HomeMy WebLinkAbout2010-04-22MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, APRIL 22, 2010
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Finerty Convened the meeting at 3:02 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Cindy Finerty
Excused Absence:
Mayor Pro Tem Jim Ferguson
Also Present:
John M. Wohlmuth, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Justin McCarthy, ACM for Redevelopment
Rachelle D. Klassen, City Clerk
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Frankie Riddle, Director of Special Programs
Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
1) Property: APN 628-130-015
Negotiating Parties:
Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Barracuda, LLC
Under Negotiation: x Price x Terms of Payment
2) Property: APN 628-130-008
Negotiating Parties:
Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: David Nelson
Under Negotiation: x Price x Terms of Payment
3) Property: APNs 694-190-063 and -065
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Wilson & Johnson
Under Negotiation: x Price x Terms of Payment
4) Property: Lease Property - 73-470 El Paseo, Suite No. 13, Palm Desert
(APN 627-202-010)
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: El Paseo Square, LLC
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 Spiegel, second by Benson, and 4-0 vote of the City Council, with
Ferguson ABSENT, Mayor Finerty adjourned the meeting to Closed Session at 3:03 p.m.
She reconvened the meeting at 4:00 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
2
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Councilman Richard S. Kelly
VII. INVOCATION - Mayor Cindy Finerty
VIII. ORAL COMMUNICATIONS - B
None
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF
APRIL 2010 AS "CHILD ABUSE PREVENTION MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Finerty presented the proclamation to
Mr. Jim A. Powell, Mental Health Services Supervisor with the Substance
Abuse Program.
MR. JIM A. POWELL stated he was with Prevent Child Abuse Riverside
County a 501(c)(3) non-profit organization. He said they were certified by the
Riverside County Board of Supervisors each year to be the designated lead
agency coordinating the efforts of child abuse prevention. He noted that one
in four girls and one in six boys will be sexually abused by the age of 18.
Current statistics showed that one in five children on the Internet will be
sexually solicited. He encouraged families and parents to talk about the
issue, because child abuse was preventable. He provided a supply of
enamel pins, posters, and bookmarks and hoped people would display them
year-round to keep everyone aware.
B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF
MAY 2010 AS "MENTAL HEALTH MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Finerty presented the proclamation to
Mr. Mark Miller with the Desert Regional Mental Health Board.
MR. MARK MILLER stated he was previously a law enforcement
representative for the City of Indio, but now served on the Mental Health
Board. He said the board's goal was to remove the stigma attached to
people with mental illness, because the disease had no age or racial barriers
and it can strike across the board. He said raising awareness and helping
those who suffered with mental illness was one of the main goals. He
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
thanked the Council on behalf of the Desert Regional Mental Health Board
and accepted the Proclamation recognizing the month of May as Mental
Health Month in the City of Palm Desert.
C. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF
MAY 2010 AS "BUILDING SAFETY MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Finerty presented the proclamation to
Director of Building & Safety Russell Grance.
Mr. Grance thanked the City Council for affording the Department to
celebrate "Building Safety Month." He said it was the first time in 30 years
that a whole month was recognized instead of just one a week. He thanked
the Council for affording staff to provide safety for all Palm Desert residents.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of April 8, 2010.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 209, 213, and 214.
Rec: Approve as presented.
C. CITY COMMITTEE AND COMMISSION MEETING MINUTES:
1. Landscape Beautification Committee Meeting of January 20, 2010.
2. Parks & Recreation Commission Meeting of January 5, 2010.
Rec: Receive and file.
D. LETTER OF RESIGNATION from Verna Smith - Housing Commission.
Rec: Receive with very sincere regret.
E. RESOLUTION NO. 2010 - 23 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth its Findings and Authorizing the
Destruction of Files from the Code Compliance Department that Have Been
Digitally Imaged (Files Dated 2004).
Rec: Waive further reading and adopt.
4
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
F. REQUEST FOR APPROVAL of Amended Palm Desert Country Club
Neighborhood Park (Joe Mann Park) Lease (Contract No. C16152).
Rec: D ,;, t Country Club
By Minute Motion, continue item to date uncertain.
G. REQUEST FOR ACCEPTANCE of Work for Contract No. C28990 —
2009 Curb Ramp Modification Project (Project No. 753-09)
(Simon Contracting, Inc., Indio, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
H. REQUEST FOR AUTHORIZATION to Release the Security for Tract
No. 34391 (Kingston Court), Accept Replacement Security, and Authorize
the Mayor to Execute the Replacement Subdivision Improvement Agreement
(Palm Desert Terracina, LLC - former Applicant) (KB Home Southern
California - new Applicant).
Rec: By Minute Motion, authorize release of the previous security for Tract
No. 34391 (Kingston Court), accept replacement bonds, and
authorize the Mayor to execute the replacement Subdivision
Improvement Agreement therefor.
I. REQUEST FOR RATIFICATION of the New City of Palm Desert Emergency
Operations Plan — Parts I & II.
Rec: By Minute Motion, ratify the new City of Palm Desert Emergency
Operations Plan that is based on the new National Incident
Management System (NIMS) requirements approved by the
City Council in 2009.
