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HomeMy WebLinkAboutPrelim Minutes - City 01/22/2015DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 22, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:05 p.m. II. ROLL CALL X, A Present: Absent: Councilmember Jan C. Harnik Mayor Pro Tern Robert A. Spiegel Councilman Sabby Jonathan Councilman Van G. Tanner Mayor Susan Marie Weber Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 75304 Kelsey Circle North (APN 634-241-027), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Gloria Ramirez Brantley Under Negotiation: x Price x Terms of Payment 2) Property: 75329 Kelsey Circle South (APN 634-241-010), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Claudia Aguayo Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) WNRA Palm Desert 103, LP, v. City of Palm Desert, et al., Riverside County Superior Court, Case No. PSC 1400549 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Weber adjourned the meeting to Closed Session at 3:06 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 - Councilmember Jan C. Harnik VII. INVOCATION - Councilman Van G. Tanner 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 VIII. ORAL COMMUNICATIONS - B MR. TERRY COLLIER, Ajo Lane, Palm Desert, CA, noted that while he'd previously been before City Council to complain about removal of trees in his neighborhood of Ironwood Country Club, he'd decided that issue was over and done with. He needed to find a resulting positive aspect from that occurrence, and right now it was enjoying his view across the Valley. However, today he wished to address bringing an end to the "cold war" that exists in his community between people who seemingly have full authority to vote and those who are almost intentionally excluded from voting on issues in the community. After mulling over what he felt might be a good idea to help address the matter, a concept of having all HOAs (Homeowners Associations) in the City, even in all municipalities in the State, undergo the process of City Business Licensing. The reason he believed this would be appropriate was because the HOAs have a board, a president, and different people doing things, making contracts and exchanging money, which is ultimately good. But bringing HOAs into the fold of having a City Business License would provide some hope of creating a system that incorporates the last five words of the Pledge of Allegiance, "...liberty and justice for all." He was not seeing that currently in his situation, adding that he could flaunt his wealth if he wanted to, but chose not to do so. He preferred having a system that allowed all to participate, air their view, and vote. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE NATALIE RUSSO FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS HOUSING COMMISSION, 2007 - 2014. On behalf of the entire City Council, Mayor Weber presented an engraved crystal clock to Ms. Russo, in heartfelt gratitude for her years of service to the City's Housing Commission. Ms. Russo graciously accepted the presentation and thanked Mayor Weber and City Councilmembers for this honor. She said it was definitely a privilege to serve the Housing Commission and heartily commended the top- quality Housing Department staff. She added that the City should be very proud of the affordable communities it provides to both seniors and those requiring affordable housing, and Palm Desert takes great care and pride in the maintenance of those properties. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 8, 2015. Rec: Approve as presented. 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 153, 158, 159, and 161. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chateau Gourmet, 41555 Cook Street, Suite 150, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chipotle Mexican Grill Store #2501, SEC Monterey Avenue/Dinah Shore 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. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Courtyard by Marriott, 74895 Frank Sinatra Drive, Palm Desert. Rec: Receive and file. F. PARKS & RECREATION COMMISSION MINUTES for the Meeting of November 4, 2014. Rec: Receive and file. G. REQUEST FOR APPROVAL of the Use of Vendors on an Authorized Public Safety Vendors List for Related Equipment Repairs, Equipment Purchases, and Specialty Services Utilized by the Palm Desert Police and Fire Departments. Rec: By Minute Motion, approve the Authorized Public Safety Vendors List as presented in the Riverside County Sheriffs Department Memorandum dated January 6, 2015, and Riverside County Fire Department e-mail dated January 7, 2015. H. REQUEST FOR AUTHORIZATION to Refund Building Permit Fees for the Project Known as Villa Portofino (Comstock Homes, Applicant). Rec: By Minute Motion, authorize refunding of Building Permit Fees in the amount of $36,788.28 for Permit Nos. 14-64311, 14-64314, 14-64315, 14-64317, 14-64323, 14-64324, 14-64325, 14-64327, 14-64328, 14-64335, and 14-64337 for the Villa Portofino Project. 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 REQUEST FOR APPROVAL of a Sponsorship Request by Friends of the Desert Mountains in the Amount of $7,000 for the Annual Coachella Valley Wildflower Festival to be Held on Saturday, March 7, 2015. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. J. REQUEST FOR APPROVAL of Payment to the Palm Desert High School Foundation in the Amount of $7,500 Carried Over from the Fiscal Year 2013-2014 Outside Agency Funding Budget. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. K. REQUEST FOR APPROVAL of Amendment No. 1 to Contract with Melissa Morgan Fine Art and Artist Steve Tobin — Extending the Temporary Exhibition of Loan Period for the Sculpture Large Steel Root (Contract No. C32400). Rec: By Minute Motion, approve Amendment No. 1 to the subject contract with Melissa Morgan Fine Art and Artist Steve Tobin to extend the temporary exhibition of Large Steel Root currently installed in the Civic Center, and authorize the Mayor to execute Amendment No. 1 — no additional financial obligation associated with this request. L. REQUEST FOR AUTHORIZATION to Release Security for Tract No. 36404 (VP Builders, LLC, Applicant). Rec: By Minute Motion, authorize release of the security on file for Tract No. 36404. Councilmember Harnik asked that Item I and J be removed for separate consideration under Section XI, Consent Items Held Over, and Councilman Jonathan requested Item D be removed for separate consideration. Upon a motion by Tanner, second by Jonathan, and 4-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel), the remainder of the Consent Calendar was approved as presented. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 XI. CONSENT ITEMS HELD OVER D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chipotle Mexican Grill Store #2501, SEC Monterey Avenue/Dinah Shore Drive, Palm Desert. Councilman Jonathan stated this item was an application for Alcoholic Beverage License from Chipotle Mexican Grill, stating their license type is indicated as 47. Although he wasn't familiar with alcoholic beverage licenses, he looked it up and learned it included hard liquor as opposed to just beer and wine. He was curious why Chipotle would need a license for hard liquor and whether or not staff was aware. Mr. Wohlmuth responded staff was not aware. Councilman Jonathan asked for a continuance, because he was concerned with a fast-food establishment having a license for hard liquor, stating it would also enable Chipotle to sell takeouts. Mr. Wohlmuth agreed to have staff look into it and find out what their license entailed. Councilmember Harnik moved to continue this item to the meeting of February 12, 2015, for more information regarding the type of license being considered for this location. Motion was seconded by Tanner and carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). REQUEST FOR APPROVAL of a Sponsorship Request by Friends of the Desert Mountains in the Amount of $7,000 for the Annual Coachella Valley Wildflower Festival to be Held on Saturday, March 7, 2015. Councilmember Harnik said she understood the Wildflower Festival has been around for years, but the staff report indicates there is a vision to expand the event from a simple celebration to an event that would appeal to all users of the desert mountains. She questioned how the organization planned to get to that point. Senior Management Analyst Ryan Stendell explained Friends has taken a different approach in their planning of the Wildflower Festival, stating they are reaching out to the Visitor's Bureau and The Desert Sun. They have formed a team that is very interested in what's going on with the natural environment, and their planning includes ideas such as camping in a multi -day event, music, all things in line with the Friends mission of encouraging activities and preservation within the natural environment. In this first year, they want to engage more users than their normal audience, n. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 such as getting in touch with trail runners and mountain bikers. He said they looked at equestrian uses, but it didn't work out in this first year. Several new members are leading the charge and taking a fresh approach to their upcoming events. Staff recommended approval because this event has the potential to grow, stating the desert's natural environment provided for it. He said a lot of people come to Palm Desert specifically for the mountains and weather. Mr. Wohlmuth explained $7,000 was the marketing budget for the Friends; however, they requested $10,000. Staff is recommending a $7,000 contribution because it equates to their marketing efforts, and staff is looking at getting more heads in beds, etc. Additionally, Executive Director John Purcell was asked to work with Tourist and Marketing Manager Donna Gomez to figure out the best way to spend those funds to attract more people to enjoy the Wildflower Festival. He said if there is lack of rain, there will be lack of wildflowers; therefore, Mr. Purcell was asked to get in contact with Granite Construction to provide a water truck to assist in getting those wildflowers going for the festival itself. Mayor Weber noted the Festival is scheduled for March 7, 2015, questioning if there was going to be some fast marketing. Mr. Stendell replied Friends has taken a leap of faith with a lot of their sponsorships, stating they have been marketing this event and actively meeting on it for the past nine months. He said Friends has been engaged with a local marketing company, so they are on their way in this event knowing they would be going after sponsorships. Councilmember Harnik moved to, by Minute Motion: 1) Authorize sponsorship request in the amount of $7,000 to produce the Annual Coachella Valley Wildflower Festival; 2) appropriate $7,000 from Unobligated General Fund monies to Account No. 110-4416-414-3062 - City -sponsored Events for this purpose. Councilman Jonathan stated he understood the cash contribution is $7,000, but the total commitment is $10,000 with $3,000 as in -kind services. He liked the concept but it looked like their budget for sponsorships is $25,000, so Palm Desert was a major part of it. He wondered what kind of naming rights or recognition did the City of Palm Desert get in return for its investment. Mr. Stendell said he didn't know where the balance of the $25,000 would come from, stating Palm Desert was at the Champion Sponsor level, which was the highest. He said the Friends budget page was just a snapshot of what it hoped to take in. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 Councilman Jonathan stated he didn't object to Palm Desert being a significant investor in this event, and hoped the City will have the heads in beds and recognition. However, he didn't see the City's name included, stating it's called "The Coachella Valley Wildflower Festival." He said it was too late into the game to do anything significant, but he hoped that in the future the name "Palm Desert" is prominently featured, which would better justify the City's investment. Councilmember Harnik agreed, stating it was not too late to ask them to include "Palm Desert" on anything they can in the meantime. Councilman Jonathan seconded the motion, and it carried on a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). J. REQUEST FOR APPROVAL of Payment to the Palm Desert High School Foundation in the Amount of $7,500 Carried Over from the Fiscal Year 2013-2014 Outside Agency Funding Budget. Councilmember Harnik stated this item is a grant to Palm Desert High School from the Outside Agency Funding Budget. She pointed out her name is listed as Immediate Past President on the Palm Desert High School Foundation letterhead. However, at that time she was no longer serving there, but being fiscally conservative as they are, they didn't throw away their stationary and instead used it up. Councilman Tanner moved to, by Minute Motion: 1) Approve payment of $7,500 to Palm Desert High School Foundation; 2) authorize Director of Finance to appropriate $7,500 from Unobligated General Funds to Account No. 110-4800-454-3881 - Outside Agency Funding for this purpose. Motion was seconded by Jonathan and carried by a 4-0 vote (AYES: Hamik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). XII. RESOLUTIONS None 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 Xlll. ORDINANCES A. For Introduction: ORDINANCE NO. 1279 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO PALM DESERT MUNICIPAL CODE TITLE 25 - ZONING. Principal Planner Tony Bagato stated this Ordinance is considered a housekeeping item, stating that in 2013 the entire Zoning Ordinance, which is 280 pages, was revised to make it current, simplified, and reorganized. Unfortunately, after using it for 1 Y2 years, staff found errors, omissions from the previous Code that weren't intended to be removed, and minor gap changes from State legislation. Therefore, the proposed Ordinance has 21 sections being changed, but it's not a Zoning Ordinance Amendment where it changes staffs ability, procedures, policies, or any development standards that weren't already considered in 2013. Councilmember Harnik moved to waive further reading and pass Ordinance No. 1279 to second reading. Motion was seconded by Jonathan and carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO CONSERVE LANDCARE, INC., IN THE AMOUNT OF $53,950 FOR LANDSCAPING — COBBLE AND BOULDER TREATMENT — MONTEREY AVENUE MEDIANS FROM COUNTRY CLUB DRIVE TO DICK KELLY DRIVE (CONTRACT NO. C33360A, PROJECT NO. 965-11). Councilman Jonathan recused himself from voting on this matter and left the Council Chamber. Landscape Supervisor Randy Chavez noted the staff report and offered to answer questions. Councilman Tanner moved to, by Minute Motion: 1) Award subject contract for Landscaping of Monterey Avenue Medians - Country Club Drive to Dick Kelly Drive Cobble and Boulder Treatment to Conserve Landcare, Inc., Thousand Palms, California, in the 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 amount of $53,950; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $5,395; 3) authorize the Director of Finance to deposit all reimbursements related to this contract in the Landscape Capital Reserve Fund, Account No. 400-4614-433-4001; 4) authorize the Mayor to execute said contract — funds are available in Account No. 400-4614-433-4001 - Landscape Capital Project Reserve Funds. Motion was seconded by Harnik and carried by a 3-0 vote (AYES: Harnik, Tanner, and Weber; NOES: None; ABSENT: Jonathan and Spiegel). B. REQUEST FOR AWARD OF CONTRACT TO K-VAC ENVIRONMENTAL SERVICES IN THE AMOUNT OF $56,732 FOR CATCH BASIN AND DRAIN CLEANING PROJECT (CONTRACT NO. C34060, PROJECT NO.501-15). Project Administrator Ryan Gayler stated this was a simple maintenance contract for cleaning catch basins and under sidewalk drains. Councilmember Harnik moved to, by Minute Motion: 1) Award subject contract for Catch Basin and Drain Cleaning Project to K-VAC Environmental Services, Inc., Rancho Cucamonga, California, in the amount of $56,732; 2) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $5,673.20; 3) authorize the Mayor to execute said contract — funding for this project is available in Storm Drain Maintenance Reserve Account No. 420-4314-433-3320. Motion was seconded by Tanner. Councilman Jonathan stated he was surprised at the wide range of bids from $56,000 to $320,000. Mr. Gayler agreed, stating staff was also surprised about it. Councilman Tanner pointed out the City had a bond with this contract, and typically a bond company will come back if there is more than a 20% difference. In this case, there is a $40,000 difference between the very low bid and the next. He asked if this has been looked at or will staff return in six months to redo the bid. Mr. Gayler said the contractor was at the bid opening and they stuck by their number, stating confidently they could do the job. Councilman Tanner seconded the motion and it carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 C. REQUEST FOR AUTHORIZATION TO PURCHASE NINE (9) WORK TRUCKS FROM PALM SPRINGS MOTORS IN THE AMOUNT OF $157,669.11 AND NINE (9) LIGHT BARS AND BACK-UP ALARMS FROM TOPS N BARRICADES IN THE AMOUNT OF $12,829.91. Maintenance Services Manager Carlos Hernandez noted the staff report and offered to answer questions. Councilman Tanner moved to, by Minute Motion: 1) Authorize purchase of nine (9) work trucks from Palm Springs Motors, Cathedral City, California, in the amount of $157,669.11; 2) authorize purchase of light bars and back-up alarms for each of the trucks from Tops N Barricades, Indio, California, in the amount of $12,829.91; 3) appropriate $170,499.02 from Unobligated Equipment Replacement Fund to Account No. 530- -4195-415-4030 - Fleet Replacement. Motion was seconded by Harnik and carried by 4-0 vote (AYES: Hamik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). D. REVIEW OF FINANCIAL REPORT AND REQUEST FOR DIRECTION TO STAFF RELATING TO THE YMCA OF THE DESERT'S Y-B-FIT PALM DESERT CHALLENGE FOR 2015 AND 2016 EVENTS. Senior Management Analyst Ryan Stendell stated the staff report includes a finance closeout report for the first year of the Y-B-Fit Palm Desert Challenge, stating both the YMCA and the City felt it was a very successful event. Staff recommended the City Council receive and file the report and direct staff to allocate funding for next year's event in the next budget cycle. He noted the recommendation included two additional years of sponsorship, for a total of three years, as requested by the YMCA when it initially proposed the event. Councilman Tanner and Jonathan noted their past service on the YMCA Board, but both were no longer active. They questioned whether they could vote on this matter and Mr. Erwin replied they were both permitted to vote. Councilman Tanner moved to, by Minute Motion: 1) Receive and file the 2014 Event Budget as presented by Family YMCA of the Desert; 2) direct staff to place funding in the Fiscal Years 2015-2016 and 2016-2017 Annual Budget cycles as title sponsorof the event. Motion was seconded by Jonathan. Councilmember Harnik stated when the Council increased the initial recommended sponsorship, it was strictly so that the funds could be used as leverage to get others. In looking at their budget, she hoped the YMCA was working hard toward obtaining other sponsorships Mr. Stendell said the nice thing about the City's commitment is that it didn't increase the cash contribution, it only increased the in -kind support. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 Because City staff was in control of those funds, they were dispersed in a way used only for safety. Therefore, if staff remains in control of traffic safety, police dispatching, etc., it will work out to the benefit of the City where staff can manage how the course will be handled from a safety perspective, and the YMCA receives the funding it needs to get going. The interesting thing is that not only did the event cost more to produce, the YMCA was able to garner more than originally anticipated or budgeted in revenue from sponsorships. Mayor Weber and Councilmember Harnik agreed it was a great event. Councilman Jonathan stated that fora first-time event, everyone worked very hard on it, including staff members and other volunteers. The sponsorships that were acquired were very successful, because if the numbers are divided at the Gold Level of $5,000, Silver Level at $2,500, and the T-shirt listing for $100, one will notice there was quite a number of sponsors that were involved. For the most part, he expected 100% of them to resign because they were extremely happy, which was a foundation to build upon. Mayor Weber called for the vote and the motion carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR CITY COUNCIL DIRECTION REGARDING POTENTIAL EXPANSION OF AREAS IN WHICH DRIVE -THROUGH RESTAURANTS ARE PERMITTED WITHIN THE CITY OF PALM DESERT. Councilmember Harnik noted Mayor Pro Tern Spiegel asked to have this on the agenda, but he's not here. She asked if it was appropriate to continue the item until he was present. Mr. Wohlmuth explained it was at the discretion of the City Council if it wanted to continue the item until Mayor Pro Tern Spiegel was present. It is also an option of the Council if it wanted to provide direction to staff and/or hear the staff report, and still continue the matter after it heard the staff report. Councilman Tanner said he would like to hear the staff report, stating there are people in the audience that would like to speak to the matter as well. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 Ms. Aylaian stated this issue was before the Council at the request of Mayor Pro Tern Spiegel who asked to have Drive -through Restaurants placed on the agenda. Most recently, the Council debated this issue in August 2013, but at that time, the City was undertaking a plan to develop a strategic plan visioning its growth and how it wanted to situate itself 20 or 30 years from now. The Council ultimately decided the issue should be addressed by the large group of residents, business owners, and policy makers who were participating in the strategic plan. The strategic plan was completed and two elements that came from it was economic development and the other was land use, open space, and housing. The group indicated that it was essential the City develop a comprehensive General Plan Update and that the update focus on land use along the Highway 111 corridor. In particular, they indicated there needed to be a balance of business types, architectural styles, and eye toward how the City was going to grow in the future in its commercial core. Because the issue of drive -through restaurants is tied into all areas of the City and there is interest in having them along the Highway 111 corridor, it was recommended this issue be held off until it can be considered as part of the General Plan Update. Since the strategic plan and since that direction was considered, staff has embarked on the update of the General Plan, stating it was a 1'/2-year process and they were six months into it. The subcommittee includes two Councilmembers and two Planning Commissioners, and they are currently considering a number of elements dealing with land use, economic development, aesthetics, and City image. Therefore, drive -through restaurants would be considered as part of the General Plan Update. She said this matter can be left as is, following the last directive to staff, which was to address it as part of the General Plan Update. Or the City Council could give policy direction to either proceed with an Ordinance to allow drive -through restaurants throughout the City or a specific zone with staff proceeding accordingly. However, staff recommends that any change of the Ordinance be done in a deliverable manner, because it will require a fair amount of studying, stating there are issues affecting traffic circulation, business development, and negative impacts on surrounding businesses. Staff also wants to look at health impacts, traffic circulations, air quality, and aesthetics. She said whatever direction Council wished to pursue, staff was ready, but they would like policy guidance. She acknowledged it will take a while for staff to work through any changes in the Ordinance and return with something that was representative of the high quality of development in Palm Desert. She displayed a map of the north side of Palm Desert, because the south side was purely residential and she didn't see it changing. She proceeded to outline and explain what the color --coded areas on the map respresented as follows: The three areas shown in red are the locations where drive -through restaurants are currently permitted; other types of drive-throughs such as banks and pharmacies are permitted in other areas in the City. She said the map only showed drive-throughs for restaurants, stating the idea was to have them close to the 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 interstate and overpasses. In conclusion, she said the Ordinance has changed on a couple of occasions as master plans for different developments have been approved; therefore, shown now are essentially the parcels on which drive-throughs are currently allowed within the City. She offered to answer questions. Councilmember Harnik stated that after hearing the comprehensive staff report, she was in favor of looking at this issue afterthe General Plan Update process. Councilmember Harnik moved to, by Minute Motion, direct staff to: Option 3) Study drive -through restaurants as part of the ongoing effort to update the General Plan, focusing on the economic, aesthetic, traffic circulation, and health impacts of these restaurants — prepare Zoning Ordinance Amendments, if any, at conclusion of the General Plan Update process. Motion was seconded by Tanner. MR. DICK SHALHOUB, Owner of McDonald Restaurants in the Coachella Valley, especially in Palm Desert. He thanked the Council and staff for all the work, stating this issue has been discussed for years and he was glad to see that finally the City was honing in on the matter. He said City staff and members of the community have been working on this for a long time, but to this date and to his knowledge, no one has ever talked to someone who has a drive -through restaurant. Therefore, he suggested that might be a proper way of getting the proper information to filter through the stuff that comes up. He said the development of the downtown core is so essential and very important to the next 25 or 30 years. He said he had a sizable investment of children in Palm Desert, so he will be here for a long time. The addition of a drive -through enhancement would support everything he did in Palm Desert, stating they can make the development so appealing that one would not even know there's a drive -through restaurant there; he is willing to provide his plans as discussed previously. Lastly, to put an end to a rumor floating around, whether or not a drive -through is permitted at his current location, he said they will remain and rebuilt. He offered to answer any questions. MR. DAVID FLETCHER, Covered Wagon Trail, Palm Desert, stated that as a resident of Palm Desert, he encouraged the City