HomeMy WebLinkAboutPRELIM CC 08/28/08 DRAFT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 28, 2008
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Benson convened the meeting at 3:02 p.m.
II. ROLL CALL
Present:
Councilman Jim Ferguson arrived at 3:30 p.m.
Councilmember Cindy Finerty
Councilman Richard S. Ketly
Mayor Pro Tem Robert A. Spiegel
Mayor Jean M. Benson
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, ACM for Community Services
Justin McCarthy, ACM for Development Services
Stephen Y. Aryan, Assistant to the City Manager
Rache�le D. Klassen, City Clerk
Bo Chen, City Engineer
Russell Grance, 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
Mark Greenwood, Director of Public Works
David Yrigoyen, Director of Redevelopment & Housing
Frankie Riddle, Director of Special Programs
Steve Brooker, Battalion Chief, Palm Desert Fire/Cal Fire/Riverside Co. Fire Dept.
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
PRELIMINARY MINUTES �RAFT
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
IV. ADJOURN TO CLOSED SESSION
Mr. Erwin asked for the City Council's consideration of adding two items of existing
litigation to the agenda for Closed Session: 1) Dawn Taylor v. Palm Desert
Redevelopment Agency; 2) Paluha and Baraco v. Palm Desert.
Upon inquiry by Mayor Pro Tem Spiegel about whether or not a City Council
subcommittee meeting with City of Rancho Mirage officials about a traffic light could
be discussed in Closed Session, Mr. Erwin responded that it would not be
appropriate.
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APN 640-020-008
Negotiating Parties:
Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Labrador Trust
Under Negotiation: x Price x Terms of Payment
2) Property: APN 628-120-001
Negotiating Parties:
Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: John McCormick
Under Negotiation: x Price x Terms of Payment
3) Property: APN 637-063-049,
77-805, 77-815, 77-835, and 77-845 California Drive
Negotiating Parties:
Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Palm Desert Country Club Villas
Homeowners' Association
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
2
DRAFT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
On a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with
Ferguson ABSENT,the following two cases of existing litigation were added to the agenda.
b) Dawn Taylor v. Palm Desert Redevelopment Agency, Riverside County
Superior Court, Case No. INC 070949
c) Paluha and Baraco v. Palm Desert, Riverside County Superior Court,
Case No. INC 077804
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potentiat cases: 3
With City Council concurrence, Mayor Benson adjourned the meeting to Closed
Session at 3:04 p.m. She reconvened the meeting at 4:00 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE
UNITED STATES OF AMERICA - Councilman Richard S. Kelly
VII. INVOCATION - Mayor Pro Tem Robert A. Spiegel
VIII. ORAL COMMUNICATIONS - B
MR. GARY LEUDERS, Board Member of the Desert Bicycle Club based in Palm
Desert and Member of the Coachella Valley Community Trails Alliance, came
before the City Council to thank them for installing and striping the bike lanes this
summer. He said safety on the roads for both bicycles and cars was paramount.
Without a bike lane, cars tend to merge left, causing possible car-to-car conflict to
the left. Whereas, bike lanes provide predictabilityformotorvehicleswhen they see
a cyclist ahead of them on the road along the right lane inside the white line,
motorists tend to feel safe going straight ahead and maintaining their speed.
Therefore, he reiterated his group's appreciation for the City's attention to the bike
lanes.
3
DRAFT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/CAL FIRE/
RIVERSIDE COUNTY FIRE DEPARTMENT PARAMEDICS FOR
EXEMPLARY SERVICE TO THE CITY AND ITS RESIDENTS.
Mayor Benson stated that each year, Palm Desert's Paramedics responded
to calls for various types of inedical assistance, typically numbering well over
500 per month as reflected in reports provided to the City. She said these
dedicated men and women were among the City's most unsung heroes, and
the City Council wished to recognize their contribution to the
community—ensuring the well being of those who live and visit here—with a
small token of appreciation. She introduced Battalion Chief Steve Brooker.
Chief Brooker confirmed that the Paramedics responded to approximately
6,000 calls for service in the City per year (e.g. traffic collisions, medical
emergencies), and did so 24 hours/day, 365 days/year. He said they were
most appreciative of this recognition, and he introduced the following
Firefighter-Paramedics serving Palm Desert: Dan Hauer, Jimmy Barraza,
Bobby Garcia, and Mark McLean.
On behalf of the City Council, Mayor Benson presented each Firefighter-
Paramedic with a small gift bag, and Chief Brooker would take bags back for
those who were unable to be present at the meeting.
B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/
PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR
OUTSTANDING SERVICE - JULY 2008.
On behalf of the City Council, Mayor Benson and Mr. Ortega recognized the
following employees for their service above and beyond the call of duty:
Brad Chuck, Miguel Garcia, Veronica Tapia, Cathy Walker, and
Johnny Terfehr.
C. PRESENTATION OF THE INSTITUTE OF TRANSPORTATION
ENGINEERS'"2008 PUBLICAGENCYCOUNCILACHIEVEMENTAWARD
FOR EXCELLENCE" TO THE CITY OF PALM DESERT'S
TRANSPORTATION PROGRAM .
Mr. Greenwood presented the City Council with the subject award, which
was conferred upon the City and its Public Works Department. He said staff
was very proud of this recognition, and especially that Councilman Kelly was
able to represent the City at the ceremony last week.
4
I�R�4FT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
Councilman Kelly added that the award was quite significant and prestigious,
in that Palm Desert was the only small city recognized nationally, with most
of the awards being given to large cities tike Los Angeles or to State projects.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of July 10, 2008, July 24,
2008, and August 14, 2008.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 289, 293, 294, 1, 5, 6, 8, 9, 12, 16, 17, 21, 25, 27, 31, 45, and 49.
Rec: Approve as presented.
C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of April 2008, May 2008, and June 2008 (Joint Consideration with the
Palm Desert Redevelopment Agency).
Rec: Receive and file.
D. APPLICATION FORALCOHOLIC BEVERAGE LICENSE by Pacifica In the
Desert, 73-505 EI Paseo, Suite F-2608, Palm Desert.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by EI Sol Azteca,
74-478 Highway 111, #C, Palm Desert.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fregoso
Imports, 74-818 Velie Way, Palm Desert.
Rec: Receive and file.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by McGowan's
Irish Pub, 73-340 Palm Desert Drive, Palm Desert.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
5
DRA�T
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
H. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Landscape Beautification Committee Meetings of June 18, 2008, and
July 16, 2008.
2. Marketing Committee Meeting of June 17, 2008.
3. Parks & Recreation Commission Meeting of June 3, 2008.
4. Youth Committee Meeting of June 2, 2008.
Rec: Receive and file.
I. RESIGNATION of Sherry Trevor from the Citizens' Advisory Committee for
Project Area #4.
Rec: Receive with very sincere regret.
J. RESOLUTION NO. 08-76 - A Resolution of the City Council of the City of
Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Paper Files from the Office of the Director of Finance that
Have Been Digitally Imaged.
Rec: Waive further reading and adopt.
K. REQUEST FOR ADOPTION of Resolutions of the City Council of the City of
Patm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Paper Records from the Department of Building &Safety that
Have Been Digitally Imaged.
Rec: Waive further reading and adopt: 1) Resolution No. 08-77 -
October 2007 Records; 2) Resolution No. 08-78 - Re-scanned
October 2007 Records; 3) Resolution No. 08-79 - February 2008
Records; 4) Resolution No. 08-80 - March 2008 Records;
5) Resolution No. 08-81 - Aprit 2008 Records; 6) Resolution
No. 08-82 - May 2008 Records.
L. REQUEST FOR AUTHORIZATION to Refund Permit Fees Collected from
Various Applicants for the Period of July 1-11, 2008.
Rec: By Minute Motion, authorize the refund of permit fees collected
between July 1-11, 2008, in the total amount of$1,837.84 as shown
on the accompanying staff report's Exhibit "A".
6
DRA�T
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
M. REQUEST FOR AUTHORIZATION to Refund Plan Check Fee for
49-967 Canyon View, Palm Desert (Albert Gudel, Applicant).
Rec: By Minute Motion, authorize the refund of Plan Check Fee in the
amount of$733.62 for Building Permit No. 08-00044141 for a project
located at 49-967 Canyon View.
N. REQUEST FOR AUTHORIZATION to Refund Building Permit Fees for
73-427 Santa Rosa Way, Palm Desert (Michael S. Hildebrand, Applicant).
Rec: By Minute Motion, authorize the refund of Building Permit Fees in the
amount of$202.20 for Building Permit No. 08-00044602 for a project
located at 73-427 Santa Rosa Way.
O. REQUEST FOR AWARD OF CONTRACT for Parking Lot Sweeping
Services for City-owned Parking Lots for Fiscal Year 2008-2009 (Contract
No. C27550A).
Rec: By Minute Motion: 1) Approve the subject contract for one year with
M & M Sweeping, Inc., Thousand Palms, California, for a total of
$10,500 for FY 2008-2009; 2)authorize the Mayor to execute same—
funds are available in Account No. 110-4310-433-3320.
P. REQUEST FOR APPROVAL of Agreement with the City of Rancho Mirage
for Maintenance of the Shared Traffic Signals on Monterey Avenue and
Dinah Shore Drive (Contract No. C28080).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
Q. REQUEST FOR AWARD OF CONTRACT for the De-installation and
Installation of the EI Paseo Invitational Exhibition (Contract No. C28090).
Rec: By Minute Motion: 1) Award contract for the subject project to
Michael Volpone, Cathedral City, California, in the amount of$2,800;
2) authorize the Mayor to execute same — funds are available in
Account No. 436-4650-454-4002.
7
DRAFT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
R. REQUEST FOR AWARD OF CONTRACT for the Refurbishment of"Desert
Star" and "Desert Flower" Artwork Located at 73-710 Fred Waring Drive
(Contract No. C28100).
Rec: By Minute Motion: 1)Award contract forthe subject project to Imperial
Signs, Indio, California, in the amount of $14,995; 2) authorize the
Mayor to execute same — funds are available in Account
No. 240-4650-454-3372.
S. REQUEST FOR APPROVAL of an Addendum to the Agreement for
Miscellaneous Repairs to the City of Palm Desert's Public Art Collection and
the EI Paseo Exhibition (Contract No. C27390).
