport Beach, California, to assist with the City's review of Burrtec Waste & Recycling Services Solid Waste Franchise Agreement; 2) appropriate funds in the amount of $30,000 from Account No. 110-4132-411-3090 for said services. I. REQUEST FOR APPROVAL of Industrial Shoe Co. Providing Safety Footwear for City Employees for Another 12 Months. Rec: By Minute Motion, approve current vendor, Industrial Shoe Co., Santa Ana, California, to provide safety footwear for City Employees for another 12 months. J. REQUEST FOR APPROVAL of the Purchase of Two Zero -Emission, No -Noise (ZENN) Electric Vehicles. Rec: By Minute Motion: 1) Approve the purchase of two zero -emission, no -noise (ZENN) electric vehicles for the City fleet from Coalinga Motors, Inc., Coalinga, California, at the GSA pricing of $22,219.91 each, for a total of $44,439.82; 2) appropriate $44,439.82 from Unobligated Funds to Account No. 110-4331-413-4030 for this purpose. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 K. REQUEST FOR APPROVAL of the Use of Genuine Parts Company (NAPA) to Supply Aftermarket Automotive Parts, Equipment, and Services for Fleet Maintenance for Fiscal Year 2008-2009. Rec: By Minute Motion, approve the use of Genuine Parts Company (NAPA), Palm Desert, California, to supply general aftermarket automotive parts, tools, equipment, and services, as needed, for fleet maintenance for FY 2008-2009 — funds are available in Account No. 110-4331-413-3340. L. REQUEST FOR APPROVAL of Vendors for Construction Equipment Rental Services for Fiscal Year 2008-2009. Rec: By Minute Motion, approve the use of Elms Equipment Rental, Clairemont Equipment Co., United Rentals, and Johnson CAT Equipment Rentals to provide equipment rental services to the City for FY 2008-2009 — funds are available in Account No. 110-4310-433-3430. M. REQUEST FOR APPROVAL of the Use of Various Dust Control Vendors for Fiscal Year 2008-2009. Rec: By Minute Motion: 1) Grant an exception to Bidding Requirements as provided for by Palm Desert Municipal Code Section 3.32.090 for FY 2008-2009; 2) approve use of the various Dust Control Vendors for FY 2008-2009 on the list attached to the accompanying staff report for this item. N. REQUEST FOR AWARD OF CONTRACT for Maintenance Services for Civic Center Park Lagoon and the Entrada del Paseo Water Feature (Contract No. C27820). Rec: By Minute Motion, award Maintenance Contract for the Civic Center Park Lagoon and the Entrada del Paseo Water Feature to Southwest Aquatics, Inc., Palm Desert, California, in the amount of $19,140 and authorize the Mayor to execute same — funds are available in the FY 2008-2009 Landscape Maintenance Accounts, Nos. 110-4610-453-3320 and 110-4614-453-3320. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 O. REQUEST FOR AUTHORIZATION to Reject All Bids and Authorize the City Clerk to Re -advertise for Landscape Maintenance Services - Landscape Maintenance Area No. 4 (Contract No. C27730, Project No. 904-08). Rec: By Minute Motion: 1) Reject all bids received for the subject contract for Landscape Maintenance Area No. 4; 2) authorize the City Clerk to re -advertise and call for bids for Landscape Maintenance Area No. 4; 3) authorize the City Manager to approve interim landscape maintenance activities on an as -needed basis in an amount not to exceed $20,000 until contract is awarded — funds are available in Account No. 110-4614-453-3370. P. REQUEST FOR AUTHORIZATION to Reject All Bids and Authorize the City Clerk to Re -advertise for the Mesa View Drive Street Resurfacing Project (Contract No. C27370, Project No. 638-08). Rec: By Minute Motion, reject all bids received for the subject project and authorize the City Clerk to re -advertise and call for bids. Q. REQUEST FOR ACCEPTANCE OF WORK for the Citywide Drywell Removal Project (Contract No. C27580, Project No. 500-08) (Simon Contracting, Indio, 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. R. REQUEST FOR APPROVAL of a Proposal by Advanced Woodwork, Inc., to Supply and Install Cabinetry at the Mesa View Fire Station (No. 67). Rec: By Minute Motion, approve the proposal by Advanced Woodwork, Inc., Palm Desert, California, in the amount of $7,315 to supply and install cabinetry at Fire Station No. 67 — funds are available from the New Construction Tax Fund, Account No. 231-4220-422-4001. S. REQUEST FOR AUTHORIZATION to Release One-year Maintenance Security for Tract Map No. 31377 (Coachella Valley Land Company, Inc., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject subdivision improvement maintenance security for Tract Map No. 31377. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 T REQUEST FOR AUTHORIZATION to Refund Building Permit Fees for 74-775 Del Coronado, Palm Desert (Michele Sordal, Applicant). Rec: By Minute Motion, authorize the refund of Building Permit Fees in the amount of $3,284.92 for Building Permit No. 05-00034235 for a project located at 74-775 Del Coronado. U. REQUEST FOR APPROVAL of the Closure of a Portion of San Pablo Avenue and Waiver of Amplified Sound Restrictions in Conjunction with the "Macker Basketball Tournament" Scheduled to be Held in the City on October 11-12, 2008. Rec: By Minute Motion, approve the closure of San Pablo Avenue from Fred Waring Drive north to Magnesia Falls Drive on October 11-12, 2008, and permit amplified sound beginning at 8:00 a.m., the retail sale of logo merchandise, as well as food and beverage products on City -owned property in conjunction with the "Macker Basketball Tournament" scheduled to be held on October 11-12, 2008, and deny the request for a $30,000 cash sponsorship. V INFORMATIONAL ITEMS: 1. Research on Free Wi-Fi Within Palm Desert. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 2. Report on Homeowners Associations and Landscaping & Lighting Districts. Rec: Receive and file. Mayor Pro Tem Spiegel requested Item V-1 be removed for separate action under Section XI, Consent Items Held Over. Upon motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 XI. CONSENT ITEMS HELD OVER V. INFORMATIONAL ITEMS: 1. Research on Free Wi-Fi Within Palm Desert. Mayor Pro Tem Spiegel stated this item was about providing direction to staff relating to free Wi-Fi within Palm Desert. He said the staff report indicated a less expensive alternative could be available soon. Mr. Van Gelder responded the technology and standards were changing and it was currently in a flux, and it was possible new products could push the price down. Further responding, he confirmed El Paseo could be set up for a cost of $85,000. Councilman Ferguson said it should have been done ten years ago and thought El Paseo was a great place to start, and if Council liked it, it could be expanded to other parts of the City. He said when more advanced technology came along, the City could take advantage of it then. Responding to question about when the Wi-Fi could be set up, Mr. Van Gelder said upon approval he would contact the company and conduct a site survey to get it started. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Appropriate $85,000 to establish and build a wireless hotspot on El Paseo from Highway 111 on the east to Highway 111 on the west; 2) authorize staff to move forward with the project. Motion was seconded by Ferguson and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 08-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 99-60 AND ESTABLISHING AN EMPLOYEES' FLEXIBLE BENEFIT PROGRAM AS DEFINED UNDER INTERNAL REVENUE CODE SECTION 125. Mr. Ortega noted technical changes were made to the flex plan that would allow employees to contribute to a tax deferred program. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 08-47. Motion was seconded by Kelly and carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1154AA - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.36 OF THE CODE OF PALM DESERT, CALIFORNIA, RELATING TO SMOKING. Mr. Erwin noted the proposed Ordinance was included in Council's packet, and it would be appropriate to hear comments from the public at this time. MR. MARK GREEN, Palm Desert, CA, stated he was a former smoker and was against the proposed Smoking Ordinance because it represented an improper step to micro -managing people and businesses. He said current laws governing smoking and secondhand smoke was working. He said smoking in the work place and in public areas were no longer a national nuisance to those who were against smoke. However, the proposed Ordinance would ban all patio smoking, which he thought represented an unfair and uncompromising assault on a lifestyle of law-abiding and taxpaying minority. He said there were many leads that politicized science regarding secondhand smoke with exaggerated reports. He said existing data didn't apply to the small population of individuals that for a brief period in their lives experienced some very modest and highly diluted exposure to secondhand smoke; he said the issue of employees health was contrive. He said thousands of paying customers who enjoyed smoking, including restaurant owners and employees who worked at these businesses, preferred that the heavy hand of government was removed from this controversy. The free market could address and satisfy all parties who were willing to compromise. He agreed smokers and nonsmoker alike should be fully informed of the risks of secondhand smoke. Therefore, in the interest of full disclosure, why not require posted warnings that stated exposure to secondhand smoke would be harmful and allow adults the opportunity to decide for themselves. He said the Ordinance could mandate that part of the outdoor patio space at restaurants be designated smoke free and allow for fans or air -circulation devices to minimize risk. By maintaining freedom of choice, customers could choose which bar or restaurant to go based on a multiplicity of factors, and also allow the business owners the option of allowing or prohibiting outdoor smoking. He encouraged the Council to consider this free-market approach. He thanked the Council for the opportunity to speak. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 MS. KATIE SLIMKO with the Palm Desert Chamber of Commerce read a prepared statement from their President/CEO Barbara deBoom, requesting a postponement on the Smoking Ordinance so that a committee could be formed with interested members and residents to study the ramifications of any Ordinance. The Chamber met with some of their members and agreed some type of Ordinance may be in order and would like to be part of the process to determine what that might be. MR. SCOTT PAUL, Computer Consultant, stated he had never addressed any City Council before, and that it was a privilege to have a democratic process present to have an opportunity to take part. He said he was an ex -cigarette smoker, but he still engaged in cigar pipe and tobacco smoking. He said the City couldn't afford the lawsuits that would come if the Smoking Ordinance banned people from smoking in apartments. In addition, there were many Native Americans who used tobacco or smoked tobacco as part of their religion, and denying citizens the right to religion was against the first amendment. He questioned how landlords would engage with tenants who currently were smokers and would tenants be forced to move out once their lease expired. He wondered if the City could afford to lose its tax base by pushing its residents out of the City or deterring tourist from spending their money in Palm Desert. He said two stores had recently opened up on El Paseo, but a lot more businesses were going under, and a Smoking Ordinance should not be the City's focus at this time. He said many assembled at local coffee shops on Thursday nights to have a cigar and a cup of coffee in the back patio, but the proposed Ordinance would prohibit people from doing so. He went on to say that banning those who were on the Medical Marijuana program would be a discrimination against their disability, and those in recovery from alcoholism, would have to recover from alcohol, drugs, and nicotine all at once. He said the proposed Ordinance will affect employees and employer's potential earnings, require additional signage at employers' cost, and impose an additional burden on the Police/Sheriffs Department, which he preferred they focused on preventing and solving crimes rather than ticketing a smoker on the street. He reiterated employees/employers couldn't afford to lose business. He said there were more "For Lease" than "For Sale" signs since 2004. He couldn't believe this was something a City could push forward without a democratic vote; he thought an ordinance needed to be on a ballot so that everyone had an opportunity to vote on it. He said the Ordinance contained language about secondhand smoke that was based on flawed evidence; he offered to provide each member of the Council information about his findings. He said the Environmental Protection Agency (EPA) actually had skewed their measurements to match results that were accidentally and prematurely released; he said secondhand smoke was not as deadly as it was made out to be. He said he was trying to make sure the City handled his constitutional rights correctly. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 MR. RONALD COOK stated he was a resident and business owner in Palm Desert, and that he had never smoked, but he was against the proposed Ordinance as written. He thought the best approach would be to form a committee so that everyone could make an educated decision, much like what happened with the Sound Ordinance. He said the committee for the Sound Ordinance included members of staff, different business owners, residents, and it worked well. He was not a great believer of forming committees, but after working for the Fire Department for 22 years, he learned they could be a good thing. He hoped a committee could be formed with representation by everyone that would be affected, because the Smoking Ordinance was inevitable, and he hoped the end result would be a document that was workable and equitable for all parties involved. MR. BERT BRUNING, Palm Desert, CA, stated he and his brother were owners of the Palm Desert Tobacco since 1983. He originally had two or three pages written on the matter, but much of it had already been expressed. He said no one would argue that tourism was the life blood of the City, but wondered why in an economic downturn, it would turn away thousands of customers into the City because of a lifestyle choice that involved a small product, which some people didn't like. He respectfully urged the Council to table the proposed Ordinance until seasonal residents, members of the business community, and the City Attorney could meet to discuss the many issues of this draconian ordinance. MS. AOTOMN MARTINO, Palm Desert, CA, stated she was against the proposed Ordinance and was a nonsmoker. She said fires, which couldn't be controlled posed a greater threat to the quality of one ever smoking. She said cigarettes were legally sold in the City, yet if not allowed to use throughout the City and only in the privacy of their home, the recirculation of the air from the air conditioner would enter the City anyway. She said stopping one from smoking would not eliminate the problem of having cigarettes from polluting the air. MS. LANA COSTANZO, Palm Desert, CA, stated that numbers were increasing in unemployment, bankruptcy, foreclosures, etc., and City needed to focus on increasing those economic numbers; there is concern that the fiscal impact of this Ordinance would be detrimental. She wondered what would happen to those people who are sited for smoking and would they be put into the City's overcrowded jails. She questioned where would the restrictions end, because the City could then start outlawing large dogs and only allow dogs that were 12 inches or under because of what it could do to the landscape. She said this situation will affect the City's shopping centers and people will then go to The River in Rancho Mirage. She said people came to Palm Desert for its hospitality, golf, tennis tournaments, etc., and afterwards they went to restaurants like Pacifica Seafood, Sullivan's 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 Steakhouse, the Fire Cliff Inc., and Armando's Dakota Bar & Grill. She said Palm Desert was a fabulous place to live in, and she would like to keep the people that lived here already, and encourage younger people to live here as well. She proposed the City conduct a feasibility study to find out what the economic impact would be and table this matter for year. The City needed to find out how such an Ordinance was implemented by other cities, because it will have a domino effect. She encouraged the Council to vote independently and allow the City to grow and not turn it into a ghost town. MR. MILO MALOTTE, stated he was the owner of The Red Barn and had been in the bar business for 45 years. He shared that for his business, he built a patio and barbecue with a commercial hood, and everything was fine for more than a year. The City then hired two new Fire Chiefs that didn't approve of the barbecue or fire pits so they closed him down. Soon after, the Health Department claimed smoking was not allowed at his place of business because the area was too closed in and asked that he install a cyclone fence; he took the screen out from one wall and made the changes. He was then later asked to remove a two -foot wall, which he did, but it cost him a lot of money. He said the City keeps making changes, and it was time it allowed business owners to run their own business. MR. FRANK MOTT, Palm Desert, CA, stated he came to the desert in 1965 and recalled when City Council meetings were held at the Sunshine Meat, Fish & Liquor Store. He noted he quit smoking by choice and didn't endorse smoking; however, people should not forget the founding fathers who were dissenters that fought for freedom of choice. He said the manufacture and sale of tobacco was legal. He wondered what would happen if a law was passed declaring that every legislative body had to place a sign on the door stating, "The law we pass here may be detrimental to your health or wealth." He said smoking was either legal or illegal, but with all the restrictions placed on smoking with the proposed Ordinance, it was feared that a legal act was being made illegal. He was not condemning or condoning smoking, but he felt the pendulum had swung too far one way, and it was totally denying property owners their choice. With regard to smoking in public places, he suggested designating smoking areas that would allow people to make a choice. He asked the Council if such an item would have been on the agenda 15 years ago and asked that the Council retum to the founding fathers ideal of choice. He thanked the Council for their time and patience. MR. GUILLERMO AVALOS, Owner of Restaurante Guillermo's, Palm Desert, CA, stated he believed Palm Desert was the best City in the desert, but the proposed Smoking Ordinance would affect his restaurant as well as many other businesses in the dining and entertainment categories; it would place them in an enormous disadvantage with neighboring cities, specifically Rancho Mirage and Indian Wells. He would probably be supportive of 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 implementing such an Ordinance if all the cities in the valley were doing the same. He suggested the City conduct an experimental phase by implementing the Ordinance at Desert Willow for six months or a year, since the public golf course was owned by the City, it could then provide the positive or negative results to all the business owners. MR. DAVID AVALOS, Palm Desert, CA, stated there wasn't much to do in the desert for a 25 year old like himself, but he loved living in Palm Desert. However, there were only a limited number of night clubs in Palm Desert. He himself didn't smoke, but his friends did, and even though he understood secondhand smoke was a health hazard, he didn't want to have to go out of town in order to hang out with his friend because they liked to smoke cigars. He noted an election year was coming up and stated he would be proactive in getting his friends and family to go out and vote. He proposed this Ordinance be placed on a ballot where residents had an opportunity to vote instead of just five councilmembers making that decision. He hoped he wouldn't have to start campaigning against members of the Council on behalf of smoking. Councilman Kelly stated Ordinance No. 1154 was introduced a month ago, and it was meant to address the only problem they had with the current Smoking Ordinance, which he thought was an excellent one. The amendment to Ordinance No. 1154 would address the problem of shared air conditioner or shared heating systems. He said it was terrible that the Council was in a situation where people had to speak up for their rights and freedom. He said the proposed Ordinance would prohibit one from smoking a cigarette while walking down Fred Waring, yet on the same street there were 40,000 vehicles traveling a day that pumped out smoke. As far as he was concerned, Ordinance No. 1154 should be passed to second reading, which was already on the agenda, and it would solve the shared air conditioning and heating systems problem. He said the City had 50,000 vehicles that traveled on Highway 111, 40,000 on Fred Waring, and 40,000 on Country Club Drive, that stopping someone from walking down a right-of-wayfor smoking a cigarette, didn't make any sense. He noted he was a nonsmoker. Councilmember Finerty stated she was a nonsmoker as well. She explained the original problem that came to Council's attention dealt with a dance studio that was next to a smoking establishment. The children going to the dance studio for ballet lessons were being exposed to smoke because of the shared air conditioner. The dance studio began to loose business because the parents didn't want their children exposed to the smoke. She was in favor of forming a committee to work on the proposed Smoking Ordinance like it did with the Entertainment Ordinance, and she was also in favor of adopting Ordinance No. 1154 to address the original problem. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 Councilman Ferguson stated he was once a smoker who started when he was 14 years of age and quit at the age of 40; he hated smoking most of those years, but he was addicted. It's been eight years since his last smoked a cigarette and hoped that his disdain for them would not compel his remarks this evening. He said perhaps the debate had been cast on economic concerns versus individual liberty, both of which he embraced. Earlier remarks junked science on secondhand smoke, but he had difficulty ignoring the first section of the City's Ordinance that stated, "The United States Surgeon General had concluded that there was no risk -free level of exposure to secondhand smoke and neither separating smokers from nonsmoker, nor installing ventilation systems effectively eliminated secondhand smoke." He said that statement came from the Chief Medical Officer of the United States and not the EPA or some wacked-up scientist. The Chief Medical Officer of the United States was from a Republican Administration, which was generally de -regulatory, and it was the same administration that was considering banning smoking in all Section 8, HUD Housing Apartments nationwide because of the danger to people, children, and buildings. He also took note of an article that was in the Desert Sun that stated "Municipalities that had strict anti -smoking ordinances had statistically lower incidents of drug and alcohol abuse among their children," which was something he couldn't ignore. So when he heard comments about individual liberty, smokers' rights, and economics, he was here to talk about children and health. Responding to comments from the audience, he said this matter was not about banning smoking, but it was about regulating a balance between health and the right to smoke. A person was still able to go out in public and smoke in a designated area, but not around children or at the entrances of public buildings, because the health risk was undeniable. He said secondhand smoke and its health hazards were known facts for more than 54 years, and he found it funny that people would want two more weeks to study it. He said Beverly Hills and Calabasa have a similar Smoking ordinance and both those cities reported positive results from their residents. He said health should not be left out of the equation when talking about one's money and freedom. Mayor Benson explained to the audience that they already had an opportunity to express their view and now it was the Council's tum. Mayor Pro Tem Spiegel said he had smoked for 40 years until he ended up at Eisenhower Medical Center with pneumonia and nearly died. He was glad he didn't smoke anymore; however, he agreed the proposed Smoking Ordinance was draconian. He talked to the City Attorney about the proposed Ordinance because it indicated "smoking was a public nuisance." He thought that statement could probably give citizens the right to sue someone who was walking down El Paseo for smoking a cigarette, which he thought would be going too far. In light of the fact that many cities including Santa Monica, 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 San Luis Obispo, El Cajun, Calabasas, Burbank, Beverly Hills, and Belmonte had implemented a similar ordinance, as mentioned by Councilman Ferguson, and the fact that Council was trying to address the original problem of the shared air conditioning because it was affecting the dance studio's business and children who went there, as mentioned by Councilman Kelly and Councilmember Finerty, he thought the amendment to the existing Ordinance made sense. However, he was concerned about how the proposed Smoking Ordinance would affect restaurants with patios. He spoke with the manager's from Sullivan's and Tommy Bahama's, and they thought it was a good thing because they could then tell their customers they couldn't Tight up a cigarette because of a City Ordinance. He believed a compromise could be reached, but as it was currently written, the proposed Ordinance was too strict. He suggested not honoring anything this evening, and move forward by forming a committee with concerned citizens that had restaurants, etc., like it did with the Noise Ordinance and have the committee come up with a compromise. Mayor Benson stated she worked with the American Cancer Society, and it was a huge deal to finally have designated smoking areas in restaurants. She said the issue started because a ten-year old school boy came to the City Council and asked, "When I go to a restaurant with my parent, why do have to have someone blowing smoke in my face?" The City Council was able to implement an ordinance that prohibited certain sections of restaurants for nonsmokers, which was a big deal. At that time, the Council looked at having a smoking ordinance for the entire City, but it didn't pass. She said the Council needed to keep trying to improve the health of the community; she believed the Council owed the nonsmokers the same right. Another change in the proposed Ordinance that hadn't been mentioned was the distance between smokers and the building. She said there was nothing worse than going into Von's to shop and having to walk through all the smokers. She said it didn't require a year to study something everyone knew was a health hazard, because there was sufficient information that secondhand smoke was as bad as being a smoker, and it was offensive to nonsmokers to have to smell it. She was in favor of the proposed Smoking Ordinance, and in favor of having it tweaked between the passing of the proposed Smoking Ordinance No. 1154AA and the second reading. Councilman Ferguson said he would move to motion Mayor Benson's recommendation. Councilmember Finerty noted Ordinance 1154 relating to shared air conditioner and secondhand smoke had already gone through the first reading and suggested passing the Ordinance to second reading. In the meantime, the City could form a group like it did with the Entertainment Ordinance, and address other areas such as patio areas in restaurants and 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 