Loading...
HomeMy WebLinkAbout2008-05-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 8, 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 3:03 p.m. II. ROLL CALL Present: Councilman Jim Ferguson arrived at 3:06 p.m. 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 Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs Dennis Dawson, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Govemment Code Section 54956.9(a): a) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With City Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:04 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None 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 None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE HARRY CHURCH FOR HIS CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. On behalf of the City Council, Mayor Benson presented an engraved crystal clock to Mr. Church in appreciation for the time he spent serving the Project Area No. 4 Committee, and she personally thanked him for his time. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — APRIL 2008. On behalf of the City Council, Mayor Benson and Mr. Ortega honored the following employees for their service above and beyond the call of duty: Joe Rojas and Jose Rosas. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 24, 2008. Rec: Approve as presented. B. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of March 2008 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. C. CITY OF PALM DESERT SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2007. Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Landscape Beautification Committee Meeting of March 19, 2008. 2. Marketing Committee Meeting of March 18, 2008. 3. Parks & Recreation Commission Meetings of March 4, and March 18, 2008. Rec: Receive and file. E. REQUEST FOR APPROVAL of Palm Desert ATHENA Scholarship Award Agreement Between City of Palm Desert and California State University, San Bernardino (Contract No. C24303). Rec: By Minute Motion, approve the subject agreement between the City of Palm Desert and California State University, San Bernardino, to establish the 2008 Palm Desert ATHENA Scholarship Fund. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 F. REQUEST FOR APPROVAL of Contract with Delta Dental for Employee Dental Benefits Through June 30, 2009 (Contract No. C27650). Rec: By Minute Motion, approve the subject contract between the City of Palm Desert and Delta Dental, and authorize the Mayor to execute same. G. REQUEST FOR AWARD OF BID for the Purchase of an Altemative-fuel Replacement Vehicle for the City's Fleet. Rec: By Minute Motion, award the purchase of an alternative -fuel vehicle to replace City Fleet Vehicle #66 to Robertson's Palmdale Honda, Palmdale, Califomia, in the amount of $27,502.95 — funds are available in the Vehicle Replacement Fund, Account No. 530-4195-415-4030. H. REQUEST FOR ACCEPTANCE OF WORK for the Whitewater Bridge at Portola Avenue Landscape Project (Contract No. C22870D, Project No. 647-L-04) (Versa Landscape, Inc., Corona, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. I. REQUEST FOR ACCEPTANCE OF WORK, Approval of Ledge Stone Veneers Maintenance Agreement, and Acceptance of a Letter of Credit for Construction of the Fred Waring Drive Soundwall Phase II from California Avenue to Washington Street (Contract No. C24100, Project No. 654-01) (Sukut Construction, Inc., Santa Ana, CA). Rec: By Minute Motion: 1) Accept the work as complete and authorize the City Clerk to file a Notice of Completion for Construction of the Fred Waring Drive Soundwall Phase II from California Avenue to Washington Street (Contract No. C24100, Project No. 654-01); 2) approve the Ledge Stone Veneer Maintenance Agreement with the contractor, Sukut Construction Inc., Santa Ana, California; 3) accept the Letter of Credit to further warrant and guarantee the Ledge Stone Veneers; 4) authorize the Mayor to execute the Veneer Maintenance Agreement. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 J. REQUEST FOR APPROVAL of a Bill of Sale to Verizon California Inc. for Telephone Property Lying Within the Whitewater Channel at the Portola Avenue Bridge Site (Contract No. C22870E). Rec: By Minute Motion, authorize the City Manager to execute the subject Bill of Sale to Verizon California Inc., Redlands, California, for telephone system infrastructure lying in general proximity to the Portola Avenue Bridge over the Whitewater Channel. K. REQUEST FOR AUTHORIZATION to Release Securities for Wall and Street Improvements and Acceptance of Maintenance Bonds for Community Facilities District (CFD) CFD-2005-1. (Palm Desert Funding Company, LP, Applicant). Rec: By Minute Motion, authorize the City Clerk to release securities for street and wall construction of CFD-2005-1 and accept maintenance bonds for same. L. CONSIDERATION of Legislative Review Committee Action on S2109 (Boxer -CA) and HR3682 (Bono -Mack -CA) — Wildemess Lands. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its April 22, 2008, Meeting and direct staff to prepare a letter of support for the Mayor's signature with regard to S2109 (Boxer) and HR3682 (Bono -Mack). M. REQUEST FOR APPROVAL of Out -of -State Travel for Capital Improvement Projects Technician to Attend the American Public Works Association Intemational Public Works Congress & Exposition. Rec: By Minute Motion, approve the subject travel request for the Capital Improvement Projects Technician to attend the International Public Works Congress & Exposition in New Orleans, Louisiana, August 17-20, 2008 — funds are available in Account No. 110-4300-413-3120. N. REQUEST FOR AUTHORIZATION to Release Time Warner Cable, Desert Cities, Franchise Bond. Rec: By Minute Motion, authorize staff to release Time Warner Cable, Desert Cities, Franchise Bond No. 8S10064830299241. Upon motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 08-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING FOR CONSIDERATION OF A STREET NAME CHANGE FOR HIGHWAY 74. Mayor Pro Tem Spiegel asked how notification would be given to those affected by the address change. Mr. Greenwood responded notification was normally advertised in the newspaper and on the City's bulletin board, but staff could collect all addresses along Highway 74. Councilman Ferguson stated he wasn't in favor of the name change and wasn't present at the previous City Council meeting to vote on it, but this evening he would vote against it. However, he agreed with Mayor Pro Tem Spiegel's suggestion that everyone who lived there should be notified in order to get their input. Mayor Benson concurred. Councilmember Finerty noted the staff report indicated the City had 406 addresses on Highway 74 that would be notified of the public hearing. Mr. Greenwood agreed. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 08-26, with staff directed to provide individual notification to all the addresses currently listed along Highway 74. Motion was seconded by Finerty and carried by a 4-1 vote, with Ferguson voting NO. B. RESOLUTION NO. 08-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING UNCLAIMED MONIES IN THE CITY'S TREASURY - MEYERS INVESTMENT CO. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 08-27. Motion was seconded by Finerty and carried by a 5-0 vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $149,660 WITH HOGLE-IRELAND, INC., TO UPDATE TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE (CONTRACT NO. C27660). Councilman Ferguson asked if this item was a continuation of today's Housing Element Study Session discussion, to the fact that the City never amended its Zoning Ordinances to conform with the General Plan that was adopted four years ago. Ms. Aylaian responded it was. Councilman Ferguson asked why the consultant who was already on retainer with the City and also wrote that General Plan was not being used. Ms. Aylaian explained the update of a zoning ordinance was different than that of a General Plan. The consultant who wrote the General Plan, Terra Nova Planning & Research, submitted a proposal and they were considered, but staff was recommending Hogle-Ireland, Inc., because they had more in-depth experience in zoning ordinances. Staff was looking to update the Zoning Ordinance for compatibility/consistency with the General Plan, but also to make it more user-friendly and readily comprehensible, and that type of experience was found with the firm staff was recommending. Further responding to question about ranking, she said the firms were listed in alphabetical order and only the top three were ranked, with a two-way tie for third place. She said Terra Nova Planning & Research, was not among the top three. Mayor Pro Tem Spiegel asked what would happen if this item didn't get approved. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 Ms. Aylaian responded the City would continue with the existing Zoning Ordinance, which didn't agree with the General Plan, and on a day-to-day basis, it would be an obsolete and cumbersome tool for planning projects, for both staff, and for developers. People who want to develop within the City don't know where to start, because the Zoning Ordinance doesn't accurately reflect what applicants could or couldn't do. Councilman Ferguson said it was his understanding that any time there was a Zoning Ordinance or any ordinance that was inconsistent with the City's General Plan, the ordinance was null and void. Mr. Erwin responded an ordinance could be declared null and void. Councilman Ferguson stated the City ought to conform its Zoning Ordinance to the City's General Plan. Mr. Erwin agreed. Councilman Ferguson moved to, by Minute Motion, approve the subject Professional Services Agreement with Hogle-Ireland, Inc., Palm Springs, California, in the amount of $149,660 for services required to update Title 25 (Zoning) of the Palm Desert Municipal Code to be consistent with the City's General Plan — funds are available in Account No. 110-4470-412-3090. Councilman Kelly said Council had agreed not to change any zones until projects were presented. He couldn't see that Council would down -zone anything, which he believed would be troublesome if they did. On the other hand, if the zoning was increased to make it more valuable, people will complain about the same old thing, that the project wasn't right, and it wouldn't pencil out. He said Council should deal with zone issues when they actually had a project to review, and he didn't see why the City needed to spend $150,000 to change a zone. Councilman Ferguson withdrew his motion. Councilman Ferguson said Councilman Kelly's comments reminded him why he believed this item was a continuation of the General Plan Housing Element Study Session. He said if Title 25 was strictly land use, Council would continue to have study sessions, and it will be thrashed out. He said Terra Nova wrote the General Plan, and they can follow the map that Council decides on. He didn't see the need to go with Hogle-Ireland, Inc., regardless of what their ranking was. It seemed that Terra Nova had been with the City through this whole process, and Council should just finish it up with them. He agreed the Zoning Ordinance needed to be updated but not with Hogle-Ireland at $150,000. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 Ms. Aylaian responded the bulk of the task was not actually assigning what land -use designation or what zone went with a particular parcel, it was more the mechanics of the verbiage, the text describing the development standards, and describing the submittals and review processes. The easy part would then be filling in what zone would go on a particular parcel. Councilman Ferguson stated he understood, but he had a comfort level with Terra Nova, and his past experiences with Hogle-Ireland were not satisfactory. He said the City could save a lot of money, and it would be more efficient to continue with the people it started with. Councilmember Finerty agreed this discussion was a continuation of the Study Session Council had earlier today. She said knowing Council had different views on the matter, going ahead with the update at $150,000, which she knew there would be more cost to come, would be a waste of money. Mayor Pro Tem Spiegel agreed and suggested continuing this item until after Council had more study sessions to see what direction it wanted to pursue. Mayor Pro Tem Spiegel moved to, by Minute Motion, continue this matter to a date uncertain. Motion was seconded by Finerty. Councilman Kelly stated he would vote no because he was opposed to changing the Zoning Ordinance altogether. Mayor Benson called for the vote, and the motion carried by a 4-1 vote, with Kelly voting NO. B. REQUEST FOR AUTHORIZATION FOR STAFF TO SUBMIT THE FIRST DRAFT OF THE GENERAL PLAN 2008 HOUSING ELEMENT UPDATE TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD). Please refer to the previous item for related discussion. Mayor Pro Tem Spiegel moved to, by Minute Motion, continue this matter to a date uncertain. Motion was seconded by Finerty and carried by a 4-1 vote, with Kelly voting NO. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT AND REVISED RESOLUTION FOR THE SAKS FIFTH AVENUE EXPANSION AND THE EL PASEO VILLAGE REMODEL —SUBJECT PROPERTIES ARE LOCATED 73-425 THROUGH 73-545 EL PASEO (APNs 627-252-004/005 and 627-261-006) Case Nos. PP 07-10, CUP 07-18 and DA 07-03 (Davis Street Land Company, Applicant) (Continued from the meeting of April 24, 2008). Councilman Ferguson moved to, by Minute Motion, continue this matter to the meeting of May 22, 2008. Motion was seconded by Spiegel. Councilmember Finerty stated the Redevelopment Agency would be demolishing the Country Village Apartments on Washington Street and would be spending money to do it properly by having an environmentally friendly demolition; she would like to see that included in demolition of The Village. As a side note, she urged staff to stress for Leadership in Energy and Environmental Design (LEED) Certification when negotiating with developers, and she asked staff to pursue a policy on sustainability, where all City buildings and projects were LEED Certified. Councilman Ferguson stated he felt he had been unambiguously clear about LEED Certification, specifically for this project. He had received some correspondence from the City Attorney, but he had not seen the final draft of the Development Agreement. His intention was for this entire building to be LEED Certified and serve as a model for other buildings on El Paseo, and that needed to be part of the Development Agreement, if he was to vote on it. Mayor Benson called for the vote, and it carried by a 5-0 vote. XVI. OLD BUSINESS None 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM INDUSTRIAL -BUSINESS PARK (I-B.P.) TO PUBLIC/QUASI, PUBLIC FACILITIES (PF), A CHANGE OF ZONE FROM SERVICE INDUSTRIAL (Si) TO PUBLIC INSTITUTION (P), PRECISE PLAN, CONDITIONAL USE PERMIT, AND A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A NEW, 42,512 SQUARE FOOT, TWO-STORY ADMINISTRATIVE FACILITY FOR COACHELLA VALLEY WATER DISTRICT — PROPERTY LOCATED AT 75-515 HOVLEY LANE EAST (APNs 632-030-003 and 632-030-015) Case Nos. GPA 07-02. C/Z 07-01. PP 07-09, and CUP 07-10 (WLC Architects, Inc., Applicant). Ms. Aylaian introduced Assistant Planner Kevin Swartz, who had been employed by the City for eight months, but it was the first opportunity for Council to meet him. Mr. Swartz stated this was a new administrative facility for Coachella Valley Water District (CVWD) located on a 5.83 acre site. The project was surrounded by Planned Residential 5 to the north, Service Industrial to the south, Public Institution to the east, and Service Industrial to the west. The structure is a two-story building with approximately 42,512 square feet, with a total of 255 parking spaces; 150 parking spaces for employees and 105 parking spaces for the public. The project has vehicular entrance access from Beacon Hill with full egress and ingress, and on Hovley Lane East with a left -in turn and right -out turn. At the Planning Commission meeting of April 1, 2008, the Commission was concerned with the left -in turn coming west, but the project was still approved on a 5-0 vote. 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 Ferguson moved to waive further reading and: 1) Adopt Resolution No. 08-28, approving General Plan Amendment No. 07-02; 2) pass Ordinance No. 1155 to second reading, approving Change of Zone No. 07-01; 3) adopt Resolution No. 08-29, approving Precise Plan No. 07-09, Conditional Use Permit No. 07-10, and a Mitigated Negative Declaration of Environmental Impact, subject to conditions attached. Motion was seconded by Finerty and carried by a 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 B. REQUEST FOR APPROVAL OF A PRECISE PLAN AMENDMENT FOR AN EXTENSIVE REMODEL AND MINOR ADDITION TO AN EXISTING 76,195 SQUARE FOOT RETAIL CENTER ON A 5.15-ACRE SITE BOUNDED BY HIGHWAY 111, LARKSPUR LANE, AND EL PASEO; REMODEL TO INCLUDE DECORATIVE ARCHITECTURAL ELEMENTS 42 FEET IN HEIGHT — PROPERTY ADDRESSES: 73-547 TO 73-613 HIGHWAY 111, 45-051 LARKSPUR LANE, AND 73-540 TO 73-580 EL PASEO, JENSEN'S MARKET AND ADJACENT SHOPS FACING HIGHWAY 111, THREE DOG BAKERY