Rec: By Minute Motion, approve an Addendum to the subject contract with
Same Day Express, Palm Desert, California, to perform
miscellaneous repairs to the City of Palm Desert's Public Art
Collection and the EI Paseo Exhibition — funds are available in
Account No. 240-4650-454-3372.
T. REQUEST FOR APPROVAL of Amendment No. 1 to Contract
No. C26850 — ADA (Americans With Disabilities Act) Self-evaluation of
City-owned Facilities and Transition Plan Development.
Rec: By Minute Motion: 1) Approve Amendment No. 1 to the subject
Professional Services Agreement with Bureau Veritas North America,
Inc., Corona, California, in an amount not to exceed $18,600 for
additional review services necessary to update the City's ADA
Strategic Plan; 2) appropriate said funds to Account
No. 110-4420-422-3010 for the Amendment.
U. REQUEST FOR RECISSION of Approval for Tract Map No. 32655-1 and
Authorization to Release Associated Security (Hover Development
Company, Inc., Applicant).
Rec: By Minute Motion, rescind approval of Tract Map No. 32655-1 and
authorize the City Clerk to release the related security.
V. REQUEST FOR APPROVAL of Parcel Map No. 34567
(Longs Drugs/Renata Tyler, Applicant).
Rec: Waive further reading and adopt Resolution No. 08-83, approving the
Map of Parcel Map No. 34567.
8
DRA�'T
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
W. REQUEST FOR APPROVAL of Parcel Map No. 35978 (Palm Desert
Associates, L. P., Applicant).
Rec: Waive further reading and adopt Resolution No. 08-84, approving the
Map of Parcel Map No. 35978.
X. REQUEST FOR APPROVAL of Field Trip Forms to Be Used in Connection
with the City-sponsored After School Program at Lincoln Elementary School
(Contract No. C27900).
Rec: By Minute Motion, approve the use of forms generated by the City of
Palm Desert/Family YMCA of the Desert, and Desert Sands Unified
School District to allow students enrolled in the City-sponsored After
School Program to participate in field trips associated with its civic
engagement component.
Y. REQUEST FOR APPROVAL of Out-of-State Travel for Department of
Community Development for Fiscal Year 2008-2009.
Rec: By Minute Motion, authorize travel involving three out-of-state trips for
staff members of the Department of Community Development during
FY 2008-2009 —funding was appropriated during the annual budget
process.
Councilman Ferguson requested Items D, G,and P be removed for separate
action under Section XI, Consents Items Held Over.
Upon motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the
remainder of the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pacifica In the
Desert, 73-505 EI Paseo, Suite F-2608, Palm Desert.
Councilman Ferguson stated the restaurants indicated under Item D and G
had been in Palm Desert for decades and wondered why they were
reapplying for an Alcoholic Beverage License.
Ms. Klassen responded she believed it had more to do with a transfer or a
change of the Corporate entity that controlted the license, and those
notifications were passed on to the City Council in the usual process.
Councilman Ferguson moved to receive and file. Motion was seconded by Spiegel
and carried by a 5-0 vote.
9
DR�►�r
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by McGowan's
Irish Pub, 73-340 Palm Desert Drive, Palm Desert.
Please refer to Item D for further discussion and action.
Councilman Ferguson moved to receive and file. Motion was seconded by Spiegel
and carried by a 5-0 vote.
P. REQUEST FOR APPROVAL of Agreement with the City of Rancho Mirage
for Maintenance of the Shared Traffic Signals on Monterey Avenue and
Dinah Shore Drive (Contract No. C28080).
Councilman Ferguson stated he was curious about the meeting that took
place with City of Rancho Mirage officials and the outcome of that meeting.
Mayor Pro Tem Spiegel stated there were some negatives and pluses to
report. He said in 2005, Palm Desert City staff approved installation of a
signal light atthe shopping centeron MontereyAvenue, 750 feet north of 35`h
Avenue. Palm Desert staff expressed their concern to having too many stop
lights on Monterey Avenue, but Rancho Mirage responded by using Dinah
Shore Drive as an example to where they have five stop lights, and it hadn't
affected business. However, Palm Desert's real interest was the widening
of Monterey Avenue to three lanes from the freeway to Country Club Drive,
by the City of Rancho Mirage, and Rancho Mirage announced they will begin
that project in May 2009. Another matter resolved that will move forward, is
the installation of inedians on Monterey Avenue. Further responding, he said
an item for reconsideration that will be brought back to Council, is the
location of a traffic signal on the west side of Monterey Avenue.
Mr. Ortega clarified this item was for a shared Maintenance Agreement of
existing traffic signals.
Councilman Ferguson moved to, by Minute Motion, approve of and authorize the
Mayor to execute the subject agreement with City of Rancho Mirage for the maintenance
of shared traffic signals on Monterey Avenue and Dinah Shore Drive. Motion was
seconded by Finerty and carried by a 5-0 vote.
10
DR�4�T
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
XII. RESOLUTIONS
A. RESOLUTION NO. 08-85 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL
YEAR 2007-2008 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS.
Mr. Ortega stated staff was recommending amending fiscal year 2007-2008
due to year-end adjustments. He said funds initially budgeted for police
services and sweeping resurfacing were not spent; a difference of more than
$2 million between revenues and expenses, with expenses being the lesser
amount. Responding to question, he confirmed the City spent less funds
than had projected, and it had a $2.2 million surplus.
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 08-85. Motion was seconded by Spiegel and carried by a 5-0 vote.
B. RESOLUTION NO. 08-86 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, GRANTING CONSENT TO
THE COUNTY OF RIVERSIDE TO FORM THE PALM SPRINGS DESERT
RESORT COMMUNITIES TOURISM BUSINESS IMPROVEMENT
DISTRICT.
Councilman Ferguson noted that Mr. Jeff Beckelman, who recently
underwent surgery, was unable to attend. He requested a two-week
continuance so that Mr. Beckelman might attend.
MR. WOODY PEEK, Palm Springs Desert Resorts Convention and Visitors
Authority, stated Mr. Beckelman could better answer any questions Council
might have and agreed to a continuance.
Councilman Ferguson moved to continue this matter to the meeting of
September 11, 2008. Motion was seconded by Spiegel and carried by a 5-0 vote.
C. RESOLUTION NO. 08-87 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS
RESOLUTION NOS. 06-164, 07-80, AND THEIR SUCCESSORS IN
PERPETUITY, AND AUTHORIZING THE CITY MANAGER TO GRANT
EXCEPTIONS TO PERMITTING FEES ON A CASE-BY-CASE BASIS
WHEN PRIVATE PROJECTS ARE DEEMED TO PROVIDE A DIRECT
BENEFIT TO THE PUBLIC.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution
No. 08-87. Motion was seconded by Kelly and carried by a 5-0 vote.
11
__ DRAF
T
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1162 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.32
OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH
PURCHASING POLICIES AND PROCEDURES.
Mr. Erwin noted the City Council changed a purchasing policy a number of
years ago, and the language was not changed to increase it from $500 to
$1,000, and approval of the this Ordinance would complete the change in
this process.
Councilman Ferguson moved to waive further reading and pass Ordinance No. 1162
to second reading. Motion was seconded by Spiegel and carried by a 5-0 vote.
B. ORDINANCE NO. 1163 - AN ORDINANCE OF THE C1TY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS OF
CHAPTER 5.100 OF THE PALM DESERT MUNICIPAL CODE, RELATED
TO ENTERTAINMENT PERMITS.
Mr. Erwin noted that Council requested the Ordinance be very specific with
regard to amplification, and a modification was made to the Ordinance to
reflect the change. Responding to question, he confirmed the following
language was added to the Ordinance: "No amplification of music or other
portions of the performance may continue past 10:00 p.m. in the evening
without a special permit from the City Council, City of Palm Desert."
Councilman Ferguson moved to waive further reading and pass Ordinance No. 1163
to second reading. Motion was seconded by Kelly and carried by a 5-0 vote.
For Adoption:
A. ORDINANCE NO. 1161 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 8.12 - TRASH ENCLOSURES, SECTION 8.12.030 AND
SECTION 8.12.040 OF THE PALM DESERT MUNICIPAL CODE.
Councilman Kelly moved to waive further reading and adopt Ordinance No. 1161.
Motion was seconded by Ferguson and carried by a 5-0 vote.
12
DRA,�'T
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
XIV. NEW BUSINESS
A. CONSIDERATION OF A PLANNING COMMISSION REFERRAL TO
APPROVE A PRELIMINARY BUILDING SITE FOR A FIVE-ACRE PARCEL
OF LAND IN THE HILLSIDE PLANNED RESIDENTIAL ZONE PURSUANT
TO THE REQUIREMENTS OF SECTION 25.15.130 (OPTIONAL
PRELIMINARYAPPROVAL)OF THE PALM DESERT MUNICIPAL CODE-
SAID REQUEST DOES NOT QUALIFY AS A PROJECT UNDER CEQA
GUIDELINES; NO ENVIRONMENTAL STUDIES ARE REQUIRED AT THIS
TIME - PROPERTY LOCATED WEST OF THE PALM VALLEY STORM
CHANNEL ON UPPER WAY WEST (APN 628-130-015) Case
No. HPR/PP 08-259 (Bruce Kuykendall/Barracuda, LLC, Applicant).
Following is a verbatim transcript of the discussion and testimony for New Business Item
A.
�
JMB Jean M. Benson, Mayor
RS Renee Schrader, Associate Planner
DN David Nelson speaking for Bruce Kuykendall and David Baron
JF Jim Ferguson, Councilman
CF Cindy Finerty, Councilmember
RSK Richard S. Kelly, Councilman
RAS Robert A. Spiegel, Mayor Pro Tem
RDK Rachelle D. Klassen, City Clerk
JMB Next is New Business, consideration of a Planning Commission referral to approval
a preliminary building site for a five-acre parcel of land in the Hillside Planned
Residential Zone pursuant to the requirements of Section 25.15.130, Optional
Preliminary Approval of the Palm Desert Municipal Code. Said request does not
qualify as a project under CEQA guidetines; no environmental studies are required
at this time. Property located west of the Palm Valley Storm Channel on Upper
Way West, APN 628-130-015, Case No. HPR/PP 08-259, Bruce Kuykendall and
Barracuda, LLC, Applicants.
