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HomeMy WebLinkAbout2011-01-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 27, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Cindy Finerty Councilmember Jan C. Hamik Councilman William R. Kroonen Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager 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 Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Dorian Cooley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire 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 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 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 Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Springs v. All Persons Interested, etc., et al., Riverside County Superior Court, Case No. INDIO 51124 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Parties: John M. Wohlmuth/City of Palm Desert Mr. Erwin requested the City Council consider adding one item to the Closed Session agenda having to do with employee evaluation. Public Employment pursuant to Govemment Code Section 54957: Title of Position: City Manager Upon a motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, the aforementioned item of Public Employment was added to the agenda for Closed Session consideration, With City Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:02 p.m. She reconvened the meeting at 4:00 p.m. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 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 - Mayor Jean M. Benson VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B MS. CINDY MCDANIEL, Assistant Superintendent of Business Services for Desert Sands Unified School District stated it was a pleasure for her and MS. PEGGY REYES, Director of Facilities to share with the City Council the Palm Desert High School construction project. They provided a PowerPoint presentation that showed the renderings, elevations, and phases of the project. MS. PEGGY REYES stated Phase II will begin in the Fall after the students are moved into the new campus, then demolition of the existing buildings will begin and the new play fields will start to be constructed. She said during construction of Phase II, Fred Smith Lane will be closed and the northwest side of the campus will be a temporary bus drop off for students. MS. MCDANIEL stated some facts about the project are: 1) The total cost of the project is $90 million, of which $30 million was from Palm Desert Redevelopment funds; 2) the square footage of all the building space was139,136 square feet, and it will now be 224,000 square feet; 3) the Performing Art Center (PAC) seated 150, and the new PAC will seat 387; 4) the old gym had a one -court gym and the new one will have a three -court gym; 5) the previous parking lot had 463 parking spaces, and the new one will provide 523; 6) the main entrance was moved from Phyllis Jackson Lane to Aztec Way. Finally, the new classroom and administration buildings will be opened in August 2011, with a rededication in the Fall, and the whole construction project is expected to be completed by August 2012. Mayor Pro Tem Spiegel thanked them for what's been accomplished at the high school and that the City was indebted to the District for spending $90 million toward making it an outstanding high school. However, he felt sorry for Pat Walsh for not being here. Councilmember Harnik expressed her appreciation as well, stating the high school was way past a facelifted remedy. She said to have four daughters attend PDHS, three of whom have graduated and one graduating in June, they all felt a little 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 robbed for not having the opportunity to be part of the new school. She said the new high school was looking gorgeous and it was wonderful to see the change. Councilman Kroonen stated he had the privilege and pleasure of watching these two ladies begin and develop their careers at Desert Sands, and he couldn't be more proud. His one request was when they get to tear down the old building that they salvage the cornerstone plaque because his name was on it. MS. MCDANIEL thanked the Council for the opportunity to share the status of the project and hoped to see the Council at the rededication. Mayor Benson thanked them for the update, stating people always asked the Council about it as they watch the project grow, and everyone was looking forward to the opening. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE PALM DESERT CITY COUNCIL BY QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE 2011 RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL, FEBRUARY 18 - 27. MS. BARBARA CRESON, "Queen Mom," presented the Queen's Court: MS. ANNA ACOSTA, Queen Scheherazade; MS. HALEY GLASS, Princess Dunyazade; and MS. Mylea Wilson, Princess Jasmine. Each of the ladies greeted the City Council and personally invited them and all present to visit the upcoming Fair, February 18-27, highlighting the many events and activities to be held there this year. They thanked Councilmembers for the opportunity to make this presentation and provided each with a brochure about the 2011 event. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 13, 2011, and the Special Joint City Council -Redevelopment Agency Meeting of January 17, 2011. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 135, 149, 150, 154, and 156. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Cinemas Palme D'Or, 72-840 Highway 111, Suite C104, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Le Donne Cucina Italiana, 72-624 El Paseo, Suite C7, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Nedrac Incorporated, 77-621 Enfield Lane, Suite 3, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES . 1. Marketing Committee Meeting of December 21, 2010. 2. Parks & Recreation Commission Meeting of December 7, 2010. Rec: Receive and file. G. REPORT Pursuant to Section 33080.1 of the Califomia Health and Safety Code (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. H. REQUEST FOR AUTHORIZATION to Notify the County Auditor of the Agency's Intent to Pay Supplemental Educational Revenue Augmentation Fund (SERAF) from Agency Funding Sources (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion: 1) Direct the City Manager, or his designee, to notify the County Auditor of the Agency's intent to pay 2010-11 SERAF from Agency funding sources; 2) authorize the Director of Finance to appropriate $5,255,397 to the respective account numbers for each of the four Project Areas from Unobligated Project Area Nos. 1, 2, 3, and 4 Funds. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 I. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization — Miscellaneous Computer Equipment and Accessories. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as appropriate. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29790 — Desert Willow Overflow Parking Lot (Project No. 614-09) (Cooley Construction, Inc., Hesperia, 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. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R30070 — Palm Desert Visitor Center Tenant Improvements Project Located at 73-470 El Paseo, Suite 14, Palm Desert (Orr Builders, Palm Desert, CA) (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR AUTHORIZATION to Expend Funds for a Crime Prevention Through Environmental Design Seminar to be Held in the Spring of 2011. Rec: By Minute Motion, authorize staff to expend $3,835 in CaICOPS Funding (Account No. 229-4210-422-3914) for a Crime Prevention Through Environmental Design (CPTED) Seminar to be held in Spring 2011. M. REQUEST FOR AUTHORIZATION to Expend Funds for Purchase of Batteries for the Police Department's Handheld Lidar Devices. Rec: By Minute Motion, authorize staff to expend $1,226.70 in CaICOPS Funding (Account No. 229-4210-422-3914) for the purchase of 10 new batteries for the handheld Lidar devices that measure vehicular speeds. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 N. CONSIDERATION of Submitting a Letterto California Govemor Jerry Brown, Expressing the City of Palm Desert's Concern with His Current State Budget Proposal. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. O. REQUEST FOR AUTHORIZATION to Possess and Consume Alcohol in Connection with a Palm Desert Chamber of Commerce Fund-raising Event at the Henderson Community Building, 72-559 Highway 111, Palm Desert, on Wednesday, February 9, 2011. Rec: By Minute Motion, permit the possession and serving of alcohol in connection with a Palm Desert Chamber of Commerce fund-raising event at the Henderson Community Building, 72-559 Highway 111, Palm Desert, to be held February 9, 2011. P INFORMATIONAL REPORT: "Shop With a Cop" Event on Saturday, December 4, 2010. Rec: Receive and file. Mayor Pro Tem Spiegel requested Item A be removed for separate consideration under Section XI, Consent Items Held Over, and City Manager John Wohlmuth requested Item N be removed for separate consideration Upon a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meeting of January 13, 2011, and the Special Joint City Council -Redevelopment Agency Meeting of January 17, 2011. Mayor Pro Tem Spiegel stated the minutes indicated that Supervisor John Benoit was in attendance to give a presentation, but the presentation was for Pat Walsh and not how it was indicated on page 24 of the Minutes of January 13, 2011. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve the Minutes of January 13, 2011, reflecting Supervisor John Benoit was present at that meeting to make a presentation to Pat Walsh. Motion was seconded by Harnik and carried by a 5-0 vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 N. CONSIDERATION of Submitting a Letter to California Govemor Jerry Brown, Expressing the City of Palm Desert's Concem with His Current State Budget Proposal. Mr. Wohlmuth stated staff prepared a letter as of January 10 when the Governor's Budget Proposal for 2011-2012 came out, but as of this moming, the City received correspondence from the League of Califomia Cities asking the City to consider passing a Resolution. He said a copy of the proposed Resolution had been passed out to the City Council and if they wished to consider both the letter and Resolution it can do so. Responding to question about adding the Resolution to the agenda, Mr. Erwin said the subject was already on the agenda and the Resolution was just a supplement to the letter; therefore, Council can include both in the motion to approve, which would be satisfactory. Councilman Kroonen moved to, by Minute Motion, authorize the Mayor to sign a letter to California Govemor Jerry Brown expressing the City of Palm Desert's concem with his current State Budget Proposal, with copies to be sent to the City's State Legislators, plus adopt Resolution No. 2011-06. Motion was seconded by Finerty and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS EMERGENCY VEHICULAR ACCESS EASEMENT OVER LOT H OF TRACT NO. 25296-3, BIGHORN DEVELOPMENT (Donald J. Merlino Bighom Homeowners Association, Applicants). Mr. Greenwood stated the request is to vacate an existing emergency vehicular access easement that is no