J. CONSIDERATION of Legislative Review Committee Action on
AB 223 (Ma) — Tattoo and Body Art Parlors.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 30, 2010, and direct staff
to prepare a letter of support for the Mayor's signature with regard to
AB 223 (Ma).
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
K. CONSIDERATION of Legislative Review Committee Action on AB 1822
(Swanson) — Massage Therapy.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 30, 2010, and direct staff
to prepare a letter of support for the Mayor's signature with regard to
AB 1822 (Swanson).
L. CONSIDERATION of Legislative Review Committee Action on
AB 1867 (Harkey) — Land Use.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 30, 2010, and direct staff
to prepare a letter of support for the Mayor's signature with regard to
AB 1867 (Harkey).
M. CONSIDERATION of Legislative Review Committee Action on
AB 2439 (Nestande) — Mobile Home Parks.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 30, 2010, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 2439 (Nestande).
N. PRELIMINARY RE -CAP of 2010 Fashion Week El Paseo.
Rec: By Minute Motion, receive and file the Preliminary Re -cap Report for
2010 Fashion Week El Paseo.
Upon a motion by Kelly, second by Spiegel, and 4-0 vote of the City Council, with
Ferguson ABSENT, the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
None
6
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1212 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
8.40.080 AND SECTION 8.40.100 OF THE CODE OF THE CITY OF
PALM DESERT, CALIFORNIA—RECREATIONAL VEHICLES ON PRIVATE
PROPERTY.
Mr. Erwin stated this item was a correction and there had been no change.
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1212.
Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT.
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION TO PAY TITLE FEES TO
FIRST AMERICAN TITLE COMPANY AND LAWYERS TITLE COMPANY
AS PART OF THE ENERGY INDEPENDENCE PROGRAM (EIP) (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Redevelopment Manager Martin Alvarez stated approval of this item will
allow the City/Agency to reimburse title companies used for Phases I and II
as part of the Energy Independence Program (EIP). Moving forward, staff
requests approval to reimburse up to $108,000 for title fees as they are
incurred for Phase III participants. He said Phase II(b) and Phase III will be
fully reimbursed by the EIP participants. He offered to answer questions.
Councilman/Member Kelly asked what portion will be paid by EIP
participants.
Mr. Alvarez responded $200 of the $360 title fees for Phases I and II will be
reimbursed by the EIP participant. Further responding, he said out of the
$50,000 title fees incurred for Phases I and II, the City/Agency will be
reimbursed $27,800 by the EIP participants.
Councilman/Member Kelly moved to by Minute Motion, authorize: 1) Payment to
First American Title Company in an amount not to exceed $30,240 for title fees incurred
as part of Phases I and II (a) & (b) of the EIP — a portion of these costs will be reimbursed
by EIP participants; 2) payment to First American Title Company and Lawyers Title
7
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
Company in an amount not to exceed $108,000 for title fees incurred as part of EIP Phase
III as services are rendered — all Phase 111 costs will be reimbursed by EIP participants; 3)
Director of Finance to transfer funds deposited into the Energy Independence Program
Loan Proceeds in Account No. 237-0000-349-9400 to Energy Management to offset said
costs — funds for these costs have been budgeted in the Energy Management Professional
Services Account, No. 850-4511-442-3090. Motion was seconded by Spiegel and carried
by a 4-0 vote, with Ferguson ABSENT.
B. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION TO
CONTRACT WITH SIERRA LANDSCAPE COMPANY, INC., FOR
MAINTENANCE SERVICES FOR LANDSCAPE MAINTENANCE AREA
NO. 4 IN THE AMOUNT OF $93,144 (CONTRACT NO. C28621, PROJECT
NO. 904-09).
Councilman Kelly moved to, by Minute Motion, approve a one-year extension to the
subject contract with Sierra Landscape Company, Inc., Palm Desert, California, in the
amount of $93,144 for maintenance services for Landscape Maintenance Area No. 4 —
funds are available in the General Fund Account No. 110-4614-453-3370 -
Repair/Maintenance Medians. Motion was seconded by Benson and carried by a 4-0 vote,
with Ferguson ABSENT.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR CITY COUNCIL TO REAFFIRM THEIR REQUEST TO THE
RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION
(LAFCO)TO REINSTATE THE SUN CITY PALM DESERT AREA INTO THE
PALM DESERT SPHERE OF INFLUENCE.
