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HomeMy WebLinkAbout2009-09-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 10, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Jim Ferguson Mayor Pro Tem Cindy Finerty Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment & Housing Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development 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 Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 628-200-034, 628-200-035 Negotiating Parties: Agency: John M. Wohlmuth/Ryan B. Stendell/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Richard H. Fromme Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager Upon a motion by Ferguson, second by Finerty, and 5-0 vote of the City Council/Agency Board, Mayor/Chairman Spiegel adjourned the meeting to Closed Session at 3:00 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin stated there were no technical reports but did ask the City Council to continue its discussion regarding the compensation of the City Manager, which could be done this evening toward the end of the meeting. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jean M. Benson VII. INVOCATION - Mayor Robert A. Spiegel 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 VIII. ORAL COMMUNICATIONS - B MR. PETER RITTENHOUSE, Executive Director of the Joslyn Senior Center, introduced Ms. Pamela Plick as the newest representative to the Board. He said Pamela attended her first Board meeting and already took on a committee assignment. He was thrilled to have someone with her financial background and expertise. MS. PAMELA PLICK expressed her appreciation for the appointment and stated she was honored to be able to serve. She said she believed in what the Joslyn Senior Center did and looked forward to using her expertise and resources to help the Center and community. Mayor Spiegel welcomed Ms. Plick and stated that if she encountered any problems to please call upon any of the Councilmembers and they would be happy to assist. MR. HENRY F. HOYLE, Palm Greens Parkways, Palm Desert, CA, requested that the Council consider building a monument in honor of the 9/11 victims and troops lost in the last couple of years. He pointed out that he had made the same appeal to the Council in October 2001. He said the Federal Government made the recommendation that September 11 be made a day of "Public Service." However, cities throughout America were not being allowed to construct monuments, but if Palm Desert came to the decision that it would, other cities were having girders removed from the East and trucked all over the Country at their own expense to create a monument. However, he didn't think girders should be used and thought a local artist could construct a monument that would be more striking or inspirationalthan a bunch of girders. Mayor Spiegel pointed out the City of Palm Desert was holding a concert at the Civic Center Park to mark the 9/11 Anniversary on Friday, September 11, 2009. He said the event was being presented by the Palm Desert Sister Cities Foundation. MR. BOB OKREN, Virginia Avenue, Palm Desert, CA, stated he and his wife Renee lived on the westside of the third fairway at Palm Desert Country Club (PDCC). Since buying their home there, they have been victimized by a crime at the property on five separate occasions. It was with great concern that they learned that their backyard (PDCC) could soon become tumbleweed. He said they had always enjoyed the amenities offered by the Club, including good breakfast, lunch, and many rounds of golf, and found the Club to be a good neighbor that took good care of its property. He said this situation was an embarrassment in a City whose Mission included providing exemplary and sustainable services. He has spent thousands of 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 dollars in renovating their property to make it attractive and comfortable, because they understood the responsibility to their neighbors, including PDCC to maintain the property in accordance with good taste and the Ordinances of the City of Palm Desert. When they first moved into their property, they were busy installing a new roof, windows, doors, flooring, etc., that their grass got a little brown. Code Enforcement notified them they had to return the lawn to a more vigorous state, which they did, and he expected the same from its residential and commercial neighbors. However, the owners/operators of the PDCC believe they can let the course dry up and blow away. It was unfortunate that the LLC was having financial difficulties; however, he expected the City, City Attorney, Code Enforcement, and City Council, in particular, to ensure that the LLC is held to the same standard as residential property owners as it related to property appearance and maintenance to avoid having it become an eyesore. He said the City and PDCC cannot allow the Club to