RS Good evening Honorable Mayor and distinguished Councilmembers. Approval of
this request would recommend an appropriate building site for a single-family home
on a 5-acre lot within the Hillside Planned Residential Zone. A little background, in
the current Hillside Planned Residential Zone Ordinance, includes a section
regarding Optional Preliminary Approval. Underthis section of the Municipal Code,
applicants may propose standards for development for the property, including
building site location and access road...reviewed—to be reviewed by the Planning
13
R/4FT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
Commission. Once a preliminary site is approved by the Planning Commission,the
Applicant can prepare the necessary documents, including architectural design for
the full pri—Precise Plan submittal as required by the Hillside Planned Residential
Zone Ordinance. However, on July 1St, the Planning Commission reviewed the
potential pad site for the Applicant and voted 2-2, which constituted a "No Action"
vote. On August 5th,the Planning Commission...request, again received a 2-2 vote;
so the Planning Commission voted to refer the case to City Council for the
identif—identification of a preliminary site. To describe very quickly, this site is
located...west of the channel and west of the State Highway 74, on a site where
existing road does traverse the property called Upper Way West. There is a pad
that was graded in the 60's, and another additional pad that was graded sometime
before the property...Applicant owned the property; he purchased it in 2003. Staff
has identified two potential building sites, Pad #1 being the one where there is
graded pad about 18,000 square feet in size, and Pad #2, for which Pad #1 has an
access road...an easy way to make an access road that would not be visible from
the valley floor. Pad #2 would, would require that it, that the road be...constructed
in such a way that would be more visible. Finally, Pad #1 would require some fill
(unclear),the proposed project description would be to regenerate the ridgeline(the
red line shows the ridgeline), and re-naturalize and re-vegetate the site. Pad #2
would, would require a great deal of cut on the hillside and additional fill in order to
make a private—a pad of sufficient size. Staff, of the two options, staff would
recommend that the City Council preliminary identify the proposed Pad #1 as the
home site for the subject parcel, requiring such grading, and berming, and
re-naturalization as necessary to obscure the view of the home from—and
improvements from the valley floor, per the Hillside Planned Residential Ordinance
Optional Preliminary Approval. And that concludes my presentation. The Applicant
is not—was not able to attend, but has...requested that...someone speak on his
behalf when that time comes.
JMB Thank you. Any questions of Renee? Okay, thank you. I do have a card for David
Nelson.
DN Good afternoon, my name is David Nelson, I live on Beavertail Street, Palm Desert.
The property owner is Bruce Kuykendall, and David Baron, unfortunately could not
make it to this meeting and asked, so David Baron has asked me to read a
statement on their behalf: "Mayor and members of the Council, as you know, I along
with Bruce Kuykendall are the Applicant and owners of the property. Both of us are
out of State and could not be here tonight, that is why we requested a continuance
of the hearing for tonight. We are disappointed that the Council would not see fit
to grant our request for continuance of the hearing so that we attend in person and
make our presentation,we have been told that a continuance would be futile, as the
die has already cast on this vote in advance. The vote tonight would be to deny our
application for a location to build our lot, under the banner of maintaining the
integrity of the City's recent Hillside Ordinance. As you know, this application has
a tortured history. We have been attempting to obtain approval for a building pad
14
IDR�4FT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
location for about five years now; well before the Ordinance was adopted. At each
stage and process, we were met with delays, and after our initial approval from the
Planning Commission, we were advised by the City to withdraw our application and
to meet with the City to discuss alternatives. We did this as requested and met with
two members of the City Council, who essentially told us that no home would ever
be built on that lot, at least not on their watch. One Councilmember did tell us that
if they—that if the City policy was not to build on the hillside, then they—the City
should consider purchasing the property. We were told to obtain an appraisal, and
in turn, turn it in to Mr. Ortega. At a cost of over$2,000, we obtained the appraisal
requested by the City, which showed a value of$2 million. During that time, during
the time that Mr. Ortega was reviewing the appraisal, the City passed the very
Hillside Ordinance now barring development of our property. Once the Ordinance
was passed, we were advised that the City was not interested in purchasing the
property. While I can appreciate the policy decisions...of not want—wanting any
further development in the hillside, such a policy comes with a cost. We were, and
are willing sellers of the property, but to set us up in this fashion, is not a legitimate
tactic for the City to employ. Perhaps the timing was coincidental, but it sure smack
of sharp practices and a concerted effort by the City to frustrate a realization of a
legitimate return on our investment. We believe the City's failure to approve our
application results in a taking of our property. A negative vote, leaves us with no
ability to obtain any reasonable return on our investment, as such, we believe the
City will have inversely condemned our property. Moreover, it appears to us that the
definitions in the Ordinance, relative to the ridgeline, are unconstitutionally vague,
and most certainly arbitrary capricious where drawn. Nobody at the City really
knows, for example, how wide the ridgeline prohibition is at any given point. Is it 10
feet, 30 feet, or 30 yards? We also believe that similar properties are being treated
in a different manner; for example, our neighbor next door, Stone Eagle, has an
application to the City to approve four to five homes on five acres; even though the
property is considered Hillside. How can that application be approved and not
ours? In fact, the owner of that property has already told many people, he already
has the approval all wrapped up. We know Mr. Lennon is very well connected with
the City, and it appears that those conditions may enable an approval in that
context, but a denial to our application, as well as to Mr. Nelson's application
rejection. In Mr. Lennon's case, when the Hillside Ordinance was initially passed
with all of the ridgelines designated, the ridgeline on Mr. Lennon's property was
eliminated for some reason, until it was brought to the City's attention. It is very
disturbing how some ridgelines are designated appropriately and some are not.
Such is further evidence, at best, that the statutory scheme as flawed, is arbitrary
both capricious and as applied. I request that the Civic—City reconsider iYs position
on this application. It is—it is not appropriate to just say to a land owner that you
cannot build on your property without some compensation for that decision. One
day we had a property worth $2 million, and so with this vote, I have been advised
by multiple appraisers that the property will be virtually valueless. The legitimate
approach for the City should be to pay for its policy decisions. We have no problem
with the City deciding to maintain the hillside a perpetual open space; that is a
15
DR`4��-
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
legitimate policy decision and goal, but that is a policy of the Council whose City
should pay for the policy decision and not attempt to financially devastate those
affected. We appreciate your due consideration and only ask that we be treated
fairly as you have treated and intended to treat our next door neighbor. Thank you.
JMB Anybody else that wanted to speak? What's your pleasure?
JF Well, let me start by saying, that read more like an opening brief to a trial than a
concerned comment from a land owner, so to that...respect and in that regard, and
every other respect, I disagree with every contention that was set forth in that letter.
Particularly the one about the die is cast. We do have a Brown Act, we are
supposed to discuss things in public, and we're about to with five people, so you
don't have to worry about a 2-2 vote. I stated, Mr. Nelson, when we considered
your property, my philosophy on this, it hasn't changed. There is no building on a
ridgeline, I don't know what's ambiguous about that, and I don't feel that the City
should be in a position of telling you where to build your house, because no matter
where we tell you, you're always gonna' tell us iYs economically unfeasible. So,
we're in a lose-lose situation from a litigation standpoint...when iYs appropriate, I
would make a move—a motion that we simply deny the application in its entirety.
JMB Comments?
CF Yes, I would concur...to, to question how wide the ridgeline is, is ridiculous in my
opinion. The ridgeline is the ridgeline, it's anything that can be seen, it's anything
that's gonna' impact the beauty of our mountains, that's going to impact our
residents; so ridgeline development is prohibited period, and with that, I will second
Councilman Ferguson's motion of denial.
RSK Well I think the Ordinance is very clear that the...there is no building on the
ridgeline, and I concur with...Councilmember Ferguson, and I resent somebody
insinuating that somebody already has approval for some project,thaYs not...l don't
appreciate that at all, but I concur with the motion.
RAS I can't really add anything to that because I agree.
JMB I think...l agree as well, it's a fact that it's very clear, what someone doesn't
understand of the "No" on the ridgeline, we'd be happy to explain it. So no means
no, so with that please vote.
RSK The, the vote is to deny?
RAS ThaYs correct.
JMB To deny.
16
�R �r
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
J F Yes.
RDK Motion carries by unanimous vote.
For purpose of clarification:
Councilman Ferguson moved to deny the application in its entirety. Motion was
seconded by Finerty and carried by a 5-0 vote.
B. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW
COMMISSION ACTION, DENYING A REQUEST TO ALLOW SIGNAGE
LOCATED HIGHER THAN THE MAN DOORS ON THE REAR OF
BUILDING "A" FACING THE FREEWAY FOR DESERT ARCHES
BUSINESS CENTER LOCATED AT 75-178 GERALD FORD DRIVE
Case No. SA 08-260 (Sign-A-Rama, Applicant/Appellant).
Assistant Planner Kevin Swartz stated the subject property was located east
of Cook Street along Gerald Ford Drive, south of the I-10 Freeway. The
Applicant submitted a sign program to the Architectural Review Commission
(ARC)for Desert Arches Business Center. All sign were approved with the
exception of the signage for Building "A" facing the freeway; tenant signs
above the roll up doors were proposed. The ARC denied the request
because they didn't want signs facing the freeway, but it was willing to
approve signage above the man doors. Staff was recommending to uphold
the ARC decision. Further responding, he confirmed the Applicant filed an
appeal to the ARC decision.
Mayor Pro Tem Spiegel asked about the height limitation for signage facing
the freeway.
Mr. Swartz responded it was 20 feet, and the Applicant was proposing 16
feet, which would meet the City's requirement. However, the ARC didn't
want a clutter of signs facing the freeway and having it look like Riverside or
Moreno Valley.
MR. RON ROBINSON, stated he was co-owner of the building, and stated
he appreciated the opportunity for his appeal to be heard by Council. He
said he wasn't asking for any waivers or special treatment, but he was only
asking for the same sign program already approved for neighboring tenants.