longer needed; there is an alternate access already paved, which is in close proximity. The most important aspect of this is that the Fire Department has reviewed this and supports the recommendation. Councilman Kroonen moved to waive further reading and adopt Resolution No. 2011-4. Motion was seconded by Spiegel and carried by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1220 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.52 BY AMENDING SECTIONS 2.52.900, 2.52.905, 2.52.910, 2.52.915, AND 2.52.925, AND ADDING SECTIONS 2.52.930 AND 2.52.935 RELATIVE TO DISCIPLINARY ACTIONS. Human Resources Manager Lori Camey stated the proposed Ordinance didn't change the City's disciplinary policy, but it did detail the actual procedures to be followed in an acting employee discipline. Councilmember Finerty moved to waive further reading and pass Ordinance No. 1220 to second reading. Motion was seconded by Spiegel and carried by a 5-0 vote. For Adoption: A. ORDINANCE NO. 1219 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM SERVICE INDUSTRIAL (S.I.) TO PLANNED RESIDENTIAL 5 (P.R.-5) AS PER EXHIBIT "A" ATTACHED HERETO Case No. C/Z 10-276 (Ponderosa Homes II, Inc. / MSA Consulting, Inc., Applicants). Councilmember Hamik stated she will abstain on this item and left the Council Chamber. Principal Planner Tony Bagato stated this was the second reading for the Zoning Ordinance Amendment that was approved with the 15-lots subdivision at the last City Council meeting. He said the Ordinance required a second reading for it to be adopted. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1219. Motion was seconded by Finerty and carried by a 4-0 vote, with Harnik ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO REDUCE WIDTH OF THE DRAINAGE EASEMENT FROM IRONWOOD PARK (Kenneth R. Kurtz, Applicant). Mr. Greenwood stated this item was a request to reduce an existing drainage easement across the last vacant lot on Haystack Road that backs up to Ironwood Park. He said there was a storm drain line on the westerly section five feet or so of that lot. The property owner is working on plans to build a house there and was hoping the City could narrow the easement from eight to ten feet. The existing storm drain line fits in an 8-foot wide space; therefore, staff recommended approval. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Authorize the Mayor to execute a Quitclaim Deed to eliminate an existing 10-foot-wide Drainage Easement over Lot 41 of Tract No. 4980, M.B. 80/43-45, Office of the County Recorder, Riverside County (APN 630-190-047); 2) accept an 8-foot-wide Drainage Easement instead to better accommodate a future house footprint. Motion was seconded by Finerty and carried by a 5-0 vote. B. REQUEST FOR AUTHORIZATION FOR RANCHO HOUSING ALLIANCE TO AWARD CONTRACTS TO REHABILITATE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) HOMES (CONTRACT NOS. R30570A-B) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Project Coordinator James Conway stated the request is to authorize Rancho Housing Alliance (RHA) to award the contract. Unfortunately, the City/Agency received a withdrawal letter and staff revised its previous recommendation, which asks that Sanchez Hughes Corporation be removed as the low bidder based on their withdrawal and authorize RHA to award the contract to the second lowest bidder as staff has confirmed everything was in order. Responding to question, he said the previous bid was $39,236 and the new one is $41,724, so there was a small difference. Councilmember/Member Finerty moved to, by Minute Motion, authorize Rancho Housing Alliance, Inc. (RHA), to award Rehabilitation Contracts to: 1) Mostar Heavy Equipment, Fontana, California, in the amount of $41,900 for rehabilitation of the NSP home located at 74-131 El Cortez Way; 2) AA Max Quality Construction, Indio, California, in the amount of $41,724 for rehabilitation of the NSP home located at 77-115 Florida Avenue — funds are available for these projects in Account No. 870-4496-466-4001. Motion was seconded by Kroonen and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 4 TO CONTRACT NO. C23760 — REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE COOK STREET WIDENING BETWEEN FRED WARING DRIVE AND FRANK SINATRA DRIVE (PROJECT NO. 601-05). Mr. Greenwood noted the staff report which indicated this project had been before the City Council a number of times in the past starting in 2005. The current request was to approve Amendment No. 4 to the City's agreement with CVAG. This Amendment sets specific triggers for when phase one and phase two improvements will be performed. Mr. Wohlmuth stated this was one of those projects funded from a variety of funds, including the City's portion being Redevelopment Agency and CVAG's portion being Regional Funds, Measure A, and TUMF. On the redevelopment side, this project is ready to go given the attack by the Governor on redevelopment funds. He informed the City Council that he authorized Public Works Department to go out to bid in order to get them back before the February 24 meeting for Council to consider award of contract to get construction started and obligate redevelopment funds prior to March 1. He said it was the City Council's choice if it wished to amend staffs recommendation. Councilmember Finerty was in favor of getting it done as quickly as possible. Councilmember Finerty moved to, by Minute Motion: 1) Approve Amendment No. 4 to the subject Reimbursement Agreement with CVAG for the Cook Street Widening Project between Fred Waring Drive and Frank Sinatra Drive; 2) authorize