HomeMy WebLinkAboutCC - Prelim - 08/09/07 nRAFT
PRELIMINARY MINUTES
REGULAR PALM DESERT CIN COUNCIL MEETING
THURSDAY, AUGUST 9, 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: Excused Absence:
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
Steve Deitsch, Assistant City Attorney
Sheila R. Gilligan, ACM for Community Services
Homer Croy, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Dan Kaiser, Acting Director of Building & Safety
Lauri Aylaian, Director of Community Development
Patrick Conlon, Director of the Office of Energy Management
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
Doug Van Gelder, Director of Information Systems
Mark Greenwood, Director of Public Worlcs
John Rios, Battalion Chief, Palm Desert/Riverside County Fire Dept.JCDF
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)
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Mr. Ortega stated that two items had presented themselves to the City following
posting of the Agenda for this City Council Meeting;one was a property transaction,
the other was a release of a bond that was no longer necessary. Since the City
Council won't meet again until September 13, he asked for its consideration of
adding both these items to the agenda in the appropriate sections, respectively, by
a four-fifths vote.
Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with
Ferguson ABSENT,the aforementioned items were added to the Agenda as Section XIV-
New Business, Item O, and Closed Session Property Negotiation Item No. 3, respectively.
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Lease Property - Portola Community Center -
45480 Portola Avenue, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Coachella Valley Mountains Conservancy,
Desert Cancer Foundation, Palm Desert Sister Cities
Foundation
Under Negotiation: x Price x Terms of Payment
2) Property: 72375 Upper Way West, Palm Desert (APN 628-130-014)
Negotiating Parties:
Agency: Carlos L. Ortega/Lauri Aylaian/City of Palm Desert
Property Owner: Janice C. Wood Living Trust, Dated 10-31-96
Under Negotiation: x Price x Terms of Payment
NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY 4-0 VOTE:
3) Property: SWC Gerald Ford Drive/Portola Avenue
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: RJT Homes/Catavina, LLC/Chad Meyers
Under Negotiation: x Price x Terms of Payment
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Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Conference with Legal Counsel regarding significant potential to initiate litigation
pursuant to Government Code Section 54956.9(c):
Number of potential cases: 1
On a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with
Ferguson ABSENT, Mayor Kelly adjourned the meeting to Closed Session at 3:05 p.m.
He reconvened the meeting at 4:02 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 - Councilmember Cindy Finerty
VII. INVOCATION - Mayor Richard S. Kelly
VIII. ORAL COMMUNICATIONS - B
CAPTAIN SAUL DORIA and MR. LOTHAR VASHOLZ addressed the City Council
on behalf of the Salvation Army in Cathedral City. Capt. Doria said the Corps in
Cathedral City served the entire Coachella Valley;they had been working from their
new location for the past two years, with added and improved programs to those
which the Salvation Army provides generally. Those included an After School
Program, food and shelter for the homeless, and agreements in place for providing
services with other organizations. Over the past year, he said they'd noticed more
people from the Palm Desert area traveling to their office for assistance. Therefore,
they were looking to expand and provide satellite offices on the eastern side of the
Coachella Valley.
Mr. Vasholz stated he was a Palm Desert resident and that he and his wife served
as Chairs of the Advisory Board, which worked closely with Capt. Doria. He
referenced information contained in an informational brochure that was provided to
each of the City Councilmembers, calling attention to their major Red Kettle
Campaign at Christmas,which was kicked off last year and plans are to do so again
at The Gardens on EI Paseo. He also noted their disaster relief services, one of the
few Corps in the country with its own disaster relief vehicle; it is available to all
communities in the Coachella Valley, and they were working with many
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organizations, including the Coachella ValleyAssociation of Governments,to make
this possible. He said they have participated in other cities' programs on disaster
preparedness, and they would be happy to do so in Palm Desert too. They thanked
the City and citizens of this area for their support.
MS.JANET LAIBLIN, Public Affairs Specialist,South Coast AirQuality Management
District, Diamond Bar, CA, introduced herself as the local contact for her agency,
noting that they had been conducting area Dust Classes in the Palm Desert Council
Chamber. She said they appreciated working with the City, and she invited anyone
with air quality issues to contact her.
MR. CARL CIESLIKOWSKI, Palm Desert, said he'd grown up in the area, noting
that many photographs displayed in City Hall were taken by his father, Zenny
Cieslikowski. He addressed the City Council on three issues. First, while he
understood the City's mission for water conservation, he felt a few more flowers and
small grass areas in strategic places in the City would enhance its appearance.
Second, he greatly appreciated the $45 resident rates provided at Desert Willow
during the winter; however, the rates did not differ in the summer. He'd spoken
with Desert Willow General Manager Gary Piotrowski at great length about it, asking
him about the possibility of lowering the fees to encourage more residents to golf
during the summer. Lastly, he referred to Palm Desert Municipal Code
Section 8.70.190, regarding Vegetation and Landscaping. He currently has a
situation where a neighbor's palm tree is shedding onto his property, and although
he belongs to a homeowners' association with its own regulations, he'd been told
by City staff that its ordinance in the aforementioned Code was relatively
unenforceable. If that was true, he suggested the City review this regulation, as he
needed relief from the palm tree nuisance he was being subjected to.
Mayor Kelly acknowledged Mr. Cieslikowski's concerns, referring all three to staff
and requesting a report on them at the next City Council Meeting.
MR. ASHLEY THOMAS McDERMOTT recalled the June 28 City Council Meeting
where a $25,000 contribution to the East Valley Memorials Foundation for a
Veterans Memorial at the Coachella Valley Cemetery was approved. In recognition
of this generosity, he and his colleagues presented each City Councilmember and
Mr. Ortega with an engraved plaque in appreciation and remembrance of the City's
help on the project. Responding to question, he said the Foundation hoped to
dedicate its monument on November 11, 2007, and would try to coordinate so as
not to conflict with the City's dedication of its Veterans Memorial at Freedom Park
scheduled for 11:00 a.m. that day.
MR. RIC SIMERLY, Palm Desert, addressed the City Council on four issues. First,
he wondered why the City Council Meetings convened at 4:00 p.m. on a weekday
when itwasdifficultforworking peopleto participate. Secondly, he resided nearthe
intersection of Portola Avenue and Rutledge and was growing weary of all the
construction activity on Portola Avenue—the bridge,which has taken two years, and
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the Water District's Sewer Project, noting the Empire State Building was built in 13
months in 1930. Although it appeared the Sewer Project appeared to be done on
Portola, part of the street was still coned off, and it is one of the City's main arteries.