Ms. Aylaian stated this item was before the City Council because the
Riverside County Local Area Formation Commission (LAFCO) requested the
City Council reaffirm the December 11, 2008, request. The history was as
follows: In 2007, LAFCO requested the City review its Sphere of Influence
(SOI) and make known any plans for retaining the areas. The City Council
reviewed the issue and determined they wanted to release Sun City Palm
Desert from its SOI and directed staff to conduct a fiscal analysis of the
Bermuda Dunes area. That information was forwarded to LAFCO, and
LAFCO responded by removing Del Webb Sun City area from Palm Desert's
SOI. In 2008, LAFCO came back to all the cities within Riverside County
and asked them to identify any changes planned for the next five years within
their SOI. When the item was agendized for discussion in front of the City
Council, there was representation from residents within the Del Webb Sun
City who came forward and requested that Sun City Palm Desert be
8
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
reinstated into Palm Desert's SOI. The City Council voted to do so and
forwarded that request to LAFCO. A year later in December 2009, LAFCO
held its first hearing on Palm Desert's request to reinstate the original area
from Del Webb Sun City into Palm Desert's SOI. The request has been
continued by LAFCO three times, because property owners from Thousand
Palms (TP) object to the reinstatement. At the most recent hearing in front
of LAFCO, several commissioners expressed the desire to have Palm Desert
City Council identify any long-range plans, including potential annexation for
the area, but ultimately the Commission voted simply to ask the City Council
if it still desired to have the entire area reinstated. She said there was
intense interest on both sides of the equation with those in favor of the
reinstatement and those opposed. She presented binders that included
3,800 signatures from residents of Del Webb Sun City, but also from
businesses within the commercial area just west of Sun City. She called
attention to the diagram included in the agenda packet, stating the
cross -etched area in red indicated the original Del Webb Sun City area, but
north of the freeway was commercial areas and undeveloped lands; the
commercial area is the chief area of contention. She said representatives
from Thousand Palms are opposed to the inclusion of Del Webb Sun City
and commercial areas in Palm Desert's SOI, because they would like to
maintain the possibility to incorporate as a city in the future. In order to make
it financially viable, they would like to retain revenue from the commercial
area within their areas. She noted there were representatives from both
sides of the equation that would like to speak, but first she wanted to clarify
two things. First, having an area within its SOI did not mean it was going to
be annexed, nor was it a commitment by the City Council to pursue
annexation in the near future. Although such a decision should not be
entered into lightly, it did not serve as a commitment, but simply retains the
ability for the City Council to study the issue further in the future. She said
a fiscal analysis of the area had not been performed, because that is
typically done at the stage where annexation is considered and not where a
SOI is considered. Secondly, in the event the City Council wanted to pursue
these lands in its SOI as requested in December 2008, staff recommended
strongly that the entire original Del Webb Sun City area be reinstated,
because if only the residential area was considered, there would be no
potential for annexation in the future. She said a residential -only area would
never be revenue neutral to the City, because it would need a balance of
land uses from both residential and commercial areas to ensure it can have
a revenue neutral annexation. She offered to answer questions.
Councilman Spiegel asked if the Classic Club, which was west of the subject
sphere, in anyone's sphere of influence.
Ms. Aylaian answered that she didn't believe so.
9
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
MS. HELEN MCENERNEY, Inverness Avenue, Sun City, Palm Desert,
stated she was reaffirming her previous request of December 2008, to
petition the City of Palm Desert to reinstate Del Webb Sun City Palm Desert
into Palm Desert's SOI. As former vice president and general manager of
Del Webb California Corporation, she wanted to share with the Mayor and
remind Councilmembers how closely the City worked with Del Webb. She
said back in 1993 or 1994 the City assisted Del Webb in changing its name
from Sun City Palm Springs to Sun City Palm Desert along with a post office
box change. At that time, home building and construction on the north side
of the freeway was considered foolish by many, but some may recall the
cooperation Palm Desert provided to assist with the construction of the
Washington Street Interchange, which was no small feat. Her predecessor
Frank Pankratz, a charter member of the Coachella Valley Economic
Partnership(CVEP), along with Dick Oliphant, Bob Dickey, Rick Daniels, etc.,
worked hard to get Del Webb into the Enterprise Zone with the property
zoned Industrial and Commercial, which was in the sphere boundary north
of 1-10 and west of Washington Street up to 38th Avenue. Del Webb owned
several parcels and assisted Eisenhower with the Del E. Webb Foundation
and helped create the Eisenhower Medical Center on the corner of
Washington Street and Wildcat. She said Del Webb worked hard to bring
businesses and enterprises north of the freeway into the Industrial Park,
which was previously owned by Del Webb. Suffice to say Del Webb Sun
City had a long-standing bond with Palm Desert hoping that one day, some
time in the future, an annexation could or would take place. That time may
or may not be in the distant future, but reestablishing the SOI would protect
Sun City Palm Desert and its boundary from other cities or jurisdictions from
trying to annex or "cherry pick" the commercial parcels it worked hard to
develop. She asked the Council to vote in favor of reinstating Del Webb Sun
City into Palm Desert's SOI.
MR. BILL MURPHY, President of the Board of Directors of Sun City Palm
Desert Community Association, stated he and his colleagues were in support
of reinstating its community and commercial property into Palm Desert's SOI.
He noted that in attendance were members of the board, former president
of the board Corky Larson, current general manager of the board, and
representatives of its 15 districts. He said ten days ago he received a letter
from City Manager John Wohlmuth requesting that he and his association
get in touch with the residents for their input on returning Sun City Palm
Desert into Palm Desert's SOI, and after nine days they had a 75% response
rate with additional letters' still coming in, which was incredible. He said if
you counted the snow birds that already left, one could say it was a 90%
response rate in favor. He said he also spoke to the neighbors in the
commercial areas and that the City should have received letters of support
from Harry Rinker, owner of the Marketplace Shopping Center, developers
from Mirasera and Valante, and owner of Industrial West. He said Mirasera
was a proposed development covering 186 acres, which will include
10
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
high -density residential, commercial, hotels, retail, and offices, which was the
pie -shaped green area in the lower right-hand corner in the diagram included
in the City Council packets; Valante was a proposed development of 160
single-family homes adjacent to Mirasera; and the owner of Industrial West
owned several properties on Washington Street Business Park. He said the
City asked for input and the aforementioned was the response, which
showed high support for the measure.
