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HomeMy WebLinkAbout2008-10-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 23, 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: Councilmember Cindy Finerty Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Stephen P. Deitsch, Assistant City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer 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 Janet M. Moore, Director of Housing David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, 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 OCTOBER 23, 2008 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: 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 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney Mr. Ortega related that he received a memo from Ms. Aylaian regarding Riverside County's proposal on zoning in the Cahuilla Hills. The urgency for adding the item to this agenda was that the Board of Supervisors would be acting on the matter at their meeting next week, well before the next City Council Meeting. Therefore, he asked that it be added to this agenda for discussion. Responding to question by Councilman Kelly, Mayor Benson said Ms. Aylaian was previously directed to write a letter to the County, she did, now further discussion was required. Mr. Deitsch pointed out that two findings were required to be made in order to add the item to the agenda and needed to be done with a two-thirds vote of approval: 1) There was a need to take action today, as this would be the last City Council Meeting before the Board of Supervisors' proposed action; 2) the need to take action arose after posting of the agenda, with the letter concerning this matter being received today. He believed the two factual findings could be made in this instance. Councilman Ferguson noted that he would be testifying at the Board of Supervisors' Meeting on behalf of a private law client, so if there was any other discussion other than adding it to the agenda, he would need to recuse himself. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Make the two findings that a need to take action on the Riverside County Board of Supervisors' proposal to change zoning in the Cahuilla Hills area on Tuesday, October 28, was necessary today because it was the last City Council Meeting prior to the Board's Meeting and that the need to take action arose after the agenda was posted; 2) add Discussion of the Riverside County General Plan Amendment/Cahuilla Hills to this agenda. Motion was seconded by Finerty and carried by 4-0-1 vote, with Ferguson ABSTAINING. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Mayor Pro Tem Spiegel said he also had an item he wished to add to the agenda regarding modifying requirements for display of merchandise outside of businesses, with the urgency for it being the present economic conditions. He went on to say Councilmember Finerty and he met with a group of retailers, who were asking the City to re -look at its requirements for outdoor merchandise display. He had a proposal to hand out to his colleagues, providing numerous restrictions, and the interested retailers would be in attendance later in the meeting. Therefore, he wished to add this discussion to the agenda. Mr. Deitsch further noted that the need to take action on this issue arose after the agenda was posted, with the retailer meeting occurring late Monday afternoon. He advised that the two findings could be made in this instance. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Make the findings that an urgency existed, and the need for it arose after the agenda was posted; 2) add Consideration of Outdoor Display of Goods and Merchandise to this agenda. Motion was seconded by Kelly and carried by 5-0 vote. Upon a motion by Spiegel, second by Ferguson, and unanimous vote of the City Council, Mayor Benson adjourned the meeting to Closed Session at 3:04 p.m. She reconvened the meeting at 4:03 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Deitsch reported that the City Council met in Closed Session earlier this afternoon prior to the regular session; there was no reportable action. 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. JIM THOMPSON, Palm Desert Partners, L.P., La Quinta, CA, said he addressed the City Council two weeks ago regarding subdivision improvements on Tract No. 32498 in Palm Desert, where he was a general partner. The matter was referred to staff, and there was a meeting about it this morning. He wanted to again address the issue, which appears under Section XVIII on today's agenda. With City Council concurrence, Mr. Thompson's comments were deferred until the matter was taken up under Section XVIII - Reports and Remarks, Item Al - City 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Manager, Report on Tract Map No. 32498 - University Pointe. Please see that portion of the Minutes for subsequent discussion and action. MR. JONO HILDNER, resident of Indian Springs Mobile Home Park, Palm Desert, addressed the City Council to convey his disappointment with the City for not scheduling the meeting between Indian Springs residents and City officials, which had been promised at the September 11 City Council Meeting. At that meeting, he felt City Council lectured residents in attendance about the Homeowners' Association's unwillingness to allow residents to meet with the City Council and staff in order to provide direct information about the issues surrounding Indian Springs. On the following day, he understood the City Clerk was asked to arrange such a meeting, with a number of approaches also made to the City Council and staff. He said at the September 11 meeting, Councilmember Finerty stated that the map being discussed should not be dealt with until after a meeting with Indian Springs residents occurred; but they have heard nothing to date. He felt most of the residents appreciated that the City Council stuck out its neck several years ago by conditioning conversion of the Park with installation of sewer. However, there has been no communication lately, including: 1) Map appearing on the agenda without any notice; 2) as recently as two weeks ago and at the urging of the City Attorney, the Association provided a proposal to try to settle all the issues being litigated and surrounding the three parties (residents, owner, and City), without response. Additionally, because residents have been tracking the matter themselves, they discovered that the trial date in the matter of Indian Springs LTD. v. City of Palm Desert has been moved back again from November 13 to December 22. He said although it appeared to be a surprise to the City Council at the September 11 Meeting, Indian Springs residents are frustrated and believe they are not being well represented by the City —when there was no communication from City Council or staff, and the issues are so intense —he noted that there have been 10 resident deaths in the past few months, including one suicide, with many other residents having serious health issues. Indian Springs residents were a real party of interest in what was going on between the City and the Park owner. Although they have been hesitant to urge the Association to legally become a party of interest in the matter, he wanted to be sure the City Council recognized the seriousness of the residents' frustration. Mayor Pro Tem Spiegel responded that there was a discussion about Indian Springs during Closed Session, and he intended to call the Homeowners' President tomorrow to offer the date of Friday, November 7, at 1:00 p.m. in the Civic Center Council Chamber. However, he pointed out that on the advice of legal counsel, all the City Council would be able to do was listen to residents' concerns due to the continued threats of lawsuits against the City. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF ANNUAL "MINI -MUSTER" RECOGNITION AND ARTWORK AWARD CERTIFICATES. Mayor Benson noted that the annual "Mini -Muster" event just ended, a highlight for third graders each year that is put on by the Historical Society of Palm Desert, Riverside County Firefighters, and Desert Sands Unified School District. On behalf of the City Council, Mayor Benson, along with Mini -Muster Coordinators, Mr. and Mrs. John Marman, presented the Artwork Award Certificates to the following students: Robert Moore - James Carter Elementary School; Abree McCabe - Gerald Ford Elementary School; Ryan Cieslowski - Abraham Lincoln Elementary School; Alex Ocampo - Ronald Reagan Elementary School; Wyatt Frantz - George Washington Charter Elementary School. MR. AND MRS. MARMAN went on to present engraved plaques and certificates of appreciation to the City, Schools, Principals and Teachers, and to the Firefighters. He also publicly recognized people in attendance, Dan Callahan, one of the annual "Mini -Muster" founders, along with Historical Society President Barbara Keedy-Eastes, and Art Program Coordinators Adele Ruxton and Bonnie Paul. B. APPOINTMENT TO THE PALM DESERT RENT REVIEW COMMISSION. Councilmember Finerty stated she and Councilman Ferguson interviewed Mr. Steven Koffler, and she found him to be a nice man. However, because the Rent Review Commission affected many people in mobile home parks, she was reluctant to recommend Mr. Koffler to the Council for appointment. She noted Mr. Koffler had just moved to the area seven months ago, and the only committee he was interested in was Rent Review. His business card identified him as the President of the Koffler Investor Group of manufactured/mobile home financing and refinancing. He is a legal owner of 12 mobile homes all over California; although he didn't own a mobile home park, the registered owners of the mobile homes did pay rent space. He recently sold his part ownership in a funding company. In his application he stated he created more than $1 billion in mobile home loans. She said there was no question he was knowledgeable in this area, but she felt there was a conflict of interest and was not comfortable recommending him to the Council for appointment. Councilman Ferguson noted he represented a mobile home park owner, so he was familiar with various types of ownerships and coach to park conversions. He said Mr. Koffler was asked a series of questions, to which he replied he had not represented park owners or done conversions. His 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 customer base was primarily tenants, and he sold manufactured homes, which was a polite term for coach. He said Mr. Koffler seemed to be extremely knowledgeable, but not in a way that would render itself to a conflict, but one that would lend itself to a quick resolution because he knew the industry. If Mr. Koffler was presented with a hardship rent increase matter, as an owner, he would understand immediately the "wheat from the chaff." Since serving on the City Council for the past 11 years, Mr. Koffler was the first person who actually filed an application to be interviewed for the Rent Review board, and it wasn't like the City had a long line of candidates, which wasn't to say he was the only choice. He was impressed by Mr. Koffler, and he had a good feeling about him. He had no reservations in appointing Mr. Koffler to the Rent Review Commission to see how he operated, and if a conflict did arise, it could be dealt with at that time. Mayor Benson stated she served on the first Rent Review Board, and at that time it was a requirement and determining factor that applicants not have any involvement whatsoever with mobile home parks. Councilmember Finerty agreed Mr. Koffler was qualified and suggested he serve on the City's Finance Committee, which he agreed to consider if not appointed to the Rent Review Commission. Councilman Ferguson pointed out that having five people on a Board with no knowledge about mobile homes sometimes required hiring a hearing officer at City's expense, to provide a recommendation to the Commission. A vote would then be cast based on the hearing officer's recommendation instead of the Commission making an informed decision on their own. He preferred having someone with knowledge on the Board because mobile home litigation was one of the City's bigger ticket items. Councilmember Finerty moved to not appoint Steve Koffler to the Rent Review Commission and direct the City Clerk to continue to recruit to fill the vacancy. Motion was seconded by Benson and failed on a 2-3 vote, with Ferguson, Kelly, Spiegel voting NO. Councilman Ferguson moved to, by Minute Motion, appoint Steve Koffler to the Palm Desert Rent Review Commission to fill the vacancy in the term of former member David Fisher (December 31, 2011). Motion was seconded by Kelly and carried by a 3-2 vote, with Finerty and Benson voting NO. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 C. APPOINTMENT OF CITY OF PALM DESERT REPRESENTATIVE TO THE IMPERIAL IRRIGATION DISTRICT (IID) ENERGY CONSUMER'S ADVISORY COMMITTEE. Councilman Ferguson moved to, by Minute Motion, appoint City of Palm Desert Director of the Office of Energy Management Patrick Conlon to serve as a representative on the IID Advisory Committee. Motion was seconded by Spiegel and carried by a 5-0 vote. D. PRESENTATION BY OFFICIALS OF COACHELLA VALLEY WATER DISTRICT REGARDING ITS TIERED RATES PROPOSAL. MR. STEVE ROBBINS, General Manager of the Coachella Valley Water District (CVWD) addressed the City Council to explain the rate structure that was being proposed to customers in the Coachella Valley. He thanked Councilmember Finerty for participating in the committee that came up with the proposal. He said she was an active member who had asked many questions and represented the City well. He said Coachella Valley residents used a little under 670,000 acre-feet of water; one acre-foot of water was 326,000 gallons, which was equivalent to one -acre of land with a foot of water sitting on it. Water demand for the Coachella Valley was 50% Agriculture, 34% Domestic, and 16 % on golf courses. When the Water Management Plan was passed in 2002, conservation goals were set for all three major water users. The goal to reduce 7% for Agriculture and 5% for golf courses was met, and they also reached a 6% reduction on a 10% goal for domestic users. The new updated Water Management Plan will push for additional conservation. The District will be adopting a Water -Based Tiered System that is based on lot size, landscaped area, and weather conditions. He said the tiered rate was not a scheme to generate more revenue, but a plan to further conserve. The tiered rate structure has been proven to reduce water usage from 22 to 37 percent. He explained that every homeowner used 70% of their water outside of the house, and the smaller percent was used inside. He used a PowerPoint presentation to explain key points on how customers could be more efficient with their water and to illustrated how the five -tiered structure worked. He said most customers would default to the first tier, which was based on four people per household, but a process would be in place for those who felt they required a higher water budget. The program will encompass 85% of its water users, which included residential homes, cities, schools, and homeowner associations. He described the various tier structures, rates, discounts, incentives, etc., to encourage conservation and efficiency. Responding to question, he said the District hoped to put the Water -Budget Based System into effect in March 2009. A duel bill will be mailed a couple of months prior to the implementation of the new system to show customers their current rate and what their new bill will look like. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 9, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 84, 88, 90, 93, 94, and 99. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE byARCO AM/PM #82962, 74-950 Gerald Ford Drive, Palm Desert. Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meetings of September 2, 2008, and September 16, 2008. 2. Youth Committee Meeting of September 6, 2008. Rec: Receive and file. E. RESIGNATION of Walter Pruter — Building Board of Appeals & Condemnation. Rec: Receive with very sincere regret. F. LETTER OF RESIGNATION of Dr. Joyce Wade-Maltais — Rent Review Commission. Rec: Receive with very sincere regret. G. RESIGNATION of Anna Miller - Youth Committee. Rec: Receive with very sincere regret. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 H. REQUEST FOR ADOPTION of Resolutions that Set Forth Findings and Authorize the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged for the Months of May 2008, June 2008, and July 2008. Rec: Waive further reading and adopt: 1) Resolution No. 08-94 - Re -scanned May 2008 Records; 2) Resolution No. 08-95 - June 2008 Records; 3) Resolution No. 08-96 - July 2008 Records. I. REQUEST FOR DECLARATION of Surplus Property and Authorization for Appropriate Disposal — Miscellaneous Computer, Office, and Electronic Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as deemed appropriate. J. REQUEST FOR DECLARATION of Surplus Property for Furnishings and Miscellaneous Items from Offices in the Public Works Department and Authorization for Donation to Charitable Organizations. Rec: By Minute Motion: 1) Declare furnishings and miscellaneous items from offices in the Public Works Department, as described in the accompanying staff report's Exhibit "A," as surplus property; 2) authorize staff to donate the items to Shelter From the Storm and other non-profit organizations within the Coachella Valley. K. REQUEST FOR APPROVAL of Vendors for Use in Programs and Projects Assigned to the Community Services Division in Fiscal Years 2008-2009 and 2009-2010. Rec: By Minute Motion, identify, approve, and authorize Community Services Division staff to use vendors named in the accompanying staff report's attached list for Fiscal Years 2008-2009 and 2009-2010. L. REQUEST FOR AWARD OF CONTRACT to Adept Communications for the City-wide Replacement of Data Network Cabling (Contract No. C28270). Rec: By Minute Motion: 1) Award the subject contract to Adept Communications, La Quinta, California, in the amount of $49,934.81 to replace the data network cabling in City Hall, Visitor Center, Energy Management, and Corporation Yard Buildings/Offices; 2) authorize a 10% contingency for the project in the amount of $5,000; 3) authorize the Mayor to execute the contract — funds are available in Account No. 110-4190-415-4040. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 M. REQUEST FOR APPROVAL of Professional Services Agreement with Stephen R. Smith for Consultant Services on the Westfield Shoppingtown Palm Desert Expansion (Contract No. C28280). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. N. REQUEST FOR RATIFICATION of the City Manager's Authorization of Extra Work and for Approval of Change Order Nos. 1 and 2 to Contract No. C27470 — 2008 Citywide Restriping Project (Project No. 564-08). Rec: By Minute Motion: 1) Ratify the City Manager's authorization of extra work on the 2008 Citywide Restriping Project and approve Change Order No. 1 in the amount of $5,500 and Change Order No. 2 in the amount of $8,250 to the subject contract with J. P. Striping, Beaumont, California; 2) authorize the transfer of $13,750 from contingency to base for said contract; 3) authorize the Mayor to execute Change Order Nos. 1 and 2. O. REQUEST FOR AUTHORIZATION of the Construction of Turn -outs on the Mike Schuler Trail Within the City of Palm Desert. Rec: By Minute Motion, authorize construction of approximately 10 turnouts on the Mike Schuler Trail within the City of Palm Desert to be funded by the City of Rancho Mirage in an amount not to exceed $21,000. P. REQUEST FOR ACCEPTANCE OF BID from Papillon Graphics for Printing of the 2009 City of Palm Desert Community Calendar (Contract No. C28290). Rec: By Minute Motion: 1) Accept the bid from Papillon Graphics, Palm Desert, Califomia, for printing of the 2009 Community Calendar in the amount of $25,995; 2) authorize the Mayor to execute same — funds are available in Account No. 110-4417-414-3091. Q. REQUEST FOR APPROVAL of Donation in the Amount of $25,000 to Support College of the Desert's 50th Anniversary Fundraiser. Rec: By Minute Motion: 1) Authorize support for College of the Desert's 50`h Anniversary Fundraiser with a City donation in the amount of $25,000; 2) appropriate $25,000 from the Unobligated General Fund for same. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 R. REQUEST FOR APPROVAL of a Waiver to the City of Palm Desert Sound Ordinance for Activities Associated with the 2008 Art of Food & Wine Festival, November 6-9. Rec: By Minute Motion, approve a waiver of the sound amplification curfews for activities associated with the 2008 Art of Food & Wine Festival. S. INFORMATIONAL REPORT on Recently Passed SB 375 Relative to a New Greenhouse Gas Reduction Law Requiring Significant Changes to Local Planning Processes and Imposing New Affordable Housing Mandates. Rec: Receive and file. Councilmember Finerty requested Item M be removed for separate action under Section XI, Consent Items Held Over. Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER M. REQUEST FOR APPROVAL of Professional Services Agreement with Stephen R. Smith for Consultant Services on the Westfield Shoppingtown Palm Desert Expansion (Contract No. C28280). Councilmember Finerty stated Councilmembers had been meeting with Westfield, and she knew they weren't ready to start, so she questioned why the contract's start date was October 15, which was eight days ago and would continue to December 31. Secondly, if the contract was a benefit to Westfield, why would the City pay for professional services out of the unobligated fund and then have Westfield reimburse the City. Ms. Aylaian responded Westfield had not officially submitted their Application, but they were expected to the first week in November. However, in the next week, a preliminary review of the drawings would be submitted to the Architectural Review Commission (ARC). She said even though a package hadn't been formally submitted, staff begins working with them in doing technical analysis, particularly on their Environmental and Traffic studies, so there was a need to have a planner assigned to the project and work would begin as soon as the contract was approved. Staff was committed to helping Westfield expedite approval, and the level of expertise needed was high because of its complexity. Staff was looking for someone who was seasoned and would not be assigned other tasks simultaneously. Staff thought Stephen Smith could be brought in to work in that capacity and 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 serve as needed until they got through the entitlement process. With regard to the funding, she said typically a developer paid a deposit for a project like this and hours worked by planners were charged against the project; any remaining funds would be refunded. Westfield agreed to pay fora consulting planner rather than a staff planner, and they've agreed to deposit the money in advance, but the financing mechanism was such that in order to approve the contract, the funds needed to be in place. Responding to question, she said Westfield was required to deposit the money into the Trust Fund when the Application was