HomeMy WebLinkAbout2014-05-22MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MAY 22, 2014
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
1. CALL TO ORDER - 3:00 P.M
Mayor Tanner convened the meeting at 3:00 p.m.
II. ROLL CALL
Present
Councilmember Jean M. Benson
Councilmember Jan C. Hamik
Councilman Robert A. Spiegel
Mayor Pro Tem Susan Marie Weber
Mayor Van G. Tanner
Also Present
Rudy P. Acosta, Acting City Manager
David J. Erwin, City Attomey
Rachelle D. Klassen, City Clerk
Lauri Aylaian, Director of Community Development
Martin Alvarez, Director of Economic Development
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
Stephen Y. Aryan, Risk Manager
Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
IV. ADJOURN TO CLOSED SESSION
Requestfor Closed Session:
A. Conference with Real Property Negotiator pursuant to Govemment Code
Section 54956.8:
1) Property: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 120, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert
Property Owner City of Palm Desert
Other Parties: Law Offices of Green, Bryant & French, LLP
Under Negotiation: � Price � Terms of Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Govemment Code Section 54956.9(d)(2):
Number of potential cases: 2,
With City Council concurrence, Mayor Tanner adjourned the meeting to Closed
Session at 3:00 p.m. He reconvened the meeting at 4:00 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Members
Windy Chisem, Andrew Mehta, Cassidy Quilling, Daniel Sanford, and
Taylor Schmldman
VII. INVOCATION - Mayor Van G. Tanner
With City Council concurrence, Mayor Tanner suspended the agenda at this
point and took up Section IX - Awards, Presentations, and Appointments.
Following Item D there, he resumed the agenda with Section VIII - Oral
Communications B.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
VIII. ORAL COMMUNICATIONS - 8
DR. DAVID TANG, Executive Urgent Care, 74785 Highway 111, Suite No. 100,
Palm Desert, spoke in favor of Ave Star Gym and Fitness, which appeared later on today's
agenda (Section XVII - Public Hearings, Item A). He said the recommendation on the
agenda was to deny the appeal, but he wished to speak on behalf of the developer, who
he'd known for 20 of the 25 years he'd lived in the area. He wished to attest to the
developer's being a good businessman who brings value to the properties he develops by
bringing businesses into them. He supported the Applicant/Appellant's objective to bring
a gym to the southeast side of Palm Desert.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MAY 22,
2014, AS "ABIGAIL SANFORD DAY" IN THE CITY OF PALM DESERT.
On behalf of the entire City Council, Mayor Tanner presented the
proclamation to Ms. Sanford, recognizing her high achievement of earning
the Girl Scout Gold Award on April 27, 2014, being chosen from almost
10,000 girls in Riverside and San Bernardino Counties for this honor.
Additionally, Ms. Sanford has been selected as a National Girl Scout
Delegate. Mayor Tanner and Councilmembers heartily congratulated her
and wished her the very best in her future endeavors.
B. PRESENTATION TO THE CITY COUNCIL BY THE "BRIDGES"
PALM DESERT CHARTER MIDDLE SCHOOL AFTER SCHOOL
PROGRAM.
MS. BETH BOHN, Director of the Bridges After School Program at
Palm Desert Charter Middle School (PDCMS), said she was very excited to
be before Council today as they wrap up their second successful year with
the Program. First, she thanked City Councilmembers and the City of
Palm Desert for its generous contribution to Bridges. She went on to refer
to a PowerPoint slide presentation with an overview. She said last year
students were offered study hall by grade level, followed by a variety of
enrichment programs and rapid pick-up time at the end of the program where
students can socialize with their friends. This year, she said they have grown
Bridges, extending and enhancing it to fit students' specific needs. The
same schedule is observed, but they have now hired more qualified teachers
who are able to work closer with the students, as well as one-on-one
assistance offered to students; and this has been extended Into the second
hour of the program after realizing students needed the additional time.
Ms. Bohn said they came up with the idea of a focus group, where she
studies the core classes during the school day and what teachers were
assigning for homework. For example, she related that teachers are always
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handing back tests from the previous Friday on Mondays; therefore, math is
the focus group on Monday when students can go over quiz corrections.
She highlighted third quarter successes, including that 19 of their 100
students earned High Honor roll of 4.0 GPA (straight A's), as well as 33
students with Honor Roll of 3.5 - 3.9 GPA, resulting in 52% of Bridges
students being on Honor Roll at Palm Desert Charter Middle School.
Additionally, she said that 68% of students had a 3.0 GPA or higher, which
is A's, B's, and C's. For students with a 2.0 GPA or below, they are provided
one-on-one assistance and monitored every day on current grades and their
study habits to help them achieve greater success. She said they are not
only focusing on students with a high GPA, but those who are maldng any
strides whatsoever in their GPA; 34 students overall increased their GPA,
from 1 to 12 points.
MS. BOHN went on to report that all schools are now aligning with Common
Core, as was the Bridges Program, to ensure students have thoroughly
Teamed the skills taught in their core classes. Further, they've also had a
college admissions counselor from San Bernardino speak to the 8th graders
and showed that as early as 8th grade, they can start applying for college
scholarships. Then the counselor set up their A - G courses to assist them
before they meet with their high school counselors, making sure they
understand what classes they needed to take to ensure they would have
sufficient credits within the four years of high school. She said objectives of
Common Core are Rigor, Relevance, and Relationship — with Bridges' target
for learning being Relationship — students need this in order to perform with
Rigor and Relevance. Bridges works to not only know the kids as students,
but also as individuals. She said PDCMS purchased Chromebooks for each
class, and Bridges did the same — students now have the tools and
resources that they use in their classes during the school day. Bridges is
constantly training its staff members with Common Core to make sure they're
on the same page and using critical thinking with students. Ms. Bohn noted
that she's continually doing research for the program, reaching out to several
other districts to see what they're doing, and found a relevant article about
the 12 standards California now has for After School Programs: 1) Safe and
Supportive Environment; 2) Active and Engaged Learning; 3) Skill Building;
4) Youth Voice and Leadership; 5) Healthy Choices and Behaviors;
6) Quality Staff; 7) Diversity, Access and Equity; 8) Clear Vision, Mission and
Purpose; 9) Collaborative Partnership; 10) Continuous Quality improvement;
11) Program Management 12) Sustainability. She was proud to say they're
already touching on all of these, yet constantly reflecting back to ensure
anything that can be changed to fit the needs of current participants is done.
She touched on the new funding formulas being implemented, LCFF (Local -
control Funding Formula) as well as the LCAP (Local -control Accountability
Plan), where she was not only looking at students in Bridges but also
students overall at PDCMS — seeing who was not in the program but could
benefit from it. She said she's also a teacher during the school day and
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looked at her classes and several others to identify under -performing
students and why they weren't part of Bridges. She said reasons could be
affordability for parents, and then she needed to look at the program to see
what accommodations could be made to let those students join the program.
With the funding formula, Bridges is able to offer scholarships for students
at a reduced price to make sure all students at PDCMS have the opportunity
to succeed through the program. She closed by saying it was their goal to
maximize time outside of school in the program — making sure that while
students are in Bridges, they really are getting the social, emotional, and
physical abilities to maximize their learning and be truly engaged. She
introduced several students to address the Council about their experiences
in Bridges.
MS. LUCY QUINTANILLA, 6"' Grade, PDCMS, said Bridges has taught her
to become a very responsible student, allowed her to stress less about
concepts she doesn't understand, because she will get to go over them with
her tutor after school. She looked forward to continuing in Bridges next year
as a 7"' grader.
MS. MARGI WALLACE, 7"' Grade, PDCMS, said she'd been in Bridges the
last two years, and it's helped her maintain her straight A average.
Participating gave her an extra 11/2 hours to complete homework, study for
tests, and read; and after an hour of tutoring, she enjoyed an hour of
enrichment — cooking, sports, or art. She thanked both Ms. Bohn and the
City Council for this opportunity.
MS. ANDREA SOTO, PDCMS, said she'd been in Bridges for two years, and
it was amazing by helping her understand her homework. She also enjoyed
the many choices offered through the enrichment component of the program,
study hall, computers, sports, art, and foods. She thanked the City Council
for its generous funding support of the program and looked forward to
participating again next year.
MS. BOHN then showed a video of students participating in the program,
along with both student and parent Interviews about the many benefits and
rewards experienced.
C. PRESENTATION TO THE CITY COUNCIL BY THE ABRAHAM UNCOLN
ELEMENTARY SCHOOL "ASES" Y.M.C.A. AFTER SCHOOL PROGRAM.
MS. MEUSSA MOLL, representing the Y.M.C.A. "ASES" (After School
Education and Safety) Uncoln Elementary After School Program, said she
had been with the Y.M.C.A. for some time and was a former Uncoln
Elementary student herself so was very happy to be running the After School
Program there now. She introduced some of the program participants to tell
what they liked most about participating in ASES.
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MR. RYLAN NORDSTROM said he liked the program because the teachers
are nice to him, the YMCA provides snacks, and he also gets to play
baseball and tennis. He salt they also have a Y Book Store, with credits
being eamed there through doing homework, helping, and being good in
order to purchase books, candy, and toys. He liked the homework help and
participating in the fun projects and experiments, and thanked the City
Council for its support and helping fund the program.
