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HomeMy WebLinkAboutPRELIM - CC - 08/24/06 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 24, 2006 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Ferguson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson Also Present: Homer Croy, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Frankie Riddle, Director of Special Programs John Garcia, Engineering Manager Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 1) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 201, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Virginia Waring International Piano Competition Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 203, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Germania Corporation Under Negotiation: x Price x Terms of Payment 3) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 220, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Environmental Products and Applications, Inc. Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With City Council concurrence, Mayor Ferguson adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE PALM DESERT YOUTH COMMITTEE. Mayor Ferguson noted for the record that he would recuse himself due to conflict of interest, considering the candidate was his son. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Councilman Spiegel moved to, by Minute Motion, appoint Alec Ferguson to the Palm Desert Youth Committee to fill an existing vacancy (term 12/31/06). Motion was seconded by Benson and carried by a 3-0 vote, with Mayor Ferguson ABSENT. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of July 13, 2006, July 27, 2006, and August 10, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 269, 270, 274, 1, 3, 4, 8, 11, 14, 16, 20, 22, 24, 28, and 31. Rec: Approve as presented. C. APPLICATION FORALCOHOLIC BEVERAGE LICENSE by New Albertsons, Inc., forAlbertsons, 74-590 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FORALCOHOLIC BEVERAGE LICENSE by New Albertsons, Inc., for Albertsons, 42-095 Washington Street, Palm Desert. Rec: Receive and file. E. APPLICATION FORALCOHOLIC BEVERAGE LICENSE by Macernie, Inc., for McCormick's, 74-360 Highway 111, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ravi & Harry Restaurant, Inc., for Delhi Palace Cuisine of India, 73-675 Highway 111, Palm Desert. Rec: Receive and file. G. APPLICATION FORALCOHOLIC BEVERAGE LICENSE by NewYork Pizza Delivery, LLC, for NYPD & New York Pizza Delivery, 40-205 Washington Street, Suite 4, Palm Desert. Rec: Receive and file. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Target Corporation for Target T0940, 72-549 Highway 111, Palm Desert. Rec: Receive and file. I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by David Anthony Avalos and Ramon Vega Jr.for Guillermo's Napas Tapas, 73- 900 EI Paseo, #2, Palm Desert. Rec: Receive and file. J. APPLICATION FORALCOHOLIC BEVERAGE LICENSE by Filiberto Moreno and Maria Soledad Moreno for Bomba's Bar & Grill, 72-221 Highway 111, Suite A9-13, Palm Desert. Rec: Receive and file. K. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meetings of May 22, and June 5, 2006. 2. Parks & Recreation Commission Meeting of June 7, 2006. 3. Sister Cities Committee Meeting of June 15, 2006. 4. Youth Committee Meeting of May 30, 2006. Rec: Receive and file. L. RESOLUTION NO. 06-116 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged (April 2006). Rec: Waive further reading and adopt. M. REQUEST FOR APPROVAL of the Imaging of Finance Department Accounts Payable, Cash Receipts, Bank Reconciliations, Business License Files, Ledgers, and Journals. Rec: By Minute Motion: 1) Approve CD imaging of the subject Finance Department records; 2) authorize California CD Imaging, Rancho Cucamonga, California, to perform said services, per the proposal dated August 8, 2006. 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 N. REQUEST FOR AUTHORIZATION to Renew a Lease for an Electronic Securities Trading Terminal. Rec: By Minute Motion, authorize the City Treasurer to renew the subject lease with Bloomberg Services. O. REQUEST FOR APPROVAL of Agencies to Provide Temporary Staffing Services for Fiscal Year 2006/07. Rec: By Minute Motion, identify and pre-approve the accompanying staff report's list of agencies to provide temporary staffing services to the City of Palm Desert on an as-needed basis for FY 2006/07. P. REQUEST FOR RATIFICATION of the City Manager's Authorization for Acoustical Engineering Services and Modifications to the City's Noise Ordinance (Contract No. C25640). Rec: By Minute Motion, ratify the City Manager's authorization to contract with Gordon Bricken & Associates, Santa Ana, California, to provide the subject services in the amount of$8,100. Q. REQUEST FOR RATIFICATION of the City Manager's Authorization for Acoustical Engineering Services at 73-995 EI Paseo (Contract No. C25650). Rec: By Minute Motion, ratify the City Manager's authorization to contract with Gordon Bricken & Associates, Santa Ana, California, in the amount of $4,400 to provide acoustical engineering services to address noise concerns at Augusta Restaurant, 73-995 EI Paseo. R. REQUEST FORAPPROVAL ofAmendment No. 2 to Contract No. C22870 — Design Engineering for the Portola Avenue Bridge Over the Whitewater Channel. This item was removed for separate consideration under Section VII - Consent Items Held Over. Please see that portion of the Minutes for discussion and subsequent action. S. REQUEST FOR APPROVAL of Street Sweeping Services for State Highways in the City of Palm Desert for Fiscal Year 2006/07. Rec: By Minute Motion, accept street sweeping services by CleanStreet, Gardena, California, for the State Highways in the City of Palm Desert at the reimbursement rate of $21.75 per curb mile for FY 2006/07. 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 T. REQUEST FOR APPROVAL of Professional Services Agreement for Disaster Response Planning (Contract No. C25660). This item was removed for separate consideration under Section VII - Consent Items Held Over. Please see that portion of the Minutes for discussion and subsequent action. U. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between Desert Sands Unified School District, the Coachella Valley Recreation & Park District, and the City of Palm Desert as it Relates to Participation in an After School Program (Contract No. C25670). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU. V. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between Desert Sands Unified School District, The YMCA of the Desert, and the City of Palm Desert as it Relates to an After School Program (Contract No. C25680). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU. W. REQUEST FOR AWARD OF CONTRACT for Janitorial Services at the Palm Desert Civic Center (Contract No. C24800A). Rec: By Minute Motion: 1) Reject the non-responsive bids from Grace Maintenance Company, Advanced Building Maintenance Company, ABM Janitorial Services, and Bell Maintenance Company; 2) award the subject contract to General Cleaning Services, Palm Desert, California, in the amount of $2,745/month — funds are available in Account No. 110-4340-413-3090. X. REQUEST FOR AWARD OF CONTRACT for Reverse Osmosis Drinking Water Purification Systems at the Civic Center, Corporation Yard, and Visitor Center (Contract No. C25480). Rec: By Minute Motion, award the subject contract for six (6) reverse osmosis drinking water systems for the Civic Center, Corporation Yard, and Visitor Center to Pure Water Technology, Redlands, California, in the amount of$3,801.36 annually—funds are available in the Building Operation/Maintenance Account N o. 110-4340-413-3310. 6 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Y. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24350 — Citywide Curb, Gutter, and Sidewalk Program (Project No. 753-06) (Contreras Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Z. REQUEST FORAPPROVAL of the Art In Public Places Fee Reimbursement for the Desert Gateway Art Component(Rothbart Development Corporation, Applicant). This item was removed for separate consideration under Section VII - Consent Items Held Over. Please see that portion of the Minutes for discussion and subsequent action. AA. CONSIDERATION of a Request to Stage the Desert Cities Track Club's Eighth Annual "Turkey Trot" on EI Paseo. Rec: By Minute Motion, authorize the Desert Cities Track Club to stage their Eighth Annual "Turkey Trot" on Thursday, November 23, 2006 (Thanksgiving Day), from 7:30 a.m. to 9:30 a.m. BB. CONSIDERATION of a Request to Close EI Paseo on Saturday, February 10, 2007, for the Palm Desert Senior Games. Rec: By Minute Motion, authorize the Coachella Valley Recreation & Park District to close EI Paseo on Saturday, February 10, 2007, from 6:30 a.m. to 9:30 a.m. for the subject event. CC. INFORMATIONAL ITEMS: 1. Fire Prevention Review Follow-up 2. Risk Management Report This item was removed for separate consideration under Section VI I - Consent Items Held Over. Please see that portion of the Minutes for discussion and subsequent action. 3. Report on Riverside County Tentative Tract Map No. 34305, Stone Haven at Cahuilla Hills This item was removed for separate consideration under Section VI I - Consent Items Held Over. Please see that portion of the Minutes for discussino and subsequent action. 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Mayor Pro Tem Kelly requested Items T and CC-2 be discussed separately, Councilman Spiegel requested Items T and Z, and Councilmember Benson requested Items R and CC-3. Mayor Ferguson noted for the record that he would be abstaining from Item CC-3. Upon a motion by Spiegel, second by Kelly, and 4-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER R. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. C22870 — Design Engineering for the Portola Avenue Bridge Over the Whitewater Channel. Councilmember Benson said she and Mayor Pro Tem Kelly asked the City Manager about installing a railing along the sidewalk at the crossing of the Portola Bridge to avoid having children or pets fall into the traffic. She wondered what the status was or if the request could be added to this contract amendment. Engineering Manager John Garcia replied he was not aware of the request. Mayor Pro Tem Kelly said he had spoken to Mr. Greenwood, who felt it would be more practical to wait until the bridge was completed rather than add onto a change order. Councilmember Benson said she wanted to establish that everyone was in agreement with the request and that it get penciled in. Mayor Pro Tem Kelly reiterated that he spoke with Mr. Greenwood as agreed. He said Mr. Greenwood could provide a report about the discussion, and the City Council could still make a decision to have the railing done now. Councilmember Benson stated since the contract was being amended, it seemed appropriate to add it now, as she felt it was a safety issue. Mayor Pro Tem Kelly responded that he didn't want to hold up approval of the subject amendment in order to do so. Mayor Ferguson suggested the City Council follow up with Mr. Greenwood, because it was unacceptable to leave the sidewalk crossing as is. Mr. Garcia asked if the City Council was considering a permanent barrier or a temporary solution. 8 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Councilmember Benson commented that the sidewalk was already there. Mayor Pro Tem Kelly added a permanent railing was needed in order to assure no one would fall. Mayor Ferguson requested that while a permanent solution was being sought, that an inexpensive temporary solution be installed, even if that meant orange pylons. He felt if it was unsafe, it needed to be addressed now rather than waiting until it was convenient. Mr. Garcia agreed to follow up on both requests. Councilmember Benson moved to, by Minute Motion, approve: 1)Amendment No. 2 to the subject contract with Moffatt & Nichol Engineers, Irvine, California, in the amount of $48,500 for additional construction design support services to complete the subject project; 2) transfer of $5,595.70 from contingency to base for the project and appropriation of $42,904.30 from Unobligated Fund 400, with staff further directed to give serious design consideration for an immediate, efficient temporary barrier between the completed and in- progress portions of the bridge structure and its relation to the permanent barrier/railing. Motion was seconded by Spiegel and carried by a 4-0 vote. T. REQUEST FOR APPROVAL of Professional Services Agreement for Disaster Response Planning (Contract No. C25660). Mayor Pro Tem Kelly said he requested this item be removed for separate consideration because he planned to deny it. Mayor Ferguson said he was planning to do the same. Councilman Spiegel inquired about the City of La Quinta's underground shelter being built for their City Council. He commented that he was possibly voting no on this item as well. Risk Manager Gary Rosenblum replied that as part of the City of La Quinta's renovation project, they were adding a custom-built Emergency Operations Center (EOC) that's specifically for that purpose. Upon further question, he stated he was not familiar with the details of the project but felt that it was a good idea to have a specially built EOC that would be less subject to damage in an earthquake. However, it would not be a total solution for emergency preparedness; there were other things that the City of Palm Desert was attempting to incorporate into the City's existing structures. Councilman Spiegel asked about Palm Desert's existing structure. Mr. Rosenblum said the City's EOC is located near the Code Compliance Department; the room is outfitted with equipment and reinforced as best it can be, and can hold approximately 30 people comfortably. The EOC previously had permanent tables, which were exchanged to portable removable tables for flexibility. 