Mayor Finerty noted the next speaker requested five minutes, because
others were giving up their time.
MS. PATRICIA SALEH, Thousand Palms Community Council Member,
stated that having grown up in the Coachella Valley since the age of three,
she's watched the Desert change since the days when spa waters flowed
uncapped along a dirt road in Palm Springs, which was now called Indian
Avenue. She was here when Palm Village became Palm Desert, and when
a Government decision in 1957 allowed Interstate 10 (I-10) to be built parallel
to Vamer Road cutting off Ramon Road access to Thousand Palms (TP) for
five years until an overpass was finally built. During that time, the
blossoming community of TP shriveled up and almost disappeared. The
message was loud and clear, "who cares about Thousand Palms." It has
only been during the last 15 or 20 years that TP has begun to rebound. It
now had a school, library, community council, the largest fire training center
in Riverside County, two new commercial/industrial areas, an animal
campus, multimillion -dollar horse ranches and more. Most of the community
is on sewers, and last year, the County and Coachella Valley Association of
Governments (CVAG) invested $32 million into TP based on the potential
development of its central location and freeway frontage. It was the potential
and diversity that recently prompted Cathedral City to propose taking all of
Thousand Palms rather than just its west flank. Since LAFCO recognizes
that a SOI is a serious planning tool for future annexation, and because
neighboring cities have concluded that TP didn't fit their profile, TP is fighting
to avoid being cut down in size that it can never incorporate on its own. It
would be costly for TP to fight a SOI, and without the same growth potential,
it would not only receive a lesser share of County funds, but likely become
a permanent orphan of the County. Because Cathedral City's proposal also
included the areas Palm Desert was requesting, she and Thousand Palms
Community Councilmember Roy Nokes informed Councilman Kelly of
Cathedral City's intention and asked if Palm Desert would object or also
consider taking all of Thousand Palms rather than just Sun City and its
commercial areas. She said Councilman Kelly expressed interest and that
he would organize a meeting with another Councilmember along with City
staff to discuss the pros and cons. Chairman of the Desert Palms
Community Council Sy Kaplan agreed to take part in this meeting, and at
that meeting on March 17, the response from Councilman Spiegel and
Councilman Ferguson was that Palm Desert had decided two years prior not
11
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
to annex north of 1-10 and that nothing had changed. She said Councilmen's
Spiegel and Ferguson stated the Council requested to take Sun City Palm
Desert back into its sphere of influence just to be nice to Del Webb Sun City,
because Sun City didn't want to be taken in by the City of Indio. At that time,
she asked if Palm Desert would consider taking Thousand Palms land out
of the request since it had no intentions of annexation, and Councilman
Spiegel answered no. It is for this reason that LAFCO has continued its
hearings on Palm Desert's request until May 27, 2010, to see if a
compromise could be worked out and also give Palm Desert the opportunity
to confirm whether or not this Council had any real desire to annex the
proposed sphere area. She said LAFCO Executive Officer George Spiliotis
stated his recommendation to approve Palm Desert's request was based on
the City's assumed intent to annex the area, because taking a sphere on the
basis of the possibility that some future council might want to annex would
be land -banking and not acceptable to LAFCO. LAFCO wants the present
Council to confirm its intent to annex. She didn't want to hamper Sun City's
efforts in any way and hoped that if Palm Desert wanted to annex Sun City
Palm Desert west of Washington Street that it leave Thousand Palms
territories out of its sphere. With all the habitat and preserved area taken out
of Thousand Palms, it needed every bit of land to achieve the tax base to
incorporate. She knew Palm Desert would not be well served by the failure
of TP. She hoped the Palm Desert City Council can stop another
govemment decision from crippling the future of its blossoming community.
MR. ISRAEL ESMERALDA SR. stated he would pass his time.
MR. ROY NOKES, Thousand Palms Community Council Member, stated he
knew they were fighting an elephant all the way; however, once the door was
opened for possible future City of Thousand Palms after Rancho Mirage and
Palm Desert gave up its SOI, it had another opportunity to incorporate as a
city. He's been in the Desert since 1966 and seen Palm Desert and four of
the other cities develop. He said the City of Palm Desert had done great and
it was an example to other cities anywhere, and now Thousand Palms (TP)
wanted that same opportunity exercised by Palm Desert when it became a
City Council. He said TP was centrally located for a city and should have
been able to move toward being a city years ago, but the financing and
commercial growth was south of 1-10. Now that the development had come
to TP and after this recession is over, there will be a lot of development in the
TP area because there was nowhere else to go except the vacant land north
of 1-10. He said based on the General Master Plan, many didn't think TP
could generate the tax based needed, but if the Plan was adjusted to retail,
commercial, and industrial, which would be further north, it will have the
income base from hotel, bed tax, retail shops, and restaurants along
Interstate-10 and south of Varner Road, but not counting the development
between Ramon Road and Washington Street. He said TP also had the
Enterprise Zone along 1-10 to Date Palm and beyond. He said this was the
12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
only opportunity to convince Palm Desert City Council that TP needed the
chance to develop its own city. He said they were asking for 10 or 15 years
down the road to try to build the tax base. He said for years TP supported
Palm Desert's tax base even before it became a community, and now they
wanted to keep some of their own tax base to build their own city. He said
TP was more centrally located than other cities, because they were on the
railroad, 1-10, and all five of the north south routes across the Valley passed
through the TP area. He said TP didn't have traffic congestion, noise or
crime problems, graffiti, or drug dealers standing on the corner like other
cities. He said they had a beautiful well -maintained park thanks to Corky
Larson. He thanked the Council for the opportunity to speak on this matter.