Council to try to make this happen, stating fast-food restaurants should be able to provide that service to the residents in the community. Councilman Jonathan said he understood there are merits to drive -through restaurants and he wasn't objectable to them on face value, but he appreciated Ms. Aylaian's report, because there are competing interests in terms of traffic circulation, aesthetics, etc. He was glad this issue was being revisited, but the competing benefits versus any adverse consequences 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 associated with drive -through restaurants had to be analyzed. Perhaps, if nothing else, identify additional areas that may not be in such sensitive portions of the City. Mayor Weber agreed it was time to revisit this issue because things had changed a lot since drive -through restaurants first came around, stating they are now planned carefully and didn't look like a 70's drive -through. Mayor Weber called for the vote and the motion carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). B. CONSIDERATION OF THE ADMINISTRATION OF HEALTH AND RELATED INSURANCE BENEFITS FOR COUNCILMEMBERS. Human Resources Manager Lori Carney noted the staff report and offered to answer questions. Councilmember Harnik noted Mayor Pro Tern Spiegel asked for this item to be placed on the agenda, and he requested that it be continued. She said it would be courteous to continue until he is in attendance. Councilmember Harnik moved to, by Minute Motion, continue this item to the meeting of February 12, 2015. Motion was seconded by Tanner and it carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). XVII. PUBLIC HEARINGS A. CITY COUNCIL REQUEST FOR REVIEW OF THE PLANNING COMMISSION'S DECISION RELATED TO A LARGE FAMILY DAY CARE USE PERMIT FOR A MAXIMUM OF 14 CHILDREN LOCATED AT 74085 FAIRWAY DRIVE — PROJECT IS EXEMPT FROM PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15301 (CLASS 1, EXISTING FACILITIES) OF CEQA GUIDELINES, Large Family Day Care Use Permit 14-188 (Samantha Clark, Applicant) (Continued from the meeting of January 8, 2015). Principal Planner Tony Bagato stated he will briefly highlight the status since the last meeting, also noting the published recommendation on the agenda has been changed with a new resolution being proposed today. The discussions at the last meeting involved a potential mid -block crosswalk and whether or not it was legal to install one. In that research, staff concluded it is legal to install a crosswalk. However, an engineer study is needed to ensure all the safety measures are in place if the City were to do that. If that were the case, staff would recommend that the crosswalk be marked. However, traffic studies have shown that they are less safe than leaving it 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 unmarked, because it was a false sense of security with pedestrians just stepping out into the street without checking for oncoming traffic. He said more incidents occur at a crosswalk; therefore, staff recommended safety features such as advance signs, pavement markings, rapid flashing beacons, in -pavement lighting, and ADA ramps. He said these improvements would be needed because of the lack of street lighting or any other indications that people would be crossing the street, and there is increased concern during the dusk hours. The cost for these improvements is approximately $35,200 based on preliminary estimates to achieve the safest mid -block crosswalk. However, it is not staffs recommendation, because there are still safety issues with mid -block crossing. The other alternative was installing a new sidewalk, which would be approximately 300 feet from the last home on Portola Avenue to the day care home. This option was analyzed with the consultant that was working with the Applicant, where people will be required to cross at the stop sign and crosswalk already in place at Portola Avenue and Fairway Drive, and then head east on the south side with the new sidewalk. The new sidewalk would require ramp improvements to each of the six driveways affected, and given it's a government contract with prevailing wages to consider, the City was looking at a cost of approximately $32,000. Since the last meeting, and in discussions with Washington Charter School's Principal, there is a school bus program that drives children to the YMCA from the Desert Recreation District. In working with their Transportation Manager, they have concluded they can accommodate the 14 children on the school bus and have them dropped off directly in front of the day care. The cost to the Applicant during the school year would be $5.00 per day for all 14 children. The school district indicated it would only delay their route by five minutes to get the kids to the YMCA, which was an acceptable delay to accommodate this day care for the after school program. Staff believes this plan would be acceptable as the transportation plan. However, in the summer months the Applicant could have full day care and they would be regulated by the drop off condition of no more than five vehicles within a 20-minute span. The new proposed resolution removed the time restrictions, because the City couldn't regulate it, and insert the condition to have the children dropped off at the resident instead of requiring them to walk down a new sidewalk that staff was recommending. Councilmember Harnik inquired about the removal of the time restrictions. Mr. Bagato explained the previous resolution had a condition that allowed the hours of operation to be 8:00 a.m. to 5:00 p.m., but under Licensing, the Applicant is allowed to open as early as 7:30 a.m. and close as late as 6:00 p.m. However, staff removed this condition. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 Councilman Tanner said the Council just received a letter from Samantha Clark, but the letter wasn't dated. He asked if the letter was prepared before or after speaking to Principal Lehman. MS. SAMANTHA CLARK indicated it was from today. Councilman Jonathan asked for a point of clarification in that there are two ways to cross kids at an intersection, which is either at Portola Avenue or Lantana Road, and in both cases it would require sidewalks in front of homes that currently don't have them on the south side of Fairway Drive. Additionally, coming from Portola Avenue there is six homes to the daycare and from Lantana there are three homes, stating coming from Lantana is significantly less expensive than coming from Portola Avenue. However, staff indicated that coming from Lantana Road had the highest adverse impact, but to him it was counterintuitive, because from Lantana only two homes are impacted versus six homes from Portola Avenue. Councilmember Harnik noted the first home on Portola Avenue already has a sidewalk in front of the home; therefore, only five homes would be impacted. Mr. Bagato explained the location of the stop sign was detrimental to the resident and vehicles stopping in front of driveways was not an ideal situation to the neighborhood, given there is a four-way stop sign off Lantana Road and Black Rabbit where vehicles are prepared to stop and typically drive down Fairway Drive. He agreed walking from Portola Avenue was a longer distance, but it was less of an impact to surrounding property owners. Councilman Jonathan thanked and complimented Mr. Bagato for the time spent on this issue, stating he did a thorough analysis, which has taken many months. Councilman Tanner concurred, stating it was a job well done. Mayor Weber declared the public hearing open and invited public testimony in FAVOR or in OPPOSING this matter. Councilmember Harnik disclosed she spent considerable hours in meetings with Ms. Clark and neighbors, which included texts, emails, etc., stating it was important to disclose that information. Mayor Weber stated that as far as she knew all Councilmembers had viewed the site and met with parties involved. MR. GREG FAINS, Fairway Drive, stated this was his fourth visit to City Hall with regard to the present situation, stating he was the owner of the house that would have a stop sign directly in front of the home. He said he would lose his privacy, listen to increase noise levels of vehicles stopping and 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 going, and he's concerned about property value, stating he and many others wouldn't buy a home with a stop sign in front of their home. He has lived in his home for 13 years with no problems or issues, stating he already dealt with traffic and congestion, but he loves his home. Once inside his home feels safe and secure, he has put time and effort into it, it"s been painted and cleaned up, it has a new roof and has done other improvements. Therefore, he is very upset that he would have to lose something in order to accommodate a For -profit business in a neighborhood. He said it was a residential neighborhood, questioning why residents there had to continue to deal with more people and traffic, and instead the City should be helping them alleviate some of the problems there. During lunch