He said the lot he purchased had special circumstances because it was to
the rear of the Center and situated behind D'Mundo Tile on Gerald Ford
Drive. The private circular road that ran through the business park was the
only access to his building. He didn't have frontage road access, even
though his building had a Gerald Ford address. He said he faxed a letter to
each Councilmember on Monday that showed the site plan, The site plan
17
�� ��
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
illustrated the only access to his building was by a driveway, with a multi-
story hotel (Candlewood Suites)on the corner in front of his building, and as
one entered the Center Business Park's circular road, there was a
three-story building next to his building, giving his building virtually no
presence on Gerald Ford Drive or Cook Street. The only viable sign program
with any visibility would be via the freeway; he only had signage in front of his
building for identification. He provided the Council with photographs he had
recently taken of the interior circular entry road that illustrated his building
had no visibility. He said he had been working with the City since the
beginning, and his initial request was denied. In order to comply with City
standards, he redesigned the building, added arches, and improved the
landscaping, costing him$200,000. He said he wouldn't have purchased the
building in the rear of the development, if he didn't feel he had freeway
signage. He hired a sign company to make a first class sign program, that
was consistent with the City's Ordinance, in fact, according to the square
footage and linear square footage of the buildings, he was allowed signage
of 30 inches high and 12 feet wide, yet he was only asking for 24 inches high
and 12 feet wide. He said there were significant number of examples next
door where the signage exceeded what he was requesting. He said he was
only asking for an even hand and treatment, and an opportunity to conduct
business, which was not easy in today's market. He said freeway signage
would be a huge plus for his business. He offered to answer questions.
Councilman Ferguson asked if itwas the Applicant's intention forthe lettering
to be of the same size, color, and style, so that it all looked as uniformed in
the depiction presented on page 5 of 7 of the Sign-A-Rama submission.
MR. ROBINSON responded the submitted depiction was intended to show
the size and the scope of his signage, but he was willing to make it the same
color if it was a requirement. He said his tenants would be restricted to stay
within the guidelines of the proposed sign program if approved. Further
responding, he believed the same presentation was made to the ARC by his
apprentice and representative from Sign-A-Rama, but the ARC would only
approve signage above the seven foots doors. He said that type of signage
would be worthless because it wouldn't be visible from the freeway. He
noted Mr. Ed Landen was present to answer any questions about what was
presented at previous meetings to ARC.
Mayor Pro Tem Spiegel asked if he had two businesses with buildings
backing up one another.
MR. ROBINSON responded it was one business that went from one end to
the other. Further responding about his other building that was under
construction, he said that building had better signage opportunity because
it faced out towards the driveway and private road, but it didn't have freeway
18
�
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
frontage. He noted they could of requested signage for the back of that
building, but they didn't. He said the redesign of the arches were helpful in
redirecting people to the buildings. The subject building was not designed
as an industrial building or office building that required signage, it was
designed as a showroom building, which he re-designed 50% improved
showroom, and 50% improved warehouse for storage. Parking was
maximized to accommodate showroom, offices, etc. Further responding, he
said his business was real estate investment, and he was the owner of the
building. The small showroom was occupied by a walk-in bathtub business,
and the other space was occupied by a developer.
Councilman Ferguson stated he agreed with staff's initial philosophical
statement about cluttered signs, because when he drove through Moreno
Valley and saw all the solid faced walls with no windows, it looked like an
unattractive place to get off on the freeway. He said one of the reasons the
City created this industrial overlay with the General Plan, was to add fast
food drive—thru's, which were not allowed anywhere else in the City, to
encourage people to come off the freeway. In his opinion, the Applicant's
signage above the rolled-up doors would not draw anyone off the freeway,
and he saw very little upside for the Applicant, and a huge downside for the
City. He noted D'Mundo Tile did not advertise along I-10 freeway for people
to get off the freeway to go to their business.
MR. ROBINSON responded D'Mundo Tile and the hotel were situated right
on Gerald Ford Drive, so it had exposure to the traffic. He said he's been
developing, purchasing, and owning property in the desert for nine years,
and he knew there was a tremendous amount of traffic between Palm
Springs, Indio, and Coachella, with contractors, residents, and consumers.
He said people may hear of the Walk-in Bathtub Company, but they don't
knowwhere it's located. When people drive from Cook Streetto Washington
Street, there's an opportunity to see where a business is located.
Responding to question, he clarified his business was real estate, and his
tenants were the Walk-in Bathtub Company,and a real estate developer. He
was advised by his real estate brokers the importance of this signage,
because he had no signage or access to the consumers unless it had
freeway signage. He didn't understand why his sign program was denied
when all the buildings surrounding his already had signage facing the
freeway. He understood the ARC didn't want to have clutter, but his sign
program was very clean. He said it was hard to expect any level of success
in this project without freeway signage.
Mayor Pro Tem Spiegel stated Applicant's proposed sign program was more
appealing than what the ARC approved.
19
PRELIMINARY MINUTES ��
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
Councilmember Finerty inquired about the City's policy with regard to
signage facing the freeway.
Mr. Swartz responded anyone could request a signage program, but it
required the approval of the Architectural Review Commission (ARC). He
said ARC had previously approved similar sign programs facing the freeway
for larger buildings, such as the Self Storage facility. However, the ARC had
regretted approving some of them, and it didn't want to continue making the
same mistake.
MR. ED LANDEN stated he had been in the sign business for five years with
Sign-A-Rama. He said when he wrote the sign program for this particular
project, he created something that was consistent with what had previously
been approved for other projects, and it was within the City's Ordinance and
standards. He displayed pictures of other developments that were similar to
the proposed sign program, which he didn't write the program for, but they
were approved by the ARC for up to 30- inch tall letters on 24-foot units . He
said the Applicant was requesting 24-inch tall letters on 30-foot units. He
agreed the other buildings were larger and perhaps produced more sales tax
revenue, which he was sure was not a consideration, but there were some
retail-type of businesses in that Center. He hoped the City Council would
reconsider the ARC decision and benefit his client.
Councilman Kelly stated he usualfy supported signs on the basis of a
commercial area where it provided commercial admiration, but this being an
industrial park was a different ball game. He didn't think there should be
commercial storefront operations in an industrial area. He said it wasn't any
different than the operations on Cook Street and Joni Drive, and the signage
would be the same. He said in the past there were proposals for billboards
along that same area, and the Council violently opposed it. Responding to
question about the current billboards in Palm Desert that advertised City
businesses off the freeway, he said he preferred they weren't there unless
it advertised a commercial operation like Gateway.
Councilmember Finerty concurred with Councilman Kelly's comments. She
empathized with the Applicant and his situation, but it was the lot he had
chosen. She agreed with ARC that if the City continued on this path, it will
start to look like a giant billboard and clutter the City; and it wasn't in the
City's best interest. Therefore, she asked that staff look at amending the
current Ordinance to prohibit signage on the freeway side. She said the size
of the business was irrelevant in this matter. She said ARC had done their
job, and it had realized the signage clutter. She wondered if a small sign
could be installed in front of the property out by Gerald Ford, or perhaps in
front of the hotel.
20
�
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
Councilman Ferguson said he recently had a discussion with Ms. Aylaian,
and with Sign-A-Rama on a separate business relocation matter, and the
tension, history, and philosophy of signage was discussed. He said the
City's Sign Ordinance Committee may very well provide some definitive
decisions on what was and wasn't allowed. He pointed out that the ARC
differed remarkably from the Planning Commission, and to a lesser degree
the City Council, because it had complete aesthetic discretion to evaluate
buildings individually and could come up with a different conclusion on very
similar buildings;the ARC evaluated the proximity of a neighborhood,the site
plan, and a variety of issues surrounding a project. He believed the ARC
was trying to tell the City Council that the current trend for signage needed
to be stopped before it looked like Fontana or Moreno Valley, and that it had
made some strides to help some of the buildings early on when there was
nothing but rose lands. In addition, the subject building was located nearthe
University and Cal State campuses to University Park, and he didn't want to
have industrial signs leading up to the intellectual capitol of the City's
community. Finally, the Applicant purchased a building in an unpopular
location, and he didn't blame the Applicant for trying to add value to it by
increasing its signage, but it didn't force him to agree and would be voting no
on this matter.
Mayor Pro Tem Spiegel stated the ARC made a mistake in approving
signage over the man doors because it wasn't an appealing option, and he
was not in favor of that approval. He understood the City currently had
signage facing the freeway, and he agreed with Councilman Ferguson's
comments, but he felt the City needed to re-evaluate its Signage Ordinance
and set it straight. He agreed it wasn't fair to the Applicant, but the City
needed to begin making a stand.
Mayor Benson stated she was not in favor of signage facing the freeway, but
would agree to some type of monument signage on Gerald Ford Drive that
would direct people to businesses to the rear of Desert Arches Business
Center. She said there was nothing worse than going to an address and not
finding the business, similar to what the City was experiencing at University
Park. Councilman Kelly concurred.
Councilman Ferguson suggested the motion include and invitation to the
Applicant to participate in the Sign Task Force that had a number of freeway
frontage owners within development buildings facing the same situation.
Councilmember Finerty moved to, by Minute Motion: 1)Deny the appeal and uphold
the Architectural Review Commission decision; 2) direct staff to work with the
Applicant/Appellant on a viable location for appropriate monument signage for Desert
Arches Business Center; 3) invite the Applicant/Appellant to participate in the ad hoc Sign
Task Force. Motion was seconded by Ferguson and carried by a 5-0 vote.
21
PRELIMINARY MINUTES i1
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
C. REQUEST FOR APPROVAL OF THE ANNUAL PURCHASE OF GRASS
SEED FOR CITY PARKS AND DESERT WILLOW GOLF COURSE.
Councilman Ferguson moved to, by Minute Motion, authorize the purchase of
282,800 pounds of grass seed from Simplot Partners, Palm Desert, California, in the
amount of$267,251.92 (including tax, shipping, and handling)—funds are available in the
various Parks and Desert Willow Accounts. Motion was seconded by Finerty and carried
by a 5-0 vote.
D. REQUEST FOR RATIFICATION OF THE CITY MANAGER'S APPROVAL
AND AWARD OF CONTRACT WITH GKKWORKS FOR MASTER
PLANNING SERVICES FOR A COMMUNITY AND AQUATIC CENTER
(CONTRACT NO. C28060).
