HomeMy WebLinkAboutPRELIM - CC - 10/11/07PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 11, 2007
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Kelly convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Mayor Pro Tem Jean M. Benson
Councilman Jim Ferguson
Councilmember Cindy Finerty
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
Mark Greenwood, Acting ACM for Development Services
Justin McCarthy, ACM for Development Services
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Lauri Aylaian, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
David Yrigoyen, Director of Redevelopment & Housing
Frankie Riddle, Director of Special Programs
John Rios, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff’s Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
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Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1) Property: APNs 627-071-025, 627-071-024, 627-074-006
Negotiating Parties:
Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owners: Wing Lam Shou
Timothy Palmer
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) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County
Superior Court, Case No. CIV 80790; DCA No. E023514
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Conference with Labor Negotiator pursuant to Government Code
Section 54957.6:
Negotiating Party: Carlos L. Ortega/City of Palm Desert
With City Council concurrence, Mayor Kelly adjourned the meeting to Closed
Session at 3:01 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 - Mayor Pro Tem Jean M. Benson
VII. INVOCATION - Councilman Robert A. Spiegel
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VIII. ORAL COMMUNICATIONS - B
MR. MICHAEL BRACKEN, Palm Desert, CA, thanked the City for being one of the
major sponsors of the California State University, San Bernardino - Palm Desert
Campus Golf Classic. The Eighth Annual event was held in late April at the Classic
Club and raised in excess of $55,000. Now that the new school year was underway,
he could report that as a result of all of CSUSB’s scholarship activities, a total of
$168,000 was awarded to students. Fourteen (14) students were from Palm Desert,
and he would provide the Mayor’s Office with a letter confirming their names. He
presented a plaque recognizing the City’s sponsorship to Mr. Ortega and noted that
the 2008 Tournament was scheduled for Monday, April 21, at the Classic Club.
MR. DICK BAXLEY, Palm Desert, CA, said he was before the City Council on behalf
of the Commercial Real Estate Brokerage Community, a number of whom were in
attendance today as well. They had found that they were in violation of the City’s
Sign Ordinance, which they understood and wanted to do whatever was necessary
in order to be good neighbors. He’d read the Ordinance and, as it was also pointed
out to him, it was a fairly old regulation; it permits one, 3' x 4' sign for every 200
lineal frontage feet of building, and if less than 200 feet, it was limited to a 3' x 3'
square sign. He said not only does it have an impact on how they’ve been operating
for 20 years without it being noticed, but their clients were also very concerned
because they wanted their vacancies filled or property sold with some degree of
visibility. They were requesting a group be formed so that they could work with the
City and review the Sign Ordinance, ensuring that they fairly address both the issues
important to the City and the community, and to the commercial clients in order to
achieve an updated ordinance. He suggested the group include City officials, sign
companies, the brokerage community, and anyone else felt to be appropriate for the
task.
Mayor Kelly asked that the City Manager’s Office handle this request.
MR. ROB BALLEW, Family YMCA of the Desert, announced they were celebrating
their 25th Anniversary in the Desert with their headquarters in Palm Desert. He said
each day there were 1,700 kids in their Child Care Program and 400 in the Sports
Programs offered from 29 sites in the Coachella Valley currently, seven in
Palm Desert. They felt the City of Palm Desert had been more than a wonderful
partner to the YMCA, and he expressed sincere appreciation. As part of this week’s
celebration, they would be holding their Family Fun Day on Saturday, October 13,
from 3:00 p.m . to 6:00 p.m. in Palm Desert Civic Center Park, and he thanked City
Parks Staff for assisting them in the arrangements for use of the Park, with
attendance anticipated at nearly 700.
MR. PETER RITTENHOUSE, Executive Director of the Joslyn Senior Center of the
Cove Communities, 73-750 Catalina Way, Palm Desert, said he was appearing
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before the City Council in order to offer an apology to them and to City staff. He
was sorry for the amount of time spent over a misunderstanding about the parking
area at the Senior Center and the need to share it with their neighbors at Catalina
Gardens. He further expressed apologies to the folks at Catalina Gardens and
noted their comments had been taken to heart – the Senior Center will be
discontinuing the actions that had angered them. Responding to Mayor Kelly’s
question about the Senior Center’s Meals On Wheels Program, he said they were
dealing with the cost of the product, which had gotten quite expensive at around
$5.50/day. The most they could charge 90% of their clients was $5.00/day, with
over half of the people they serve being subsidized. He said they would love to talk
with City officials about finding another vendor who could provide a high-quality
product, such as from a hospital, school, or university.
Mayor Kelly offered to meet with Mr. Rittenhouse to discuss the situation and find
a solution. He asked Mr. Rittenhouse to call his office for an appointment.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF
OCTOBER 7-13, 2007, AS “FIRE PREVENTION WEEK” IN THE CITY OF
PALM DESERT.
This presentation was deferred until Section XVIII - Reports and Remarks,
during Item D - Public Safety - Fire Department at this meeting. Please see
that portion of the Minutes for resulting action and remarks.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 27, 2007.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 75, 83, and 84.
Rec: Approve as presented.
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C. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Landscape Beautification Committee Meetings of May 16, 2007, and
June 20, 2007.
2. Marketing Committee Meeting of July 17, 2007.
Rec: Receive and file.
D. REQUEST FOR RATIFICATION of the City Manager’s Approval of Awarding
Park Overseeding Bid to Vintage Associates, Inc.
Rec: By Minute Motion, ratify the City Manager’s approval of awarding the
Park Overseeding Bid to Vintage Associates, Inc., Bermuda Dunes,
California, in an amount not to exceed $20,280 – funds are available
in Account Nos. 110-4610-453-3320, 110-4611-453-3320, and
276-4374-433-3320.
E. REQUEST FOR RATIFICATION of Agreement to Lease, Install, and Maintain
Lighted Holiday Decorations to be Placed Within the Medians at El Paseo
(Contract No. C27030).
Rec: By Minute Motion: 1) Ratify the City Manager’s decision to enter into
an agreement with Western States Holiday Decorating,
Bermuda Dunes, California, in the amount of $2,950 to lease, install,
and maintain lighted holiday decorations for placement within
El Paseo medians; 2) appropriate $2,950 from the Unobligated
General Fund to lease, install, and maintain holiday decorations along
El Paseo for the 2007 Holiday Season.
F. REQUEST FOR APPROVAL of Mark Stephenson as Curator of the 2008/09
El Paseo Invitational Sculpture Exhibition (Contract No. C27040).
Rec: By Minute Motion: 1) Approve Mark Stephenson as curator of the
2008/09 El Paseo Invitational Sculpture Exhibition; 2) award
Mr. Stephenson an honorarium in the amount of $10,000 for this
purpose – funds are available in Account No. 436-4650-454-4002.
G. REQUEST FOR AUTHORIZATION to Award Contract to Robert S. Valdivia
for Concrete Work at Desert Willow Golf Resort (Contract No. C27050).
Rec: By Minute Motion, authorize award of the subject contract to
Robert S. Valdivia, La Quinta, California, in the amount of $49,020 –
funds are available in Account No. 241-4195-495-8092.
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H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26280 –
Painting of the Exterior and Courtyards at the Parkview Office Complex
Located at 73-710 and 73-720 Fred Waring Drive (Southwest Coatings, Inc.,
San Pedro, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
I. CONSIDERATION of a Request for Funding of the 2008 Easter Bowl Junior
Tennis Tournament.
This item removed for separate consideration under Section XI - Consent
Items Held Over. Please see that portion of the Minutes for discussion and
action.
J. REQUEST FOR APPROVAL of the Possession and Consumption of
Alcoholic Beverages, Street Closures, Waiver of Sound Ordinance, Sale of
Merchandise, and Closure of a Portion of Civic Center Park in Connection
with the 2007 Art of Food & Wine Festival, November 8-11.
Rec: By Minute Motion, authorize the following, all in connection with the
2007 Art of Food & Wine Festival: 1) Permit the possession and
consumption of alcoholic beverages on City-owned property; 2) permit
the closure of El Paseo for 24 hours; 3) waive the 9:00 p.m. curfew for
amplified sound; 4) permit the sale of logo-ed merchandise on City-
owned property; 5) authorize fencing of the Amphitheater area of Civic
Center Park.