FACING LARKSPUR LANE, AND VARIOUS SHOP TENANTS IN THREE BUILDINGS THAT FACE EL PASEO LOCATED DIRECTLY BEHIND (SOUTH) OF THE JENSEN'S SHOPPING CENTER Case No. PP 07-14 (Bill Lang, Commerce Realty, and Keith Palmer, AIA, Bryant Palmer Soto, Applicants). Associate Planner Renee Schrader stated she would provide a brief summary of the current site plan that was surrounded by Commercial Development. She displayed the vicinity map that showed the buildings facing Highway 111, including Jensen's Marketplace, and the buildings facing El Paseo. She pointed out the patios and fountains between the two buildings, the parking lot access through El Paseo, and identified the loading service alley that ran along behind the retail shops. She said the current parking lot wasn't well landscaped, and noted the gas station on the comer of Larkspur and Highway 111 was not part of the project. She explained that the project will include a deceleration bus lane on Highway 111, which will include new landscaping and restriping. The parking along the adjacent shopping areas to the Jensen's Marketplace and parking spaces in the rear were retained. The El Paseo facades include 7,000 square feet of infill, 5,000 square feet of new retail, and the comer area will have an additional 200 square feet that will change the entrance orientation. She went on to show the different roof lines, elevations, cupolas, shops, archways, and proposed infill areas. The architecture was redesigned in a Mediterranean mission style with barrel tile roofs and awnings. Cupola elements are proposed to be as high as 42 feet, with one designated over the main entry to the Jensen's Marketplace and at the corner on El Paseo/Larkspur. She noted the Applicant applied for the Facade Enhancement Program (FEP), and the Retail Committee recommended $350,000 was appropriate for this project, which will be submitted for Council's approval at a later date. She concluded her summary and offered to answer questions. Councilman Ferguson asked if recommendations for the Facade Enhancement Program ordinarily came from the Retail sub -committee. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 Mr. McCarthy responded that they did. Pursuant to Council's request to be apprised of potential facade enhancements, the Retail Committee reviews all facade projects to be brought forward to the entire City Council. Responding to question, Ms. Schrader confirmed this project's Facade Enhancement request would be $350,000. Mayor Pro Tem Spiegel asked about the total cost for the remodel. Mr. McCarthy responded staff reviewed the project, square footage, and linear frontage, using the formulas in place, subject to approval of the City Council. Although the project was eligible for $550,000, staff was recommending $350,000 based upon 10% participation against a $3.5 million project, which was consistent with larger projects the City participated in with the FEP (Facade Enhancement Program). Mayor Pro Tem Spiegel noted Council had been receiving FEP requests after the project was complete; i.e., Palms to Pines East, Palm Desert National Bank, etc. He said FEP requests will now come to Council with the project beforehand. Councilman Ferguson stated he thought the Facade Enhancement Program needed to be revisited, because it started out a modest program with Council approving $30,000 to spruce up a "mom and pop," storefront, which had turned into a linear footage formula and subsidy to developers. Responding to question about the purpose of the cupolas, Ms. Schrader replied they were primarily decorative and occupied a small portion of the building. Further responding, she said the Height Ordinance allowed a cupola or decorative element to rise 25 feet higher than the district height limit, which was 30 feet for Commercial District, with the additional 25 feet at Council's discretion. Responding to question about the amount of the total investment by the developer, Mr. McCarthy replied the estimate was $3.5 million. Councilman Ferguson asked what the actual square footage was of improved space where people would go in and shop. Ms. Schrader replied it was 7,000 square feet. Councilman Ferguson stated he was concerned with the placement of the retail spot on El Paseo, which was currently a parking lot. He said it would eliminate back -of -the -house service altematives for both the Applicant and adjoining property. He questioned if any thought was given to widening the 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 easement between the two buildings for vehicular access. Ms. Schrader deferred the question for the Applicant to answer. Responding to question, Ms. Schrader replied the project did not include alternative -fuel vehicle or golf cart parking spaces, but it could be changed. Councilmember Finerty noted that in the Planning Commission Meeting Minutes of April 1, 2008, Mr. Lang stated the reason the height was brought up to 42 feet was because of the height at The Gardens and the grade elevation difference. In the Architectural Review Meeting Minutes of February 26, 2008, Commissioner Hanson stated she felt the cupolas were answering to what was across the street at The Gardens, which was very tall and very vertical. She said this went back to one -of her issues about establishing precedence with height. She wondered if eliminating them was a consideration, because even if the cupolas were within the height allowed, they didn't add much to the project, and the renderings appeared to have nice finishes without them. Ms. Schrader stated the Applicant would be presenting an alternative, which she believed Council will find informative and interesting. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to the project to do so at this time. MR. BILL LANG, Applicant, thanked the Council for the opportunity to address the consideration for the approval of a Precise Plan amendment for the extensive remodel and minor addition to the El Paseo Marketplace and Plaza. He said the El Paseo Marketplace and Plaza was home to several Palm Desert long-time favorite retailers, such as Jensen's Finest Foods, Pat's Lighting, The Upper Crust Cooking Company, and Frasca Jewlers, which were local icons that had developed national and international reputations. He was equally excited about the new favorites, Diane's Swim Wear and Z's Pizza. He said the vision of Cliff Henderson was embraced in the early 1960's to develop El Paseo, that would eventually became the El Paseo Marketplace and Plaza. Over the past 40+ years, El Paseo had partnered with the City and its predecessors to improve El Paseo. In the 1980's, with the encouragement of the City, El Paseo Plaza was developed to continue the shopping district and improve the visual impact of the existing shopping center. They shared the vision to develop the District as a world -class, pedestrian -friendly, upscale, and retail -oriented destination. He said today's tasks were more difficult then those faced in 1980 because The Gardens made a significant impact on El Paseo, there was increased competition for upscale retailers, projects from neighboring cities, such as The River in Rancho Mirage, and new shopping district being developed in Indian Wells. His goal was to create a continuous streeffront along El Paseo 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 that complimented The Gardens, yet retained the unique characteristics of its existing buildings, to further improve the visual impact of the shopping center service areas and encourage pedestrian traffic down Larkspur Lane. In order to accomplish this, in the early design process he consulted with Ron Altoon of Altoon & Porter, the Architects of The Gardens. Many design solutions were exhaustively researched, and he and the project's Architect, Keith Palmer listened carefully to comments and recommendations from the Planning Commission and Architectural Review Commission. The project received approval from both Commissions and the recommendation of the Community Development Department. Responding to comments made with regard to the cupolas, the Architect presented a couple of alternative design plans, including the proposed seven cupolas and an earlier design, which showed only three cupolas. Councilmember Finerty noted the design with the three cupolas still showed a height of 42 feet. She asked if any consideration was given to eliminating the cupolas altogether. MR. LANG responded he believed the design with the three cupolas was integral in order to identify the Center, in Tight of the size and scale of the existing Gardens across the street, as well as future development. Further responding, he said early design drawings for projects on San Pablo show building heights at 30 feet. One of the benefits of the proposed building, as you looked down El Paseo, was that most buildings remained at 28 feet; retaining the unique garden/village style. Initially, they discussed taking everything up to 30 feet, but the project would have lost its uniqueness and become an "El Paseo Canyon." He said they worked hard to retain the village atmosphere, yet the building needs design elements to bring attention and also attract anchor tenants. In order to attract high -quality tenants in this environment, where there are other places to go outside of El Paseo, design elements are needed. MR. KEITH PALMER, Architect, stated he wanted to make a few clarifications to Mr. Lang's presentation. He said the 42-foot height mentioned in the staff report, was actually the height of the cupola element at Jensen's. The next highest element was 40 feet at the tobacco shop on the corner of Larkspur Lane, and the rest of the cupolas were in the range of 34 feet, but only represented less than one or two percent of the roof area. He said they were basically spire elements to help visually connect the Jensen's portion of the project to the El Paseo project and encourage pedestrian shopping traffic down Larkspur Lane. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 MR. LANG, responding to an earlier comment by Councilman Ferguson with regard to the path of travel and access to the property next door, said there was a significant elevation or grade change between the properties, with a 4- to 6-foot retaining wall, which the adjoining property was constructed above, that eliminated any access between the properties. Councilman Ferguson stated if the adjoining property owner decided to develop in a way to utilize the easement, of which 10 feet belonged to him, it would go a long way with him when considering this project, if the Applicant provided the adjoining property owner more space. MR. LANG responded he was not aware of the adjoining property owner having a 10-foot easement. He only knew about his own 10-foot easement with Southern California Edison. Councilman Ferguson said he probably mistook that information. He asked if there was any ability to create space for back -of -house access for this project and any potential next -door projects. MR. LANG agreed to explore that option, depending upon the ingress and egress, but didn't think it would be advantageous for either tenant to have the ingress and egress come from El Paseo. He believed Larkspur Lane would be more beneficial for having trucks going in and out. Further responding, he said he and the other property owner had been communicating for years and believed they had a good relationship; he would not dismiss anything that was proposed. With no further testimony