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HomeMy WebLinkAbout2007-09-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 27, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:01 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Jim Ferguson arrived at 3:15 p.m. Councilmember Cindy Finerty Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Dan Kaiser, Acting Director of Building & Safety Lauri Aylaian, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 43-915 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Dianne Dorrough Trust Under Negotiation: x Price x Terms of Payment 2) Property: 43-895 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Rutilio & Dominga Perez Under Negotiation: x Price x Terms of Payment 3) Property: 43-878 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Josephine Gaudio Under Negotiation: x Price x Terms of Payment 4) Property: 43-845 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Don & Dorothy Thompson Under Negotiation: x Price x Terms of Payment 5) Property: 72375 Upper Way West, Palm Desert (APN 628-130-014) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Janice C. Wood Living Trust, Dated 10-31-96 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 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 b) City of Palm Desert v. Cannahelp, Riverside County Superior Court Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With City Council concurrence, Mayor Kelly adjourned the meeting to Closed Session at 3:02 p.m. He reconvened the meeting at 4:01 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 Robert A. Spiegel VII. INVOCATION - Mayor Pro Tem Jean M. Benson Vill. ORAL COMMUNICATIONS - B MS. TORREY GANE and MS. DANIELLE JENET (sp?) of the Samsung World Championship Golf Tournament expressed deep appreciation to the City of Palm Desert for its help with the Community Day with Lorena Ochoa on August 28. She said it was an excellent event, and there was tremendous publicity worldwide, especially for Palm Desert. She went on to say that Ms. Ochoa asked that the City be provided with a special memento, and she presented two autographed, framed posters of the event, one for the City and one personally for Mayor Kelly, thanking him for his time and support. Mayor Pro Tem Benson accepted the poster for the City. Mayor Kelly accepted his gift and conveyed how much the City appreciated what Ms. Ochoa did for Palm Desert as well. He said her willingness to share her talent with the residents and her graciousness in doing so were extraordinary and something that would always be remembered. MS. BARBARA deBOOM, President/CEO of the Palm Desert Chamber of Commerce, reminded City Council about the Chamber's Business Expo being held September 28 at Fantasy Springs Casino and Spa from 4:00 p.m. to 7:00 p.m. She said there were 134 exhibitors from Palm Desert traveling to Fantasy Springs, with 14 restaurants, and there would be an After Party on the 12th floor following the Expo. She invited everyone to come out and join them for the event tomorrow. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 MR. MEL HABER, President of the Board of Angel View Crippled Children's Foundation, said he appeared before the City Council last year to thank them for supporting a hydrotherapy program for their patients. This year he came to thank them for generous support of their Camp Forest Program, a summer camp that allows developmentally disabled youngsters to share an experience with able- bodied children from low-income families throughout the Coachella Valley. He said this past summer 230 campers each spent a week at the Camp, and thanks in part to the City's generosity, none of the campers had to pay for the experience. He related that most of the able-bodied children came for the Camp through the Coachella Valley's Boys and Girls Clubs, and while initially hesitant upon their arrival, it was hard for them to leave at week's end. He went on to say that he also hoped the City Council would be able to join the Foundation later this fall for dedication of their new home, representing an expansion of their program to serve disabled infants and toddlers who have been abused or neglected. On behalf of everyone at Angel View, he thanked the City Council for its continued support. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — AUGUST 2007. Mayor Kelly made a special presentation to recognize City Employee and Mayor of the City of Indio, Ben Godfrey, who had been nominated for one of the City of Palm Desert's Outstanding Employee Awards. Mayor Kelly noted that it was a special occasion for one Mayor to be able to recognize the other in this fashion. Mayor Kelly and Mr. Ortega went on to recognize the remainder of the August 2007 Employee Award Recipients, each with a printed certificate and $100 gift certificate: Lorena Armenta, Lauri Aylaian, and Karen Russo. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 13, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 52, 64, 68, 71, and 79. Rec: Approve as presented. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 C. APPLICATION FORALCOHOLIC BEVERAGE LICENSE by El Rodeo Cafe, 44-820 San Pablo Avenue, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fresh & Easy, 72-885 Highway 111, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE/COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meetings of August 21, 2007, and September 4, 2007. 2. Youth Committee Meeting of June 23, 2007. Rec: Receive and file. F. REQUEST FOR DECLARATION of Surplus Property and Authorization for Appropriate Disposal (Desert Willow Golf Resort Miscellaneous Office and Groundskeeping Equipment). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. G. REQUEST FOR APPROVAL of Contract for StateNet Legislative Tracking Services — March 2008 to February 2009 (Contract No. C26980). Rec: By Minute Motion, approve the subject contract with StateNet, Sacramento, California, in the amount of $1,890 to provide legislative and regulatory reporting services and authorize the Mayor to execute same — funds are available in Account No. 110-4112-410-3060. H. REQUEST FOR APPROVAL of Change Order Nos. 1 and 2 to Contract No. C26800 — Construction of the Freedom Park Community Garden. Rec: By Minute Motion, approve the following for the subject contract with Larios Builders, Anza, California: 1) Change Order No. 1 in the amount of $3,118.23; 2) Change Order No. 2 in the credit amount of ($203.70) — funds are available in the contingency set aside for this project, Account No. 400-4546-454-4001. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 1. REQUEST FOR APPROVAL of $10,000 Sponsorship for the Annenberg Theater's Opening Night Benefit Concert, Sunday, November 4, 2007. 