become a place where petty thieves and other criminals gather to commit crimes. He e-mailed the City Manager asking him what the City intended to do to hold the operators of PDCC for the upkeep of the place. The City Manager's response was that the City was working with its attorney's to enforce an existing Maintenance Agreement with PDCC, LLC to help protect the public health and safety, as well as the property. He said the City Manager told him that if he had specific concerns about the Club that he should contact Code Enforcement. He asked the City Manager for a copy of the subject Maintenance Agreement, but the response was that he wasn't privy to it. He informed the City Manager that the grass at PDCC was already overgrown with dead grass, dead tree limbs, and beginning to look like it did five years ago. The City Manager referred him to Code Enforcement for those issues, and that the concerns would also be forwarded to Senior Management Analyst Catherine Walker who was involved with this matter. He also recommended that he contact Director of Planning Laurie Aylaian. He was extremely concerned with what wa"s happening and further concerned that the PDCC, LLC was not being held to the same standard that every John and Jane Doe in the City was held too when it came to the simple maintenance and upkeep of the property. Mayor Spiegel stated the Council normally didn't respond to comments under Oral Communications, but because they had asked RDA Counsel to be present this evening, he would ask him to provide a brief summary of what the City's plans were with regard to Palm Desert County Club. Mr. Erwin requested Council consider adding such update to the Agenda. Upon a motion by Ferguson, second by Finerty, and 5-0 vote of the City Council, Palm Desert Country Club Update was added to the Agenda. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 MR. STEVEN R. ORR, Attorney with Richards, Watson & Gershon, stated the City had a number of remedial options with regard to property maintenance, in particular Palm Desert Municipal Code, Chapter 8.20 and 8.70, which addressed Public Nuisance and Property Maintenance. He said it was within the City's power, in terms of code enforcement, to ensure that the properties are kept in a way not to constitute a public nuisance, which would include mowing the lawn to not harbor ferment or pose a fire hazard, as well as maintaining the ponds. The Code clearly provides for the City to enforce its rules such as that the lawn didn't become stagnant, odorous, or harboring mosquitoes in terms of breeding. The City can also compel the securing of the maintenance yard and equipment, such that people wouldn't get to it, drive around the equipment, or expose themselves to poisons or fertilizers. The Code also provides ample provisions to prevent traffic nuisances from existing on the property. He said PDCC, LLC was in bankruptcy, which was an added layer of complexity, but fundamentally the City had broad remedial options in terms of code enforcement. He said the firm was working with staff to ensure that the property was maintained in conformity with the Code. Responding to question, John Wohlmuth stated he directed Code Enforcement staff to conduct weekly rounds at Palm Desert Country Club and to log their findings, as well as any other process if there are corrections to be made. He said the City had a Maintenance Agreement with Palm Desert Country Club, LLC that Redevelopment Agency was handling as well. Mayor Spiegel stated the City was doing what it could to maintain the facilities, but it may not be to the standard desired by the resident, but perhaps better than what it was today. He thanked Mr. Okren far his comments. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 2009 AS "ENERGY EFFICIENCY AWARENESS MONTH" IN THE CITY OF PALM DESERT. Mayor Spiegel presented the proclamation plaque to Ms. Christine Stone with Valley Partnership and declared the month of September 2009 as "Energy Efficiency Awareness Month." X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 27, 2009. Rec: Approve as presented. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY, - Warrant Nos. 46, 53, 54, 58, 59, 60, and 61. Rec: Approve as presented. C. LANDSCAPE BEAUTIFICATION COMMITTEE MINUTES. for the Meeting of May 20, 2009. Rec: Receive and file. D. LETTER OF RESIGNATION. from Susy McMillen - Citizens' Advisory Committee for Project Area No. 4. Rec: Receive with very sincere regret. E. REQUEST FOR AUTHORIZATION. for the City Manager to Review, Approve, and Execute a Temporary Use Permit for a Certified Farmers Market at Entrada del Paseo. Rec: By Minute Motion, authorize the City Manager to review and approve a Temporary Use Permit for a Certified Farmers Market as the property owner for Entrada del Paseo. F. REQUEST FOR AUTHORIZATION, to Advertise and Call for Bids for a 2010 Toyota Prius Hybrid Replacement Vehicle. 