Thirdly, he was concerned about the City's action to approve a $500,000 soundwall
for the Wedgwood Glen development at Magnesia Falls and Portola. He said the
street there used to be a major dip where vehicles would bang around going
through it; now there was a new, flat bridge to cross. He lived directly across from
Lincoln School with children screaming and bullhorns going all day long, yet he
didn't get a soundwall. He also raised issues with the School District's actions at
Lincoln Elementary and Palm Desert Middle Schools. Lastly, he walked in the
beautiful Civic Center Park every morning, crossing the walking bridge from San
Pascual into the Park, and pointed out that with all the concern about West Nile
Virus and vector control, the channel underneath the bridge was a virtual cesspool
of millions of gallons of stagnant water.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE BONNIE BOWIE FOR HER SERVICE
TO THE CITY OF PALM DESERT AND ITS HISTORIC PRESERVATION
COMMITTEE.
On behalf of the City Council, Mayor Kelly presented an engraved crystal
clock to Ms. Bowie, thanking her for the time she served on the Historic
Preservation Committee.
B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/
PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR
EXCEPTIONAL SERVICE — JULY 2007.
On behalf of the City Council, Mayor Kelly and Mr. Ortega honored
Cyril Snake and John Urkov (unable to be present) for their service above
and beyond the call of duty by presenting them each with a printed certificate
and $100 gift certificate.
C. PRESENTATION OF CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY'S 2007 RISK MANAGEMENT AWARD TO THE CITY OF
PALM DESERT.
No presentation.
D. APPOINTMENTS TO THE PALM DESERT YOUTH COMMITTEE.
Mayor Pro Tem Benson moved to, by Minute Motion, appoint Kate Hart, Ryan
O'Connell, and Abby Sturgeon to the Palm Desert Youth Committee to fill the current
vacancies there —term expiration December 31, 2007. Motion was seconded by Finerty
and carried by a 4-0 vote, with Ferguson ABSENT.
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X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of July 12, 2007, and
July 26, 2007.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 269, 276, 279, 280, 284, 1, 2, 5, 9, 13, 16, and 19.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY(#586� by Jack Siegman and Collette Siegman
in the Amount of$600,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimants.
D. CLAIM AGAINST THE CITY �#590� by Phil Adams in an Unspecified
Amount.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
E. CLAIM AGAINST THE CITY (#591) by Chet Galeazzi in an Unspecified
Amount.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Alkobar Quick
Stop & Deli, 42-005 Cook Street, Suite 110, Palm Desert.
Rec: Receive and file.
G. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Art In Public Places Commission Meetings of April 18, 2007, May 16,
2007, and June 20, 2007.
2. Building Board of Appeals 8� Condemnation Meeting of February 5,
2004.
3. Historic Preservation Committee Meeting of June 26, 2007
4. Mariceting Committee Meeting of June 19, 2007
5. Parks & Recreation Commission Meeting of June 5, 2007.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007
H. REQUEST FOR ADOPTION of City Council Resolutions, Authorizing the
Destruction of Paper Records from the Department of Building 8�Safety that
Have Been Digitaily Imaged onto CDs (March 2007, April 2007).
Rec: Waive further reading and adopt: 1} Resolutian No. 07-55 -
March 2007 Records; 2) Resolution No. 07-56 - Ap�i12007 Records.
I. RESOLUTION NO. 07-57 - A Resolution of the City Council of the City of
Palm Desert, Caiifornia, Setting Forth its Findings and Authorizing the
Destruction of Paper Recosds from the Department of Building & Safety that
Have Been Digitally Imaged (2004 Code Cases).
Rec: Waive further reading and adopt.
J. REQUEST FOR AUTHORIZATION to Purchase Palm Desert Police
Motorcycles.
Rec: By Minute Motion, authorize the purchase of two Honda Motorcycles
from Desert Cities Honda,Thousand Palms, California, in the amount
of $30,114.50, as approved in the Fiscal Year 2007l08 Pofice
Department Budget— no appropriation is needed or requested.
K. REQUEST FOR APPROVAL of Artists to Work with the Landscape Design
Architects for the Monterey Avenue/Dinah Shore Drive Median
Landscape/Sculpture Project (Contract Nos. C26780A-C).
Rec: By Minute Motion, approve artists Heath Satow, Steve Rieman, and
Allen Root to work with the landscape design architects for the subject
project.
L. REQUEST FOR APPROVAL of Cont�act to Install, Maintain, and Store the
City's Holiday Decorations (Contract No. C26790).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
M. REQUEST FOR AWARD OF CONTRACT for Construction of the
Freedom Park Community Garden (Contract No. C26800).
Rec: By Minute Motion: 1) Award the subject contract to Larios Builders,
Anza, California, in the amount of $37,400; 2) approve a 10%
contingency for the project in the amount of $3,740; 3) appropriate
funds from Account No. 400-4546-454-4001 for this project.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 9, 2007
N. REQUEST FOR RATIFICATION of the City Manager's Approval of Contract
for Production of Public Service Announcements for the "Set To Save"
Energy Program (Contract No. C26810).
Rec: By Minute Motion, ratify City Manager's approval of agreement with
The Lawrence Company, EI Segundo, California, in the amount of
$44,800 and the expenditure of said funds from Account
No. 236-4195-454-3090.
O. REQUEST FOR APPROVAL of Amendment to Contract No. C24800A —
Janitorial Services at the Palm Desert Civic Center.
Rec: By Minute Motion, approve an Amendment to the subject contract
with General Cleaning Service, Palm Desert,California, increasing the
monthly rate from $2,745 to $2,948 per month —funds are available
in Account No. 110-4340-413-3090.
P. REQUEST FOR AUTHORIZATION to Reject Bid and Re-advertise Contract
No. C25030A — Country Club Drive Median Landscape Improvements
Between Monterey Avenue and Portola Avenue (Project No. 934-06).
Rec: By Minute Motion: 1) Reject the bid from Sierra Landscape Co.,
Bermuda Dunes, California, for the subject contract; 2) direct staff to
re-advertise this project.
Q. REQUEST FOR APPROVAL of Amendment No. 1 to Contract
No. C26390 — Landscape Maintenance Area No. 1 (Project No. 901-07).
Rec: By Minute Motion, approve Amendment No. 1 to the subject contract
with Greenscape Landscape, Inc., Temecula, California, to add
maintenance of the Mesa View Fire Station at an additional annual
cost of$2,400 and authorize the Mayorto execute said Amendment—
funds are available in Account No. 110-4614-453-3320.
R. REQUEST FOR APPROVAL of Amendment No. 1 to Contract
No. C26400 — Landscape Maintenance Area No. 2 (Project No. 902-07).
Rec: By Minute Motion, approve Amendment No. 1 to the subject contract
with Greenscape Landscape, Inc., Temecula, California, to add
maintenance of Fire Station Nos. 71 and 33 at an additional annual
cost of$4,260 and authorize the Mayor to execute said Amendment—
funds are available in Account No. 110-4614-453-3320.