Mayor Pro Tem Spiegel explained the City was trying to find the appropriate
location for the Aquatic facility. The company selected had experience with
similar situations; the company will come out to the desert to do an
evaluation, find a location, and inform the Council of what will be required.
Mayor Pro Tem Spiegel moved to, by Minute Motion, ratify the City Manager's
approval to award the subject Master Planning Contract to gkkworks, Irvine, California, in
an amount not to exceed $25,000 — funds are availabte in Account
No. 233-4602-454-4001. Motion was seconded by Ferguson.
Councilman Ferguson stated he assumed the subject company will meet
with each Councilmember and amalgamate everyone's ideas into one that
made sense, because everyone had a different opinion about the project.
Mayor Benson called for the vote, and the motion carried by a 5-0 vote.
E. REQUEST FOR APPROVAL OF A TWO-YEAR EXTENSION OF THE
PROPERTY MANAGEMENT AGREEMENT WITH MASON& MASON INC.
FOR MANAGEMENT SERVICES AT THE PARKVIEW OFFICE COMPLEX
(CONTRACT NO. C15106).
Councilman Kelly moved to, by Minute Motion, approve a two-year extension of the
subject contract with Mason & Mason, Montrose, California, for Property Management
Services at the Parkview Office Complex in the amount of $66,000/year — funds are
available in Account No. 510-4195-495-3090. Motion was seconded by Ferguson and
carried by a 5-0 vote.
22
�
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
F. REQUEST FORAWARD OF CONTRACTTO HARDYAND HARPER, INC.,
FOR THE MESA VIEW DRIVE STREET RESURFACING PROJECT
(CONTRACT NO. C27370A, PROJECT NO. 638-08).
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1)Award the subject contract
in the amount of$725,000 to Hardy and Harper, Inc., Santa Ana, California; 2) authorize
the Mayor to execute same; 3) approve a 10% contingency for the project in the amount
of $72,500; 4) appropriate $797,500 to the Project Account, No. 110-4311-433-3320.
Motion was seconded by Kelly and carried by a 5-0 vote.
G. REQUEST FORAWARD OF CONTRACT TO MARINA LANDSCAPE, INC.,
FOR LANDSCAPE MAINTENANCE AREA NO. 4 (CONTRACT
NO. C27730A).
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1)Award the subject contract
in the amount of$84,410 to Marina Landscape, Inc., Anaheim, California; 2) approve the
use of extra work and services as needed at the specified contract amount; 3) authorize
the Mayor to execute said contract — funds are available in Account
No. 110-4614-453-3370. Motion was seconded by Kelty and carried by a 5-0 vote.
H. REQUEST FOR AWARD OF CONTRACT TO
DATELAND CONSTRUCTION FOR THE SAN PASCUAL CHANNEL
LOW-FLOW CHANNELIZATION IMPROVEMENTS (CONTRACT
NO. C28020, PROJECT NO. 518-08).
Responding to question about what a low-flow channelization in a channel
was, Project Administrator Ryan Gayler explained it was nuisance water that
came through a channel, and in a storm event, there could be a high volume.
Low-flow was indicative of over watering from the neighborhoods, which
flowed down from storm drains into a main channel. He said it was currently
a mossy mess that was visible. Further responding, he confirmed it was a
channel within a channel where the mossy water was condensed.
Councilman Kelly noted some of the bidders were denied because the
sub-contractor they listed was involved with the initial design. He wondered
about the philosophy behind that decision.
Mr. Gaylor stated there could be a perceived conflict of interest when the
designer was also on the construction contract.
Councilman Kelly stated it seemed someone who worked on the design
would have a better understanding of what was supposed to be done and
would be the preferable choice.
23
AFT�
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
Responding to question, Mr. Gaylor confirmed staff was recommending
award of contract to Dateland Construction. He said the two lowest bidders
used the design engineer as a sub-contractor, therefore, they were denied.
Mr. Greenwood explained the reason the two lowest bidders were declared
non-responsive, was because if the City had any errors and omissions
matter to dispute, it wouldn't know which position the engineer would
support, the City's or the contractor's. Councilman Kelly agreed.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Reject the bids submitted
by J. H. Thompson & Sons and Southwest General Engineering as non-responsive;
2) award the subject contract to Dateland Construction, Indio, California, in the amount of
$74,327.50; 3) authorize the Mayor to execute same; 4) approve a 10% contingency for
the project in the amount of$7,432.75. Motion was seconded by Finerty and carried by
a 5-0 vote.
I. REQUEST FORAWARD OF CONTRACTTO SIMON CONTRACTING FOR
THE PARK OFFICE REMODEL PROJECT (CONTRACT NO. C28110).
Mayor Pro Tem Spiegel moved to, by Minute Motion, award the Park Office
Remodel Contract to Simon Contracting, Indio, California, in an amount not to exceed
$123,900 and authorize the Mayor to execute same — funds are available in Account
No. 430-4340-433-4001. Motion was seconded by Finerty and carried by 5-0 vote.
J. REQUEST FOR APPROVAL OF$65,000 EXPENDITURE FOR POSTAGE
FOR THE MONTHLY BRIGHT SIDE NEWSLETTER- FISCAL YEAR 2008-
2009.
Councilman Kelly moved to, by Minute Motion, approve expenditure of$65,000 for
the United States Postal Service to cover 12 months of postage for the monthly BrightSide
Newsletter — funds are availabte in Account No. 110-4417-414-3660. Motion was
seconded by Ferguson and carried by a 5-0 vote.
K. GONSIDERATION OF THE PROPOSED PALM DESERT SISTER CITIES
STAFF EXCHANGE PROGRAM BETWEEN THE CITIES OF GISBORNE,
NEW ZEALAND, AND IXTAPA-ZIHUATANEJO, MEXICO.
Mayor Pro Tem Spiegel noted the recommendation on the staff report was
to send one Councilmember and one staff memberto New Zealand. He said
it be more practical to send two staff members instead; he suggested Ms.
Riddte who dealt with the topic of trash and recycling and could accomplish
more; he thought Ms. Aylaian would also be involved.
Mayor Benson agreed, and stated sending two staff members who knew the
nuts and bolts of the program, would be more productive and cost effective.
24
PRELIMINARY MINUTES ���
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
Councilmember Finerty stated with regard to Ixtapa-Zihuatanejo and the City
working with the Fire Department, she agreed it would be better for staff to
go on the trip.
Councilman Kelly stated he wasn't sure two staff members were necessary,
but after discussing the needs, it was decided to allow the City Manager to
determine the staff inembers participating.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1)Approve the proposed Palm
Desert Sister Cities Staff Exchange Program between the Cities of Gisborne, New
Zealand, and Ixtapa-Zihuatanejo, Mexico, and direct the City Manager to proceed with
implementing the program; 2)appropriate $15,000 from the Unobligated General Fund to
initiate a Sister Cities Council and Staff Exchange Program; 3)Authorize the City Manager
to determine staff member(s) to participate in the Exchange with each Sister City, but
without any City Councilmember participation. Motion was seconded by Ferguson and
carried by a 5-0 vote.
L. REQUEST FOR APPROVAL OF A PROPOSAL BY DEKRA-LITE FOR
HOLIDAY LIGHTING AND DECORATIONS (CONTRACT NO. C28120).
Responding to question, Mr. Aryan confirmed the City was in possession of
its existing holiday decoration inventory.
Mayor Pro Tem Spiegel stated Mayor Benson and Councilman Kelty served
on the final meeting of the Holiday Lighting Sub-Committee and came up
with the proposed recommendation.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve a proposal by
Dekra-Lite, Santa Ana, California, in the amount of$222,592.07 for Holiday Lighting and
Decorations; 2) authorize the City Manager to execute a contract in an amount not to
exceed $222,592.07 between the City of Palm Desert and Dekra-Lite for same; 3) ratify
the City Manager's approval of a contract in the amount of$3,100 payable to The Jarvis
Company to have existing inventory of Holiday Decorations delivered to the City of Palm
Desert; 4) appropriate $72,592.07 from the Unobligated General Fund for costs not
budgeted in Fiscal Year 2008-2009 Budget for the City's Holiday Decoration Program;
5) declare the City's existing inventory of Holiday Decorations, which will not be
refurbished, as surplus and direct the City Manager to recommend a list of possible
recipients to be approved at a future City Council Meeting.
Councilman Kelly noted the Sub-Committee decided to changed the white
lights to the color lights. Mr. Aryan added the lights would be changed to
incandescent lighting.
Councilman Kelly seconded the motion, and it carried by a 5-0 vote.
25
PRELIMINARY MINUTES ��
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
M. REQUEST FOR APPROPRIATION OF FUNDS FOR XEROX LEASE
AGREEMENTS AND METER READS.
Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize: 1)Appropriation of
$90,000 forthe 13 Xerox Copiers throughout City Offices, including Lease Agreements and
quarterly meter reads; 2) issuance of a City Purchase order to Xerox Corporation to cover
the above expenses from appropriated Account No. 110-4159-415-3420 for Fiscal Year
2008-2009. Motion was seconded by Kelly and carried by a 5-0 vote.
N. REQUEST FOR APPROVAL OF $350,000 IN FACADE ENHANCEMENT
PROGRAM CONSIDERATION FUNDS TO ELTINGE & GRAZIADIO
DEVELOPMENT COMPANY FOR "EL PASEO MARKETPLACE AND
EL PASEO PLAZA" LOCATED AT 73-547 TO 73-613 HIGHWAY 111,
43-051 LARKSPUR LANE, AND 73-540 TO 73-580 EL PASEO.
Mayor Pro Tem Spiegel noted this was the Jensen's Market area.
Project Administrator Bryce Lynn White stated this was a Precise Plan
amendment considered on May 8, 2008, at which time there was discussion
of a Facade Enhancement Program for this project. At that time, Council
requested changes be made to the architectural features of the property.
Councilmember Finerty and Mayor Benson were on that sub-committee that
reviewed those changes, and the project had gone back to the Architectural
Review Commission for final approval. He pointed out that appropriate
parking spaces for alternative-fuet vehicles and golf carts were added. Staff
was recommending approval of this Facade Enhancement for$350,000.
Mayor Benson stated she took part in the negotiations with the developer,
and he did very well in taking out the cupolas, yet still leaving height to the
buildings to enhance the overall project. She confirmed that Councilmember
Finerty was in agreement with all the changes made to the plan.