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 AUTHORIZATION, to Release the Improvement Security for Waring Medical and Professional Plaza (Parcel Map No. 29888) (Choice Enterprise Real Estate & Investment Co., Inc., Applicant). Rec: By Minute Motion, authorize release of the improvement security for Waring Medical and Professional Plaza (PM 29888). 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 H. REQUEST FOR WAIVER of Fees Associated with the Leadership Coachella Valley Class on "Government, Judicial Process, and Law Enforcement" to be Held in the Civic Center Council Chamber on October 16, 2009 (Leadership Coachella Valley, Applicant). Rec: By Minute Motion, waive fees associated with the Leadership Coachella Valley Class "Government, Judicial Process, and Law Enforcement" to be held on October 16, 2009, between 8:00 a.m. and 4:30 p.m. in the Council Chamber of the Palm Desert Civic Center. Mayor Pro Tem Finerty requested Item F be removed for separate action under Section XI, Consent Items Held Over. Upon a motion by Finerty, second by Ferguson, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. Xl. CONSENT ITEMS HELD OVER F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for a 2010 Toyota Prius Hybrid Replacement Vehicle. Mayor Spiegel stated staff was requesting that the City purchase a new hybrid vehicle to replace the one that was totaled. He said the Visitor Center had two hybrid vehicles that didn't seem to be utilized and asked if it was possible to use one of them instead. Mr. Greenwood responded the Visitor Center had two CNG Honda's, but one of them had reached its full fleet used, so there was actually one Honda available. Responding to question, Visitor Information Center Manager Donna Gomez agreed to release the vehicle to the Public Works Department. Mayor Spiegel moved to, by Minute Motion, deny staff's recommendation. Motion was seconded by Finerty and carried by a 5-0 vote. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 For Adoption: A. ORDINANCE NO. 1190 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT, UPDATING AND REVISING PALM DESERT MUNICIPAL CODE SECTION 25.68 - SIGNS Case No. ZOA 09-104 (City of Palm Desert, Applicant). Mayor Pro Tem Finerty moved to waive further reading and adopt Ordinance No. 1190. Motion was seconded by Benson and carried by a 3-1-1- vote, with Kelly voting NO and Ferguson ABSTAINING. XIV. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS, AUTHORIZING FISCAL YEAR 2009-2010 BUDGET AMENDMENT TO PROVIDE TRANSFER AND APPROPRIATION OF UNOBLIGATED FUNDS FROM THE GENERAL FUND TO THE REDEVELOPMENT AGENCY AND TO AMEND THE SALARY TABLE TO REFLECT CHANGES RESULTING FROM THE RECENT REORGANIZATION (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilman/Member Ferguson stated he was unclear on whether the City was projecting a surplus or deficit and asked for a brief explanation. Mr. Gibson stated Council/Agency action would reduce the appropriations because of the decreases in budget. The City previously had a $24,000 surplus between revenues and expenses, but with the adjustments, the projection was a surplus of $757,286. - Mayor Pro Tem/Vice Chairman Finerty moved to waive further reading and adopt: 1) City Council Resolution No. 09-65, amending the FY 2009-2010 Budget to provide transfer, appropriation, and estimated revenues of unobligated funds from the General Fund; 2) Redevelopment Agency Resolution No. 563, amending the FY 2009-2010 Budget to provide transfer, appropriation, and estimated revenues of the Unobligated Funds to the Redevelopment Agency; 3) City Council Resolution No. 09-66, amending the Salary Table to reflect changes resulting from the recent reorganization. Responding to question about the decrease in health premiums, Mr. Gibson said the Public Employees Retirement System (PERS) notified the City/Agency that it had a surplus for the months of November and December; therefore, it would be lowering the premiums for all cities and counties that participated in PERS by that amount. Councilman/Member Ferguson seconded the motion, and it carried by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 B. REQUEST FOR APPROVAL OF A FIRST AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT (CONTRACT NO. C27931). Councilman Ferguson moved to, by Minute Motion, approve the First Amendment to the Agreement for Law Enforcement Services Between the County of Riverside and the City of Palm Desert, memorializing the FY 2009-2010 Palm Desert Police Department Budget. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF A VEHICLE IMPOUND PROGRAM AND ESTABLISHING THE AMOUNT OF THE VEHICLE IMPOUND COST RECOVERY FEE. Responding to question, Mayor Pro Tem Finerty stated that originally the Public Safety Commission (PSC) didn't have a number to start with, but at the June meeting a $117 fee was suggested. However, the Commission decided to research a solid number that would reflect the projected cost of living increases. The Commission returned with a new figure of $140 per vehicle, and based on that she would move to approve. Mayor Pro Tem Finerty moved to waive further reading and: 1) Pass Ordinance No. 1195 to second reading, adding Chapter 10.25 - Palm Desert Vehicle Impound Program to the Palm Desert Municipal Code; 2) adopt Resolution No. 09-67, establishing the amount of the Vehicle Impound Cost Recovery Fee pursuant to Chapter 10.25 of the Palm Desert Municipal Code. Chief Shouse stated the PSC felt that maybe the City was missing some fees and City Departments were asked to review how this program might affect them. The Finance Department said the implementation of this program would require man-hours, which have been built-in to the increase. Councilman Ferguson asked what actual burden was sustained by the City by having a third party, private -tow operator, to remove a vehicle from the street to store in their impound yard. Chief Shouse responded the City paid for Police to stand by these nuisance vehicles and abate them from the roadways. He said numerous man-hours are spent by having a Deputy, County Sheriff Officer, or Community Service Officer present when vehicles are towed. Councilman Ferguson stated the staff report indicated San Jacinto Police Department had a $100 rate to impound a vehicle versus $500 for a Driving Under the Influence (DUI) recovery. He questioned if the City was substituting its place for the judiciary in punishing people as opposed to just setting a fee to offset administrative expenses. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 Chief Shouse explained the San Jacinto DUI fee was authorized by a separate statute than the one for Vehicle Impound Cost Recovery (VICR) fees. The intent of the State Legislature was to provide municipalities with an opportunity to recover cost incurred in getting vehicles off the roadway and not meant as a punishment. Further responding, he said the DUI fee was mainly attached to the overall expense typical of investigating a DUI collision where police, fire, and other government agencies and personnel can be involved. The statute for DUI collision allowed for the recovery of up to $12,000 in fees; however, the Council was only taking action on the VICR fee portion. Motion was seconded by Kelly and it carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT FOR DESIGN SERVICES FOR THE FREE RIGHT -TURN LANE AT FRED WARING DRIVE AND HIGHWAY 111 TO VA CONSULTING, INC., IN THE AMOUNT OF $46,879 (CONTRACT NO. C28800C). Councilmember Benson moved to, by Minute Motion: 1) Award the subject contract for design services for the free right -turn lane at Fred Waring Drive and Highway 111 to VA Consulting, Inc., Palm Desert, California, in the amount of $46,879; 2) authorize the Mayor to execute same — funds are available in Account No. 213-4384-433-4001 - Right - turn Lane - Fred Waring to Highway 111 - no General Fund money is being used for this expenditure. Motion was seconded by Ferguson and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF CONTRACT WITH FURINO GREENE, INC., FOR ADVERTISING SERVICES FOR THE EL PASEO BUSINESS IMPROVEMENT DISTRICT (CONTRACT NO. C29210). Councilman Kelly moved to, by Minute Motion: 1) Approve the subject contract with Furino Greene, Creative, Inc., Palm Desert, California, from September 2009 through June 2010 in the amount of $35,000 for advertising consulting services for the El Paseo Business Improvement District; 2) authorize reimbursement to Furino Greene Creative, Inc., in an amount not to exceed $165,000 for advertising production; 3) authorize the City Manager to finalize and the Mayor to execute said contract — funds are available in Account No. 271-4491-464-3215. Motion was seconded by Benson. Responding to question, Economic Development Manager Ruth Ann Moore confirmed the advertising service will be funded with Business Improvement District monies. Further responding, she said Furino Greene was contracted last year as well. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 F. REQUEST FOR AUTHORIZATION FOR STAFF TO DEVELOP AND IMPLEMENT A JOINT LANDSCAPE RETROFIT PROGRAM WITH THE COACHELLA VALLEY WATER DISTRICT (CVWD). Landscape Manager Spencer Knight stated the staff report contained the general concept of the proposed Landscape Retrofit Program. He noted that since the Landscape Beautification Committee Meeting in August, he's had 30 inquiries from both homeowners and Homeowners Association's (HOA). He said the retrofit program was very popular with the residents. Mayor Spiegel asked staff to explain the program. Mr. Knight stated the retrofit was a three -phased program that gave homeowners an opportunity to make a conversion in their front yards from turf to desert landscaping. It was basically a turf buyback program, and the proposed levels are $2.00 a square foot and up to $2,000, which