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Mayor Pro Tem Kelly moved to, by Minute Motion, DENY the subject agreement. Motion was seconded by Mayor Ferguson and carried by a 4-0 vote. Z. REQUEST FORAPPROVAL of the Art In Public Places Fee Reimbursement for the Desert Gateway Art Component(Rothbart Development Corporation, Applicant). Councilman Spiegel stated this item was related to the sculpture at the entrance to the City of Palm Desert from the freeway. On one side of Monterey Avenue is an entrance piece for the City of Rancho Mirage, and on the other side of the street is the entrance piece for Palm Desert. Based on the size of the lettering, he could spot Rancho Mirage's easily, but he couldn't really see Palm Desert's. This issue was raised with Public Arts Manager Richard Twedt previously, but he had not heard back from him. He felt the subject piece didn't do justice to the City. Public Arts Coordinator Deborah Schwartz replied she was aware Mr. Twedt had looked into the matter and would bring it back to his attention. Mayor Pro Tem Kelly suggested taking the name off the sculpture and having a larger "Palm Desert" sign placed there instead. Councilman Spiegel said he didn't have a problem with the sculpture piece, only with the size of the lettering for Palm Desert. Mrs. Gilligan said she and Mr. Twedt discussed the matter, and she advised Councilman Spiegel that the issue needed to be brought before the entire City Council. She offered that this matter could be added to the agenda as a signage concern. Councilman Spiegel moved to, by Minute Motion: 1) Authorize the reimbursement of the Art In Public Places fee in the amount of$10,043 for the Gateway Project located at 34-220 and 34-500 Monterey Avenue — funds are available in Account No. 436-0000-312-2700; 2)direct staff to revisit the"Palm Desert" identification component at the site. Motion was seconded by Kelly and carried by a 4-0 vote. CC. INFORMATIONAL ITEMS: 2. Risk Management Report Mayor Pro Tem Kelly congratulated Risk Manager Gary Rosenblum for an outstanding job of inspiring employees to accomplish a tremendous safety record. (The City of Palm Desert received the 2006 Risk Management Award for the "Lowest Five-year Average Cost of Worker's Compensation Claims"at the California Joint Powers Insurance Authority Annual Meeting.) 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Councilman Spiegel noted that Mr. Rosenblum saved the City $125,000 last year on insurance. Mayor Pro Tem Kelly moved to, by Minute Motion, receive and file the report as presented. Motion was seconded by Spiegel and carried by a 4-0 vote. 3. Report on Riverside County Tentative Tract Map No. 34305, Stone Haven at Cahuilla Hills Mayor Ferguson noted for the record that he would be abstaining on this item. He stated it was a County matter and an informational item, but it involved an issue that affected one of his clients. Councilmember Benson said her concern was that the developerwas requesting a letter from the City Council stating it would not oppose his ten lots on the hillside development. The City's Ordinance allowed six residential lots per acre, and she felt there was no need for ten. She commented that the Council had been holding firm on the ordinance that set a limit on drive-ins and felt the same should be done with the mountain development. She said the letter from Mr. Peter Scheer says that the City Council had agreed to ten lots, but that is not the case. MR. PETER SCHEER stated he was present at this evening's meeting at the direction of Riverside County Supervisor Roy Wilson and at the suggestion of Mayor Ferguson. He said a meeting was called by Mr. Buford Crites, then-Councilmember. He also met with Mayor Ferguson on several occasions about the proposed project. He said the project was currently in the County and zoned one lot per acre but recognized the project was under the City's sphere of influence. He said the project was reduced from the original proposal presented to the County, which was tentatively approved last December. The number of lot sites was reduced from 15 to 10 at the suggestion of then-Councilman Crites. He pointed out that the surrounding area currently had multiple projects within the City, and the Council chose not to restrict those projects. He said this project was significantly below the density of what the City Council has already approved in the periphery of the Cahuilla Hills. He went on to say that they have been sensitive to the concerns of the City and have addressed everyone one of them as they were brought up by Mr. Crites. He said he would appreciate the help of the City Council to bring their project forward. He offered to answer any questions of concern. Councilman Spiegel asked Mr. Scheer if he was going to build whether or not he received a letter from the City. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 MR. SCHEER replied that a number of houses would be built, regardless. Mayor Pro Tem Kelly said the project was already in the process with the County, and the City's letter may have some effect on whether the County approved it or not. MR. SCHEER agreed and said that as a good neighbor and 23-year resident, he wanted to be up front and communicate with the City. Otherwise, it would have been just as well to push the project forward at a rate that was unacceptable even to him. He said a compromise had been reached, in which they significantly reduced their original proposal so that it could be approved by the County. The setbacks were increased, open-space area was maintained and dedicated at more than 40%, the pad size was reduced to only 17% of the total, and the remaining 83% was open space. He added that the rock formations in that unique environment would remain intact. Mr. Drell explained that part of the compromise was that both the City and Stone Eagle would continue to provide input in terms of grading, architecture, and landscaping of future developments. He said projects are subject to Stone Eagle's architectural review process. Although Stone Eagle has the easement to use their road, the road needs to be improved and would require a lot of cooperation; in exchange for that to happen, Stone Eagle will take that into account relative to architectural review. Responding to questions about the City's continued input, setbacks, etc., he affirmed that all the aforementioned issues would be included in the letter. Mayor Pro Tem Kelly and Councilman Spiegel agreed to send the letter with the stipulation that Stone Eagle's architectural review and County Planning Department provide approval with the City's continued input on the project. Councilman Spiegel moved to, by Minute Motion, receive and file the report as presented, with direction that the requested letter to Riverside County emphasize that the City will have continuing input relative to future development through both its own review and Stone Eagle's architectural review process. Motion was seconded by Kelly and carried by a 2-1 vote, with Benson voting NO and Ferguson ABSENT. 