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S. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C26480 — Installation of Carpet at Desert Willow Clubhouse.
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$11,987.96 to the subject contract with Smith Floors & Installations,
Riverside, California, for additional area not included in the original
scope of work; 2) authorize the transfer of $11,987.96 from
contingency to base for the project.
T. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25270 —
Installation of Traffic Signal and Construction of Related Improvements at the
Intersection of Highway 74 and Shadow Mountain Drive(Project No. 565-04)
(Granite Construction Company, Indio, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
U. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26030C —
Completion of Landscape Improvements for the Westfield Bus Bay Project
(Hort Tech, Inc., Palm Desert, 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.
V. REQUEST FOR AUTHORIZATION to Release One-year Maintenance
Security for Tract Map No. 29468 (Stonebridge Palm Desert, LLC,
Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the subject
improvement maintenance security.
W. REQUEST FOR APPROVAL of Parcel Map No. 35264 (SRW Investments,
Applicant).
Rec: Waive further reading and adopt Resolution No. 07-58, approving the
map of Parcel Map No. 35264.
X. REQUEST FOR AUTHORIZATION to Streamline the Use of Various
Landscape and Irrigation Vendors by Granting Exception to Bidding
Requirements and Approving Named Vendors and Qualified Service
Providers for Fiscal Year 2007/08.
Rec: By Minute Motion: 1) Grant an exception to bidding requirements as
specified by Palm Desert Municipal Code Section 3.32.090 for Fiscal
Year 2007/08; 2) approve the accompanying list of various
Landscape and Irrigation Vendors and Qualified Service Providers.
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Y. REQUEST FOR APPROVAL of the Possession and Consumption of
Alcoholic Beverages on City-owned Property in Connection with the
30th Anniversary Celebration of the Historical Society of Palm Desert.
Rec: By Minute Motion, permit the possession and consumption of
alcoholic beverages on City-owned property located at
72861 EI Paseo for the subject celebration scheduled for Saturday,
September 29, 2007, from 5:00 p.m. to 7:00 p.m.
Z. CONSIDERATION of Request for Fee Waiver by Our Lady of Solitude
Church for the "Our Lady of Guadalupe Procession."
Rec: By Minute Motion, deny the request for fee waiver by
Father John Kavcak, MSC, Pastor of Our Lady of Solitude Church,for
the 2007 "Our Lady of Guadalupe Procession" scheduled for
December 12,2007, beginning in the City of Palm Springs and ending
in the City of Coachella.
AA. REQUEST FOR DECLARATION of Fire Department Vehicle as Surplus and
Authorization for Appropriate Disposal.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
Councilman Spiegel asked that Item L and AA be removed for separate
consideration under Section XI, Consent Items Held Over.
Upon motion by Spiegel, second by Finerty, and 4-0 vote, with Ferguson ABSENT,
the remainder of the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
L. REQUEST FOR APPROVAL of Contract to Install, Maintain, and Store the
City's Holiday Decorations (Contract No. C26790).
Councilman Spiegel stated he thought there was going to be a meeting on
the holiday decorations to decide what was going to be kept and what would
be purchased, but that was months ago and they hadn't heard anything
since.
Mr. Aryan responded a meeting took place to discuss the business corridor
along EI Paseo and Highway 111, and the decorations considered this
evening were for the Civic Center, which the Committee indicated was not
a problem. He said Council should be receiving a report on the others
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shortly. Upon further question, he confirmed the subject agreement included
decorations on Highway 111, but the majority of them were from the Civic
Center.
Councilman Spiegel moved to, by Minute Motion, authorize the City Manager to
enter into the subject agreement with The Jarvis Company, Brentwood, California, in the
amount of $12,463.38 and $25.00 for a Certificate of Insurance naming the City as
additionally insured —funds are available in Account No. 400-4260-433-3910.
Councilman Spiegel stated he wanted to move forward with what will be
done for this year.
Mr. Aryan noted a major renovation was underway at EI Paseo, and the
Committee held off until they knew what the scope of the project consisted
of, in attempts to integrate something for next year. However, it was now late
into the year to build something and have it start by November.
Councilman Spiegel noted he and Mayor Pro Tem Benson were on the
Committee, and they were suppose to have been provided with a report.
Mr. Aryan agreed to return with a report.
Motion was seconded by Finerty and it carried by a 4-0 vote, with Ferguson
ABSENT.
AA. REQUEST FOR DECLARATION of Fire Department Vehicle as Surplus and
Authorization for Appropriate Disposal.
Responding to question, Mr. Gibson stated the vehicle will be taken to a
salvage yard once it's declared surplus. He said the vehicle was inoperable.
Councilman Spiegel moved to, by Minute Motion, declare Fire Department Vehicle,
Identification No. 2FTRX17WX4CA35999, as surplus inventory and authorize staff to
dispose of the asset appropriately. Motion was seconded by Finerty and carried by a 4-0
vote, with Ferguson ABSENT.
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XII. RESOLUTIONS
A. RESOLUTION NO. 07-59 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL
YEAR 2006/07 BUDGET TO PROVIDE ADDITIONAL APPROPRIATIONS
FROM THE GAS TAX, FIRE TAX, AIR QUALITY MANAGEMENT,
INTERNAL SERVICE, PARKS AND RECREATION, AND THE GENERAL
FUNDS.
Responding to question, Mr. Gibson confirmed this item was an adjustment
that was made yearly, and it was also a transfer of funds for vehicle
replacement, capital improvements, etc.
Councilman Spiegel moved to waive further reading and adopt
Resolution No. 07-59. Motion was seconded by Finerty and carried by a 4-0 vote, with
Ferguson ABSENT.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR APPROPRIATION OF FUNDS FOR THE 2007 CITYWIDE
RESURFACING PROJECT.
Due to being a resident of the subject project and the resulting conflict of
interest, Councilman Spiegel recused himself from the Chamber prior to
discussion or action for this item.
Mayor Pro Tem Benson moved to, by Minute Motion, appropriate: 1) $1,800,000
from the General Fund to Resurfacing Account, No. 110-4311-433-3320, for the 2007
Annual Overlay Program; 2)$425,000 from the General Fund to Resurfacing Account, No.
110-4311-433-3320, for slurry of streets in the Palm Desert Highlands area; 3) $205,000
from the General Fund to Resurfacing Account, No. 110-4311-433-3320 for slurry of
streets that were under construction when adjacent sections were slurry sealed;
4) $600,000 from the General Fund to Resurtacing Account, No. 110-4311-433-3320, for
overlay of Country Club Drive from Portola Avenue to Desert Willow Drive. Motion was
seconded by Finerty.
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Mayor Kelly asked if this project included the west side of Shadow Mountain
west of Highway 74.
Mr. Greenwood replied it did.
Mayor Kelly called for the vote, and the motion carried by a 3-0 vote, with Ferguson,
Spiegel ABSENT.