MR. DON DONNELLY, Tri-Palms United Owners Association Board
Member, stated he represented more than 1,700 units or 3,500 residents in
the Tri-Palm Community, which was within the area of Thousand Palms. He
said they didn't support the taking of land in the Thousand Palms areas,
because it was a jeopardy to its future by the piracy or cherry picking of some
potential industrial and commercial properties to get more assessed
valuation. His community opposed any sphere of influence, because it was
step one of annexation by Palm Desert's SOI. He thanked the Council for
its consideration.
MS. CORKY LARSON, Palm Desert, stated she loved hearings like these
where both sides were nice people, but the City Council had to decide how
to split the baby. She's lived in Sun City Palm Desert for 14 years now from
when she moved from Palm Springs. She said Thousand Palms didn't really
care if Sun City Palm Desert was back in Palm Desert's sphere. It was the
commercial area they didn't want to see go along with Sun City. However,
she was requesting the Council return Sun City Palm Desert to where it was
a few years ago. She had spoken to Thousand Palms representatives, but
she didn't think they understood exactly what a sphere of influence meant.
The reason Sun City pushed to retum to Palm Desert SOI was because
there are aggressive cities. She said before Thousand Palms can become
a city, if that's in their destiny, those aggressive cities would like to cherry
pick that commercial area. A member of LAFCO had mentioned there was
an inquiry about it. She said returning Sun City Palm Desert with the
commercial area was in Palm Desert's best interest if the next step should
ever be annexation. However, it wouldn't change anything for Thousand
Palms, because they could still incorporate, and if they wanted to, they could
include Sun City Palm Desert in that incorporation. She used to serve as
chair of LAFCO and knew a sphere of influence and incorporation could
happen at the same time. However, right now Sun City Palm Desert wished
to return under Palm Desert's SOI. She said as County Supervisor, she
created community councils, and the sole purpose of them was to advise the
Board of Supervisor who was the government of the area. She said neither
Supervisor Wilson nor Supervisor Benoit had any objections to the whole
13
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
area returning to where it was. She loved the people of Thousand Palms
and vowed to work with them in any way possible to help them fulfill
whatever their dreams are and believed when this was all over everyone will
be friends. She asked the Council to retum Sun City Palm Desert to Palm
Desert's sphere of influence to provide it the protection that went away when
Sun City was dropped from its sphere, knowing the action would not hurt
Thousand Palms. She requested Palm Desert City Council reaffirm it's
request to LAFCO, although she didn't know why they were asking for a
confirmation from Palm Desert. She offered to answer any questions.
Councilman Kelly stated he thought Palm Desert had already requested Sun
City Palm Desert return to Palm Desert's SOI as mentioned by Ms. Larson.
Mr. Wohlmuth responded a letter was sent to LAFCO in December to
request Sun City Palm Desert return to Palm Desert's SOI, and LAFCO has
continued its hearing three times, and in their last meeting they requested
Palm Desert to reaffirm it's request.
Councilman Kelly stated he understood Thousand Palms desire to create
their own City, and they had his blessings. On the other hand, Del Webb
Sun City would like to continue to be in Palm Desert's SOI, and the adjacent
commercial area was part of their area. He said Sun City Palm Desert
deserved to have some of that commercial area connected with their area.
He said God bless Indio and hallelujah for the sales tax they get, but the
proper thing for Sun City would have been for that whole area to be in Del
Webb Sun City's SOI and whom they were connected with. He reconfirmed
that Sun City Palm Desert and the adjacent commercial areas be in Palm
Desert's SOI.
Councilman Spiegel noted the recreational vehicle retailer in the commercial
area was on television four or five times a day advertising that its location
was in Palm Desert. The fact that Thousand Palms didn't have the Classic
Club or the whole area in its sphere, meant that TP was in one area and now
it wanted to be moved to take in this RV retailer, which didn't make sense.
He agreed with Councilman Kelly to reaffirm its request to LAFCO.
Councilmember Benson stated she had always been in favor of Sun City
being in Palm Desert's SOI. She said Palm Desert requested Sun City
change their name so that they weren't aligned to Palm Springs before they
ever asked to be part of Palm Desert. She certainly thought it was admirable
Thousand Palms wanted to be a city, but maybe it should be grateful they
weren't facing these economic times, because they wouldn't have the money
to keep it running and would have to dis-incorporate. She said Thousand
Palms was a vital part of the corridor along 1-10 as much as Sun City, but
Sun City Palm Desert needed to be in Palm Desert's SOI to promote and
14
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
protect itself. She said whether Thousand Palms ever got to be a city was
not up to Palm Desert, but she can respect their economic situation.
Mayor Finerty concurred with her colleagues.