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 VIII. RESOLUTIONS A. RESOLUTION NO. 06-117 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 04-84 AS IT RELATES TO THE BUILDING AND SAFETY FEE SCHEDULE FOR PHOTOVOLTAIC SOLAR SYSTEMS, AIR CONDITIONING, AND HEATING PERMITS, AND PLAN CHECK FEES. Councilman Spiegel moved to waive further reading and adopt Resolution No. 06-117. Motion was seconded by Ferguson. Mayor Pro Tem Kelly suggested making the permit free, since the City was trying to promote and encourage installation of solar systems and replacement air conditioning and furnace systems. He said the fee was already reduced from $523 to $75; the amount of money spent to run the program and process a permit was very small. Mr. Conlon and Mr. Hamidzadeh agreed with the idea of a no-charge fee. Mr. Hamidzadeh added that the nominal fee was proposed to recover some of the staff time for processing the permit. Councilman Spiegel proposed implementing the program for a year to see how much it actually cost the City. Mayor Pro Tem Kelly said the fee was already set on a prior study; however, he agreed to try it for a year. Councilmember Benson said she was not aware that a permit was required to install an air conditioner or water heater. Councilman Spiegel and Mayor Ferguson amended their motion to reflect a no- charge permit fee for the subject items on a 12-month temporary basis, to be revisited at the end of that term. Motion carried by a 4-0 vote. B. RESOLUTION NO. 06-118 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2006/07. Mayor Pro Tem Kelly moved to waive further reading and adopt Resolution No. 06-118. Motion was seconded by Spiegel and carried by a 4-0 vote. 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 C. RESOLUTION NO. 06-119 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE LEVYAND COLLECTION OF ASSESSMENTS FOR THE CITY OF PALM DESERT FIRE TAX PURSUANT TO CITY ORDINANCE NO. 223, FISCAL YEAR 2006/07. Councilman Spiegel moved to waive further reading and adopt Resolution No. 06-119. Motion was seconded Kelly and carried by a 4-0 vote. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 1126A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MODIFYING SECTION 9.24.030 OF THE PALM DESERT MUNICIPAL CODE - NOISE CONTROL. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1126A to second reading. In response to Mayor Pro Tem Kelly's questions, Mr. Erwin clarified that it was the Emergency Ordinance that was approved at the last meeting. This item was similar to the one approved, except this one included some corrections, including a change of ineasurementtimes. The priorversion had a 30-minute measurement, and this one proposed 10 minutes. Motion was seconded by Kelly. Responding to Councilmember Benson's question whether or not this ordinance covered leaf blowers, Mr. Erwin said they were covered under a different ordinance. The subject ordinance was related to noise at restaurants and such. Mayor Ferguson called for the vote, and the motion carried by a 4-0 vote. B. ORDINANCE NO. 1127 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.28.020 OF THE CODE OF THE CITY OF PALM DESERT - TRANSIENT OCCUPANCY TAX. Mr. Erwin reported this ordinance had a section that cited a Business and Professions Code that was changed and updated. 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Mayor Ferguson stated thatwith regard to both this ordinance and Resolution No. 06-119 (Fire Tax), neither one increased any fees. The amendment in this case was just for clarification. Councilman Spiegel noted that the City of Palm Desert had the lowest Transient Occupancy Tax (T.O.T.) in the Coachella Valley. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1127 to second reading. Motion was seconded by Benson and carried by 4-0 vote. For Adoption: A. ORDINANCE NO. 1122 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PR-5 TO PC-3 AND FROM PR-5 TO PR-17 FOR A 19.6-ACRE SITE NORTH OF FRANK SINATRA DRIVE BETWEEN COOK STREET AND COLLEGE DRIVE, 37-755 COOK STREET Case No. C/Z 06-02 (Sinatra and Cook Project, LLC, Applicant). In response to Councilmember Benson's question, Councilman Spiegel confirmed this item was related to the Vineyards Project. Mayor Pro Tem Kelly commented he assumed it was related to the Vineyards Project but couldn't determine that from the paperwork. He believed they were dealing with both the ordinance and the project at the same time. He didn't recall the ordinance being passed to second reading. Mayor Ferguson clarified that the project was approved in the first reading, on a 3-2 vote , but failed in the ordinance's second reading. He asked the City Attorney if that meant the project was approved but the zoning was unchanged. Mr. Erwin confirmed that the project was approved, but in order to fully comply, the zoning needed to be changed. Approval of the subject ordinance would change the zoning. Mayor Pro Tem Kelly said the developer made changes since the project was originally approved—the studio apartments were converted to one-bedroom apartments, the entrance of the project was changed, and garage doors were added. He wondered whether the changes were significant enough to warrant being returned to the Planning Commission. Mr. Erwin said that this ordinance did not have to go back to the Planning Commission. 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Responding to further questions and comments, Mr. Drell said the project was approved by the City Council, conditioned on subsequent approval of the change of zone, so amendments were made to the plan to make it more acceptable. In further response, Mr. Erwin and Mr. Drell agreed that due to changes proposed for the original approved plan, the project should be re- noticed tomorrow for public hearing at the next City Council Meeting on September 14. Mr. Erwin added that second reading of the subject ordinance would occur at that time. Councilman Spiegel moved to continue this matter to the next City Council Meeting and instructed staff to re-notice the amended plan for the project to be heard at that time. Motion was seconded by Kelly and carried by a 4-0 vote. B. ORDINANCE NO. 1123 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.28.010 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO CITY COUNCIL COMPENSATION AND REIMBURSEMENT. Mayor Pro Tem Kelly moved to waive further reading and adopt Ordinance No. 1123. Motion was seconded by Spiegel. Mayor Ferguson explained that instead of approving raises by vote, it was agreed that the City Council would get the same cost of living increase received by City employees so that everyone was treated the same. Mayor Pro Tem Kelly added that this ordinance would correct a prior process. Mr. Erwin agreed. Mayor Ferguson called for the vote, and the motion carried by 4-0. X. NEW BUSINESS A. REQUEST FOR APPROVAL OF AMENDING THE FISCAL YEAR 2005/06 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Vice Chairman/Mayor Pro Tem Kelly moved to waive further reading and adopt: 1) City Council Resolution No. 06-115, amending the Fiscal Year 2005/06 City Budget as a result of Year-end Adjustments; 2) Redevelopment Agency Resolution No. 532, amending the Fiscal Year 2005/06 Redevelopment Agency Budget as a result of Year-end Adjustments. Motion was seconded by Benson. Member/Councilman Spiegel noted the City's budget was mentioned in the morning newspaper. He said the final figures from last year indicated the 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 City of Palm Desert exceeded its revenue projections by$4 million in General Funds and that expenses