B. REQUEST FOR APPROVAL OF CONTRACT FOR EMPLOYEE DENTAL
BENEFITS THROUGH JUNE 30, 2009 (CONTRACT NO. C26820).
Mayor Pro Tem Benson moved to, by Minute Motion, approve the subject contract
with Delta Dental of California and authorize the Mayor to execute same. Motion was
seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT.
C. REQUEST FOR APPROVAL OF CONTRACT FOR EMPLOYEE VISION
BENEFITS THROUGH JUNE 30, 2009 (CONTRACT NO. C26830).
Mayor Pro Tem Benson moved to, by Minute Motion, approve the subject contract
with Vision Service Plan (VSP) and authorize the Mayor to execute same.
Councilman Spiegel stated the subject contract dealt only with small optical
companies, and the plan didn't allow for services from places like Pro Vision,
which had promotions going on all the time.
Human Resource Manager Lori Carney stated services could be obtained
from Pro Vision or Lens Crafter, and then a claim could be submitted to
Vision Service Plan (VSP) for reimbursement at their rate.
Councilman Spiegel stated it wasn't right if VSP rates were lower than other
participating providers.
Mayor Pro Tem Benson agreed and added that only $41 would be
reimbursed if another provider was used.
Councilman Spiegel commented that local optometrists inflate the price of
their glasses and make a higher profit than was allowed by the contractor.
He requested staff to speak with VSP to include other providers.
Ms. Carney agreed to speak to the City's broker about contracting with a
chain.
Councilman Spiegel seconded the motion to approve the recommendation, with
staff requested to check into including some of the larger optometry providers in the City's
vision coverage, and it carried by a 4-0 vote, with Ferguson ABSENT.
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D. REQUEST FOR APPROVAL OF CONTRACT FOR PROFESSIONAL
SERVICES RELATED TO ENGINEERING PLAN CHECK AND
SUPPLEMENTAL ENGINEERING SUPPORT (CONTRACT NO. C26840).
Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject contract
with Joseph S. Gaugush, P.E., Palm Desert, California, in an amount not to exceed
$50,000; 2) authorize the Mayor to execute same — funds are available in Account No.
110-4300-413-3010. Motion was seconded by Finerty and carried by a 4-0 vote, with
Ferguson Absent.
E. REQUEST FOR APPROVAL OF AGREEMENTS WITH THE COUNTY OF
RIVERSIDE - RIVERSIDE COUNTY LIBRARY SYSTEM/LSSI FOR
SERVICES AT THE PALM DESERT PUBLIC LIBRARY THROUGH
JUNE 30, 2009.
Mayor Pro Tem Benson moved to, by Minute Motion: 1) Approve Contract No.
C14168 - Eighth Amendment to Agreement to Provide Library Services (Additional Staff);
2) approve Contract No. C18025 - Fifth Amendment to Agreement to Provide Library
Services(Additional Hours/Bookmobile); 3)authorize the Mayorto execute said contracts;
4) authorize issuance of a City Purchase Order, favoring Library Systems and Services,
Inc. (LSSI), Germantown, Maryland, in the amount of$60,000 for the purchase of library
materials for FY 2007/08 — funding for all of the above has been allocated in the FY
2007/08 Budget, Account No. 452-4662-454-4001 — no additional appropriations are
necessary, and funding to support these services in FY 2008/09 will be considered through
the established process and subject to approval at the appropriate time. Motion was
seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT.
F. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES CONTRACT
FOR ADA (AMERICANS WITH DISABILITIES ACT) REVIEW OF CITY-
OWNED FACILITIES AND PREPARATION OF A TRANSITION PLAN
(CONTRACT NO. C26850).
Responding to question, Mr.Ortega stated the sidewalk study was previously
approved, and this item was related to facilities.
Mr. Kaiser noted the subject contract dealt only with City facilities, City parks,
and all City-owned structures.
Responding to Councilmember Finerty's question as to why it was not
budgeted, Mr. Kaiser stated at that time, the City didn't perceive the need to
update its Transition Plan and didn't realize it was out of compliance. Staff
was now trying to get back on track.
Councilman Spiegel asked for examples of areas the City was out of
compliance.
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Mr. Kaiser replied it was exactly the purpose of the subject contact, to find
out where the City was out of compliance in terms of Americans with
Disabilities Act (ADA). What triggered the need for the review, was a
complaint by a disabled individual who got stuck in one of the City's
restrooms. Through her complaint, staff started looking into the existing
accessibility features and realized it was behind the times and facilities
needed to be upgraded. Upon further question regarding the costto upgrade,
he said he didn't know. He said when the review was complete, the findings
could be looked at and laid out for Council to review, and then determine
how long it will take, and how much the City could afford to execute.
Councilman Spiegel asked if this was similar to having someone check to
see if the City was earthquake proof, and then retrofitted. Mr. Ortega replied
it was.
Mayor Kelly disagreed because in this case, the City was breaking the law,
and it was completely different with ADA.
Mr. Ortega noted changes had already been made to City Hall; for example,
doors were widened and made automatic. He said new regulations were
made every day, and if people came into City Hall and were unable to
maneuver because they were disabled,they had the right to file a complaint.
Mayor Pro Tem Benson moved to, by Minute Motion: 1)Award the subject contract
to Bureau Veritas North America, Inc., Palm Desert, California, in an amount not to exceed
$101,028 and authorize the Mayor to execute same; 2)appropriate said funds to Building
8� Safety Department Account No. 110-4420-422-3010 for Fiscal Year 2007/08. Motion
was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT.
G. REQUEST FOR APPROVAL OF THE ANNUAL PURCHASE OF GRASS
SEED FOR CITY PARKS AND THE DESERT WILLOW GOLF RESORT.
Councilmember Finerty moved to, by Minute Motion, authorize the purchase of
340,000 pounds of grass seed from Simplot Partners, Palm Desert, California, in the
amount of $279,470.74 (including tax, shipping, and handling) — funds are available in
various City Accounts and the Desert Willow Golf Resort budget.
Councilman Spiegel stated the cost of grass seed was $279,470.74, and
only $35,000 would be used for the City. He asked if Desert Willow would
be paying for the rest.
Park Facilities Manager Jay Niemczak confirmed that Desert Willow would
get the line share of the cost.
Motion was seconded by Spiegel, and it caRied by a 4-0 vote, with Ferguson
ABSENT.
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H. REQUEST FOR APPROVAL OF FUNDING AGREEMENT BETWEEN THE
CITY OF PALM DESERT AND EISENHOWER MEDICAL CENTER IN THE
AMOUNT OF$10 MILLION FOR CAPITAL IMPROVEMENTS TO MEDICAL
CENTER AND NAMING OF FOURTH FLOOR OF THE ANNENBERG
PAVILION (CONTRACT NO. C26860).