was about 1,000 square feet of turf removal. The program has a component for HOA's that is limited to parkways for turf removal, and this component has two options. If the HOA wanted to keep the turf, it can opt to move the turf back from the curb and keep the runoff water off the street and convert to more efficient sprinklers, or participate in full -lawn landscape retrofit, which had different levels of compensation. Councilman Kelly moved to, by Minute Motion: 1) Authorize staff to develop and implement a Joint Landscape Retrofit Program with CVWD; 2) authorize the City Manager to execute an agreement with CVWD for co-sponsorship of the program (Contract No. C29220); 3) authorize the Director of Finance to appropriate $110,000 from Unobligated General Funds to Account No. 110-4614-453-3915 - Special Programs -Water. Conservation for this purpose. Motion was seconded by Finerty and carried by a 5-0-vote. XV. _ CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION FOR STAFF TO PURCHASE REPLACEMENT CHINA AND SERVICEWARE FOR DESERT WILLOW GOLF RESORT (Continued from the meetings of June 25 and August 27, 2009). Mayor Pro Tem Finerty stated that based on conversations with staff, this item went out to bid, but they weren't in yet. She asked that Council consider continuing this item until all the bids were in and review at that time. Councilman Ferguson moved to continue this item to the meeting of September 10, 2009. Motion was seconded by Benson and carried by a 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 TO CONTRACT NO. C27950 WITH KIMLEY-HORN AND ASSOCIATES, INC. -- ENGINEERING SERVICES FOR INTERSECTION IMPROVEMENTS AT FRANK SINATRA DRIVE AND PORTOLA AVENUE. Councilmember Benson moved to, by Minute Motion: 1) Approve Amendment No. 2 in the amount of $76,000 to the subject contract with Kimley-Horn and Associates, Inc., Riverside, California, for additional engineering services; 2) authorize the Mayor to execute the amendment — funds are available in the following Accounts: $45,600 from No. 213-4548-433-4001 - Measure A; $22,800 from No. 232-4548-433-4001 - Drainage Fees; and $7,600 from No. 234-4548-422-4001 - Traffic Signal Fees. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. B. REQUEST FOR APPROVAL OF AMENDED 2009 "MUSIC & MOVIE MADNESS" SERIES SCHEDULE AND APPROVAL OF CLUB MICHOACANO CULTURAL EVENT AT THE CIVIC CENTER PARK. Mayor Spiegel noted this was an addendum item added to the Agenda. Councilman Ferguson moved to, by Minute Motion: 1) Approve the amended schedule for the 2009 "Music & Movie Madness" Series, as shown on the accompanying staff report; 2) approve a performance and cultural event by Club Michoacano; 3).waive fees and staff costs for the event; 4) approve placement of a copper plaque presented by Cub Michoacano in the Civic Center Amphitheater in honor of Carlos Ortega. Motion was seconded by Kelly. Mayor Spiegel stated a group from Michoacan, Mexico, was coming to Palm Desert to put on a concert on Friday, September 18, 2009, from 6:00 to 9:00 p.m. at the Civic Center Park. They will also be presenting Rosemary Ortega and Mayor Pro Tem Finerty with a plaque in honor of former City Manager Carlos Ortega. Ms. Klassen announced the motion carried on a 5-0 vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL. OF AMENDMENT TO RESOLUTION NO. 06-69 TO REMOVE DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING CONDITION NUMBER 11, REQUIRING THE THREE SERVICE BAY DOORS FACING CABRILLO AVENUE TO BE CLOSED AT ALL TIMES AND ONLY OPENED WHEN VEHICLES ARE EXITING THE FACILITY — PROPERTY LOCATED AT 74-180 HIGHWAY 111 Case No. PP/CUP 05-05 and VAR 05-04. Amendment #1 (Fastlane Oil Change / Chris Jones, Applicant) (Continued from the meeting of August 27, 2009). Principal Planner Tony Bagato stated this property was located on the corner of Cabrillo Avenue, Highway 111, and Alessandro Drive, with a frontage road between Highway 111 and the building. The building was reviewed and approved in 2006. The initial Applicant was Jiffy Lube who requested a variance based on the small size of the site, the surrounding three streets, provided the building included non -screening of the service bay doors. It was reviewed by the Planning Commission after being reviewed by the Architectural Review Commission (ARC) on six occasions to work out a design that staff would support for the request of the variance. The Application was approved on a 4-1 vote, with then Commissioner Finerty voting no. Later the project was called up by then Councilmember Buford Crites who requested a review of the matter. A condition was added to require Jiffy Lube to close the doors during regular business hours. Jiffy Lube build the building, but it never occupied it or opened up at this location. The building was left vacant for a while and then occupied by EZ-Lube, .which lasted eight months. The new Applicant, Fastlane Oil Change started