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HomeMy WebLinkAboutPRELIM - CC - 05/10/07 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 10, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:05 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilmember Cindy Finerty Councilman Jim Ferguson arrived at 3:08 p.m. Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Amir Hamidzadeh, Director of Building & Safety Lauri Aylaian, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Doug Van Gelder, Director of Information Systems Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment 8� Housing Frankie Riddle, Director of Special Programs Travis Witten, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./CDF Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS� MR. DON THOMPSON, resident of Portola Avenue, Palm Desert, addressed the City Council about four residential properties at the intersection of Portola Avenue and Fred Waring Drive. He said last week they met with Mayor Kefly about the matter, which had become unbearable for them with traffic congestion that sometimes backs up in front of their homes as far as Rutledge, and the corner there needed to be improved. He asked for the City Council's favorable consideration of the request for purchase of their properties. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 43-915 Portola Avenue, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Dianne Dorrough Under Negotiation: x Price x Terms of Payment 2} Property: 43-845 Portola Avenue, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Don and Dorothy Thompson Under Negotiation: x Price x Terms of Payment 3) Property: 43-895 Portola Avenue, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Rudy Perez Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, Ltd., v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC053903 b) City of Palm Desert v. Hempie's, Inc., Riverside County Superior Court Case No. INC066628 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: Carlos L. Ortega/City of Palm Desert Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, Mayor Kelly adjourned the meeting to Closed Session at 3:10 p.m. He reconvened the meeting at 4:05 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA- Councilman Jim Ferguson VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MR. EARL GREIF, Rancho Mirage, CA, related he was a Holocaust survivor and asked the City Council to consider making a contribution to the Tolerance Education Center he was proposing to build on a parcel of land he'd recently purchased in the area. He was very involved in educating the public about the effects of hatred and bigotry and the indescribable atrocities that occurred in Europe during the Holocaust. His proposal would include offering funded field trips to students throughout Riverside County to promote greater understanding. He read from a prepared statement, which was received for the record and is now on file with the City Clerk's Office. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE KAREN OPPENHEIM FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS ARCHITECTURAL REVIEW COMMISSION. Ms. Oppenheim was unable to be present at this meeting. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 B. PRESENTATION TO RECOGNIZE RIC MANDELBAUM FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS MARKETING COMMITTEE. On behalf of the City Council, Mayor Kelly presented Mr. Mandelbaum with a crystal pendulum clock in appreciation for the time he spent on the City's Marketing Committee. C. PRESENTATION TO RECOGNIZE DAVID GARCIA ON HIS BEING ELECTED TO THE NATIONAL ACADEMY OF TELEVISION ARTS & SCIENCES (NATAS) PACIFIC SOUTHWEST CHAPTER - GOLDEN CIRCLE. On behalf of the City Council, Mayor Kelly recognized Mr. Garcia for his many accomplishments over the years and presented him with an engraved brass platter commemorating his most recent honor. Mayor Kelly noted Mr. Garcia was also a current and active member of the City's Parks & Recreation Commission. D. PRESENTATION TO RECOGNIZE SENIOR DETECTIVE JANET RUBIEN FOR HER MANY YEARS OF DEDICATED SERVICE TO THE RESIDENTS OF THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly congratulated and presented Senior Detective Rubien with a unique, blown glass statue, recognizing her total of 30 years of service with the Riverside County Sheriff's Department and the Palm Desert Substation. E. PRESENTATION OF PROCLAMATION RECOGNIZING TRIO-EL PASEO'S 10T"ANNIVERSARY IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly presented framed proclamation to Leo and Debra Fenn, honoring their store for being in business on Palm Desert's EI Paseo since 1997. F. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF MAY 20-26, 2007, AS "NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly recognized all the Public Works Department staff members in the audience and presented Public Works Director Mark Greenwood with the framed proclamation honoring their important contributions to the City's success. 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 G. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE —APRIL 2007. On behalf of the City Council, Mayor Kelly and Mr. Ortega honored Ahmad Karimi, Jay Niemczak, and Missy Wightman for their exemplary service. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. H. CONSIDERATION OF APPOINTMENT TO THE CITY OF PALM DESERT ARCHITECTURAL REVIEW COMMISSION. Councilman Ferguson moved to, by Minute Motion, appoint Nancy DeLuna to the Architectural Review Commission to fill the vacancy created by the resignation of Karen Oppenheim, with a term expiration of December 31, 2007. Motion was seconded by Spiegel and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 26, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 211, 215, 216, 220, 221, and 226. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Desert Falls Country Club, 1111 Desert Falls Parkway, Palm Desert. Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of March 27, 2007. 2. Parks & Recreation Commission Meetings of March 6, March 20, April 3, and April 17, 2007. 3. Public Safety Commission Meeting of March 14, 2007. Rec: Receive and file. 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 E. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal - Miscellaneous Office Furnishings(Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, declare the existing furnishings in the Parkview Office Complex Conference Rooms 105 and 115, Civic Center Redevelopment Offices of the Director of Redevelopment& Housing and the Housing Authority Administrator as surplus property, and authorize staff to donate the items to the YMCA and other non-profit organizations within the Coachella Valley. F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Replacement of Carpet at the Desert Willow Golf Resort Clubhouse (Contract No. C26480). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. G. REQUEST FOR APPROVAL of Service Contract for Destruction of Confidential Documents (Contract No. C26490). Rec: By Minute Motion, approve the subject contract with Shred-It, Corona, California, and authorize the Mayor to execute same. H. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) for Participation in the 2-1-1 Riverside County Program (Contract No. C26500). Rec: By Minute Motion: 1)Authorize the Mayor to execute the subject MOU between the Volunteer Center of Riverside County and the City of Palm Desert as it relates to participation in the 2-1-1 Riverside County Program; 2) appropriate $5,350.15 from the Unobligated General Fund to Account No. 110-4159-415-3090 for this purpose. I. REQUEST FOR AWARD OF BID for the Purchase of Two Replacement Pick-up Trucks. Removed for separate consideration under Section VII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 6 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 J. REQUEST FOR APPROVAL of the Purchase of Planning and Engineering Software from Sungard HTE. Rec: By Minute Motion, approve the purchase of Planning and Engineering software solution from Sungard HTE in the amount of $46,200 and applicable taxes — funds are available in Account No. 110-4190-415-2120. K. CONSIDERATION of Requestfrom Palm Desert Chamberof Commerce for the 2007 Putt Putt on EI Paseo. Rec: By Minute Motion, approve the request from the Palm DeseR Chamber of Commerce for the use of City streets,three City Courtesy Carts, and waiver of fees for two Code Compliance Officers and two Police Officers associated with production of the 2007 Putt Putt on EI Paseo scheduled to be held on Wednesday, July 11. L. CONSIDERATION of Legislative Review Committee Action — AB1069 (Cook)—Abandoned Property. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 24, 2007, and direct staff to prepare a letter of support for the Mayor's signature with regard to A61069 (Cook). M. CONSIDERATION of Legislative Review Committee Action — AB1470 (Huffman) — Solar Energy. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 24, 2007, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB1470 (Huffman). N. CONSIDERATION of Legislative Review Committee Action — SB642 (Negrete-McLeod) — Unemployment Compensation Benefits. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 24, 2007, and direct staff to prepare a letter of support for the Mayor's signature with regard to SB642 (Negrete-McLeod). 