submitted, which was expected to be within the next couple of weeks. Further responding, she confirmed Steven R. Smith was a former City employee who had previously retired. Councilman Ferguson stated the proposed Professional Services Agreement with Mr. Smith was a few pages, and the job description was limited to two words, "Principal Planner." He asked what a Principal Planner entailed. Ms. Aylaian explained the job description was purposely left vague because the current in-house planners would also be working on the project. The scope of work required high-level technical analysis of the California Environmental Quality Act (CEQA) and the permitting process of entitlements. She said Mr. Smith would provide analysis and technical writing support to Tony Bagato, who was the current Principal Planner, and at this time, it was unknown if Mr. Smith would be the one making presentations in front of the City Council. She said the job description was kept broad in order to use Mr. Smith as needed to augment staff. Mayor Benson said she too wanted to pull this item because she felt the City had qualified staff available to do the work; considering there was a construction slowdown. She was not in favor of spending $25,000 to hire outside help when Palm Desert was suppose to have the best staff in the County. She went on to say the City waited on Westfield for months for information, that by the time the Application was submitted, the amount might be huge. Ms. Aylaian added this project was very complex, and the City currently didn't have anyone on staff, other than herself, who's handled an Environmental Impact Report (EIR), which would be required for this project. Responding to question, she said staff had experience with CEQA analysis, but not a full EIR. She said the two former Senior Planners had 25 or 26 years experience behind them when they retired, and the City now had a younger staff that didn't have the level of expertise to be able to handle this project expeditiously. Due to the importance of a Westfield project to the community, the City was committed to work with Westfield in a team -like fashion to expedite the project. Westfield agreed to pay the slight premium in having an outside consultant, because it was important that it be handled 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 expeditiously, so that when something was submitted to be analyzed, that it be a competing project. She said it was equally important to have staff assigned simultaneously. Councilman Kelly stated that with regard to the workload, he recognized the City didn't have residential development going on, but on the other hand, the City had an excess of $160 million worth of building permits; he believed a lot was happening in the Commercial area. Ms. Aylaian explained that with the downturn of the economy, the nature of the work had changed dramatically for staff. She said on -going over-the-counter type and small entitlement issues had increased while the larger entitlement projects had stopped. Mayor Pro Tem Spiegel acknowledged that existing projects like the El Paseo Expansion and new stores needed monitoring. Councilman Ferguson stated his main concern was the hiring of a former City employee. Ms. Aylaian responded staff didn't anticipate using a consultant for anything other than this project. Responding to comment, she said other firms were reviewed, but in order to expedite and get the best value, it was important to have someone who was familiar with Palm Desert City procedures, because it was different from having someone from a firm perform a CEQA analysis. The set of services needed was not about doing the technical studies, it was about giving the technical studies, analyzing them, working with different in-house departments, and taking the Applicant through the City's Architectural Review Commission (ARC), Planning Commission, and City Council. She didn't feel other firms had the level of expertise with the knowledge of taking a project through the City of Palm Desert from an administrative perspective rather than a technical perspective. Councilman Ferguson said he understood but thought the staff report didn't provide sufficient information regarding the scope of work or a full job description. He said he was completely biased about hiring former employees who were drawing a pension from the Public Employee's Retirement System (PERS), and working part-time for the City, which he thought was not good government. He liked Steve Smith personally and recognized his statements may sound negative, but other former employees like Rudy Acosta who wished to return to work for the City were rejected because of the appearance of impropriety. He was concerned that no effort was made to put together a meaningful contract, that it didn't go out to bid, and the contract request was for $25,000 to hire a former retired City employee. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Ms. Aylaian responded that because this contract was for Professional Services, the City was forbidden by State law from soliciting competitive bids. She confirmed a Request For Qualifications (RFQ) was conducted where rate charges were reviewed and taken into consideration, and the selection was based on qualifications. Mayor Pro Tem Spiegel said comments were well taken, but hiring a retired former City employees was not in the best interest of the City. Councilman Ferguson stated he was not opposed to contracting with a Principal Planner who was not related to the City. He agreed with Councilman Kelly's comment that the City had enormous commercial projects going on, and if Westfield followed through with their proposal, the City would need additional help. His only concern was awarding a contract to a former City employee. Councilmember Finerty moved to deny recommendation. Councilman Ferguson noted the recommendation didn't have to be denied in it's entirety, in that the amount could be approved. Councilmember Finerty replied she preferred to start from scratch with the process already discussed, but with a more detailed description of the scope of services to be performed. Ms. Aylaian stated the City maintained a pool of qualified consultants with whom the City could write up contracts for a value of up to $25,000 that could be approved by the City Manager. She said there were other firms that provided planning services, and she will try to pick one that could work effectively in this capacity with enough insight into how the City functioned; the contract would not require City Council consideration because the amount would be under $25,000. Councilmember Finerty stated the consultant would need to be someone with EIR experience, even though that would be needed down the road. Ms. Aylaian responded that because staff was actively working with Westfield already, the City needed someone now for the analysis and technical knowledge of all the issues involved with the different departments in doing a review. She said if Council was not prepared to use a consultant and would like to think about it further for another 60 days, she could make due with staff; otherwise staff would lose the opportunity to have the consultant make a meaningful contribution to the work effort. Responding to question, she confirmed it was Westfield's plan to have a Study Session with the Council on the entire development within the next three weeks, but 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 it hadn't been presented to the Architectural Review Commission (ARC). Due to the Veteran's Day holiday, a special ARC meeting was scheduled for November 12, 2008. Councilmember Finerty stated that since Tony Bagato was the Principal Planner on staff, she preferred that Westfield have their meeting with the Council to explain their plan and their expectations from the City before jumping into anything. She believed Mr. Bagato and staff could balance whatever needed to be done until then. Councilman Kelly said he preferred to start over and deny the recommendation. Mayor Pro Tem Spiegel and Councilman Ferguson agreed. Councilmember Finerty noted that was her original motion. Motion to deny recommendation was seconded by Spiegel, and it carried by a 5-0 vote. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 XIV. NEW BUSINESS A. CONSIDERATION OF ORDINANCES RELATED TO NOISE DISTURBANCES AND MULTIPLE RESPONSES TO LOUD OR UNRULY PARTIES AND GATHERINGS. Mayor Pro Tem Spiegel stated he would approve the recommendations because it would allow the police to step in and stop unruly music. Ms. Aylaian agreed, and stated the City could be reimbursed for the cost of police if they had to respond multiple times to the same location over a period of 60 days. In addition, regarding both Ordinance Nos. 1171 and 1172, which were the Ordinances dealing with Multiple Responses, she recommended amending the wording in Exhibits A and B of Section 9.25.030 and 050, to read 60 days instead of 120 days, so that it matched the remaining text, which addressed the time period in which multiple responses counted towards a single event. Mayor Pro Tem Spiegel moved to waive further reading and: 1) Adopt Urgency Ordinance No. 1169, amending Chapter 9.24 - Noise Control of the Palm Desert Municipal Code; 2) pass Ordinance No. 1170 to second reading, amending 9.24 of the Palm Desert Municipal Code; 3) adopt Urgency Ordinance No. 1171, adding Chapter 9.25 to the Palm Desert Municipal Code, regarding multiple responses to loud or unruly parties, gatherings, or other similar events; 4) pass Ordinance No. 1172 to second reading, adding Chapter 9.25 to the Palm Desert Municipal Code, regarding multiple responses to loud or unruly parties, gatherings, or other similar events; in addition amend the wording in Exhibits A and B to reflect 60 days instead of 120 days to Section 9.25.030 and 050. Councilman Kelly stated he could see how these Ordinances addressed neighborhood problems, but his main concern was that it addressed places like South Beach where the City had a problem that went on and on, and it finally got solved because they went out of business. He's always had the feeling the City needed an ordinance that would authorize the Sheriff to site people when dealing with noise problems, similar to issuing a traffic ticket. He asked if the proposed ordinances provided language with teeth that would help avoid situations like with South Beach. Ms. Aylaian responded this item actually teamed up three Ordinances designed to address issues already mentioned. One was the Entertainment Ordinance that was previously passed, so that when South Beach reopened, or another business wanted to offer entertainment and/or outside amplified music, they would need to go through a permit review process. That permit could be revoked if the business was out of compliance. The second Ordinance was the Noise Ordinance, which would allow businesses to be 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 cited if they were violating the restrictions and noise limits. The third Ordinance was the Multiple Responses, which allowed the City to recover costs spent in enforcement of the subject ordinances. The Ordinance that would address Councilman Kelly's concerns would be found in the Noise Ordinance; it would allow both police and code enforcement officers to issue citations at the particular time someone was found to have caused a violation. Mayor Benson stated the City needed to try something, and if it didn't work on the first citation, the Council would know it. Councilmember Finerty seconded the motion. Mr. Deitsch explained the Council had two Ordinances to consider, one was a Noise Ordinance, and the other was the Multiple Responses Ordinance regarding noisy or boisterous parties. Each Ordinance had two different versions, one was an Urgency Ordinance that once adopted would take effect immediately, and the other was a regular version, which would pass to second reading at the next or future meeting. He noted the Urgency Ordinances required a four -fifth vote of approval. Councilman Ferguson stated there was a whole section that addressed portable power blowers, which was a huge debate 12 years ago that set the noise level at 70 decibels. He asked if a new noise level was being introduced. Ms. Aylaian replied there wasn't, but there were a couple of sections that tied in with other ordinances; i.e., portable devices that covered leaf blowers and constructions hours that had the same requirements as the Municipal Code. Councilman Ferguson asked if he was working on his yard, 50 feet from his front door with the radio playing, if that would be a prima facie violation. Ms. Aylaian replied it would if it was clearly audible to the police/code enforcement officer. Mr. Deitsch clarified it was 50 feet from the source of the sound. Councilman Ferguson questioned why the current Sound Ordinance didn't address the "party house" situation. He understood and agreed with Councilman Kelly's previous comments about South Beach, Augusta, Roc's Firehouse Grille, and others. However, he wondered about his own back yard gathering that might run after 11:01 p.m., which by the way, he couldn't find time limit restrictions in the Ordinance. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Ms. Aylaian responded the time restrictions were listed on page four of Urgency Ordinance No. 1169, which covered general and residential zones, and the different shift decibels allowed. Councilman Ferguson explained the basis for his questions were based on previous experiences where one resident made 168 calls for service because of noise coming from her neighbors. It turned out she had a thrombosis in her ear that was causing the noise, yet the Police Department responded each time, and under the proposed Ordinance someone could have been cited. In another circumstance, his next door neighbor who got married at his house provided a flyer to the neighbors informing them he would be having a pool party ending at 1:00 a.m. He asked the neighbors to please bear with it and/or call him if they had any problems. It all worked out, but if one had an officious neighbor like the one mentioned earlier, they could have a field day based on the proposed rules. Ms. Aylaian replied the police/code officer who responded would have to verify that it was a reasonable reporting. Responding to question, she said there was no provision for repeated calls, but one could be added. Councilman Ferguson said he would feel better if the abuse of repeated calls was addressed on both sides to have more of a balance. He said police officers were required to respond 168 times per the City's contract with the Sheriffs Department, and who knew what that cost. He said the caller finally moved, which was when the problem ended. Mayor Benson agreed the Ordinance needed additional language that addressed rentals as well, because the Council received another letter on the Grapevine house. Councilman Ferguson agreed and stated a limit on false calls needed to be added to the Ordinance. Ms. Aylaian asked the City Manager and City Attorney if there was another place in the Municipal Code in general that addressed harassment calls in relation to responses by police. Mr. Deitsch replied he didn't know the answer off hand and would have to look at the Municipal Code. He said if Council wished to add language to the Ordinance, it would be a substantive addition, and Council couldn't bring the Ordinance back on second reading. He knew Council was suggesting a concept, but the exact wording would be needed. Another option would be to pass this Ordinance as Mayor Pro Tem Spiegel suggested, and amend the Ordinance later or at the next meeting for first reading. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Councilman Kelly said he would be more comfortable passing all four Ordinances to second reading instead of passing two Urgency Ordinances now. He said it would provide the Council more time to review a couple of problems. Councilman Ferguson agreed, and stated the City could work with the Sheriff Department and Code Enforcement on whether tickets could be issued on the spot, because people were bound to tone down activities for at least the next three or four weeks. Mayor Pro Tem Spiegel withdrew his motion, and moved to approve the Urgency Ordinances, and have regular Ordinances Nos. 1171 and 1172 to be brought back to Council at the next meeting. Motion was seconded by Kelly. Ms. Klassen asked for clarification on the motion, and after much discussion and input by City Attorney on procedure, it was decided that it would be best to continue this item. Mayor Pro Tem Spiegel withdrew his previous motion, and moved to continue this item to the meeting of November 20, 2008. Motion was seconded by Finerty and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF INVESTMENT BY THE PALM DESERT REDEVELOPMENT AGENCY IN LIMITED OBLIGATION BONDS ISSUED BY THE CITY OF PALM DESERT RELATIVE TO THE CITY'S ENERGY INDEPENDENCE PROGRAM (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega stated staff was recommending a temporary measure for the Energy Independence Program (EIP) because it wasn't the City's intention to provide long-term financing. He said staff would later be proposing altemative long-term financing to the Council. In the meantime, it could choose to add monies to the current fund, repay the Agency, or not approve this investment. He said the Program's response had been good, and approval of this item would allow for loan applications to continue to be processed. Responding to question, he said this request was for $5 million. Councilman/Member Ferguson stated that he, Pat Conlon, and Consultant Ted Flanigan questioned how much longer before another $5 million would be needed for the EIP. He said the Program had commitments through the first $2.5 million, with $1.2 million waiting in line, and another $1.4 million waiting on the approval of the second $5 million, which raised the question known all along that a larger financing entity would be needed. He said he was the keynote speaker at the Solar Santa Monica, Southern California Association of Cities Conference next week. He said even in the current 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 economic market, enough interest had been garnered in AB 811 Energy Program that large institutional investors recognized the security of capital secured by tax liens on property, which was superior to prime lending. He said working with large regional pools of money like the Joint Powers Authority or people with a substantial reserve could help start funding other cities. He said Palm Desert was blessed because it had proven the EIP worked, and it was enormously successful; the first $2.5 million went in 19 days. He said each application was reviewed by Pat Conlon, and he too had looked at them. He said the Program was taking kilowatt hours off the grid and saving the residents tons of money. He was in favor of approving this investment for $5 million, recognizing it would only last until January 2009. In the meantime, he, Mr. Ortega, Pat Conlon, and others needed to beat the bushes to find a larger institutional lender. Mr. Ortega responded staff had a larger institutional lender in the works, which the City's financial consultant could describe this evening. He reiterated approval of this item would allow for the continued processing of loans for the Energy Independence Program. Mayor Pro Tem/Vice Chairman Spiegel said he would like to approve this item because he knew staff was working with two banks that had plenty of money. However, he personally preferred to have the banks be the carriers of the money and the City only secure the loans. Mayor Pro TemNice Chairman Spiegel moved to, by Minute Motion: 1) Authorize the Agency Treasurer to invest lawfully available Agency funds in limited obligation improvement bonds, which may be issued by the City and secured by and payable from contractual assessments related to the City's Energy Independence Program. 2) Direct staff to cause the preparation of documentation necessary for the City Council to consider the issuance of limited obligation improvement bonds secured by and payable from contractual assessments related to the City's Energy Independence Program. 3) Authorize the City Manager and/or Executive Director to have necessary resolutions and documents prepared for consideration by the City Council and/or Agency Board for said purposes. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A NEW, FOUR-STORY, 128-ROOM HOLIDAY INN HOTEL THAT WILL BE LEED CERTIFIED WITH SILVER RATING, INCLUDING A HEIGHT EXCEPTION TO ALLOW A MAXIMUM HEIGHT OF 54 FEET — PROJECT TO BE LOCATED AT 36-400 TECHNOLOGY DRIVE Case No. PP/CUP 08-251 (Prest Vuksic Architects, Applicant). Assistant Planner Kevin Swartz stated the subject property was located on Technology Drive, west of Cook Street and north of Gerald Ford Drive. The property was zoned Planned Community Development with a Freeway Commercial Overlay; the south, east, and west of the site were also zoned Planned Community Development, and to the north was Interstate 10. In April 1997 the City Council approved the Wonder Palms Master Plan, which included 269 acres of land. The subject parcel falls within the Wonder Palms Master Plan that's designated Planning Area 2, and uses Planned Commercial Development Regional Center standards. The vacant parcel totals 3.14 acres that is generally at the lowest elevation of the City. On the corner of Cook Street and Frank Sinatra Drive, the elevation was at 200 feet, and the finished floor for the hotel was at 170 feet. The project is a new four-story, 128-room Holiday Inn Hotel that will meet LEED silver certification. The two main entrances consist of a circular path that leads to the main entrance of the hotel. There are two other entrances located on the far north and south property that lead to additional parking and swimming pool. The site has a total of 198 parking spaces. The hotel will feature a restaurant, outdoor pool, spa, meeting room, exercise room, gift shop, and it will have two outdoor decks located on the forth floor on the north and south elevations. The hotel has a main roof line of 48 feet to the tallest roof element at 54 feet. The Applicant was requesting a height exception to the Planned Commercial Zone; the hotel exceeded the height limit of 35 feet in the Zone, but it's design was in content to the grade change and adjacent uses. The architecture was in keeping with existing buildings and would enhance the surrounding areas. He noted the signage program would come at a later time under a separate application. He said by adding the four-story, it eliminated the need for an 8- to 12-foot parapet to screen mechanical equipment and added to the architecture of the building. He displayed the project and pointed out the surrounding hotels, stores, streets, apartments, commercial area, and campus. Staff was recommending approval of findings subject to the attached conditions. He noted Condition No. 21 of the Resolution with regard to the retention basis had been met. In addition, Condition No. 19b, would require a written agreement for all outside landscaping, including the slope. He said the Applicant posted balloons out 