Mayor Pro Tem Spiegel moved to, by Minute Motion, approve $350,000 in Facade
Enhancement Program Consideration Funds to Eltinge & Graziadio Development
Company for "EI Paseo Marketplace and EI Paseo Plaza" located at 73-547 to 73-613
Highway 111, 45-051 Larkspur Lane, and 73-540 to 73-580 EI Paseo—funds are available
in Account No. 400-4800-454-3875. Motion was seconded by Kelly and carried by a 4-1
vote, with Ferguson voting NO.
26
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
XV. CONTINUED BUSINESS
A. REQUESTFORAUTHORIZATIONFORSTAFFTOSUBMITFIRST DRAFT
OF THE GENERAL PLAN 2008 HOUSING ELEMENT UPDATE TO THE
STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
(Continued from the meeting of July 10, 2008).
Mr. Ortega noted staff was recommending a 90-day continuance on this
item.
Mayor Pro Tem Spiegel moved to continue this matter 90 days to the meeting of
December 11, 2008. Motion was seconded by Ferguson and carried by a 5-0 vote.
XVI. OLD BUSINESS
A. REQUEST FOR ACCEPTANCE OF HEARING DIRECTOR'S
RECOMMENDATIONS REGARDING STONE EAGLE GOLF COURSE,
ACCEPT THE PROJECT AS COMPLETE, RELEASE THE SECURITIES,
AND AUTHORIZE THE MAYOR TO EXECUTE THE MAINTENANCE
AGREEMENT.
Mr. Greenwood stated when the golf course opened two years ago, there
were complaints immediately received by the Public Works Department
about an increase in water f�owing in Bruce Creek and Ramon Creek,
resulting in non-native vegetation growth, mosquitoes, etc. He pointed out
that staff conducted one of the most extensive and thorough analysis in the
history of Palm Desert, regarding impact resulting from a development. He
said the City hired professional toxicologists to study the issue, and the City
was fortunate to have the biologist from UCR-Boyd Deep Canyon Research
to volunteer their time to assist the City in this matter. Through this two-year
process of ineeting with residents and developer, many issues were
resolved, with only one remaining that had the potential for mosquitoes and
non-native vegetation to continue to grow in the two creeks. Therefore, the
City developed a Maintenance Plan to address the issue. The Maintenance
Plan is backed up by the devetoper by issuing a $50,000 PerFormance Bond
to assure compliance with the Agreement. Staffwas recommending the City
accept the golf course as complete, release the bonds, and authorize the
Mayor to execute the Maintenance Agreement. He offered to answer
questions.
MS. NANCY SCOTT, Palm Desert, CA, first thanked the City Council for all
it did on behalf of the City. She then went on to read from a prepared
statement, which was now on file with the City Clerk's Office. She requested
Council vote no on the proposed Maintenance Agreement until changes
27
��, �
PRELIMINARY MINUTES �� '
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
were made to the document. She said she and concerned residents of the
Cahuilla Hills started this uphill battle with Stone Eagle in 2005. Since that
time there had been several meetings, and they have waited for the City to
enforce the approved Environmental Impact Report (EIR) dated July 22,
2002, which stated that two main streams drain the project site; Bruce Creek
and Ramon Creed, both ephemeral streams running only after significant
rainfall. She said the EIR made several references to this fact, and former
Planning Director Phil Drelt had expressed this concern as well when he
requested the EIR. She said the two creeks were dry prior to Stone Eagle
constructed the golf course, and now there is running water 365 days a year.
During the summer months there are biting black flies, mosquitoes,and other
flying insects that the neighborhood never had priorto the construction of the
golf course. She went on to say that one neighbor contracted encephalitis
and another had permanent damage to her nervous system; this situation
was affecting them all. Her concern was not just about contracting
encephalitis, but also the West Nile Virus, which had already been found in
Palm Desert. She continued to speak on the following issues she had with
the Maintenance Agreement: 1) Item 2.22 - The pump located in Bruce
Creek never had electricity, therefore it never worked, and the retention
basin had been allowed to fill and sit for weeks for mosquitoes to breed; 2)
Item 2.2.2 - Mosquitos proliferate every 10 days according to Rod
Chamberlain from Vector Control, who had gone out to assess the situation
at her request; ultimately Vector Control make the stance that it's the
property owner who is responsible for cleaning up. She said inspecting
monthly was inefficient, especially during the hot summer months, and the
Maintenance Agreement did not include any type of plan to address the total
removal of non-native vegetation species; 3) Item 2.2.3 - The Maintenance
Agreement states: "Owner shal/have no obligation to perform any work on
property other than the property." She interprets that to mean only Stone
Eagle's property. She considers this language to be a huge loop hole in the
agreement, and she worries that Stone Eagle will not take responsibility; 4)
Item 2.7- Deficiency Notice discussion. She said it's taken eight months for
an Agreement, and it will probably take four years to get it done; 5) Conflicts
and Complaining Party. She said she didn't want to continue to police Stone
Eagle or take pictures of the situation, because it was the responsibility of the
City to enforce its own Agreement. She said residents have complained, and
the City had taken a tong time to resolve this matter; 6) Item 4 - Third Party
Legal Action. To include this item in the Agreement, lead her to believe the
City anticipated future problems. In conctusion, she requested Council vote
no on this item until everyone agreed on the final Maintenance Agreement.
She invited interested parties to a ravine tour of the area; boots and
mosquito spray was required.
28
DR�qFT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
MR. TIM BARLETT, Palm Desert, CA, brought in some cattails as an exhibit
to present to the Council. He said cattails were commonly found in the
marshes of Wisconsin, but they were also found on his property at Cahuilla
Hills. He just recently pulled out slime that had all types of mosquitoes
growing, and stated he had physical proof that it was happening. He didn't
expect anyone to shed any tears over his situation, but about a third of his
one-acre property was a marsh. He said anyone coufd take a ride there, and
he would be happy to provide refreshments and show the marsh. He noted
West Nile Virus had been found in Palm Desert, and mosquitoes were
breeding in sewage because the water that Stone Eagle used for irrigation,
was human waste contaminated water. He said mosquitoes thriving in that
kind of environment will eventually catch West Nile Viruses. He believed it
could happen here in our back yards and didn't think the Council could
continue to have a blind eye. He said he's written several letters to staff and
Council, and he didn't feel he was getting anywhere, but he decided to make
one last appeal to the Council's common sense. He said judging by the
City's population, perhaps only one person could die, but that would be one
too many. He urged the Council to reconsider this matter on behalf of the
citizens of Palm Desert. He said between Ramon Creek and Bruce Creek,
there was a mile-long length of contaminated water in low-slope, stagnated
conditions, with mosquitoes breeding.
MS. ANTOINETTE CARVER, Upper Way West, Palm Desert, CA, stated
Ramon Creek biceps her property. Her question was with regards to the
proposed Maintenance Agreement, page 5, Item 4 - Hold Harmless
Agreement. She was concerned because her property abuts Bureau of Land
Management, and it has a treacherous drop off. She said if the people from
the City or Stone Eagle were out there dealing with the situation or cleaning
up mosquitoes, foreign vegetation, etc., she wondered how that will affect
her the property owner. She asked if there was some provision holding the
property owners harmless if someone was injured.
Mr. Greenwood responded the Agreement did not currently cover holding
harmless the property owners that the water flowed onto, and it may be an
issue the City should review.
Councilmember Finerty requested staff obtain copies of Vector Control's
reports on what they saw and what they did. She said Council was operating
under the opinion that this Maintenance Agreement would take care of
things, yet the testimonies claim there are tons of mosquitoes.
Mr. Greenwood agreed to obtain copies of the reports, and noted Vector
Control was scheduled to go to the site next Tuesday. He said City staff will
also attend to observe whatevertesting will be conducted. He hoped to have
29
PRELIMINARY MINUTES ��
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
a discussion with Vector Control about the issues and how best to prevent
propagation of mosquitoes.
Mayor Benson stated she believed Vector Control would have some input on
how to remedy this situation.
Mr. Greenwood noted that Vector Control attended the Director's Hearing,
and they did provide input, and at that time, they did not express concern
about water in Bruce Creek or Ramon Creek. Further responding, he said
the Maintenance Agreement was universal in that it would cover both the hot
and cooler months.
Councilmember Finerty asked how much time was needed by staff to obtain
past reports from Vector Control and complete their research on this matter.
Mayor Pro Tem Spiegel agreed that questions needed to be answered,
specifically those raised by Ms. Scott.
Mr. Greenwood responded staff needed 30 days to conduct a
comprehensive analysis that addressed all the comments, concerns, and
requests expressed this evening. He noted most of Vector Control's visits
were in the County and not in the City.
MS. CARVER stated she took the initiative to ca�l Vector Control earlier this
week because she was bitten on the neck by a mosquito. She said it was a
difficult maintenance proposition for Vector Control to go out to the site,
because they have to get through the gate and hike up to the location. She
suggested entering through Stone Eagle development and taking the cart
road to get to the pond. When she spoke to a gentleman at Stone Eagle,
she was told the water had run over the lawn after the rains, which was not
in compliance with how nature once acted prior to the goff course being
there. She was also told the pump had gone out, and they were gonna' fix
it; however, she still had a mass of black slime. In addition, at the bottom of
the spill lake, there was a natural pit that had raw material, but she couldn't
hike up to the location to see for herself.
Mayor Benson believed a continuance was in order until answers were
provided to the questions raised this evening. She said she wouldn't want
to lose anyone to the West Nile Virus.
Mayor Pro Tem Spiegel moved to continue this matter to the meeting of
October 9, 2008. Motion was seconded by Finerty and carried by a 4-0 vote, with
Ferguson ABSENT.
30
_ _ _ DR�4�'T
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
B. REQUEST FORAPPROVAL OF THE REIMBURSEMENT OF ADDITIONAL
ART IN PUBLIC PLACES (AIPP) FEES FOR ART COMPONENT AT THE
VILLAGE AT UNIVERSITY PARK PROJECT LOCATED AT 36-891 COOK
STREET, PALM DESERT (The Evans Company, Applicant).