Councilmember Benson moved to, by Minute Motion, reaffirm the direction given on
December 11, 2008, to ask the Riverside County Local Agency Formation Commission
(LAFCO) to reintroduce Sun City Palm Desert and the adjacent commercial area into the
Palm Desert Sphere of Influence. Motion was seconded by Spiegel and carried by a 4-0
vote, with Ferguson ABSENT.
Councilman Kelly stated the City Council would be happy to work with
Thousand Palms residents and Thousand Palms Council toward whatever
it desired to achieve.
MS. SALEH stated they were told Palm Desert would not annex north of 1-10,
and it seemed Palm Desert didn't want Thousand Palms either.
Councilman Kelly responded that question couldn't be answered at this point.
Councilman Spiegel stated it was unknown who would be serving on the
Council five years from now, and that future Council would be making a
decision based on a staff report that indicated whether or not it was
economical. One of the reasons why Palm Desert had not done anything in
Bermuda Dunes was because if was not economically sound to pay for the
curbs and gutters. Unfortunately, the City of La Quinta had been cherry
picking in that area, but that was another story.
Councilman Kelly noted this kind of process took time and nothing would
happen overnight.
MS. SALEH said she wanted it explained why LAFCO had returned Palm
Desert's request, which was obvious Palm Desert had not taken back its
request.
Councilman Kelly stated the City Council had to deal with the fact that the
folks in Thousand Palms changed their mind every two years; Thousand
Palms was either in or out. He said if the process ever happened, the
Council will work to try to make it work for everyone.
MS. SALEH said LAFCO wanted to know if this particular City Council had
any intent to annex, but that wasn't addressed with the motion that was
made by LAFCO. She said LAFCO wouldn't have returned the request just
to reconfirm if Palm Desert wanted Sun City Palm Desert in its sphere.
15
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
With City Council concurrence, Mayor Finerty called a recess at 4:52 p.m. She
reconvened the meeting at 4:54 p.m.
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT,
ADDING CHAPTER 25.130 - LOCATION OF MISCELLANEOUS USES - TO
THE PALM DESERT MUNICIPAL CODE Case No. ZOA 10-69 (City of
Palm Desert, Applicant).
Principal Planner Tony Bagato stated this was a Zoning Ordinance
Amendment to add a section for Miscellaneous Uses that are identified in the
Ordinance. At the November 10, 2009, a Planning Commissioner requested
staff to research potential regulations onto tattoo establishments. The City
currently had five establishments on Highway 111, and there was a concern
with having certain business types along the City's prime commercial
corridors of El Paseo and Highway 111 as a resort community. On
December 15, 2009, staff presented four possible restriction types and
stated that if there was a concern over the image of businesses, staff felt
there were other businesses that should be in that category as well along
with tattoo establishments. On March 16, 2010, staff presented the Zoning
Ordinance Amendment (ZOA) and locations of Miscellaneous Uses. Those
uses are identified in the Ordinance as bail bonds and body piercing
establishments, billiards or pool halls, fortune tellers, independent massage
parlors, tattoo shops, and smoke shops, which are categorized as mainly
smoke shops that sold paraphernalia. He said it wouldn't include high -end
cigar shops or cigar lounges, because those did exist on El Paseo. The uses
would be prohibited on Highway 111 and El Paseo, but allowed in other C1
or Service Industrial Zones with a 1,000-foot distance separation from a
similar use. He said a tattoo establishment would have to be 1,000 feet
away from another tattoo, but could be next to a massage parlor or smoke
shop. He said the City Council packet included a map that illustrated the
current Miscellaneous Uses that would be grandfathered under the
Ordinance. Staff received one letter from Ink Sanity Tattoo voicing their
concern over the fairness of the Ordinance and asking for the opportunity to
expand or downsize if they had to, but the current non -conforming uses
would not allow it and would require a separate Zoning Ordinance
Amendment. They asked that perhaps tattoo parlors can be removed from
the Ordinance, however, because this item was originally requested by the
Planning Commission, staff recommended that it remain. On March 16 the
Planning Commission recommended approval on a 3-2 vote with
Commissioners Tanner and Campbell voting NO. He offered to answer
questions.
16
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
Mayor and Councilmembers noticed they did not have a copy of the map
with the identified current Miscellaneous Uses along El Paseo and Highway
111.
City Clerk Rachelle Klassen confirmed the City Clerk's Office did not receive
a copy of the map and that's why it was not included in Council's packet.
Mr. Bagato displayed the map and pointed the locations of the Miscellaneous
Uses and tattoo establishments on Highway 111. Further responding, he
confirmed there were five establishments within 1,000 feet of each other.
Councilman Spiegel asked what were the restrictions used by other cities in
the Valley.
Mr. Bagato responded the cities of Rancho Mirage, Indian Wells, and La
Quinta didn't address miscellaneous uses in their Code, but actually
prohibited tattoo shops as well as other uses. However, the City of La
Quinta allowed fortune tellers with a Conditional Use Permit (CUP), but tattoo
shops are prohibited in most of the cities. He said Cathedral City was looking
into restricting the same uses Palm Desert was proposing to their new area
off Highway 111 and Palm Canyon, the revitalization down town. Further
responding, he agreed Palm Desert probably had the most tattoo parlors
because it was the most business friendly toward them.