the Mayor to execute said Amendment — there is no funding required with this action. Motion was seconded by Spiegel and carried by a 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 B. CONSIDERATION OF A FUNDING REQUEST TO SPONSOR THE 2011 VIRGINIA WARING INTERNATIONAL PIANO COMPETITION TO BE HELD IN PALM DESERT. Councilman Kroonen moved to, by Minute Motion: 1) Approve sponsorship in the amount of $10,000 for the 2011 Virginia Waring International Piano Competition; 2) appropriate $10,000 from the Unobligated General Fund to Special Events Account No. 110-4416-414-3062 for this purpose. Mayor Pro Tem Spiegel stated this item needed to be discussed, because the request originally came from the Marketing Committee six months ago. At that time, the Marketing Committee endorsed $25,000 for the Piano Competition and then the request was presented to the City Council, which did not pass on a 3-1 vote. A second motion was made for $10,000, but received no action on a 2-2 vote, which is why it's being considered today. He said the Marketing Committee has saved $50,000 this year, because it has not been using its budget until just recently. He would like to move for approval for a higher amount. Councilmember Finerty seconded the motion. Councilman Kroonen agreed with Mayor Pro Tem Spiegel to approve a higher amount than $10,000. He's familiar with the work of this competition for many years and continues to be impressed for what it did for the Palm Desert community. He said this was a signature cultural event for Palm Desert that involved hundreds of local people that among other things open their homes to participating students, attracted many to the community, and is part of the cultural mix that this City has always engendered. He said the City received talented people from all around the world, and it was an enriching experience for the community to illustrate support for it. He only needs to point out that each year at the conclusion of the event, there is a standing -room only performance in the McCallum Theatre, which is the only event that has any charges associated, which are modest. He said the event filled up that one year he wasn't able to get in because it was sold out. He said there was a coterie of local people who are not just working on this event, at no expense to the City, but who are supporting it by their attendance at the various performances that are carried out in the course of the competition. He said this event complimented the other works the City did on the cultural side, summer concert series and the youth's art and essay contests, which are assets to the City. He said this event fits in the mix and it cost the City so little, in addition to whatever contribution it made, yet it received so much input. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 Councilman Kroonen amended his motion to the recommendation of the Marketing Committee for a $25,000 sponsorship. Motion died for lack of a second. Mr. Erwin explained the previous action of the City Council, which was to approve an increase of $10,000 to $25,000 was rejected by the Council on a 3-1 vote; therefore, any reconsideration for that amount needed to be made at that meeting. The motion that wound up being a 2-2 vote with no action was for $10,000, which can be acted upon by the City Council for any amount Tess than $25,000. Further responding, he said the item could be reconsidered for an amount lesser than $25,000. Mayor Benson stated she agreed with Councilman Kroonen's comments as she has been part of the Virginia Waring since its inception when Palm Desert was the only City in the Valley that really stepped up to help them get started. However, the City has a process in awarding funds and that process was not followed in this case. She said it was only fair to other agencies that were denied money, but she would be willing to reconsider at the $10,000 amount. She said when this was originally requested, the City Manager found $10,000 to support the event, and if this request passes, it needs to be clear there is a process, get requests in on time, and perhaps the amount one originally asks for is granted. She said if the Council made an exception on this, it is the last time. Mayor Pro Tem Spiegel stated the minutes reflected that Virginia Waring did submit their request, but were denied, so they presented their request to the Marketing Committee. He pointed out the City Council recently approved $20,000 to the Animal Campus, which is an outside agency; therefore, this request was not unique. Councilmember Hamik stated she understood the event provided room nights and generated revenue, but wondered how the schools benefitted from the event. MS. PEGGY CRAVENS thanked the Council for the opportunity to respond to the question about how schools benefitted and they are as follows:: 1) The outreach concerts have four to six winners who are brought back to the Desert to perform for free at local Palm Desert schools and offered free concerts at Washington Carter, Palm Desert Middle and Palm Desert High School; 2) The Waring offered 35 free hours of music to the public during the time of the competition; 3) Seventy percent of the attendees to the competition and the final concert live in the City of Palm Desert; 4) On Saturday, March 26, 2011, a free Master Class is being offered for all local piano students; 5) On Friday, April 2, 2011, two Master Classes are being offered for the Waring contestants, which are free to the public. The Virginia 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 Waring Piano