K. INFORMATIONAL REPORT Relative to Contract No. C22013 – Third
Amendment to the Agreement for Law Enforcement Services Between the
County of Riverside and the City of Palm Desert.
Rec: Receive and file.
Councilmember Finerty requested Item I be discussed separately.
Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with
Ferguson ABSENT, the remainder of the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
I. CONSIDERATION of a Request for Funding of the 2008 Easter Bowl Junior
Tennis Tournament.
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Councilmember Finerty commented that she wished to discuss this item
separately, because it was one of three similar requests for funding on
today’s agenda. She was aware of the City’s Outside Agency Funding
Committee but felt it may be better to ask staff to develop another process
for considering the numerous requests that come into the City after that is
completed, suggesting that it also be made part of the annual budget
process. She clarified that the request from RSVP later on the agenda was
a separate matter, since it was strictly a volunteer organization. While the
Easter Bowl and Virginia Waring events were wonderful, she inquired if there
was a way to keep track of all the money being spent, which was what she
thought the Outside Agency Funding Committee did.
Mayor Kelly noted that the subject Easter Bowl request was probably not
appropriate for Outside Agency Funding consideration.
In response, Mr. Gibson said funding requests were typically categorized as
either special events or contributions to an agency for funding programs or
a specific project it was undertaking. Further responding, he said within the
requests considered by the Outside Agency Funding Committee, there were
the Community Development Block Grants (CDBG) (Federal grants) and
then the City’s contributions. He said as far as the additional requests for
funding special events throughout the year, those funds were being
expended from the separate Community Promotions Budget.
Mayor Kelly pointed out the subject request was considered more of a
promotion and had, therefore, been considered by the City’s Marketing
Committee for its recommendation.
Upon question, Mrs. Gilligan responded that Marketing Committee funds
were not being requested here and added that opportunities, such as the
Easter Bowl request, came to the City throughout the year. She said staff
agreed it would be best if all requests came in at once and could be included
in a single recommendation during the annual budget request. However,
they came in at various times and through various sources, including City
Councilmembers. She explained that if it’s a marketing event and
participants are spending their dollars in Palm Desert at restaurants, shops,
and hotels, the request is taken to the Marketing Committee to determine the
value. Easter Bowl’s request was denied last year; this year they presented
documentation showing how many hotel rooms were filled and how many
dollars were spent in the City of Palm Desert. Therefore, the Marketing
Committee felt there was a benefit to be realized but recommended a
significantly lower amount of funding than was originally requested for the
event. She went on to say that the Virginia Waring Piano Competition was
also considered a marketing tool; it’s an event that takes place in
Palm Desert, and the particular request on today’s agenda is not for the
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event itself but for a fund-raising dinner associated with it, which the City has
funded in the past. She said in order to handle the requests that come in
throughout the year in the future, it would require the City to establish a policy
and to notify requesters that there would be a deadline. She added that both
she and Marketing Manager Kristy Kneiding go through several requests
each week, which are then culled for their marketing benefit to the City; staff
would welcome a definite Outside Agency-type policy for this purpose.
Councilmember Finerty appreciated the explanation, adding that since staff
sounded as though it was a proponent of such a policy, she asked if they
could be directed to return with one.
Councilman Ferguson interjected that he was equally concerned. While the
City was very generous, giving away millions of dollars each year through
CDBG, Outside Agency Funding, and ad hoc requests to charitable
organizations throughout the City and the Coachella Valley, it seemed to him
that it had become standard operating procedure to get these last-minute
requests for money without adequate analysis. He realized that both the
Easter Bowl and Virginia Waring requests went through the Marketing
Committee but pointed out that the Virginia Waring event had been around
for many years, and he emphasized that their request could have been part
of the annual budget or Outside Agency Funding processes. Additionally,
he’d been told the Easter Bowl had made a request the past five years, but
this was the first time the Marketing Committee suggested making a
contribution. He said it would be nice if other organizations were handled like
the Schools’ Parent Groups, which are given a lump sum up front, and
activities (i.e., student competitions requiring travel out of the area) requiring
funding throughout the year are to go to that fund first. He also noted that
there were three funding requests this meeting and two at the last meeting
totaling more than $100,000; they were all worthy, yet they came up last
minute with no real staff work-up. He would prefer seeing staff make a
recommendation that goes to Outside Agency Funding, then the Mayor and
Mayor Pro Tem that year can go through all the requests and make their
recommendation to the City Council. Otherwise, the City Council would be
giving out money on a whim with no real budget oversight, which troubled
him.
Mayor Pro Tem Benson believed there needed to be a subcommittee of City
Councilmembers and staff to look at all of the CDBG, Outside Agency
Funding, Marketing, and miscellaneous requests. It needed to be decided
whether or not there should be a specific fund set aside for extra requests,
and when that pot was gone, there was a legitimate reason to deny them.
She added that the recent requests, like the Easter Bowl and Palm Springs
Art Museum, should be reviewed in order to determine if another category
should be set up in the budget, agreeing that they were not eligible for CDBG
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or Outside Agency where the other non-profits and continuous year programs
were reviewed. She felt it needed to be decided how much money should be
dedicated for charitable requests each year; the reviewing subcommittee
would then do its work and be done, rather than playing games each time a
request came in. The money was either available or it wasn’t. She felt an
average of past years’ requests would be a good starting point.
Councilman Ferguson suggested that since the existing Mayor and Mayor
Pro Tem served on this year’s Outside Agency Funding Committee, they
should take a look at the requests from: 1) Palm Springs Art Museum;
2) Palm Desert Middle School Charter Fund, which was previously approved
but deserved review in relation to a new policy; 3) Easter Bowl; 4) RSVP;
5) Virginia Waring Piano Competition.
Mayor Pro Tem Benson offered that there should be categories that
specifically call for Marketing Committee review or that go directly to the City
Council; for instance, where the Easter Bowl may not be viewed as
marketing, the Palm Desert Art of Food & Wine should be. Responding to
question, she didn’t think only the five aforementioned requests should be
reviewed, all of them should be in order to plan for the future. She didn’t
suggest reconsidering the Palm Springs Art Museum request though,
because that event had already taken place. However, she felt since it was
early, there should be a fund set aside for requests for the remainder of the
fiscal year, and there should be a separate group for reviewing them.
Councilmember Finerty agreed that a such fund should be set up in order to
achieve control; she liked the idea of establishing an amount at the beginning
of the year, and when it was exhausted, that was it. She offered to serve on
a Council subcommittee for this purpose.
Mrs. Gilligan suggested establishing a specific criteria for requests through
this process, as has been done for Marketing, and it could be returned to City
Council for approval.
Responding to comment, Councilman Spiegel noted that City Council would
be asked to continue the Virginia Waring request, because the presenters
weren’t available at this meeting. He noted, however, that the Easter Bowl
requesters made a presentation to the Marketing Committee, and because
of the people it brings to stay, shop, and eat in Palm Desert and the tax
dollars generated, the Committee recommended approval of the request to
City Council.
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Councilman Spiegel moved to, by Minute Motion, concur with the Marketing
Committee’s recommendation to: 1) Support the 2008 Easter Bowl Tennis Tournament in
the amount of $5,000; 2) appropriate said funds from the Unobligated General Fund to
Special Events, Account No. 110-4416-414-3061; 3) make a finding that this event provides
a financial benefit to the City of Palm Desert. Motion was seconded by Kelly and carried
by a 3-2 vote, with Ferguson and Finerty voting NO.
XII. RESOLUTIONS
A. RESOLUTION NO. 07-67 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, VACATING A STORM DRAIN
EASEMENT, DESIGNATED AS “EASEMENT D,” IN THE REMAINDER
PARCEL OF TRACT NO. 27882-1 UNDER PROVISIONS OF DIVISION 9,
PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE
STATE OF CALIFORNIA, AND ACCEPTING A REPLACEMENT
EASEMENT AND AGREEMENT (The Robert Mayer Corporation, Applicant).
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 07-67. Motion was seconded by Finerty and carried by a 5-0 vote.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1141A - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT
AND BERNARD INVESTMENT GROUP, ATTACHED AS EXHIBIT A –
14-UNIT SENIOR CITIZEN APARTMENT COMPLEX LOCATED AT
73-811 SANTA ROSA WAY Case No. DA 07-01 (Bernard Investment Group/
Ken Bernard, Applicant).