smokers at entry ways of buildings, which was something she found offensive when smokers congregated at the door. Mayor Pro Tem Spiegel suggested holding off on everything in order to come up with an ordinance that made sense to both smokers and nonsmokers. Councilman Kelly asked why couldn't Ordinance 1154, which prohibited shared air conditioner/heating systems to be passed to second reading, and in the meantime have the committee address the remaining issues. Responding to comment, he explained that Ordinance 1154 would address and solve the problem of shared air conditioning and heating systems, which would be the only change to the existing Smoking Ordinance. Mr. Erwin noted that Councilman Ferguson had a motion on the table, but wasn't sure there was a second. Councilman Kelly said he would offer a substitute motion by moving to, by Minute Motion: 1) Adopt Ordinance No. 1154; 2) deferred action on Ord. No. 1154AA until such time as the appropriate due diligence can be performed by way of the City working with interested persons in the community to find and propose an acceptable alternative. Mayor Benson stated the motion wouldn't solve the problem of encountering people smoking when walking into stores. Councilman Ferguson asked if Councilman Kelly was amenable to adopting Ordinance No. 1154, and passing Ordinance No. 1154AA to seconding reading, allowing the time certain for discussion. He reminded Council the Entertainment Ordinance was on the agenda this evening, but the process started five months ago. Councilman Kelly stated there wasn't any need to do anything with Ordinance No. 1154AA or 1154A because the committee wasn't finish with their work to move it forward. Responding to comment, he said it would be so onerous to pass Ordinance No. 1154AA to second reading before the committee met. Councilmember Finerty agreed a time line could be set without passing Ordinance 1154AA where everyone could have meaningful input, but the date may need to be further down so that the committee represented a great cross-section of people, including those residents who were currently out of town. Councilman Kelly agreed to amend his substitute motion to include a time line of October 9, 2008. Motion was seconded by Finerty and carried by a 5-0 vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 Councilman Kelly explained to the audience that the City Council had just approved Ordinance No. 1154, which would make it illegal to have a shared air-conditioning unit where there was smoking, and the remainder of the Smoking Ordinance was exactly the same. In addition, by October 9, 2008, a committee with representatives from every faction would review any improvements that can be made to the Smoking Ordinance and/or possible changes. Mayor Benson said if anyone wished to serve on the committee, they should contact the City Clerk's office or provide contact information to the City Clerk this evening. A member of the audience suggested that if such an ordinance could be adopted by all desert cities, it would help businesses compete effectively with neighboring businesses. Mayor Benson responded the committee would take it into consideration. Recess observed 5:03 p.m. to 5:10 p.m. B. 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. Code Compliance Manager Hart Ponder noted the staff report. He said a committee was formed to review the Entertainment Ordinance, and it made adjustments accordingly. He offered to answer questions. Mayor Pro Tem Spiegel moved to waive further reading and pass Ordinance No. 1150A to second reading. Motion was seconded by Ferguson. Councilmember Finerty clarified that approval of the subject Ordinance included direction for the City Attorney to work on a provision/or language directed at amplified music. Mr. Erwin confirmed he would complete that scope of the work. Ms. Klassen stated she understood the motion was to pass Ordinance No. 1150A to second reading as presented, and also requested the City Attorney include a provision relating to amplified music as a second directive. Mr. Erwin agreed. Mayor Benson called for the vote and the motion carried by a 5-0 vote. For Adoption: 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 A. ORDINANCE NO. 1157 - AN URGENCY 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 AND DECLARING URGENCY. Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1157. Motion was seconded by Spiegel and carried by a 5-0 vote. XIV. NEW BUSINESS A. CONSIDERATION OF APPLICANT APPEAL TO PLANNING COMMISSION APPROVAL OF A 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). Rec: By Minute Motion, reaffirm the decision of the Planning Commission dated June 3, 2008, directing the Applicant to proceed with development of Proposed Pad #2 as shown on the map attached to the accompanying staff report. Following is a verbatim transcript of this item. Ku: JMB Jean M. Benson, Mayor RS Ryan Stendell, Senior Management Analyst RAS Robert A. Spiegel, Mayor Pro Tem CF Cindy Finerty, Councilmember JF Jim Ferguson, Councilman RSK Richard S. Kelly, Councilman RDK Rachelle D. Klassen, City Clerk DN David Nelson, Applicant/Appellant DJE David J. Erwin, City Attorney JMB Next is New Business. First item is "Consideration of Applicant Appeal to the Planning Commission Approval of a Preliminary Building Site for a Hillside Planned Residential Property Located at 72-340 Upper Way West (APN 628-130-008), Case Number PP 07-12 (David Nelson, Applicant/Appellant)." RS Good evening, Madam Mayor and fellow City Councilmembers. The matter before you this evening, again, is a [sic] appeal of a Planning Commission decision...of a preliminary decision to locate a, appropriate building site for a five -acre parcel within the Cahuilla Hills section of the City of Palm Desert. Historically, the property 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 owner's owned the parcel since 2002 and felt that the...area here, indicated on the maps included in the packet as Pad Area #1, would be the...easiest...and most cost effective way to develop the property. And he has expressed his willingness to develop that pad in a, in a way consistent with the City of Palm Desert's goals and policies for the Hillside Planned Residential Zone. However...it does happen to fall on a ridge, which is express-, expressly prohibited in...today's ordinance. We have gone through several different variations of proposed pad sites for this property through the years...and staff is...been on this site numerous times with and without the owner...looking around for appropriate places. The...property's very steep and very difficult to locate a pad. The...upon several months ago, we were, I was out walkin' around, and...it...appeared to me that if...this is a denied location...then possibly...this...for bearing purposes, just let me point out, down here would be Highway 74...this would be north, south, and west. Everywhere on this portion of property would be directly visible from the City below and is in direct conflict with what we're trying to accomplish with the...latest revision to the Hillside Planned Residential Zone; and probably couldn't find a pad site over here anyways, because it's very, very steep. Upon kind of scouting out some of the areas back over here, which is in the...southwestem quarter of the property, it's, again, very steep. However,...if there was a spot that I would pick or pencil for a preliminary approval of a...site for a house that would impact the least amount of people possible, it would be in this quadrant of the...parcel, which falls belo-...this is the ridge, it falls below the ridge. At this point, this is a...preliminary approval, an optional preliminary approval, we are not vesting the property; we're giving the Applicant some direction as to what to pursue. And...at this point, the...Applicant will...discuss his...thoughts about feasibility on the property. Just looking at it from a staff perspective, we're saying that something could happen in that area. And looking at the property and the Goals and Policies of the current Hillside Zone, that would be staffs recommendation for where to put the proposed pad. Once the Applicant is given direction as to...what the appropriate area to build the home would be, he could then spend the money, develop the entire set of documents required for approval, and return to the City and start the entire, full entitlement process, which would go Architectural Review, Planning Commission, back to City Council for final approval. So this...really just gives the Applicant some direction as to where to explore...building the home on his property, being that over the years we have looked so many different sites, and this area seems to be the only area that staff would be willing to explore as a potential building site. And that would be staffs recommendation, that we...direct the Applicant to proceed with Pad Area #2, as indicated on the maps in everybody's, the aerial does not have it on there, I apologize for that, but Area #2, which would be the southwest quarter of the property. And staff would be happy to answer any questions that the Council may have on this, and the Applicant is also here. This is not a public hearing...but, however, the Applicant has expressed an interest in speaking to the Council on this matter. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 RAS Ryan, I have a question for you. Tell me what happened at the Planning Commission Meeting. RS After...we went through a decent amount of discussion on it, and talking about what's visible and what's not, and a reaffirmation of, you know, the ridge, which, the ridge, just for your information, comes down this way, and it actually Y's off kind of right here, and it comes down here, and this is the more prominent of the ridges. What it came down to was the Planning Commissioners...decided that...the no development on the ridges should occur. If it were developed up there, it...would have a...direct negative impact on the view and the line of sight of the citizens below. And ultimately, I believe, on a 4-1 vote, approved the Applicant to...proceed with Pad #2. The one abstaining, or the one opposition vote was saying that we sh-, we oughtta' let him...attempt to reasonably develop Pad Site #1. CF I would just add that it was a 3-1 vote, with Commissioner Campbell voting NO. RS Apologize. JF And what was wrong with Pad #1 again? CF It's on the ridge. RS Pad #1 is right on top of a ridge, which is...prohibited in, under the zone. The ridge comes down, there's a...flat area that must have been graded years ago... that...is right in this area and is on a ridge and directly visible from the City below, and... JF So, if it's prohibited, why is it an alternative? RS There's always an exception section in the ordinance RSK Well, I...the reason it's here, you know, is to... RDK Is your microph- RSK ...search for better way. RDK Councilman Kelly, turn your mic on. RSK And I think I have a proposal that would work. Oh, excuse me. JF Okay. RSK In other words, we're searching for something because it's appealed to see if we can solve the problem, and I have a proposal I think will work, at least if we go through the...and discuss it, I'II tell you, I'll express what I feel we could do. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 JF All right. JMB Okay, any other questions of Ryan? Okay, then I do have a card from David Nelson. JF Oh, one more question before Mr. Nelson gets up here. Do you have any cut and fill ratios for proposed Pad 1 versus proposed Pad 2? RS No. We're...no we do not. JF Because the Applicant didn't give them to you or... RS No...we're talking a very preliminary, I mean this is optional preliminary approval. We require that information under the full submittal. At this point, we were just saying, "Where is it appropriate to build this house that would not be impacting the City?" is the approach that staff took on this case. JF But do we not always try and minimize disturbance to the hillside as well? RS Yes. JF Okay. We just didn't get that far then. RS No, we did not. JF All right. JMB Any other questions of Ryan? Okay, then Mr. Nelson. DN Mayor, City Council, my name is David Nelson. I live at 72-595 Beavertail Street in Palm Desert, and I'm the owner of the property. When I purchased this property, it was with the intent to build on the area, which Ryan called the ridgeline area #1. Prior to purchasing the land, I met with Phil Drell, and he confirmed that that was the site that was most suitable location to build on at that time, and it would meet all of the City's Zoning Ordinances. From the first time I purchased this property, there've been numerous down -zones, which will now not allow me to build on that location. In fact, it is my contention that under the new Zoning Ordinances, it has left me with absolutely no feasible location to build. I've requested the City to identify and assign all of the site locations where you will allow me to build per the optional preliminary approval procedure. Site #2 is the only location, the site that that staff and the Planning Commission say I can build on. There are numerous problems with this location. First, the terrain and grade is just too steep at this location; even if it could be possible, it would result in huge engineering costs, not to mention the enormous scarring on the hillside that would be required. Also, agai-...the road, underground water main, and overhead utilities would all have to be relocated; 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 again, at an enormous expense. This makes this site both physically impossible and unfeasible to build on. But most importantly, it's also illegal for me to build on this site. Site #2 has access and utility easements criss-crossing all through it. I cannot legally build on or across those easements. Since the only place that you are allowing me to build on is unfeasible, impossible, and illegal for me to build on, logic dictates that you're not allowing me to build on my land. I fear that the City is in danger of forgetting that a strong public desire for open space on the hillside is not enough to awar-, to a warrant achieving that desire by a shorter cut in the Constitutional way of paying for that change. As I stated to this Council prior to down -zoning, it is my contention that with the new Zoning Ordinances, is there is absolutely no feasible location for me to build. Site #2 is no exception. Thank you, and are there questions? JMB Any questions? No? Okay, thank you. Okay. Comments? Dick. RSK Well...I went up there, and even in...even as bad as I walk, I walked around. Anyway...regardless of where the Applicant builds, it's gonna' require a lot of grading. And...he...the Applicant would like to build on...Pad #1. To me, it looks like...he's gonna' have to do a lot of grading on that hillside to get a pad in there anyway. And...l, seems to me that by...building up the front part of that ridge there and using the grading material that he would take from that...part of the mountain there and build a...new ridge, and...fix it up so that it looked like any other ridge, which we saw...can be done...on other locations, that he would be able to...build on...Pad 1 without being able to see it from...as a ridgeline. It...he would actually...could create a new ridgeline and build right behind it and wouldn't have to do any more grading than he'd do anyway. RAS Ryan, has Mr. Nelson looked at that option? RS When I discussed the...yes, actually, he has designs of a home already, I believe, that, or close -to, that could mimic that. When I mentioned the exception earlier, that would still require a huge exception to the ordinance. However, if it was designed in a way consistent with the goals and policies and with the direction of Council, think we could get there. But...that...would still, be clear, that would still require a major exception to the ordinance, because it does physically cross a ridge. However, if we're manufacturing a ridge... RSK You...wouldn't even see the house on...you couldn't even see the house on the ridge if you did it tha-, this way. And it's gonna' cause a lot...if Pad...