Competition (VWIPC) made its debut honoring the former International Concert pianist known professionally as Virginia Morley in January 2005 in the facilities of College of the Desert, McCallum Theatre, and other local venues such as St. Margaret's Church. She said the event was not only recognized nationally but intemationally as well. She introduced MS. ANN GRIER who would provide additional statistics. MS. ANN GRIER stated that when the competition first started, there was no outreach program, but now they have one. She said they make contact with the schools to arrange for time with them. If the school has a piano, they bring in someone to tune the piano. If there is no piano at the school, one is delivered, which is what they did with Washington Carter, because they only had an upright. She said a study guide is provided where they try to make connections to music and other standards for education, which is being expanded. This year they are adding a new component, which is a free Master Class for the local piano students. Additionally, they arrange and pay for bussing to bring students to the competition site to listen to the pianists during the week when school is in session. Afterwards, the pianists will meet with students taking them into a practice room and explain and show how the piano works. She said many students have not seen a concert grand or a seven -foot grand piano up close. Further responding, she said about 1,800 students benefit from the program. She went on to say she was thrilled to hear about the new performing art complex being built at Palm Desert High School that is going from 150 to 347 seats, which meant when they provide three assemblies there, they will reach almost 1,000 students. She confirmed all the performance activities took place in the City of Palm Desert at Cal State on Cook Street. She said when they were at the Pollock Theatre at College of the Desert, the maximum seating was 120 and the one on Cook Street is 300. Councilman Kroonen stated he knew what a contribution the Virginia Waring was to the College of the Desert (COD) to have the competition housed there and has always regretted that Cal State now gets all the fun. MS. CRAVENS stated she recently had a conversation with President Patton and is looking forward to the competition returning to the COD campus, which will happen. Additionally, now that they've learned there was a performing art center being built at the new PDHS, she was sure it will return. Mayor Pro Tem Spiegel moved to amend, by Minute Motion: 1) Approve sponsorship in the amount of $20,000 for the 2011 Virginia Waring International Piano Competition; 2) appropriate $20,000 from the Unobligated General Fund to Special Events Account No. 110-4416-414-3062 for this purpose. Motion was seconded by Kroonen and carried by a 3-2 vote, with Finerty, Benson voting NO. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 Councilman Kroonen commented that in Tight of recent history of perceptions in the community, this was the first issue the Council had a split vote. He wanted to assure everyone that he hadn't felt any daggers coming from his colleagues. He said the Council can have agreeable disagreements and no one should draw any conclusion that the Council was falling apart because it disagreed. MS. ANN GRIER stated she heard the Council loud and clear about procedure, but she did not know the request had to go through the Outside Agency Funding. She said it wasn't an excuse, but just wanted the Council to know her application will be filled out and submitted on time in the future. She said her confusion was that she thought Outside Agency Funding was for social services and her organization wasn't part of that. Mayor Benson stated it was not that the Council was against the event, because it appreciated and understood the value the event had for the community, but the City had a process in place. She thanked them and wished them luck. C. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE PALM DESERT EMPLOYEES ORGANIZATION (PDEO), EXTENDING THE EXPIRATION DATE TO MAY 31, 2011. Councilmember Finerty moved to, by Minute Motion, approve Amendment No. 2 to the subject MOU with the Palm Desert Employees Organization (PDEO), extending the expiration date to May 31, 2011. Motion was seconded by Hamik and carried by a 5-0 vote. Mayor Benson noted the Memorandum of Understanding was set to expire at the end of April, and this action carried it onto May 31, 2011, to allow negotiations with employees. D. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 TO THE REIMBURSEMENT AGREEMENT WITH SUNRISE DESERT PARTNERS FOR STREET IMPROVEMENTS ASSOCIATED WITH THE TOSCANA COUNTRY CLUB DEVELOPMENT (CONTRACT NO. C18172). MR. PHIL SMITH, Regional President of Sunrise Company, thanked the Council for considering the request. He said the staff report was thorough and accurate, and they were in agreement with the recommendation. Councilman Kroonen moved to, by Minute Motion, approve Amendment No. 2 to the subject Reimbursement Agreement with Sunrise Desert Partners and authorize the Mayor to execute said Amendment. Motion was seconded by Finerty and carried by a 5-0 vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A NEW, 60-FOOT-HIGH T-MOBILE MONO -PALM TELECOMMUNICATIONS FACILITY CONSISTING OF SIX PANEL ANTENNAS, ONE GPS ANTENNA, ONE EMERGENCY GENERATOR, ONE PARABOLIC ANTENNA, FOUR BTS RADIO CABINETS, COAXIAL CABLE RUNNING FROM THE ANTENNAS TO THE BTS, POWER AND TELCO UTILITY CONNECTION TO BE INSTALLED AT 47-900 PORTOLA AVENUE, APNs 630-250-045 and 655-230-019 