Councilman Kelly commented he couldn't read the map that was being
displayed from where he was sitting.
Councilmember Benson stated the staff report indicated there were currently
five tattoo and eight independent massage establishments that would all be
grandfathered. She said the intent of the Ordinance was to prohibit new
ones.
Mr. Bagato agreed, stating the existing establishments could not relocate. He
said once an establishment closed for more than six months, they would no
longer be able to re -open in the same location. Further responding, he
confirmed the proposed Ordinance was not intended to put establishments
out of business.
Responding to request, Mr Bagato agreed to go back to his office to make
copies of the map that illustrated the current Miscellaneous Uses that would
be grandfathered under the Ordinance.
NOTE: At this point in the meeting, and with City Council concurrence, Mayor Finerty
suspended consideration of Public Hearing A in order for staff to provide the requested
map. She continued with the remainder of the City Council, Redevelopment Agency, and
Housing Authority Agendas, then returned to Public Hearing A.
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
Mayor Finerty noted Mr. Bagato had concluded his staff report, and the
Council was resuming with questions regarding the map.
Mr. Bagato described the area of focus, which was between Portola Avenue
and Town Center Way just before Desert Crossings. Responding to
question, he said most of the businesses and tattoo establishments were
between San Pablo and Portola Avenue.
Mayor Finerty declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter.
MR. BUDDY HAYNES, Owner of Insanity Ink II Tattoos, 73-338
Highway 111, Palm Desert, stated he assumed the Council received the
letter he wrote, which stated he didn't agree with the proposed Ordinance,
but he understood. However, he asked the Council to consider placing tattoo
shops in its own category. His business was fortunate that it had another
three years on his lease for his shop, but it included a hair salon. He said
business was good, but if it got better or declined, he still wanted the
opportunity to relocate across the street or next door and still abide by the
proposed 1,000-feet distance. He understood why the City didn't want his
business close to El Paseo and agreed it probably didn't belong there. He
said his partner James Livingston had monitored all the foot traffic his shop
received from being on Highway 111 for the past two months and can show
the Council the amount of clientele it received. He was curious what Council
meant when it stated that Palm Desert's image was a "tourist town," because
up and down Highway 111 were restaurants, a gun shop, a hardware store,
and pet grooming store, so he didn't quite understand how tattoo shops got
stereotyped in the miscellaneous category. He hoped the Council will take
into consideration to set tattoo establishments aside, because if he had to
add onto his business or move next door, what would be the difference. He
appreciated the fact that his business would be grandfathered, but the
proposed Ordinance dictated how his business can grow or downsize, which
was not a way to become successful. He offered to answer questions.
Councilman Spiegel stated on the north side of Highway 111 was a parlor
with a huge sign that said "Tattoo."
MR. HAYNES responded it was not his establishment. He said his shop
shared the same wall with McGowan's Pub and is four doors down from the
Red Barn. He said a Planning Commission member was quoted in the
newspaper as stating that being open late hours attracted crime, which he
found appalling, because there was no statistic with the Riverside County
Sheriffs Department that would support the statement. He said his shop and
other restaurants stayed open late, but they did not attract crime. He said
they were hard-working people, and he watched out for his community,
because he was born and raised here and lived here since 1980. He was
18
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
proud to be part of this City, because it's been good to him and fellow
citizens.
MR. JAMES LIVINGSTON, Co -Owner of Insanity Ink II Tattoos,
73-338 Highway 111, Palm Desert, requested the City rewrite the Ordinance,
because a tattoo and permanent cosmetic were the same thing, yet
permanent cosmetic was not included as Miscellaneous Uses. He offered
to answer questions.
Councilman Spiegel requested that Lieut. Shouse provide the Council with
his thoughts on the matter.
Lieut. Shouse stated the Police Department had not received an inordinate
amount of calls for service regarding tattoo parlors. He said tattoo parlors
did not come up on the radar as being an issue for the Police Department.
He said the Department had more problems with bars in town and other
locations.
With no further testimony offered, Mayor Finerty declared the public hearing closed.
Councilman Kelly stated the proposed Zoning Ordinance was very arrogant
even though he wouldn't get or have a tattoo, but he recognized there was
a whole different culture out there that liked tattoos and had them. He said
how could he be so arrogant as to say he didn't agree with their culture and
have them kicked out, which he didn't understand. He noticed that pool halls
were also included in the proposed Ordinance, yet as a senior in high school,
he had a 40 hour a week job, played basketball, dated Mary Helen, and in
his spare time he hung out in the pool hall, and he just got recognized as
citizen of the year yesterday. He said he valued the education he received
at the pool hall. Another thing that amazed him was that Palm Desert had
the best in the Valley, because many people have told him Quick Massage
located at 74-125 Highway 111, Palm Desert, was a wonderful place to get
a massage. He didn't frequent massage parlors, but a lot of people do like
them. He recognized the City had problems with massage parlors, in fact it
had one case on the agenda this evening, but that was the job of the City
Council to take care of it. He said the City had problems with its parks, it had
to mow the grass and trim the trees, but just because it had to be done,
didn't mean they had to get rid of its parks. He said the City will have to
continue to monitor the massage parlors to make sure they followed the
Ordinance. As far as he was concerned, he thought the proposed Ordinance
was very arrogant. He said if the Council wanted Palm Desert to be upscale
and have the best shops, then it should get rid of its utility poles, maintain the
streets, paint the white lines on the road, and make it so that the
establishments and stores are the place to be. Then the City will
automatically have the best places and wouldn't have to worry about these
zoning ordinances.