Mayor Pro Tem Spiegel moved to, by Minute Motion, approve the reimbursement
of $66,326.82 of additional AIPP fees for the art component for The Village at University
Park Project located at 36-891 Cook Street, Palm Desert—funds are available in Account
No. 436-0000-312-2700. Motion was seconded by Kelly and carried by a 5-0 vote.
C. CONSIDERATION OF CONTRACT WITH THE COUNTY OF RIVERSIDE
TO PROVIDE LAW ENFORCEMENT SERVICES TO THE CITY OF PALM
DESERT (CONTRACT NO. C27930).
Councilman Ferguson moved to, by Minute Motion, approved the amended contract
as presented, including a three-year term, commencing July 1, 2008, and a 12-month
termination clause. Motion was seconded by Finerty.
CHIEF DEPUTY STEVE THETFORD, Riverside CountySheriffs Department
asked if Council's motion for approval was for a three-year term and
12-month termination clause.
Mayor Pro Tem Spiegel and Councilman Ferguson responded it was.
Mayor Benson called for the vote, and the motion carried by a 5-0 vote.
D. REQUEST FOR DIRECTION TO DEVELOP DRAFT ORDINANCE OF THE
CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE
IDENTIFICATION, DESIGNATION, PROTECTION, AND ENHANCEMENT
OF THE CITY'S CULTURAL RESOURCES.
Mr. Grance stated the sub-committee met on July 9, to go over eight items
that were a stumbling block to move forward with developing a new
ordinance, and at the conclusion of that meeting, everyone was unanimous
on the resolution of those eight items. Staff was recommending Council
authorize staff to develop the final document.
Councilmember Finerty asked when was the first meeting of the Historical
Preservation Committee anticipated to take place.
Mr. Grance responded a Committee meeting could be set once the
Ordinance was passed, and it could have something to work from.
31
� �
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
Mayor Benson noted a letter was received asking why a fixed date and time
for a meeting couldn't be set. She thought it was a normal request, and such
a scheduled meeting could always be canceled.
Mr. Grance agreed the Committee could go back to having a meeting on a
rotation basis.
Councilmember Finerty stated having a scheduled meeting once a month
was one of the items discussed at the sub-committee meeting, and it was
determined there would be scheduled meetings once a month, just like all
the other Committee/Commissions, so that everyone could plan around it.
Councilman Ferguson moved to, by Minute Motion, direct staff to develop the final
draft Cultural Resources Ordinance for the City of Palm Desert, based upon outcome
decisions of the subcommittee meeting of July 9, 2008, as listed in Item Nos. 1-8 of the
accompanying staff report,with further direction that the new ordinance incorporate regular
Committee Meeting date/time. Motion was seconded by Finerty and carried by a 5-0 vote.
E. UPDATE ON THE CITY OF PALM DESERT, PALM DESERT
REDEVELOPMENT AGENCY, AND PALM DESERT HOUSING
AUTHORITY STRATEGIC OBJECTIVES (JOINT CONSIDERATION WITH
THE PALM DESERT REDEVELOPMENT AGENCY AND THE
PALM DESERT HOUSING AUTHORITY).
Responding to question, Councilman/Member Kelly stated he was confident
the Council/Board knew the direction they were headed, and another
consultation session was not necessary.
Mayor/Chairman Spiegel moved to, by Minute Motion: 1) Receive and file the
Update on the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert
Housing Authority Strategic Objectives; 2) direct that the City Council/Agency
Board/Authority Board does not wish to conduct the next scheduled Strategic Planning
Session on December 8, 2008. Motion was seconded by Ferguson and carried by a 5-0
vote.
32
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF AN AMENDMENT TO DEVELOPMENT
AGREEMENT 06-02, UNIVERSITY PARK, BETWEEN THE CITY OF
PALM DESERT AND PALM DESERT FUNDING COMPANY, DELETING
THE COACHELLA VALLEY WATER DISTRICT WELL SITES FROM THE
SCOPE OF THE DEVELOPMENT AGREEMENT Case Nos. DA 06-02
Amendment 1 and MISC 08-301 (Palm Desert Funding Company, LP,
Applicant).
Assistant Planner Kevin Swartz stated Development Agreement 06-02 was
approved on December 8, 2007, for University Park. The Agreement
contained a statement that the owner shall maintain two well sites with
Coachella Valley Water District. The owner expressed concerns of
maintaining the well sites, and Coachella Valley Water District stated they
had no problem maintaining them. The City requested at least a 10-foot
landscape parkway off of each well site; one well site is located off College
Drive and Portola Avenue, and the other one is located off of Gerald Ford
Drive. The Applicant provided a 10-foot parkway that will be maintained
through the Homeowners Association.
Mayor Benson declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request. With no testimony offered, the public hearing
was closed.
Councilmember Finerty moved to waive further reading and pass Ordinance
No. 1164 to second reading, approving Amendment 1 to Development Agreement 06-02.
Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT.
B. REQUEST FOR APPROVAL OF A DEVE�OPMENT AGREEMENT,
PRECISE PLAN, AND CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF A 20-UNIT SENIOR CITIZEN APARTMENT
PROJECT LOCATED AT 73-582 CATALI NA WAY(APN 627-111-011)Case
No. DA. PP/CUP 08-50(Bernard Investment Group/Ken Bernard,Applicant).
Mr. Swartz stated the subject property was located on Catalina Way. The
Applicant was proposing a 20-unit senior housing project. The project
includes two driveways, with one of them providing full egress and ingress.
The main driveway leads to ten covered parking spaces, and the sidewalk
that runs through the center median is ADA(Americans with Disabilities Act)
compliant. The project has two buildings with ten units on each building;five
units on the first floor, and five units on the top floor. He went on to display
and describe the gardens, landscaping, elevations, elevators, and courtyard
views. Responding to questions, he confirmed there was one elevator that
33
_
�� � .
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
was accessible by both buildings, and four units were designated low and
moderate-income housing. He concluded his presentation and offered to
answer questions.
Mayor Benson declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request. With no testimony offered, the public hearing
was closed.
Mayor Pro Tem Spiegel moved to, waive further reading and: 1) Pass Ordinance
No. 1165 to second reading, approving Development Agreement 08-50; 2) adopt
Resolution No. 08-88, approving Precise Plan and Conditional Use Permit No. 08-50,
subject to conditions attached. Motion was seconded by Ferguson and carried by a 5-0
vote.
C. REQUEST FOR APPROVAL OF THE ESTABLISHMENT OF A
CONTRACTUAL ASSESSMENT PROGRAM PURSUANT TO CHAPTER 29
OF PART 3 OF DIVISION 7 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE, ESTABLISHING A PROGRAM TO FINANCE
DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND
ENERGY EFFICIENCY IMPROVEMENTS; APPROPRIATING MONEYS
FROM THE GENERAL FUND FOR THE PROGRAM; CONFIRMING
ASSESSMENTS TO BE LEVIED WITHIN THE PARAMETERS OF THE
REPORT; AMENDING RESOLUTION NO. 08-75, AND TAKING CERTAIN
OTHER ACTIONS — THE PALM DESERT ENERGY INDEPENDENCE
LOAN PROGRAM.
Mr. Ortega noted it was quite a venture for the City to legislature AB 811 so
quickly, and its ability to implement it so quickly. He recognized Trish Ortiz
from Richards,Watson&Gershon,who did the original analysis and directed
staff on how to implement the program, and she wrote the legislation that
was eventually passed by the State; William Strauss with Richards, Watson
&Gershon; Financial Consultant Ken Diekerwith Willdan Financial Services,
who conducted the analysis on howto finance the program in the long-term;
Ted Flannigan with EchoMotion, who was the author behind the planning
program; and staff. Staff was requesting approval of four separate actions
to implement the program effective the following day.
Mayor Benson stated a debt of thanks was owed to Councilman Ferguson
for all his travel trips back and forth to Sacramento to get AB 811 approved,
and also for his dedication to this cause. She thanked staff and Mrs. Sheila
Gilligan for getting the information out to the public, showing that the City of
Palm Desert was the forerunner and leader in this venture.
Mayor Benson declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request.
34
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
MS. DEBBIE GALLAGHER, with Solar Distributors Inc., Palm Desert, CA,
stated she recently moved back to California from the state of Washington
to help her father with the business. Her father's been in business for 31
years doing solar. She believed the environment was very important and
thanked the Council for taking the initiative to help the earth, go even
greener, and care for the community. She was proud to be a member of this
community.
MR. OSCAR HERMOSILLO, stated he was asked to attend by another
councilmemberfrom another city,to witness the leadership in the industry as
far as alternative energy. He thanked the Council and commended its efforts
because it had made an impact throughout the State.
With no further testimony offered, Mayor Benson closed the public hearing.
Councilmember Finerty moved to waive further reading and adopt Resolution No.
08-89, approving the Report of the Director of the City's Office of Energy Management in
connection with the proposed establishment of a contractual assessment program
pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code,
establishing a program to finance Distributed Generation Renewable Energy Sources and
Energy Efficiency Improvements; appropriating moneys from the General Fund to fund the
program; confirming assessments to be levied within the parameters of the Report;
amending Resolution No. 08-75, and taking certain other actions; 2) By Minute Motion,
authorize the Director of Finance to appropriate $2.5 million from Unobligated General
Fund Reserves to the Palm Desert Energy Independence Loan Fund for this program;
3) By Minute Motion, approve a contract with Willdan Financial Services to provide
assessment levy administration services necessary for the Palm Desert Energy
Independence Loan Program—there is no cost to the City for this service, as costs will be
borne by the loan applicants (Contract No. C28140); 4) By Minute Motion, authorize the
transfer of$160,000 from the Unallocated General Fund Reserves to the Office of Energy
Management's Advertising and Promotion Account, No. 110-4511-422-3223. Motion was
seconded by Spiegel and carried by a 5-0 vote.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Riverside County - Cahuilla Hills Zonina
Mr. Ortega asked Ms. Aylaian to make a report on County planning
matters/density issues going on in the Cahuilla Hills in the past couple
of months.