Mr. Ortega noted he and the City Atto�ney reviewed the subject agreement
and the City Attorney wished to offer some modifications for clarification. He
noted that representatives of Eisenhower Medical Center (EMC) were
present.
Assistant City Attorney Steve Deitsch stated he had a brief opportunity prior
to the meeting to speak with Mr. Michael Landes, representative of
Eisenhower Medical Center, regarding most changes. He noted Mr. Landes,
in all fairness, didn't have a chance to thoroughly consider the modifications
he was about to offer. He believed the modifications were for clarification
only and met with the intent of the parties who drafted the agreement in the
first place. The following modifications were proposed to the agreement:
Page two, Section 2 - Term. The term of the agreement should be
three full years, and in order to accomplish that, the sentence should
be reworded to read: Term. This agreement shall remain in full force
and effect until July 31, 2010; provided that fhe covenant set forfh in
Section 3 of this agreement, shall survive the term of this agreemenf.
Page two, Section 3 - Recognition and Services. This section dealt
with the naming rights for the second floor and also related to The
Ambassador Society Wall of Honor. It was suggested to add a
sentence at the end of Section 3 to read: Such naming and
recognition shall remain in place in perpefuity.
Page two, Section 3 - Services. The first sentence needs language
inserted to have it read: In order to empower residents to make the
best decisions for their health care needs, Eisenhower Medical Cenfer
will offer without fee or charge fo residenfs of Palm Deserf screenings
on a monthly basis by trained licensed professionals. In addition,
insert language to the last paragraph to read: In addition Eisenhower
Medical Center shall offer seminars six times a year wifhout fee or
charae for fhe benefit of residenfs of the Citv of Palm Desert durinq
the ferm of this aqreemenf, which will include the following topics:
Page Two, Section 5 - Reviews. The first sentence needs additional
language for clarity and to read: The City and Eisenhower shall meet
once a year during the ferm of this a4reemenf to review progress and
administration of fhis Agreement.
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Mr. Deitsch concluded with his proposed revisions and believed they
provided clarification to the Agreement. He offered to answer any questions.
MR. AUBREY SERFLING, CEO, President, Eisenhower Medical Center
stated he and MR. MICHAEL LANDES agreed the modifications were in the
spirit of the agreement and certainly consented and agreed to them. He
shared that he personally had a major ambition for the Medical Center and
believed it could be recognized as one of the great ones in the United States.
He said they've worked diligently on recruiting new physicians over the past
three years, and have hired more than 30 new physicians, which was at
times, a serious physician shortage in the community. He said he was a
tireless supporter of the nursing program both at College of the Desert and
Cal State, San Bernardino, because they've opened up opportunities for
young people in the community, but a tremendous need for nurses still
existed. However, when he first came to the desert in the fall of 2000, there
were 130 nursing positions open and it was currently 20. In addition, the
capital requirements for any medical center were daunting because of the
new technology, incredible growth in the Valley, and the need to dramatically
expand the physical capabilities. He said there were major projects currently
underway and were possibly at the half way point in terms of the project. On
behalf of EMC, the Board, and its employees, he thanked the City for
considering their request and for helping with the journey of building one of
the great medical centers in California. He went on to say that most of his
professional background involved hospitals with academic medical centers
that had training programs for physicians in terms of interns and residents.
He said he worked closely with the University of California, Riverside (UCR)
and shared that the University was expanding their two-year program to a
four-year program and would bring an academic capability to EMC as well.
He again thanked the Council for considering their request.
MR. MICHAEL LANDES expressed his appreciation to each Councilmember
for believing in EMC, specifically Councilmember Ferguson and Mr. Ortega
for their leadership, and the citizens of Palm Desert. He said the contribution
will make an enormous difference. He reiterated the employees were thrilled
with Palm Desert's support, and they will make it work further by going to the
city of Rancho Mirage and Indian Wells, to let them know what Palm Desert
did.
Councilman Spiegel recognized Eisenhower's goodwill gesture of sending
equipment that wasn't being used to Ixtapa-Zihuatanejo. He said it was an
independent decision by Eisenhower and thought it was a wonderful thing
they did. He went on to say that EMC and staff put together the subject
agreement that will benefit the citizens of Palm Desert, which he believed
was a great accomplishment between any City and hospital.
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Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject funding
agreement in an amount not to exceed $10,000,000 with the proposed amendments to the
agreement specified by the City Attorney; 2) authorize the Mayor to execute said
agreement—funds have been budgeted in Fiscal Year 2007/08. Motion was seconded by
Finerty and carried by a 4-0 vote, with Ferguson ABSENT.
I. REQUEST FOR ADOPTION OF RESOLUTIONS APPROVING PAYMENT
BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE COSTS
OF IMPROVEMENTS TO COOK STREET(JOINT CONSIDERATION WITH
THE PALM DESERT REDEVELOPMENT AGENCY).
Mr. Ortega stated one of the reasons why this item was a joint consideration
for the Agency, was because the Agency was asking for the City to pay the
cost. He said the question regarding the 50% cost sharing was raised by
Mayor/Chairman Kelly and offered that Mr. Greenwood was available to
answer it.
Mayor/Chairman Kelly noted the staff report indicated a 50/50 split, and
asked why not a 75/25 split.
Mr. Greenwood responded it was a 50/50 project because it was commercial
paper money through the Riverside County Transportation Commission
(RCTC); all the projects throughout the Valley were reimbursed at 50%.
Initial contacts were made with Coachella Valley Association of Governments
(CVAG)to change the City's reimbursement to 75%, but they were reluctant,
because it would significantly impact CVAG and affect millions of dollars
worth of projects.
Mayor/Chairman Kelly stated since CVAG changed the reimbursement rate
from 50/50 to 75/25 at the first of the year, with other projects in the same
condition, he knew down the line other cities will want 75/25. He said the City
was collecting a large amount to do the work, and if the decision was made
that the City could handle 75/25, he thought it should be done because it
was the right thing.
Mr. Greenwood agreed to push CVAG a little harder.
Mayor/Chairman Kelly stated he would approve this item if it included a
stipulation that staff will negotiate for 75/25, otherwise he wouldn't vote yes.
Councilman/Member Spiegel suggested the item to be continued until a
definitive answer was obtained.
Mr. Ortega stated a continuance was not necessary because Council would
only be approving the Agency's reimbursement, and the resolution could be
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revised to read "up to 50%." If 25% was eventually negotiated, then that's
all that would be paid.
Councilman/Member Spiegel stated he didn't want Palm Desert paying 50%
and some of the sister cities paying 25%.
Mayor/Chairman Kelly agreed, and stated that's probably what will happen.
He said this item should be continued to the next Council meeting and ought
to have an explanation as to why it wouldn't be 75/25, and also find out
where the other projects in the Valley were that are affected in the same
way. He thought Council should be better informed.