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 Beer Concession for the 2007 Golf Cart Parade. Rec: By Minute Motion, permit the sale, possession, and consumption of alcoholic beverages on City -owned property located at the northeast corner of El Paseo and Larkspur Drive in connection with a special event, the 2007 Palm Desert Golf Cart Parade scheduled to be held Sunday, October 28. Mayor Kelly stated staff requested Item F be removed for separate consideration under Section XI, Consent Items Held Over. Councilman Ferguson asked that Item I also be removed for separate consideration. Upon a 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 F. REQUEST FOR DECLARATION of Surplus Property and Authorization for Appropriate Disposal (Desert Willow Golf Resort Miscellaneous Office and Groundskeeping Equipment). Mr. McCarthy noted these were items declared surplus out of Desert Willow, listing three Gateway computers on the second page of the attached exhibit of the staff report. He requested amending the list to reflect only two Gateway computers instead of three, retaining one for internal use. Councilman Spiegel moved to, by Minute Motion, declare the items listed in the accompanying staff report as surplus property as amended and authorize disposal as indicated. Motion was seconded by Finerty and carried by a 5-0 vote. I. REQUEST FOR APPROVAL of $10,000 Sponsorship for the Annenberg Theater's Opening Night Benefit Concert, Sunday, November 4, 2007. Councilman Ferguson stated he was not opposed to supporting the Palm Springs Art Museum, but the City was asked to donate $10,000 for a concert that already had its advertising out, listing sponsors, and Palm Desert was not one of them. He said the only other benefit to the City, given that the concert was for Palm Springs Museum and Rancho Mirage, is the City 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 receives 14 tickets. He's already had one call asking him why the City was spending $10,000 to send 14 people to a concert. He said he would not be agreeing to that. He reiterated he was not opposed to donating money to the Art Museum, but he preferred going through Outside Agency Funding rather than giving the outward appearance of making a direct gift of public funds. Mayor Pro Tem Benson responded as the City's representative on the Palm Springs Art Museum Board, she believed in what the Art Museum did for the children of the Coachella Valley, and the City should help support in putting on this concert. She said it was one of their fund raisers, and the money was used for other needs for Palm Desert children as well. Secondly, she did speak with Lisa Vossler about the advertising, because the City was asked early enough, but it just now got on the agenda. She said Palm Desert will be listed as a sponsor the night of the gala, which a lot of people would see and would not necessarily look at the brochures that went out beforehand. Palm Desert will be listed as a sponsor the night of the affair at the theater and anything else going out from hereon. Thirdly, she believed if Palm Desert was going to be part of an organization and sit on the board, then it should help whenever it can on programs that will benefit Palm Desert children. Mayor Pro Tem Benson, moved to, by Minute Motion: 1) Approve a $10,000 sponsorship for the Annenberg Theater; 2) appropriate $10,000 for the sponsorship from Account No. 110-4159-415-3125; 3) determine that the sponsorship is a benefit to the City. Motion was seconded by Kelly. Councilman Spiegel stated he agreed with Councilman Ferguson. He said the City had sponsored other events in the past when the dinosaur exhibits were there, and kids were sent to participate. He said the City's had done a lot for the Museum, but he was sure other events would come up that would make more sense than the Brian Wilson Concert and didn't think the City should spend $10,000 for 14 tickets. Mayor Kelly responded the City wasn't doing it for the 14 tickets. Councilman Spiegel said he knew that. Councilman Ferguson then stated if the City was going to help the Museum, it should be done through Outside Agency Funding instead of this "charade," causing people to say, the City was donating $10,000 for tickets, which it clearly was not. He said the City of Palm Desert was one their biggest supporters outside their jurisdiction, and it was not an indictment on the Museum, but a strange way to give them money. He said he preferred being up front by going through the Outside Agency Funding, which was coming up in three months. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 Mayor Pro Tem Benson responded $50,000 to the Palm Springs Film Festival was a strange way to get help as well, and at least with this event, programs were provided for kids. She said there was no physical evidence of other programs coming out of money given to Palm Springs. Councilman Ferguson then suggested setting a new rule, but at this time, he didn't feel comfortable voting in favor of this item. Mayor Kelly called for the vote, and the motion FAILED on a 2-3 vote, with Ferguson, Finerty, and Spiegel voting NO. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL, OF MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, PALM DESERT MIDDLE SCHOOL FOUNDATION, AND CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN AN AFTER SCHOOL PROGRAM AT PALM DESERT MIDDLE SCHOOL AND ATTENDANT APPROPRIATION TO IMPLEMENT SAID PROGRAM (CONTRACT NO. C26990). Councilman Ferguson moved to, by Minute Motion: 1) Authorize the Mayor to execute the subject MOU between Desert Sands Unified School District, Palm Desert Middle School Foundation, and City of Palm Desert as it relates to participation in an After School Program at Palm Desert Middle School; 2) appropriate $55,631 from the Unobligated General Fund to Account No. 110-4800-454-3892 for this purpose. Motion was seconded by Spiegel and carried by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 B. REQUEST FOR AWARD OF CONTRACT FOR THE 2007 CITYWIDE STREETS RESURFACING PROGRAM (CONTRACT NO. C26570, PROJECT NO. 752-07). Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company, Indio, California, in the amount of $3,322,233.00; 2) approve a 10% contingency for the project in the amount of $332,223.30; 3) authorize the Mayor to execute the subject contract — funds are available in Account No. 110-4311-433-3320. Motion was seconded by Ferguson and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE IMPROVEMENTS ON COUNTRY CLUB DRIVE MEDIANS FROM MONTEREY AVENUE TO PORTOLA AVENUE (CONTRACT NO. C25030A, PROJECT NO. 934-06). Mayor Kelly, Councilman Ferguson, and Councilman Spiegel noted they had a lot of constituent calls on this item last year, and it was also mentioned in the newspaper. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Park West Landscape, Inc., Corona, California, in the amount of $663,719.55; 2) approve a 10% contingency of $66,371.96 for the project; 3) authorize the Mayor to execute said contract — funds are available in Account No. 400-4614-433-4001. Motion was seconded by Ferguson and carried by a 5-0 vote. D. REQUEST FOR DIRECTION RELATED TO BUS SHELTER ADVERTISING AND MAINTENANCE IN THE CITY OF PALM DESERT. Councilman Ferguson recused himself from the Chamber, the discussion, and action on this item due to a conflict of interest, for his representation of the company that places advertising in the bus shelters for SunLine. Councilman Spiegel noted he was the City Council Liaison to SunLine, who operated the bus shelters. He said the City was in the process of eliminating all its SunLine-provided bus shelters in Palm Desert by replacing four a year with its own design. It will cost the City a few dollars to have SunLine clean the City's bus shelters because they have the equipment to do it. It also meant the City would have to provide some type of City inserts for the advertising that's going away. He questioned if staff took that into consideration. Ms. Riddle asked if Councilman Spiegel was referring to the replacement of the ads themselves. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 Councilman Spiegel responded the ads will be taken out by SunLine and placed somewhere else because they already had a contract for those ads. He asked if staff would be replacing them with public service announcements or leaving them blank. Ms. Riddle replied staff was proposing to eliminate ads altogether. In response to Councilman Spiegel's question, Ms. Gilligan stated the proposed agreement from SunLine did not offer the City the opportunity to use 50% of the space. It concerned staff that SunLine would take all the space and get all revenues from it. In the past, the City had the opportunity to announce community events, community programs, etc., but SunLine was not offering that option to the City in their proposal at this time. Responding to further question about whether the City could just go ahead and put in its own ads, Ms. Gillian said it couldn't because the bus shelters belong to SunLine, and unless they agreed, the answer was no. Mayor Kelly stated he preferred not having ads on the bus shelters. Ms. Gilligan stated the main question was whether or not Council wanted advertising in the bus shelters. If not, the ads are removed, costing the City $40,000 a year to pay SunLine for maintenance of the shelters. It will also allow the City to move forward with the City's Bus Shelter Improvement Program to add four bus shelters per year at a cost of approximately $40,000 per shelter. However, in the future, those bus shelters could be moved because they are portable. If SunLine changed their bus route, the City's bus shelters could be moved to a new location. Councilman Spiegel asked if there was any objection to him speaking to SunLine about the City having its own informational announcements in the shelters that still existed. He said the Cities of Rancho Mirage and Indian Wells did not provide any advertising on their shelters, and it was the direction Palm Desert was going but would take awhile, because the City was only replacing four per year. Ms. Gillian stated staff had already proposed that option to SunLine, but they want all the cities unified, where every city gave their advertising space. Otherwise, Palm Desert would become a source of irritation to other cities, because it got 50% of the space and other cities didn't. So when it was proposed to SunLine over the last year when staff was negotiating, it was not a viable option to them. Councilman Spiegel asked if staffs direction was to leave the bus shelters empty. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 Ms. Riddle suggested removing the actual panel frames where the ads were posted. Then all bus shelters would look similar to the ones without advertising. Upon further question, she confirmed it was staff's recommendation. In response to Councilman Spiegel's concerns, Councilmember Finerty stated that Option 3-b referenced in the staff report would offer staff the ability to negotiate a new contract similar to that which just expired, retaining 50% of the advertising space. She thought it may be a better way to go while the City phased the shelters out. Mayor Pro Tem Benson stated she didn't care for advertising on the bus shelters and thought they would look cleaner if left empty. She'd rather see advertising that was favorable to Palm Desert; but if SunLine had control of the advertising, they'd probably put cigarette and beer ads everywhere, and she didn't want to see that happen. In addition, SunLine wouldn't give the City the advertising panels for free, it was an on -going battle, and she preferred taking them out. The City could then do whatever it wanted with its own bus shelters. Mayor Kelly stated he felt strongly against advertising in bus shelters. He said it was a bad thing and voted against it when it first started. He said business people come to the City requesting a sign for their business so that it can be seen, and he was in favor of them obtaining one. However, the City was very strict with what it allowed merchants to put on their buildings, even though the City depended highly on their sales tax. He said it was hypocritical if the City would then stick a sign by the edge of the road on a bus shelter. Instead, he thought it was a great opportunity for Art In Public Places at the bus shelters, where it was very visible. He felt the bus shelters should look like they do in Cities of Indian Wells and Rancho Mirage, nice looking cities with nice looking bus shelters. Councilmember Finerty agreed, but her perspective was that the City was doing significant advertising for the Art of Food & Wine, Energy Program, Public Service Announcements, and wondered if that type of advertising would be appropriate, because it was her understanding the City had an opportunity to negotiate for 50% of the space. Mayor Kelly said the City had an opportunity to get rid of advertising altogether, with no signs down the road. Councilman Spiegel suggested he try to negotiate with SunLine to use some of the City's bus shelters as informational shelters. If he got turned down, Council could go with staff's recommendation, which was to pull out all signs altogether. In the meantime, replace them with some new shelters that include Art In Public Places. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 Councilman Spiegel moved to, by Minute Motion, authorize the City to negotiate with SunLine to use the empty spaces where advertising now existed for informational items about the City; if SunLine rejects the proposal, eliminate all the SunLine-provided bus shelters as soon as possible and pull out the signs altogether. The motion was seconded by Finerty. Ms. Gilligan stated the City would definitely be able to do that because SunLine had a contract with a new advertising company. The City could purchase space where the public information signs would be placed. Councilman Spiegel stated that was another issue altogether, and he didn't want to talk about that matter at this time. He said this item was about getting rid of the advertising in the bus shelters. If the City wanted to go back and negotiate to have its advertising there and how much it would cost, then it can be brought back to Council. Mayor Kelly stated staff could do that, even if Council followed staff's recommendation to not have a contract. However, he was in favor of getting rid of all the advertising, and whatever was done later was another issue. Mayor Kelly called for the vote on the motion, and there was NO ACTION on a 2-2 vote, with Finerty and Spiegel voting YES, and Benson and Kelly voting NO. Mayor Pro Tem Benson moved to, by Minute Motion, direct that advertising be removed from bus shelters in the City, leaving them vacant and/or removing the framework for the ad panels, as necessary, with potential future discussion and negotiation for inclusion of public service/City announcements. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE PALM DESERT STRATEGIC SOLAR PLAN WITH PHASES ONE, TWO, AND THREE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY) (Continued from the meeting of September 13, 2007). Councilman/Member Ferguson stated Edison, The Gas Company, and the Energy Coalition, the three partners in this effort, requested a continuance. MR. VINCENT BATTAGLIA, Palm Desert resident, stated he was a recent MBA graduate from University of California, Riverside -Palm Desert campus, a managing partner of Environment Powered, a recycling and sustainability service in Palm Desert, a founding member of the U.S. Green Building Council, Inland Empire Chapter, and State advocate for the U.S. Green Building Council in Sustainable Construction. He thanked Director of Office of Energy Management Patrick Conlon for the phenomenal work he's done 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 and stated he was a beacon to all who were working towards having dwellings be more "green." He said he was supportive of Mr. Conlon's efforts and the proposed historic plan for the citizens of Palm Desert for three reasons: 1) It will move this community in the right direction and help reduce greenhouse gas emission and the air pollution caused by daily energy uses; 2) it helps to moderate the increasing dependence on natural gas; 3) it will help mitigate the associated risks of electricity's price and volatility, i.e., building more power plants. He said using solar was truly a sustainable approach. He said the definition of sustainability was the ability to provide the needs of the earth's current population without damaging the ability for future generations to provide for themselves. Essentially, when a process was sustainable, it can be carried out over and over again without negative environmental effects or possibly higher costs to anyone involved. How this related to the Palm Desert Solar Plan was that Environment Powered was part of a growing group of green builders in