#2 is gonna' also create a lot of problems and lot of visibility, and etc., etc., etc. So...to have...that amount of property and not be able to build on it is not right either. But I would be satisfied that he could build up the ridge so you wouldn't even, you couldn't even see the house. JMB That's what Hagadone said. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 RAS Ha - I don't wanna' go down that road. JMB (Unclear) Okay, any other comments? JF Well, I'd like the legal question addressed about the easements. Did we not look at those? RS We did, but we were simply trying to find appropriate places to...and staff had told the Applicant, made him aware that we would...cooperate in any way necessary —if it required us to help him relocate easements. If it did require the easements...and actually, physical utilities go up the road...we were simply scouting the site for a very preliminary space to build a house, and that was where we were at. We did not get into details of that matter at this point. But we did express from staff level, at least, that we're gonna' help find a solution to this problem. JMB Well, I can't see that building a false ridge is gonna' save Mr. Nelson's problem, 'cuz I'd assume he's building on the ridge because he wants the view. So if he's gonna' look at a...the ridgeline from his front window, I can't imagine him agreeing to that. But, I just can't see manipulating the ordian-, audian-, ordinance that we went so hard to get last time so this wasn't gonna' happen again —that we weren't gonna' have houses on the ridgeline. And 1 would be in favor of upholding the Planning Commission's...direction of Pad 2. CF I would concur. I think it's very clear...what we went through to prohibit building on a ridgeline. We've been down the road of people telling us what we can see and what we can't see, and it's very important that our hillsides are protected. And I would also...be in favor of upholding the decision of the Planning Commission. RSK (Inaudible) JMB Any more discussion? RSK One more comment. I'm not proposing he build on the ridge, and...if he...when...he...wherever he...levels the pad, he's gonna' have to move a lot of dirt. And that ridge would be as pure as it is, actually more pure than it is today, because it has the pad on it right now. Seems to me that we...wouldn't be...violating our ordinance by...because the house would not be on the ridge, and you could not see it on the ridge. So I...can't see otherwise where he's got a, has a place to...build. We're searching for a...place for him to build and still...stay...within our...the...intent of our ordinance that...what I talked about would work. JMB Okay, we do have a motion and a second. Any other comments? Jim? JF Well, I guess my comment is if you just look at the topo map, and you look at Pad 2, which has a drop from 758 to 728, so there's a 30-foot elevation difference 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 that's either got to be cut or filled somehow. I mean, I don't care how you slice it, but the engineers out there know better than I do. You don't get a level pad with a 30-foot grade differential without cutting and filling something, which, to me, would either leave a huge scar in the hillside, or we'd import a heck of a lot of dirt and fill up a natural valley. If you look at Pad 1, you've got 768, 772, 773, 773, 772, 772, 771, 770—they're all within about six feet of each other. And I know what the purpose of our Hillside Ordinance is and everything, but I think Mr. Kelly might have a decent idea that if you wanted to make this level and push a lip towards the forward part of the berm, and also, Mr. Nelson, I know you're familiar with houses that we've landscaped in such a way that you see sort of an oasis on the hill and not a spaceship...it seems to me that that's the more logical, notwithstanding our Hillside Ordinance, it seems to me that that's the most logical engineering spot to put a house. RAS That too. RSK One other quick comment. What we're doing here is directing the staff to work on...a pad that might...suffice. So our direction could be to investigate my idea; it doesn't mean that he has a permit to build there. Staff would work with him to see if that was possible, and then...they...would actually bring something back to show what was being proposed. We're not actually approving anything. RAS In other words, you'd like to continue it. RSK Well, I'd...like for staff to be able to...explore my idea. RAS Okay. DJE (Unclear) RSK If it doesn't work, it doesn't work. RAS If that (unclear). DJE Madam Mayor, I think you do have a motion. RAS Yes. JMB Have a motion and a second on... DJE Pad 2, on pad 2. RSK On what? JMB ...on the floor 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 (Unclear) Two. RSK What is the motion that's on the floor? JMB For Pad 2, to uphold the Planning Commission's... RSK I would make a substitute motion that we direct staff to investigate the alternative for use of Pad 1. JMB We don't have to vote on the first one first? RSK Second one comes first. DJE The second one, second one would come first, if there's a second to it. Second motion, substitute motion would come first, if there is a second. RSK Second...the substitute motion comes first. DJE That's what I said, if there is a second to it. RAS I'll second the motion. JMB Okay. Any other discussion? Please vote. RDK That motion fails on a 2-3 vote, with Councilman Ferguson, Mayor Benson, Councilmember Finerty voting NO. RSK I didn't still up there...I didn't see it, the results. RDK I apologize. It was a 2-3; it was two, two in favor. JF I meant to vote yes. RDK Oh, well you were the last one, and yes, your... JF Because I couldn't figure out whether I was voting on the substitute or the primary motion. RAS You're voting on continuing it. RDK Well, it could be red-... JF I was...yeah, yes to continue. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 RDK Okay. Wait a second, let me activate it again. And then you can re -vote on the last motion, the most current motion on the floor. RSK/DJE The substitute motion. RDK Substitute motion. JF All right. Sorry about that. RDK That's...how about Mayor Benson, did you vote on that one? Okay, the... RSK That's the substitute motion. RDK That's the substitute motion. Okay, this time it passes on a 3-2 vote, with Mayor Benson, Councilmember Finerty voting NO. And that was the, directing staff to explore the alternative for Pad 1, correct? RAS Right. RDK Thank you. RAS Does that negate the initial? DJE That's correct. RAS Okay, thank you. For purposes of clarification: Councilman Kelly moved to, by Minute Motion, direct staff to explore all alternatives available to the Applicant/Appellant for development of Pad #1. Motion was seconded by Spiegel and carried on a 3-2 vote, with Finerty and Benson voting NO. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 B. CONSIDERATION OF AN APPEAL TO A DECISION BY THE ARCHITECTURAL REVIEW COMMISSION, DENYING A REQUEST FOR COLOR CHANGE TO AN EXISTING SINGLE-FAMILY RESIDENTIAL HOUSE LOCATED AT 45-751 EDGEHILL DRIVE Case No. MISC 06-04 (Gary Bazik, Applicant/Appellant). Assistant Planner Kevin Swartz noted the Applicant painted his home without obtaining approval and numerous neighbors complained about the colors he used. The Architectural Review Commission (ARC) denied the applicant's proposed color scheme and asked the Applicant to resubmit a new color scheme. The Applicant appealed the decision of the ARC, and staff recommended Council uphold the ARC decision. MR. GARY BAZIK, Applicant/Appellant, stated he moved from Seattle a few months ago and bought a home in Palm Desert. When he bought the house, there were a lot of vines all over it and up the sides of the walls, but he got a good price for it because it had been on the market for a while. He said the vines were growing under the roof and under the side of the house that he had to tear them off, and in the process he tore the siding and plaster. He obtained three separate bids for the painting, and he showed the painters his color scheme, and not one of them told him there was a law against the colors he chose. He was even told by a neighbor that no one could tell him what color to paint his house. He painted his home and then received a citation notice. The person who served the notice told him the house looked fine, and for him to just take the color chips down. In addition, Mr. Swartz took a picture of the house to show his supervisor, who said only the yellow doors had to be changed. He then took the matter of changing the color of the doors up with the ARC, and they then requested he change the color of the entire house. He thought it was an outrageous request because his next door neighbor had the only chocolate brown roof and a block away were houses with the same color scheme as his home; photos of the homes he had just mentioned were presented to the Council. He said from the back porch of his home, one could see a bright orange home, and a block away was a motor home that was parked for six months, yet he was told to move his. There were different set of rules within a one -block area, and he wasn't living in a gated community. He was amenable to repainting the color of the doors but not the entire house, because he would be the one to have to do the repainting. Responding to question about attending the ARC hearing, he said he was told the hearing would take place at the end of the month, but he didn't receive notice, otherwise he would have attended. Mayor Pro Tem Spiegel stated the impression was that the Applicant wasn't there to defend himself. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 MR. BAZIK said this matter was holding up the landscaping and shade sales that needed to be installed. Councilmember Finerty asked if it was the City's policy to notify the Applicant. Mr. Swartz responded the Applicant was notified by mail and that letters were mailed out prior to the meeting. He pointed out that the neighbors were also notified, and they were present at the hearing. Councilman Ferguson asked the Applicant if the Architectural Review Commission provided constructive advise as to what they wanted. Mr. Swartz responded the ARC told the Applicant to choose colors that matched the existing neighborhood, which are off-white, cream, brown, and tan. The ARC also provided direction to what was appropriate. Mayor Benson stated she drove by Edgehill Drive and noticed that most of the houses were tan, brown, and beige. MR. BAZIK pointed out that one house down Edgehill Drive was green. However, he didn't buy a home in Edgehill, he bought a home in Palm Desert and Edgehill Drive was not its own little community. Councilman Kelly asked the Applicant if he had any problem repainting the garage doors. MR. BAZIK replied that he wouldn't. He added that in the back yard, the chimney stacks were supposed to be orange but they were painted yellow. Responding to question about working with staff on an alternative color for the garage doors, he said he wouldn't have a problem. Mayor Benson said the garage doors weren't the only problem, it was the color of the entire house as well. Councilmember Finerty stated that most people in neighborhoods preferred an earth tone color scheme. She had often painted her house an earth tone color, even though it wasn't her preference, but it was what the neighbors liked. She said the City had an Ordinance, which the Council should follow and uphold. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 Councilmember Finerty moved to, by Minute Motion, reaffirm the action of the Architectural Review Commission (ARC), denying the proposed color change to an existing single-family residential house located at 45-751 Edgehill Drive. Motion was seconded by Benson. MR. RON WILLIAMS, Desert Falls, Palm Desert, CA, stated he's been living in the desert for 17 years and had been involved with the community, parades, etc. He said Mr. Bazik bought a home in Palm Desert because he told him what a wonderful town it was. Mr. Bazik had a place in Palm Springs in a gated community where all the houses looked the same, but he didn't want that. He bought a home in Palm Desert where there were a few houses and thought he could paint his home the color of his choice. He had never heard of such an ordinance that required the City's approval, which he faulted himself for not knowing, but he didn't think Mr. Bazik's house was offensive. He said people came from all over the country to take pictures of the desert flowers because they didn't just want to see the hills. He said originally the ARC would have approved the home if Mr. Bazik's had agreed to change the color of the garage doors. He went on to say that Mr. Bazik never received notice about the ARC hearing and wasn't able to defend himself. He said it seemed the neighbors of these 14 homes controlled the color for the neighborhood, yet one had to drive up Pitahaya to get to it and along the way one passed houses of every color. He said it didn't make sense that a Council would punish a new member of the community by saying it didn't care that it cost $10,000 to paint a house, because the City wanted it brown. He said it wasn't the City he knew. Councilmember Finerty restated the motion. Councilman Ferguson stated the ARC was charged with finding a balance in the aesthetics of a neighborhood, and it didn't dictate specific colors or how to paint a house, but it was the process by which the City used to keep its standards to the level that one moved to Palm Desert for. He said if a permit was obtained, the Applicant would have been informed of the Ordinance and this matter would not be a problem today; his main point was that the City had a system of checks and balances to have an orderly aesthetic community, and Mr. Bazik's color scheme did not meet the criteria according to the ARC. He said Mr. Bazik had appealed the ARC decision, and the City Council was about to vote on it. Mayor Benson called for the vote and the motion carried by a 4-1 vote, with Kelly voting NO. Councilman Kelly said he voted no because he thought better direction could have been provided to the Applicant to achieve a better outcome. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 Mayor Pro Tem Spiegel suggested that the Applicant approach the ARC with the new proposed colors for his home, because there was a possibility the Applicant may not have to change the entire home. MR. BAZIK said that would be nice. Ms. Aylaian agreed to set that meeting up. C. REQUEST FOR AWARD OF CONTRACT FOR CIVIC CENTER HEAT PUMP REPLACEMENT PROJECT (CONTRACT NO. C27830). Mr. Ortega noted the staff report and staffs recommendation to award an air-conditioning replacement bid. He said staff was available to answer questions. Responding to question about the number of bids, Mr. Croy said there was only one bid, and it may be because not many companies could meet the requirements for energy conservation on the units and also handle such a large project. He said staff could rebid if Council desired. Responding to question about the SEER rating, Mr. Croy responded he didn't think the SEER rating could be obtained for commercial units because it was a different requirement. Further responding, he agreed with Councilmember Finerty that the rating was EER 17, which was very expensive. He confirmed staff was replacing a total of 11 units, but there were 15 total that needed to be replaced. Councilman Ferguson moved to, by Minute Motion, award the subject contract for the Civic Center Heat Pump Replacement Project to Hugh Hoard, Inc./H & H Air Conditioning & Heating, Palm Desert, California, in the amount of $82,880 and authorize the Mayor to execute same — funds are available in Account No. 450-4161-415-4001. Motion was seconded by Kelly and carried by a 5-0 vote. D. REQUEST FOR EXTENSION OF PARKS MAINTENANCE CONTRACT FOR ONE YEAR AND APPROVE A COST OF LIVING INCREASE TO THE CURRENT CONTRACT PRICE FOR FISCAL YEAR 2008-2009 (CONTRACT NO. C26381A). Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Extend the subject Parks Maintenance Contract with Kirkpatrick Landscape, Inc., Indio, California, fora period of one year, FY 2008-2009; 2) approve a cost -of -living increase of 3.3% to the current Parks Maintenance Contract with a new contract amount of $465,965.64, plus extra work and supplies at the rate specified in the contract in an amount not to exceed $53,716 — funds are available in the various Park Maintenance Accounts. Motion was seconded by Finerty and carried by a 5-0 vote. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 E. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE MONTEREY AVENUE MEDIAN LANDSCAPE FROM COUNTRY CLUB DRIVE TO HOVLEY LANE WEST (CONTRACT NO. C25430B, PROJECT NO. 961-02). Councilman Kelly moved to, by Minute Motion: 1) Waive apparent irregularities in the bid; 2) award the subject contract to Rock Bottom, Inc., Bakersfield, California, in the amount of $152,380; 3) authorize a 10% contingency for the project in the amount of $15,238; 4) authorize the Mayor to execute the subject agreement — funds are available in the Median Landscape Account, No. 400-4614-433-4001. Motion was seconded by Finerty. Mayor Pro Tem Spiegel stated there were currently yellow standards directing traffic into the grocery store and wondered if they would remain after the median was completed. Mr. Greenwood responded they wouldn't. However, at the present time, staff was having trouble securing an encroachment permit from the City of Rancho Mirage to perform the work for the raised median, and this contract was for the landscaping that followed that work. He said the contractor may not be able to proceed in a timely manner, and the City could be subject to some financial responsibility if the Council awarded the proposed contract this evening. Responding to question, he said this information was just made known and staff was recommending that this item be continued to a date uncertain. Mayor Pro Tem Spiegel amended his motion to continue this item to a date uncertain. Motion was seconded by Finerty and carried by a 5-0 vote. F. CONSIDERATION OF REQUEST FROM THE PALM DESERT POLICE DEPARTMENT FOR AUTHORIZATION TO PURCHASE THREE (3) NEW HONDA POLICE MOTORCYCLES AND RELATED ANCILLARY EQUIPMENT. Councilman Kelly moved to, by Minute Motion, authorize the expenditure of $116,964.04 in Police General Funds to purchase three (3) new Honda Police Motorcycles, along with ancillary equipment, from the vendors named in the accompanying staff report — funds are available in Account No. 110-4210-422-4045 and no additional appropriation is required. Motion was seconded by Spiegel and carried by a 5-0 vote. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 G. REQUEST FOR EXTENSION OF CONTRACT WITH FULL GALLOP MARKETING COMMUNICATIONS IN THE AMOUNT OF $96,300 FOR ADVERTISING SERVICES - FISCAL YEAR 2008-2009 (CONTRACT NO. C23413). Mayor Pro Tem Spiegel noted the Marketing Committee recommended that this contract go out to bid next year, but this year, it will continue with Full Gallop Marketing Communications. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Concur with the Marketing Committee's recommendation and extend the subject contract with Full Gallop Marketing Communications in the amount of $96,300 for FY 2008-2009; 2) authorize the Mayor to execute the agreement on behalf of the City — funds are available in Account No. 110-4417-414-3215. Motion was seconded by Finerty. Councilman Ferguson asked how many years did the City have Full Gallop Marketing Communications as its marketing vendor. Marketing Manager Kristy Kneiding responded Full Gallop Marketing Communications started in August 2000 and going into it's ninth year. She pointed out that after year fives, the contract went out to bid, and it was again awarded to Full Gallop Marketing Communications. Councilmember Finerty stated she would approve the extension because the Committee went out to bid in 2005 and was planning on going out to bid next year, which was the responsible thing to do. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. H. REQUEST FOR AWARD OF CONTRACT TO COACHELLA VALLEY PRINTING GROUP FOR PRINTING OF THE MONTHLY BRIGHT SIDE NEWSLETTER FOR FISCAL YEAR 2008-2009 WITH A ONE-YEAR EXTENSION PROVISION (CONTRACT NO. C27840). Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Award the subject contract to Coachella Valley Printing Group, Indio, California, for monthly printing of the Bright Side newsletter in the amount of $5,757/month for FY 2008-2009 and a one-year extension provision including a 5% increase; 2) authorize the Mayor to execute said contract — funds are available in Account No. 110-4417-414-3610. Motion was seconded by Finerty and carried by a 5-0 vote. 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 I. REQUEST FOR APPROPRIATION OF FUNDS IN THE AMOUNT OF $150,000 FOR CONTINUED OPERATION OF THE HOUSEHOLD HAZARDOUS WASTE FACILITY BY BURRTEC WASTE & RECYCLING SERVICES. Councilman Kelly moved to, by Minute Motion, appropriate funds in the amount of $150,000 from Account No. 236-4195-454-3090 (Recycling Funds) for continued operation of the Household Hazardous Waste (HHW) Facility operated by Burrtec Waste & Recycling Services. Motion was seconded by Finerty and carried by a 4-0-1 vote, with Ferguson ABSTAINING. J. REQUEST FOR REVIEW AND APPROVAL OF OUTSIDE AGENCY FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2008-2009. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Consider and approve award of charitable contributions in the total amount of $368,750 to the agencies listed in the accompanying staff report, with associated restrictions and conditions; 2) authorize the Mayor to execute agreements with said agencies for awarded funding. Motion was seconded by Finerty. MR. RICHARD BOLACCO, Executive Director of Desert ARC, thanked the Council for all the support given to their organization, and it was appreciated by the organization and their clients. He understood there were many needs in the community and acknowledged his request for the van was not approved. He said he wasn't appealing the City Council's decision, but only to share that their vans were from the early 90's, and they were seeking funding for at least one van because it was a great need. Mayor Benson stated the Council appreciated the direction the organization was taking. Councilman Ferguson offered a surplus vehicle. MR. BALOCCO responded he would accept the vehicle as long as it had seven seatbelts. Councilman Ferguson said he didn't know what was available, but the City had a policy where every year surplus vehicles were given to nonprofit organizations, and it may have one that met Desert ARC's needs. MS. JOYCE DONALDSON, Weil Institute of Critical Care Medicine, introduced herself as the Institute's new Director of Development and Communication. She thanked the Council for consideration of their grant request, even though it was probable that it wouldn't be approved. She said it was almost certain that if another year went by without granting their 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 request, according to their estimate, as many as five residents of Palm Desert will have a cardiac arrest and will not be saved during that one year. She said less than 5% of victims were brought back to life in the Coachella Valley. The current survival rate in the Valley was 3%, even though there were 70% of cardiac arrest victims being saved within the home. She said it was their goal to make it more possible for all City of Palm Desert residents to become first-hand lifesavers. They hoped their grant would be approved to make Palm Desert a role -model throughout the country so that other communities would strive to surpass its goal to save 30% of the Coachella Valley residents. Councilmember Finerty stated with the City's donation to Eisenhower Medical Center, CPR was taking a back seat to defibrillators as far as saving lives. She said the committee did a good job of outlining the needs and was happy to second the motion. Mayor Benson called for the vote and the motion carried by a 4-0 vote, with Kelly ABSENT. K. REQUEST FOR ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY, APPROVING PAYMENT BY THE AGENCY FOR ALL OR A PART OF IMPROVEMENTS TO THE ALESSANDRO ALLEY PROJECT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro Tem/Chairman Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 08-48, approving payment by the Palm Desert Redevelopment Agency for all or a part of the cost of the Alessandro Alley Improvement Project; 2) Redevelopment Agency Resolution No. 547, approving payment by the Agency for all or a part of the cost of the Alessandro Alley Improvement Project. Motion was seconded by Finerty and carried by a 5-0 vote. L. REQUEST FOR CONSIDERATION OF THE CREATION OF A PALM DESERT HISTORIC MUSEUM IN CONJUNCTION WITH THE PALM DESERT HISTORICAL SOCIETY. Mr. Ortega noted Council had directed staff to explore options and those options were outlined in the staff report. MS. BARBARA KEEDY EASTES, Vice President of Historical Society, stated she was one of the original founding families of Palm Desert. She thanked the City for their continued financial and spiritual support of the Historical Society, and as the incoming President, it was her duty to keep her parents and close friends history included as part of the Palm Desert history. She wished to represent those families this evening, and stated the 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 City must preserve the history of the people who came before. This past year the Historical Society received 500 boxes of Henderson memorabilia, 50-70 boxes from the University of California on Randall Henderson, a golf cart used in the first Palm Desert Golf Cart Parade by Dwight D. Eisenhower, memorabilia of the Shadow Mountain Polo Club, private donations from people who cared about the City that was part of its beginings. She said the Historical Society provided school tours, sponsored the Mini Muster, hosted educational programs, and is writing a book on the history of Palm Desert. All the work was done by volunteers, and stated the City must continue their support for the Historical Society and