offered, Mayor Benson declared the public hearing closed. Councilman Ferguson stated he had a concern about the adjacency of the properties, because there was a general planning principle of the City, which preferred to redevelop blocks and not portions of blocks. He was aware of the lease situation with many of the Applicant's tenants and the favorability of the nature of those leases but guessed the overall redevelopment of the Center was some time away. However, he was concemed that there be vehicular access on the west end of the property. He recently became aware of a proposed land use that perhaps Mr. Lang and Mr. Wessman could discuss that would give a tremendous economic impact to this property at no cost, at least from his perception. Keeping the ingress and egress might be in the Applicant's best interest. With respect to the cupolas, it was his philosophy that when Council voted in favor of heights, it was usually because there was a "wow" factor relating to the architectural appeal. The Gardens was a great example of that. The entire block was redeveloped and it exceeded most of the height standards at the time, but when you stood back and looked at it, it completely remade El Paseo and became the center 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 of the City's retail district. He said the cupolas were nowhere near a "wow" factor. The cupolas were described as spires, but they look like placeholders with no architectural merit to them. Finally, with no disrespect to Mayor Pro Tem Spiegel regarding the Facade Enhancement Program (FEP), because it was originally his program, his design, and one of the most successful programs of the City. However, he felt it reached a point where the City had given an excessive amount of money to developers, which in turn, had become a subsidy. He acknowledged that FEP requests were coming in the back door many times, not on purpose, but that's the way it had been working out, even though Council tried putting in safeguards. He didn't know where any kind of a linear formula came from, but the City's calculated that for every square foot of retail space on El Paseo, it generated $2.30. Now for the 7,000 square feet of retail space the Applicant was adding, it would generate $16,100 in sales tax a year; it would take the City 22.7 years, without the consumer price index, to pay back that $350,000, which he didn't think had any architectural merit in the first place. Further, the fact that it qualified for $550,000 being justification for giving the Applicant $350,000 was like settling a $5 million dispute for $2 million, when you know it doesn't have any merit to begin with. He said to the extent the developer was willing to work with his neighbor to the west, it would certainly change a lot of his thinking about this project, but he wouldn't call this project a redevelopment; he thought it was "sprucing up" a building with placeholders for future major development when the lease expired. Councilman Kelly stated the Applicant didn't mention alternative -fuel vehicle parking spaces and asked if it was something he was willing to do. He went on say the City made a big deal about smoking and secondhand smoke, but if one person used a golf cart to shop instead of using their cars, it would probably take care of any secondhand smoke that cigarettes were causing in a year. It seemed it was a great opportunity to get rid of a lot of dirty air by encouraging people to use battery operated and alternative-fuel/hybrid vehicles. Someone needed to tell him they would be promoting zero emission vehicles and giving preferential parking if he was to vote for this project. MR. LANG responded he would agree to do that. Councilman Kelly said the FEP was meant to enhance the appearance of the City and clean up a building, and it was not meant to add floor space. He wasn't comparing the project to how much money the City would receive in sales tax. He believed this shopping center would be cleaned up, and he frequented it often in his golf cart. With regard to the adjacent property owner, he wasn't aware of anything that was in process that might hold up this project. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 Councilman Ferguson stated that because of the Brown Act, he couldn't disclose any information about the adjacent property. Councilman Kelly went on to say the Applicant had a perimeter road to load and unload without having to see trucks, and he didn't want to lose out on an opportunity to revamp something right in the center of the City. He said Jensen's had been around a long time, and they've done a great job of providing a special kind of service for those in the south end. He was in favor of approving this project, if some type of an agreement could be reached on the cupolas. Councilmember Finerty stated she really liked the village atmosphere, but in order for her to vote for this project, it would have to be minus the cupolas. She said the renderings without the cupolas were outstanding. She agreed the Center needed to be renovated, but even if the cupolas were brought down to just 24 feet, they would still stand out like a sore thumb. She could go along with the Facade Enhancement because the facades needed to be enhanced, and she appreciated what was designed, but preferred it without the cupolas. Mayor Pro Tem Spiegel stated he liked the project. He said the whole Center was very old, and something needed to be done. The Facade Enhancement Program of the City was meant to enhance the City . He said there were examples on El Paseo and other parts of the City where it was accomplished, and it wasn't for the purpose of sales tax. He said Jensen's spent a lot of money remodeling the interior of their market, and