Ms. Aylaian stated that in late spring, the City received notice that the
County planned to re-zone its Cahuilla Hills property adjacent to the
35
. � :
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
Palm Desert city limits, such that parcel densities would change from
one dwelling unit per acre to one dwelling unit per five acres. Staff
reviewed the proposal and spoke with County Planners, determining
that the City would be generally supportive of such a zone change,
specifically since the City does not condone development in the
hillsides. But she said apparently, there was a large enough outcry
from Cahuilla Hills residents that the County retracted its proposal and
changed its request to re-zone the properties—recommending that the
existing density be retained, one dwelling unit per acre, but that
subdivision of parcels not be permitted unless there are two modes
of access to the parcel due to concerns about access to some of the
parcels in case of emergency. She related that proposal was
approved by the County. Staff reviewed it and determined that it did
not have an inverse impact on the City; if anything, it had a relatively
minor positive impact. She said the City did not take an official stand
on the proposal, and action was completed by the County
approximately one month ago.
Councilmember Finerty noted that when City Council discussed
issues surrounding the Cahuilla Hills previously, the City was advised
it would be notified of any such item being considered by the County.
Then-Director of Community Development Phil Drell would confer
directly with her about it, as she had been appointed the City's liaison
to testify before the County. Therefore, she vehemently disagreed
that the County's aforementioned action had no impact on the City.
She pointed out that one unit per acre would impact the City's
hillsides, especially because the City of Palm Desert bordered the
Cahuilla Hills on the north, south, and east, and believed that the
reasonable action would be for the County's zoning to be consistent
with the City's. Further, she noted that the County previously adopted
an Emergency Ordinance, No. 449.233, to zone the Cahuilla Hills
one unit per five acres, which they should be encouraged to resume.
She felt the City could not take the chance that there would be a
secondary access provided. The County was participating in ongoing
negotiations for a secondary access; and if allowed, houses would
appear all over that territory, which would have a huge impact on the
City of Palm Desert. For the future, when notices like this are
presented to the City, she asked to be included as previously
provided. She said Supervisor Wilson had asked her to bring this
item up to the City Council and request a letter stating the City's
position on it in the near future, as he anticipated the Board voting on
the re-zone very soon. She believed Ms. Aylaian was referring to
action by the Riverside County Planning Commission, but it would still
be coming before the Board of Supervisors. She reiterated that
Palm Desert would be affected more than any other jurisdiction if the
36
. �
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
proposed zoning goes forward. Responding to question and
comment, she replied that the County's previous one unit/five acres
ordinance was amended May 8, 2007, adopted as an Urgency
Measure to extend its Ordinance No. 449.226, which established
interim zoning to require a five-acre minimum lot size in the Cahuilla
Hills Area. Her issue resulted from the Urgency Ordinance only being
effective for a limited amount of time after the original ordinance was
adopted May 23, 2006, and was no longer in effect. She said it was
imperative that Riverside County be urged to keep that ordinance in
effect.
Ms.Aylaian responded that staff could prepare a letter requesting that
action. She apologized for not notifying Councilmember Finerty of the
issue as previously promised by her predecessor, but would take note
to do so in the future.
Upon a motion by Finerty, second by Benson, and 4-0 vote of the City Council, with
Ferguson ABSENT, consideration of this matter was added to the agenda.
Because this issue will soon be coming up for consideration, Councifinember Finerty
moved to, by Minute Motion, direct staff to prepare a letter to the Riverside County Board
of Supervisors as quickly as possible, encouraging the Board to continue on with the one
unit per five acres zoning in the Cahuilla Hills Area, as adopted and amended in Riverside
County Ordinance No. 449.233. Motion was seconded by Benson and carried by 4-0 vote,
with Ferguson ABSENT.
2. Aspen Accord and "Set To Save" Program - Mr. Ortega recalled for
City Council that he'd just participated in a conference with the City's
Energy Partners in Northern Europe,where he provided an update on
the City's progress in the Partnership and reported on the new
AB 811 Program approved by the Council earlier in this meeting. He
would be providing City Councilmembers with a copy of the
presentation made on the City's behalf at the Accord. However, he
said one of the responsibilities inherited with its success was that the
President of the Public Utilities Commission now expects City of Palm
Desert to take a leadership role in getting other cities to join in.
Therefore, he invited CVAG (Coachella Valley Association of
Governments) Executive Director John Wohlmuth to participate as a
means of getting CVAG involved and possibly being able to assist
other Coachella Valley cities. He felt the Partnership was very
pleased with Palm Desert's results, which led to it being included and
approved for another three years of funding with its "Set To Save"
Program.
37
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
Councilman Ferguson offered his thanks to Mrs. Gilligan who, along
with the City's New York Advertising Firm, Nancy J. Friedman Public
Relations, got a press release out yesterday to every city in the State
of California with a population of 50,000+(about 100 cities), that went
into great detail about the City's Program. He said there were now 11
cities actively looking at Palm Desert, along with four counties and two
water districts. Therefore, he felt the City was doing right by the
President of the Public Utilities Commission, and he reiterated his
thanks to Mrs. Gilligan for her efforts.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Report on Applications for Vacancies on the
Rent Review Commission and Request for Further Direction.
Ms. Klassen called attention to the written report provided in the
agenda packets, advising that the City Clerk's Office had been
unsuccessful obtaining new applications for service on the Rent
Review Commission. Therefore, due to the time of year, she
suggested re-advertising the vacancies after Labor Day.
City Councilmembers concurred that staff should re-advertise vacancies on the
Rent Review Commission.
Mayor Benson proposed staff also perform a further review of the
existing applications on file to see if some of those applicants'
qualifications may be suitable for Rent Review.
38
,��
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
D. PUBLIC SAFETY
o Fire Department
Chief Brooker reported that as of tomorrow, the Palm Desert Fire
Department would be finishing up another full week of training on
buildings in the area of San Pablo Avenue/EI Paseo, where full-scale
exercises were conducted with Palm Desert units and personnel,
along with some of the other regional area fire units also participating.
He said the exercises were covered by the media and advised that
some of the Firefighters may be seen in television or newspaper
coverage.
o Police Department
1. Sobriety/Drivers' License Checkpoint —Lt. Taylor advised that
the Department would be conducting a Checkpoint tomorrow
night in the City, with location to be announced in the news
early tomorrow evening. He further invited Councilmembers to
come out to the Checkpoint to visit with and observe the
officers in action.
2. K9 Officer Van Snapp — Lt. Taylor additionally reported that
Palm Desert's K9 was currently attending Narcotics School
and was at the top of his class. Consequently, since he's been
so driven to succeed, he'd chewed up all his toys and new
ones would need to be purchased.
Councilmember Finerty offered to donate toward whatever new
toys he needed.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Request for Approval of Out-of-State Travel for
Councilman Ferguson to Represent the City of Palm Desert on
EcoMotion's 2008 Spanish Solar Research Tour,
October 2-10.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve the subject Out-of-
State Travel for Councilman Ferguson to represent the City on EcoMotion's 2008 Spanish
Solar Research Tour, October 2-10; 2) authorize the expenditure of funds for the travel
from Account No. 110-4110-410-3120.
39
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
Upon question by Mayor Pro Tem Spiege� about whether or
not a staff person was also participating in the Tour,
Mr. Ortega said if Council desired a staff member to go along,
he recommended authorizing the Director of the Office of
Energy Management, Pat Conlon. Mr. Ortega added that solar
powerwould be a large part of the City's Energy Independence
(AB 811) Program.
Mayor Pro Tem Spiegel amended his prior motion to also include authorization for
the Director of the Office of Energy Management, Pat Conlon,to participate in EcoMotion's
2008 Spanish Solar Research Tour. The motion and amendment were seconded by
Councilmember Finerty and carried by 5-0 vote.
2. Palm Desert Golf Cart Transportation Program — Councilman
Kelly stated that the City had become aware that its current
Ordinance doesn't allow four-passenger golf carts. Although
many were licensed in the past, staff had to stop doing so after
realizing it didn't have the authority. He said that meant the
Courtesy Carts on EI Paseo were also affected. However, he
related that because of the way State Law was written,the City
of Palm Desert can adjust its Ordinance, and with his
colleagues' concurrence, he would like to direct staff to bring
forward such an amendment.
City Councilmembers concurred that staff bring forward the appropriate amendment
to the Ordinance for the City's Golf Cart Transportation Program, providing for the
ability to license four-passenger golf carts.
o City Council Committee Reports:
1. Coachella Valley Economic Partnership(CVEP�— Councilman
Ferguson recalled for City Councilmembers that CVEP went
through somewhat of a funding crisis earlier this year. He said
all the cities were approached with various proposals for
funding, making him very happy to report that Indian Wells,
Palm Desert, and Desert Hot Springs all came in with the full
$50,000 request. Palm Springs, Cathedral City, and La Quinta
came in with the full $50,000, with partial funding immediately
and remainder to be funded during their respective mid-year
budget processes. He said three cities came in with $17,000,
Imperial Irrigation District (IID) came in with $100,000; and
University of California, Riverside (UCR), also came in with
$50,000. So in the goal of trying to get the public funding to
match the private, one was$528,000,the otherwas$517,000.
He was proud to say the agencies and organizations followed
40
t ,
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
Palm Desert's lead, and he thanked his colleagues for their
support, feeling it would really turn the organization around.
2. Palm Desert Chamber of Commerce—Mayor Pro Tem Spiegel
stated that the Chamber's Business Expo would be held
Friday, September 26, at Fantasy Springs Resort Casino.
Unfortunately, he said there was no site large enough in the
City of Palm Desert to hold this event, after the Chamber
conducted a very successful 2007 Expo at Fantasy Springs.
Secondty, he reported that Westfield Palm Desert would be
hosting the Chamber Mixer at Cuistot on Wednesday,
September 17.
o City Council Comments:
1. Mayor Pro Tem Spiegel reported that Father Robert Certain of
Palm Desert's St. Margaret's Episcopal Church would be giving
the benediction at the Republican National Convention next
Tuesday.
2. Councilman Kelly commented that Desert Willowwas selected
to be featured in Sports lllustrated's 2009 calendar.
3. Mayor Pro Tem Spiegel announced that California State
University, San Bernardino, would be holding its golf
tournament at Desert Willow.
XIX. ADJOURNMENT
On a motion by Spiegel, second by Ferguson, and unanimous vote of the City
Council, Mayor Benson adjourned the meeting at 6:19 p.m.
JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
41