provide it with more space to work out of. She looked forward to working with the City to provide another showcase for the City along with the Visitor's Center and the Henderson Building. MR. RICHARD J. FOLKERS, President of Historical Society, stated it was his pleasure to have worked with the City for 17 years. As the outgoing President of the Historical Society, he wished to provide additional suggestions to the space situation and staff report. He provided a copy to the Council of his additional suggestions. He said the Historical Society was currently leasing a building with approximately 3,200 square feet, and stated he would like to work with the City Council and staff to come up with something worthwhile moving into. He said other cities had done some nice things recently and stated those ideas could certainly be looked at. He agreed option two, which was the site by the Visitor's Center and Henderson Building would be the best place to move to because the advantages of being at that location were so great. One concern he had about the Portola building was that it didn't have a basement, which was a mandatory situation for their archives. He again thanked the City Council and staff for what's been done to help the Historical Society. Councilman Kelly stated the site at Entrada del Paseo would provide excellent parking for the Historical Society building, provide better protection of past records, and conveniently located next to the Visitor Center and Chamber of Commerce. He said a building of a smaller version could be build now that could later be expanded as needed. Mayor Pro Tem Spiegel approved of the location but felt a larger building was needed; otherwise, it wouldn't be much of a gain for the Historical Society. Councilman Ferguson suggested accepting the recommendation of the proponents to form a study committee made up of staff and a couple of Councilmembers. He suggested the City take over half the building of the College of the Desert's library, because it was suitable for storing historical books with plenty of parking. He didn't think it would cost nearly as much as 36 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 Entrada, but it was just one idea. He said several ideas had been thrown out, but no one had ever sat down with the matrix's and written down the pros and cons. It seemed a study committee could come up with a recommendation. Mayor Pro Tem Spiegel reiterated the Entrada location was a great one because it tied everything together for the City; two restaurants near all the major activities for the City. Another aspect he appreciated about the location was that it would attract more people to the Visitor Center, The Chamber of Commerce, the Historical Society, and more people would see the history of the City. He thought it was the ideal location with the great garden around it now, and stated he preferred the larger building. Mr. Folkers said the current building was 2,987 square feet with a scout house in the rear that was 200 square feet, totaling close to 3,200 square feet. Further responding, he said if the new building included a basement, the square footage would be 6,000. However, if the new building did not include a basement, it would be a real problem because a basement provided climate control for their archives. Responding to question about the cost, Ms. Riddle said the new building did not include a basement and agreed the cost would double to $4.4 million if it did. She said someone from the Redevelopment Agency could best answer that question. Redevelopment Manager Martin Alvarez responded staff didn't have an estimate of what a basement would cost, but he would look into it. Councilmember Finerty stated the current 3,000 square -foot building was too small and it already included a basement, and now the City was proposing another 3,000 square -foot building for $2.2 million, but that amount could double because a basement was needed. She was concerned about how the City would pay for a larger building in the current economic situation. She thought perhaps a group of people needed to work together to find the best solution. Mayor Benson stated she thought option 2 was the best because the City spent money on the new Visitor Center and new Chamber of Commerce, and thought the Historical Society deserved a building whether it included a basement or not; she said it may be cheaper to add another room. For functional purposes, she didn't think people who went to the Visitor Center or the Chamber of Commerce would get in their car and drive somewhere else, because restaurants were already there. She said the building didn't have to be built tomorrow, and she would certainly like to work with the 37 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 Historical Society to see what type of building could be built on the Entrada lot. Mayor Spiegel agreed with Councilman Ferguson to have staff and two Councilmembers work with the Historical Society to find out what was needed. He said it made no sense to move the Historical Society into a 3,000 square -foot building, which was what they currently had, and it was already crowded. He suggested continuing this matter until the Redevelopment Agency, City Council, and Historical Society had an opportunity to meet. Councilman Ferguson suggested staff look at the things that could have been done better with the construction of the Visitor Center and the Henderson Building, so that it wasn't repeated. Mayor Pro Tem Spiegel moved to, by Minute Motion, continue the matter to the meeting of September 11, 2008, with a subcommittee of Councilman Kelly and Mayor Benson appointed to work with City staff and the Historical Society on details in the meantime. Motion was seconded by Finerty and carried by a 5-0 vote. M. REQUEST FOR APPROVAL OF A CONTRACT WITH ECOMOTION IN AN AMOUNT NOT TO EXCEED $196,400 FOR PROFESSIONAL SERVICES NECESSARY TO CRAFT THE PALM DESERT SUSTAINABILITY PLAN, DEVELOPMENT AND DOCUMENTATION, GREENHOUSE GAS/CARBON FOOTPRINT INVENTORIES, AND ENERGY POLICY GUIDANCE IN ACCORDANCE WITH AB32 (CONTRACT NO. C27850). Councilman Ferguson moved to, by Minute Motion: 1) Approve the subject contract with EcoMotion, Irvine, California, in an amount not to exceed $196,400 for development and documentation, greenhouse gas/carbon footprint inventories, and energy policy guidance in accordance with AB32; 2) authorize the Director of Finance to appropriate $57,000 from Fiscal Year2007-2008 unallocated funds in Account No. 110-4511-442-3090 for the Energy Policy portion of said contract; 3) authorize the Director of Finance to appropriate $15,000 from Fiscal Year2008-2009 funds in Account No. 110-4511-442-3090 for the Energy Conservation portion of said contract; 4) authorize the Director of Finance to appropriate $62,000 from unallocated AB939 Recycle Funds, Account No. 236-4195-454-3090 for the Renewable/Recycle/Landfill Diversion portion of work in the subject contract; 5) authorize the Director of Finance to appropriate $62,400 from Fiscal Year 2007-2008 unallocated funds in Account No. 110-4614-453-3091 for all other areas covered in the Sustainability Plan. Responding to question, Mr. Conlon confirmed State law required this action to be taken. Mayor Pro Tem Spiegel seconded the motion, and it carried by a 5-0 vote. 38 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 N. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE 2008 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF PALM DESERT ON TUESDAY, NOVEMBER 4. Mayor Pro Tem Spiegel moved to waive further reading and adopt: 1) Resolution No. 08-49, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 2008, for the election of certain officers as required by the provisions of the Laws of the State of California and the Charter of the City of Palm Desert; 2) Resolution No. 08-50, requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on Tuesday, November 4, 2008, with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code; 3) Resolution No. 08-51, adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters at an Election to be held on Tuesday, November 4, 2008. Motion was seconded by Finerty and carried by a 5-0 vote. O. REQUEST FOR AUTHORIZATION FOR STAFF TO BEGIN THE DESIGN AND IMPROVEMENTS FOR A PORTION OF THE RING ROAD AT THE CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO - PALM DESERT CAMPUS, PROVIDING FOR THE IMPROVEMENT OF THE FULL FOUR -LANE ROAD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega stated staff was recommending the City construct the full road as opposed to just half the road. Staff was requesting Council's guidance on how to proceed with an action that would give Cal State the initial right-of-way in order for them to own the road and be responsible for its maintenance. Further responding, he confirmed it was a full four -lane road. MR. DAVID DEMAURO, Vice President of Administration & Finance, CSUSD, stated they greatly appreciated the City's consideration of the subject roadway. He said currently there was no vehicular nor pedestrian access from the San Bernardino -Palm Desert Campus over to the UCR- Palm Desert Campus, and this roadway would create a pathway for both. Responding to question, he agreed there were preliminary plans for vehicles to be able to go out from Frank Sinatra. Councilman/Member Ferguson preferred that the City maintained the road because the City still had 140+ acres undeveloped without knowing what would be there, and he would like to have a say as to where a turn could be cut and where signal lights can be installed. He knew it would cost the City more money, but he thought the road was pivotal to the whole campus, which now entailed more than just Cal State, San Bernardino. MR. DEMAURO agreed and stated he would be happy to work with staff. 39 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 Mayor Pro Tem/Vice Chairman Spiegel stated he preferred handing over the road, land, and maintenance of the road to Cal State. Councilman/Member Ferguson asked if Ring Road began off Frank Sinatra Drive to a through road to Gerald Ford Drive. MR. DEMAURO responded that as the entire property was built out, Ring Road would become a circular road that would give circulation throughout the entire property and would roughly be located in the middle. Councilman/Member Ferguson stated if he wanted to drive from Frank Sinatra Drive to Gerald Ford Drive, he could, and if he wanted to drive in from Cook Street, ultimately at the build out, he would be able to come out at the other end of Gerald Ford Drive. MR. DEMAURO agreed and stated it was approximately 1/4 of the road to be able to do that. Councilman/Member Ferguson stated at one point the City was looking at putting a fire station in the same proximity. He would move to have the City build the road and make it available to Cal State with the City maintaining it. Councilman/Member Kelly agreed with Mayor Pro Tem Spiegel that Cal State should maintain the road. Councilman/Member Ferguson said Cal State had done a phenomenal job with the 55 acres and so had UCR with the 20 acres, but there was still a balance of acreage that hadn't been given to anyone yet, and Ring Road was a good part of that balance. Mayor Pro TemNice Chairman Spiegel stated the agreement with Cal State will expire in November 2009, and between now and then, the City needed to review what will happen with the fire station, etc., which would eventually return to Council for consideration. He suggested that Ring Road be maintained by Cal State once it was installed by the City. Mayor Pro Tem SpiegelNice Chairman moved to, by Minute Motion, authorize staff to begin the design and improvements for the ring road at the Califomia State University, San Bernardino - Palm Desert Campus (CSUSB-PDC), providing for improvement of the full four -lane road with the City to construct said road and an agreement that once constructed, it be given to CSUSB-PDC, and they will maintain it. Motion was seconded by Kelly. 40 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 Councilmember/Member Finerty stated that for economical reasons it was better for CaI State to maintain it. MR. DEMAURO responded they were prepared to do that because typically the maintenance of all interior roads were maintained by the universities. He said it was common to have various types of utilities installed, especially when you had academic buildings with research missions that were quite different from typical City buildings. Mr. Ortega added the City/Agency could continue to own the property and road with an agreement, and in exchange for the use of the road, Cal State would agree to maintain it. Councilman/Member Ferguson liked the suggestion made by the City Manager because the City was paying 100% for a brand-new road with CaI State maintaining it. If UCR wished to do something a little different, the City would talk to CaI State and find a solution, but he didn't think giving over the entire Ring Road was the most equitable. Mayor Pro TemNice Chairman Spiegel said this matter was about a small piece of the road that connected two campuses. Mayor/Chairman Benson called for the vote, and the motion carried by a 4-1 vote, with Ferguson voting NO. XV. CONTINUED BUSINESS A. ORDINANCE NO. 1154A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.36 OF THE PALM DESERT MUNICIPAL CODE RELATING TO SMOKING (Continued from the meeting of June 12, 2008). Please see Section XIII - Ordinance, Item A for discussion and action relating to this ordinance. Mr. Erwin recommended Ordinance No. 1154A be removed from the Agenda. With City Council concurrence, Ordinance No. 1154A was removed from the agenda; no action taken. 41 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 B. ORDINANCE NO. 1154 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE TITLE 8 REGARDING REGULATION OF SECONDHAND SMOKE (Continued from the meeting of June 12, 2008). Please see Section XIII - Ordinance, Item A for discussion and action relating to this ordinance. Councilman Kelly moved to waive further reading and Adopt Ordinance No. 1154. Motion was seconded by Finerty and carried by a 5-0 vote. XVI. OLD BUSINESS A. 