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 O. CONSIDERATION of Legislative Review Committee Action — SCAS (McClintock) — Local Government Finance. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 24, 2007, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SCAS (McClintock). P. REQUEST FOR APPROVAL of Out-of-State Travel for the 2007 Western Chapter International Society of Arborists Annual Conference. Rec: By Minute Motion, approve request for the Landscape Specialist to attend the subject Conference to be held in Honolulu, Hawaii, July 28 - August 1, 2007 — funds are available in Account N o. 110-4614-453-3120. Q. INFORMATIONAL REPORT on the Fred Waring Drive Soundwall Project Between California Avenue and Washington Street (Project No. 654-01). Rec: Receive and file. Mayor Kelly commented that he recognized the stone veneers that fell off the soundwall were re-glued, but if the rest weren't re-glued, they will eventually fall off too. Both Mayor Kelly and Councilman Ferguson asked that Item I be removed for separate consideration under Section VII, Consent Items Held Over. Upon motion by Spiegel, second by Ferguson, the remainder of the Consent Calendar was approved as presented by a 5-0 vote. Upon a motion by Benson, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, Consent Calendar Item R was added to the agenda. R. CONSIDERATION of Proposed Legislation - AB1634 (Levine) — California Healthy Pets Act. Mayor Pro Tem Benson stated Assembly Bill 1634 would be going to the Senate next week, and the Animal Campus Committee asked the City of Palm Desert to take a position. It was also requested that individual cities send a letter in support for the automatic spaying and neutering for animals, which will help reduce the current euthanasia rate. 8 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 Mayor Pro Tem Benson moved to, by Minute Motion, direct staff to prepare a letter of support for the Mayor's signature with regard to A61634(Levine). Motion was seconded by Spiegel and carried by a 5-0 vote. XI. CONSENT ITEMS HELD OVER I. REQUEST FOR AWARD OF BID for the Purchase of Two Replacement Pick-up Trucks. Mayor Kelly stated there had to be a way to find alternative fuel vehicles, and as a result of this item, he wrote a letter to the City's representative on the South Coast Air Quality Management District. He felt since they made a lot of regulations, he thought they should do something to make sure opportunities were available to purchase alternative fuel vehicles. Councilman Ferguson agreed. He said the City of Palm Desert had always been on the forefront, with examples such as the Energy Conservation Program and Drought-Tolerant Ordinance, yet year after year, the City continued to purchase fossil fuel-generated vehicles for its fleet. He's heard staff say Compressed Natural Gas (CNG) vehicles weren't available and difficult to fuel, but in good conscience, he couldn't continue to approve fossil fuel vehicles. He said he would start voting no until something could be figured out. Responding to the availability of CNG vehicles, Mayor Kelly responded the staff report indicated they were not, and he didn't know if that was accurate; but if the City kept buying fossil fuel-generated ones, the CNG vehicles will never be available. Mr. Greenwood stated the issue with non-gasoline vehicles was maintenance. He said vehicles would need to be serviced in Riverside, because there was not a local maintenance facility, and it was costly to shuttle them back and forth. On the other hand, staff budgeted Hybrid SUVs to replace some pick-up trucks,which was one way that staff was addressing the fuel issue. Councilman Ferguson shared he attended the U.S. Conference of Mayor's last spring in Chicago, and that city took the policy to never buy fossil fuel vehicles for their fleet. He said if the City of Palm Desert needed to hire someone knowledgeable about performing maintenance, it would still be cheaper than the cost of the truck. He didn't want to go as far as forbidding the purchase of fossil fuel vehicles, but he, Mayor Kelly, and in prior years, Councilman Crites, requested natural gas vehicles, and it never happened. He said Council would start voting no, and if the issues were maintenance or driving to Riverside, staff would need to find a fix for it. 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 Responding to question about how often CNG vehicles needed to be serviced, Mr. Greenwood replied their maintenance historywas not good and guessed they would need to be serviced twice as often as the fossil fuel vehicles, which was twice a year. Mayor Kelly disagreed that CNG vehicles required more maintenance because that was not his experience. Councilman Spiegel moved to,deny staff's recommendation and direct staff to seek CNG vehicles. Motion was seconded by Ferguson. Mayor Kelly commented that if the City needed to wait a year for one to be developed, then it should. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1137 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESCRIBING THE PALM DESERT REDEVELOPMENTAGENCY'S PROGRAMTOACQUIRE REAL PROPERTY BY EMINENT DOMAIN. Mr. Ortega noted the Agency has no more authority to acquire property by eminent domain. Nonetheless, the City was required by law to adopt the subject Ordinance. Upon question, he confirmed it would not be used. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1137 to second reading. Motion was seconded by Ferguson and carried by 5-0 vote. For Adoption: Upon a motion by Spiegel, second by Benson, and 4-0 vote of the City Council,with Finerty ABSENT, Ordinance No. 1135 was added to the Agenda. 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 A. ORDINANCE NO. 1135 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AMENDING DEVELOPMENT AGREEMENT 96-1 AS IT RELATES TO A 300-TIMESHARE DEVELOPMENT, 215 CURRENTLY ENTITLED UNDER THE EXISTING DEVELOPMENT AGREEMENT Case No. DA 06-03 As It Relates to Case Nos. PP/CUP 06-17 and TT 35426 (Starwood/WVC Rancho Mirage, Inc., Applicants). Acting Principal Planner Tony Bagato noted that in March the Precise Plan was approved by Resolution, and the first reading of the Ordinance was also approved. At the last Council meeting, staff was directed to put up story poles at the site. He said the story poles were erected and believed Council had an opportunity to view them. He noted the Applicant was available to answer questions. Councilman Spiegel moved to, by Minute Motion waive further reading and adopt Ordinance No. 1135. Motion was seconded by Ferguson. Councilman Ferguson said he was the one who requested the story poles, because he was uncomfortable guessing whether the buildings would be visible or not. After viewing them, he was convinced the buildings would not be a visual impediment to anyone. He thanked the Applicant for their willingness to put the story poles up. Mayor Kelly called for the vote, and the motion carried by a 3-2 vote, with Benson and Finerty voting NO. XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM CONSIDERATION FUNDS FOR "20 EL PASEO" LOCATED AT 73-020 EL PASEO, PALM DESERT (20 EI Paseo, LLC, Applicant). Mr. Ortega stated this was one of those cases where the amount exceeded what staff could authorize and was being presented to Council for approval. He said the staff report provided justification for the recommendation and offered to answer questions. Project Administrator Bryce Lynn W hite confirmed this program would cover all of Palm to Pines East, except the south side of the building where there were a couple of restaurants, as Councilman Spiegel noted. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 Councilman Spiegel moved to, by Minute Motion, approve $60,000 in Facade Enhancement Program (FEP) consideration funds for "20 EI Paseo" located at 73-020 EI Paseo, Palm Desert. Motion was seconded by Ferguson. Responding to Councilman Ferguson's question, Mr. White replied staff's limit for approval was $40,000. Upon further question, Mr. White agreed to propose increasing the amount if that was Council's direction. The motion carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM CONSIDERATION FUNDS TO XLNT VETERINARY CARE, INC., FOR "ELDORADO ANIMAL HOSPITAL" LOCATED AT 74-320 HIGHWAY 111, PALM DESERT (Nancy Creek, Applicant). Councilman Ferguson moved to, by Minute Motion, approve $60,000 in Facade Enhancement Program (FEP) consideration funds to XLNT Veterinary Care, Inc., for "Eldorado Animal Hospital" located at 74-320 Highway 111, Palm Desert. Motion was seconded by Finerty and carried by a 5-0 vote. C. CONSIDERATION OF ARTWORK BY PHILLIP SMITH, III, FOR THE MONTEREY POINTE PROJECT (Pacific Pointe Partners, Applicant). Councilman Spiegel moved to, by Minute Motion: 1) Approve "Infinity Column" designed by Phillip Smith, III, for the Monterey Pointe project located at 34-390 Gateway Drive, Palm Desert; 2) appropriate $80,000 from Account No. 436-0000-312-2700 for future reimbursement as part of the Art In Public Places art component fee. Mayor Pro Tem Benson noted Mr. Phillip Smith was in the audience ready to provide a presentation of his artwork that the AIPP overwhelmingly supported. MR. SMITH presented a maquette of the sculpture for Council to view. Mr. Twedt went on to describe the art piece, noting it lit up internally and externally and would be situated between two of the Monterey Pointe buildings facing Dinah Shore Drive. Councilman Ferguson seconded the motion, and it carried by a 5-0 vote. 