Councilmember Finerty moved to waive further reading and adopt Ordinance
No. 1141A. Motion was seconded by Benson and carried by a 5-0 vote.
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B. ORDINANCE NO. 1143 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE
NO. 705 § 1 (PART) AND APPROVING A NOTICE OF EXEMPTION AND
AN AMENDMENT TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE
PALM DESERT MUNICIPAL CODE, REPLACING CHAPTER 10.50 - VALET
PARKING - TO CHANGE THE PROCEDURES FOR ISSUANCE OF VALET
PARKING PERMITS, AND TO REVISE THE PENALTIES FOR FAILURE TO
COMPLY WITH REQUIREMENTS OF THE ORDINANCE (City of
Palm Desert, Applicant).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1143.
Motion died for lack of a second.
Councilman Ferguson noted he was not present when this ordinance was
introduced. However, he’d since talked to some of the merchants and
property representatives on El Paseo, specifically Churchill Management,
David Fletcher, and Fred Fern, in connection with the new Gucci and
Ralph Lauren stores, both of which have requested valet parking. He added
that Daily Grill also has a need for valet parking, because they’re on a hill that
a lot of people have difficulty negotiating. While understanding the reason
for this specific amendment to the Code, he believed the entire section
needed review because of what Gucci and Ralph Lauren stores wanted to
do, which he believed was prohibited under the existing ordinance. There
was also the issue of prohibiting any charge for valet parking and how to
handle people who wanted to charge. If the Valet Parking Ordinance needed
updating, he felt this version missed a lot.
Councilman Spiegel believed the real issue was whether or not someone on
the street could charge for valet parking, which the City did not currently have
anywhere else. He said it was a source of pride that you could park in Palm
Desert and not pay for it, there were no parking meters. He felt if it were to
be opened up to something like parking valet on the street for pay but not if
you didn’t, the City would be going down the same road and encounter the
same problems as they did at The River in Rancho Mirage.
Responding to Councilman Ferguson’s comment about valet parking on
private parking lots for a fee and not using public streets to make money,
Mayor Pro Tem Benson added that was also her understanding. She’d been
asked why the City allowed the Marriott to charge for valet parking; Mr. Fern
would be parking the cars on private property behind the Daily Grill, not on
the public street.
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Councilman Spiegel and Mayor Kelly responded that Marriott used its own
private property, and Mr. Fern was proposing to have his valet stand on the
curb of the City street.
Ms. Aylaian confirmed that the aforementioned valet drop-off would be in the
public right-of-way, then the car would be parked behind in their parking lot,
noting that the Daily Grill was a separate operation altogether. She said
they’re looking at both sides of the street–for Polo on the north side of the
street, the drop-off would be in the public right-of-way, then the valet would
take the car around to the north side to the parking lot there. The existing
ordinance prohibits valets in a public right-of-way, which is what the curb
drop-off would be. Additionally, she said the aforementioned north parking
lot actually has a public parking easement over it.
Councilman Ferguson reiterated his desire to look at the ordinance again and
take care of everyone before rushing to second reading.
Mayor Pro Tem Benson concurred and said her concern after talking to
Mr. Fern was that there would be others along El Paseo that would want to
do the same thing, resulting in a virtual road block there because of it.
Councilmember Finerty agreed but believed the City was going to have
businesses like Gucci and Polo that request valet parking, since El Paseo
was known for attracting the high-end clientele that desire it. If it would help
make them successful, it was in the City’s best interest too. She said if the
average person, like her, didn’t want to use the valet parking or didn’t shop
in those stores, they didn’t have to and weren’t asked to pay anything to park;
it’s only a service to those customers. But she understood that Polo’s and
Gucci’s throughout the country offered this amenity.
Mayor Pro Tem Benson thought this should be re-looked at based on what
the El Paseo Merchants wanted.
Responding to question about how long it would take staff to work with the
Merchants or any other interested groups, Ms. Aylaian felt it could be done
quickly, because she suspected there would be uniform support for paid valet
parking. However, she also felt it was a policy decision that required
sufficient analysis, as the City Council would likely be confronted with bigger
issues regarding parking throughout El Paseo.
Following more discussion about a mutually acceptable date, Mayor Pro Tem
Benson moved to, by Minute Motion, continue consideration of Ordinance No. 1143 to work
out the issues connected with Valet Parking to the meeting of November 8, 2007. Motion
was seconded by Finerty and carried by 4-1 vote, with Kelly voting NO.
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XIV. NEW BUSINESS
A. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC
NUISANCE FOR PALM DESERT MOBILE ESTATES LOCATED AT THE
SOUTHWEST CORNER OF PORTOLA AVENUE AND THE WHITEWATER
STORM CHANNEL Case No. 07-369 (Mark Bessire/Palm Desert Mobile
Estates, Appellant).
Senior Code Compliance Officer Pedro Rodriguez stated that Palm Desert
Mobile Estates has been operating and renting an RV (Recreational Vehicle)
storage area on their property to RV owners who do not reside within the
Park. He reviewed the printed staff report for this item, highlighting that
mature tamarisk trees on property owned by the Coachella Valley Water
District (CVWD) formerly screened this existing, non-conforming use.
According to Palm Desert Municipal Code Chapter 25.22, RV storage areas
are allowed within a mobile home park with a Conditional Use Permit, which
is now required since the trees were removed. After numerous complaints
from Palm Desert Mobile Estates (PDME) that they were a hazard, CVWD
removed the trees from their property, exposing the RV storage area. After
multiple attempts, he said the City was unsuccessful in gaining cooperation
of the property owner to bring it into compliance or to negotiate a resolution
that would mitigate the public nuisance. Therefore, staff recommended that
the City Council uphold the Code Compliance Division’s determination to
require that PDME remove the non-permitted RV storage area and the tent
canopies and/or obtain a Conditional Use Permit and a Business License to
operate the storage area.
Responding to Mayor Kelly’s comment that he thought staff was going to
return to the City Council with a report about how a 12-foot tennis court-type
fence could be installed in this area, Mr. Ortega agreed, adding that staff is
working on those plans and costs but did not have time to prepare something
to appear in this agenda packet immediately after the last meeting.
Mayor Kelly expressed great disappointment that most everyone believed
there would be a report on the solution to this issue between all parties by
this meeting.
Councilman Ferguson agreed. He felt an excellent proposal had been
crafted at the last meeting, whereby the four parties involved could all
participate in an equitable solution that recognized no one entity had 100%
of either the responsibility or fault, and all would pitch in with money to make
it work. But in the subject instance, it sounded like the City was taking an
enforcement action and pressing a legal position, which may disenfranchise
one of the four parties so that they would not want to participate, and the
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whole settlement would fall apart. If the City was inclined to move forward
with that position, he would request readjourning to Closed Session. He
didn’t think a case couldn’t be both fought and settled at the same time.
Mayor Kelly reiterated that he, too, felt an agreement had been negotiated
with Chaparral Country Club, and all that was needed was the cost to do it.
As far as the subject matter with PDME not having a permit, that was another
issue altogether, which should be prosecuted anyway. But in the meantime,
the desire was to put something up to protect the residents at Chaparral.
In response to Mayor Kelly’s question, Chaparral residents in attendance
agreed that they felt it had been settled at the last meeting as well.
Ms. Aylaian commented that at the time of the last meeting, City staff had
already issued the Notice to Abate, which was appealed. Therefore, City
Council was obligated to hear the appeal within a specified period of time,
and it was being considered as a separate action. Simultaneously, staff was
also looking into cost of the proposed solution, and she thought
Mr. Greenwood had some information available. Although, as Mr. Ortega
indicated, staff did not have time to prepare a written report because of the
deadline for producing this City Council agenda packet.
Responding to question about how long it would take to return with a
proposal for the tennis court-type fencing, Mr. Greenwood said it could be
done at the next meeting.
Upon Councilman Ferguson’s inquiry about the time constraint for acting on
the appeal and whether or not the Appellant or his representative were in
attendance, staff responded that the Appellant wasn’t present.
Further responding, Mr. Erwin said the timing issue was that the appeal must
come before the City Council, and he affirmed that the matter could be
continued.