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. Mayor Pro Tem Spiegel 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. Mr. Ortega noted the staff report summarized staff recommendation, which will be submitted to the State. If the State didn't approve it, the City will not have a Certified Housing Element. Further responding, he confirmed the Update could always be returned to Council. Councilman Kelly stated that all the Regional Housing Needs Allocation (RHNA) requirements were based on an economy that was booming with houses being built, but those numbers were now completely off because of the complete shut down of the housing in the north sphere, and he was not in agreement with what was being submitted. MS. NICOLE CRISTE, Terra Nova Planning and Research, confirmed the RHNA numbers were the bases for the Housing Element Update. Councilman Ferguson asked if the staff report was in lieu of the study session that was supposed to have been held. MS. CRISTE responded a study session was discussed and planned but coordinating schedules between Council and the Planning Commission was difficult, and in an effort to move this item forward, the numbers were modified from the original draft. Further responding, she said the proposed housing element did not go through the Planning Commission, but it will be presented to the Commission after comments from the State were received. 42 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 Councilmember Finerty felt a study session was needed because there were differences of opinion, and the potential for 6,000 units in the north sphere was too much density for her. Councilman Ferguson stated he felt the same, except he thought it wasn't enough density. Mayor Benson asked what would be the procedure if this item didn't pass. MS. CRISTE replied that if Council did not want to submit the Housing Element to HCD, which was a requirement of law, the City should ask for direction on what should be done next. If Council wished to do a study session, she will try coordinating the calendars once again. Further responding to question about self -certification, she said the City would need to be reviewed by the State first. If the State determined the Element was not in compliance, the City then had the ability to self -certify. Councilmember Finerty stated she understood there were no penalties other than that the City/Agency would not be able to apply for certain types of grants. She said that question was posed to the City Manager and learned there weren't many grants out there. She wasn't comfortable submitting the Housing Element Update forward for certification, because she didn't want to be bound to the 6,000 units in the north sphere. Councilman Ferguson stated the last time the Council met everyone agreed to have a study session. He said all the people that came up with the City's General Plan were people from the Advisory Committee, Planning Commission, City Council, and to not have a study session because it was inconvenient, didn't sit well. Ms. Aylaian stated staff had difficulty scheduling a study session so it started working on a staff report. Staff realized that it had communicated poorly or did not do well in explaining how the situation got from the approved General Plan to where it was today. She believed that by spelling it out clearly in a staff report, the Council could follow what staff would have presented in a study session, and if there were remaining question, another session could be held. She said there wasn't room or latitude to make to the draft Housing Element as presented to Council. The real question was if Council wanted to pursue State certification of the Housing Element or did it want to submit it knowing that it would not be certified, and then returned for the City to self -certify the element. Staff was prepared today to walk the City Council through the staff report to show how it got from the General Plan to what was actually in the draft Housing Element Update. She offered to review the staff report, or if there was still continued interest in a study session, staff could set that up as well. 43 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 Councilman Kelly stated a City Council meeting was not the place to discuss it and preferred a study session. He said staff should just schedule one and whoever couldn't make it, couldn't make it. Councilman Ferguson agreed because the density went from 8,000 under the General Plan to 6,000 units in the proposed, draft and no one had even taken a vote on it. Responding to question, Ms. Aylaian said the deadline for the Housing Element to be submitted to the State was June 30, 2008, and obviously it wouldn't be met, but it could still be submitted anytime. Mayor Pro Tem Spiegel moved to, continued the matter until after a Study Session on the matter can be conducted. Motion was seconded by Finerty and carried by a 5-0 vote. Councilman Kelly stated that hopefully staff could provide a summary that would show how many single-family, multi -family, apartments, and affordable housing units existed in the entire City of Palm Desert without having to search through seven pages. B. UPDATE ON THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT HOUSING AUTHORITY STRATEGIC OBJECTIVES (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Mayor Pro TemNice Chairman Spiegel moved to, by Minute Motion, receive and file the Update on the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority Strategic Objectives. Motion was seconded by Finerty and carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND ORDERING THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2008-2009 (Continued from the meeting of June 12, 2008). Mr. Stendell noted this was an annual public hearing required to order the levy for the Consolidated Landscaping and Lighting District for fiscal year 2008/09. Staff recommended Council open the public hearing and invite testimony from interested parties and approve the subject resolutions allowing the collection of the levy. He offered to answer questions. 44 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Councilman Kelly moved to waive further reading and adopt: 1) Resolution No. 08- 52, amending and/or approving the Final Engineer's Report for the Consolidated Palm Desert Landscaping and Lighting District for FY 2008-2009; 2) Resolution No. 08-53, ordering the levy and collection of assessments within the Consolidated Palm Desert Landscaping and Lighting District for FY 2008-2009. Motion was seconded by Spiegel and carried by a 4-0 vote, with Finerty ABSENT. Councilmember Finerty stated she needed to abstain from voting because she owned property in the area. B. REQUEST FOR APPROVAL OF THE ANNUAL BUDGET, MANAGEMENT DISTRICT PLAN, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENT FOR THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008-2009. Mr. Stendell noted this was an annual public hearing for the Alessandro Alley Property and Business Improvement District for fiscal year 2008-09. He said it was important to note the assessment was a zero levy amount, and the City was keeping the district alive until the improvements were made by the Redevelopment Agency, at which time the owners would be assessed. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Councilmember Finerty moved to waive further reading and adopt: 1) Resolution No. 08-54, approving the Management District Plan for the Alessandro Alley Property and Business Improvement District for FY 2008-2009; 2) Resolution No. 08-55, ordering the levy and collection of assessment for the Alessandro Alley Property and Business Improvement District for FY 2008-2009. Motion was seconded by Benson and carried by a 4-0 vote, with Kelly ABSENT. C. REQUEST FOR APPROVAL OF THE ANNUAL BUDGET, MANAGEMENT DISTRICT PLAN, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008-2009. Mr. Stendell stated this was an annual public hearing and noted that staff met with the President's Plaza III Advisory Board, and with the exception of 45 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 a few minor requests for landscaping improvements, they were happy with the services provided. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MR. DAVID FLETCHER stated he served on the Advisory Board and recommended Council's approval. With no further testimony offered, Mayor Benson declared the public hearing closed. Mayor Pro Tem Spiegel moved to waive further reading and adopt: 1) Resolution No. 08-56, approving the Management District Plan for the President's Plaza III Property and Business Improvement District for FY 2008-2009; 2) Resolution No. 08-57, ordering the levy and collection of assessments for the President's Plaza III Property and Business Improvement District for FY 2008-2009. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. D. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE PALM DESERT DRAINAGE BASIN MAINTENANCE BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2008-2009. Mr. Stendell stated State law surrounding the Benefit Assessment District, which maintained the large basin in Section 29 was slightly different,and it required an annual public hearing. Responding to question, he said there was no increase to this assessment. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Mayor Pro Tem Spiegel moved to waive further reading and adopt: 1) Resolution No. 08-58, amending and/or approving the Engineer's Reportforthe Palm Desert Drainage Basin Maintenance Benefit Assessment District No. 1 for FY 2008-2009; 2) Resolution No. 08-59, ordering the levy and collection of assessments within the City of Palm Desert Drainage Basin Maintenance Benefit Assessment District No. 1 for FY 2008-2009, pursuant to the provisions of the Benefit Assessment Act of 1982. Motion was seconded by Finerty and carried by a 4-0-1 vote, with Ferguson ABSTAINING. 46 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 E. REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT, PRECISE PLAN OF DESIGN, CONDITIONAL USE PERMIT, AND A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW THE CONSTRUCTION OF A 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 — PROJECT IS LOCATED AT 45-400 LARKSPUR LANE (APNs 627-262-008 and 627-262-011) Case Nos. DA 07-02. PP 07-11, and CUP 07-14 (Larkspur Associates, LLC, and Palm Desert Redevelopment Agency, Applicants). Principal Planner Tony Bagato stated the project site was approximately 2.1 acres on the east side of Larkspur Lane across from The Gardens, surrounded by commercial property to the north with a two-story apartment building to the south, and single -story condominiums to the east with 90 plus square feet of open space between the project site. The zoning consisted of two triangular -shaped parcels that will be adjacent to a commercial parking lot. The rest of the area is zoned R-3, and both zones will allow for a hotel as a permitted use as a Condition of Approval (CUP). The project is located within the Palm Desert Commercial Core Area Specific Plan, which was adopted in 1987 to promote economic growth. The plan was for a three-story hotel that totaled 106-rooms that stepped down to a two-story condominium product, which will be used for financing only. The project will include lockout rooms that will generate Transient Occupancy Tax (T.O.T). There are conditions placed on the project that will ensure that the condominiums will not be converted into residential. The hotel has the potential for a maximum total of 154 unit key hotel rooms. The site has two access points to the project. The entrance from Larkspur Lane provided access to a two -leveled underground parking with 120 parking spaces, 8 spaces designated for hybrid/electric or alternative -fuel vehicles. The second access is on Shadow Mountain Drive for condominium users only to minimize traffic, and that area has 70 parking spaces plus 5 alternative fuel vehicle spaces. The project includes an underground meeting space with a "cooling station" and backup generator to be used as a "cooling zone" during any potential power outages within the City; the Applicant was currently working on this agreement. The project will be a Leadership in Energy and Environment Design (LEED) certified; the Applicant provided a table showing how it will be achieved. He said the three-story building was at the west end of the site with heights ranging from 31-37 feet to the main parapet, with seven different tower elements providing vertical relief. The tallest point was 42 feet for an open gazebo structure on the roof, and the overall project was lower than The Gardens. He said the project provided some rooftop amenities, and the new plans showed there would be no view impact of the proposed project with the proposed heights. The Planning Commission approved the project on a 3-1 vote. There was concern mentioned about noise, and a condition was 47 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 placed on the project prohibiting any outdoor entertainment on the project as a whole, which included the roof deck. The roof deck includes a pool and service bar, and the Planning Commission and staff came up with a schedule that would allow their use to 8:00 p.m., Sunday through Thursday, and 10:00 p.m. on Friday and Saturday. The Applicant tried mitigating the building by setting the project back an additional four feet to place it further away from the residential development and also create a better line of site. Staff felt the proposed project would further benefit the community with the "cooling station," and also provide an economic base on El Paseo. He said the project was consistent with the Commercial Core Area Specific Plan and the City's General Plan. He offered to answer questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MR. DAVID FLETCHER stated his company managed the building on El Paseo just north of the project, and they enthusiastically supported the proposed hotel. He said it was great for El Paseo, businesses, and it was a nice compromise with the residential community that was behind the project; he recommended approval of the project. MR. WILLIAM DELEEUW, Project Manager of Larkspur Associates, thanked the City Manager and staff involved. He said it took one 'A years to get the project to Council, and after a lot of planning and many meetings to get to this point, many goals were accomplished. It was their goal to provide a four -star hotel that was responsive to the input received from the community and City staff. He explained that the height and slope elevations noted by Mr. Bagato helped place all the low density on Shadow Mountain Drive and the higher density hotel rooms closer to El Paseo. There was little opposition to the project because of the many private and public meetings with neighbors, in addition to the ones required by the Architectural Review Commission. He said the neighbors most directly impacted by the project were in favor of it because they did their best to work with the community, and they are pleased with the results. Responding to question about the size of the rooms to the east, he said the rooms were more than 450 square feet, and the average room was 400 square feet. He said the blueprints made the rooms appear small but they weren't. MR. JUAN CARLOS OCHOA, Architect, stated the reason why those particular rooms in the east were smaller was because they added a setback to create a break in the practicality of the building; however, the base module for each room was 30 x 16, which was close to 500 square feet, and the upper rooms were slightly smaller. 