were down, resulting in a substantial increase to the City. Motion carried by a 4-0 vote. B. REQUEST FOR APPROPRIATION FROM THE CITY'S AND AGENCY'S UNOBLIGATED FUNDS FOR THE PROPOSED REMODEL OF THE REDEVELOPMENT LOBBYAND THE CONFERENCE ROOMS LOCATED IN THE PUBLIC WORKS AND PLANNING DEPARTMENTS, THE CITY COUNCIL OFFICE AREA, AND THE NORTH WING (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Responding to Vice Chairman/Mayor Pro Tem Kelly's question, Mrs. Gilligan said applicants can sit in the lobby to fill out their employment application; they are provided with a clipboard to write on. A desk inside the office was also available if they preferred sitting down at a desk. She stated space was limited, but she had not heard of any complaints. Member/Councilman Spiegel moved to, by Minute Motion, authorize appropriation of the following for the subject projects: 1) $78,616.50 from the City's Unobligated Funds to Account No. 110-4159-415-4040; 2) $39,308.25 from the Agency's Unobligated Funds toAccount No. 850-4195-466-4040; 3)$39,308.25from theAgency's Unobligated Housing Set-aside Funds to Account No. 870-4195-466-4040. Motion was seconded by Benson and carried by a 4-0 vote. C. REQUEST FOR APPROVAL OF THE PURCHASE OFAND APPROPRIATION OF MONIES FOR MODULAR FURNITURE SYSTEM FOR THE OPEN OFFICE AREAS IN THE CITY HALL NORTH WING (JOINTCONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Member/Councilman Spiegel moved to, by Minute Motion: 1)Approve the purchase of a modular furniture system for the open office area in the North Wing of City Hall by authorizing a purchase order in the amount of $61,372 to Total Plan Business Interiors, Inc., Riverside, California; 2) authorize the appropriation of $18,411.60 from the City's Unobligated Funds to Account No. 110-4159-415-4040; 3) authorize the appropriation of $21,480.20 from the Agency's Unobligated Funds to Account No. 850-4195-466-4040; 4) authorize the appropriation of $21,480.20 from the Agency's Unobligated Housing Set-aside Funds to Account No. 870-4195-466-4040; 5) authorize the Director of Finance to set aside an additional amount of $6,137.20 as 10% contingency ($1,841.16 from Account No. 110-4159-415-4040, $2,148.02 from Account No. 850-4195-466-4040, and $2,148.02 from Account No. 870-4195-466-4040) (use of contingency requires additional action). Motion was seconded by Benson and carried by a 4-0 vote. 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 D. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM FUNDS FOR CROSSROADS AT EL PASEO, 73-010 EL PASEO (10 EI Paseo, LLC, Applicant). Mayor Pro Tem Kelly acknowledged that a significant amount of work went into this project. Mayor Pro Tem Kelly moved to, by Minute Motion, approve $80,000 in Facade Enhancement Program consideration funds to 10 EI Paseo, LLC, for the Crossroads at EI Paseo located at 73-010 EI Paseo — funds are available in Account N o. 400-4800-454-3875. In response to Councilmember Benson's question, Councilman Spiegel clarified that this was not the Starbucks project; this item was related to the Jenny Craig building. Motion was seconded by Spiegel and carried by a 4-0 vote. E. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM FUNDS FOR THE PROPERTY LOCATED AT 73-730 EL PASEO (Steven J. Gordon and Julie Bornstein, John and Grace Nichols, and Megan Nichols, Applicants). Councilman Spiegel moved to, by Minute Motion, approve $60,000 in Facade Enhancement Program consideration funds to Steven J. Gordon and Julie Bornstein, John and Grace Nichols, and Megan Nichols for 73-730 EI Paseo—funds are available in Account No. 400-4800-454-3875. Motion was seconded by Kelly and carried by a 4-0 vote. F. CONSIDERATION OF A REQUEST FOR SPONSORSHIP FUNDING FOR FASHION WEEK EL PASEO — MARCH 18-26, 2007. Councilman Spiegel said this item was recommended by the Marketing Committee. This program started last year and was tremendously successful, many of the fashion shows had overflowing crowds. Councilman Spiegel moved to, by Minute Motion: 1) Concur with the recommendation of the Marketing Committee to sponsorthe 2007 Fashion Week EI Paseo event in the amount of $100,000 plus in-kind services not to exceed $10,000; 2) appropriate $50,000 from the Unobligated General Fund for this purpose — balance of funding available in Account No. 110-4416-414-3061. Motion was seconded by Kelly and carried by a 4-0 vote. 18 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 G. REQUEST FOR APPROVAL OF DESIGN PROPOSAL FOR THE ART IN PUBLIC PLACES COMPONENT FOR VILLAGE AT UNIVERSITY PARK PROJECT, 36-891 COOK STREET (The Evans Company, Applicant). Councilmember Benson shared that the art piece was presented to the Art In Public Places Commission twice and was well received by all. In response to comment about the proposal's similarity to The Gardens' public art piece, Mayor Ferguson commented that this piece was more dense and compact than the one at The Gardens. Councilman Spiegel moved to, by Minute Motion: 1) Approve the design proposal "Ground Swell" by Phillip K. Smith, III, for the Village at University Park Project; 2) appropriate$70,000 from Account No. 436-0000-312-2700 forfuture reimbursement as part of the Art In Public Places Component Fee. Motion was seconded by Kelly and carried by a 4-0 vote. H. REQUEST FOR APPROVAL OF THE COMMISSIONING OF A RECYCLED ART PROJECT USING RECYCLED MATERIALS (CONTRACT NO. C25690). Councilman Spiegel moved to, by Minute Motion, approve the commissioning of John Branstetter in the amount of$15,000 to create a recycled art project using recycled materials — funds are available in Account Nos. 436-4650-454-4001 and 236-4195-454-3090. Motion was seconded by Kelly and carried by a 4-0 vote. I. REQUEST FOR AUTHORIZATION TO REJECT NON-RESPONSIVE BID AND APPROVE ANNUAL PURCHASE OF GRASS SEED. Mayor Pro Tem Kelly moved to, by Minute Motion: 1) Reject the bid received from Imperial Sprinkler Company, Anaheim, California, as non-responsive; 2) authorize the purchase of 316,800 pounds of grass seed from Simplot Partners, Palm Desert, California, in the amount of $290,087.25 (includes sales tax, shipping, and handling) — funds are available in Account Nos. 110-4610-453-2190, 110-4614-453-3370, and 110-4611-453-3371 for the City's portion; Desert Willow to fund the balance. Motion was seconded by Spiegel and carried by 4-0 vote. J. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR BUILDING INSPECTION SERVICES FISCAL YEAR 2006/07. Councilmember Benson moved to, by Minute Motion: 1)Award the subject contracts for the period of October 2, 2006, to June 30, 2007, to: a) California Code Check, Newbury Park, California(Contract No. C25700A); b)Charles AbbottAssociates, Inc., Mission Viejo, California (Contract No. C25700B); c) WILLDAN, San Bernardino, California (Contract 19 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 No. C25700C); 2) appropriate $100,000 to Account No. 110-4420-422-3010 for the services. Motion was seconded by Kelly and carried by a 4-0 vote. K. REQUEST FOR APPROVAL OF TWO-YEAR EXTENSION OF THE PROPERTYMANAGEMENTAGREEMENTFORTHE PARKVIEWOFFICE COMPLEX (CONTRACT NO. C15105). Councilman Spiegel moved to, by Minute Motion, approve a two-year extension to the subject property management agreement with Mason & Mason Inc., Montrose, California, in the amount of$66,000 annually. Motion was seconded by Kelly and carried by 4-0 vote. L. CONSIDERATION OF THE APPROVAL OF DESERT SANDS UNIFIED SCHOOL DISTRICT'S RENOVATION PLAN FOR THE RUTLEDGE STRIP AREA AT PALM DESERT MIDDLE SCHOOL AND A JOINT USE AGREEMENT Case No. TUP 06-35 (Desert Sands Unified School District, Applicant). Councilman Spiegel moved to, by Minute Motion: 1) Approve a Temporary Use Permit (TUP) for the Rutledge Strip area of Palm Desert Middle School for Desert Sands Unified School District(DSUSD); 2)approve DSUSD's plans for renovation of the Rutledge Strip; 3) approve the Joint Use Agreement between DSUSD and the City of Palm Desert for use of the Palm Desert Middle School Park, Oleson Field, and the Rutledge Strip (Contract No. C25710). Motion was seconded by Benson and carried by a 4-0 vote. M. CONSIDERATION OF REQUEST FOR FUNDING OF A COOPERATIVE PROMOTIONAL OPPORTUNITY WITH THE DESERT SPRINGS J. W. MARRIOTT RESORT & SPA. Mrs. Gilligan stated that when the City Council met at Budget Session this year, it directed staff to take a closer look at how the City could better brand itself, and they established a set-aside fund with staff to report back with ideas. She said the City's largest producer of T.O.T., the Marriott, came forward with an opportunity for a co-op ad. Last summer the City participated in a similar program for $40,000, resulting in a greater number of room reservations and T.O.T. This year the Marriott is offering the opportunity on a wider scale, including promotion of the City's restaurants, shops, and attractions. She said the Marriott reaches a far wider audience through their partnership with American Express, which will be giving each person staying at the Marriott a$50/day spending allowance in Palm Desert restaurants and shops. She felt it was a great way to promote the City in its branding effort. An additional component yet to be worked out is joining in the partnership Marriott has with a large public relations firm in New York City; the City will piggyback on Marriott's contract for a considerable savings. She related that the idea came about after a meeting with Marriott's Regional Marketing Director. City Marketing Manager Kristy Kneiding could provide more 20 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 specifics on this collaboration if needed. Staff recommended approval because it's a great opportunity at a very reasonable cost to the City. Councilman Spiegel moved to, by Minute Motion: 1)Contribute to the Desert Springs J. W. Marriott Resort & Spa's Renovation Promotion Campaign in the amount of$50,000; 2) appropriate said funds from the Unobligated General Fund. Motion was seconded by Kelly and carried by a 4-0 vote. XI. CONTINUED BUSINESS A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 22, 2006 (Continued from the meeting of July 13, 2006). Councilman Spiegel moved to, by Minute Motion, approve the June 22, 2006, Minutes as presented. Motion was seconded by Kelly and carried by 4-0 vote. B. ORDINANCE NO. 1124 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,ADOPTING LOCAL ENERGY EFFICIENCY STANDARDS FOR BUILDINGS COVERED BY THE 2005 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS (Continued from the meeting of July 13, 2006). Councilman Spiegel moved to continue consideration of Ordinance No. 1124. Motion was seconded by Kelly. Mayor Ferguson noted that a representative from the Building Industry Association (BIA) requested to make a comment but decided to wait until the continued meeting. Mayor Ferguson called for the vote, and the motion carried by a 4-0 vote. XII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR INSTALLATION OF UNDERGROUND SUBSTRUCTURES, CONDUIT, AND SERVICE WORK REQUIRED FOR UTILITY UNDERGROUNDING FOR THE PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01 (CONTRACT NO. C24460). Mr. Conlon reported that Old Business Items A, B, and C were all related to the Highlands Utility Undergrounding Assessment District. Upon question by Mayor Ferguson, Mr. Erwin responded that all three items could be considered jointly, and because Councilman Spiegel had a conflict of interest with them, he would be absent while they were being considered. 21 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Councilmember Benson asked if all affected parties were notified of the deferral program. Mr. Conlon responded that Mr. Gibson and staff mailed out letters to property owners in this Assessment District. The letter informed them of the new deferral program approved by the City Council at the last meeting. Councilmember Benson moved to, by Minute Motion, authorize: 1) Award of the subject contract to Herman Weissker, Inc., Bloomington, California, in the amount of $4,711,744.43 and the Mayor to execute same; 2) the Director of Finance to appropriate $4,711,744.43 for the subject contract and authorize the appropriation of a 5% contingency for the project in the amount of $235,587. Motion was seconded by Kelly and carried by a 3-0 vote, with Spiegel ABSENT. B. REQUEST FORAPPROVAL OF SOUTHERN CALIFORNIA EDISON WORK ORDER FOR PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01 (CONTRACT NO. C24460A). Old Business Items A, B, and C were considered jointly. Please see related discussion with Item A, above. Councilmember Benson moved to, by Minute Motion: 1)Approve Southern California Edison Work Order #REL05125196, J.O. #3629, for the undergrounding work in the amount of $815,853.45; 2) authorize the Director of Finance to appropriate $815,853.45 from Unobligated Assessment District No. 04-01 Bond funds. Motion was seconded by Kelly and carried by a 3-0 vote, with Spiegel ABSENT. C. REQUEST FOR APPROVAL OF VERIZON WORK ORDER FOR PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01 (CONTRACT NO. C24460B). Old Business Items A, B, and C were considered jointly. Please see related discussion with Item A, above. Councilmember Benson moved to, by Minute Motion, authorize: 1) Approval of Verizon Work Order No. 7P001-ED in the amount of $364,974.84 for the phone system wiring and equipment required for the subject project; 2) the Director of Finance to appropriate $364,974.84 from Unobligated Assessment District No. 04-01 Bond funds. Motion was seconded by Kelly and carried by a 3-0 vote, with Spiegel ABSENT. 