MR. CHARLES AUTTERSON, Chaparral Country Club, Palm Desert, said
as was stated in earlier presentations before the City Council, his commitee
of the Chaparral Board of Directors had an estimate for the cost of the fence,
but he realized that other estimates would be required. However, with his
background as an experienced and licensed General Contractor in the State
of California, he felt comfortable with the estimates he received for this
project from two local, longtime fencing providers, Allen Fence and Sam’s
Fence Company. Responding to question about the prices, he said the Allen
Fence bid was $46,765.00, including the wind screen. The bid from Sam’s
Fence was $59,690.00, with wind screen, and he went on to detail other
specifics from the bids for fencing. He submitted copies of the estimates for
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the record (received and now on file with the City Clerk’s Office). He went on
to display and submit a photograph of existing fencing at PDME, of which he
wasn’t sure the City was aware. Lastly, he was glad the City was also
working on the possibility of PDME moving the storage area to its vacant
property.
MS. GAYE AUTTERSON, Chaparral Country Club, Palm Desert, first
commented that the Portola Avenue Bridge dedication on Saturday,
October 6, was extraordinary. However, she said the one issue that hadn’t
yet been addressed with PDME was that the RV storage area included two
enormous spotlights, one on either end, and compared their brightness to
that of Yankee Stadium. She said they were not hooded to concentrate
illumination on the storage area; consequently, they lit up the entire north
bank of the wash (Chaparral Country Club), and she asked for this matter to
be addressed as well.
Mayor Kelly acknowledged the issue and responded that staff would look into
the lights.
MR. BILL SCHUMACHER, Chaparral Country Club, Palm Desert, said he
strongly supported the work done by staff, particularly thanking
Mr. Rodriguez. He related that they’d met with a representative of the Mobile
Home Park several months ago, who was totally non-responsive. He likened
their method of doing business to someone working out of their garage, but
the garage door fell off when the trees were removed. He believed it would
be most appropriate that the City Council deny the appeal, noting the
Appellant wasn’t even present at this meeting. He also commented that it’s
been said that PDME owned the property free and clear, and all the money
collected was pure profit, other than taxes and insurance. Therefore, he felt
there was no excuse for their running such a shoddy operation. He reiterated
his support for requiring a Conditional Use Permit once the mess was
cleaned up; if another mess resulted after the Permit was issued, there would
be a way to enforce it. He wanted PDME to clean up their act and behave
in a businesslike manner.
MR. JOHN BART, Palm Desert, said his comments had already been
covered by the prior speakers.
Councilmember Finerty moved to, by Minute Motion, continue this item to the
meeting of October 25, 2007.
Responding to Councilman Spiegel’s question, Mr. Erwin confirmed that it
would be appropriate to continue this matter and also combine it with the
report on the fencing/screening for Palm Desert Mobile Estates that will be
coming back to the City Council.
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Councilman Ferguson seconded the motion to continue to October 25, 2007,
observing that one could catch more flies with honey than they could with vinegar, and if
Palm Desert Mobile Estates was being asked to participate in the amount of around
$12,500, disparaging remarks made against them would not provide an incentive for
cooperation. He added that a great settlement was at hand, and he was asking for
continuance on the appeal, not to weigh in on its merits, but in an effort to try to reach a
settlement on the matter that may make the appeal a moot point. The motion carried by
5-0 vote.
B. REQUEST FOR AWARD OF CONTRACT IN THE AMOUNT OF $315,120
FOR PARK MAINTENANCE SERVICES (CONTRACT NO. C26380A).
Upon question, Parks Facilities Manager Jay Niemczak said since there was
not a contract in place currently, staff was bidding out the work that needed
to be done as necessary, i.e., overseeding, mowing, etc.
Councilman Spiegel moved to, by Minute Motion, award the subject contract in the
amount of $315,120 to Kirkpatrick Landscape Services, Inc., Indio, California, and authorize
extra work and supplies at the rate specified in the contract, in an amount not to exceed
$52,000 – funds are available in the FY 2007/08 Budget in the various Park Maintenance
Accounts. Motion was seconded by Ferguson and carried by a 5-0 vote.
C. CONSIDERATION OF “DESERT GATEWAY TUMBLING WEED” DESIGN
AS THE PUBLIC ART COMPONENT FOR THE DESERT GATEWAY
PROJECT LOCATED AT 34-140 TO 34-940 MONTEREY AVENUE,
PALM DESERT (RJ Ventures, Applicant).
Councilman Ferguson moved to, by Minute Motion: 1) Approve the design “Desert
Gateway Tumbling Weed” as the public art component by Heath Satow for the
Desert Gateway Project located at 34-140 – 34-940 Monterey Avenue, Palm Desert;
2) appropriate $110,000 from Account No. 436-0000-312-2700 for future reimbursement
for said public art component.
Councilman Ferguson went on to comment that since it was the Applicant’s
money, and their art choice on their property, he would support it, but it didn’t
represent his taste.
Responding to Councilman Spiegel’s question about where the subject
artwork would be sited, Public Arts Manager Richard Twedt replied he
understood it would be installed in between the Sam’s Club and WalMart
stores on a large walkway; it would not be near the street. Further
responding to question of whether or not there has been talk of installing
artwork near the new Kohl’s, Petsmart, and Ashley Furniture stores at Desert
Gateway, he said he had not specifically been contacted by those projects
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yet. At this point, the Art In Public Places fees that they were required to pay
when pulling their permits remained in the Fund.
Councilman Spiegel and Mayor Kelly felt it would be appropriate to try to site
a public artwork in the vicinity of Kohl’s, Petsmart, and Ashley, and Mr. Twedt
agreed to look into it.
Councilman Spiegel seconded the motion to approve staff’s recommendation, and
it carried by a 5-0 vote.
D. CONSIDERATION OF A REQUEST FOR FUNDING OF THE 2008
VIRGINIA WARING PIANO COMPETITION BLACK AND WHITE BALL.
Councilman Spiegel asked his colleagues to consider continuing this item to
the next meeting.
Councilman Spiegel moved to, by Minute Motion, continue this matter to the meeting
of October 25, 2007. Motion was seconded by Ferguson and carried by 5-0 vote.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. CONSIDERATION OF THE CITY OF PALM DESERT - BERMUDA DUNES
SPHERE OF INFLUENCE REVIEW REQUEST FROM THE RIVERSIDE
COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO).
Mr. Ortega explained that this item was coming back to the City Council
because it had previously taken action directing staff to redo the feasibility
study to see whether or not the City wanted: 1) To either consider annexation
of Bermuda Dunes or tell LAFCO that the City did not intend to annex the
area; 2) to release the area from Palm Desert’s sphere of influence. He
called attention to the updated study and staff report and offered to answer
questions. Responding to question, he said based on the fiscal feasibility,
staff would not recommend annexing the area due to the large deficit in
capital funding and the lack of revenues produced by the area for providing
City services. Further responding, he said if the City Council chose not to
proceed with the annexation, staff would recommend letting LAFCO know to
remove it from Palm Desert’s sphere of influence. However, he offered that
the City Council could consider another alternative – annexing Bermuda
Dunes contingent upon a satisfactory agreement with the County, which is
the entity that works out the details to make the City whole, and staff has that
primary recommendation in its report.
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Councilman Ferguson said that in reading the analysis, it appeared to be a
worst-case scenario of the fiscal impact of annexing Bermuda Dunes
immediately; whereas, the original question was whether or not the City
wanted to remove them from its sphere of influence. He agreed with
Councilman Spiegel’s comments in the newspaper yesterday, that it was
pretty hard to argue with the numbers; however, the subject report was
missing the best-case scenario, with the reasonable truth to be found
somewhere in between. While he wasn’t sure he wanted to go down that
road, he liked the City Manager’s option of considering annexing Bermuda
Dunes if it makes financial sense for the City at some point in the future. He
acknowledged that some of his colleagues may differ and not want to annex
Bermuda Dunes under any circumstances, but precluding it from Palm
Desert’s sphere of influence and, thus, the consideration of ever annexing it
was premature and may bind future City Councils to a position they may or
may not agree with. He didn’t think the City was forced to make the decision
either way right now. If LAFCO wants to remove it, they can, but it shouldn’t
be because there was a set of numbers that says it’s now seven and a half
times worse than it was eight years ago, without the same actual increase
experienced in commensurate City services. This led him to question if only
the worst case was presented instead of a balanced report.