Case No. CUP 09-236 (T-Mobile West Corporation, Applicant). Assistant Planner Missy Grisa stated this was a request by T-Mobile to build a Mono -Palm at The Living Desert, Conditional Use Permit 09-236. The property is located within The Living Desert, and zoned Public Institution, and the General Plan is Public/Quasi-Public Facilities. The adjacent zoning and land use surrounding this project is open space to the north with more living desert in the Haystack Natural Area; the south is zoned Public Institution where the reserve is located; to the east is the City of Indian Wells; and to the west are Residential, R-1 10,000, R-1, and PR-6. The location presented today is a revised submittal of a previously continued case, which was from a year ago since it first came through. The Architectural Review Commission approved the first submittal subject to conditions on November 10, 2009, on a 6-0 vote. The case continued on to the Planning Commission where the project was approved and the motion carried on a 4-1 vote. The proposed Mono -Palm was called up by the City Council and continued on January 14, 2010, for the Applicant to find a different location. The original location was close to Portola Avenue that required a separation distance exception, which was approved by the Planning Commission, but the City Council preferred a separate location to be looked into. The current design was approved by the ARC on December 14, 2010, subject to conditions that the equipment shelter is screened by landscaping, which the Applicant agreed to do immediately. The Planning Commission approved the revised case subject to conditions by a 5-0 vote on January 4, 2011. Since the original case was called up by the City Council, the revisions are presented to the Council for its approval. Approval of the proposed Conditional Use Permit will allow the installation of a 60-foot tall Mono -Palm Telecommunication Facility. The mono -palm is located to coincide with a grove of live existing trees; no new live palms are proposed to help disguise the wireless facility. All antennas are concealed inside the palm trunk, but there is one dish that is exposed that faces away from public view and public right-of-way. All equipment is screened within an equipment shelter that is behind the existing grove trees. Legal notices were published and mailed to property owners and staff received no feedback in opposition or in favor. She displayed an ariel view 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 of the site and described the location of the mono -palm. Responding to question about the location of the original request, she said the original request was located within 300 feet from residential properties, closer to where Haystack Road came onto Portola Avenue. Mayor Pro Tem Spiegel stated that was the location where residents from either side of the street objected. Ms. Grisa stated no residents objected to that application either. Mayor Benson said that case was called up and a resident from Casa Blanca was in opposition of the first submittal. Ms. Grisa stated she didn't recall that happening. Further responding, she said the revised submittal was more than 600 feet away from any residential properties. She went on to display and explain where the equipment shelter was located in the mono -palm, which is surrounded by an 8-foot high wall with a rod -iron gate that will be locked when not in use; the wall will be designed to match existing walls on site; and the adjacent heights of the trees range anywhere from 20- to 47-feet. She displayed perspectives and photo simulation views from the main parking lot and back area of the park. She asked that Council approve staffs recommendation. Mayor Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2011- 5, approving Case No. CUP 09-236, subject to conditions. Motion was seconded by Finerty. Councilman Kroonen asked if The Living Desert was getting any revenue out of this. Mayor Benson answered yes, stating The Living Desert would receive about $15,000 a year. Ms. Klassen announced the motion carried on a 5-0 vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of January 14-19, 2011. With City Council concurrence, the City Manager Meeting Summaries was received and filed. 2. University Plannina Committee and "Ring Road" Proiect - Mr. Wohlmuth stated he scheduled a University Planning Committee for February 10 at 2:00 p.m. He said Cal State University, San Bernardino will be represented there, including Dean Jandt, but unfortunately, Chancellor White was not available. He said he'll try to schedule him at a later date for the City Council to visit with him and discuss other issues as well. He requested that Richard Olds the Dean of School for Medicine and Professor Mike Allen for Center for Conservation Biology to attend the meeting, because two of those projects have been of concem to the City Council, and both will be available to attend the meeting. Responding to question, he said he didn't know if President Kamig would attend, but he would give him a call. With respect to Ring Road, the landscape view corridor is not progressing because of funding issues, which is $1.5 million of Redevelopment Funds in the City's agreement with them. The Landscape Corridor project has been reviewed and approved by the Beautification Committee, but there are no funds to implement. Since the design and engineering has been complete for more than a year, he is recommending going out to bid and consider funding it after the February 10 meeting. He said request for bids will need to go out now in order to consider and obligate the funds prior to March 1. His recommendation was to authorize Public Works Director to send the Ring Road project out for bids, have the City Council consider if they want to award it after the University Steering Committee, otherwise the funds are at risk of being taken by the State. Further responding, he said he had the authority to authorize bids to go out, but he just wanted to make the Council aware. Mayor Benson asked when would Chancellor White be available, because he's the one the Council really wanted to meet with. Mr. Wohlmuth said he would agree to reschedule the meeting until the Chancellor was available, but it would probably be the end of February or March. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 Mayor Benson stated that instead of having two meetings, she would prefer to reschedule the meeting for when the Chancellor was available, because the City donated the land for a College, and the Council wants it used for that purpose. Councilmember Finerty concurred. Mayor Pro Tem Spiegel stated if the Ring Road project wasn't done now, it may never get done, yet the City committed the funds 1-' years ago and believed the stop light was already installed. He said Cal State agreed to maintain the improvements, the funds were obligated, and he was in favor of getting it done. Mr. Wohlmuth suggested sending the documents out to get bids, have Council consider this item at the time of award, and reschedule the University Planning Committee for a time when Chancellor White was available. Councilmember Finerty agreed, stating the Chancellor should be equally concemed about the funds for Ring Road. Mr. Wohlmuth said this was not an agendized item, because he had the authority to direct staff to go out to bid for the Ring Road project unless he heard concerns from the Council. 3. Animal Campus Position on Adoptions and Fostering - Mr. Wohlmuth stated he met with Supervisor Benoit and Director of the Department of Animal Services Rob Miller, and they came to a tentative agreement on the Adoption Rescue Coordinator position. He said Supervisor Benoit was concerned the position may not be hired by the County because of other issues. They have negotiated with Animal Samaritans to cover that position and told he would receive a one - letter agreement early next week from Animal Samaritans for the City's commitment to help fund that position. He said the City of Rancho Mirage committed to funding up to $20,000, and the City of Indian Wells will consider this issue next Thursday for a substantially lower amount. He hadn't received a phone call back from the City of La Quinta, but will work with City Manager Tom Genovese on this matter. Mayor Benson stated she spoke with Mr. Miller to send out letters to other agencies that dealt with animals that might want to participate, which he did. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 B. CITY ATTORNEY None C. CITY CLERK Ms. Klassen reminded Councilmembers of the Study Sessions for Committee/Commission Interviews scheduled for Friday, January 28, and Monday, January 31, 2011, starting at 9:00 a.m. on both days. 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: None o City Council Consideration of Travel Reauests and Reports: 1. League of Califomia Cities Conference - January 19-21.2011 - Councilman Kroonen stated he and Councilmember Hamik were in Sacramento for three days and attended good events there and had the opportunity of hearing Govemor Jerry Brown speak. He said this was the early stage of the discussion of the budget, the topic which was on most everyone's mind, the fate and future of Redevelopment Agencies. He heard the Govemor say a couple of things he felt were worthy of making notes on, which he wasn't specifically familiar with was that California had a $1.9 trillion economy and, although it was currently stumbling, there seemed to be clear signs that the economy was improving and moving forward. He said things will get better and encouraged everyone to be optimistic, which were his own words. He reported that Govemor Brown had said,"... find common ground and all work for the benefit of the State at large, think of ourselves as Californians first and 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 come together to solve problems mutually." He and Councilmember Hamik had an opportunity to visit at length with the three local representatives, Senator Emmerson, Assemblymen Nestande and Perez, which helped establish a nice rapport for ongoing relationships with those in Sacramento. Additionally, one of the most notable persons he met was a new Councilman by the name of Omar Onelas who is on the City Council for the City of Lathrop and is only 19 years old. He said Mr. Onelas announced to him that he will be President of the United States one day. Councilmember Harnik said the conference was for newly elected councilmembers and mayors. However, there were several people there who had been on a council for several years, but perhaps this was their first opportunity to sit as a mayor. She gathered so much information that a lot can be learned from other cities. She agreed with Councilman Kroonen that they had a wonderful opportunity to meet with the local elected, one democrat and two republicans, they all seemed to be on the same page about redevelopment agencies and enterprise zones, and that they are doing everything they can to protect them. She said the Govemor did appear with tremendous grace, warmth, and humor, and told everyone he was taking all the money away from redevelopment; the Govemor did his very best to soften the blow. She said one thing everyone knew was that this was not an easy thing to get out of no matter what happens, and, everyone will have to work together up and down the State to get the State back in order to what Califomia is suppose to be. o City Council Committee Reports: 1. Short -Term Rental Committee - Mayor Pro Tem Spiegel said he and Mayor Benson met this past week on short-term rentals, stating a couple of changes will hopefully take effect if the City Council agreed. One of them was a minimum of a three-day rental rather than a one-night rental. He said that item will be forthcoming to the City Council for consideration in another month and hopefully the Council will agree that some of the restrictions are good for the City. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 2. Chamber of Commerce Retreat - Mayor Pro Tem Spiegel stated he attended this retreat and a presentation was made on the new jail and location. He said Vice Chief Thetford and two representatives for Coachella Valley Association of Governments (CVAG) spoke, one in favor of the location and two in opposition. When the Chamber voted, the vote was 12-6 to approve the idea of a jail, but not at the proposed location in the Valley. He himself abstained on the vote. He went on to say that Palm Desert Chamber of Commerce President/CEO Barbara deBoom was named Rotary Person of the Year; a dinner in her honor is being planned for the next few months. 3. Palm Desert Library Renovation - Mayor Pro Tem Spiegel stated he spoke with Councilman Gordon Miller from the City of Rancho Mirage and discussed the fact that Palm Desert's Library would be closed for a minimum of four months and asked if his library was available. Mr. Miller checked on it and responded their library could be used at no cost. He said City Manager John Wohlmuth confirmed that information with their City Manager. Mayor Benson stated she is the liaison to the Library Promotion Committee and the idea of closing the library was discussed at length and whether it would be best to move to another location during the renovation. If the Library was moved to another location, the cheapest place was around $200,000, which didn't include moving costs and wouldn't be as convenient; therefore, the consensus was to close it, get the work done, and reopen. She said if the work was done in phases, one half would be all finished taking the dust from other sections as work progressed and it wouldn't look as bright and shiny. She said the City had Palm Desert Country Club, the Book Mobile, the Cities of La Quinta and Indio, and partners in LSSI were willing to help with the closing of the Palm Desert Library. She pointed out Cathedral City Library was closed for almost six months due to their fire. She said the better part of the economics was just to close down the library and get it done, which made the architects very happy, because they were worried about doing the work in phases. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 o City Council Comments: 1. University of Califomia. Irvine (UCI) - Councilman Kroonen stated staff from RDA, Mr. McCarthy, and Senior Management Analyst Catherine Walker organized a meeting with two fascinating UCI representatives in their respective roles with California Institute for Telecommunication and Information Technology. The idea was how they could participate in advising on the further development of the Carlos Ortega Villas to provide beyond state of the industry facilities there as they are being developed. He said in terms of technology, he was out of date, but the information was an eye-opener and appreciated the opportunity to participate. 2. Desert Willow Grand Openina of the Kitchen/Terrace Expansion - Councilman Kroonen stated he enjoyed the opening as it was a great event, and the Mayor provided a great speech as she always did. Councilmember Hamik agreed, stating the improvements were impressive. 3. Desert Arc Art Show at the Palm Desert Historical Society - Councilman Kroonen stated he enjoyed the art show and it was a treat to witness. 4. Plaaue Dedication for the Portola Community Center - Councilman Kroonen said he represented the City in the unveiling of the plague designating the Portola Community Center a city historical landmark. 5. Openina of the new Palm Desert Visitor Center - Mayor Benson said the Council was in attendance and commended Visitor Center Manager Donna Gomez and staff for their gracious reception. She said it was a credit to a good location that about 150 people a day came through since they moved to the new location, which was a great improvement. She said the building looked good and the opening was well attended, and it will be a great asset to the City. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 o Suaaested Items for Future Citv Council Meeting Agendas 1. Mayor Pro Tem Spiegel stated he received a letter that went to the City Council and City Manager on January 6, 2011, from Mary Helen Kelly asking the City Council to consider naming a road in the City for Dick Kelly, and he would like to have it on the next City Council Agenda. Councilman Kroonen asked if there was a policy regarding "naming" in the City. Mayor Pro Tem Spiegel answered no. Mayor Benson stated the City received a lot of requests for it, but Palm Desert didn't have a written policy and just never did it. XIX. ADJOURNMENT Upon a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting at 5:19 p.m. ATTEST: RAHELLE I . KLASSE CITY CLERK CITY OF PALM DESERT, CALIFORNIA E M. BENS N, MAYOR 24