22 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 D. REQUEST FORAPPROVAL OF REIMBURSEMENTTO DEVELOPER FOR IMPROVEMENTS BUILT ON BEHALF OF THE CITY OF PALM DESERT ON PARCEL MAP NO. 30502 (WAL-MART) (Rothbart Development, Applicant). Mayor Pro Tem Kelly moved to, by Minute Motion, approve the subject reimbursement in the amount of $100,000 to Rothbart Development, Los Angeles, California. Motion was seconded by Spiegel. Responding to Councilmember Benson's question if approval of this item created consequences on what would be done with the identification sign at this project, Councilmembers responded that this was a separate issue dealing with the offsite improvements. Mayor Ferguson called for the vote, and the motion carried by a 4-0 vote. XIII. PUBLIC HEARINGS A. CONSIDERATIONOFTHEABANDONMENTOFEXCESSPUBLIC UTILITY EASEMENT AT 73-591 FRED WARING DRIVE UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE CALIFORNIA STREETS & HIGHWAYS CODE (Suresh C. Shah, Applicant). Engineering Manager John Garcia reported that staff was unable to produce information for this item and requested it be continued to the next meeting. Upon question by Mayor Ferguson, Mr. Erwin clarified that this item was related to a 5- or 10-foot public utility easement on Dr. Shah's commercial building. Mayor Pro Tem Kelly requested a map be provided for the City Council to view the location. Mayor Ferguson declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. No public testimony was offered, and he left the public hearing open. Councilman Spiegel moved to, by Minute Motion, continue the public hearing to September 14, 2006. Motion was seconded by Kelly and carried by a 4-0 vote. 23 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 B. CONSIDERATION OF THE VACATION OF A PEDESTRIAN WAY KNOWN AS LOT"U," LOCATED BETWEEN HIGHWAY 74 FRONTAGE ROAD AND OCOTILLO DRIVE UNDER PROVISIONS OF PART3, DIVISION 9, OFTHE CALIFORNIA STREETS & HIGHWAYS CODE (Mathew Moiseve, Voyager Construction, Applicant). Mayor Ferguson reported that staff requested this item also be continued to the next meeting. Mayor Ferguson declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. MR. MATHEW MOISEVE, Applicant, stated he was available for any questions. Mr. Erwin said this was a 5- or 10-foot pedestrian way that ran between residential-type lots, which was unnecessary. In response to Mayor Ferguson's questions, he replied the item was being continued because a map was not produced for the City Council. Mayor Ferguson remarked that he shared his colleague's frustration in that the public was notified of a meeting, there was nothing in the packet that informed them of what the Council was doing, and the Council didn't even have a map. Mr. Erwin agreed. Mayor Ferguson left the public hearing open. Councilman Spiegel moved to, by Minute Motion, continue the public hearing to September 14, 2006. Motion was seconded by Kelly and carried by a 4-0 vote. C. REQUEST FOR APPROVAL OF A PRECISE PLAN TO CONSTRUCT AN 86,000 SQUARE-FOOT, TWO-STORY MEDICAL AND GENERAL OFFICE BUILDING, WITH TWO-LEVEL PARKING STRUCTURE, AND A HEIGHT EXCEPTION TO ALLOWARCHITECTURAL PROJECTIONS UP TO 38-FT. 10-IN. HIGH ON A 4.53-ACRE SITE LOCATED AT 73-650 DINAH SHORE DRIVE Case No. PP 05-26 (Promontory Development LLC and Holt Architects, Applicants). Councilmember Benson requested the 38-foot building height exception be defined. Associate Planner Francisco Urbina pointed out the building on the overhead display and identified the height exception. He reported that the project architect was available and prepared to provide a Power Point presentation of their exhibits and colored perspective drawings that were included in the 24 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 City Council's agenda packets. Upon question, he said the project backed up to the railroad tracks with a two-level parking structure in the rear. Mayor Ferguson declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. With no public testimony offered, he declared the public hearing closed. Councilman Spiegel commented that since the railroad track was at the back of the building, it wasn't obscuring anyone's view from anything. He thought it was a good-looking project. Councilman Spiegel moved to waive further reading and adopt Resolution No. 06-120, approving Case No. PP 05-26, including building height exception, subject to conditions. Motion was seconded by Kelly. Councilmember Benson wanted to make sure that the height exceptions were only at the two entrances. Mr. Urbina confirmed the height exceptions were only at the entrances at 38 feet high to allow architectural projection. He pointed out and described in detail the variations of the canopies, metal trellises, and louvered metal screen walls at 33 feet high. He added that the majority of the building was 29 feet high, which was below the 30-foot height limit. Councilmember Benson stated the drawing she had showed a long red building that sat between two others and wondered what it was. MR. JOHN HOLT, Holt Architects, responded by pointing out the clerestory feature on the south side and the lobby on the north side of the building. The building she inquired about sat in the middle; the projection covered mechanical equipment underneath and was the highest section of the whole building at 38-feet, 10-inches high. Upon further question, he replied the section over the doorways was 33-feet 4-inches high. He noted the whole building would be office use. He continued to answer a series of questions relating to the height exceptions of the project. Mayor Ferguson called for the vote on the motion, and it carried 3-1, with Councilmember Benson voting NO. 25 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 D. REQUEST FOR APPROVAL OF A PRECISE PLAN/CONDITIONAL USE PERMIT TO CONSTRUCT A 100,500 SQUARE-FOOT MIXED-USE RETAIL/OFFICE CENTER WITH A TWO-STORY PARKING STRUCTURE; AN EXCEPTION TO REDUCE THE FRONTAND REARYARD SETBACKS FROM 32 FEET AND 30 FEET TO 10 FEET; A HEIGHT EXCEPTION TO ALLOW BUILDING HEIGHTS UP TO 34 FEET;AN EXCEPTION TO ALLOW A SECOND SINGLE-FACED, FREESTANDING SIGN ON A STREET FRONTAGE LESS THAN 1,600 FEET; AND APPROVAL OF A TENTATIVE PARCEL MAP TO SUBDIVIDE 6.10 ACRES INTO 13 PARCELS — 75-300 GERALD FORD DRIVE Case Nos. PP/CUP 06-03 & TPM 34437 (Smith Consulting Architects and Gerald Ford Business Park, LLC, Applicants). Associate Planner Francisco Urbina reported the project involved construction of eleven buildings with a total of 100,000 square feet. There are five buildings along Dinah Shore Drive that will be one-story high, and the six buildings to the rear will be two-story. He reviewed the staff report in detail, pointing out all the height exceptions, including the freestanding sign for a 1,600 linear street frontage. The street frontage on this project was a little less than 700 feet, and the Applicant was requesting two single-faced, freestanding signs at a 45-degree angle at each entrance. Staff agreed that it would create a more dramatic impact to the main entrance and make it easierfor motorists to read traveling eastbound orwestbound on Gerald Ford Drive. Although the area was zoned industrial, staff believed the superior site plan, project signage, and superior architecturejustified granting setback and height exceptions for a retail/office building. Staff recommended approval based on the conditions of approval attached to the staff report. In response to Mayor Pro Tem Kelly's inquiry about space left for a bike path, Mr. Drell confirmed the full length of the pedestrian/bicycle/golf cart path was from Freedom Park up to and through the projects on Dinah Shore Drive to the Monterey Avenue Interchange. He said this project was not blocking the approved pedestrian path. Upon further question, he replied the same was being done with the previous project presented earlier this evening from Cook Street to Monterey Avenue. Councilmember Benson asked what the height was to the top parking structure. Mr. Urbina replied that it was 29 feet to the top of the trellis on the second level; other parts of the walls were at 25-feet, 5-inches. Councilmember Spiegel commented this project could be quite successful with restaurants, retail, and offices. He asked about an acceleration/deceleration lane on Gerald Ford Drive. 26 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Mr. Drell answered that although the renderings made the lanes appear close together, there are actually three right-of-way lanes. Referring to the perspectives, Mayor Ferguson commented that the landscaping on the north elevation, facing Interstate 10, was probably illustrative, but he asked if the project had been through the Landscape Beautification Committee. Mr. Urbina replied that it had, adding that the landscape he was referring to was for the parking structure. Mayor Ferguson related that when driving through Moreno Valley, one can view the back end of the mall and see a bunch of cluttered tenant signs that looked awful. He was concerned about that happening with this project; although he understood the commercial need for appropriate, tasteful signage, he would like this project to go through the Landscape Beautification Committee for a rigorous review of the signage to ensure it was tasteful. Mr. Drell responded that as far as he knew, there were to be no signs; the project was not entitled to any on the parking structure. He said typically, since it's a parking and not a business structure, it would not have a sign, so no tenant signs were approved. He appreciated the Mayor bringing this to his attention. Mayor Pro Tem Kelly questioned whether or not if a sign was approved if it would break up the look of the building. Mr. Drell explained that the back row of trees were a large canopy-type and would block signs. Upon further question by Mayor Ferguson, Mr. Drell confirmed there would be no signage at the rear of the building. He said that was his understanding and would continue to be if that was Council's desire. Further responding, he said the site plans show a continuous row of trees along the entire back of the project. Mayor Ferguson asked if the developer would mind going through the Landscape Beautification Committee on conditional approval. Mr. Urbina responded that the Applicant would like to keep the option open of having signage attached to the north elevation parking structure. Mayor Ferguson said the Applicant could always come back and ask for it. Mayor Ferguson declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. 27 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 MR. WAYNE GURALNICK, Applicant, stated he fully intended to return with a separate application for signage on the parking structure that would include tasteful landscape. He has lived in Palm Desert for 30 years and would like the building to be pristine, because his office would be in it; he wouldn't want it looking like Moreno Valley, an Auto Mall, or the like. He understood he would have to return to the City and go through the Landscape Beautification Committee before any signage could be done. Mayor Ferguson asked Mr. Guralnick if he had a problem with no signage, leaving the option open for him to return and apply for it separately. MR. GURALNICK said he thought the condition meant signage would be admitted subject to Landscape Beautification Committee approval. Mr. Drell explained that it would need to go back to the Architectural Review Commission. MR. GURALNICK stated that at the Council's discretion, he would like to have his project go through the Architectural Review Commission and have the professionals on the artistic side make that determination, but if Council wished to reserve jurisdiction over it, it was their call. He added that the project architect was available to answer any questions related to the structure or layout of the project. With no further public testimony offered, Mayor Ferguson declared the public hearing closed. Mayor Pro Tem Kelly said he felt the same way about this project as he did about the previous one—he thought it was good-looking and understood the need for extra signage in front because of the building's size. The City's signage policy was based on motorists passing by and being able to see the store right in front. With this project, he felt the situation was a little bit more complex and believed iextra signage was justified. Councilman Spiegel said he didn't have a problem with signage on the front of the building, but he did have a problem with signage on the parking facility. When driving down the freeway, he didn't like to see signs and didn't feel they were necessary. Councilman Spiegel moved to, waive further reading and adopt Resolution No. 06-121, approving Case Nos. PP/CUP 06-03 and TPM 34437, including exceptions for building setbacks and height, and two freestanding single-faced signs, with the understanding that any additional signage requested by the Applicant will be subject to Architectural Review Commission consideration and that the Landscape Beautification Comm ittee will review the landscaping plan for the project. Motion was seconded by Kelly. 28 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Councilmember Benson felt this project was a good-looking one because it was condominium-like, separated, and didn't look like a prison, unlike the previous project presented. She felt the subject project was the kind of building the City Council was looking for in that area. Mayor Ferguson reiterated his request for any signage being considered by the Architectural Review Commission. He asked that pictures be provided to the City Council prior to Architectural Review, so that it can have ample time for review and asked for the Applicant's confirmation that he would honor this request. Mr. Guralnick agreed. Mayor Ferguson called for the vote on the motion, and it carried by a 4-0 vote. XIV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None 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. DSUSD/General Patton Desert Traininq Center — Councilman Spiegel noted that City Councilmembers all received a letter from Col. Paul Kiener and Dr. Doris Wilson, requesting the City contribute $2,500 toward an educational program on World War II for Desert Sands Unified School 29 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 District students. He felt it would be money well spent and asked for his colleagues' concurrence. Councilman Spiegel moved to, by Minute Motion, add this consideration to the agenda. Motion was seconded by Benson and carried by 4-0 vote. Councilman Spiegel moved to, by Minute Motion, approve the requested contribution in the amount of$2,500. Motion was seconded by Benson and carried by 4-0 vote. o City Council Committee Reports: None o City Council Comments: None XV. ORAL COMMUNICATIONS - C None XVI. ADJOURNMENT With City Council concurrence, Mayor Ferguson adjourned the meeting at 5:35 p.m. JIM FERGUSON, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 30