Councilman Spiegel said he didn’t disagree with Councilman Ferguson.
However, with the tax dollars generated and formation of Redevelopment
Areas when Palm Desert Country Club was annexed, it resulted in a financial
plus for the City. He felt something like annexing the very large
Bermuda Dunes area should have all the facts presented and go to a vote of
the people of Palm Desert.
Councilmember Finerty interjected that in order for it to go to a vote of the
residents, she believed staff would first need to negotiate with the County, as
it had previously indicated the possibility of providing a considerable financial
investment for major renovation of Bermuda Dunes. She felt those numbers
should be in place prior to putting it before the people.
Responding to Councilman Spiegel’s question, Mr. Ortega replied that the
City could get an advisory vote from the community.
Mayor Pro Tem Benson said she felt the same way about increasing the
City’s boundaries east of Washington Street for Bermuda Dunes as she did
about increasing them north of I-10, it wasn’t necessary. She believed it
would be at least another 15-25 years before the City should even consider
looking to do that; the City has enough to take care of within its existing
boundaries. She would support releasing Bermuda Dunes from the City’s
sphere and letting La Quinta and Indio fight over it. La Quinta was already
up on the border there now, and they wanted LAFCO to contact Palm Desert
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about its intentions, because they wanted to locate low/moderate income
housing there. She didn’t think Palm Desert needed this territory–it didn’t
make sense originally, there isn’t a formal application from Bermuda Dunes,
and she felt it was wrong to encourage those residents that the City would
look at it again, only to likely deny it. Further, she didn’t think it was
necessary to ask Palm Desert residents; the City Council has enough
knowhow and was elected to decide what the boundaries would be, adding
that it didn’t go to a vote on annexing any other area, like going beyond I-10.
If a community vote was needed for every thing the City Council was
supposed to decide, the Council wasn’t needed.
Councilmember Finerty suggested that staff go to the County, show them the
feasibility study, get their comments on it, and negotiate what they’re willing
to do to assist the City financially. Once they’ve come up with the best
agreement possible, then return to the City Council so that it can make an
informed decision; otherwise, it was missing a big piece of the puzzle.
Mayor Kelly felt he could already make an informed decision; he didn’t think
there was any benefit to an existing Palm Desert citizen if the City were to
annex Bermuda Dunes. He agreed that the City already had plenty to do.
Just by driving around that area, he expected the $42 million cost cited in the
staff report was way undervalued. Therefore, his druthers would be to make
a determination that the City still wasn’t interested in annexing; however, he
would be willing to go along with retaining them in the City’s sphere of
influence.
Councilman Spiegel pointed out that one of the things not discussed here
was the feeling of Bermuda Dunes residents. They’ve been asking to be
annexed by the City of Palm Desert for over 10 years–they took a vote of the
people, and they don’t want to go with Indio or be part of La Quinta–they
want to be part of Palm Desert, which should also be given due
consideration.
Councilman Ferguson appreciated Mayor Kelly’s proposal to keep Bermuda
Dunes in the City’s sphere; he didn’t think there was sufficient information
available yet to do anything else. He also agreed with Councilmember
Finerty that before any annexation could take place, the County would be
required to bring the roads up to a minimum level of service, which will be a
significant cost. Additionally, there was infinitely greater potential for
commercial/retail development along that corridor than there was otherwise
in Redevelopment Project Area No. 4 with just one shopping center. There
were also housing needs to be met, and as was illustrated during the recent
General Plan process, there is not currently enough land to meet them,
meaning the City will either have to go up or out.
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Mayor Kelly remarked that the housing requirement increased whenever
more property was taken over.
Councilman Ferguson countered that the area in question consisted of rural
estate lots, with plenty of land. He also agreed with Councilman Spiegel that
even before he was on the City Council, the Bermuda Dunes Community
Association has repeatedly said it wanted to be in Palm Desert–they asked
La Quinta, who rejected the request, preferring instead to cherry-pick the
prime spots for its housing and commercial, which disturbed him that
Palm Desert sat back and allowed that to happen. He asked his colleagues
to stop short of asking LAFCO to remove Bermuda Dunes from Palm
Desert’s sphere of influence, allow the City to work on it and get some of the
benefits from the County, explore some of the other issues he raised, and
when it is right, the Council at that time can decide whether or not they want
to annex. But right now it was just a matter of the sphere of influence only.
Mayor Pro Tem Benson noted that the County wasn’t known for being
generous in its negotiations, citing the little bit that was obtained when the
City annexed Palm Desert Country Club–the cost to the City was far greater
than that received in return after some two years of negotiating. She would
go along with leaving Bermuda Dunes in the City’s sphere but didn’t think it
should be annexed, acknowledging that, of course, those residents wanted
all the improvements and amenities available to Palm Desert residents, but
noting it would be at the City’s expense.
Councilmember Finerty moved to, by Minute Motion: 1) Direct staff to take the City’s
feasibility study on Bermuda Dunes to the County, get their comments on it, and negotiate
the best possible agreement that would assist the City financially if it were to proceed with
an annexation of the area; 2) return to the City Council with a resulting recommendation.
Motion was seconded by Ferguson.
Mayor Kelly was opposed to negotiating with the County, believing it would
be a useless exercise and would cause him to vote against the motion.
Mayor Pro Tem Benson agreed.
Councilman Ferguson withdrew his second on the prior motion and substituted it by
moving to, by Minute Motion, direct that LAFCO be informed that the City of Palm Desert
does not wish to have Bermuda Dunes removed from its Sphere of Influence; although,
Palm Desert does not wish to annex Bermuda Dunes at this point, it is not opposed to
annexing the area in the future if it is financially feasible. Motion was seconded by Spiegel
and carried by 5-0 vote.
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XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION
APPROVAL FOR TWO (2) TENTATIVE TRACT MAPS TO SUBDIVIDE
7.58 ACRES INTO 331 LOTS FOR PROPERTY LOCATED AT 73-750
COUNTRY CLUB DRIVE (APNs 620-272-014, 620-261-050, 620-251-039,
620-241-027, 620-094-026, 620-082-035, 620-131-031, 620-141-001, AND
620-151-034) Case Nos. TT 35271 and 35272 (Palm Desert Greens
Association, Applicant) (Gerhard Befeld, Appellant) (Continued from the
meeting of September 13, 2007).
Mayor Kelly reported that Palm Desert Greens had withdrawn its application
for approval on this item. Therefore, no City Council action was either
required or taken.
B. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND
CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A
NEW, 88-ROOM HOTEL AND RESTAURANT PAD, INCLUDING A HEIGHT
EXCEPTION TO ALLOW A MAXIMUM HEIGHT OF 52 FEET AT
75-144 GERALD FORD DRIVE Case Nos. PP 06-18 / CUP 06-15
(Patrick Yang, JWDA Architecture, Applicant) (Continued from the meeting
of September 27, 2007).
Associate Planner Ryan Stendell reviewed the printed staff report in detail.,
highlighting the following:
– Property currently vacant and zoned Planned Commercial Development
under the Wonder Palms Master Plan Project Area 4, which emphasizes
Planned Industrial land use but encourages a mix of retail and residential
uses under a Conditional Use Permit.
– Elevation of 162 feet likely makes the site one of the lowest in the City,
several feet lower than the pad at the northwest corner of Cook Street/Gerald
Ford, and about 90 feet lower than the Applebee’s at the corner of Cook
Street/Frank Sinatra.
– Area buildings range from single-story, commercial-industrial to the newly
constructed Valley Business Center at 39 feet-4 inches; the existing Hampton
Inn was approved at 38 feet to the parapet and 42 feet to the two tower
elements; and the two newly constructed buildings on the same block at the
Village at University Park were built at 38 feet on top of a 10-foot elevated
pad from the street curb.
– University Campus buildings are very large, with more of that nature to be
expected as the campus builds out.
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– Planning Commission considered the project at its September 4, 2007,
Meeting, and approved on a 3-2 vote, believing that the site topography,
proximity to the freeway and college, and design of the buildings being
compatible with existing structures were attributes. Commissioners Limont
and Schmidt dissented due to their general opposition to height exceptions.