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
Councilman Spiegel stated he was torn with the matter, because he would
like to make Highway 111 prestigious as possible. Whether the Red Barn
and other establishments on Highway 111 were prestigious, he sometimes
questioned, but he wasn't sure how to turn it around or if it was possible.
However, he agreed with Councilman Kelly and Mr. Livingston's and
Mr. Haynes' concern, which was that the landlord or owner of a building can
raise the rent and there was nothing that could be done by the tenant.
Councilmember Benson stated the City had too many Miscellaneous Uses
and it was the City's fault for allowing them in the first place, but to say that
if a business didn't succeed it couldn't relocate, may be wrong because they
may succeed where the rent is lower. She said the Ordinance needed to
state that no new parlors will be accepted on Highway 111, but existing ones
are grandfathered with the right to expand or downsize. She said the
Council needed to be more lenient with existing establishments, because
they came in when it was allowed.
Responding to question, Mr. Erwin stated the proposed Ordinance as written
did not allow existing businesses to move to another location. Certainly if the
Council desired, a hearing process or process to allow existing
establishments to expand, depress, or move to other locations can be
established as long as they complied with the distance requirements. He
offered to craft some language to that effect. Councilman Spiegel and
Councilmember Benson thought that would be fair.
Councilman Spiegel stated the City had plenty of massage and tattoo
establishments, and it didn't need anymore, but disagreed to locking in
existing establishments to a location.
Councilman Kelly stated it was a free country and the economy should take
care of itself, because it dictated how many restaurants or grocery stores a
City would have. He said the Council should not get into the business of
controlling how many businesses it should have.
Councilman Kelly moved to deny staffs recommendation. Motion died for lack of
a second.
Councilmember Benson moved to, by Minute Motion, refer the Case back to staff
for clarification regarding the grandfathering of existing businesses at this time as to what
they can do in the future (i.e., expansion, downsizing, relocation) including an appropriate
process for such consideration. Motion was seconded by Spiegel and carried by 3-1 vote,
with Kelly voting NO and Ferguson ABSENT.
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
B. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION
TO REVOKE AN EXISTING CONDITIONAL USE PERMIT (CUP) FOR ANNA'S
HEALTH SYSTEM, A MASSAGE THERAPY ESTABLISHMENT LOCATED IN THE
PALMS TO PINES WEST SHOPPING MALL AT 72-655 HIGHWAY 111, SUITE B-
7 Case No. CUP 08-108 (Chun Hua Deng / Todd Hill, Applicants/Appellants).
Mr. Erwin noted the policy in the past was to refer these matters on massage parlor
for either conditional use permit, appeals, or the appeals of the massage
establishment permits to a hearing officer, which was his recommendation to the
Council. He asked the Council to continue the public hearing to be renoticed at a
later date when Council received the report of the hearing officer.
Councilman Spiegel moved to, by Minute Motion: 1) Refer the appeal to a Hearing
Officer; 2) continue the public hearing to be renoticed at a later date following receipt of the
Hearing Officer Report. Motion was seconded by Benson and carried by a 4-0 vote, with
Ferguson AB SENT.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
Mr. Wohlmuth provided a copy of the grant application the City will be
submitting for bicycle and sidewalk improvements. In the past, the City's
internal policy was to make the Council aware that it was seeking grant funds
and that it had a project in mind for the funds or matching funds if required.
He said SB821 Funds are for sidewalk and bicycle road improvements, and
the application was due May 4, 2010, to the Riverside County Transportation
Commission. Staff was unable to put this matter on the agenda; however,
the application didn't require Council action, because it only needed the City
Manager's signature, so this was an informational report for the Council.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Reminder of Upcoming Joint City Council, Redevelopment Agency,
and Housing Authority Meetings Regarding the Preliminary Fiscal
Year 2010-2011 Budget:
a) Monday, April 26, 2010, 9:00 a.m. - 12:00 p.m. in the
Administrative Conference Room for Review of Public Works
and Capital Improvement Projects Budgets.
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
b) Friday, April 30, 2010, 1:00 p.m. - 4:00 p.m. in the
Administrative Conference Room for Review of
Redevelopment Agency Budgets (includes Housing,
Marketing, and Visitor Center).
Ms. Klassen noted the two reminders for the upcoming City Council
Budget Review Meetings.
Councilmembers so noted the dates.
Councilmember Benson stated she notified the City Manager that she
would not be able to attend the April 30 Budget Review Meeting, and
she will go over the Redevelopment Agency Budgets with him.
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Consideration of Travel Requests and Reports:
None
o City Council Committee Reports:
None
22
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010
o City Council Comments:
1. Rotary Citizen of the Year - Councilman Kelly thanked the
Council, staff, and everyone that attended the luncheon to
recognize him as Citizen of the Year by the Rotary.
XIX. ADJOURNMENT
Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council with
Ferguson ABSENT, Mayor Finerty adjourned the meeting at 5:24 p.m.
ATTEST:
RA H LLE D. tpcS`SEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
R
23