48 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 MR. BOB SNEIDER, Manager of The Gardens on El Paseo, stated he was in favor of the project. He said the project eliminated an empty lot that was a real eyesore, and it will provide a luxury hotel that was convenient for shoppers to walk to, which was a plus. He said Palm Desert had a number of wonderful facilities to stay at but one had to drive to most. He said traffic would be minimal because it was a small boutique hotel and parking was underground, which wouldn't be noticeable. The proposed hotel was appealing and complimentary to The Gardens and the upcoming El Paseo Village. He believed the hotel will generate pedestrian traffic during both in season and out of season, which will help business on the east of Larkspur Lane on El Paseo. He said a number of developers and retailers were spending millions on El Paseo, and a luxury hotel would certainly be a compliment to those facilities. With no further testimony offered, Mayor Benson declared the public hearing closed. Councilman Ferguson moved to waive further reading and: 1) Pass Ordinance No. 1158 to second reading, approving Development Agreement 07-02; 2) adopt Resolution No. 08-60, approving Precise Plan 07-11, Conditional Use Permit No. 07-14, and a Mitigated Negative Declaration of Environmental Impact as it relates to the project. Mayor Pro Tem Spiegel stated it was a great addition to the City and thanked the Applicant for bringing the project forward. Mayor Pro Tem Spiegel seconded the motion. Councilmember Finerty stated the project was a great addition to the City and appreciated that the developer worked with the neighbors, and the T.O.T. that it will bring to the City, the emergency power generator, cooling station, LEED certification, and the setbacks added to the project. She said the four -star boutique hotel will be just perfect and thanked the Applicant. Mayor Benson stated the only concern regarding the rooftop pool and noise was addressed with the setting of time limits on their use; she hoped there will be no amplified music. She said the City Council was looking forward to the opening of the hotel, because the Council always thought it was a good spot for a hotel that would compliment the neighboring stores and restaurants. She thanked the Applicant for their patience, changes, and the challenges endured to get to this point. Councilman Kelly said there were a lot of good things happening on the west end and felt this would help the east end of El Paseo. He suggested 49 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 the hotel operator consider renting out golf carts so people could go up and down El Paseo and all over the City. Mayor Pro Tem Spiegel thanked staff for a job well done. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. F. REQUEST FOR ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND WILLIAM DELEEUW AND LARKSPUR ASSOCIATES, LLC (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted this was a joint consideration of the Redevelopment Agency and the City Council with two separate resolutions respectively. Mayor/Chairman Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Mr. McCarthy stated the Agency Counsel requested the action include the deletion of William DeLeeuw as the signatory to the document, so that it conformed with the Development Agreement. The request was discussed with Mr. DeLeeuw and he had no objection. Councilman/Member Ferguson moved to: 1) Waive further reading and adopt City Council Resolution No. 08-61, approving a Disposition and Development Agreement (DDA) between the Palm Desert Redevelopment Agency and William DeLeeuw and Larkspur Associates, LLC, concerning real property owned by the Agency in the City of Palm Desert and generally described as all of Lots 6 and 7, a portion of Lot 1, and a portion of Lot 5 in Block Q of Palm Desert Unit No. 1. Motion was seconded by Finerty and carried by a 5-0 vote; 2) Waive further reading and adopt Redevelopment Agency Resolution No. 548, approving a DDA among the Agency and William DeLeeuw and Larkspur Associates, LLC, concerning real property owned by the Agency in the City of Palm Desert and generally located on the east side of Larkspur Lane between Shadow Mountain Drive and El Paseo, including concurrence that William DeLeeuw's name be deleted as a separate signatory on the DDA and related documentation so that it conforms to the Development Agreement. Motion was seconded by Finerty and carried by a 5-0 vote. 50 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 G. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM RESORT/HOTEL COMMERCIAL (C-R/H) TO PUBLIC/QUASI-PUBLIC FACILITIES (PF); A CHANGE OF ZONE FROM PLANNED RESIDENTIAL-5 (P.R.-5) TO PUBLIC INSTITUTION (P); A PRECISE PLAN OF DESIGN AND A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF A NEW 85,496 SQUARE FOOT RIVERSIDE COUNTY SHERIFF STATION WITH A 20-FOOT BY 20-FOOT ROOFTOP HELIPAD FOR EMERGENCY PURPOSES; AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) — PROJECT SITE IS LOCATED ON SOUTH SIDE OF GERALD FORD DRIVE, EAST OF MONTEREY AVENUE AND WEST OF PORTOLA AVENUE AND INCLUDES A 10-ACRE PORTION OF ASSESSOR'S PARCEL NUMBER 653-740-001 (73-700 GERALD FORD DRIVE) Case Nos. GPA. C/Z, and PP/CUP 08-10 (Palm Desert Redevelopment Agency and County of Riverside - Department of Facilities Management, Applicants). Mr. Bagato stated the proposed Riverside County new Sheriff Station facility would be located on the south side of Gerald Ford Drive. The project is a single -story building with approximately 85,000 square feet that includes a warehouse and 470 covered parking spaces. It was indicated at the Landscape Beautification meeting in April that the Sheriff Station would provide solar panels on the roof top, and it will be a LEED Certified building. Staff was working with the Applicant to make sure the building was consistent with the area and met future needs and demands for the Coachella Valley. The architecture is Desert Contemporary with building heights varying between 18-25 feet. The Architectural Review Commission endorsed the project, and the Planning Commission approved the project on May 20. There was a Change of Zone of the General Plan Amendment in order to be consistent with the Public Institutional use. He said staff was recommending approval of the project and offered to answer questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this project. With no testimony offered, she declared the public hearing closed. Councilman Ferguson moved to waive further reading and: 1) Adopt Resolution No. 08-62, approving a General Plan Amendment from Resort/Hotel Commercial (C-R/H) to Public/Quasi-Public Facilities (PF); 2) Pass Ordinance No. 1159 to second reading, approving a Change of Zone from Planned Residential-5 (P.R.-5) to Public Institution (P); 3) Adopt Resolution No. 08-63, approving Precise Plan/Conditional Use Permit 08-10 and a Mitigated Negative Declaration of Environmental Impact as it relates to the project. Motion was seconded by Finerty and carried by a 5-0 vote. 51 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 H. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT HOUSING AUTHORITY FOR FISCAL YEAR 2008-2009 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Mr. Ortega stated that on behalf of all the City employees that took part in the preparation of the various budgets and supporting documents, this document was presented to the City Council for the next fiscal year. Staff felt confident it will continue to provide the residents with the level of services they have become accustomed to. He also noted this item was a joint consideration of the Redevelopment Agency, City Council, and Housing Authority. Mayor/Chairman Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Mayor Pro TemNice Chairman Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 08-64, adopting a City Program and Financial Plan for the Fiscal Year July 1, 2008, through June 30, 2009; 2) City Council Resolution No. 08-65, establishing the Appropriations Limit for FY 2008-2009; 3) Redevelopment Agency Resolution No. 549, adopting a Redevelopment Agency Program and Financial Plan for the Fiscal Year July 1, 2008, through June 30, 2009; 4) Housing Authority Resolution No. HA-37, adopting a Housing Authority Program and Financial Plan for the Fiscal Year July 1, 2008, through June 30, 2009; 5) City Council Resolution No. 08-66, setting the Salary Schedule, Salary Ranges, and Allocated Classifications; and by Minute Motion: 6) Approve Out -of -State Travel as listed in the accompanying staff report memo; waive further reading and adopt: 7) Redevelopment Agency Resolution No. 552 and Housing Authority Resolution No. HA-38, approving the Administrative Plan for the Palm Desert Housing Authority pertaining to the management and operations of the affordable rental units. Motion was seconded by Finerty. Councilman/Member Kelly stated he would vote no on this item because he didn't think it was a deficit budget, and it would get bad press and send the wrong message. He said all the revenue wasn't included and knew the budget would have beginning fund balances from last year. Mr. Ortega stated staff was recommending adoption of a balanced budget that was using reserved funds to make it a balanced budget. Mayor/Chairman Benson called for the vote, and the motion carried by a 4-1 vote, with Kelly voting NO. 52 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. On behalf of City staff, Mr. Ortega extended thanks to the City Council for passing the Fiscal Year 2008-2009 Budget. 2. Mr. Ortega said staff was asking for the City Council's consideration of adding an item to this agenda, an urgency matter. After discussing it with the City Attorney, he confirmed that action could be taken once the item was added. Upon a motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, the following action item was added to the agenda. Request for Authorization to Perform Emergency Repair of Roadbed on Fred Waring Drive. Mr. Ortega called attention to Mr. Greenwood's red -cover report that had been distributed to the City Council before today's meeting, indicating that some emergency repairs were necessary on Fred Waring Drive. Four bids were obtained for the repairs, and City Council was being asked to award the project to the lowest bidder. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) By four -fifths vote of the City Council find that roadbed repair on Fred Waring Drive is an urgent health and public safety matter and that an emergency exists; 2) waive the bidding requirements of the City's Purchasing Policies and Procedures; 3) authorize the City Manager to issue a purchase order in the amount of $52,514 to Kemp & Kemp Services, Thousand Palms, California, for emergency repair of the roadbed on Fred Waring Drive between Adonis Drive and San Luis Drive. Motion was seconded by Finerty and carried by a 5-0 vote. B. CITY ATTORNEY None C. CITY CLERK 1. Consideration of Planning Commission Applications to Fill Vacancy. Mrs. Klassen noted that earlier this week each City Councilmember was provided a binder containing all the current Planning Commission 53 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 applications to consider for filling the current vacancy there. She asked if City Council would like to set a schedule for acting on those applications. Mayor Benson noted there were 13 applicants, and after discussing and checking their availability, they agreed to hold the interviews on Friday, July 11, 2008. They also agreed to provide a list of whom they wished to interview to the City Clerk by Monday, June 30, 2008. With City Council concurrence, agreed that Councilmembers will get their selections for candidates to be interviewed to the City Clerk by Monday, June 30, with interviews to be scheduled for Friday, July 11, beginning at 9:00 a.m. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: 1. AB811 - Enerav Efficiency Loans — Councilman Ferguson reported that at 10:30 this morning, the Califomia State Senate passed AB811 by the required two-thirds vote. It is expected that the Bill will be sent back to the Assembly for concurrence on Monday, then be signed by the Governor sometime next week. Therefore, it looked like the City would hit its July deadline and be able to begin processing applications. 54 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008 o City Council Comments: None XIX. ADJOURNMENT On a motion by Spiegel, second by Kelly, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at 7:15 p.m. ATTEST: JEAN MVl. B HE LE ASSE , CITY CLERK CITY OF PALM DESERT, CALIFORNIA NSON MAYOR 55