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 D. REQUEST FOR APPROVAL OF DESIGNS FOR THE PAINTING OF THREE TRAFFIC SIGNAL BOXES ON EL PASEO. Councilman Spiegel moved to, by Minute Motion: 1) Accept and approve the designs by Maria Hunt and Marcy Gregory for the painting of three traffic signal boxes on EI Paseo; 2) approve the commission of $1,500 for two artworks by Maria Hunt and the commission of $750 for one artwork by Marcy Gregory — funds are available in Account No. 436-4650-454-3092. Motion was seconded by Benson and carried by a 3-2 vote, with Ferguson and Finerty voting NO. E. REQUEST FOR AWARD OF CONTRACT FOR DEVELOPMENT OF A NEW CITY OF PALM DESERT E-GOVERNMENT WEBSITE(CONTRACT NO. C26510). Mr. VanGelder stated the current website was five years old, and staff was looking to improve the quality of the site and the ability to manage it. Currently, the City had to contract with a company for any changes made to the website. The new website will allow staff to manage and update it. Staff intends to freshen up the look, make it more appealing, and add newer technologies to manage it. When the original website was implemented, staff was just trying to get something going for the next two or three years, and it was now five years later. He said a couple of Councilmembers were able to view some of those ideas before staff decided to move forward. Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract to Vision Internet in an amount not to exceed $46,405; 2) approve additional funds in the amount of $20,065 for optional additional components; 3) approve $10,000 for potential design changes that may arise during the website development; 4)authorize the Mayor to execute said contract; 5) appropriate said funds from the General Fund. Motion was seconded by Spiegel and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON GERALD FORD DRIVE AND COOK STREET (CONTRACT NO. C26520). Responding to question, Mr. Erwin replied he had no concerns with the item. He said it was his understanding the subject funds were not being reimbursed from the City; funds were collected from other people, and the City was acting as a conduit. Responding to Councilman Spiegel's question about whether the project went out to bid. Mr. Greenwood replied it was not publicly bid. He said the developerwas building a multi-million dollarcommercial project on his parcel where the City's drainage easement went across the developer's property. Since the City had drainage problems on Gerald Ford Drive and 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 maintenance and reconfiguration work needed to be done on the mid-valley channel, staff saw this as an opportunity to have all the work done by the developer. Staff believed it was at a reasonable cost to the City, since the cost would be shared with the developer. Responding to question, Mr. Erwin agreed this was allowed without having to go out to bid. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute the subject agreement with J. W. Design and Construction, Inc., San Luis Obispo, California, and appropriate $262,810 from Unobligated Fund 420 to the project. Motion was seconded by Ferguson and carried by a 5-0 vote. G. REQUEST FORAUTHORIZATION TO INITIATE PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR THE PALM DESERT CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2007/08. Mr. Ortega noted the staff report to initiate the subject process. Mayor Pro Tem Benson moved to waive further reading and adopt: 1) Resolution No. 07-31, initiating proceedings for the levy and collection of annual assessments for the Palm Desert Consolidated Landscape and Lighting District for FY 2007/08; 2) Resolution No. 07-32, declaring the intent to levy and collect annual assessments forthe Palm Desert Consolidated Landscape and Lighting District, and granting preliminary approval of the Engineer's Report for FY 2007/08. Motion was seconded by Spiegel and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN TO CONSTRUCT A 2,486 SQUARE-FOOT,TWO-STORYOFFICE PROFESSIONAL BUILDING WITH A 30-FOOT TOWER — PROPERTY LOCATED AT 73-141 FRED WARING DRIVE Case No. PP 07-03 (Prest / Vuksic Architects, Bob and Marilyn Ford, Applicants). Acting Principal Planner Tony Bagato stated the property was located on the south side of Fred Waring Drive between two existing office buildings. The 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 property is zoned office professional; a two-story building, 