Councilman/Member Spiegel noted it involved more than $2 million.
Councilman/Member Spiegel moved to continue this matter to the meeting of
September 13, 2007. Motion was seconded by Finerty and carried by a 4-0 vote, with
Ferguson ABSENT.
J. CONSIDERATION OF A REQUEST FOR SPONSORSHIP OF
2008 FASHION WEEK EL PASEO, MARCH 23 - 30.
Mayor Pro Tem Benson stated this event was an experimental endeavor,
and in talking to various merchants along EI Paseo, all were very happy with
the event. She said Palm Springs Life, the organizers of the event, had done
a fantastic job of including the City in everything.
Mayor Pro Tem Benson moved to, by Minute Motion, approve a Presenting
Sponsorship Agreement (Contract No. C26870) with Palm Springs Life in the amount of
$100,000 for the 2008 Fashion Week EI Paseo event, plus in-kind services in an amount
not to exceed $10,000. Motion was seconded by Spiegel and carried by a 4-0 vote, with
Ferguson ABSENT.
K. REQUEST FOR EXTENSION OF CONTRACT FOR PROFESSIONAL
SERVICES FOR WEBSITE CONSULTING FOR JULY 2007 THROUGH
JUNE 2008 (CONTRACT NO. C23181).
Responding to Councilmember Finerty's question about whether or not the
item was budgeted, Mr. Von Gelder replied it was, and the account was
listed as part of the recommendation.
Mr. Ortega explained if staff was requesting an appropriation, it would be
stated as part of the recommendation, but before an expenditure was made,
Council had to appropriate it. So, approval didn't mean you're adding the
expenditure to the budget, merely that your authorizing the expenditure.
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Councilman Spiegel moved to, by Minute Motion, approve extension of the subject
contract with Kimberly Corak, Website Consultant, in an amount not to exceed $66,000—
funds are available in Account No. 110-4190-415-3091. Motion was seconded by Finerty
and carried by a 4-0 vote, with Ferguson ABSENT.
L. REQUEST FOR APPROVAL OF HONORARIUMS FOR ARTISTS TO
CREATE MODELS/PRESENTATION RENDERINGS FOR AN "ANDY THE
DONKEY MAN" SCULPTURE (CONTRACT NOS. C26880A-D).
Councilman Spiegel moved to, by Minute Motion, approve payment of honorariums
in the amount of $2,000 each for artists Terry Allen, W. Stanley Proctor, Dee Clements,
and Clay Dahlberg to create models/presentation renderings for the subject sculpture —
funds are available in Account No. 436-4650-454-4001. Motion was seconded by Benson
and carried by a 4-0 vote, with Ferguson ABSENT.
Mayor Kelly noted this project was Mayor Pro Tem Benson's idea and
thought it was a perfect example of what public art should represent,
because it fit in with the history of the City and will be placed at a logical
location. He thanked Mayor Pro Tem Benson for her idea.
Ms. Gilligan added that she spoke to the niece of Andy the Donkey Man,who
lives in La Quinta, and stated she was very anxious to be part of this
homage. Ms. Gilligan thought it was great to have someone from his family
involved.
M. REQUEST FOR APPROVAL OF A LOAN RECOGNITION AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND SUMMIT-MONTEREY
PROPERTIES, LLC (A.K.A. "FALLING WATERS") Related to Case
Nos. PP/CUP 05-22 and TT 34179(Summit-Monterey Properties,Applicant).
Mr. Ortega explained the City Council previously approved a Housing
Agreement that required the Applicant to construct certain low-moderate
income housing. The Applicant was obtaining a loan, and the subject
agreement stated the City recognized there would be a loan on the property,
and if there was a default, it wouldn't void the Housing Agreement. The
City's Housing Agreement will stand regardless of who owns the property.
Upon further question, Mr. Ortega responded the City was not lending the
Applicant money, and the City was guaranteed low-income housing.
Councilman Spiegel moved to, by Minute Motion: 1) Approve a Loan Recognition
Agreement, in accordance with the conditions of approval of the Summit-Monterey
Properties, LLC, project by Resolution No. 06-27, between the City of Palm Desert and
Summit-Monterey Properties, LLC, substantially as to form; 2) authorize the Mayor to
execute the finalized agreement. Motion was seconded by Benson and carried by a 4-0
vote, with Ferguson ABSENT.
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NOTE: THIS ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS
PRIOR TO THE MEETING.
N. REQUEST FOR APPROVAL OF THE PURCHASE OF FURNISHINGS FOR
THE DESERT WILLOW GOLF RESORT CLUBHOUSE.
Councilman Spiegel moved to, by Minute Motion, approve purchase of new dining
room chairs, patio chairs, patio cushions, and patio tables forthe Desert Willow Clubhouse
by authorizing the following: 1) Purchase Order in the amount of $59,600 plus a $5,960
contingency to Two Zero Six, Seattle, Washington, for the purchase of dining room chairs;
2) Purchase Order in the amount of $38,877 plus $3,888 contingency to David
Moore/David Moore & Company Quality Cushions, Rancho Mirage, Ca4ifornia, for patio
seating, cushions, and tables; 3) appropriation of $58,325 to Account No.
241-4195-495-8092 for this project — committed funds in the amount of $50,000 are
available in the Fiscal Year 2007/08 Capital Budget, Account No. 241-4195-495-8092.
Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT.
NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY 4-0 VOTE AT
CONVENING OF THE MEETING.
O. REQUEST FOR AUTHORIZATION TO RELEASE LANDSCAPE SECURITY
FOR TRACT NO. 34626 (PART OF COMMUNITY FAC4LITIES DISTR{CT
NO.2005-1)UPON RECEIPT OF REPLACEMENT BOND(WL Homes, LLC,
Applicant).
Mr. Greenwood stated this item was a request to substitute bonds on the
Lang Homes project at University Park.
Mr. Ortega stated Lang Homes had put up bonds for the City, and they were
no longer necessary. Approval of this item will release the original
developer's bond.
Responding to question, Mr. Greenwood stated Lang Homes originally
posted a bond for the landscaping of the perimeter of their project. Sierra
Landscaping was now hired to install that landscaping, and they have posted
a substitute bond, which was before Council. The bond is for an identical
amount, and identical in every way, other than it was now Sierra Landscape
rather than Lang Homes. The agreement between developers required this
action in order to move forward in a timely manner, that's why staff added it
to the agenda. He said the contractor was hired and currently working, and
the project had remained on track. Upon further question, he said the
Landscaping Committee had al�eady approved the project in the past.
Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to release
landscape security number 5024759 by WL Homes, LLC, upon receipt of a replacement
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bond for Tract No. 34626 by the landscape contractor, Sierra Landscape Co. Motion was
seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 TO CONTRACT
NO. C22870C — CONSTRUCTION MANAGEMENT SERVICES FOR THE
WHITEWATER BRIDGE AT PORTOLA AVENUE (PROJECT NO. 647-04).
Councilman Spiegel asked what was the total cost for the construction of the
bridge.
Engineering Manager John Garcia responded it was about$12 million, if you
added up all the consultants' fees, construction costs, and construction
management services.
Mayor Kelly asked when would all four lanes be opened.
Mr. Garcia replied striping would begin Monday. He said Council had to keep
in mind that because of construction of the soundwall northbound, north of
Magnesia Falls Drive, one of the lanes would be closed. Upon further
question, he said the soundwall project will run to the end of September.
Councilman Spiegel moved to, by Minute Motion, approve Amendment No. 2 in the
amount of$82,212 to the subject contract with Berg & Associates, San Pedro, California,
and authorize the Mayorto execute same for additional construction management services
required due to the delay of side slope and invert paving construction caused by flooding
of the channel, and for construction of the soundwall on northbound Portola Avenue.
Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT.
B. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT
NO. C25450 — FOR SERVICES AND MATERIALS IN THE ADVERTISING
AND PROMOTION OF THE EL PASEO BUSINESS IMPROVEMENT
DISTRICT.
Councilmember Finerty moved to, by Minute Motion, approve Amendment No. 1 to
the subject agreement between the City of Palm Desert and Furino/Greene Creative, Inc.,
Palm Desert, California (formerly Creative I Group, Inc.), extending the contract from July
1, 2007, through June 30, 2008, in an amount not to exceed $240,000 — funds are
available in Account No. 271-4491-464-3215. Motion was seconded by Spiegel and
carried by a 4-0 vote, with Ferguson ABSENT.
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XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A PRECISE PLAN/CONDITIONAL USE
PERMIT AND DEVELOPMENT AGREEMENT TO CONSTRUCT A 12-UNIT
SENIOR CITIZEN APARTMENT PROJECT LOCATED AT
73-811 SANTA ROSA WAY, AND APPROVAL OF THE HOUSING
AGREEMENT RELATED THERETO Case Nos. DA 07-01 and
PP/CUP 07-06 (Bernard Investment Group / Ken Bernard, Applicant).
Ms. Aylaian stated the Applicant was requesting approval of a precise plan
Development Agreement and Conditions of Approval for construction of a
12-unit Senior Citizen Apartment project on Santa Rosa Way. The project
was before Council and approved in 2002, but the development agreement
was never finalized or executed, and the property owner sold the property to
the current Applicant. Since then, minor changes were made to the project
involving tweaking the site design, and modifications to the housing
agreement to reflect the changes in affordable housing since 2002. The
property was zoned R-2, Senior Overlay and was designated High Density,
7-18 units per acre, a two-story building, 24 feet tall, with more parking, more
open space, and greater setbacks than is required. The Planning
Commission approved the project 5-0, and Architectural Review Commission
approved the plan on a 5-2-0 vote. She noted the Applicant was available
to answer questions.
Responding to question, Ms. Aylaian replied the project complied with the
City's Energy Ordinance.
Responding to Councilman Spiegel's question about an elevator on the
complex, Ms. Aylaian replied there was not an elevator. She said the design
consisted of finro separate buildings, and an elevator was not required by
code. She said all the units on the ground floor would be fully accessible,
and those on the second floor wouldn't be accessible to people who required
wheelchair mobility assistance.
Mayor Kelly noticed the blue print took up a small percentage of the land,
and wondered if the complex could be single story and still stayed within the
ordinance, with the same number of units.
Ms. Aylaian agreed a different approach could have been taken to the
design, but the Applicant chose to use the initial design that was approved
rather than redesigning it. If it were to be redesigned, it would require further
study to see if all 12 units and the required parking and open space could fit.
Mayor Kelly stated the City had several senior housing projects that were
single story. He thought this project should be one if it didn't have an
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elevator, even though it was not required. He didn't think seniors would buy
a house with stairs.
Councilmember Finerty agreed and thought it would be difficult when
carrying groceries that had to be towed up the stairs.
Mayor Kelly declared the public hearing open and invited anyone wishing to address
the City Council on this matter to come forward at this time.
MR. KEN BERNARD, Developer, stated he would address some of the
questions raised by Council. He said he attempted to configure a
single-story building, but the lot was only 22,000 square feet, and because
of the parking requirements and setbacks, it was impossible. He said a
single-story building would make it economically feasible. Initially when he
was introduced to the project by Planning staff, he thought it was a nice
project and purchased the land from the previous owner,and later purchased
the project. He said each building had six units each,with three units located
upstairs, and one staircase at each end. He pointed out the City had other
two-story senior housing. In fact, there was currently one being built in the
adjacent property. He said he was a 65-year-old senior and didn't think all
projects had to have elevator accessibility. He said walking up the stairs may
keep some a little more healthy, which he opted to take in his own office
building, even though it had an elevator. He said there was little that could
be done with this small flat-shaped lot, and respectfully requested approval
of his project.
With no further testimony offered, Mayor Kelly closed the public hearing.
Responding to question, Ms. Aylaian stated with the demographics in Palm
Desert,there was a large population of seniors who were looking for housing,
and across that spectrum, there were people who would not hesitate to live
in a second-story apartment. In a perfect world, there would be elevators so
that as one aged, there would be no need to move. She said the economics
of the project changed if elevators were required, particularly because there
were two buildings. She said it was close to $200,000 to add elevators, and
it would change the economics of the project to make it no longer viable.
She said the project was appropriate, and believed there would be people
comfortable with the second floor to make it an attractive project as
proposed.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 1141
to second reading,approving Development Agreement No.07-01;2)waive further reading
and adopt Resolution No. 07-61, approving Precise Plan/Conditional Use Permit No. 07-
06, subject to the attached conditions; 3) by Minute Motion, approve the Housing
Agreement, substantially as to form, authorize the City Manager to finalize the agreement
and the Mayor to execute same. Motion was seconded by Kelly.
24
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Councilmember Finerty recalled a similar project from when she served on
the Planning Commission,where the developer joined two buildings together
with only one elevator required, to make the project economically feasible.
It seemed to her, when dealing with seniors with hip replacements, knee
replacements, being what they are, elevators were a must.
Mayor Pro Tem Benson didn't see why two buildings were needed for a
12-unit complex, and thought it was better to have an elevator. She said
there were seniors who didn't use a wheelchair that couldn't walk up the
stairs, and it wasn't only walking up the stairs, but also carrying the groceries
from the parking lot.
Responding to question, Ms. Aylaian replied 62 years of age was considered
a senior.