– Project includes the main, four-story hotel building and one, detached
restaurant pad, and shares two main accesses off of Frankonia Court and
also shares reciprocal access with adjacent properties already in
development.
– Candlewood Hotel is an extended-stay product, with slightly larger than
average rooms, including a separate bedroom, and geared toward guests
staying between one week and a couple of months.
– Typical hotel amenities to be provided: outdoor pool/recreation area, indoor
exercise area, and covered walkway connecting the restaurant to the hotel
area.
– Orientation of buildings places largest mass at center of property, which
provides transitioning from the smaller building (restaurant) into the taller
four-story building in the middle, which Architectural Review Commission
(ARC) felt was an appropriate design.
– ARC began this process on March 13, making it very clear to the Applicant
over the ensuing four months that if four stories were to be granted, the
design had to be extraordinary in all aspects–depth of architectural elements,
colors, textures, and landscaping of the site.
– Specific Heights included the restaurant being 20 feet high to the parapet
and 28 feet to the tower. The main four-story hotel building is 44 feet-6
inches to the parapet and 52 feet to the top of the two tower elements.
– Required Parking for hotels is 1.1 parking spaces/room, plus additional
uses found on site, with this project consisting of the hotel and a restaurant.
Hotel generates the need for 97 parking spaces, and 27 are needed for the
restaurant. In past similar applications where restaurants are located on
hotel sites, City has been willing go with up to a 50% reduction of the
required parking for the restaurant, because many of the restaurant patrons
are already hotel guests. With the 115 spaces being provided by this
Applicant, the City would be allowing a 30% reduction in the required parking
for the restaurant, which staff believes is reasonable.
– Wonder Palms Master Plan requires its Project Area 4 be compared to the
Planned Industrial Zone, which allows a height limit of 30 feet, affording
Planning Commission and City Council the ability to modify those standards
through the entitlement process.
– Subject project meets all development standards except the height.
– Proposed hotel will be well situated to serve both the needs of the
community and the universities for visiting professors and administrators.
Mr. Stendell closed by stating that staff recommended approval of the
project, and he offered to answer any questions. Responding to question
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about the pad height of the Hampton Inn compared to the proposed
Candlewood Hotel, he said the Candlewood pad height is 4+ feet lower than
the Hampton Inn pad. Therefore, he displayed a rendering to illustrate if a
line were drawn between the parapet of the Hampton Inn across to the
Candlewood, it would be at an approximately even height. He added that the
52-foot tower elements on the Candlewood would be higher, but it was felt
they were justified to add architectural detail. Further responding to question
about whether the architecture had been adjusted to dress it up, he would
allow the Applicant to address that matter, with indications that they would do
whatever was necessary to make it acceptable; however, they did not have
anything to show yet. Upon inquiry, he confirmed that the alluvial plain where
the subject project would be sited drops from south to north and from west
to east. Additionally, he confirmed that if another hotel the same height as
Candlewood were to build on a site equidistant to the west of Hampton Inn,
it would be higher. However, he did not suggest using the Hampton Inn as
the bellwether for everything in the City’s northern sphere; the comparison
was being made merely because the Hampton Inn was already there and
provided an actual physical likeness to the subject project. Further
responding, he said the D’Mundo Tile Building was 35 feet high.
Councilman Ferguson felt the representative scaffolding/story poles erected
in order to provide a visual perspective for this project appeared to be the
same height as the D’Mundo Building, and, therefore, not the same height as
the proposed project.
Mr. Stendell replied there were two sets of scaffolding, and he believed the
one toward the rear of the building seemed visually quite a bit taller than the
Tile Building. He confirmed the front pole represented the restaurant height
and tower element; the rear pole contained two flags, representing the
parapet and tower element.
Mayor Kelly declared the public hearing open and invited public testimony
SUPPORTING or OPPOSING the subject cases.
MR. MICHAEL SCHAEFER, Bakersfield, CA, asked that the Candlewood
Suites project be approved, believing the project would benefit the
community, and he hoped its height wouldn’t become an impediment to
approval. He stated that the name of their firm was Meg Garden and
Associates, LLC, a small group of businesspeople passionate about the
hospitality industry, with over 100 years combined experience in it. He noted
that they recently finished a hotel project in the City of Barstow, which
received recognition from its City Council, City Manager, other non-profits,
and community leaders. He said they were fully committed to every
community they work with as both developer and operator of the hotel.
Candlewood Suites was an extended-stay hotel with the same parent
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company as Holiday Inn, and he felt it was the perfect amenity for
Palm Desert’s University District and the business community there. He said
the suites provide about 25% larger space than an average hotel room to
satisfy the special, long-term-stay needs of university and business visitors
at a price comparable or below many of the Palm Desert hotels that cater
mainly to tourists–this would be a premium product at an affordable price for
the City’s University guests. Additionally, anticipating that growth of the
University Campuses will bring some of the best educators in the world to
Palm Desert, he said their business plan was to grow along with the
Universities, noting that the site was between the University Campuses and
I-10 and calling attention to the other business uses in the immediate area.
He related that design of the hotel was the result of 16 months of work and
more than six development meetings with City officials and the Architectural
Review Commission (ARC), which reflected a far more beautiful product than
the franchise’s cost effective prototype, and overall development cost for the
subject project was estimated to be 30% higher than an average hotel. While
this hotel would be much more expensive to develop, its desert-urban
design–unique desert flavor of color and texture–fits well within the selected
business community. With no similar residential-type units in the vicinity and
a site being one of the City’s lowest, they humbly believed it was the perfect
location for this project, with sophisticated architectural design to meet Palm
Desert’s needs and great social benefit to the universities and academic
community being built in the area. Additionally, he said the Applicant had a
strong commitment to the community, all of which made the project a perfect
candidate for approval.
MR. MICHAEL SUN, Architect of JWDA Architecture, said his office
specialized in hotel design, with completion of many hotels for Hilton, Holiday
Inn, and Marriott chains. The subject project represented their third
Candlewood Hotel, with the previous two being in Bakersfield and Palmdale,
respectively, which were very successful and well accepted. He said a great
deal of time was spent designing this hotel, and they felt fortunate to have
been able to work with the City of Palm Desert and its ARC in order to
explore different design techniques and elements. He said they were very
proud of the resulting unique, desert-scape design, and he offered to answer
questions.
MR. RAY MARTIN, Landscape Designer for the project, offered to answer
questions.
MR. DAVID TURNER, Coachella Valley Engineers, Palm Desert, called
attention to Condition No. 14 on page 5 of the proposed resolution of
approval for these cases. He asked that it be amended to reflect what the
Planning Commission approved on September 4 and should state, “Including
a six-foot sidewalk to be reviewed and approved by the Public Works
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Director,” as reflected on page 8 of those meeting minutes. He said if City
Council also agreed with the change, he would like this verbiage reflected in
the final conditions of approval.
In response to question, MR. MARTIN confirmed that landscaping for the site
would be drought-tolerant, adding that the landscape plans were stringently
reviewed by the management group. He added that some of the water
features were even curtailed from the original proposal, as they were well
aware of the water issue. Further responding, he said there were initially
three water features for the project; there was currently one. It would be
similar to the rock sculpture at Gateway at the corner of Gerald Ford/Cook
Street, with a rock-covered basin because an exposed basin tended to
increase the amount of water evaporation. He added that the water feature
would also be in a shaded environment, and the evaporation calculations
were included in plans submitted to both CVWD (Coachella Valley Water
District) and the City.
Responding to question about the sidewalk, Mr. Stendell confirmed it
amounted to changing the requirement for a meandering sidewalk to a
straight sidewalk, because a straight sidewalk already existed at the location.
Therefore, staff proposed leaving the condition open to the Director of Public
Works’ determination, and he apologized for not correcting the condition in
the resolution presented here.
MR. TURNER further responded that his firm was not opposed to the
concept of a meandering sidewalk. The only reason they asked for it was
because a straight sidewalk already existed there all the way from the corner
of Cook Street/Gerald Ford Drive, across the gas station site, the proposed
restaurant and hotel sites, and the D’Mundo Tile site. Therefore, if the
project was conditioned to install a meandering sidewalk, it would only
represent about a 250-foot stretch, with everything up to it and beyond being
straight sidewalk. Since sidewalk already existed there was the reason they
asked for an amended condition.