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 on the site to identify the location, which he had photographs to show to the Council. He concluded his presentation and offered to answer questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to the subject project. MR. JOHN VUKSIC with Prest Vuksic Architects, resides at 46311 Goldenrod Lane, Palm Desert, stated when he first learned this would be a four-story building, he had concerns because of the difficulty in getting it approved. However, he was pleased with the design and architecture. He said proportionally the long building worked out well for a four-story, which was evident when looking at the elevations. He did give thought about setting a precedence, but because the project was next to the Cook Street overpass, which for the most part was 18 feet above Cook Street (the same height as a house). He said coming off the freeway and heading toward Palm Desert, one was even higher, which was quite relative to the street. He felt the architecture fit well with the desert environment. The building will have thick walls with deeply recessed windows, shade elements, a variety of color, texture, and good shadows. He said hopefully the Council had an opportunity to read the letter from the artist that will create the art for the project, which was another layer he was excited about. The idea was to place the art where it was highly visible from Cook Street to make a statement, rather than having it at the entrance of the hotel. The owner budgeted a larger amount than what was required, because they felt it was necessary to do it right. Responding to question about the location of the art, he said it would be placed on the north end of the building, which can be seen when coming off the freeway heading towards Palm Desert; he's considering having the art wrap around the corner. Further responding, he said the art would be presented to the Council under a separate application. Mayor Pro Tem Spiegel said he was concerned the project didn't provide covered parking because vehicle got warm during the summer months. He asked if covered parking a consideration. MR. VUKSIC replied it was, but he thought it would be more attractive to have a lot of desert trees. Responding to comment, he agreed trees weren't as solid of a cover, but they were nicer to look at. Councilman Ferguson commented the City's tree shade ordinance had never worked. However, his question had more to do with environment design. He noted he and Mr. Vuksic had exchanged comments, phone calls, and e-mails about the project, stating he was aware the project was located in a slope, which the Applicant chose to buy and build in, realizing a different set of circumstances applied. What intrigued him about the project was that the Applicant was willing to go beyond what was required. For example, the 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Applicant estimated he would obtain 36 points towards LEED certification, which placed the project on the high end of silver certification. He had already expressed his strong desire for the Applicant to install solar panels on the rooftop of the building, which may screen the mechanical equipment that Planning staff was worried about. It was also discussed that of the 75 gold certified buildings in the United States, there were only two in California, but none were a hotel. Since the hotel would be at the gateway of the community and literally on Technology Drive, coming into a dual university system with high-speed internet connection, he thought it would be neat for Palm Desert to have a gold certified building as an entrance statement. He knew it was very short notice on whether it was something that could be considered by the owner/investors at this point. MR. VUKSIC replied gold certification was considered, but they've done some research and found that hydrogen fuel cell, which extracted the hydrogen from natural gas to be the best method for a return on investment. The amount they would pay for hydrogen fuel cell was about $850,000, and the amount for the photovoltaic solar panels was $1.1 million, which was quite a difference. In addition, hydrogen fuel would provide about 41 % of the power needed for the building, and the solar panels would only provide 27%; it didn't take into account rebates and tax incentives, which both systems had. Their research lead them to hydrogen fuel cell, which they were willing to commit to, but they want to do what's best. He said they weren't aware of the tax credits mentioned by Councilman Ferguson, but they were open to any good ideas. Councilman Ferguson said he mentioned the solar panels because he thought they would work for the carports, and he would much rather see solar panels than a roof with mounted AC equipment. He said with a one-third uncapped tax credit, it was about $350,000 to $400,000 of tax credit that could be carried forward for eight years, which building financiers might find more attractive. He encouraged the Applicant to speak to Director of Office of Energy Management Pat Conlon, because he had some opinions on both the technology, cost, and efficiency. He felt this project could be on the map by virtue of the height of the building, but also by the Applicant's forward thinking and environmentalism. MR. VUKSIC responded he couldn't commit to the photovoltaic this evening, but would certainly talk to Mr. Conlon and proceed with what made the most sense. Mayor Benson stated the back stretch along Cook Street would be an ideal location for carports, which she thought would be better to look at when coming down from Interstate 10. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Councilmember Finerty agreed covered parking was very important. She said the City had tried tree shade and had even enlarged the concrete planters to allow for trees to grow and provide the necessary shade, but it didn't seem to work. Being that the Applicant was requesting a height exception, it seem covered parking and gold certification would be a good exchange. MR. VUKSIC replied cost for covered parking was not an issue, they just thought trees would look better. He said if covered parking was the preferred method, he believed it could be done. MR. CODY SMALL stated he was one of the owners of the Holiday Inn project. He complimented the Council with regard to the City's open-door policy; he met with City Manager Carlos Ortega, members of the Council, Planning Commissioners, and staff. He said everyone was approachable and the experience had been wonderful; he appreciated the effort on everyone's part. He said the consultants were hand picked and they were exemplary to the City's standards to where the hotel was headed. He understood the presentation of the hotel for the next 10- or 20 years at the gateway to the community was important. He believed they hired the finest consultants in the Valley. He said John Vuksic, Ron Gregory, and engineers were first rate. He said they owned 38 hotels, but this one had been the most complicated, in the sense of getting to a standard that was far beyond anything they've done before. He said they were stretching their limit with regard to pro forma budget and cost. He understood the building was close to reaching gold certification from a silver certification, which he felt could be reached. He said they would do their best to reach the gold certification that would place everyone in a category that was above and beyond. With regard to covered parking, they thought trees were more attractive than a roof structure. However, covered parking abutting to Cook Street probably made more sense, and it may provide a better experience for their customer base. He knew the Council struggled with the height issue, but he believed in Mr. Vuksic's expert opinion on scale, structure, relief, design, and color to be able to create something that Palm Desert would be proud of . He went on to say, the Holiday Inn was a long-term owner and holder that would be around 15 years from now. They have another hotel in Rancho Mirage, across from the River project that was doing well; they are proud of it because it created a need for their customer base. He said Holiday Inn did well for those that didn't want to go to the Hyatt, Hilton, Sheraton, or the Courtyard; it was an alternative hotel that provided a fine quality experience. He said seven or eight years prior, they were approached by the City of Rancho Mirage to bring a hotel to their City, and their hotel made a statement, which put their hotel on the board. Their work was instrumental in getting the River project developed, and they partnered with Jay Schneider in that development and also with the waterfront across the street. He 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 mentioned those accomplishments to make the statement that Holiday Inn was going out on a limb by building on Technology Drive and Cook Street, because there was 150 to 200 acres of commercial property out there, which they would be pioneering if approved. He said they needed the four-story building for designation of room count, and for the Holiday Inn franchise approval. He believed their project would be a stimulus package for additional development to take place in that area; he noted the Starbuck's building adjacent to the City was 90% vacant. He said these were tough times, and he believed their $18 million project would bring in $320,000 plus Transient Occupancy Tax (T.O.T.) to the City yearly, which would be substantial in the long run. Responding to question about when they expected to break ground, he said it depended upon the financing market and time lines dealing with permits and approvals, but he would like to start the second quarter of 2009. Councilmember Finerty noted the staff report indicate the project would generate $230,000 in T.O.T. for the City, yet Mr. Small said it was $320,000. MR. SMALL said the staff report had a misquote, and it should be $320,000 or higher. Mayor Pro Tem Spiegel added it would be $2 million in four years, which included T.O.T., and tax increments. Councilmember Finerty noted the project currently provided 198 parking spaces, and questioned how many would be designated for covered parking. MR. SMALL replied he would work it out with the consultant, look at the impact from a visual standpoint, and determine how it will look from a height perspective. He proposed limited covered parking against the embankment of Cook, which was to the rear of the hotel. Mayor Benson stated she was confident Mr. Vuksic could design covered parking that didn't look like a roof. Councilmember Finerty said one-third of the 198 spaces could be covered. MR. SMALL responded he was only required to provide 174 parking spaces, but the project would provide 198 spaces. He hoped their stimulus package would assist the building next to the Starbuck's by bringing in additional tenants, but additional parking would be needed. He thought the surplus parking could be a reciprocal for bringing in additional food restaurant users to the building, which was a win -win situation. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Councilmember Finerty stated she was the one who struggled with the height exemption, and her biggest concern was the view from the intersection of Cook Street and Gerald Ford Drive when one looked up to a four-story building at the south elevation. She was aware of the difficult economic times and thought it was nice the City would receive $320,000 in T.O.T., but she wanted to get an idea of how many covered parking spaces would be provided. MR. SMALL said they were able to strike a deal with the City of Rancho Mirage for support with a bed tax rebate over a certain period of time that allowed for the additional amenities on the property. Councilman Ferguson and Mayor Benson replied it wouldn't happen in Palm Desert. Councilmember Finerty said the City's T.O.T. was well -guarded. Mayor Benson said she would be inclined to have covered parking towards the far back row of the property, stating the Applicant may want to add covered parking on the side of the building later. MR. SMALL replied he would work with staff to come up with a plan that worked. Councilmember Finerty said whenever she looked for covered parking there was never enough. She said her vote could be swayed if the Applicant agreed to include covered parking along with Gold LEED Certification. MR. SMALL responded that based on his limited knowledge on the matter of solar versus fuel cell, the difference was $500,000 in up -front capital cost, which was a lot of money. Councilman Ferguson agreed with Councilmember Finerty, that the City typically didn't ask for anything unless exemptions were being requested. He said he was not asking that solar be used, but that consideration be given to reaching the gold certification. The prospectives indicated the building was at 36 points with 4 points possible, and gold certification was 39 points; he recognized certification was not obtainable until six to nine months after completion of the building. He asked the Applicant for a commitment to do everything possible to reach the gold certification status. Councilman Kelly said he was partial to fuel cell because he had experience with it, even though Councilman Ferguson preferred solar. He was interesting in what the Applicant was planning to do with fuel cell. MR. RALPH RAYA, MRC Engineering, Inc. stated they weren't prepared to speak in detail about fuel cell today, because he had planned to go back to 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 the company ClearEdge Power to calculate exactly what would be needed in terms of number of devices. He knew there were a few locations in the Valley that were using the product. He'II be comparing costs using solar panels now that they were committed to doing some level of covered parking; three days ago there was limited footprint where solar panels could be used on the project. In addition, he was committed to doing some level of alternative fuel powered management to cut down on the greenhouse gases and everything else. Councilmember Finerty responded she didn't know what "some level" meant to the Applicant, and she would only feel comfortable in conditioning the project to include specifically what the City was looking for. She asked if it would be helpful to continue this matter to provide the Applicant more time to explore and research, or if that would be a hardship. MR. RAYA replied that just prior to this meeting, they had calculated using nine of the ClearEdge Power devices, which brought in 30% to 40% of the hotel's power, and he was willing to stay within that range whether it was solar panels or fuel cell. He said percentages were the best numbers he could provide because it was a hotel, and high occupancy during the summer would require a lot of power in air conditioning, which may be a difficult target to reach. Councilman Ferguson asked the Applicant to commit to a Gold LEED Certification in order for this discussion to be over. Councilmember Finerty added the conditions would also include covered parking along Cook Street. MR. RAYA agreed to the conditions, and stated they would work with the Planning Department on the design, and he estimated the project would include 50-75 covered parking spaces. With no further testimony offered, Mayor Benson declared the public hearing closed. Councilman Ferguson moved to waive further reading and adopt Resolution No. 08-97, as amended, to include Gold LEED Certification and covered parking along the rear of the project (Cook Street frontage). Motion was seconded by Finerty and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 1 Report on Tract Map No. 32498 - University Pointe (Palm Desert Partners, L.P., Applicant). Mr. Ortega stated staff had exhibits to show the Council to explain what it was attempting to do. He said this item involved a tract map that was approved a few years ago, and the Applicant was requesting that some of the conditions be removed because the project had not proceeded. Staff was willing to remove the conditions relating to the interior streets as long as the bonds were renewed, but still requiring that the main street be improved to its final condition because it was used by other properties. Staff had a proposal and budget, but the conflict between staff and Applicant was cost. He said staff was prepared to make a presentation and answer questions. MR. JIM THOMPSON, Applicant, stated this situation had become complicated, and he would attempt to make his comments brief. He said he was contacted and informed by City staff that time was running out on the Subdivision Improvement Agreement and requested the outside improvements be completed. After several discussions, City staff wound down from having him do the entire subdivision improvements. He said everyone was aware of the current economic times, and it affected him, the bank, his partners, and he couldn't afford to do all the improvements. He said he spoke to Mr. Ortega a month ago, and he thought they had arrived at a verbal agreement to patch the street that was currently dirt; a 20-feet by 300 feet section. He said that section existed when he bought the property, but it wasn't visible because it was fenced. He said the neighbors didn't like the fence, and he didn't blame them. He suggested moving the fence back to the curb line and patching the street, which he thought Mr. Ortega had agreed. Subsequent to that conversation, he received an amendment to the subdivision agreement from Best, Best & Krieger stating if the street was fixed and the fence was moved back to the curb line, it would be satisfactory; he signed the agreement and submitted it to Mayor Benson. He approached the City Council on the same subject and was referred by the Council to speak to staff. He said staff met with him earlier this day, and he felt they gave him a lecture to the effect that they were staff, they had a responsibility, and they could not and would not yield. He thought it was ludicrous to expect him to construct the street to the full City standard and later have it torn down to install sewer, gas, electric, etc., into the subdivision. The request went beyond the agreement he thought he had with Mr. Ortega, or the one written up by Best, Best & Krieger. He said staff was requesting concrete meandering sidewalks, which was never part of what was agreed to. After his meeting, he drove down 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 to El Paseo, and as he passed through the subdivision between City Hall and there, he noticed the streets didn't have sidewalks. He questioned what was the public safety issue with his subdivision that didn't exist off El Paseo. He pleaded with the Council to allow him to patch the street using a less than the "City standard," because most of it would be removed in the future. He said he could put in asphalt berm at the edge of the street to allow water to run from the subdivision to the north to the south. Another suggestion he offered was that instead of putting in meandering concrete sidewalk, which no one would probably use, was to install four feet of flat asphalt for the sidewalk. He said it was the City Council's job to make a decision. He said his problem was obtaining financing and offered to answer questions. Councilman Ferguson stated he and Mr. Thompson had spoken on many occasions, and he too was under the same belief that at one point, he, City Attorney, City Manager, and Applicant were all on the same page. He understood the Applicant had a subdivision on the corner of Portola Avenue and Frank Sinatra Drive with on -site and off -site improvements as conditions of approval, which the Applicant was willing to adhere to when he was able to move product; therefore have the cash flow to make the improvements. He also recalled discussions of having the Applicant extend the performance bond to provide assurance to the City that he would perform. MR. THOMPSON agreed, stating that's what was in the agreement sent to him by Best, Best & Krieger. He agreed to do the limited amount of work if the City would extend his subdivision agreement. Responding to question about the asphalt patch, he explained the City standard for a street was seven inches of aggregate base, covered by four inches of asphalt. He believed the County standard was two and one-half inches of asphalt over four inches of base. He proposed four inches of base and two inches of asphalt to make it level with the street, which would accommodate residential traffic for quite a period of time. He said that option was unacceptable by staff, but he was now being asked to construct a full curb and gutter. Councilman Ferguson said the fence with the green plastic looked terrible and understood why the neighbors were complaining. In fact, deterioration of the City due to the slow down in the economy was the topic of conversation earlier this day, and he couldn't see having the fence and tumbleweeds exist for two or three years while the Applicant was waiting to sell his product. He questioned where the conflict was because the Applicant had an agreement at one point, at 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 least in principal, and next staff was requesting full outside improvements with no extension or posting of the bond. MR. THOMPSON replied it was somewhat true. He explained the 20 feet of dirt into the street already existed when he acquired the subdivision, and the subcontractors for the adjacent subdivision were parking along his property leaving materials, so he fenced up his property. He proposed moving the fence back to the property line and patching the street; visually it would look like a regular street. He guaranteed drivers wouldn't know if they were driving on two inches of asphalt or four. The proposal would accommodate his needs and make the City look better. He had told Mr. Ortega that he would clean up the site and leave the fence at the curb line. The agreement he received from Best, Best & Krieger agreed to extend his subdivision, so he didn't know where it all got off track. Councilman Ferguson noted the word "patch" was a dirty word in the City, mostly because of past experiences with Coachella Valley Water District (CVWD) and other utilities who were required under the City's Code to restore the roads back to the original grade and standard, yet they left Tess than satisfactory dips all over the City. MR. THOMPSON responded a Tess than City standard was what he considered a patch. He said if a City standard road bed was put in now, and the subdivision got underway, it would all have to be torn up to install waterlines, gas, and other utilities, which was when one ended up with patches. He reiterated he would agree to put a less than standard street that visually the difference wouldn't be known. Councilman Kelly stated that regardless of what the other agreements were, nothing would be happening for two years. He questioned what the downside was to having the fence moved back with the temporary improvements, and having the permanent improvements done later. Mr. Deitsch responded the subject agreement was considered a draft amendment to the subdivision agreement because it wasn't fully executed; it was signed by the Applicant