2,486 square feet, with eight parking spaces to the rear of the building were being proposed. Part of the constraint was that the property is surrounded by two existing developments. It was designed with a driveway underneath to get to the parking in the back. The project complied with all development standards of the zone as well as the provision for a height exception for towers. The top tower is 30 '/z feet, and a smaller tower is at 26 feet. The Architectural Review Commission believed the towers were needed to enhance the design, and the Applicant incorporated them. The ARC voted in favor of the design and the subject request. Responding to the location of the subject project, Mr. Bagato noted the building was across from the McCallum Theatre, next to the dentist office, and currently had a green construction fence around it. Councilman Ferguson asked what was the actual vote of the ARC. Mr. Bagato replied the ARC voted 6-0. The Planning Commission voted 3-2, with two Commissioners having concerns with the tower elements. He noted other projects off Fred Waring were approved with height exceptions. Councilman Ferguson asked if the Ford's were the same Applicants that filed an application on Portola pursuant to the City's request for a single-story office professional that was eventually turned down, and Mr. Bagato confirmed they were the same Applicants. Mayor Kelly declared the public hearing open and invited anyone who wished to come forward to speak on the subject case, to do so at this time. MR. DAVID PREST, Prest/VuksicArchitects,San Pablo, Palm Desert, stated he didn't have anything to add, he noted the Applicant was available to answer questions. With no further testimony offered, Mayor Kelly declared the public hearing closed. Mayor Pro Tem Benson stated she didn't know if the Applicant got direction for it, but the tower element didn't add anything to the building. She thought if there was a tower on both sides of the building it would be far better looking. Councilmember Finerty noted Commissioner Limont's comments about the difficulties of trying to fit something onto a small lot, make it look nice and still be functional. She felt the building didn't fit, that it was medieval looking in nature, and she was opposed to the height exception. She said the City had standards for a reason and didn't know why buildings couldn't be made to meet them, especially along Fred Waring Drive. 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 Councilman Ferguson concurred and did so reluctantly because he felt the City had put the Ford's through a lot. He didn't have a problem with the height, he had a problem with the architecture, he, too, thought it was medieval looking. He liked the left side of the building, but the canopy on the right side didn't add anything to it nor did the driveway in the middle. The only other building he knew of where people drove underneath to park their car was on the corner of Monterey and Fred Waring Drive, and he never thought that was an attractive building. Councilman Spiegel didn't remember seeing one like this in Palm Desert and thought it was unusual to have this type of building on a small lot with such an opening. He thought it made more sense to build a two-story and have the driveway on the side to get to the parking in the rear. He asked the Applicant if they considered that option. MR. PREST explained the design of the building was generated by the fact that it was a small lot, and access to the back of the building was not granted to them by either neighbor. Upon further question, he said in the initial discussions with the City, they understood it would be very difficult to obtain access from either neighbor, so they didn't design it that way. The only other alternative was to build a one-story building all the way to the back of the site and have the parking in front. Since there was no common access with the adjacent properties, it was decided that it was better to have the building in the front with no parking showing, and entering through the middle was really their only option. Councilman Spiegel asked if staff talked to the neighbors to see if there could be a joint-usage agreement. Mr. Bagato replied that both those properties had conditions of approval, and reciprocal access agreements were supposed to have been recorded. He said the documents couldn't be found in the Public Works records, so staff was looking to get title reports ordered to see if they were ever filed. He said after talking to the City Attorney and Assistant City Attorney Bob Hargreaves, they said the City needed to get those agreements so they can be enforced. The agreements date