operating and became aware of the condition to keep the service bay doors closed. They submitted a letter to staff requesting the condition be removed for unnecessary hardship, because the closed doors give the appearance the business is closed during regular hours, lack of air circulation, increase heat temperature, and exposure to the fumes from vehicles, which was causing problems with their employees. Staff believed the overall design supported the recessed doors away from the street as much as possible and recommended the condition be removed. He noted staff received a letter today in favor of removing the condition, stating the building had enhanced the corner, and if this business couldn't succeed with closed doors, they rather see the service doors open then a vacant building. Mayor Spiegel commented he knew Mr. Ryan Stendell was the resident that sent the letter. Mayor Spiegel declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 MS. KIM HOUSKEN, Palm Desert, CA, stated she's followed this matter for a long time and was concerned that initially staff went above and beyond the call of duty in making this building work on a very small lot, which she never thought was a good fit. The fact that it went through the ARC six times, combined with a request for two variances demonstrated that fact. She said to have a business on a corner lot was probably a positive thing, but it required a variance and the exception was granted with the idea that the service bay doors be closed. She was concerned on multiple levels because the Applicant came to the City after the fact and relaxing the standard would be a poor precedence to set, which would be allowing something not in the Code, thereby eroding the Code. She was also concerned with the claim of financial hardship, because she had never seen the bay doors closed. She said the building didn't have any type of permanent signage on the building, which could be due to the fact that the Sign Ordinance had been under review; however, the existing nine banners were unattractive. She said maybe having one nice sign would make people realize that the business was there. In addition, she was puzzled by the claim that the exhaust and heat would increase in the service center. She said the Union 76 gas station on Highway 111 has bays doors that one entered and backed out from, which was fairly common, so she didn't think that was a reasonable claim. In fact, one might not be aware of the bay doors because they are tucked around on the back side and backed into the parking lot. She guessed that even the old Texaco station that was previously there would have complied with the current Code. She said one would expect for things to become more strict, because it was built during the days of the County. She said this new building was given the Daylight Triangle Setback, which she didn't believe the Texaco station that was there for more than 50 years had issues, and it had two bay doors facing the eastside. She said if the Council relaxed the standard, it would be allowing something that didn't exist when the Texaco station was there. Lastly, it troubled her that at the past two City Council meetings, business owners have approached the Council claiming they didn't know their Conditional Use Permit (CUP) was revoked, claiming they weren't notified. And now the Applicant was claiming hardship and being unaware of the condition to have the service bay doors closed. She didn't know where the problem lied and at what point did the Council draw a line before it asked business owners to perform due diligence and find out what is required. She proposed that when one applied fora business license, that properties with CUP's be red -flagged, so that people are notified. She recommended the Applicant take the issues up with the lessee who should have informed the Applicant from the start. She asked the Council to reject the amendment to the resolution, just like it rejected the CUP at the last meeting. MR. CHRIS JONES, stated he represented RFG Oil for Fastlane Autocare located on Cabrillo Avenue. He said a large part of their business model was based on quick service. The vehicles entered through the rear of the 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 building and exited through the front because of the open pits in the floors. He said it was difficult to back vehicles out without the possibility of vehicles falling into the pit. He understood the condition was originally developed because someone felt it was not aesthetically pleasing. However, the business was not visible from Highway 111. He said the Applicant was willing to cooperate with the City and do what was necessary to make the building aesthetically pleasing. With no further testimony offered, Mayor Spiegel declared the public hearing closed. Councilman Ferguson stated he was not present for the earlier vote to require the bay doors to be