but not by the City. He went on to say improvements to Shepherd Lane were to have been completed on October 15, but they were not satisfied as of this date. Furthermore, under the terms of the amended Subdivision Improvement Agreement, the Applicant would be required to complete the remaining improvements set forth in the original agreement within two years of the completion of the improvements described in the amendment. He said a bond would be required for it, and he hadn't heard the Applicant say he was willing to extend the bond to cover the 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 work in full for a period of two years, and possibly increase it, in light of the fact that more time would have elapsed, October 15 had come and gone, and Shepherd Lane was not complete. Responding to question, he said the City could agree to a temporary road improvement, but it needed to be done immediately, and additional security would be needed, which the Applicant seemed reluctant to extend. He said the City was up against a deadline that expired November 30, and if the City didn't call the bonds now, it wouldn't be able to later because the City wouldn't have no security, and he couldn't make that recommendation. Responding to question, Mr. Thompson agreed to extend the security and increase the bond amount; he said all he had to do was make a phone call to the surety. Councilmember Finerty asked what was the current surety bond amount. City Engineer Bo Chen said he believed the surety was approximately $444,000 and anticipated it needed to be increased by 15%, which was equivalent to $75,000 or more. Responding to question, he said he was comfortable in having the Surety increased to $530,000. However, there was still other concerns like the residents complaining that the final improvements weren't done. Staff had proposed that the full improvements be completed on Shepherd Lane, which staff estimated would be $70,000. Mr. Thompson obtained a quote for $68,000, which was a fraction Tess of the whole improvement cost. He thought it was a reasonable compromise, but the Applicant didn't agree to pay $68,000. Councilman Ferguson recalled that in order to resolve the CVWD "patch" situation, the City came up with a standard that needed to be followed whenever a road was "temporarily" patched. Mr. Ortega agreed that one was established, but the issue here was that the City had the right to call all the bonds to do all the improvements. He said the $444,000 worth of bonds the City could have called versus the $70,000 suggested by staff to make the improvements, was a good trade off; it would provide the street for the City and satisfy the neighbors. Councilman Ferguson asked if the Applicant was willing to increase the bonds to cover the next two to three years. He questioned what would be wrong with having the Applicant put a temporary road with asphalt sidewalk, and pull the fence back to the property line. He said 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 complaints from residents alone wasn't enough to force someone, who was obviously upside down on his project, to do outside improvements for houses that won't exist for another four or five years. Mr. Ortega said if Council was open to having something less than the permanent, the only caveat he had was that the temporary road be cured if needed, because patch work didn't hold up well. Responding to question, Mr. Thompson agreed to replace the road if needed. He pointed out the bonds would be increased and in place, which the City could call up two years from now. Councilmember Finerty clarified the offer was to put in a temporary road, asphalt the sidewalk, move the fence back, and increase the bond to $530,000 for two years. Responding to comment, Councilman Ferguson said the Applicant didn't have to put in a curb and gutter. He reiterated the offer was to put in a temporary road, asphalt sidewalk, move the fence back, and remove the tumbleweeds along Portola Avenue. MR. THOMPSON agreed, noting he had agreed to that before. Mr. Chen noted Council's offer might start a precedence for future projects. He said in the past few months many developers had requested staff to relax their requirements. Councilman Kelly directed staff to refer those cases to the Council because not everything was black and white. Councilmember Finerty asked Counsel if the Council had the opportunity to review each case or was it setting a precedence they would be obligated to. Mr. Deitsch replied there might be similar cases, but in his opinion, each case would be based on the particular facts before the Council each time. Councilman Ferguson stated that in all fairness, the Council approved many subdivisions at the peak of the boom, and this Applicant's deadline date of October 15' had come and gone because he couldn't finance it or build it. He felt the City was insisting the Applicant make all the improvements as if he had made full profit off 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 his subdivision. He said the Applicant was entitled to some relief, and he would give the same answer to others in the same situation. Mr. Deitsch clarified the motion was that the Applicant would patch the road, and if the patch failed as determined by the City using reasonable discretion, the City would demand the Applicant cure the patch. If the Applicant failed to cure, the City had the right to call upon the Surety to guarantee the performance of it, as well as all other improvements subject to the agreement. Councilmember Finerty said the agreement included an increase to the Surety Bond to $530,000 for two years, with it expiring November 30, 2010; a temporary road; asphalt sidewalk; the fence line moved back; and removal of the tumbleweeds from the site. Councilman Ferguson stated he agreed to working together in good faith to take care of the problems caused by the market, and asked the Applicant to work with the City. He said the City would not give him a hard time and hoped he would trust the City to work with him to address his concerns. Mr. Deitsch stated everyone needed to understand it was essential for the Agreement to be amended to reflect the new arrangement within the next ten days; it will provide the City enough time to call the bonds if the Agreement wasn't executed for any reason. Responding to question, he confirmed the Mayor could execute the Agreement without having it come back to the Council. Councilmember Finerty moved to, by Minute Motion, approve of the Applicant/Developer performing all of the following as it relates to Tract Map No. 32498 and amendment of the Subdivision Improvement Agreement to reflect said terms, Mayor to execute same: 1) Installation of temporary roadway, along with an asphalt sidewalk, including the cure of any failure therein as may be determined in the City's reasonable discretion; if deficiency is not cured, City shall have the right to call upon the surety to guarantee performance, as well as for all of the improvements that are subject to the Agreement; 2) relocation of fencing out of the roadway; 3) extension of the Subdivision Surety for two years to November 30, 2010, and increasing amount of same to $530,000; 4) clean up of all weeds and plant overgrowth and restabilization of the site surface. Motion was seconded by Kelly and carried by a 5-0 vote. 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 NOTE: Item No. 2 was added by 5-0 vote at convening of the meeting at 3:00 p.m. 2. Consideration of Outdoor Display of Goods and Merchandise. Mayor Pro Tem Spiegel said he asked for this item to be added to this agenda and reported that he, Councilmember Finerty, Ms. Aylaian, Economic Development Manager Ruth Ann Moore, Code Compliance Manager Hart Ponder, Palm Desert Chamber of Commerce President/CEO Barbara deBoom, and representatives of California Patio, Palm Springs Cyclery, and Country Club Golf Carts —from the shopping areas around Washington Street/Country Club Drive —met about outdoor display of goods and merchandise. He said those business owners felt that in this economy, if they don't have some way to effectively display their merchandise in a proper way, they would be suffering. He agreed that businesses were hurting, noting closure of the Bakers Square Restaurant downtown this week, and the aforementioned subcommittee was asking that the Community Development/Planning Department be charged with approving some permits that were not allowed currently. He suggested that the City Council request that issuance of such permits be conditioned upon: • Provision of professional quality display and signage, with signage limited to no more than a total of five square feet in area, including any pedestal signs. • Maintenance of adequate parking spaces, sidewalk area, and walkways at all times. • Maintenance of clear lines of sight to adjacent businesses, signage, and view corridors. • Prohibition of clothes racks, folding chairs and tables, pallets, A - frame signs, and merchandise displayed on the ground or without attractive shelving, display fixtures, or stands. • Any other conditions deemed appropriate by the Director of Community Development in order to preserve the visual and aesthetic character of an appealing, up-market shopping experience. Mayor Pro Tem Spiegel noted that it was important to preserve the Palm Desert character of all retail areas, but the City recognized that there were businesses that wanted to increase traffic by attracting customers with their merchandise. Councilmember Finerty added that this program was being recommended on a trial basis for six months. Mayor Pro Tem Spiegel agreed, stating that it would go until April. 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Responding to Mayor Benson's question, Mayor Pro Tem Spiegel answered that all applications for the permits had to be made to the Planning Department, including pictures of the proposed display, and they would be approved by the Director. Then the approved plan would be provided to Code Compliance for assurance that the conditions were being met; if not, the business would be cited. Further responding, he didn't think this would be Citywide, not all areas of the City would want such a program, adding that it was not intended to be conducted like a street fair —he didn't foresee jewelers on El Paseo wanting a streetside display. Councilmember Finerty commented that while she was not usually inclined to support such a program, it was helpful for her to see the pictures of what merchants were proposing; and it was nicely done. She said that was when they decided that guidelines were necessary in order to prevent clothes racks, folding chairs, etc.; it was something that would be reviewed before it goes up, and she felt it was reasonable to try the program to help merchants. Councilman Ferguson noted that in his experience on the City Council, there was no such thing as a trial period —every trial they'd instituted to date had become permanent (i.e., street closure adjacent to Fred Waring that was never opened up again). He noted that he served on Planning Commission when the City beefed up those ordinances, because things like clothes racks, etc., were being set out at the exact same center on Washington Street, and it was distasteful. Therefore, he preferred approaching this situation with a Temporary Use Permit (TUP), as is done with RV (Recreational Vehicle) parking, where it is good for six months and expires automatically; if the applicant wants to renew, they have to prove with pictures and satisfactory evidence to support renewal. Mayor Pro Tem Spiegel agreed, adding that the merchant would have to show how it helped their business. Councilmember Finerty noted that this program was being presented as a six-month TUP. Mayor Pro Tem Spiegel went on to say that it was also suggested that the program was conditional upon submission of evidence of the effectiveness and relative success of the outdoor display, and that no permit or renewal extend beyond April 30, 2009, at which time the City Council would reevaluate the policy. 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Mayor Benson pointed out that if it doesn't prove to be effective in six months, it probably won't be. Councilmember Finerty remarked that the coming six months would be important, with it being the beginning of the season for merchants; if it didn't help by April 30, it wouldn't do much in the summer. Upon inquiry about the program being offered Citywide, Ms. Aylaian said the proposal was to handle it as a TUP, and also that it apply in all commercial zones. However, some of the commercial zones, such as the one off of Washington Street, have wide open areas to work with and would be easier to accommodate. She said in the denser commercial core areas, it would be more difficult to maintain walkways; more limited displays would probably be permitted. She pointed out that each property would be reviewed on a case -by -case basis to determine how much room there was to work in and what display was appropriate. She confirmed that the TUPs would be revocable solely at her discretion, no hearing was required. Councilmember Finerty stated that she was comfortable that every angle had been covered to keep displays from looking tacky. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve a six-month program for issuance of Temporary Use Permits (TUP) for businesses, allowing the outdoor display of goods and merchandise, subject to the stated conditions, until April 30, 2009, after which time the emergency program be reevaluated by City Council. Motion was seconded by Kelly. MS. CHRISTINE HALL, Ambassador Detail Service, 42-829 Cook Street, Palm Desert, displayed an A -frame sign her business purchased for $250 to attract customers. She put the sign up for six hours and was cited, noting that while the sign was up, they had three people stop in because they saw it. She said signage in front of their building was not available —they were behind Cook Street on Sheryl —with signage in the front of the building being cost prohibitive. She noted someone from the City's Planning Department came out to help brainstorm how to identify her business, but the two options available were cost prohibitive to them as a new business. Thereafter, she purchased the A -frame sign, got cited, and has been unable to use it since. She said as a small business owner outside of the Country Cub Drive area, she wanted to use a sandwich sign on the comer of Cook/Sheryl that would not be on the sidewalk but on the adjacent landscaped area. She implored the City Council to consider the plight of Palm Desert business owners needing signage to identify themselves when there was no frontage. She related that 36 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Palm Springs City Council passed a regulation to allow businesses to use sandwich board signs. Councilmember Finerty noted that with all due respect, Ms. Hall's proposal would not have been approved as part of the subject TUP program; although as a small business owner herself, she could certainly appreciate Ms. Hall's circumstances. Ms. Aylaian responded further that as it relates to the TUP process being discussed, Ms. Hall's situation would be considered off -site signage, which was not permitted. Furthermore, an A -frame sign would not be approved under the aforementioned guidelines. Responding to question about what Ms. Hall could do, she was unfamiliar with the specific location and visibility from the street but noted that the Zoning Ordinance prohibited off -site signage; she would need more specifics before being able to answer under the current regulations. Councilman Ferguson noted that City officials met with commercial real estate representatives about signage along Washington Street and the distinction between identification and advertising signage, and he questioned which type was envisioned along the sidewalks here. Ms. Aylaian replied that it was both. For example, she said there was some good use of pedestal signage along El Paseo, as opposed to the A -frame type. Pedestal signs are mounted on a stem, usually 2- foot x 1-foot in size, may say "Open" and include the business name; there was a limited amount of text, and it was directly in front of the business. Councilman Kelly remarked that the Planning Commission just reviewed and turned down a request from Carl's Jr. on Cook Street for extra identification to attract more customers; this was the same situation. He said that as much as the City wanted to assist, it was a very difficult issue —he compared everyone on the street wanting to put something extra on their corner to the proliferation of political signs around town currently. Ms. Aylaian responded that in the past, the City/Planning Commission has done a careful job of only permitting signage for a particular business directly in front of that business, not on a different street in an attempt to direct or induce customers to drive past. For businesses that demand high -volume drive -by traffic, it was expected that they could pay the premium for a location that will provide that 37 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 traffic, rather than a secondary location and installation of large directional signs. Councilmember Finerty agreed. Mayor Benson called for the vote, and the motion carried 5-0. NOTE: Item No. 3 was added by 4-0-1 vote (Ferguson ABSTAINING) at convening of the meeting at 3:00 p.m. 3. Discussion Regarding the Riverside County Board of Supervisors' Proposal for Re -zoning in the Cahuilla Hills (Case Nos. GPA 885 and C/Z 7612). Councilman Ferguson noted his conflict of interest with the subject topic, and he recused himself from the Council Chamber. Senior Management Analyst Ryan Stendell reported that he attended a 4:00 p.m. meeting today at Supervisor Roy Wilson's Office. He said Supervisor Wilson advocated going back to the original proposal, eliminating one -acre zoning in some places and five -acre zoning in others, with a blanket five -acre zoning over everything, subject to a condition that if an applicant could ever get secondary access, it could be reconsidered. He stated that this issue was going before the Board of Supervisors next Tuesday, October 28. Responding to question, he stated Supervisor Wilson recommended that it would be beneficial if the City sent some correspondence or even had a Councilmember attend the hearing next Tuesday. He offered that he and Ms. Aylaian could confirm exact times and assist with drafting correspondence. Councilmember Finerty offered to attend the Board Hearing next Tuesday; and if her colleagues concurred, she would appreciate assistance with the correspondence, including obtaining copies of everything that has been sent to date. With City Council concurrence, Councilmember Finerty was appointed to attend the Riverside County Board of Supervisors Meeting to represent the City of Palm Desert in the Cahuilla Hills Re -zoning Matter (Ferguson ABSENT). B. CITY ATTORNEY None C. CITY CLERK None 38 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 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: 1. Palm Desert Fire Department Uniform Patches - Mayor Pro Tem Spiegel noted that all of the City's Police Officers wore a "Palm Desert Police" patch on their uniforms. He asked if the Fire Department could incorporate the same policy, because presently the only thing in the Fire Department that indicated Palm Desert was the decal on the truck. 2. Emeraencv Preparedness - Mayor Pro Tem Spiegel reported that there was going to be a simulated 7.8 earthquake on November 13 in conjunction with a preparedness drill. He was uncertain whether or not all of his colleagues were acquainted with the City's Emergency Operations Center (EOC) in the other wing of the building and requested the City Manager set up a time for Councilmembers to tour the facility and become familiar. In meetings he's participated in to date, he learned that phones will be down, so dialing 9-1-1 will not work; electricity was predicted to be out for three weeks, and water would be out of service for six months. He noted that everyone in the City should be prepared with 7-10 days' worth of food and water, information that residents needed to be reminded of again, and reiterated his specific desire that City officials be refreshed with EOC training. Councilmember Finerty expressed appreciation for Mayor Pro Tem Spiegel's enthusiasm for this issue; it was something she'd been championing since being elected. She was currently serving on a subcommittee with Mrs. Gilligan and Mr. Stendell to update the City's Emergency Service Program. Mayor Benson noted that she would be out of town from the evening of November 13 through November 17. 39 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 o Citv Council Committee Reports: None o City Council Comments: 1. Veterans' Dav Celebration - Councilman Kelly provided a reminder about the City's Veterans' Day Program at 11:00 a.m. on Tuesday, November 11, at Freedom Park. He said there would be a flyover and great musical program; he invited everyone to participate and celebrate our Veterans. 2. Dedication of Magnesia Falls Citv Park - Mayor Pro Tem Spiegel reported that the City's renovated park at Palm Desert Middle School will be officially opened on Saturday, October 25, at 10:30 a.m. 3. Art of Food & Wine 2008 - Mrs. Gilligan reported that the City has a full Tine -up for the Art of Food & Wine, November 6-9, and hoped to see everyone there, including the Saturday night event at the McCallum Theatre. She said staff felt the Festival was well organized and looked forward to a successful outcome for the four -day run. 4. EcoMotion's 2008 Spanish Solar Research Tour - Councilman Ferguson stated he'd put together a report on his recent tour of solar installations, illustrating the different commercial, industrial, and residential applications, and would be providing a copy to each of his colleagues in their mailbox. He said although a lot of time was spent with engineers, he tried to make a layperson's interpretation of what he saw that would make practical sense in the City of Palm Desert. 5. City Recreational/Aquatic Facility - Councilman Ferguson recalled for his colleagues that the City was under contract with gkkworks to provide master planning services for a City recreational facility, and he had an opportunity to meet with them in Irvine prior to the League of California Cities Annual Conference last month. He said they just completed an aquatic center almost identical to what the City desired, with running track above, weight and workout rooms, and lap pool in Barcelona, Spain. He went to visit the site while on the Spanish Solar Tour and found the facility to be very beautiful. He would print up pictures of the center and provide them to 40 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 his colleagues to show the impressive design work done by gkkworks. Mayor Pro Tem Spiegel noted that he and Councilman Kelly would be meeting with gkkworks tomorrow. XIX. ADJOURNMENT On a motion by Spiegel, second by Ferguson, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at07 p.m. ATTEST: RAC ELLE D. KLASSE , tITY CLERK CITY OF PALM DESERT, CALIFORNIA /(�✓i/ `JEAN Mf. BENSgDJ!MAYOR 41