Mayor Kelly agreed a single-story building would be much more feasible. He
said in certain circumstance setbacks could be adjusted even though the City
had an ordinance. He noted only 20% of the pad was taken up for the
buildings and thought if the project was redesigned into a single-story, it
would probably only take up 40%.
MR. BERNARD responded 6% was required for parking, which included
16-covered parking spaces and was required by the Fire Department. He
said the garbage facility for trash and the fencing in used up space as well.
He noted he owned another lot on Catalina Way that he would also be
planning for.
Mayor Kefly pointed out the project had generous open space next to the
parking lot, and stated Council would be more lenient on setbacks and open
space, in order to get a single-story building for seniors and still be made to
look nice with a small patio.
MR. BERNARD replied he would save a lot of money on construction alone,
if he could do a single-story building, and stated he would much rather build
a single-story, but it was an impossibility with the requirements involved.
Mayor Kelly asked staff if the City could work something out with the
Applicant to put a single-story for 12 units on the subject property.
Ms. Aylaian responded staff would certainly agree to look into it, but would
not hazard a guess without studying it further because it was a constrictive
lot, oddly configured, and difficult to use the space efficiently. She requested
further review.
Councilmember Finerty suggested considering joining the two buildings with
an elevator in the middle.
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Ms. Aylaian responded if staff was looking at options, they will go back and
consider all possibilities.
Councilman Spiegel made a substitute motion to continue the public hearing to
September 13, 2007. Motion was seconded by Finerty and carried by a 4-0 vote, with
Ferguson ABSENT.
Mayor Kelly reopened the public hearing.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Coachella Vallev Water District Sewer Pro�ect(CVW D)-Monterey Ave.
Mr. Ortega referred to one of the previous speakers at today's
meeting regarding the subject project. He said the good news was
that CVWD's Sewer Project was moving along, but the bad news was
that it was now going to be on Monterey Avenue. Therefore, staff has
explored several alternatives, and he asked Mr. Greenwood to
explain and specify the best one to provide the least amount of
inte�ruption time wise.
Mr. Greenwood said the project construction was progressing along
Hovley Lane West, currently near the Jewish Temple there and
getting close to Monterey Avenue. The last leg of the project was to
progress up Monterey Avenue to the intersection of Country Club
Drive. Staff had looked at many alternatives on how to do this work
on Monterey; the pipe is essentially in the middle of the northbound
lanes there. If the work was staged in order to maintain traffic flow as
possible there, it would go approximately 16 weeks, which would be
through the holidays and into February. After a great dea4 of effort by
a lot of people, an alternative was developed where the northbound
lanes of Monterey Avenue would be closed between Hovley Lane
West and Country Club for seven to eight, maybe nine weeks.
Responding to question, he said there were three lanes there, but the
pipe was very deep and the trench had to be very wide, which would
take up all the lanes. Further responding, he said if the traffic was
divided so that north/south traffic used the existing southbound lanes,
existing median islands would have to be removed, there would have
to be a lot more coordination required with the City of Rancho Mirage,
and it doubled the length of the work. ln dealing with CVWD and their
contractor, they're going to put a double crew on this area, one early
crew and one crew continuing later into the evening. If the City allows
them to close the northbound lanes, they will be done before
Thanksgiving in orderto have MontereyAvenue open, no construction
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whatsoever and normal traffic during the holiday shopping season.
He confirmed that the southbound lanes into Palm Desert would be
maintained, completely unimpeded, and that all northbound traffic
would be notified starting at Fred Waring that Monterey Avenue would
be closed at Hovley Lane and to use Portola Avenue;the same notice
would be provided at Magnesia Falls Drive, and then the final detour
notice at Hovley Lane to Portola. Portola Avenue would be
completely paved and fully open at that time. Upon further question,
he said traffic can take the detour at Hovley Lane, but it was the intent
to persuade drivers to take Fred Waring or Magnesia Falls to Portola
to help lessen some of the traffic volume on Hovley. In response to
question about how many lanes would be available if northlsouth
traffic was maintained on Monterey with the project then going into
February, he believed two lanes could be maintained in each direction
most of the time; however, the median would first have to be
removed. He noted that a CVWD representative was in attendance
to provide further info�mation if desired.
Mayor Pro Tem Benson felt getting the project done by Thanksgiving
was the better alternative.
Councilman Spiegel noted that Thanksgiving then often becomes
Christmas.
Mr. Greenwood related that staff worked long and hard on the
schedule, which was paramount to the City, and the agreement
provided that they would be done with this section by Thanksgiving.
He acknowledged that it would still be painful.
City Councilmembers concurred that staff's recommended alternative should be
pursued in order to get the work done by Thanksgiving.
Councilmember Finerty requested that this traffic advisory be
generously publicized, especially in the Bright Side.
2. "Te Rakai-A-Rongo (Adom the Peace)" - Sister City Gisborne,
New Zealand. Artwork
Mr. Ortega called attention to the traditional Maori "hei-tiki" artwork, a
gift from the City's Sister City of Gisborne, which was recently
installed in the City Council Chamber. He provided copies of an
announcement with further details about the piece from the Mayor of
the Gisborne District Council.
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B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
o Fire Department
Chief Rios noted the Fire Report provided to City Councilmembers
under separate cover and offered to answer any questions about it.
He added that they were also gearing up for the Annual Mini-Muster
Event in October.
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council ReQuests for Action:
1. New Enterprise Car Rental Location - Highwav 111
Councilman Spiegel noted the new car rental office was a stark
white color and questioned whether it was going to stay that
color or if the project was still being finished. Councilmembers
noted that green and white were Enterprise's signature colors.
Ms. Aylaian said she would look into the matter and provide a
response to Councilmembers tomorrow.
2. World Savinqs Bank/Wachovia - SWC HiqhwaYs 111/74
Councilman Spiegel asked when the subject p�oject recently
approved by City Council would break ground.
Ms. Aylaian responded that the project hadn't even been in for
plan-check yet, adding that it was typically at least a six-month
lag time between project approval and breaking ground. She
would provide an answer to the City Council on this item as
well.
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o City Council Committee Reports:
None
o City Council Comments:
1. Leaque of California Cities Annual Conference - Sept. 5-8
Mayor Kelly reported that he was not going to be able to attend
the Annual Conference, and Mayor Pro Tem Benson was
departing the Conference before voting took place. He'd
reviewed the resolutions to be voted on, and there were only
four this year.
Mayor Pro Tem Benson said she'd also reviewed them and
didn't think any of them pertained to the City of Palm Desert.
Mayor Kelly agreed.
Councilmembers concurred.
2. Brivht Side Article - EmerpencYVehicles
CouncilmemberFinertythanked staffforthe article in the City's
August newsletter, reminding drivers to yield to emergency
vehicles.
XIX. ADJOURNMENT
With City Council concurrence, Mayor Kelly adjourned the meeting at 5:41 p.m.
RICHARD S. KELLY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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