MS. ELLA GARLAND liked the YMCA After School Program because it was
a good way for her to finish her homework and still have time to read and
hang out with her friends. She said it was nice to have snacks there,
because some kids get picked up late and have to wait to eat. She liked
doing crafts in the program; it allowed her to be creative and have fun. She
liked having recess with her friends there and also being able to hang out
with her teacher. She felt very lucky to be able to participate and be safe,
because she knew she was close to people who would protect her from any
harm. She thanked City Council for funding the program for kids to have a
safe place to play and do homework.
MS. JUDY GRANIER, Project Teacher and Reading Coach at Abraham
Lincoln Elementary School, thanked City Council for supporting the program,
which provides these Palm Desert students opportunity to receive not only
essential academic intervention, but environmental, social, and enrichment
classes (e.g. ballroom dancing, robotics, golf, gardening, art, music, etc.).
She noted that many Counclimembers have visited the school and witnessed
the program's success. Further, she said the City's funding frees up other
school funds that can be used for intervention for even more Uncoln
students, about 200 more in addition to the 100 participating in the Y.M.C.A.
program. As a classroom teacher, when she knows she has a student in the
Y.M.C.A. program, she knows their homework will be done and that they'll
be ready for school the next day, and again thanked the City from the bottom
of her heart for everything it does for their school.
Mayor Tanner thanked both the Bridges and ASES program participants for
making these presentations today and wished them all the best.
D. REQUEST FOR ACCEPTANCE OF LETTERS OF RESIGNATION FROM
PALM DESERT YOUTH COMMITTEE MEMBERS AND APPOINTMENT OF
INDIVIDUALS TO THE RESULTING VACANCIES FOR THE REMAINDER
OF THEIR ONE-YEAR TERMS, DECEMBER 31, 2014; AND
PRESENTATION TO CITY COUNCIL BY THE DEPARTING COMMITTEE
MEMBERS.
Mayor Tanner called attention to the Members who were present in the
audience today and congratulated them for their membership and good work
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on the Youth Committee, wishing them the very best as they go off to college
and the rest of their lives.
Administrative Secretary and staff liaison to the Youth Committee
Amy Lawrence also recognized Youth Committee Alternate Member
Josie Ygnatowiz, a high school senior also leaving the Committee, and
although she was an alternate, said she'd put in a lot of work on the
Committee this year. Ms. Lawrence went on to highlightsome of the projects
and activities undertaken by the Youth Committee this past school year,
including being part of the Palm Desert Sister Cities Foundation Board, the
City's Sustainability and Legislative Review Committees, and also the
Strategic Plan Steering Committee. She said their contributions were greatly
appreciated and they are wished all the best as they begin the new chapter
in their lives. Additionally, she said Council was being asked to appoint five
new members to the Committee, all of them had previously served as
Alternates there, and the City looks forward to working with them next year.
In closing, she was pleased to report that at last Saturday's Car Wash Fund-
raiser the Palm Desert Youth Committee and Riverside County Youth
Advisory Council was able to raise $1 ,000.21 for the Ji Grant Memorial
Scholarship Fund at Palm Desert High School.
MR. ANDREW MEHTA, Chair of the Youth Committee, indicated he would
like to be here forever, but it was time for him to go off to college and
officially resign from the Committee. He loved the program and the
Committee, with the favorite part being able to interact with City Council,
recalling being before them a couple years ago with Daniel Sanford to make
a presentation about plastic bags; now it was enacted taw in the City. He felt
the program should definitely continue.
MS. TAYLOR SCHMIDMAN, Co-chair of the Youth Committee, said she
would be attending UC Davis in the fall. She had enjoyed her time working
on the Youth Committee for the past four years and all the amazing
opportunities it had brought her. Being Co-chair of the Committee this year
had strengthened her leadership skills; her favorite event was Game Night,
and she had also enjoyed serving on the Sister Cities Foundation Board with
her fellow Committee Member Cassidy Quilling. Lastly, she thanked City
Councilmembers and staff for everything they'd done for Committee
Members.
MS. CASSIDY QUILLING thanked City Council for supporting the
Palm Desert Youth Committee, providing her with endless opportunities to
get involved in the City, and she was beyond thankful for all the wonderful
memories she's made while serving. She added she was also lucky to be
able to be involved in a variety of subcommittees, including the Sustainability
Committee and Legislative Subcommittee. As she ventures off to Cal Poly
San Luis Obispo in the fall, she was eager to contribute to her community,
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will always remember the Youth Committee, and hopes to come back and
visit In the future. She expressed gratitude for the opportunity to grow and
be a grateful, humble individual.
MR. DANIEL SANFORD said he would reiterate everything his colleagues
just said, and thanked City Council for the Youth Committee. He had
enjoyed interacting with the community and the Council, and it had been a
lot of fun.
Mayor Tanner added that Daniel is the 2014 Palm Desert High School
Fighting Aztecs' Salutatorian.
MS. JOSIE YGNATOWIZ stated she served as an Alternate Member,
attending the meetings, and it was such a good opportunity to leam
leadership skills and Parliamentary Procedure, and she thanked City Council
for it. She said it was also a great opportunity for her serving on the Steering
Committee for the Strategic Plan, enlightening her on how city planning
works, realizing that City Council does a lot, and she again expressed
thanks.
Councilmember Hamik said she attends the Youth Committee Meetings and
related that these were really amazing young men and women who
participate, adding that they're also the same ones seen at the Student of the
Month Breakfasts. She said they all excel and their contributions to the
community are exemplary — thanking them for all they've done.
Councilman Spiegel moved to, by Minute Motion: 1) Accept letters of resignation
from the following Palm Desert Youth Committee Members: Windy Chisem,
Andrew Mehta, Cassidy Quilling, Daniel Sanford, and Taylor Schmidman; 2) appoint the
following individuals to the Palm Desert Youth Committee to fill the vacancies in the
December 31, 2014, terms created by the aforementioned resignations: Christie Chaplin,
Patricia Dan, Cory Hutchinson, Haley Schmidman, and Rachel Seiberg. Motion was
seconded by Weber and carried by 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and
Tanner NOES: None).
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of May 8, 2014.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE (ITY TREASURY - Warrant
Nos. 218, 219, 223, and 224.
Rec: Approve as presented.
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C. YOUTH COMMITTEE MEETING. Minutes for April 7, 2014.
Rec: Receive and file.
D. REQUEST FOR APPROVAL of Exemptions from Palm Desert Municipal
Code Sections 9.58.010 and 9.58.020 in Connection with Receptions for Art
Exhibitions to be Held in the Palm Desert Community Gallery Between
June 2014 and February 2015.
Rec: By Minute Motion, approve exemptions from Municipal Code
Sections 9.58.010 and 9.58.020 in connection with the opening
receptions for art exhibitions to be held in the Palm Desert Community
Gallery between June 2014 and February 2015, with tentative dates
for said receptions being June 23, 2014 (Elizabeth Chandler and
Maggie Headrick); September 8, 2014 (Bonnie Arizona, Kim Snyder,
and Unda Ann Wolf); November 17, 2014 (Tim Robson and
Burton Swope); and February 2, 2015 (Moira Johannessen,
Linda Kottke, and John Ressler).
E. REQUEST FOR APPROVAL of Lease Agreement with Signature Resources
for Office Space at the Portola Community Center (Contract No. C33590).
Rec: By Minute Motion, authorize the Mayor to enter into a one-year
Lease Agreement with Signature Resources for Office Space No. 5
at the Portola Community Center.
F. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32910 —
Country Club Drive Median Landscape Rehabilitation Project - Cook Street
to Portola Avenue (Project No. 979-14) (Golden Vista Construction, Inc.,
d.b.a. Golden Valley Construction, Palm Springs, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
Upon a motion by Spiegel, second by Weber, and 5-0 vote of the City Council
(AYES: Benson, Hamik, Spiegel, Weber, and Tanner NOES: None), the Consent
Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
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XII. RESOLUTIONS
A. RESOLUTION NO. 2Q14 - 41 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CAUFORNIA, AMENDING AM
ADOPTING LOCALGUIDEUNES FOR IMPLEMENTING THE CAUFORNIA
ENVIRONMENTAL QUAUTY ACT (CEQA) (PUB. RESOURCES
CODE §§ 21000 ET. SEQ.).
Principal Planner Tony Bagato noted this was the annual update to the
CEQA Guidelines as required by law, stating there were no substantive
changes and staff will continue with the new requirements.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2Q14 - 41. Motion was seconded by Benson and carried by a 5-0 vote (AYES:
Benson, Hamik, Spiegel, Weber, and Tanner NOES: None).
B. RESOLUTION NO. 2014 - 42 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CAUFORNIA, APPROVING THE FINAL
SUBDIVISION MAP OF TRACT NO. 36554-2 AND THE RELATED
IMPROVEMENT AGREEMENTS (GHA Communities/Pearwood Ventures,
LLC, Applicant).