back to 1989 with the Cultural Center Building and 1996 with the dentistry building. He said the matter was being addressed anyway because the Fire Marshal needed access to the rear of the building because their trucks wouldn't fit underneath as proposed. Councilman Ferguson said it's been the City's policy to mandate reciprocal easements for parking at the back of those buildings to reduce the number of ingress and egress points among major arterials. He knew there were problems on Monterey and some other projects prior to the policy being in place, but along Fred Waring Drive there were no offices 10 years ago. He 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 found it difficult to believe there were no reciprocal easements for parking from the two adjacent properties. Mr. Bagato stated there were conditions of approval for it, but the recorded document cannot be found. Staff will need to check with the title recorder to see if they were recorded. If they were, they can be enforced. He's spoken with the City Attorney about having the condition implemented after the fact if they were not recorded. Responding to Councilmember Finerty, Mr. Bagato replied it was up to the Planning Department to make sure conditions are implemented before building permits are released. He noted those agreements were in 1989 and 1996, and he couldn't respond as to what happened because he was not employed by the City at that time. Mayor Kelly stated he was the lone ranger because he thought the building had pizzazz and thought it looked good in that location. He didn't think.it was anything like the one on the corner of Monterey and Fred Waring, because this building didn't have parking underneath. He would hate to send the Applicant back to redo the whole thing. Councilmember Finerty thought it was unfortunate the Applicant went through all the trouble before the reciprocal easement issues were addressed. Upon question by Councilman Spiegel, Mr. Erwin suggested continuing the matter for two weeks and try to find the documents during that time. And if the documents are not found, at least meet with the adjacent property owners to determine why the documents weren't recorded and get them done now. Councilman Ferguson stated since the City was responsible for the delay, he suggested the City work out an arrangement with the Ford's and their Architect, so they not suffer adverse financial harm. He pointed out the Planning Department had a personnel turnover,and this matter probablywas just overlooked. Mayor Kelly stated Council couldn't continue to blame it on turnovers and that Council was responsible. Councilman Ferguson and Councilmember Finerty agreed. Councilman Spiegel moved to, by Minute Motion, continue the public hearing to the meeting of May 24, 2007, and directed that any additional expenses incurred by the Applicants as a result of the delay be borne by the City of Palm Desert. Motion was seconded by Ferguson and carried by a 5-0 vote. 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 XVIII. REPORTS AND REMARKS A. CITY MANAGER None 6. CITY ATTORNEY None C. CITY CLERK 1. Consideration of Request to Schedule a City Council Study Session on June 14, 2007, at 2:30 p.m. to Receive a Presentation on the Palm Desert High School Renovation. Ms. Klassen asked Council about scheduling the subject Study Session. Councilman Spiegel noted Councif will be very impressed with the new high school, and it's worth seeing. With City Council concurrence, staff was directed to schedule the subject Study Session. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o Citv Council Requests for Action: None 18 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2007 o Ci� Council Committee Reports: 1. Coachella Valley Animal Campus Commission - Mayor Pro Tem Benson reported that at this morning's meeting, a member of the public came forward about a dog being euthanized. As a result, she said the Commission is looking into the matter and has some suggestions to improve the procedure so that the appropriate notifications can be made befo�ehand. o Citx Council Comments: 1. Recoanitions for Councilman Spiectel-Mayor Kelly announced that on the evening of May 15, Councilman Spiegel would be recognized with Desert Sands Unified School District's Hall of Fame "Lighthouse Award". Additionally, on Tuesday evening this week, Councilman Spiegel and Senior Management Analyst Patricia Scully were each recognized with the "Award of Excellence" from Ronald Reagan Elementary School. XIX. ADJOURNMENT With City Council concurrence, Mayor Kelly adjourned the meeting at 5:07 p.m. RICHARD S. KELLY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 19