at 12:30 today, he counted well over 100 to 120 vehicles going to an AA Meeting at the comer, and at 6:30 a.m. when walking his dog, he sees about the same number of vehicles. Additionally, Washington Charter School has gone from 350 students to 850 students. He understood Bermuda Dunes Day Care Center has a purpose and it helps children, but it adds to the congestion of this neighborhood. He understands the Applicant didn't want to walk down to Portola Avenue where there is a crosswalk because she didn't feel it was safe, yet she felt safe crossing children in the middle of Fairway Drive, stating it didn't make any sense. He was concerned the Applicant can have 14 children in the house between the hours of 7:00 a.m. to 6:00 p.m., questioning what would stop them from having more than 14 children. Finding a viable solution was one thing, but it wasn't viable to take his property rights and privacy to help someone operate a For -profit day care center. He said he met Gayle Clark when she first moved into the neighborhood, stating he was a good neighbor, introduced himself, and invited her into his home. At that time, there was no indication or mention of this 14-people day care center. Next, he receives a notice from the City stating she will operate a day care with 6 people, which he can live with, but now it's at 14, questioning where did it stop. He reiterated he has lived there 13 years, he tries to be a good citizen, he keeps an eye out on the neighborhood, he knows his neighbors, and he's friendly to everyone. However, he is upset that he is having to come to City Hall month after month to defend what he has worked hard for. He emphasized he was opposed to having a stop sign in front of his home so that the Applicant can operate a For -profit day care center. MS. PATRICIA HIGHFILL stated her son attends BDLC and the Art House, stating Samantha is amazing and she was here to stick up for her. She said she has observed the crossing of the children and is completely comfortable with the way it's handled, stating there is always an adult or two present to assist. However, she would not be comfortable with the children having to walk all the way to Portola Avenue or having a bus involved; in her opinion, it was unnecessary. She didn't believe it was that busy a street, of course, there is times when it's busier than others, but it was completely okay for the W; PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 kids to cross the street there with supervision. She said if there was a signage or any indication of people crossing, it would be helpful. Therefore, she hopes things will remain as is, because Samantha has an amazing day care and her son absolutely loves' it, stating it was enrichment for the kids. MS. GAYLE CLARK stated she was representing Samantha Clark who was present earlier but left because she wasn't feeling well. She read out loud Samantha's letter, which is on file and of record in the Office of the City Clerk. In summary, Ms. S. Clark asked to continue to cross the children as she is currently doing or have the City put a crosswalk in front of her home. She was not in favor of walking the children to Portola Avenue or the busing of them, because it was problematic for various reasons, and the parents were opposed to these options as well. She encouraged the Council to read Samantha's letter. Councilmembers confirmed they had read the letter that was provided to them at the convening of this meeting. MS. G. CLARK, stated she was shocked and surprised that if the City was concerned with safety, it would suggest children walk 1,000 feet out of the route to Portola Avenue. She said even staff reported more accidents occurred at crosswalks, stating they didn't always make things safer. Having the children walk to Portola Avenue will require they walk in front of the Alcoholic Anonymous (AA) building, notthat she had anything against the AA building, but it's very busy with people outside. And as mentioned by Councilmember Harnik, kids didn't always walk in a line, which she agreed. She said if they walked out of line crossing Fairway Drive the children wouldn't be in danger, but they would be in danger on Portola Avenue, because they would be walking into oncoming traffic. Further, even if a sidewalk is installed, it wouldn't be the best route. Additionally, the sidewalk along Portola Avenue in front of the Fellowship Building is not a route they would ever access to walk, because the sidewalk is very narrow, stating it was about 2'/2 -feet wide. She understood there was an upset neighbor with having a stop sign in front of his home, however, there is currently a stop sign in front of another house at Black Rabbit. Therefore, moving a stop sign over to the neighbor's house would eliminate the mid -block crossing. She hoped one day a crosswalk would be considered at the intersection, even if it upsets somebody, because sometimes one needs to do what is best and safe for the community. She informed the Council that at the last public hearing there was a group in the back that wouldn't stop talking and badgered people that Ms. Deborah Clark asked for a security escort out to her car. Further, the next door neighbor was filming Samantha Clark while driving his car with his hands off the steering wheel, to show the children were jaywalking. But they had it on film as well because their director was also filming to show how safe Samantha was crossing. She said they talked 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 to a police officer and there is nothing they can do, not that they want to get anyone in jail, they just want it to stop. She said Ms. S. Clark didn't want sidewalks installed in front of anyone's house, because it will upset the property owner. All Ms. S. Clark wants is to provide a safe environment for children. She hoped this issue gets resolved, stating six more children is not going to impact and make things noisy or crazy. MR. DAVID FLETCHER, Covered Wagon, stated this was a bigger issue than just Samantha's day care, stating it involved the safety of all the people in that community and they deserved safe access to their home. He felt that what Samantha was doing is extraordinarily safe, but that was his personal opinion. He's heard the City didn't feel it was safe for people to walk along Fairway Drive, whether it was from Lantana Road or Portola Avenue, so the idea of sidewalks has been discussed. However, sidewalks are being viewed as a negative, which he disagreed, stating they are a benefit not only to the property owners but for the people in that community. He said it would be better if there was a sidewalk for people to get to their homes. However, the cost quoted by staff to put them in seems expensive, and probably because it involved ramps to the driveways as mentioned by staff. He said he didn't know if there was a way to move the sidewalk back so that there is space between the street and sidewalk so it wouldn't have to involve all the ramps to the driveways. Also, he was confused as to whether or not it was legal or illegal for Ms. S. Clark to walk the children across the street. If it's legal, he didn't understand why everyone was having this conversation. If it is illegal, the Council needed to find a way to get the kids across the street. He said a number of years ago stop signs were placed on Fairway Drive in attempts to slow down traffic on the street. He thought it was arbitrary as to whether the stop sign would be placed at Black Rabbit Trail or 50 feet over at Lantana Road, and he didn't know that it really mattered, because someone has to come from a T-intersection unprotected. Therefore, he couldn't see why that set of stop signs couldn't just be moved down. He understood the previous speaker was unhappy about having a stop sign in front of his house, but he wanted the Council to understand there was already a stop sign in front of another person's home across from Black Rabbit Trail mid -block. Whether that property owner was unhappy about it or not, he had no idea. Additionally, an imaginary crosswalk exists at any stop sign without it being striped. Therefore, a crosswalk wouldn't have to be striped in front of a property owner's home encouraging other people to cross there, meaning it would only be one group of people crossing once a day at 3:00 p.m. MR. DAN OLIVIER, Attorney for Samantha Clark, stated he understood there's been a lot of discussion about different alternatives, and he applauded staff and City Attorney for considering various ways to solve this matter. He reiterated that the imposition of conditions was improper and 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 illegal given the State statue and his interpretation. He said the best way to proceed is to not impose any conditions, which also relieves the City of liability, specifically with those conditions that get the government involved. He emphasized he didn't believe a private day care center could be a dangerous public condition. Therefore, his preference is that no conditions are imposed eitheras to the hours of operation or method of accommodating and transporting children from school to the home. If the Council is so disposed to impose a condition with respect to transportation of the children, he and his client still prefer the suggestion of crossing the street in two groups with three adults supervising, which is the most direct and safe way without having to get a bus involved. If the Council is so disposed to the installation of a crosswalk or signage, it would certainly be fine, which is the preferred alternative than to have them walk a long distance or require a bus or paid transportation. With no further testimony offered, Mayor Weber declared the public hearing closed. Councilman Jonathon said this matter was a tough one, stating he was in a King Solomon situation where the Council is just not going to make everybody happy, which was very clear. In summary, the options are as follows: 1) Walking the children across the street, which has been determined to be illegal and considered jaywalking according to the advice given to the Council. Therefore, this alternative was not workable; 2) Install a crosswalk in front of the day care center, which made it legal; however, it was very expensive. More important, staff is saying it's very unsafe, and from his perspective, the City was blessed with the best staff in the Coachella Valley and possibly the State, so he paid attention to their opinion. Therefore, this option was problematic; 3) Use the Portola Avenue intersection, which appears to be objectionable to the Applicant, in addition to being very expensive; 4) Use the Lantana Road intersection, which was also expensive and very objectionable to at lease one a resident. He said this didn't leave the Council with much to decide from, but busing of the children has come up recently, which seemed like a reasonable compromise; however, there are problems associated with it. He said on Wednesdays when the school is only operating half -day, there is a question on whether the bus will be available, which may be the same problem during the summer. There is also the possibility of ferrying the children with the Applicant either buying a van or using a golf cart. He wants to hear comments from his fellow Councilmembers, but it seemed a compromise was inevitable, because there was no perfect resolution. Perhaps the Council needed to look at the option of busing, in conjunction with golf carts, for when buses aren't available, which combined the benefits of low cost, safety to the children, and the least objectionable to the neighbors. He said this type of alternative may not make everyone happy, but it appears to be the most workable and least offensive all around. 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 Responding to Councilman Jonathan's comment about jaywalking, Mr. Erwin said it was decided that it was not considered jaywalking. Councilman Jonathan stated he was referring to crossing without the striped intersection. Mr. Erwin understood, adding there are things that must be done if they are walking across the street that can be permitted. Councilman Jonathan said he understood Mr. Erwin to say that walking the kids across the street as they are doing now, without an intersection, lights, or signs, although not advisable, was legal and not jaywalking. Mr. Erwin answered yes, it was legal. Councilman Jonathan said that may change things. Upon further inquiry, Mr. Erwin elaborated there would be a number of things that would have to be done, stating the people that are protecting the children in crossing the street have to be qualified, and it couldn't be the teacher necessarily, because there are a limited number of people that are permitted to be crossing guards. The problem with that is the risk, which causes the City to be exposed unless it puts in flashing lights or some type of warning system that would alert people traveling on Fairway Drive. Councilman Tannerasked about an enforceable penalty if it's not considered jaywalking. Mr. Erwin said there is an enforceable penalty, because he didn't know if they are using qualified individuals in protecting the children from traffic when they are crossing, holding up warning signs or stop signs. Councilman Jonathan asked for further clarification. If he crossed Fairway Drive mid -block, he wouldn't be breaking any laws or considered jaywalking, and it would be legal for him to do so. Mr. Erwin answered it would. Councilman Jonathan then asked for example, a couple of people taking 14 children on a line who want to cross Fairway Drive, and there is a police car there, they would be cited for doing something illegal or was it legal. He understood the concerns about safety, but again asked if it was legal. Mr. Erwin answered it was. Councilman Jonathan asked for further clarification in that without any crosswalk, lighting, signage, essentially continuing to do what they are doing now, is legal. Mr. Erwin replied it was risky but legal. Councilman Tanner asked if he crossed the street and got hit by a car, or if children walking to school unattended are hit by a vehicle on Fairway Drive or Portola Avenue, would the City be legally responsible. 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 Mr. Erwin explained that if the City provided that as part of the permit process on the Large Day Care Permit, the answer is yes, stating the City would have assumed some liability. Councilman Jonathan asked if that potential liability can be mitigated by reasonable precautions such as striping a crosswalk and putting up signage. Mr. Erwin said it wouldn't be sufficient. Councilmember Harnik noted the City's insurance provider has indicated that doing something like what was just proposed created more of a problem and increased the likelihood of pedestrian versus vehicle accidents. She said it's unfortunate this has taken so long and it's become a very emotional issue for all involved. She conveyed her respect for the work that Ms. Gayle Clark has done at Bermuda Dunes Learning Center (BDLC) and the amazing job her husband does at the middle school. She noted the Art House is highly dependent on BDLC, stating the children played and ate there, but wondered what would happen to the Art House if BDLC didn't exist. MS. GAYLE CLARK explained the Art House is the name of the family day care, under a completely separate license. She said the two collaborate together and Samantha Clark uses the playground; however, the playground is actually the property of the Hope Lutheran Church. She said BDLC gives Samantha the overflow of students, so right now there is a wait list of students that need child care. She said they also refer children to other child care centers in the community. Further responding, she said the children are currently having their snack at Samantha's own home. Two reasons the children go to BDLC are to wait until traffic slowed down and to have the children put on their safety vest. She reiterated they are completely two separate entities. Additionally, the Palm Desert BDLC is closed in the summer, and the Art House will still be operating, because families need day care. Councilmember Harnik pointed out Washington Charter School is one of Palm Desert's oldest school, stating it existed before the City incorporated. Therefore, kids have been crossing this whole time at the crosswalk, which is what she has observed, stating kids cross at Portola Avenue and Fairway Drive. She also didn't think it was too far for elementary school age kids to walk. She wondered if the Council would be considering crosswalks and changing stop signs if this was about a family that bought a home in a residential area that later had a child, and they lived right across Washington Charter School, or would it just direct this family to use existing crosswalks. She wanted everyone to give this some thought, because the topic of liability keeps coming up for fear that something is going to happen. And although people say they won't sue the City, people sue anyone they can, and slowly but surely people get dropped from the suit, but it's still costly. She said Palm 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 Desert welcomes and supports' businesses, and it also encourages early child care education, and this City makes more efforts than any other city. However, this day care was purchased in a residential area and it's a For - profit business, and the location was less than optimum and nobody could deny it. With the Council now trying to find a solution, the option of busing has come up, and the cost is $2.00 a week per child, which she thought was a reasonable and safe solution. She suggested hearing from Lt. Sullivan on this matter, because traffic decisions aren't made in a vacuum and traffic control keeps coming up over and over again. She said children have been going to Washington Charter School for more than 50 years and they didn't stay on one side of the street or stayed at the school. Therefore, the busing of the children seemed like a viable solution, but she was still listening. Councilman Jonathan appreciated all the comments made and everyone sharing in this struggle. However, the clarification by the City Attorney presents a solution that is elegant in its simplicity. If it's legal for the kids to cross as they are now, and the Applicant, neighbor, and parents are happy, the concern now is with legal liability. Councilmember Harnik said the concern was about safety. Councilman Jonathan replied the concern about safety was from the City's, perspective, because the Applicant, parents, and licensing, all seem to feel it is a safe situation, but City's experts do not, which resonated with him. Looking at this from the City's standpoint, there is potential liability, however, let's take the scenario where it prohibited them from crossing mid -block, and God forbid there is an accident on Portola Avenue, the City is then liable for making them cross on Portola Avenue. In his mind there is always a risk when you walk kids anywhere within proximity of vehicles, and the City as a governing entity, to disallow something that is legal, creates additional risk. Furthermore, philosophically, he wasn't' comfortable prohibiting a citizen from doing something that is legal or adding a burden where none is required by law. Councilmember Harnik said she understood, but the advice was that it was legal but not advisable. However, there is a crosswalk at Portola Avenue where she sees students crossing there all the time. Councilman Jonathan replied he would be very oriented toward that alternative if there were sidewalks. However, the Council would then be back to discussing the building of more sidewalks, but residents are not in favor of that option. He said the City has already eliminated the condition for hours of operation, so he was now looking at any kind of mitigation for crossing the kids. 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 Councilman Tanner said the Applicant's attorney has said the City didn't have a right to condition this license, and if that's the case, he questioned what everyone was doing here. He asked if the City can condition the license once it reached 7+ people. Mr. Erwin replied that according to the legislation that is provided, the City can review and approve the suitability of the residence and things dealing with noise and traffic. He said the Council was authorized pursuant to State law to condition on that basis. Mayor Weber asked if the City was translating traffic to mean safety. Mr. Erwin answered yes, because traffic dealt with safety. Councilmember Harnik recalled there were four issues the City could condition. Mr. Bagato responded the four conditions are traffic, parking, noise, and space and concentration, stating the day care has to be 300 feet from another large day care. Under the Health and Safety Code, a Large Family Day Care calls for a transportation plan. Since the children were crossing the street as part of the program, staff felt that was their transportation plan, which is not typical, because in most cases, staff deals with a drop off and pick up issue where a circulation access plan is provided. This was different because you have someone directly walking from a school, which is part of the transportation plan that the City can regulate. He said staff placed a limit of not more than four children being picked up at once, because if 14 parents showed up at the same time, it would be a traffic problem. Therefore, staff wanted no more than four vehicles within a 20-minute span on the driveway or adjacent area. Mayor Weber said there have been no objections to the conditioning of noise, parking, or anything else, stating it was just the City's translation of traffic control as it relates to safety. Mr. Bagato agreed, but also the liability associated with the permitting. Since it's legal for anyone to walk across the street there, once you review for permitting purposes, liability and risk are considered, which is where staff has been uncomfortable after looking at the transportation plan and traffic numbers. He pulled up an aerial view of Lantana Road showing the crosswalks behind the school. He said the children that live in the neighborhood will walk down Lantana toward Fairway, stating most children come from the homes that are to the east. This issue was brought up during the zoning hearing that he reviewed. Therefore, the crosswalk at Black Rabbit is more beneficial, because the majority of the kids in the neighborhood are crossing there. So moving the stop signs elsewhere, 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 would only benefit one resident versus the entire neighborhood. He agreed there needs to be further study for sidewalks and perhaps collaborating with CVAG, but in this specific case, the location of the stop sign at Black Rabbit is beneficial to the overall community because most children are going toward Covered Wagon or Old Prospector, which is why he was not comfortable with moving the stop sign. He added, since there are technically unmarked crosswalks, crossing at the corner of Lantana and Fairway was a legal crossing, there just isn't a stop sign. The concern all along was the children crossing mid -block through the planters where visibility is restricted at an unexpected area, stating staff didn't believe it would be safe once permitted. It is legal if they did it on their own, but the City permitting it was a concern. Mayor Weber asked for further clarification in that the City has the opportunity to permit the day care, but the State overrides the City, in terms that they have already authorized the 14 children. Mr. Bagato replied the State has given the Applicant a license to operate for up to 14 children, but beyond 7 the City has the authority to place restrictions. Further responding, he agreed the City didn't have to place restriction if there are no issues, but the way the Ordinance reads, if there are concerns, it needs to be mitigated or denied, which is why he originally denied the permit at staff level, and at that time there wasn't an acceptable solution. Mayor Weber commented that everyone has been bending over backwards over the safety of the children whereas none of the parents seemed to be, in terms of crossing there, including the day care. Councilman Jonathan stated that in reading the proposed Resolution provided just prior to the meeting, he didn't see any conditions having to do with the school bus or crosswalk. Mr. Bagato replied Condition No. 5 states, "the children will be dropped off in front of the day care home." Councilman Jonathan said the proposed Resolution basically sanctioned the current operation as it stood now. Responding to comment, he said the condition didn't specifically reference a bus, but does refer to some type of vehicle. He said he was prepared to propose a motion, although Mr. Erwin may never talk to him again. Councilmember Harnik suggested hearing from Lt. Sullivan first. 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 Councilman Jonathan replied the Council can hear from Lt. Sullivan in discussion, because what is paramount in his mind is that the Council has been informed that what the Applicant is currently doing is legal. Mr. Wohlmuth invited Transportation Engineer Mark Dierks to speak on the legality of day care staff holding up stop signs. Transportation Engineer Mark Dierks explained it was legal to cross the street, but people cannot impede or control traffic in any manner. Further responding, he said they can use a caution sign, but not a stop sign, and they shouldn't be walking out in front of vehicles. Councilman Jonathan stated that meant they can cross the street as they are now, which is the question he asked the City Attorney. Councilmember Harnik disagreed, stating stop signs were being used. Councilman Jonathan agreed, however, they are no longer using them. He said he was prepared to provide a motion that removed the condition for days/time of operation, eliminate Condition No. 5 and replace it with a directive to the Applicant to comply with existing traffic laws. If the Applicant had questions about what is legal they can get direction from City staff or the Sheriff's Department. Councilman Jonathan moved to, by Minute Motion, direct staff to prepare a resolution to bring back before City Council at its next meeting, with similar conditions as in the replacement Resolution No. 2015-06 presented earlier this afternoon, removing the conditions regarding days/hours of operation and also removing Condition No. 5 in its entirety. Motion was seconded by Tanner. Councilman Tanner said he met with the Applicant once, but he has been over there four times viewing from the parking lot at the church. He also met with staff and he too is concerned about the safety of children, but at the same time, in light of what has been presented this evening, he didn't think the Council had the right to say no. He is only going to encourage that the day care continues to use the caution and do the things that are meant to be done, understanding that the Applicant is responsible for the 14 children. Councilmember Harnik asked Mr. Dierks what can the day care do to cross and still be legal. Mr. Dierks replied it came down to safety and what the City felt was safe. They are allowed to walk across the street as long as they are not impeding traffic or controlling traffic. 27 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 Councilmember Harnik asked Mr. Dierks to define impeding and controlling traffic. Mr. Dierks explained that before Ms. S. Clark was walking down the street holding up a stop sign and drivers were stopped and had to wait. What they need to do now is cross when there is no traffic and it is safe, stating they are not to impede traffic by walking across. Further responding, he said the actual definition of jaywalking was walking between two intersections controlled by traffic signal devices, stating the intersections could be a mile apart. Councilmember Harnik commented she could see the concern on Mr. Dierks' face. Mr. Dierks said he commended the day care for wrapping the kids up and controlling them across, and if the Council is going to allow them to continue to cross, he suggested they keep doing that process, however, it was not the City's place to give them direction. Councilman Jonathan said he appreciated that the Applicant went above and beyond in their process of crossing the children, stating he had observed a professional staff members at the front and back of the line, and the kids were incredibly cute holding on to the rope. He observed them crossing very carefully and only when it was safe. He said he knew the Applicant and knew she will continue to cross safely. He encourages the neighbors, regardless of what happens this evening, to play nice stating children are the most precious resource. He added that everyone will be praying for the safety of those children. Mayor Weber thanked Mr. Bagato for all the time, effort, and documentation, because if nothing else, she had been educated as to the definition of jaywalking. She said this process pointed out to the community how conscientious the Council is, stating it listens to everyone in the community, because the goal is to find the best solution and clearly more child care services are needed. Mayor Weber called for the vote and the motion carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). Councilmember Harnik stated she hoped the neighbors can get along, and sorry that this became an emotional and terrible situation, but she was pleased property rights were not harmed. NN PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 XVIII. REPORTS AND REMARKS A. CITY MANAGER City Manager Meeting Summaries for the Period of December 29, 2014 - January 9, 2015. Mr. Wohlmuth noted the printed report provided with the agenda packets and offered to answer questions. Councilmember Harnik called attention to the meeting listed for December 29, 2014, regarding the Champions Club discussion and noted that she also saw Mr. Wohimuth's memo dated January 12, 2015, and thanked him and staff for all the good work done with the follow-up communication on this matter. It appeared as though a solution had been found for this issue. With City Council concurrence, the Meeting Summaries were received and filed. B. CITY ATTORNEY None C. CITY CLERK Reminder - City Council Tour of 29 Palms Marine Corps Air Ground Combat Center - Wednesday, January 28, 2015. Ms. Klassen said based on the Council's approval of Resolution No. 2014-97 on December 11, adopting the 7'h Regiment of the 1 s` Division of the Marine Corps based at Twentynine Palms, California, it would be taking a tour of the base on January 28. Tomorrow her office would be posting the notice for this event. D. PUBLIC SAFETY Fire Department None 2. Police Department None 29 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 E. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor's Meeting Summaries Retort for the period of December 29, 2014 - January 9, 2015. Mayor Weber said she'd added a new item to the agenda in the interest of good faith and transparency, believing that a responsible Mayor would be letting the public know where she is and what she's been doing on behalf of the public. Hence, the subject report, which was provided in printed form in today's agenda packets. She said it was hoped that this report would keep the public apprised of the Mayor's activities and encouraged her colleagues to do the same. With City Council concurrence, the Mayor's Report was received and filed. 2. City Council Requests for Action: a) City Council Assignments 2015. Mayor Weber called attention to the Proposed List of City Council Assignments contained in the agenda packets. She noted that the Proposed List was accepted at the January 8, 2015, Council Meeting as a temporary, working list until it could be discussed further. Today it was hoped to firm it up a bit more. Councilman Tanner noted that earlier today Mayor Pro Tern Spiegel had conveyed his desire to relinquish three of his assignments: 1) Parks & Recreation Commission; 2) Cove Commission; 3) Two x Two Committee. Councilman Tanner nominated: 1) Councilman Jonathan to replace Mayor Pro Tern Spiegel as the liaison to the Parks & Recreation Commission (Councilman Tanner continuing to serve as the Alternate Liaison); 2) Councilman Jonathan to replace Mayor Pro Tern Spiegel on the Cove Commission and serve with Mayor Weber there; 3) Mayor Weber to replace Mayor Pro Tern Spiegel on the Two x Two Committee (Councilman Tanner remaining as the other representative there). Further discussion occurred, including Councilmember Harnik offering that there were also two bodies she was currently assigned to as an Alternate Liaison that she was willing to give up and offer to Councilman Jonathan: 1) Chamber of Commerce; 2) CVAG Energy & Environment Committee. 30 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 Mr. Wohlmuth also asked Council to remove the Carlos Ortega Villas Advisory Subcommittee from the list, now that the project is well underway, with construction approximately 50% complete. He added that related construction and occupancy matters would be considered by the City's Housing Commission from this point forward. Councilman Tanner agreed to amend his motion and add: 4) Nomination of Councilman Jonathan to serve as the Alternate Liaison, replacing Councilmember Harnik in that role on both the Chamber of Commerce and CVAG Energy & Environment Committee; 5) elimination of the Carlos Ortega Villas Advisory Subcommittee from the 2015 Assignments List; 6) accept the 2015 City Council Assignments List as of January22, 2015, including the aforementioned changes. Motion was seconded by Jonathan and carried by 4-0 vote (AYES: Hamik, Jonathan, Tanner, and Spiegel; NOES: None; ABSENT: Spiegel). b) General Fund Financial Report — Councilman Jonathan said he'd had the pleasure of meeting with Director of Finance Paul Gibson and learned that one of the reports prepared monthly for the Audit, Investment & Finance Committee is a one -page broad summary look at the City's year-to-date performance compared to budget. He asked if Mr. Wohlmuth would find a way to include this report in the agenda packets once per month. Mr. Wohlmuth agreed to provide the report under City Manager's Reports once per month. 3. City Council Consideration of Travel Requests and Reports: None 4. City Council Committee Reports: None 5. City Council Comments: a) Councilman Jonathan remarked that as the newest person on the Council, he was even more appreciative to learn how hard the Council and City staff work to meet the needs of the residents, and it was both a pleasure and an honor to be part of that process. b) HERO Clean Energy Financing Program — Councilmember Harnik announced that the HERO Program through CVAG was slated to roll 31 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2015 out in March. She said this was in addition to the existing Ygrene, meaning there was now some nice healthy competition in these programs. c) Senior Baseball League (Age 50+) — Councilmember Harnik noted that the Senior Baseball League kicked off its season a week ago, and she encouraged everyone to go out and watch them play if they had the chance. d) New Mayors & Councilmembers Conference — Councilmember Harnik reported that she and Councilman Jonathan attended the League of California Cities' Conference last week in Sacramento, finding it very informative. At some point in the future, she wished to coordinate an effort with staff to share some of the good ideas and valuable information obtained there. e) Palm Desert Police -- Councilmember Harnik went on to say that in the past week she'd had the occasion to be in contact with the City's Police Department in connection with two very unfortunate incidents. She wished to go on record that the Police representatives she met with were tremendous — they were helpful and professional, and she thanked them all for their service. 6. Suggested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Tanner, second by Jonathan, and unanimous consent of the City Council, Mayor Weber adjourned the meeting at 6:06 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 32