closed. He felt this was similar to asking a business to operate but making them keep their lights out. He's never been to a Jiffy Lube where one didn't just pull in, received about five minutes of service, and then pulled out. He said he was a frequent customer at A's hardware and knew the type of tenants or lack of that were across the street and thought it provided a tremendous midtown opportunity for people to get their vehicles serviced. He personally worked in a gas station when he was in high school, and the comments about the fumes resonated with him. He would like to see the bay doors opened to know they were open for business, even if it was just to ask for direction or have his tires looked at. He felt the Applicant should be allowed to run as a business. He said he had an idea where this condition on the project originated, and he didn't care for it necessarily. Councilman Ferguson moved to, waive further reading and adopt Resolution No. 09-68, amending Resolution No. 06-69 by removing Department of Community Development/Planning Condition Number 11, which requires the three -service bay doors facing Cabrillo Avenue to be closed at all times and only opened when vehicles are -exiting the facility. Mayor Pro Tem Finerty stated she was a Planning Commissioner at the time when the project was presented. She voted no then and would vote against it again, because she still believed the site was too small for the project, which was why a variance was needed. She didn't think having service bay doors opened on Highway 111 was a good fit for a resort city. She had problems with the aesthetics and continued to have them today. Councilman Kelly stated he didn't believe the standard would be relaxed. He voted against having the service bay doors closed because they weren't facing Highway 111. He said when his vehicle is serviced at Jiffy Lube, he waits in his car behind the car in front of him, when they finish, the car in front pulls out and he pulls in. He couldn't see how vehicles backed out when there are three or four cars in the line up. He said an unsightly service station was there before, and this building was one of the nicer looking one's on Highway 111 and convenient for people to use. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 Councilmember Benson stated she drove by the building and the service bay doors didn't face Highway 111, they faced Cabrillo Avenue. She stopped at the stop light there and couldn't tell if the doors were open or shut. She said the Council should allow the business owner get on with his business. Councilman Kelly seconded the motion, and it carried by a 4-1 vote, with Finerty voting NO. XVIII. REPORTS AND REMARKS A. CITY MANAGER Upon a motion by Ferguson, second by Finerty, and 5-0 vote of the City Council, discussion of City Manager's Salary/Car Allowance was added to the Agenda. Councilman Ferguson stated that in conducting John Wohlmuth's review for the brief nine months that he's been with the City, the original contract was approved with a $500 stipend for his automobile. He said Mr. Wohlmuth on his own accord offered to give the stipend back to the City because he couldn't drive; however, his wife drove him to and from work. The City Council felt that he was entitled to the $500 stipend and unanimously voted to have an open discussion about it. He suggested reinstating the $500 car allowance by adding it to Mr. Wohlmuth's salary. Councilman Ferguson moved to, by Minute Motion, approve a $6,000 increase to City Manager John Wohlmuth's salary in lieu of a $500 monthly stipend for car allowance. Motion was seconded by Finerty and carried by a 5-0 vote. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2009 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: Coachella Valley Animal Campus - Councilmember Benson stated that at the CV Animal Campus meeting it was reported that their adoption numbers were up, which was a good thing. o City Council Comments: Americans with Disability Act (ADA) Compliance - Mayor Spiegel stated the newspaper reported that John's Restaurant was being sued for not being ADA compliant, and the issues had to do with door knobs and parking availability. City staff and the Palm Desert Chamber of Commerce put together a free ADA Compliance workshop to be held in City Hall on Wednesday, September 30, 2009, from 9:00 a.m. to noon; it is primarily for small businesses, but businesses of any size could attend. He said businesses that are not ADA Compliant in the State of California can be sued and they will lose, which meant they would be required to pay the Court fees as well. This was happening in a lot of cities, and it was beginning to happen in Palm Desert, which was why the City was offering this free informational workshop. XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 4:52 p.m. ATTEST: ELLE D.`kLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. 'L.IMAYOR 17