Riverside County that coordinate energy efficient methods into the construction of new structures and also made older structures more energy efficient to make the entire living structure as sustainable and as stand-alone as possible. He encouraged the Council to ratify the proposed Palm Desert Strategic Solar Plan, which would move the City toward a historical direction and put the City of Palm Desert in a leadership position toward sustainable growth. He said business leaders promoting sustainability were in support of the City's solar plan and believed it was a product the City was helping create. He requested that Council set a concrete date to have the plan ratified. MS. KATHY DEROSA, Southern California Edison Public Affairs, stated as the nation's leading producer of renewable energy, Southern California Edison was supportive of efforts to increase the number of renewable resources to its customers. She said they didn't have the opportunity yet to review the proposed plan in detail; therefore, she was not in a position to comment as to the value it would have to their customers and requested a continuance at this time. MR. THOMAS HALL stated he was a renewable energy provider. He said he's been observing what cities in the Coachella Valley had been doing with regards to renewable energy and energy efficiency, and Palm Desert was the leader and encouraged Council to continue on that path. He said if the City was looking for revenue, people will come to Palm Desert to learn about a sustainable City with many advantages to reach the goals that everyone wants to achieve. Councilman/Member Spiegel moved to continue this item to a date uncertain. Motion was seconded by Ferguson and carried by a 5-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT FOR THE LANDSCAPING/SCREENING OF PALM DESERT MOBILE ESTATES (CONTRACT NO. C26960). Mr. Ortega noted this item was before Council again because Council directed staff to provide scenarios that depicted the level of screening by the different sizes of trees. He handed a copy of computer -generated images to the Council. He noted that in addition to staff's presentation, the Chaparral Association had a report on what they would recommend as an option for Council's consideration. Councilman Ferguson noted the staff report mentioned Mr. Ortega had approached Coachella Valley Water District (CVWD) about participating with one-half of the $85,000 initial estimate and wondered what CVWD's response was. Mr. Ortega said CVWD's response was positive. He said he shared Council's directive about getting larger trees and the new amount with their general manager, who then discussed it with his board, which was not prepared to agree on any portion of the amount presented. However, they've requested that discussions continue if the Mobile Home Park and Chaparral Country Club were willing to be part of the solution. At this point, the City did not have a definite yes on the larger amount. Councilman Ferguson asked if Chaparral's option for the tennis court fencing at a total cost of $50,000, had been evaluated by staff. Mr. Ortega responded it had not because it was just received this date, along with the photographs. He said the photograph sample called for an extension of the current chain link fence and application of material. He pointed out the City owned neither the right -of -away or fencing, and it was another issue that would need to be addressed. Councilman Ferguson stated the same would be true if trees were installed. Mr. Ortega agreed. However, CVWD, aside from whether they choose to help with the funding or not, did agree to give the City the right-of-way for construction and installation of trees, but the City would still have the issue of continuing to provide water and maintenance. It was his opinion that the Mobile Home Park needed to be part of the solution. Councilmember Finerty asked if consideration was given to putting up the tennis court screening for $50,000 and planting the trees for $85,000, realizing the screening will wear out in time with the wind. She said by the 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 time the screening wears, the small trees will have matured at a total cost of $135,000, which was Tess than $250,000 for the larger trees. She wondered if there was support to split the cost among Chaparral Country Club, the Mobile Home Park, CVWD, and the City to cover the $135,000. Mr. Ortega noted the City was responding to the desires of Chaparral. At one time they requested that the City build a wall, along with other things, and the question was whether it would be acceptable to them. Staff would be agreeable, if it would satisfy what Chaparral wanted to achieve. MR. RUDY FRIEDRICH, stated he lived in the City since 1982. He said he's been fortunate to work hand in hand with City employees through the years, while employed by an engineering company that did the original configuration of Fred Waring Drive from Monterey Avenue to Portola Avenue. The latest triumph being the Portola Bridge over the Whitewater Channel. Unfortunately, as motorists travel over the bridge into the City, they cannot help but notice the eyesore to the west, which was Palm Desert Mobile Estates. He's also participated in the idea of a block wall to go along that perimeter and distance of Palm Desert Mobile Estates, which was 1,350+ feet. Realizing the wall was totally out of the question because of cost, the idea of a 12-foot chain Zink fence was not a bad one. If the City installed the fence on Palm Desert Mobile Estates property with them maintaining it, the City and CVWD would be absolved of any responsibility. He said he was pleased with how the City had cooperated with its constituents and City dwellers. MR. CHARLES AUTTERSON, resident of Chaparral Country Club, and Chairman of its Board of Directors for the Restore Our View (ROV) Committee, displayed before and after photos of the mobile home storage. He said they were the same photos presented at the September 13th meeting. He said the tent barns were subject to winds, as illustrated in the photos; the covers were blown off and the frames were collapsed. He said Senior Code Compliance Officer Pedro Rodriguez stated it could be a safety factor and that high winds could potentially blow the tent barns onto Portola Avenue on the new bridge. He went on to describe the rest of the photos that included samples of a chain link fence. He said the Chaparral Country Club HOA was proposing tennis court fencing, it could be installed within weeks and would provide immediate screening. The cost estimate for labor, material, and installation was approximately $50,000. He said desert friendly plants with low water use could be planted to break up the span of 1,300+ feet of fencing. Responding to question, Mr. Autterson confirmed he was speaking on behalf of the board and noted other members, including the president of the board were in attendance. He said he was given authorization to respond to the City Council about financial participation, and there was a strong possibility they could share in the cost. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 Councilman Ferguson stated $50,000 divided by four parties was $12,000, which didn't seem to be all that big of a deal to him. Mr. Autterson agreed. MR. DON UNDERWOOD, stated Mr. Friedrich and Mr. Autterson covered the issue thoroughly and hoped Mr. Autterson's proposed plan would be accepted. He said it was a savings of $100,000 to $150,000, it was a viable option, and believed it would be aesthetically well received. MR. BILL SHUMACHER, member of the Chaparral HOA, stated the problem was the management firm that ran Palm Desert Mobile Estates. He thought they would have cleaned up the mess after he spoke to the Council about it seven or eight months ago, but they didn't. He suggested the City place a different zoning on that particular area to require a conditional use permit. He said it would give City staff the handle they needed to keep them in line. He concluded by stating he was supportive of the idea of the tennis court fencing, because it was an instant solution to the problem and financially less expensive than the proposed planting of trees. Mr. Ortega stated the City asked the park owner to either remove their storage or obtain a permit from the City. If the park owner obtained a permit, it could be a way to put some conditions on them. Otherwise, the City will proceed under the Nuisance Hazard. He said staff wanted to get Palm Desert Mobile Estates involved in the solution. MS. GAYE AUTTERSON, member of the ROV Committee at Chaparral Country Club, stated the tennis court fencing at Chaparral was more than 20 years old; only the posts had been painted once, and the screening was in A+ condition, requiring zero maintenance. Responding to question about the legality of a chain link fence, Ms Aylaian responded the City did not permit chain link fencing with or without fabric for an extended period of time. She said it was typically seen around construction sites. Mayor Kelly asked what if someone applied for a Conditional Use Permit to put up a tennis court fence in a residential area. Ms. Aylaian responded it would need to go through a public hearing process, with approval of the Planning Commission under a Conditional Use Permit. Councilman Ferguson thanked the Chaparral Association for providing the Council an economical and common sense solution. He agreed trees were a nice alternative, but they would require time to grow, and maintenance was expensive. He thought trees were great for shade in parking lots, but to lighten the Whitewater Channel with $250,000 worth of trees seemed ridiculous. If the goal was to enhance the aesthetics and all parties were 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 willing to participate, it would be a win -win situation all the way around. He stated he would be agreeable to some planting around the fencing. Councilman Spiegel stated it was a terrific idea, and he liked the idea of some low maintenance plants that didn't grow too high, because trees would eventually block out the mountains and hide the view. Councilmember Finerty suggested amending the request to include the planting material suggested by Councilman Spiegel. She said the City's Landscape Manager could direct the appropriate drought -tolerant landscaping material to break up the look. Councilman Ferguson moved to, by Minute Motion, authorize staff to develop and refine the proposal for installation of chain link/tennis court -type -webbed fencing along the Whitewater Channel adjacent to Palm Desert Mobile Estates, along with appropriate, low - profile, drought -tolerant, low -maintenance plant material, all within a reasonable and agreed upon budget for the project that will be shared by the City of Palm Desert, Chaparral Country Club, Coachella Valley Water District, and Palm Desert Mobile Estates, said proposal to be returned to the City Council as quickly as possible for final approval. Motion was seconded by Finerty. Councilman Ferguson stated the request from the Mayor was to have staff look at it. He would like staff to look at it because he didn't want small plants to start creeping back up to a six figure ticket item. He said he would be happy with what staff proposed as long as it was kept within the $50,000 range. Mayor Pro Tem Benson agreed the $50,000 idea was a solution for the present time, but in a few years the screening will look worn out, and they'll want something else from the City. She didn't think the solution needed to be limited to the $50,000 but a combination of fencing and plants to get rid of the problem for good. Councilman Ferguson pointed out for every dollar spent by the City, three other parties' money would also be spent. He agreed to whatever was practical for all four parties. Responding to Mayor Kelly's comment about installing one -gallon plants for the proposed fence, Councilman Ferguson agreed, as long as it had a $3,000 price tag. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. Responding to question about the time line, Ms. Aylaian replied two weeks would be ambitious, and if Council wanted the proposal to go through the public hearing process with the Planning Commission, it may be November 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 or December. Upon further question, she believed the City Council could trump the Planning Commission and circumvent the process. Mr. Erwin requested that Council allow staff the opportunity to review the ordinances and find out what needed to be done to expedite the matter. Councilman Ferguson noted the Association, Palm Desert Mobile Estates, and CVWD all would have to meet and be conferred with. Mr. Erwin responded assuming everybody was in agreement, it would take two to three days for staff to know how long it would take. Responding to Councilmember Finerty's question about confirming the price of the fence and plants, Ms. Aylaian said it would take two weeks to confirm prices. Upon further question, she said it would take more than a month before it came back to Council for approval, if it went through the Planning Commission because of noticing requirements. Councilmembers agreed to allow staff to set it up and do it as quickly as possible. B. INFORMATIONAL REPORT ON SHOPPING CART RETRIEVAL IN THE CITY OF PALM DESERT. Councilman Spiegel moved to receive and file. Motion was seconded by Ferguson and carried by a 5-0 vote. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. C. REQUEST FOR DIRECTION RELATIVE TO DESIGN OF THE PALM DESERT AQUATIC COMPLEX. Following is a verbatim transcript for the discussion and testimony offered for Public Hearing Item C. Key RSK Richard S. Kelly, Mayor RAS Robert A. Spiegel, Councilman DB Daniel Barnes, Parks & Recreation Commissioner CLO Carlos L. Ortega, City Manager JMB Jean M. Benson, Mayor Pro Tem CF Cindy Finerty, Councilmember JF Jim Ferguson, Councilman RDK Rachelle D. Klassen, City Clerk 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 RSK The next item is...the blue, the blue sheet...pool design. Staff...before, maybe before staff makes their report, we have a blue card for request to speak. Should we do that first? RAS Sure. RSK Mr. Daniel Barnes. DB I will delay my...comments until after the Council decides what they want to do as far as the future. RSK Well, look, if your gonna' talk, you need to talk up here, because they record it. DB All right, sir. My name is Daniel Barnes, 41613 Aventine Court, Palm Desert. Mr. Mayor, Members of the Council. I will delay any comments I have about the pool project until after the Council decides where they're gonna' go with it. There's only one oth—there's only one question that I have...at our last... RSK You're only gonna' delay part of it, you're gonna' tell us part of it. DB Hum? RSK That's okay. DB At our last Parks & Recreation Commission meeting last week, there was something mentioned about a lazy river. Now, that was complete...based on the information we had gotten as to which direction the City Council was going with this, the lazy river was something that we...had never heard of before and we wond—, and I wondered particularly where it stands with the Council right now. Is it something your're considering or not? RSK Well we're...we're gonna' consider the pool design, that includes everything. DB Includes the lazy river, possibly? RSK Every possible thing. DB All right. So you read...you're gonna' read... RSK Well, when we'll get a staff report, we'll do that. DB All right. RSK We'll find out. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 DB Very good. Then I'll come back with my comments after I see which direction you're going. RSK Okay. DB Thank you. RSK I think we better have a staff report to start this one off. CLO Mr. Mayor, Members of City Council...this item came before you at your last meeting, and...based on the minutes...staff reads them...it was our position that we had been given pretty...a very good directive on where to go. However, since then I've had some questions as to what is it that staff is supposed to do before we spend some money to have a redesign. If you look at my memorandum, you will see what exactly, what the minutes reflect that Council ordered. So...before we: a) go and spend some more money and redesign; b) to go back to the College of the Desert with a new plan, in essence, a new agreement, I thought that... we should come back to the City Council and say, "Is that really what you intended?" Also...if that's not what you intended...I have also brought back for your consideration the project that was before you last year...whether you want to go back to that. But I think more importantly is, where do you want us to go? RSK Okay, I know everybody wants to speak. So I'll be sure to recognize everybody. Who wants to speak first? JMB Well, I'II start it out. I...I guess I feel about the pool the same way Dick Kelly felt about the bridge over Portola. We waited over 20-some years to get this, and when we found out that the pool at the College was no longer functional, and the facilities, that was our objective to replace that pool. And that's what I would like to see us do is replace the pool at the College...with a 25-foot or 25-yards, whatever it is, swimming pool, a tot swimming pool, and a seating area for parents to watch. And that's what we said we wanted, and that's what it started out to be, and every time you give it to somebody else, they add the bells and the whistles they want in it. And...as far as I'm concerned, the 25-yards is a replacement of the COD pool. I'm willing to look at the 50 if there's not a big difference in cost...in maintenance, and in putting it in to add that. That's not...not a total on the 25, but I don't think we need any modernistic diving boards, and we certainly don't need a lazy river. And we need a pool and a tot pool, and that's it. CF I concur with Councilmember Benson. I would be amenable to looking at the 25-yard or the 50-yard. We do have pricing on the 50-yard, but we don't have pricing on the 25-yard. So !don't —it's probably not gonna' be cut in half, and I don't know if staff has pricing on the 25-yard available. And then, what would the ongoing maintenance be? We know for the 50-yard, it's $1.1 million. What would the ongoing maintenance be? And, is there that much savings in the initial capital cost 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 and maintenance to justify...doing 25-yards instead of 50? And I'm gonna' go down and still say I'm opposed to a lazy river or any kind of recreational amenity. RSK You're in favor of either, a 25-yard competitive pool or 50-yard, depending on the cost? CF Yeah. RSK Actually, they could bring both costs back, and staff could —I mean the Council then could make...this is the one I want to take. CF Exactly, 'cuz if there's not that big of a difference, I could be swayed to the 50. If there's a big difference, I could be swayed to the 25. RSK Okay, okay. JF I also agree with Mayor Pro Tem Benson. We did start out wanting to replace something that got taken out of COD, but I want to be clear about what it was that was taken out of COD, and that is a 25-yard pool and a diving well, with a three -meter board, and a one -meter board, which is not a bell or a whistle. It's a competitive board that was there —like one was named after Carlos Ortega and the other one was named after Ray Diaz. So if were gonna' replace what we had, I'm all for it. If were gonna' take a look at a 50-meter as opposed to a 25-yard, and the cost isn't all that different, you know, we can make that up when we get the information back. But, I've always thought that the big, big decision is, are we gonna' have a pool for recreation, or are we gonna' have a pool for competition? If we're replacing what COD had, it was a pool and diving well for competition; I'd certainly be in favor at looking at that. And if 50-meters seems like too much for that little piece of land, then okay, let's take a look at 25-yards. It doesn't matter to me. RSK Councilman Spiegel. RAS I gotta' disagree with you. The COD pool was never really used for competition. JF No, no, I said it was a competition pool, not what it was used for. RAS But it wasn't a competition pool. JF They don't even have a swim team. RAS That's right, they don't have a swim team. But, it was never a competition pool. They couldn't put the blocks...to use it to... to start swimming. So...everybody was happy with that pool. The kids used it when they went to camp, and...we were happy with it because COD paid for it. But...now all of a sudden...we're committed to having a pool in the City of Palm Desert. The reason the lazy river was brought 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 forward by staff was staff was trying to look at a way to minimize the cost of running the pool. Any amenities that you add to a pool would bring more people to it. The more people that come, the less it's gonna' cost to maintain it. Those amenities aren't gonna' fly, and I know that. A 25-meter pool, plus a pool for children to swim in, to go to camp, and maybe learn how to swim, plus an area for parents to see their kids, to sit and have something from the concession stands, in my opinion, is the best way to go. It's gonna' cost us money to operate it, but we're committed to a pool, and I think we should be. The City of Palm Desert ought to have a pool. So that's my comment. RSK Okay. I'm very much in favor...of a 25-yard competitive pool because that's what they have at the high school. It works very well for swimming competition and water polo. And I, I'd rather see —rather than the expense of going to a 50-yard pool...l'd rather see a children's pool where kids can learn to swim and parents can have a place there to...watch...watch after. So my druthers would be a 25-yard competitive pool, which could be used for both competition and water polo, and a small three-footer, whatever it is, pool...where smaller children can learn to swim, and their parents can keep an eye on them. JMB Well, can we direct staff to come back with the figures for both, and then make up our mind whether —which it is... RSK We can do that... JMB ...I think we're in agreement with what we want, but it's the cost figure so... RSK Are you talking about including the children's pool also, with a combination of one or other of.... JMB Right. RAS Having two pools. RSK In other words, the motion you're thinking about would be that staff come back with a cost of installing and maintaining a 25-yard competitive pool vs. 50-yard competitive pool, and a children's pool beside it? CF Correct. RSK Is that your motion? JMB Right. And with whatever diving is necessary on the pool, not the high structured. They didn't have great big structures at COD, but they had diving boards, and that's fine. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 JF Correct. Just a clarification, so that our minutes don't get too jumbled. Twenty-five yards is the regulation distance for high schools, 50-meters is the regulation distance for colleges. RSK And Olympics? JF Right. Exactly. So... RSK I'm well aware of that. JF Well no I —we keep saying 50-yards, and I just wanted to make the record clear that Councilman Spiegel's... RSK Our, our...our swim teams, that I think we need to serve, most all our competition is 25-yard pool. JF So is that a motion? RSK That was a motion. JF I'll second it. RAS All right. They're gonna' come back to us with? RSK Now...l'm gonna' restate the motion, and...let's make sure that Council all agrees and staff understands it. That is, staff is gonna' come back with the cost of installing and maintaining a 25-yard competition pool, and a 50-yard competition pool. JF Fifty meter. RSK Meter. Excuse me. Fifty, 25 meter, 50 meter. Also, a small pool for children and a pool that would include...like the three...one-meter board and a three -meter board. That's what those average, almost all —everybody had. JMB And the rec—a rec area around... RSK And a recreation area there, where parents can keep an eye on their kids, even though there is a lifeguard. Is that...does staff feel that... that... is understandable? RDK Yes, I can write it down. Does staff understand what to do with it once they get it written down? CLO We understood it pretty well last time. RDK Good. (Laughter) 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 JF That's why it got...brought back... RSK Be diplomatic...be diplomatic, we're making some headway here. Don't start screwing it up. (Laughter) Is Council all agreeable? (All Councilmembers responded yes) Please vote. RDK Motion carries, unanimous vote. RSK Is that okay with you Dan Barnes? Say yes. DB Do you want me to come up again? RSK Well? DB I have a meeting with the City Manager tomorrow with regards to this issue. And I gotta' tell you, I'm very disappointed. I don't think this Council has done their homework on this issue. I've been on this —I've been on the Parks & Recreation Commission for 20 years, and I've been involved with this thing since 1987, which is when we first decided we wanted a pool here. And I gotta' tell you, we're no further advanced now then we were in 1987. RSK Thank you. Okay. Very good, I think we made a lot of headway there. For purposes of clarification, the motion was,: Mayor Pro Tem Benson moved to, by Minute Motion, direct staff to return to the City Council with an Aquatic Center Complex proposal that includes only the cost for installing and maintaining: 1) A choice between a 25-yard or a 50-meter competition -size pool; 2) attendant diving boards in the sizes of 1-meter and 3-meter for the competition -size pool; 3) a small children's pool that will accommodate swimming lessons and related recreational activities, including a seating area for parents. Motion was seconded by Ferguson and carried by a 5-0 vote. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DENIAL OF AN AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 TO ALLOW THE DIVISION OF HOMES FROM FOUR (4) TO 12 FRACTIONAL INTERESTS WITHIN THE STONE EAGLE PROJECT, WEST OF HIGHWAY 74 AT HOMESTEAD ROAD — APPLICATION HAS SINCE BEEN REVISED TO NINE (9) FRACTIONAL INTERESTS ON A MAXIMUM 20 UNITS Case No. DA 02-01 Amendment #1 (Eagle 6.5 LLC, Applicant/Appellant) (Re -advertised for the meeting of September 27, 2007). Responding to question, Ms. Aylaian confirmed this item was a second reading, but due to issues with the legal notice, a public hearing was scheduled. Although the City Attorney said it was not necessary, in the interest of an excess of caution, staff recommended the public hearing be opened. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MR. TIM BARTLETT, Salt Cedar Street, Palm Desert, CA, stated he's lived at this address for the past 19 years. During that time, he's worked hard to plan and save to be able to retire to his dream house but felt he's been prohibited from doing that because of environmental concerns. He noted he had sent a letter to the Council as a preface to the last City Council Meeting relating to the environmental concerns. He said the Council was responsible for the health, safety, and welfare of the citizens of Palm Desert and thought his letter at least deserved a response. He said what the Council was doing was granting the developer every concession he's asked for. He said the developer violated his own Environmental Impact Report (EIR) on numerous occasions, and the Council had also violated it's own City's Municipal Code on various circumstances, including the most recent approval, because it wasn't allowed in that zoning. He said the City needed the Council's influence to make the developer perform. Instead, he's seen continuous concessions granted to the developer with no measure of performance, with the exception of the meeting of September 22, 2005. At that meeting, this actual Tract Map was being considered, and the Council proposed delaying action based on the developer's noncompliance with one of the serious Environmental Impact Reports. In fact, the Council diligently ensured that the developer comply, and the developer made a statement that he would prior to Council voting on that amendment. He said he didn't know what else to say, other than ask why his concerns were invalid and why Council continued to give the developer concessions when he hadn't performed. Mayor Kelly responded the Council was not allowed to answer questions at this meeting, but acknowledged Mr. Bartlett's position. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1142, approving an amendment to the Stone Eagle Development Agreement, including a Negotiated Facilities Impact Fee similar to other timeshare projects within the City. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. B. CONSIDERATION OF RESCINDING ORDINANCE NO. 705 § 1 (PART) AND APPROVING A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE PALM DESERT MUNICIPAL CODE, REPLACING CHAPTER 10.50 - VALET PARKING TO CHANGE THE PROCEDURES FOR ISSUANCE OF VALET PARKING PERMITS AND TO REVISE THE PENALTIES FOR FAILURE TO COMPLY WITH REQUIREMENTS OF THE ORDINANCE (City of Palm Desert, Applicant). Councilmember Finerty stated in the original Ordinance, it stated the owner needed to set aside a certain amount of space for those who wanted to self -park when they also offered valet. She wondered what the reasoning was to require this change as opposed to allowing the business determine what was most appropriate. Ms. Aylaian responded it was a long-standing policy of the City to not require people to have to pay for parking, despite the fact there may not be a charge for valet parking, a tip was generally associated with it. The desire is to provide spaces for self -parking. The Planning Commission was explicit in their recommendation and wanted to make sure there was no diminution of the self-parkers and their rights to self -park. The Commission wanted to ensure the closest spaces would be available to self-parkers and that they would not be discouraged in doing the same. Mayor Kelly stated he was a Councilmember when the City had this situation where the main idea was to protect the public from valet parkers blocking off an area. It's first come, first served. If the valet service actually had the cars to park, that was one thing, but they blocked off areas so they could have parking close, and it was stopped. Councilman Spiegel stated the McCallum Theatre was allowed to do it because they are not on City land. He wondered if the issue had come up with the Polo Ralph Lauren store. Ms. Aylaian responded they've had some introductory discussions with the Public Works and Planning Departments. They are interested in providing valet parking as an amenity or as a VIP service for their shoppers; they have also expressed interest in charging for those valet services. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 Councilman Spiegel stated if this Ordinance passed, they wouldn't be able to do that. Ms. Aylaian agreed. Mayor Kelly said a business owner could apply for a variance, but in this case, it was related to space, and it was the City that determined that. This item dealt with dropping the car off at the curb and parking the car somewhere else, but the business owner would need a permit to dedicate the curb for valet parking drop off. Mayor Pro Tem Benson asked if any new restaurant or anything new coming in would have to apply for a new permit. Ms. Aylaian said it would. Councilmember Finerty asked about the existing restaurants. Ms. Aylaian responded anyone who wished to have a valet parking service needed a permit. She said there were currently 12 permits active at this time. Mayor Kelly said the main change was the City would have a way to issue a citation, avoiding a complicated process. He said it used to be impossible to do that. Ms. Aylaian agreed, stating the change was exclusively to the enforcement. Mayor Kelly stated the rest of the Ordinance remained the same. He said at one time they had no control on a situation, and it took six months to do something about it. Approval of the Ordinance would allow the City to actually issue a citation and fine the offender. Councilmember Finerty asked the City Attorney if an offender had a right to be heard, once a citation was issued with the suggested fines through the fourth offense, or just be slapped with the offense and fined. Mr. Erwin responded the offender had the right to be heard. Councilmember Finerty asked in front of what body would the offender be heard. Mr. Erwin replied the City's not necessarily provided that, and typically a hearing officer would be provided, someone independent. Upon further question, he said not necessarily independent from the City. Ms. Aylaian added that in Chapter 10.50.045, Appeals section of the subject Ordinance, it states Appeals go to the "City Manager or his designee." 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 Mr. Erwin stated it would be his recommendation that a hearing officer be appointed, so that it was someone independent from the City. Councilmember Finerty stated she also read Chapter 10.50.045, and the last sentence of that section stated "the determination of the Planning Commission shall be final. " Ms. Aylaian responded it went to the City Manager and his/her designee, then to the Planning Commission, if the City Manager's decision was appealed. Councilman Spiegel stated Mallards (formerly Palomino) who's moved out, had valet parking. They took some spaces behind the restaurant and sectioned it off so that no one could park there. He asked if that would be illegal now. Ms. Aylaian responded a restaurant or business with a valet operation can still cone off or section off a portion of the parking lot, and their permit will show exactly what portion they can use for their operations. Upon further question, she replied a permit was required. Councilmember Speigel asked how all the restaurants were going to be notified. Mr. Ortega stated that Mallards' permit was specific to an agreement with the Redevelopment Agency. It was private property that was transferred to the Agency, which the City improved with a specific agreement for the spaces they controlled versus those that were to be public. Ms. Aylaian added that generally, even if the business was on private property, the business owner still needed to apply for a Valet Parking Permit, and the conditions for that will spell out what portion of the parking lot can be used. Councilman Speigel requested that Economic Development Manager Ruth Ann Moore have a good understanding of the Ordianance, so that she can be able to explain what business owners could or couldn't do when it related to valet parking. Ms. Moore responded she had not had an opportunity to review the new Valet Parking Ordinance, but would, and would also review it with all the businesses. She agreed to report to Council if there was a problem. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 Councilman Spiegel moved to waive further reading and pass Ordinance No. 1143 to second reading, rescinding Ordinance No. 705 § 1 (Part) and approving a Notice of Exemption and an amendment to Title 10 (Vehicles and Traffic) of the Palm Desert Municipal Code, replacing Chapter 10.50 - Valet Parking to change the procedures for issuance of valet parking permits and to revise the penalties for failure to comply with requirements of the Ordinance. Motion was seconded by Kelly and carried by a 3-1 vote, with Finerty voting NO, and Ferguson ABSENT. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. C. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A NEW, 88-ROOM HOTEL AND RESTAURANT PAD, INCLUDING A HEIGHT EXCEPTION TO ALLOW A MAXIMUM HEIGHT OF 52 FEET AT 75-144 GERALD FORD DRIVE Case Nos. PP 06-18 / CUP 06-15 (Patrick Yang, JWDA Architecture, Applicant). Ms. Aylaian stated this item was erroneously advertised in the newspaper as a public hearing item for this evening, and because it was advertised, it was then added to the Agenda. Staff recommended continuing to the next meeting and holding the public hearing at that time. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this case. No testimony was offered. Councilmember Finerty moved to, by Minute Motion, continue the public hearing to the meeting of October 11, 2007. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Bermuda Dunes Annexation Feasibility Study — Mr. Ortega recalled for the City Council that when it was last discussed, staff was directed to obtain another feasibility study on whether or not the City would either like to annex Bermuda Dunes or let the Local Agency Formation Commission (LAFCO) know it could be removed from Palm Desert's sphere of influence. The latest Study was just received from the City's consultant. However, after the City asked about obtaining more time in order to thoroughly review this information, LAFCO has indicated that it could not allow any further time extensions for the matter before it renders a decision, scheduled for its meeting of October 25. Therefore, staff will provide this item at the next City Council Meeting on October 11, which will not offer much 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 time for the City to consider all the information before it has to provide an answer. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Golf Cart Parade — Councilman Spiegel stated the City would have 10 box seats for the upcoming Golf Cart Parade on October 28. He said if his colleagues wished to sit in the box seats, they should let the City Council's Secretary know, or if they wished to ride in the Hummer golf cart instead, to let her know that as well. Mayor Pro Tem Benson and Councilmember Finerty indicated they would ride in the Hummer, with Mayor Kelly driving. Councilman Spiegel indicated he would utilize one of the box seats. 2. El Paseo Speed — Councilman Spiegel noted there was a letter to the editor in today's Desert Sun about drivers who make a right-hand turn off of Highway 111 onto El Paseo and don't slow down. The speed limit on the Highway at that point is 45 miles per hour, on El Paseo it's 25 miles per hour, but there were no signs there. He asked staff to look into this issue and install the appropriate speed limit sign. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 o City Council Committee Reports: None o City Council Comments: 1. Mayor's Challenae Golf Tournament — Mayor Kelly reported that on Sunday, September 23, the inaugural Mayor's Challenge was conducted by the City's Youth Committee. He said it was very successful, profitable, and the Committee Members did a nice job. 2. "Set To Save" Meetina with City HOAs — Mayor Kelly commented that since the last Council Meeting, he'd met with representatives of Homeowners' Associations throughout Palm Desert to give them a presentation on the City's "Set To Save" Energy Program. He said it was well attended and generated good interest, with the HOAs coming up with some additional ideas to be utilized with the Program. 3. Annual Committee/Commission Appreciation Brunch - Mayor Kelly reminded his colleagues that the Annual Brunch was coming up on Sunday, October 7, 11:30 a.m. at Desert Willow, and he hoped everyone would be there a little bit early in order to greet all the guests. XIX. ADJOURNMENT With City Council concurrence, Mayor Kelly adjourned the meeting at 5:40 p.m. ATTEST: RA HE E D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA HAR I S. KELLY, M OR 31