Mr. Greenwood offered he believed it would be wasteful to remove the
existing sidewalk and proposed that the straight sidewalk be left in place.
MR. JOHN WANG likened the subject project to the way people are arranged
in a photograph, shortest to tallest, so that it’s symmetrical, and it amounted
to perspective. He felt there was no doubt that they were asking for a
variance in height here, illustrating his point by displaying a photograph he
took when leaving the hotel site today while waiting to make a left turn at the
intersection of Gerald Ford/Cook Street. He noted that at this location,
Hampton Inn was not visible from behind the Arco-AM/PM gas station, even
though it was a three-story building. Therefore, because of the site location
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and the surrounding buildings, including those to come at the University
Campuses and business area, it will serve to “bury” their hotel project, and
he asked that this be taken into consideration for approval of their height
exception request.
With no further public testimony offered, Mayor Kelly declared the public hearing
closed.
Mayor Pro Tem Benson said she wished to revisit the issue of the hotel’s
design, it was only 88 rooms but very boxy looking. Acknowledging
Mr. Stendell’s comment that the Applicant would be willing to do further work
with the design, she said when she met with Mr. Yang, she suggested that
they incorporate some type of a porte cochere at the hotel’s entrance as a
distinguishing feature, similar to the Residence Inn’s, which even includes an
artwork. She called attention to some of the other buildings along Cook
Street that have incorporated rockwork and other elements to add interest.
Whereas, the subject project only included painted stucco treatment, and she
felt it looked terrible. She believed other treatments could be applied to
enhance the front of the hotel, comparing the single-story Windemere
Building at the intersection of Cook Street/Hovley Lane that utilizes elements
to dress it up, which she felt could be carried beyond one story. Right now,
the subject project was too plain. She would rather see the Applicant put
more money into the project, reduce it by one story, if necessary, and raise
the room rate. As she told Mr. Yang, she was worried that if the rooms were
only $88, the patrons will treat the property as such; it will deteriorate faster.
She said if it had to be four stories, she would be willing to go for it in that
location, but it had to be a better-looking building first.
Councilmember Finerty noted that when she met with Mr. Yang, she, too,
suggested that he lower the project to three stories and raise the room rate.
She felt the City had done its part in the North Sphere for this type of hotel,
with the Hampton Inn, Courtyard, and Residence Inn, but when height
exceptions were considered, there was supposed to be a compelling reason
for them. To her, the project was not special architecture; the design was not
extraordinary. She believed the ordinances were in place for a reason, and
one of the problems with the exception clause was that it led to more
exceptions. The City allowed three stories with the Hampton Inn, now four
stories were being requested; and if four stories were allowed, next time the
request will be for five. She felt the City Council needed to stand behind the
ordinance as is.
Councilman Spiegel disagreed with Mayor Pro Tem Benson–he didn’t think
the design was terrible. He felt an extended-stay hotel in the subject area
would be beneficial to the City; both Cal State and UCR (University of
California, Riverside) will be able to use the facilities for visiting professors,
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and a friendly rate was important too. He agreed that he wouldn’t want a
four-story hotel in hardly any other place in the City, but because of its
location backing up against the freeway, which didn’t bother him at all and
didn’t impact anyone’s view corridor from anywhere. He felt it was a good
project and supported it.
Councilman Ferguson commented on Mr. Wang’s remark that there was no
doubt they were seeking a variance from the City’s height standard. He
stated the City Attorney knew that a “variance” is a term of legal art. To
comply with the requirements for the finding of a variance, a unique set of
circumstances was needed, unlike those that were within the ambit of the
ordinance and were unforeseen at the time of the drafting of the ordinance;
and the application of the ordinance to this particular application would work
an extreme and undue hardship on the Applicant. He didn’t feel that the
Applicant could make that finding based on the evidence presented tonight,
of which he felt they were aware. In fact, he seriously doubted that there was
a legal basis for an “exception,” other than it was a convenient way for the
City to approve an application when it wanted to, which he didn’t think was
an appropriate legal standard either. The City Council was hearing that it
needed low-cost rooms, and he didn’t disagree with that or with Mayor Pro
Tem Benson’s desire for better architecture. However, there was also an
ordinance that states how high buildings should be in the City of Palm Desert;
and if the City doesn’t like that in the industrial zone by the freeway, then the
zoning should be changed and the height limit raised. But he didn’t think a
finding for a variance had been made, nor did he think an exception existed.
Even if the rule of thumb articulated by staff over the years as to what it takes
to meet an exception was applied, he believed it needed to be something
extraordinary for the City in exchange for it looking the other way on the
ordinance, again, the legitimacy of which he questioned. By his calculations,
80 rooms at $88/night equals $7.50 in T.O.T. (Transient Occupancy Tax);
and taking the average daily occupancy rate, cumulatively, it meant
$140,000/year in T.O.T. This coupled with architecture, with which he
agreed wholeheartedly with Mayor Pro Tem Benson, that was not a “wow”
was no reason to ignore the City’s height ordinance. Therefore, he would not
vote in favor of this development, not because it wasn’t needed, but because
he felt a lot more effort could have been put into it. If it was their desire to
exceed the height limit, they should have said so and requested a Change
of Zone for a hotel overlay, perhaps, to provide for traveling hotels near the
freeway, which he would be willing to consider. But he couldn’t stomach
granting an exception for something that wasn’t spectacular.
Mayor Kelly said to him, the height of a specific building wasn’t as important
as its relation to surrounding buildings. Therefore, because this site was
down in kind of a hole, there would be several buildings around it that would
be higher if measured from sea level. As far as exceptions for height, he
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believed the Marriott was seven or eight stories, with the reason for variances
being a way to reconcile actual height and surroundings. Additionally, he
noted the Architectural Review Commission (ARC) spent a lot of time on this
project, having considered it five times. Therefore, hearing comments that
this was a bad-looking building and bad architecture, dismayed him. He felt
ARC had been doing a good job lately and working very hard on projects like
this one. From his perspective, this project didn’t look like only plaster but
included some rockwork, and the building had a lot of design to it, like around
the windows. He didn’t think it looked like the Esmeralda (Indian Wells) but
looked like a well-done project; he hoped members of ARC didn’t get any of
tonight’s quotes, because he thought they’d been doing a nice job.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 07-68, approving a Precise Plan of Design and Conditional Use Permit to allow the
construction of an 88-room hotel and restaurant pad, including a height exception to allow
a maximum height of 52 feet. Motion was seconded by Kelly.
Mayor Pro Tem Benson interjected that she’d rather see the project go back
to see how it could be improved. She agreed it was needed in that area, and
she was not concerned with the height if it looked better, but she couldn’t
support it currently. She felt they could improve the architecture more than
merely painted stucco, as that was fairly commonplace. She reiterated that
it also needed a defined entrance.
Mayor Kelly said he would grant an exception for the Applicant and reopened the
public hearing for further remarks.
MR. WANG assured Mayor Pro Tem Benson that her comments were not
ignored, but they were unable to provide different renderings in such a short
period of time. Additionally, he offered that ARC had requested the project
return for some final tweaking on the colors after it was approved by City
Council.
Responding to City Council comments, Mr. Stendell said ARC had asked to
see a final color palette, after working through five different ones trying to get
to a desert theme. ARC’s direction was that upon final approval, it be
allowed to see a final color palette in order to make sure it was desert
oriented. He said the Applicant’s first several color palettes were very
Orange County- and Los Angeles-themed, and after transitioning them to this
point, ARC wanted to see the final colors before permits were issued.
MR. WANG offered that since ARC wanted to see the project again anyway,
he suggested Mayor Pro Tem Benson’s recommendation be included in that
review. Upon question, he agreed that if a continuance was granted, they
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would work with Mayor Pro Tem Benson or any of the City Councilmembers
and return with a design alternative.
In light of the aforementioned discussion, Councilman Spiegel substituted his
previous motion with one to continue the subject public hearing to the meeting of
November 8, 2007. Motion was seconded by Benson and carried by a 4-1 vote, with
Ferguson voting NO.