Mr. Greenwood stated this was a routine tract along Shepherd Lane located
on the southwest comer of Portola Avenue and Julie Lane. He explained
this was similar to other tract maps approved in that area with the exception
that this was only for half the tract. Most tracts are for sixteen homes
surrounding a cul-de-sac, but in this case, staff is asking approval of eight
homes for the south half of the street. Staff is unable to proceed with the
north half of the street because of the utility poles that need to be relocated,
which has to be coordinated with Southern California Edison. Additionally,
the property is also affected by the dissolution of Redevelopment and the
need to realign Julie Lane. Therefore, staff will move ahead with the portion
it can move forward, which are the eight houses on the south side of the
street.
Councilmember Hamik moved to waive further reading and adopt Resolution
No. 2014 - 42. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Benson,
Hamik, Spiegel, Weber, and Tanner NOES: None).
Responding to question as to when the houses on the north side of the street
will be constructed, Mr. Greenwood said the City still needed approval from
the Department of Finance for dedicating former Redevelopment Agency
land for the realignment of Julie Lane, and it also needed Southern California
Edison to do the design and construction for the relocation of transmission
poles, which can be an extended process of another six months.
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C. RESOLUTION NO. 2014 - 43 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OP PALM DESERT, CAUFORNtA, ADOPTING THE crTYOF
PALM DESERTS LOCAL HAZARD MITIGATION PLAN ANNEX FROM THE
RIVERSIDE COUNTY OPERATIONAL AREA MULTI -JURISDICTIONAL
LOCAL HAZARD MITIGATION PLAN, AS REQUIRED BY THE FEDERAL
DISASTER MITIGATION AND COST REDUCTION ACT OF 2000.
Mr. Aryan stated Council reviewed and approved this Plan in 2012, and it
was forwarded to the State where FEMA (Federal Emergency Management
Agency) provided conditional approval. However, the City has to formally
adopt it before the State can give final approval.
Councilmember Hamik moved to waive further reading and adopt Resolution
No. 2014 - 43. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson,
Hamik, Spiegel, Weber, and Tanner NOES: None).
XIII. ORDINANCES
A. For Introduction:
1. ORDINANCE NO. 1268A - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CAUFORNIA, RESCINDING
ORDINANCE NOS. 1130 AND 1187, AND AMENDING
SECTION 10.36.010 OF TITLE 10 OF THE CODE OF THE CITY OF
PALM DESERT, CAUFORNIA, RELATIVE TO SPEED ZONES.
Mr. Greenwood pointed out that speed zones were the most
controversial topic in public works, because people have emotional
reactions to them, which is why the State of California has set very
clear guidelines on how to set limits and why. It was important to
support the Engineering and Traffic Survey, which Is being presented
to the Council this evening, because it allows the City to enforce those
speed limits with electronic means. He said Radar and LIDAR are the
City's most common enforcement tools, so if it wished to continue to
use them, it was important to adopt these regulations.
Councilman Spiegel said there were a couple of people at the Public
Safety Committee Meeting that were opposed, particularly to the
speed limit on California Drive at Palm Desert Country Club, which is
a relatively narrow street. He asked if that speed limit can be
changed.
Mr. Greenwood answered yes, if the City wants to enforce speed
limits with Radar or LIDAR.
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Mayor Pro Tem Weber stated she participated in that discussion, and
even though she agreed with those two other individuals that were
opposed to making the change on California Drive-, It was-explalned-
that in order to enforce the speed limit, the City had to comply with
State regulations. Otherwise, the City would lose their case every
time someone took it to court.
Mr. Greenwood concurred.
Mayor Pro Tem Weber moved to waive further reading and pass Ordinance
No. ,12689 to second reading.
Mayor Tanner stated he has been asked to have the City post
signage stating "Children are Playing' at Shepherd Lane where it's
100°/0 residential all the way through to Julie Lane. He said the
neighborhood was growing and the families are young. He expressed
his concern with placing 40 mph speed limits in a pure residential
area; therefore, he would not be able to vote in favor.
Mayor Pro Tem Weber reiterated it was explained that there is a way
of measuring the average traffic that is going in those locations, and
because of State law, the City had to comply with that particular
mileage. However, the speed limit can be revisited.
Mr. Greenwood agreed, stating Shepherd Lane suffered from a
perfect storm from a speed zone perspective. He said the street is
too wide and none of the houses front the street. While he wouldn't
dispute it was a residential area, it did not qualify as a residential
district per the Vehicle Code. Therefore, the speed limit today,
without any posting, is 55 mph, so the City is actually reducing the
speed limit on that street by 15 mph.
Councilmember Hamik seconded the motion.
Councilmember Hamik agreed nothing was posted on Shepherd
Lane, and also agreed traffic and speed limits are frequently
discussed, stating Director of Public Works could testify she's been
in his office on this very matter. However, once one Teams about the
studies and everything that went into determining speed limits for a
particular area, whether they are being raised or lowered, it made
sense; it was all about safety.
Mayor Pro Tem Weber stated she had inquired about streets where
accidents occur, and they apparently aren't affected.
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Counciimember Hamik noted the report from AAA supported exactly
what was being said.
Councilman Spiegel asked Lt. Sullivan if he agreed with the report.
Lt. Sullivan responded he was in support, because officers are able
to write tickets it can enforce.
Mayor Tanner called for the vote, and the motion carried by a 4-1 vote (AYES:
Benson, Hamik, Spiegel, and Weber NOES: Tanner).
2. ORDINANCE NO. 1272 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CAUFORNIA, APPROVING A
COMPREHENSIVE UPDATE TO PALM DESERT MUNICIPAL CODE
SECTION 24.16 - OUTDOOR UGHTING REQUIREMENTS - TO
ALLOW FOR NEW ENERGY -EFFICIENT UGHT SOURCES (City of
Palm Desert, Applicant).
Mr. Bagato said this item was a complete update of the City's Outdoor
Lighting Ordinance, which staff has been working on with the Citizen's
Sustainability Committee for about a year. It was redrafted and
reorganized making it user friendly with images, but the key
component is that staff added the ability for new and existing
businesses to retrofit lighting with energy -efficient lights such as LED
or Plasma. Additionally, staff wanted to ensure there was a
brightness level limited to those lights, because it didn't want to hurt
the night sky approach. He said staff recommended approval.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 1272
to second reading. Motion was seconded by Weber.
Mayor Tanner noted he served on the Sustainability Committee and
this topic was covered substantially, and he agreed with what the City
was doing.
Mayor Tanner called for the vote, and the motion carried by a 5-0 vote (AYES:
Benson, Hamik, Spiegel, Weber, and Tanner NOES: None).
B. for Adoption:
None
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XIV. NEW BUSINESS
MAY 22, 2014
A. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT
AND THE CITY OF PALM DESERT FOR THE FUNDING AND
PLACEMENT OF ONE SCHOOL RESOURCE OFFICER POSITION (SRO)
AT PALM DESERT HIGH SCHOOL (CONTRACT NO. C33600).
Mr. Aryan explained that this cost -sharing agreement has been informally in
place since 2010, and approval of the MOU will formalize it in writing. Staff,
Public Safety Commission, and the 2 by 2 Committee recommended
approval. Additionally, the Desert Sands Unified School Board recently
approved this MOU as well.
Councilman Spiegel moved to by Minute Motion, approve the subject MOU between
Desert Sands Unified School District and the City for the funding and placement of one (1)
School Resource Officer Position at Palm Desert High School. Motion was seconded by
Weber and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner
NOES: None).
B. CONSIDERATION OF REQUEST BY BURRTEC WASTE AND RECYCUNG
SERVICES FOR APPROVAL OF THE ANNUAL PRODUCER PRICE INDEX
(PPI) AND COUNTY OF RIVERSIDE GATE/DISPOSAL FEE INCREASES,
AND APPROVAL OF THE NEW RESIDENTIAL AND COMMERCIAL
RATES.
Ms. Riddle stated this was the annual rate increase that Burrtec requests
each year, and it includes the Producer Price Index (PPI) and fees the
County has improved, which is included in the gate fee. The request is for
a $0.42 per ton rate increase, which increases the Edom Hill gate fee from
$41.28 to $41.70 per ton. A resident that has a 96-gallon container will have
a $0.13 increase, and a business with a 3-yard bin serviced three times has
an increase of $2.78.
Councilman Spiegel asked about the remaining funds in the Recylced Fund.
Ms. Riddle explained the City didn't receive any new funds, and at this time
the balance was zero.
Councilman Spiegel moved to: 1) By Minute Motion: a) Approve the proposed
1.29% PPI rate increase and 1.02% gate/disposal fee increase from $41.28 to $41.70 per
ton; b) apply the rate increase to residential and commercial billing accounts; 2) Waive
further reading and adopt Resolution No. 2Q14 - 44, approving the new Adjusted Rate
Schedule of Fees (Exhibit 3 for Residential, Commercial, and Roll -off) for the Collection,
Recycling, and Disposal of Municipal Solid Waste and ResidentiaVCommercial Recycling
contained in Contract No. C27410 - Solid Waste Management Services. Motion was
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
seconded by Weber and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber,
and Tanner NOES: None).
Councilmember Hamik commented this was just the cost of doing business,
similar to the price of gas going up, but Burrtec did a great Job.
C. REQUEST FOR APPROVAL, OF THE INITIATION OF PROCEEDINGS TO
LEVY THE ANNUAL ASSESSMENT FOR FISCAL YEAR 2014-2015 FOR
THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 01.
Senior Management Analyst Ryan Stendell stated this was the annual intent
meeting for the Section 29 Benefit Assessment District No. 01. If approved
this evening, the item will retum for a public hearing on June 26, which will
allow the City to levy the funds for Flscal Year 2015/2016.
Councilmember Hamik moved to waive further reading and adopt Resolution
No. 2014 - 45, declaring intent to levy the annual assessment for Fiscal Year 2014-2015
for the City of Palm Desert Benefit Assessment District No. 01, pursuant to the Benefit
Assessment Act of 1982, and appointing a time and place for the public hearing on these
matters. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson,
Hamik, Spiegel, Weber, and Tanner NOES: None).
D. REQUEST FOR APPROVAL OF THE INITIATION OF PROCEEDINGS TO
LEVY AND COLLECT ANNUAL ASSESSMENTS FOR THE PALM DESERT
CONSOUDATED LANDSCAPING AND UGHTING DISTRICT FOR FISCAL
YEAR 2014-2015; AND GRANTING PREUMINARY APPROVAL OF THE
ENGINEER'S REPORT FOR SAME.
Senior Management Analyst Ryan Stendell stated this was the annual intent
meeting for the City's stock of Landscape and Lighting Districts, primarily
residential properties. If approved this evening, the item will return for a
public hearing on June 26, which will allow the City to collect the funds for
Flscal Year 2015/2016.
Councilman Spiegel moved to waive further reading and adopt 1) Resolution
No. 2014 - 46, initiating proceedings for the levy and collection of annual assessments for
the Palm Desert Consolidated Landscaping and Lighting District for FY 2014-2015;
2) Resolution No. 2014 - 47, declaring intent to levy and collect annual assessments for
the Palm Desert Consolidated Landscaping and Lighting District, and granting preliminary
approval of the Engineers Report for FY 2014-2015.
Councilmember Hamik stated with the issue of cost and water usage, the
amount of money spent on Haystack's greenbelt was significant, perhaps
staff would consider drought tolerant landscaping.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
Mr. Stendell asked Council to direct staff to study that possibility for next
fiscal year as part of the motion.
Councilman Spiegel amended his motion to include additional direction for staff to
study the Haystack Greenbelt area during FY 2014-2015 for possible landscaping
modification. Motion was seconded by Benson and carried by a 5-0 vote (AYES: Benson,
Hamik, Spiegel, Weber, and Tanner NOES: None).
E. REQUEST FOR APPROVAL OF A MONTEREY AVENUE AND
INTERSTATE 10 INTERCHANGE PROJECT BOND PROCEEDS FUNDING
AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF
PALM DESERT, AND TAKING CERTAIN RELATED ACTIONS (CONTRACT
NO. C22310K) (JOINT CONSIDERATION WITH THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY).
Senior Management Analyst Ryan Stendell stated this was one of four items
on the agenda that have been on the Capital Improvement List for a while
with some form of question on whether or not the City/Agency would be able
to utilize remaining bond funds. In going through the list, this item is one of
the top four projects that will be brought to the Council for approval of a Bond
Proceeds Funding Agreement. The Agreement allows the City to draw
monies from the former Redevelopment Agency and place in a holding
account to be used for these projects. Responding to question about
Sacramento's approval, he said the projects have been approved on the
Recognized Obligation Payment Schedule (ROPS), and if approved this
evening, they will go to the Oversight Board in June, and lastly to the
Department of Finance (DOF) for final approval.
Councilman/Director Spiegel moved to: 1) Waive further reading and adopt
Resolution Nos. 2014 - 48 and SA -RDA 030, approving the execution of a Monterey and
1-10 interchange Project Bond Proceeds Funding Agreement between the Successor
Agency and the City, and taking certain related actions; 2) By Minute Motion, approve of
and authorize the Mayor/Chair to execute the Bond Proceeds Funding Agreement. Motion
was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel,
Weber, and Tanner NOES: None).
F. REQUEST FOR APPROVAL OF A PORTOLA AVENUE WIDENING
PROJECT BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY AND THE CITY OF PALM DESERT, AND TAKING CERTAIN
RELATED ACTIONS (CONTRACT NO. C27690A) (JOINT
CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY).
Please refer to New Business Item E for related information.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
Responding to question, Mr. Greenwood said staff was hopeful that
demolition of existing homes will begin this summer, depended upon the
Department of Finance's approval, and the widening of the road Is
anticipated for Summer 2015.
Councilman/Director Spiegel moved to: 1) Waive further reading and adopt
Resolution Nos. 2014 - 49 and SA -RDA 031, approving the execution of a Portoia Avenue
Widening Project Bond Proceeds Funding Agreement between the Successor Agency and
the City, and taking certain related actions; 2) By Minute Motion, approve of and authorize
the Mayor/Chair to execute the Bond Proceeds Funding Agreement. Motion was seconded
by Weber and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner
NOES: None).
G. REQUEST FOR AUTHORIZATION TO PROCEED WITH INITIAL PHASE
OF THE CORE COMMERCIAL PARKING IMPROVEMENTS PROJECT,
INCLUDING ADOPTION OF RESOLUTIONS TO APPROVE A PROJECT
BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY AND THE CITY OF PALM DESERT, AND TAKING CERTAIN
RELATED ACTIONS (CONTRACT NO. C33610) (JOINT CONSIDERATION
WITH THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY).
Please refer to New Business Item E for related information.
Councilmember/Director Hamik asked about the size of the lot.
Mr. Greenwood responded it was approximately 100 parking spaces.
Councilman/Director Spiegel asked if the cost was $5 million.
Mr. Stendell explained this project is the Initial phase of the Core Commercial
Parking Improvements as indicated in the Recognized Obligation Payment
Schedule (ROPS), stating funds could be used in other areas if not
completely utilized here.
Councilman/Director Spiegel moved to: 1) Waive further reading and adopt
Resolution Nos. 2014 - 50 and SA -RDA 032, approving the execution of a Core
Commercial Parking Improvements Bond Proceeds Funding Agreement between the
Successor Agency and the City, and taking certain related actions; 2) By Minute Motion,
approve of and authorize the Mayor/Chair to execute the Bond Proceeds Funding
Agreement upon satisfaction of the 30-day waiting period requirement for the Replacement
Housing Plan. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson,
Hamik, Spiegel, Weber, and Tanner NOES: None).
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
H. REQUEST FOR APPROVAL OF A PRESIDENTS PLAZA PARKING LOT
IMPROVEMENTS PROJECT BOND PROCEEDS FUNDING AGREEMENT
BETWEEN THE SUCCESSOR AGENCY- TO THE PALM- DESERT
REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT, AND
TAKING CERTAIN RELATED ACTIONS (CONTRACT NO. C33620) (JOINT
CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY).
Please refer to New Business Item E for related information.
Mr. Stendell noted that if this item is approved, staff plans to meet with
property owners again in June or July to provide an update and explain the
potential layouts and Issues that will be dealt with. He said this will be a long
project and everyone needed to be on board with that aspect. Responding
to question, he said there is an active group of owners, and he has met with
approximately 15 of them to inform them of the complexities of the project.
Councilmember/Director Hamik pointed out this item was as a result of the
failed vote on the Business improvement District (BID). Therefore, she felt
the owners need to be informed on the importance of the BID and how they
all benefit.
Counciimember/Director Hamik moved to: 1) Waive further reading and adopt
Resolution Nos. 2014 - 51 and SA -RDA 033. approving the execution of a Presidents
Plaza Parking Lot Improvements Project Bond Proceeds Funding Agreement between the
Successor Agency and the City, and taking certain related actions; 2) By Minute Motion,
approve of and authorize the Mayor/Chair- to execute the Bond Proceeds Funding
Agreement. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson,
Hamik, Spiegel, Weber, and Tanner NOES: None).
I. REQUEST FOR APPROVAL, OF DOWN PAYMENT ASSISTANCE LOANS
FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS
PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE
HOUSING COST ASSOCIATED WITHA DIRECT SALE IN DESERT ROSE,
75475 ORANGE BLOSSOM LANE (JOINT CONSIDERATION WITH THE
PALM DESERT HOUSING AUTHORITY).
Management Analyst Jessica Gonzales stated this item is for approval of a
down payment assistance loan to a qualified income buyer in a direct sale
of the property located in the Desert Rose Community in order to ensure an
affordable housing cost.
Councilmember/Member Hamik moved to, by Minute Motion: 1) Approve a silent
down payment assistance loan associated with a direct sale in Desert Rose for 75475
Orange Blossom Lane, not to exceed 40% of the sales price of the home, to ensure an
affordable housing cost pursuant to California Health and Safety Code Section 50052.5
for a qualified low- or moderate -income household from any available funding source
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
restricted for such purpose (Low and Moderate income Housing Asset Fund, BEGIN Fund,
and Housing Mitigation); 2) authorize use of the Desert Rose Sales Program and
documents, including the restrictive covenant and Loan documents for the applicable
funding source, and authorize the Mayor to execute; 3) authorize the Director of Finance
to draw monies from the relative funds to facilitate the transaction; 4) authorize the
Authority Chairman and/or the Authority's Executive Director, or his designee, to finalize
and execute any ancillary documents necessary to effectuate the actions taken herewith
— monies are available in the appropriate account in the Low and Moderate income
Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund. Motion was seconded
by Weber and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner
NOES: None).
J. REQUEST FOR APPROVAL, OF A LAW ENFORCEMENT SERVICES
AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE
COUNTY OF RIVERSIDE FOR A FIVE-YEAR TERM, 2014 - 2019
(CONTRACT NO. C33630).
Mr. Aryan stated the current agreement is set to expire on June 30, 2014,
and the new agreement is for a five-year term. As noted in the staff report,
the Public Safety Commission recommended approval of the Agreement
subject to clarification of Section 1.3, which deals with termination of the
agreement. The commission wants to ensure that either party had the ability
to terminate the agreement at any time with twelve (12) months notice. Upon
further review and discussion with the County and City Attorney, staff
believes this section does allow for such action. He asked the County to
provide a separate letter stating this fact, and he is waiting for that response.
The County stated they cannot make any changes to the contract without
affecting the other fifteen contract cities, because they treat everyone
equitably. Therefore, staff recommended approval of the contract as
presented, permitting staff to work with the County in obtaining their written
interpretation of Section 1.3.
Mayor Pro Tem Weber appreciated staff checking on this, because the
Public Safety Commission discussed this at great length and they were very
concerned about it. She said the Commission approved the proposed
Agreement with the caveat mentioned by staff.
Mayor Pro TemNice Chairman Weber moved to, by Minute Motion, approve an
Agreement between the City of Palm Desert and the County of Riverside, on behalf of its
Sheriffs Department, to provide Law Enforcement Services for a five-year term,
commencing July 1, 2014, through June 30, 2019, with staff directed to continue to work
with the County to obtain its written interpretation of Section 1.3. Motion was seconded by
Spiegel and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner
NOES: None).
XV. CONTINUED BUSINESS
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
A. REQUEST FOR AUTHORIZATION TO RELEASE SECURITY FOR
PARCEL MAP NO. 36137 (Poul Moller, Mollers Garden Center, Applicant)
(Continued from the meeting of February 27; 20t4).
Mr. Greenwood stated that as part of the tract map for the Mollers Garden
Center area and the adjacent properties, they were required to do outside
improvements, mostly improving the sidewalks and driveways at several
buildings along Painter's Path. The first attempt didn't come out very well
and some of the tenants in those building complained about the rough ride
in those driveways. When this was brought to Mollers attention, they
cooperated fully and got a contractor out right away. They made a
compromised design and installation that was acceptable, and staff
recommended approval.
Councilman Spiegel moved to, by Minute Motion, authorize release of the security
for improvements for Parcel Map No. 36137. Motion was seconded by Hamik and carried
by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner, NOES: None).
XVI. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT TO CONSERVE LANDCARE,
INC., IN THE AMOUNT OF $162,600 FOR THE LANDSCAPING OF
MONTEREY AVENUE MEDIANS FROM COUNTRY CLUB DRIVE TO
DICK KELLY DRIVE (CONTRACT NO. C33360, PROJECT NO. 965-11).
Mr. Greenwood said the City was coming to the home stretch on a project
that has taken far too long, stating this has been on the Capital Improvement
Program for about five years; it was ready to be awarded a contract. The
project consisted of minimal landscaping along Monterey Avenue, north of
Country Club Drive. Staff added to the contract a smal segment north of
Lowe's to clean up existing landscaping that has been wind damaged. He
said the contract amount came in low enough that staff was able to add
additional work and still stay within budget.
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract for
Landscaping of Monterey Avenue Medians from Country Club Drive to Dick Kelly Drive to
Conserve Landcare, Inc., Thousand Palms, Califomia, in the amount of $162,600; 2)
authorize Director of Finance to set aside a 10% contingency in the amount of $16,260;
3) authorize Director of Finance to deposit all reimbursements related to this contract to
Landscape Capital Reserve Fund, Account No. 400-4614-433-4001; 4) authorize the
Mayor to execute said contract — funds are available in Account No. 400-4614-433-4001 -
Landscape Capital Project Reserve Funds. Motion was seconded by Weber.
Mayor Tanner pointed out this was a joint program between the City of
Rancho Mirage and the City of Palm Desert, with Coachella Valley Water
District (CVWD) contributing 100% of Alternate No. 2 Scope of Work.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
Mayor Tanner called for the vote and the motion carried by a 5-0 vote (AYES:
Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None).
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL FOR CITY COUNCIL REVIEW OF A
PLANNING COMMISSION ACTION, DENYING A CONDITIONAL USE
PERMIT (CUP) TO OPERATE A FITNESS AND GYM FACILITY WITHIN AN
EXISTING OFFICE PROFESSIONAL BUILDING LOCATED AT
44651 VILLAGE COURT, Case No. CUP 12-385 (Five Star Fitness and
Gym, LLC/Shah Family Trust, Applicant/Appellant).
Councilmember Hamik noted she would recuse herself from this item and
left the Council Chamber.
Assistant Planner Kevin Swartz stated the 3.2 acre site is located at the
northwest end of Village Court approximately 1,300 feet north of Highway
111. He said Village Court is Office Professional, except Ruth Steak House.
The 42,208 square -foot medical building was approved in 2005. The request
to operate a fitness and gym facility within the existing office professional
building was before the Planning Commission at six different public hearing
meetings. On February 19, 2013, staff originally brought a resolution of
denial to the Planning Commission since the proposed fitness and gym
facility is not a permitted or conditional use in the Office Professional Zone.
Staff also had concerns with: the proposed fitness and gym facility sharing
a building with other office use tenants; the proposed hours of operation of
5:00 a.m. to 10:00 p.m.; being adjacent to a residential neighborhood; and
insufficient parking. At the public hearing, the Planning Commission granted
a continuance allowing the Applicant time to respond to staffs concems.
The Conditional Use Permit (CUP) was then continued several more times.
During these continuances, the Applicant met with staff, and the Applicant
ultimately provided new information in October 2013. The Applicant decided
to reduce the hours of operation, modify the class scheduled, eliminate
music, and put a limit on total membership. At the November 5, 2013,
Planning Commission meeting, staff recommended approval of the gym
based on the reduced hours of operation, modifying the schedule for classes
with loud music (spin and zumba), no more than 3,000 total members,
elimination of the bar serving alcohol, monthly membership dues of $129,
and staffs determination that parking would not be an issue after conducting
parking studies on the site, World's Gym, and Gold's Gym. However, the
Planning Commission had concems based on public testimony in opposition
with land -use compatibility, parking, and having gym users sharing the facility
with the same entrance with existing businesses. The Commission stated
that a fitness and gym facility is not a use that supports the existing office
uses in the surrounding area. The type of business conducted is similar to
a commercial gym with a high intensity use, which would be disruptive to the
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
surrounding professional offices. The Planning Commission also determined
that the proposed fitness and gym would create additional traffic along
Village Court for adjacent businesses. The Commission continued the CUP,
directing staff to prepare a resolution of denial, which was approved at the
December 3, 2013, meeting. Recently, the Applicant has modified the site
plan by adding another entrance just for the gym on the south end of the
building through the courtyard. He displayed a layout of the site plan,
pointing out the gym area, which is 23,000 square feet, a financial office that
occupies 16,000 square feet, the main entrance, dentist office occupying
28,000 square feet, an on-line office for art sales utilizing 6,200 square feet,
and 4,200 square feet for a future financial business. The new proposal with
the new entrance would help alleviate one of the concerns by the two
professional businesses if the Applicant were to make it the only entrance to
the gym. However, this would cause added noise to the adjacent residential
neighborhood to the north and west with the closing of car doors, music, and
evening and early traffic. Ultimately, the proposed entrance did not solve the
Planning Commission's reason for denying the CUP, which are outlined in
the Resolution. Staff recommended the Council uphold the Planning
Commission's action denying CUP 12-385.
Mayor Tanner declared the public hearing wen and invited public testimony
FAVORING or OPPOSING this matter.
MR. NARENDRA PATEL, Rancho Mirage, CA, stated he was the architect
for the tenant improvements of the facility. He said prior to the last Planning
Commission meeting where concerns and issues were raised, the Applicant
had worked very hard with Planning staff for 11/2 years. He said the Applicant
addressed the parking, noise controls, entrances, hours of operation, etc.,
but the main ones raised are the ones he would address this evening. The
first concern was the use of the main entry with people going in and out,
disturbing adjacent owners, so the plans were changed to add another
entrance specifically for the gym. Secondly, there was concern regarding
noise, so they proposed providing sound insulation along the wall where no
nosie would be heard, which can technologically be proven. The third
concern was parking and disturbance to the neighbors, however, regardless
of whether the facility was a gym or office space, he didn't believe all the
parking spaces would be used. He said an intense study was done on the
traffic and parking count, because the Planning Commission raised that as
a concern, but he felt it was totally resolved. Therefore, he didn't think
parking was a real issue for not approving the CUP. Also, the project was
labeled high intensity use of facility, however, this particular gym is designed
to be highly sophisticated with low membership count, unlike other gyms. He
displayed interior views of the fitness gym showing the level and quality of
the space. He said this gym wouldn't have high volume of people going in
and out, and it wouldn't be more impact than any other ordinary office use.
The spinning classes with music playing will be located at the comer of the
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
building away from everything else, and is also self enclosed. He said the
music wouldn't be heard outside the enclosed area within the tacitly;
therefore, he felt the noise was a -non -Issue. Finally, the bar wilt sell juices,
not alcoholic beverages. He said they have been working on this project for
11 years, and the reason the application was accepted is because it was a
doable or permitted use. The only concems were the noise, parking, and
entry use, which he felt were addressed with this new plan. He noted there
are other people in support of this project.
Councilman Spiegel said he spoke to Mr. Shah who had indicated he was
estimating 3,000 members.
MR. PATEL agreed, however, not all 3,000 members go to a gym at the
same time or same day.
The following individual spoke in OPPOSITION to the fitness and gym facility.
MR. TOM KLEINE, President of Advance Retirement Strategies, stated in
2011 they purchased two unfinished office suites and spent six months
remodeling and building the offices to their spec's. The building was
presented as a medical and professional office space just like all the
surrounding buildings. If they had known a gym would be going in or in the
future one could be built, they wouldn't have bought at that location. He said
it was nothing personal against anyone, it was just that their business is
based on a professional image, and in his opinion, a gym was not a good
image for that space.
The following individuals spoke in FAVOR to the fitness and gym facility.
MS. AUCIA GERARDO, El Paseo, Palm Desert, expressed support for this
type of facility, stating she was a member at Gold's Gym, but guilty of paying
and not going. She said Gold's Gym was chaotic and not a comfortable
environment. She said she was a banker and local professional representing
others looking for a place to workout in this type of gym, and she wasn't
interested In showing up at the mall in a suit to get ready to workout.
MR. RICHARD HOUGHTON, Family Law Attomey at Village Court, Pairs
Desert, stated he had an interest in this project, because he liked the idea
of having a gym right across the street from his office. He also believes Ws
presence would help develop the space and benefit adjacent businesses,
because currently there are empty offices. He along with another attorney
has had their office for four years, and most of the space is occupied by
financial institutions and attorneys, which are the type of people that wand
appreciate a high -end workout place. He said this gym wasn't out of
character for the community.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
MR. RICHARD URSEM, Rod Laver Lane, Palm Desert, stated he has
reviewed and spoken with the Applicant at great lengths about the project,
and he believes the project would be an asset to Palm Desert and the -
surrounding professional buildings. He said membership fees more than
$100 would limit the facility's usage, and as a gym member himself who went
to the gym at 6:30 a.m., there was very limited use. He sald the Applicant
was very optimistic about getting 2,000 or 3,000 members, but it could
possibly happen. He said the proposed project was sound and a good fit for
the surrounding professional buildings.
MR. JOHN DE LEO, Rolling Knolls Drive, Palm Desert, stated that on the
days he wears a tie, it would be nice to get a workout, shower, and return to
work, which was something he couldn't do at World or Gold's Gym. He said
as part of the sub -prime fraud and financial mess, this property has been
sitting vacantly for many years. Whether or not the Applicant is successful,
based on conversation he's had with other professionals, they are looking
forward to an upscale fitness club atmosphere, because not everyone lived
in a County Club or had access to an upgraded facility. In Tight of the fact of
what he's heard today, the Applicant has tried to meet compliance with
sound abatement, and he encouraged the Council to reconsider and pass
the application.
MS. SHERRY PRYOR (Sp?), stated she was currently a member at two
different gyms, one being in La Quinta and one in Palm Desert. When it
came to utilizing the gym at 6:30 or 7:00 a.m. prior to going to work, there are
never more than 40 people in a gym. Secondly, she was looking for a place
where she could workout and be with other professionals, and she also
believed this gym would be an asset to the community.
MS. EILEEN DRYDEN, stated she too was a professional belonging to two
gyms, using them very little because it's not the environment she was looking
for. She is willing to pay more for the customer service one would receive in
a professional environment and has the type of amenities proposed in this
gym. She said a precedence had to be established for this type of facility in
this type of neighborhood for all professionals to use.
MS. STACY (last name was inaudible) (Sp?), stated she needed a gym that
was more exclusive and more sophisticated. She didn't enjoy working out
in gyms where there is raucous and noise. She said the gym would be
beneficial and advantageous for surrounding businesses.
MR. BRENDAN HARDY, Project Manager at Shah Management
Constriction, stated he holds an MBA from Santa Clara University, and he
is building his second 5-star fitness in Desert Hot Springs, which is expected
to be complete in a month. The one being proposed would be the third one,
but it's going to be more elite. However, he didn't want to have to drive to
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
Desert Hot Springs to take a shower, get a steamed bath, and workout in a
nice gym. The first one built is in Yucca Valley and it's very successful. He
said people didn't congregate outside these gyms, they are not a traffic
problem, because people do their workout and leave. Therefore, raising
sound as a negative effect was really not an issue, and he didn't believe this
gym would impact surrounding businesses negatively. In fact, with the elite
individuals going to this exclusive gym, it may increase business for
surrounding businesses. Responding to questions, he said his second gym
is being built in Desert Hot Springs across from the Mission Lakes Country
Club. The first one was built five or six years ago in Yucca Valley in the
Town Center Mall, and Ws quite successful. His projections in Desert Hot
Springs will be a challenge, because it's a small community, but when the
economy improves the numbers will pick up. He said there are a few small
communities in the area, including the Mission Lakes Country Club and a
couple more that are just starting to open up, which will make the DHS gym
successful. He believed this gym would also bring economic stimulation to
Palm Desert, because the services and business would bring about an
economic impact causing a ripple effect where one dollar tumed into ten.
Councilman Spiegel asked about the membership fee at Desert Hot Spring.
MR. HARDY responded it was $40+ a month. The one he's building now is
20,000 square feet, but the proposed gym Is nicer.
MS. USA WEBB, Beavertail Street, Palm Desert, stated she has been a
member of almost every gym in the desert, and now she is back at World's
Gym at the mall. It would be nice to go to one that is not overly packed,
because the membership fee is so low. Therefore, she was in favor of the
proposed gym with the higher membership fees, because it meant fewer
members.
MR. SURESH SHAH, Applicant, explained he brought this project to Palm
Desert, because all the gyms in the valley are regular ones unlike the
Vintage County Club or Big Hom Country Clubs, stating people couldn't even
get through those doors. The proposed fitness and gym facility will have a
monthly membership of $129, and when it actually opens up, the fee will be
$149 a month. The facility will include all new techno gym equipment from
Italy, and clients will be provided with towels, water, toothpaste,
toothbrushes, etc., with attendants in the locker rooms. He said locker
rooms will be fantastic, because it will include steam rooms and saunas,
showers that have water hitting parts of the body to alleviate muscle pain,
and massage and facial services. He said the fitness gym will be so
beautiful, it will cost him $1 million or more just for tenant improvements, and
equipment will cost him about $750,000. He said this club will be very
upscale providing personal attention to his clients where front desk personnel
will know everyone by name just like at a 5-star hotel. He said in order to
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REGULAR PALM DESERT CITY COUNCIL MEETING
MAY 22, 2014
give his club a personal touch, it would be best to only have 3,000 members.
He said there are 170 parking spaces, and he and Mr. Swartz conducted
traffic studies in the mornings and evenings; resulting in- only 15 to 30-
vehicles parking during that time, with the highest number averaging 29.
Therefore, the parldng spaces are not being utilized to their full potential,
stating this building has been sitting there for about nine years. Although, It's
designated as a medical building, nobody is filling the vacancies. Finally, he
purchased the building from the bank as a foreclosure, and he is trying to put
a very nice fitness center for all the people that work at the banks, financial
institutions, Morgan Stanley, and Charles Schwab to use. In fact, they
signed his petition of 500 people that are in favor of the fitness gym at this
location. He said Village Court Street was dead, because all the lawyers that
used to be there moved out finding cheaper places in Rancho Mirage and
other places. He said Marsha Lee, a financial company that occupies 4,000
square feet was told from day one there would be a fitness club, and they
are in favor because of the potential clients they may gain. The same was
true for David Austin's art gallery. He said this fitness club is meant for
serious health conscious individuals who want to be healthy. Clients will
have the best trainers available that typically cost $100 an hour. He said he
owned the other building across the street where Urgent Care is occupying
the Executive Suite, and they are providing an executive program for very
rich people that pay $10,000 per year for seeing the doctor anytime they
wished. He said those people will also be coming to this fitness club. He
agreed the land use was different, which is why he applied for a Conditional
Use Permit. He said he had received a report from the Planning Department
thattheywould recommend approval after having worked with Planning staff
for 11/2 years. He said he reduced the hours of operation, reduced the
number of members, added a major entry in the back. Additionally, in the
evenings after 5:00 p.m., they will close the parking in the rear and allow for
parldng only in the front to reduce noise to neighborhoods. He said they
have tried to make everyone happy, and they have accommodated all the
suggestion made by Mr. Swartz, which is why he had recommended
approval to the Planning Commission. The vote was 3-2, because the
Planning Commission was worried about the parking and noise, but
subsequently, he felt everything had been resolved, and it was no longer an
issue. He offered to answer any questions.
Councilman Spiegel commented he met with Mr. Shah prior to this meeting
so he had no questions.
Mayor Pro Tem Weber inquired about the purchase of the building and
whether or not he owned it.
MR. SHAH explained there were three tenants and he bought the rest of the
building. There was a financial planner taking up 1,200 square feet,
Architect Guy Dryer occupying 2,800 square feet, and a dentist occupying
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
2,800 square feet He bought the rest of the building from El Paseo Bank on
a great deal, and then he sold 1/3 of the building to David Austin. Then he
sold the back of the building to Marsha Lee and Company who wilt be
starting their tenant improvement soon. He said the building is mixed use,
but everyone is excited about the fitness club.
Mayor Pro Tem Weber stated she understood there was no rent, but there
is a mortgage payment, and based on the revenue coming in every month,
it didn't appear there was enough money to pay for staff and supplies on a
$129 monthly membership fee. She questioned if products would be sold.
MR. SHAH replied that if 3,000 people pay $149 membership, plus a $250
initiation fee, he expected to generate $450,000 every month. He said all
expenses were basically $250,000, therefore, he expected to make $200,000
every month. He said it wouldn't happen on the first day, but over time that's
what he was anticipating. He said the Yucca Valley gym is still open with
500 members, and the Desert Hot Springs Club isn't open yet, but it already
has 500 members signed up. He said when people see a Class A building
and Class A amenities, they want to be part of it, stating that today people
are health conscious and like organic food, and they need a great place to
exercise. Further responding, he said the facility will provide water, coffee,
towels, etc., but they will only be selling protein juices, low calorie juices, and
he is exploring the idea of an oyster bar.
Mayor Pro Tem Weber noted the Applicant was addressing the noise issue
by closing the rear parking at 5:30 p.m., when surrounding businesses are
closed, and using the front entrance. However, during the day they would
be going in through the back entrance to avoid being a nuisance to those
businesses that had a concern with gym users going in and out.
MR. SHAH clarified that during the day, they can enter the fitness club
through the rear and the front entrance.
Mayor Pro Tem Weber stated she appreciated the comments from the public
about the need for a higher end fitness club, hoping other gyms realized
users have a concern. Additionally, she heard the Applicant say he had plans
for $1 million in tenant improvements, and purchasing high -end equipment,
etc. She asked how the Applicant was able to spread the news about this
fitness club.
MR. SHAH said many of the tenants at the Wall Street West Building and
Village Court Building expressed their disappointment with the fitness gym
they were attending, and he shared with them this project.
Mayor Tanner said the Council received a letter from Guy Dreier Designs
who is in support of the project. The letter also states, "Dr. Shah Intends to
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
compensate Mr. Dreier and others in the building for the commonly owned
areas.' He asked Mr. Shah if the same was offered to other owners in the
condominiums in the building.
MR. SHAH answered yes, stating ail the owners pay for three, five, six, or
seven percent of the common area. Because he is taking half of the
common area on the west side, which has bathrooms for ladies and men, he
will reimburse all the owners who paid for common areas. He said the
numbers were calculated and provided to each of the owners. Additionally,
he will not be using the walk way and bathrooms on the right side or east
side of the building.
Mayor Pro Tem Weber stated the Council didn't like to overwrite Planning
Commissions ruling, because they work very hard on each case. She asked
the Applicant if he had gone back to the Planning Commission with the
proposed solutions.
MR. SHAH explained that according to the Municipal Code he is not allowed
to return to the Planning Commission, because a denial was issued. He
would have to wait another year to return to the Planning Commission. He
said they have been negotiating and fine tuning the project for about 11
years. He said the Commission's major concems were parking and noise,
which he believed is resolved. He said Mr. Swartz can testify to that fact,
since he assisted in the count study for two weeks, and there were no more
than 29 vehicles on any given period. He further stated the parking lot is
empty, and he believed this fitness club will attract more business for
surrounding businesses, reminding the Council the building has been empty
for nine years.
MS. DIANE BLASDEL, Applicant's Attorney, stated she has been
representing Mr. Shah for approximately six years, and today they were here
on an appeal for a Conditional Use Permit that was denied by the Planning
Commission. Strictly for purposes of the administrative record, which Mr.
Erwin would appreciate, she incorporated by reference all the prior minutes
and comments provided to the City, as well as the conflicting and disparate
revisions and different versions in Resolution No. 257. She was concerned
with the tumabout between staffs recommendation on November 3 and the
hearing which took place on that day. She said it was their position that the
Planning Commission took into consideration certain information and facts
that were irrelevant, arbitrary, and capricious, and so the findings of the
Planning Commission were not supported by the evidence. She said the
Council is aware that Mr. Shah has had past issues, and it is their
information as reflected by the minutes of the Planning Commission, that
perhaps one or two of the Commissioners brought to Tight some of those
issues by stating, "He's even had problems at other of his facilities, he had
criminal activity at another one of his facilities, didn't he." She said those
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
comments weren't relevant to this particular matter. First and foremost this
was a different legal entity, a five-star fitness club. She said she's had the
pleasure of being at the fitness center in Yucca Valley, and she was one of
two or three people in this room that has been there. On a personal note, as
a professional who has been out in the desert for more than 20 years, and
worked at Best Best & Krieger and Selzer, Ealy, Hemphill & Blasdel, she too
would like a gym to workout she is currently a spa express member at the
Rancho Las Palmas. She said the Yucca Valley gym, which is in the Town
Center Mall and directly next door to Hope Academy, has never had any
issues with access, parking, noise carrying over from the gym into the
school, no issues with any child or member, no issues with being open too
late or the like. In addition, there are professionals that have premises there
like Dr. Salhotra, who also has privileges at the High Desert Memorial
Hospital and his personaVprivate medical practice is also in that facility,
along with the Armed Forces Recruitment Center, all of which are
professional and have operating hours from 9:00 a.m. to 5:00 p.m. She
believed some of the Council's concerns can be somewhat addressed if it
viewed the property in Yucca Valley; however, this project was going to be
higher end. She called attention to the fact that as of November 3, the
Planning Commission was in favor of having this fitness club and CUP
granted, but then there were comments made, and for some reason, staff
was ordered to return with a resolution denying the CUP. She urged the
Council to review the administrative record, minutes, and items taken into
consideration that went into such a 180 degree on the denial of the CUP.
She thanked the Council for their time and consideration.
With no further testimony offered, Mayor Tanner declared the public hearing Slued.
Councilman Spiegel asked Ms. Aylalan if she still agreed with staffs
recommendation to deny the CUP after hearing the changes that have
occurred since the Planning Commission issued their denial.
Ms. Aylaian answered yes, stating the changes such as the entrance to the
location addressed some of the problems identified with the compatibility with
the surrounding uses, but staff didn't believe it answered all of them. In
particular, staff is concemed with the fact that investments were made by
people who had a legitimate assumption, due diligence, determined that the
building they were buying would be for Office Professional Use. A
gymnasium or fitness facility is not allowed by right nor as a conditional use
in a zone or building like that. At the Planning Commission meeting there
were more owners who spoke against the proposed facility based on the
presumption that they were investing in their business futures in a building
that would remain an office professional setting. Staff believes that even if
they are able to mitigate noise and proximity to other uses, there is still a
disadvantage to existing businesses, which would be imposed upon them
when the majority of the building is converted into a use that was not
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
intended or envisioned either in the Municipal Code or by the people who
bought into it. In conclusion, staff believes the changes proposed recently,
since the Planning Commission meeting, did mitigate some concerns, but
didn't solve all of them, and the project is still not compatible with an office
professional setting.
Councilman Spiegel questioned why those owners that were opposed to the
project didn't show up this evening.
Mayor Tanner stated he had the same concem, noting there was only one
owner who spoke this evening in opposition. He knew owners showed up in
bulk at the Planning Commission meeting, but this was an appeal process
and he wondered why those owners were not in attendance this evening.
Ms. Ayialan replied she didn't know, but staff did advise people generally that
once their positions are made, it was a matter of public records, which is put
forward to the City Council and available for its consideration during
deliberations.
Mr. Swartz noted an employee of Dr. Schantz stated the doctor could not
attend the meeting, but there were letters submitted in opposition from
Dr. Schantz and Dr. Moranda. Responding to question about the number of
businesses in the building, he said there are five consisting of the architect,
financial planner, existing financial planner, a dentist, and art gallery.
Mayor Pro Tem Weber stated it sounded like the Applicant had done what
was asked of him. She apologized for not remembering that the Applicant
couldn't go back to the Planning Commission once a denial is issued.
However, she wondered what the outcome would have been if the Planning
Commission had reviewed the modifications made to address the issue,
such as adding another entrance and changing hours of operation, because
membership of this facility is different from the type of membership one
associates with gyms. She wished the Applicant could have worked a little
bit more with existing businesses, because she liked people to resolve their
differences before it reached a point of annoyance, because it didn't sound
like it was going to be an issue with other businesses. She keeps hearing
people say they will be going to the gym in their professional clothing,
working out, and going back to work. It didn't sound like people would be
going in their sweat pants and sloppy joe's or making noise, so she didn't
think the facility would be a problem.
Mayor Tanner asked if the Council moved to accept the appeal, where did
it leave the current and revised design, asking if the Applicant would go back
to the Planning Commission.
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
Mr. Erwin answered no, stating if the Council wished to approve the appeal,
then Council needed to instruct staff to prepare the appropriate resolution to
do so, but it would not go back to the Planning Commission, unless the -
Council directed it to go back for further hearing.
Mayor Tanner stated there are still open items that haven't been addressed
since November 3, and it's unfortunate this has taken 1 1 years, faulting both
sides. However, he would hate to make a decision that had a negative affect
if this could be worked out. He said the Council heard one speaker in
opposition and several in favor of this upscale facility, so he is having a hard
time refusing the appeal.
Mr. Erwin explained the Council had the alternative of sending it back for the
Planning Commission review of the current application as ifs been changed.
Mayor Pro Tem Weber commented she would be agreeable to that option,
because she wouldn't be comfortable accepting an appeal without the
Planning Commission reviewing the new design with the added entrance,
which sounded like it would solve the problem.
Mayor Pro Tem Weber moved to, by Minute Motion, referred the case back to the
Planning Commission for review and report back to City Council. Motion was seconded by
Spiegel.
Mayor Tanner made the comment that this shouldn't take six months, and
next time around the appeal will either be approved or denied.
Councilmember Benson stated she didn't mind this case going back to the
Planning Commission, but she took umbrage with Ms. Blasdel's comment
that staff was ordered to change their opinion, because the Council didn't
order anyone to change opinions. She said staff analyzes and comes up
with what they think is the best solution to something, therefore, it was an
erroneous comment. Councilman Spiegel concurred.
Mayor Tanner called for the vote, and the motion carried by a 4-0 vote (AYES:
Benson, Spiegel, Weber, and Tanner, NOES: None, ABSENT: Hamik).
Mayor Tanner strongly encouraged that the package is put together where
concerns are addressed and the Applicants proposals are outlined for
Council to either have the appeal approved or denied.
B. REQUEST FQRADOPTIOf4OF A NEW PLANNING APPLICATION FEE IN
THE AMOUNT OF $345 FOR PROCESSING ADMINISTRATIVE USE
PERMITS, AS DESCRIBED IN PALM DESERT MUNICIPAL CODE
SECTION 25.64.040.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
Principal Planner Tony Bagato stated this was a public hearing for adoption
of a new fee for people doing smaller scale projects. When the City adopted
the new Zoning Ordinance in August, staff applied -a new process called -
Administrative Use Permit (AUP), which would allow someone with a
commercial gym to set up a private studio for Yoga for up to 1,500 square
feet. Instead of applying for a Conditional Use Permit at a cost of $2,894,
they can apply for an Administrative Use Permit for a fiat fee of $345. The
AUP consists of staff holding an administrative hearing where a review is
conducted, and then staff issues a Notice of Decision to adjacent property
owners, and if there is a concem, property owners can appeal the decision
to the Planning Commission. In a nutshell, it's the Principal Planner holding
an intemai hearing, averaging 2.5 hours of staff time. Therefore, the fee is
based on a blended rate of $138 per hour for 2.5 hours of a Planners time.
Staff received a letter of support from Desert Valleys Builders Association
(DVBA). Responding to question, he confirmed this new fee was a lot less
and a quicker process.
Mayor Tanner declared the public hearing saga and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, he
declared the public hearing glost
Councilmember Benson moved to waive further reading and adopt Resolution No.
2014 - 53, establishing a $345 fee for processing Administrative Use Permits, as described
in Palm Desert Municipal Code Section 25.64.040. Motion was seconded by Spiegel and
carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner NOES: None).
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summarieg for the Period of April 28 - May 9,
2014.
Acting City Manager Rudy Acosta noted the report provided in the
agenda packets. He added that on behalf of the entire City staff, he
wished to wish the Wohlmuth Family congratulations on their
daughter Elle's graduation from Cornell University in Ithaca,
New York, this weekend.
In response to question about any news on a new hotel in the City,
Mr. Acosta said Palm Desert was still waiting on approval of its Long-
range Property Management Plan by the Department of Finance
(DOF). He noted that staff felt it was nearly complete; however, DOF
requested review of a few technicalities, some clarifications on some
prior agreements. He said Mr. Alvarez has taken care of those and
forwarded information to Sacramento and on top of it daily.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
Therefore, staff hoped to receive good news within the next week or
so.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Request for Designation of Voting Delegate(s) and Altemate(s) for the
League of California Cities Annual Conference - September 3-5,
2014, in Los Angeles.
Ms. Klassen stated that in order for the City to have Voting
Delegate(s) at the upcoming League of California Cities Annual
Conference, an action needed to be taken to designate such at a
regular Council Meeting.
Mayor Tanner proposed that the Voting Delegate be Councilmember
Hamik, with he being Alternate.
Councilman Spiegel moved to, by Minute Motion, designate
Councilmember Jan C. Hamik as Voting Delegate and Mayor Van G. Tanner serve as
Alternate to represent the City of Palm Desert at the League of California Cities Annual
Conference in Los Angeles, September 3 - 5, 2014. Motion was seconded by Weber and
carried by 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None).
2. Be= on the Friends of the Cultural Center Board of Directors'
Acceptance of Councilmember Benson's Resignation Therefrom and
its Invitation to Councilmember Hamik to Fill Position.
Ms. Klassen reported that she'd been asked by the City Manager to
look into how Councilmember Benson came to represent the City on
the Friends of the Cultural Center Board (McCallum Theatre).
Councilmember Benson then indicated to staff that she'd already
taken care of requesting going off that Board and suggesting that
Councilmember Hamik be her replacement. She added that
Councilmember Hamik had already been serving as the Alternate
representative for this purpose. As of this morning when Ms. Klassen
spoke with Mitch Gershenfeld's Office at the McCallum, she was
advised that the Friends of the Cultural Center Board had accepted
Councilmember Benson's resignation and has sent an letter of
invitation to Councilmember Hamik to be the City's representative on
that Board going forward.
Councilmembers took note of and received the report.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
D. PUBUC SAFETY
1. Fire Department
None
2. Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. City Council Requests for Action:
None
2. City Council Consideration of Travel Requests and Reportg:
a) Jntemational Council of Shopping Centers Conference —
Counciimember Hamik reported that she and Economic Development
Manager Ruth Ann Moore traveled to ICSC in Las Vegas earlier this
week, and it was a very productive trip. She said there were great
break-out sessions, and the information will be shared with staff and
Council going forward.
3. City Council Committee Reportg:
None
4. City Council Commentg:
a) GRID Alternatives Ribbon Cutting at Desert Rose — Mayor Pro Tem
Weber said she participated in the event on Tuesday this week,
celebrating the solar installation on 84 homes there. She said It was
a tremendous event with a great turnout. She added that Desert Hot
Springs Mayor Adam Sanchez was also there, as his city also
benefitted from the installation of solar on 84 homes there. She noted
that Director of Housing Janet Moore and Management Analyst
Jessica Gonzales were prominently present after having worked
closely on the project, along with other City staffers, and the
community kept extending thanks to the City for its contributions and
presented several certificates of appreciation.
b) Fast Valley Emergency Operations Center — Mayor Pro Tem
Weber stated that on Monday this week, she and Risk Manager . _..
Steve Aryan attended the ribbon cutting for the new Emergency
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2014
Center in Indio. She said it was something to see and encouraged
her colleagues to do drop by and take a look; it's very impressive.
She said equally Impressive to her was that the City's was a smaller
replica of the new Center she was very encouraged to see that
Palm Desert's Emergency Center was up and running in such a
professional manner.
5. Suggested Items for Future City Council Meeting Agendas:
a) Plastic Bag Ordinance Potential Revisiong — Councilman Spiegel
wanted to know when the Plastic Bag Ordinance would be back to
Council for consideration. He noted that Council talked about taking
a look at businesses on El Paseo using bags.
In response, Mr. Acosta said Ms. Aylaian just indicated that the issue
will be coming back to Council in June.
XIX. ADJOURNMENT
On a motion by Weber, second by Tanner, and 5-0 vote of the City Council (AYES:
Benson, Hamik, Spiegel, Weber, and Tanner NOES: None), Mayor Tanner adjourned the
meeting at 6:24 p.m.
ATTEST:
RA ' HE E D. SE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
VAN G. TANNER, MAYOR
35