it was one of the City's better markets. He said Jensen's was set back, and it needed something to identify it; if not with the cupolas, then something else could be considered. He was in favor of the project with inclusion of parking spaces for golf carts. Mayor Benson stated the design was an enhancement to that area and agreed the Facade Enhancement Program was meant to spruce up buildings for those who couldn't afford it, but also new projects. However, she, too, could not go along with the cupolas. It seemed architects thought that by adding a cupola to a building, it would make it look better. She had seen in a magazine other architectural treatments that were used in Orange County that added height to buildings, but they were not just a church steeple on top of a building. She would like to vote for it, but not in its present condition. MR. LANG stated he wondered if a compromise could be reached this evening with regard to the cupolas. If it was just the cupolas that were preventing Council from accepting the project, he was willing to remove them. However, he agreed with Mayor Pro Tem Spiegel that some type of element was needed for Jensen's. He agreed to have his Architect explore 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 another treatment. He said they had spent the past five years aligning their leases and were prepared to move forward and break ground in June. He said time was of the essence in terms of getting this done, because he had a window of opportunity to move tenants without having to renegotiate their leases at this time. He reiterated he was willing to reach a compromise this evening. Councilman Ferguson stated there was time to move buildings, make adjustments, and other things he would like the Applicant to consider, but couldn't talk about it at this time. Comments made by Councilman Kelly about the alternative -fuel vehicle parking spaces also resonated with him. Those types of parking spaces were at The Gardens and are preferential parking spaces. As for the Facade Enhancement, he didn't mean to imply it wasn't to beautify the City; he meant to imply he didn't see the beauty in this project or the economic sense of the expenditure of the funds. Perhaps if more detailed renderings were available, it would be helpful. Unless it was financially deleterious, he asked if the Applicant could return in two weeks, given the opportunity to obtain a unanimous approval for the project. MR. LANG responded he could return in two weeks, if that's what was required, but would prefer to have it resolved this evening as he was under the gun. He needed to get started because the season began with Thanksgiving, and he didn't want to have the parking lot torn up at that time. Mayor Pro Tem Spiegel moved to: 1) By Minute Motion, approve the project subject to removal of all the decorative cupolas treatment but appointing a subcommittee of Councilmember Finerty and Mayor Benson to work with the Applicant to identify an alternative architectural treatment that will provide the necessary visibility enhancement for the Jensen's Market component of the remodel; 2) waived further reading and adopted Res. No. 08-30, approving Precise Plan No. 07-14, as amended to reflect the aforementioned and also including a condition for designated preferential parking for alternative-fuel/hybrid vehicles and golf carts. Motion was seconded by Kelly and carried by a 4-1 vote, with Ferguson voting NO. C. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2008-2009 FUNDING RECOMMENDATIONS, ONE-YEAR ACTION PLAN, AND FIVE-YEAR CONSOLIDATED PLAN. Mayor Benson noted she was part of the committee that decided what to recommend to the Council. The committee had more than $1 million in requests. She said this year the agencies were suffering, and their donations were down. In past years, the City had been very generous with organizations outside Palm Desert city limits, but this year, with the economy down and only $335,000 to give out, the committee concentrated on Palm 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 Desert -based organizations. She said Mayor Pro Tem Spiegel was also part of the Committee. Mayor Pro Tem Spiegel stated the City increased its allocation for the City's schools because the District's budget had been cut dramatically. The City normally gave grade schools $5,000, but this year they will receive $7,500, which will be matched by the PTA; the middle schools used to get $7,500, this year they will receive $10,000; the high schools used to get $10,000, this year they will receive $15,000. Mr. Ortega clarified the Mayor and Mayor Pro Tem were referring to Outside Agency Funding, and this item was related to the Community Development Block Grant (CDBG). He added that many organizations submitted an application for both Outside Agency Funding and CDBG, and if a particular organization/agency wasn't listed on one, it might have been recommended for funding under the other. Responding to question, Ms. Riddle clarified it was the same committee that reviewed both programs and made recommendations. Mayor Pro Tem Spiegel asked when the Outside Agency Funding would be presented to Council for approval. Mr. Gibson responded Outside Agency Funding was part of the White Paper Budget process on June 2, 2008. He agreed to provide Council with a copy beforehand. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MS. CHRISTINE MURPHY, President of the Board of Directors for Desert Arc (formerly Foundation for the Retarded) stated they changed the name within the past year. She said they were proud to be located in the City of Palm Desert and grateful for the parents that built this organization for their children 50 years ago. There were only 12 children at that time, and the organization now served almost 700 developmentally disabled citizens from throughout the Coachella Valley; many of them were from Palm Desert. On a daily basis, 200 clients visit the facility, and with funds received from the City of Palm Desert, they have been able to keep the facility open. She said without the City's financial help, it probably would have closed several times over in past years. She said the organization was in a much better place, and she looked forward to a bright future. She thanked Mr. Ortega, Mr. McCarthy, and the City Council. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 MR. RICHARD BALLOCCO, Executive Director of Desert Arc, agreed with Ms. Murphy's comments, and assured the Council that the organization was doing much better. He said the organization employed 260 people, in combination with client and activity programs with another 225 individuals benefitting. He presented an embroidered shirt with the organization's new name for each Councilmember. MS. MURPHY stated as a parent of a student who attended Washington Charter School, she thanked the Council for everything it did for the schools as well. With no further testimony offered, Mayor Benson declared the public hearing closed. Councilman Ferguson moved to, by Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2008-2009 recommendations as proposed; 2) approve FY 2008- 2009 One-year Action Plan; 3) approve Five-year Consolidated Plan; 4) Authorize the City Manager to sign One-year Action Plan Certifications; 5) Authorize staff to submit the Action Plan to the U. S. Department of Housing and Urban Development (HUD). Motion was seconded by Spiegel and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Reminder to Adjourn this Meeting to 10:00 a.m. Thursday, May 15, 2008, for Hearing on the Appeal in the Matter of the Conditional Use Permit for Augusta's Restaurant. Mrs. Klassen reminded Councilmembers of the need to adjourn today's meeting to May 15 at 10:00 a.m. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 D. PUBLIC SAFETY o Fire Department None o Police Department 1. "Rat Light Program" — Lt. Taylor distributed to each Councilmembera copy of two press releases, commenting that a media event was conducted this morning at the Highway 111 Substation regarding installation of new "Rat Lights —Red Light Runner Program" —in traffic lights throughout the City. He thanked Mayor Pro Tem Spiegel for attending the event, which received good media attention, and invited City Councilmembers to view the installation operating at the Highway 111 Substation. He explained that "Rat Light" was the name given to a light attached to the rear of a traffic signal to assist police in reducing red light runners at Palm Desert intersections. The name was associated with the device because original lights had what appeared to be both a little nose and tail on them; the lights also tended to "rat" on offenders. Several have been installed throughout the City, and Police hoped they would help reduce the number of intersection collisions caused by red Tight runners. Councilman Kelly inquired about one being installed at the intersection of Highway 111 and San Pablo Avenue. Lt. Taylor said several were installed currently with more to come. He went on to say the program included both public education and ensuring that people driving through the City could do so safely — anyone running a red Tight would receive a ticket for it. Councilman Ferguson went on to thank Lt. Taylor for announcing the "Rat Light" Program, recalling that when City Council vigorously debated a "Red Light Runner" Program eight years ago and narrowly decided against it, two of the biggest objections were the cost and the fact that an officer wasn't personally observing the violation. This program seemed to take care of both issues. Additionally, when he serves as a traffic court judge from time to time, handling 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 people who have a ticket with a picture versus a ticket with an officer personally observing the driver made a night and day difference in the outcome. He said whether or not a "rat light" is installed in the traffic signal, an officer being present would likely deter many people from running the red light. He also hoped that very accurate statistics would be maintained on this program and thanked Mayor Pro Tem Spiegel for bringing the idea forward. Councilman Kelly remarked that he was one who was very opposed to the cameras, but this program was a good one. 2. "Click It or Ticket" Campaign — Lt. Taylor went on to say the second press release was a reminder about Monday's Kick-off Press Conference being held in the Palm Desert City Council Chamber for the May 12 - June 1, 2008, "Click It Or Ticket" Campaign. He said City Councilmembers should have previously received an invitation to the event, where multiple Coachella Valley motor officers would be in attendance. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Incidents in South Palm Desert — Councilman Ferguson asked Lt. Taylor to provide a report on what appears to be a large number of incidents occurring in approximately the last four weeks in the area north of Haystack Road, south of Mesa View Drive, between Portola Avenue and Highway 74. Lt. Taylor said he would provide such a report. o City Council Committee Reports: None o City Council Comments: None 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 XIX. ADJOURNMENT Upon a motion by Spiegel, second by Ferguson, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at 5:22 p.m. to Thursday, May 15, 2008, at 10:00 a.m. ATTEST: RACHELXE D. R1 SSE'N{CITY CLERK CITY OF PALM DESERT, CALIFORNIA 1/2,64,617 JEAN Q BENS , MAYOR 24