C. REQUEST FOR APPROVAL OF THE COACHELLA VALLEY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY
CONSERVATION PLAN (CVMSHCP/NCCP) AND IMPLEMENTING
AGREEMENT, CERTIFICATION OF THE ENVIRONMENTAL IMPACT
REPORT (EIR) AND A MEMORANDUM OF UNDERSTANDING (MOU) TO
EXTEND THE COACHELLA VALLEY FRINGE-TOED LIZARD PERMIT TO
ALLOW COMPLETION OF THE COACHELLA VALLEY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN, INCLUDING MEASURES
FOR CONTINUED CONSERVATION OF THE COACHELLA VALLEY
FRINGE-TOED LIZARD.
Councilman Ferguson noted for the record that he had a conflict of interest
and would be recusing himself from consideration of the Multiple Species
Habitat Conservation Plan and related actions due to his representation of
clients with an interest in the outcome. He left the Council Chamber.
(Councilman Ferguson was absent for the remainder of the meeting.)
Associate Planner Renée Schrader reviewed the printed staff report for this
item. She said approval of the staff recommendation would allow the City
to participate in the Coachella Valley Association of Government’s (CVAG)
ongoing efforts to conserve natural resources, resulting in sustainable quality
of life regionally. Designated in the Plan were measures for the protection
of multiple species and associated biological communities, and staff
recommended it and the associated items be approved. She noted that this
issue has been an ongoing study by CVAG for the past 12 years and was put
to a vote in June 2006, but the City of Desert Hot Springs decided not to
participate, and a revised version of the Plan was developed. She affirmed
that everything presented with her report had been before the City Council
last year; and this time around, it wouldn’t really affect the City of Palm
Desert much. She offered to answer questions and advised that there were
also representatives from CVAG in the audience that could provide more
information if necessary. Upon inquiry, she said she understood that the
Plan now being considered was virtually the same as approved last year, with
the exception of stating that the City of Desert Hot Springs and the Cabazon
Band of Mission Indians have abstained.
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Mayor Kelly declared the public hearing open and invited testimony IN FAVOR OF
or IN OPPOSITION TO this consideration. With no public testimony offered, he
declared the public hearing closed.
Councilman Spiegel moved to: 1) Waive further reading and adopt: a) Resolution
No. 07-69, making responsible agency findings pursuant to CEQA; b) Resolution
No. 07-70, establishing procedures for implementation of the Coachella Valley Multiple
Species Habitat Conservation Plan; 2) by Minute Motion, approve an MOU to extend the
Coachella Valley Fringe-toed Lizard Permit. Motion was seconded by Benson and carried
by a 4-0 vote, with Ferguson ABSENT.
D. REQUEST FOR APPROVAL OF A NOTICE OF EXEMPTION AND AN
AMENDMENT TO TITLE 25 (ZONING) OF THE PALM DESERT
MUNICIPAL CODE, ADDING AND AMENDING SECTION 25.64,
ALLOWING HELIPORTS, HELICOPTER FIELDS, AND HELISTOPS WITH
A TEMPORARY USE PERMIT WITHIN NON-RESIDENTIAL ZONES IN THE
CITY Case No. ZOA 07-02 (City of Palm Desert, Applicant).
Ms. Aylaian stated the proposed amendment represented a request from the
Planning Commission earlier this year that helicopter landing pads, heliports,
and helistops be banned from residential districts. Therefore, a proposed
ordinance was brought to the Planning Commission, which upon further
reflection, requested that not only these uses be banned in residential areas,
but that they be strictly controlled in commercial areas as well. Afterward,
staff returned with an amendment to the Zoning Ordinance as proposed here,
prohibiting helicopter landings except in Commercial, Service-Industrial, or
Public/Institutional zones, with Temporary Use Permits specific to that
activity. Upon inquiry, she affirmed that if someone wanted to land a
helicopter at Westfield, they would have to get a permit. In further response
to question about the proposed Sheriff’s Station, which would include an
emergency heliport, she said that project will be required to go through a
Change of Zone and Conditional Use Permit process, and they could apply
for a helicopter landing pad as one of the conditions that can be considered
during that public hearing process–it could be made a part of their
Conditional Use Permit and the re-zone to Public/Institutional.
Councilmember Finerty commented that in speaking with members of the
Sheriff’s Department, she was under the impression that the majority of
helicopter take-offs and landings would be based out of the new station in
Thermal. The Palm Desert Station would handle very minimal activity like
that. Ms. Aylaian confirmed that was also her understanding.
Mayor Kelly declared the public hearing open and invited public testimony
SUPPORTING or OPPOSING the subject case. With no public testimony offered,
he declared the public hearing closed.
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Councilmember Finerty moved to waive further reading and pass Ordinance
No. 1144 to second reading, approving a notice of exemption and an amendment to
Title 25 (Zoning) of the Palm Desert Municipal Code, adding to and amending
Section 25.64 to allow Helicopter Fields, Heliports, and Helistops with a Temporary Use
Permit only within Commercial, Industrial, and Public/Institutional Zones in the City. Motion
was seconded by Benson and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
o Fire Department
On behalf of the City Council, Mayor Kelly presented a framed
proclamation declaring the week of October 7-13, 2007, as “Fire
Prevention Week” in the City of Palm Desert to Battalion Chief Rios.
Mayor Kelly went on to say that he visited some of the “Mini-Muster”
activities this week where the Fire Department and Historical Society
are working closely together. He felt there was no better way to
encourage families to become fire safe than by having their
youngsters participate in the “Mini-Muster” and become enthused
about fire prevention.
o Police Department
None
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E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THE MEETING.
1. Consideration of Request for Sponsorship of Palm Desert
Volunteers at the November 1, 2007, RSVP “Honoring Our
Corps of Five Star Volunteers” Event (Mayor Richard S. Kelly).
Councilmember Finerty commented that in reading the subject
request for $2,840, she questioned how that was calculated
when the request later said they have 264 volunteers but ask
for the City’s sponsorship of one-half of those who are
Palm Desert residents at $10 each. Responding to question,
she said she planned to attend the luncheon in order to
become familiar with the organization.
Mayor Kelly noted the organization did tremendous work, and
with the amount of volunteer time that went into it, whatever the
amount, it was well earned. He felt it would be a good thing for
the City Council to approve it and left staff determine how
much it is actually.
Councilmember Finerty said after reading about the service
RSVP provides and believing strongly in it, she would like to
request that an annual contribution in the amount of $2,500 be
set aside in the City’s yearly budget. That way RSVP would be
able to plan on the funding for its budget. She also referred
back to the comments she made under Section X - Consent
Calendar Item I - Easter Bowl Funding. She realized that
RSVP should be considered in a different category as strictly
volunteers, and the City wouldn’t be as wonderful without them.
Councilmember Finerty moved to, by Minute Motion: 1) Direct that a contribution of
$2,500 to RSVP for its annual appreciation event be added to all future City budgets for
planning purposes; 2) approved the request for the November 1, 2007, Event in the amount
of $2,840. Motion was seconded by Benson.
Mayor Pro Tem Benson agreed that this was another
contribution that needed to be considered in the overall
program for charitable purposes.
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Mayor Kelly called for the vote on the motion, and it carried 3-0, with Ferguson and
Spiegel ABSENT.
2. Request for Date(s) for Touring Community/Fitness Centers in
Southern California (Mayor Richard S. Kelly).
Mayor Kelly noted that the two dates that were preselected for
the tours were November 15 and December 6.
Councilmember Finerty stated as a result of the earlier
meetings in San Francisco regarding energy issues, there will
be repeat meetings on November 15-16. Therefore, November
15 would not work, and she believed the City Manager would
also be part of those meetings. However, December 6 was
fine with her schedule.
Mayor Kelly noted that since it was difficult to get a second
date, he suggested scheduling December 6 to see as much as
possible, then try for another date later if it was needed.
With City Council concurrence, decided that a tour would be scheduled for
Thursday, December 6, and if another one was needed, it would be scheduled later.
3. Sign Ordinance Review – Councilmember Finerty stated that
Councilman Ferguson had asked her to relay his willingness to
serve on an ad hoc committee to review the City’s Sign
Ordinance, should the City Manager decide to form such a
group, as suggested by Mr. Baxley earlier in the meeting.
o City Council Committee Reports:
None
o City Council Comments:
None
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XIX. ADJOURNMENT
With City Council concurrence, Mayor Kelly adjourned the meeting at 6:16 p.m.
RICHARD S. KELLY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA