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HomeMy WebLinkAbout2012-03-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 22, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilmember Cindy Finerty Councilmember Jan C. Harnik Mayor Pro Tem William R. Kroonen Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Justin McCarthy, Assistant City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Frankie Riddle, Director of Special Programs Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Stephen Y. Aryan, Risk Manager Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Mr. Erwin stated that following posting of the agenda, an item had arisen, and he requested City Council's consideration of adding it to the agenda: B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1. Sierra Club, et al., v. City of Palm Desert, et al., and Cornishe of Bighorn, LLC, Court of Appeal of the State of California, Fourth Appellate District, Division Two, Case No. E052300 (Superior Court Case No. INC084911) On a motion by Spiegel, second by Kroonen, and 4-0 vote of the City Council, with Finerty ABSENT, the aforementioned item of existing litigation was added to the agenda for Closed Session. Upon a motion by Kroonen, second by Benson, and 4-0 vote of the City Council, with Finerty ABSENT, Mayor Spiegel adjourned the meeting to Closed Session at 3:02 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem William R. Kroonen VII. INVOCATION - Councilmember Jan C. Harnik 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 VIII. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. MR. FRED SAUNDERS, Animal Samaritans, presented "Sophie," a small, black, terrier -mix, young -adult dog, who was available for adoption at their facilities. He encouraged anyone looking for a pet of their own to open their hearts and seek one out at the local public shelters, because there were many wonderful animals available there. As an update, he reported that Animal Samaritans has now rescued 1,300 animals from the Coachella Valley Animal Campus, placing them as far away as Sacramento and Canada. He thanked the City for its generosity in making that happen and hoped that the program could even be expanded. He noted that Animal Samaritans was planning a "Walk With the Animals" on Saturday, March 31, in Palm Desert Civic Center Park, beginning at 8:00 a.m. to around noon, with a drawing for a bicycle being held for a lucky boy or girl, along with other prizes to be given away. There was no charge for the walk, but donations were gladly accepted to support their educational outreach program. He said the event would also include a petting zoo, games, K-9 demonstrations, and he invited everyone to participate. With City Council concurrence, Mayor Spiegel suspended the agenda at this point in the meeting in order to take up Section IX. - Awards, Presentations, and Appointments. Following the presentations, he resumed with Oral Communications - B (B.) - General. B. MR. KENNETH DORAN, Palm Desert, addressed the City Council, saying he was unable to be at the last meeting to comment on the agenda; however, he felt it wouldn't have mattered. He said the City Council already made up its mind, knowing full well how he felt about the situation. Today, he wished to say, especially to the residents, that there cannot be one rule for one person and another for everyone else. He was puzzled why the Council couldn't understand that, and their response would be that it was one incident that had taken place; but it wasn't. No one called him. He said right now, there are City staff members working who are not qualified to do the job they are doing and making well over $100,000 for it. They don't have a degree or relevant experience, but no one called him to find out this information. He admonished that this was something that would have to be explained to the residents. He reiterated the question why there was one rule for one person and another for everyone else, and he didn't know why the Council couldn't answer it. He said if they felt that strongly about their actions, he hoped when this election comes and they're all before the Editorial Board and other associations, that they stand up and say they are 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 honorable, have integrity, and stand by their decision — they shouldn't hide from it. MR. DAN STIFFLER, Sunset Lane, Palm Desert, came forward to bring up four issues that concerned him regarding dogs. First, with regard to trails and the likelihood of even more encroachment, he advised that he hikes five or six times per week on the Schuler, Bump-N-Grind, Herb Jeffries, and Hopalong Cassidy Trails. Three out of four times this week he'd encountered dog excrement on trails where dogs were prohibited, pointing out that he was a longtime dog owner and personally loved dogs. He cited a current request to take away more of the Cassidy Trail and felt what would happen there would be even worse. He proposed giving them the Cassidy Trail to get up to the cross, if that was the goal, but urged the City to hold some Trails dear, with about 1 % - 2% of the system prohibiting dogs currently. He said that left the majority of the Trails open to dogs, and there was also a nice dog park in the City. He loved dogs but also felt there was a time and place for them, acknowledging that it was not their fault but that of the owners. Secondly, he felt Wednesday's Farmers Market did a good job and the City was doing well to support them. The Market consistently posts signs announcing that dogs are not allowed there, which was greatly appreciated. However, some patrons choose to ignore the regulation, believing it's meant for someone else's dog. Thirdly, he said there was a dog problem at the Street Fair; however, they are inconsistent about posting the prohibition. He said it was a total disregard for the rules there, with dogs commonly being encountered, especially when trying to enjoy a meal at the food court. He felt it should be posted there all the time, and then people would know the seriousness. Lastly, he briefly touched on the barking dogs surrounding his residence. He asked for the City's Animal Control Officer to issue more citations, make violators pay the $50 fine, and start enforcing the rules. He volunteered to help with the cause, offering that for every $50 citation issued and collected on, he'd match the $50 up to 10 dogs. He strongly reiterated his request for enforcement of dog rules in the City of Palm Desert, as he felt it was a real problem here. Mayor Spiegel asked Mr. Wohlmuth to contact Mr. Stiffler about the matter to find a resolution. MR. MATT MONICA, Member of the Desert Sands Unified School District (DSUSD) Board of Education and resident of Peppergrass Street, Palm Desert, said he believed the City Council was unaware of the magnitude of the impact it made on Palm Desert children, along with the model leadership role it serves in the Coachella Valley. He commented that Sallie Fraser was an extraordinary Principal, and even though there are 34 schools in the District she represented one of the reasons DSUSD was known as the "Lighthouse District." He acknowledged Dr. Kroonen's major 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 impact on the DSUSD Board of Education for all of the above, and he was delighted to have served there with him for 12 years. He looked forward to the upcoming Two -by -Two Committee Meeting between Councilmembers and DSUSD Board Members on April 9. Even during these difficult economic times, he said the support provided by the City of Palm Desert often meant the difference in being able to offer a program. Desert Sands Unified School District was known as the "Lighthouse District' for a number of reasons, one being the Robotics Team at most all school sites that the Board unanimously supports, including the funding component, even if at a lower level than previously. He commended the City Council for its phenomenal vision, noting that the Robotics Team has won first place awards locally, regionally, Statewide, and it continues to compete nationally as well. He went on to further commend the City for its strong public safety commitment and stated that all residents and schools were safer because of it. He noted that Mayor Spiegel and the City were one of the first inductees in the "Lighthouse" Hall of Fame. In closing, he was very proud to be a resident and recalled his Rotary friendship with former Councilman Dick Kelly where they often bantered about the City considering adopting the moniker of "Flagship City" of the Coachella Valley, and he hoped the City Council might consider this suggestion. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MARCH 22, 2012, AS "SALLIE FRASER DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel presented the framed proclamation to Palm Desert Charter Middle School (PDCMS) Principal Sallie Fraser in recognition of her fervent dedication to helping students achieve their very best, including spearheading creation of an innovative Robotics Program and what is likely the only dedicated lab for this purpose at a middle school in the entire United States. As a result, the PDCMS Robotics Class has become one of the best anywhere, winning over 40 trophies and awards in seven years' time while competing at the high school level. MS. FRASER graciously accepted the recognition and introduced PDCMS Robotics Advisor Reginald Clark and Robotics Participants, who came forward to be recognized and displayed their various, unique medals and trophies. Students presented Ms. Fraser with a bouquet of flowers. She congratulated Mr. Clark and the students for their tremendous achievements beyond anything imagined when she conceived of this program at their school, hoping that it would inspire students to go on to even greater levels of success in science, math, and all their future endeavors. Additionally, she 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 heartily congratulated the parents for all their involvement, support, and encouragement of their students. MR. CLARK said that because the students had worked so hard and done so well, the Team accepted the challenge to participate in the Global Conference on Educational Robotics in Oahu, Hawaii. He noted that they were all very excited but promised to keep focused and on task in that beautiful venue. He said they'd been to Hawaii in 2007 and placed 16th overall; this time they were both a much better team better prepared, so they look forward to even greater success. He noted that the tournament was sponsored by the biggest names in technology throughout the world, including Naval Research Laboratories, NASA, and the Jet Propulsion Laboratory. Mr. Wohlmuth acknowledged that Desert Sands Unified School District Board of Education Members Matt Monica and Gary Tomak were present to celebrate along with Ms. Fraser and the students. B. PRESENTATION TO RECOGNIZE CAPTAIN ANDREW SHOUSE FOR HIS VALUABLE CONTRIBUTIONS TO THE CITY OF PALM DESERT AS ITS ASSISTANT CHIEF OF POLICE FROM OCTOBER 2008 TO FEBRUARY 2012. On behalf of the City Council, Mayor Spiegel and Mr. Wohlmuth presented Captain Shouse with an engraved, blue marble plaque, recognizing his service to the City as its Dedicated Lieutenant and Assistant Chief of Police. CAPT. SHOUSE thanked the City Council and staff for the great pleasure of working in the City of Palm Desert, both personally and professionally, over the last three and a half years. He additionally took the opportunity to once again introduce the City to its new Captain and Chief of Police, Kevin Vest, who joined him at today's meeting. He said Palm Desert was in very good hands with both Capt. Vest and Lt. Sullivan. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 8, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 198, 199, 203, and 204. Rec: Approve as presented. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Kabobz Mediterranean Restaurant and Market, 77-932 Country Club Drive, Unit 2-4, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mimmo's Italian Restaurant & Bar, 73-540 Highway 111, Suite 4 & 5, Palm Desert. Rec: Receive and file. E. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 2012 - 16 for March 2011 Records; 2) 2012 - 17 for April 2011 Records; 3) 2012 - 18 for May 2011 Records. F. REQUEST FOR APPROVAL of Program Supplement Agreement No. 009-N for Highway Safety Improvement Program Funds Between the City of Palm Desert and the State of California Department of Transportation (Caltrans) for Fred Waring Drive at San Pascual Traffic Signal Modification Project (Project No. 566-05). Rec: By Minute Motion: 1) Approve subject Program Supplement Agreement No. 009-N between the City of Palm Desert and Caltrans; 2) authorize the Mayor to execute the Agreement — funds are available in Account No. 234-4276-422-4001 - Traffic Signals, with Reimbursement to be made from the HSIP Funds by Caltrans. G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C30790 — Landscape Maintenance Area No. 7 (Project No. 907-11). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the decreased amount of ($3,825) to the subject contract with Pinnacle Landscape Company, Santa Ana, California; 2) authorize the Mayor to execute said Change Order — funds are available in their respective Landscape and Lighting Assessment District Accounts. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26670A — Miscellaneous Drainage Improvements Project (Project No. 520-05) (Tri-Star Contracting II, Inc., Desert Hot Springs, 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. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31150 — McCallum Theatre Parking Lot Landscape Retrofit Project (Project No. 967-12) (Horizon Professional Landscape, Coachella, 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. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31320 — Refurbishment of Well No. 2 at Desert Willow Golf Resort (South West Pump & Drilling, Inc., Coachella, 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. CONSIDERATION of Legislative Review Committee Recommendation on SB 986 (Dutton) — Disposition of Bond Proceeds from Former Redevelopment Agencies. Rec: By Minute Motion, concur with the Legislative Review Committee's recommendation and approve the recommended letter of support for SB 986 (Dutton). L. REQUEST FOR APPROVAL of the Revised Citizens On Patrol (COPS) Manual. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission and approve the Revised COPS Manual as presented. M. INFORMATIONAL REPORT on Multi -way Stop Control Installation on Alessandro Drive at San Luis Rey Avenue. Rec: Receive and file. Upon a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2012 - 19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. Mr. Wohlmuth stated the Council probably heard about the Whitewater Parkway Project or the 1e11 Parkway Outreach Program that Coachella Valley Association of Governments (CVAG) and Supervisor Benoit are supporting and seeking South Coast Air Quality Management Funds. He said CVAG is also looking for state transportation dollars to assist in the design and engineering of that parkway. They have located a transportation grant from Caltrans, and in this particular grant, an organization can receive up to $300,000 of the $3 million available by this Transportation Commission. Unfortunately, CVAG is unable to apply for this grant and has asked the City to be the recipient and them being the sub -recipient. He noted CVAG Transportation Director Allyn Waggle was present this evening to answer any questions. Staff recommended approval of the proposed Resolution allowing for the application of a grant for the Whitewater Parkway for design and engineering, and transportation programs. Mayor Pro Tem Kroonen moved to waive further reading and adopt Resolution No. 2012 - 19. Motion was seconded by Harnik and carried by a 5-0 vote B. RESOLUTION NO. 2012 - 20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (PUB. RESOURCES CODE §§ 21000, ET SEQ.). Principal Planner Tony Bagato stated this was the annual update of the local guidelines, which is done often when there are no major changes. Councilmember Finerty moved to waive further reading and adopt Resolution No. 2012 - 20. Motion was seconded by Kroonen and carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 C. RESOLUTION NO. 2012 - 21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE CITY'S FISCAL YEAR 2009 HOMELAND SECURITY GRANT APPLICATION AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT APPLICATION AND ALL OTHER GRANT DOCUMENTS. Mr. Aryan stated the City recently held two Community Emergency Response Team (CERT) training courses and adoption of the Resolution will allow the City to get reimbursed for half the cost, which is $6,718. Councilmember Finerty moved to waive further reading and adopt Resolution No. 2012 - 21. Motion was seconded by Kroonen and carried by a 5-0 vote. XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1234 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE - PERSONNEL SYSTEM - BY DELETING SECTION 2.52.555 - ELECTRONIC MAIUINTERNET POLICY - AND REPLACING IT WITH SECTION 2.52.555 - TECHNOLOGY AND ELECTRONIC COMMUNICATIONS POLICY. Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1234. Motion was seconded by Kroonen and carried by a 5-0 vote. 2. ORDINANCE NO. 1235 - 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 PLANNED COMMERCIAL DISTRICT, SINGLE-FAMILY RESIDENTIAL 9000, AND OFFICE PROFESSIONAL TO PLANNED RESIDENTIAL, 16 UNITS PER GROSS ACRE, EXHIBITS A, B, AND C ATTACHED (APNs 637-071-002, 637-170-003, 637-170-004, 637-170-007), Case No. C/Z 11-200 (Successor Agency to the Palm Desert Redevelopment Agency/Palm Desert Housing Authority, Applicant). Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1235. Motion was seconded by Harnik and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 3. ORDINANCE NO. 1236 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 3.28.020 - TRANSIENT OCCUPANCY TAX; ADDING CHAPTER 5.10 - SHORT-TERM RENTALS; AND REPEALING SECTIONS OF CHAPTER 25 - ZONING, REQUIRING A CONDITIONAL USE PERMIT FOR SHORT-TERM RENTALS. Principal Planner Tony Bagato stated there were some changes made as discussed at the previous meeting, which are covered in the staff report; he offered to review them with the Council. Councilmember Harnik stated staff did a great job on this Ordinance, because it removed any ambiguity, it addressed the issue, and it will produce revenue for the City. Mayor Pro Tem Kroonen moved to waive further reading and adopt Resolution No. 1236. Motion was seconded by Harnik and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR DIRECTION TO STAFF CONCERNING ISSUANCE OF A TEMPORARY USE PERMIT FOR GREATER THAN 10 DAYS IN A CALENDAR YEAR TO ALLOW RECREATIONAL VEHICLE SALES AT 34-220 MONTEREY AVENUE (SAM'S CLUB), Case No. TUP 12-101 (Mike Thompson RV, Applicant). Assistant Planner Kevin Swartz stated that special or private events require a Temporary Use Permit (TUP), which allows an Applicant to use up to ten days per calendar year. In this case, the Applicant is requesting 62 additional sales days through the end of the year within the Sam's Club parking lot during the months of April, September, and November. Each of the events will take place Wednesday through Sunday of each week in those months from 9:00 a.m. to 5:00 p.m. If approved, staff is recommending the following conditions: 1) The Applicant must obtain a daily City Business License for all dates on which the temporary use is conducted; 2) applicant must apply for and be granted by the State Board of Equalization a sub -location for the Palm Desert site and must credit Palm Desert as the point -of -sale for all revenue generated from transactions. He noted the Applicant was present to address the Council. Councilmember Finerty asked about the sales tax that has been paid to the City. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 Mr. Swartz responded the Director of Finance informed him the numbers came from the State Board of Equalization; unfortunately, they are six months behind. Therefore, the only actual month staff had to confirm was for the month of August and, in that month, the City received $2,000. In speaking to Don Nelson the Controller for Mike Thompson RV, he was told the City will receive $9,820 for 2011. MR. MARK ROSENBAUM, Sales Director for Mike Thompson's RV, stated that since the City granted them that trial period, it has been very good for both parties. He said their business has gone up 83%, and they are anticipating a strong year. In taking the fullest quarter this year, January and February, they have doubled their numbers. Last year the City received $1,900, and it was already at $4,400. He believed the first quarter for 2012 will reach $5,500 in spite of the economic factors; people are spending their money and they want to go RVing. He noted an additional $3,000 in Sam's Club Membership is purchased at every event, which is why Sam's Club liked them being in their parking lot. He said those memberships are provided to everyone that showed up at their display, which in turn go into the store, use the membership, buy stuff, and the City receives the sales tax. Responding to question about the location of their main office, he said it was located in Cathedral City. He went on to say they were averaging 20% in sales at Sam's Club and 80% at the Cathedral City location. The difficulty in selling to out -of -country customers (i.e., Canadians), was that no city benefitted from the sales tax, because they didn't pay any. However, anyone that resides in the states, they make sure it is reported. Mayor Pro Tem Kroonen asked what revenue generating activity would be happening there at Sam's Club if this was not approved. In other words, why wouldn't the Council approve this request when it brought money into the City. Councilmember Harnik moved to, by Minute Motion, approved the Temporary Use Permit (TUP) for Recreational Vehicle (RV) sales located within the Sam's Club parking lot, subject to the Applicant complying with conditions of: 1) Obtaining a daily City Business License for all dates on which the Temporary Use is conducted; 2) applying for and being granted by the State Board of Equalization a sub -location for the Palm Desert site and crediting Palm Desert as a point of sale for all revenue generated from transactions. Councilmember Finerty said she will second the motion with the hopes that the 20/80 percent increased in favor of the City. Councilmember Finerty seconded the motion, and it carried by a 4-1 vote, with Benson Voting NO. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 B. REQUEST FOR AWARD OF CONTRACT TO MATICH CORPORATION FOR CONSTRUCTION OF THE SUMMIT RESURFACING PROJECT IN THE AMOUNT OF $668,000 (CONTRACT NO. C31430, PROJECT NO. 752-12C). Mr. Chen stated this was basically a resurfacing project for some of the area south of Homestead Road and Indian Hills Way. Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Award subject contract for Construction of the Summit Resurfacing Project to Matich Corporation, Highland, California, in the amount of $668,000; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $66,800; 3) authorize the Mayor to execute said contract; 4) authorize the City Manager to execute a Reimbursement Agreement with utility companies with facilities in the street (Contract Nos. C31430A-B-C) — funds for this project are available in the Measure "A" Street Maintenance Account, No. 213-4311-433-3320. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF CONTRACT WITH SUNGard FOR THE PURCHASE, INSTALLATION, ONLINE AND ONSITE TRAINING FOR ONESolution SOFTWARE IN THE AMOUNT OF $318,660 PLUS APPLICABLE TAXES AND TRAVEL EXPENSES ASSOCIATED WITH ONSITE INSTALLATION AND TRAINING (CONTRACT NO. C31700). Information Systems Manager Clayton Von Helf stated this purchase is for the main core enterprise software package; every interaction with residents, businesses, or builders will be affected by this software package. The current software was purchased 20 years ago in 1991, and at that time, there was no commercial Internet, email, and PC's were glorified wordprocessors. Therefore, the computer landscape has changed dramatically in 20 years, but the City's business processes had not. This update will allow the City to enter the current computer landscape and be able to rebuild its excellent customer service on a new foundation that will include more web -facing services and greater communication between departments. Responding to question about business licenses, he said if approved, the implementation schedule will start this summer with Community Development, Public Works, Building & Safety, and the Planning Department, and in the fall it will be Human Resources, Payroll, and Finance. He plans to go live by January 2013, and once all the bugs have been worked out, training will start on web services with the first one being Business Licensing. He said people will be able to renew their business license online and not have to come to City Hall. Councilmember Finerty moved to, by Minute Motion, approve the subject contract with SUNGard for the purchase, installation, online and onsite training for ONESolution Software in the amount of $318,660 plus applicable taxes and travel expenses associated 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 with onsite installation and training — funds are available in the Equipment Replacement Fund for FY 2012-2013. Motion was seconded by Kroonen and carried by a 5-0 vote. Mayor Pro Tem Kroonen stated he hoped this new software will last 20 years as well. D. REQUEST FOR AWARD OF CONTRACT TO RELIABLE TREE CARE IN THE AMOUNT OF $71,407.80 FOR THE CITYWIDE PALM TREE PRUNING PROGRAM (CONTRACT NO. C31400, PROJECT NO. 931-12) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilmember/Member Finerty moved to, by Minute Motion: 1) Waive minor irregularity and award subject contract for the Citywide Palm Tree Pruning Program to Reliable Tree Care, Coachella, California, in the total amount of $71,407.80 (City - $63,782.40; Housing Authority - $7,625.40); 2) authorize the Director of Finance to set aside an additional 10% contingency for the contract in the total amount of $7,140.78 (City - $6,378.24; Housing Authority - $762.54); 3) authorize the Mayor/Chairman to execute the contract — funds are available for portion of the contract relative to the City and Assessment Districts in Parks and Recreation Account Nos. 110-4610-453-3320, 110-4611-453-3320, and 110-4611-453-3371; Repair/Maintenance Medians Account No. 110-4614-453-3370, and Assessment District Fund 200 Accounts; and for the Housing Authority, funds are set aside in the 2011-2012 Housing Authority Operating Budget. Motion was seconded by Kroonen and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF A RESTRUCTURE OF THE CITY'S VISITOR INFORMATION CENTER OPERATIONS; AMENDMENT TO RESOLUTION NO. 2011-61 - THE CITY'S ALLOCATED CLASSIFICATIONS, BY CREATING THE NEW CLASSIFICATIONS OF TOURISM AND MARKETING MANAGER, VISITOR CENTER COORDINATOR, AND CUSTOMER SERVICE CLERK; AND ADOPTION OF AN ORDINANCE TO ESTABLISH A CATEGORY AND CRITERIA FOR PART-TIME EMPLOYEES. Mr. Wohlmuth stated the Council had a Study Session to discuss the Energy Program, Visitor Center, and Shopper Shuttle Services, three major programs affected by the elimination of the Redevelopment Agency. He said the Council will receive updates during the budget process, but the direction from the Council was to not eliminate these programs, but to reduce the impact to the General Fund Budget and hopefully address them in time to be prepared for the 2012/2013 fiscal budget. Staff has reviewed and provided recommendations to reduce the cost, keep the Visitor Center in operation, adjust the hours of operation, and provide the appropriate salary and positions for City employees to run the Visitor Center moving forward. He 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 said Human Resources Lori Carney and Visitor Center Manager Donna Gomez were available to provide specifics on the restructuring. Human Resources Lori Carney noted the staff report and offered to answer any questions. Councilmember Finerty stated she appreciated the operational savings of $210,000 annually. Councilmember Finerty moved to: 1) Waive further reading and adopt Resolution No. 2012 - 22, amending Resolution No. 2011-61, the City's Allocated Classifications, by reclassifying the position of "Visitor Information Center" Grade 131 to "Tourism and Marketing Manager" at Salary Grade 131; adding the position of Visitor Center Coordinator at Grade 107; and adding the position "Customer Service Clerk" at Salary Grade 87; and authorize establishment of new categories within the City's Allocated Classifications; 2) Waive further reading and pass Ordinance No. 1237 to second reading, deleting Palm Desert Municipal Code Sections 2.52.300 - Types of Employment and 2.52.305 - Definition of Employment Types in their entirety, and replacing them with Section 2.52.300 - Types of Employment and Section 2.52.305 - Definition of Employment Types, adding the category of "Part-time Regular Employee" and making certain other housekeeping changes; 3) By Minute Motion, approve lifting of the hiring freeze and authorize the hiring of one full-time and two part-time Customer Service Clerks through an abbreviated hiring process; 4) By Minute Motion, authorize reclassification of the Visitor Information Center Manager, Grade 131, to Marketing and Tourism Manager, Grade 131. Motion was seconded by Kroonen and carried by a 5-0 vote. F. REQUEST FOR ADOPTION OF A SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT, GOVERNMENT CODE SECTIONS 81000, ET SEQ. (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Ms. Klassen stated that pursuant to the Political Reform Act, all public agencies in the State of California must adhere to a Conflict of Interest Code. She worked closely with legal counsel to draft the proposed Conflict of Interest Code, which was modeled after the Fair Political Practices Commission Model Code and adopted it here for the Successor Agency. Since the Redevelopment Agency was dissolved, the City has to implement processes as if it was restarting, and as the City Council sits as the Board for the Successor Agency, it is also the Code reviewing body for the City's Conflict of Interest Code; therefore, it's a joint consideration item. Mayor Pro TemNice Chair Kroonen moved to: 1) Waive further reading and adopt Resolution No. SA -RDA 006, adopting a Conflict of Interest Code Containing Designated 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 Positions and Disclosure Categories for the Successor Agency to the Palm Desert Redevelopment Agency; 2) As Code Reviewing Body, the City Council, by Minute Motion, approve the Successor Agency to the Palm Desert Redevelopment Agency Conflict of Interest Code and all associated actions to be taken in connection therewith. Motion was seconded by Finerty and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. RESOLUTION NO. 2012 - 03 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A HEIGHT STUDY REQUIREMENT FOR NEW DEVELOPMENT REQUESTING APPROVAL OF ANY CONSTRUCTION EXCEEDING THE HEIGHT STANDARDS. Principal Planner Tony Bagato stated this item was presented on January 26 where staff recommended visual simulations for construction 10% above the height limit, which would be a 2D drawing and story poles. At that meeting, there were concerns raised by the Desert Valleys Builders Association (DVBA) and the item was continued. Staff met and worked with DVBA and Gretchen Gutierrez, but ultimately, they are opposed to any mandatory requirement. However, if the Council was to move forward, they recommended 15% for visual simulations and 25% for story poles. Staff reviewed the matter and has modified its recommendation, but still believes 10% for visual simulations will provide staff with a good tool for looking at new developments, and if Council decided to require story poles, staff is recommending 20% above the height limit, but only up to 45 feet. Based on staff's research, you can't use story poles above 45 feet, but an alternative method like a balloon study can be used. Since the writing of the staff report, Mr. Tommy Thompson submitted a letter on behalf of the Building Industry Association (BIA), and they are also opposed to a mandatory requirement. He offered to answer any questions. Mayor Pro Tem Kroonen stated there are a couple of terms used, and one that complicated things for him was the use of visual simulations, and asked if story poles fit into that category. Mr. Bagato responded that under his description it typically meant a 2D kind of drawing format with a photo, and then presenting the proposed project in context with the existing development. He agreed that technically story poles are visual, but are considered differently between a drawing versus putting a pole in the ground. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 MS. GRETCHEN GUTIERREZ, CEO for Desert Valleys Builders Association, stated she represented more than 100+ member companies within their Association, and they are requesting the Council to deny Resolution No. 2012-03. She said ongoing economic challenges to the building community are starting to abate, and any additional or new requirements on planned or proposed developments/projects can have a detrimental effect to the recovery of the industry. Specifically to this issue, story poles and visual simulations are subjective. She said assumptions are made as to heights, architectural styles, features, design elements, and what may be indicated through placement of story poles or depicted on a visual simulation, may not be the end product based upon what happens during the project revisions or planning process, or the ultimate conditions of approval. She said this requirement can cause a number of changes to what was initially submitted and reviewed from a visual presentation, and it can tweak the way that process is at the end. She said errors can be made with visual simulations, and when she refers to visual simulations, she is talking about photos and computer generated type of products; an actual hard product that one can hold. An example of that, is that topography maps are not standardized anywhere within any study whatsoever. You can have a variation from a few centimeters up to one feet and beyond within that data. Therefore, one would have a problem when trying to measure something as finite as a percentage of 10% above the current standard, which is roughly three to four feet. She said a topography map source that has variations on it is not an accurate reading on things. Quality issues get introduced in both of these two types of programs as well. For example, in a 100-unit complex with three product lines involved, an enormous amount of time will be spent in trying to make that a visual presentation that everyone can understand and have a full concept of. This would be a big problem in terms of how you create that final document, the cost, and the amount of times the applicant will have to revisit and redo, adding cost to the entire portion of their project and check review. One of the most significant things when dealing with story poles, visual impacts, and visual simulations, is observance of the determination of points of impact. In other words, who is impacted by that visual, is it the next door neighbor or someone who complaint, because they think it might have a visual impact on their site line, or is it truly a concern of it fitting into the aesthetics of the city, community, and guidelines. Currently, there isn't anything in place that outlines the steps one would have to follow, and how many data points one would have to hit. Therefore, the concern is the guidelines for someone having to use story poles or a visual simulation, and how many story poles will be required. She said those guidelines didn't exist to tell a developer what they need to do in terms of making that product be applicable to the project. Lastly, if the City didn't have those clear guidelines defined, it was opening itself up to additional costs to the developer, who will not be happy with trying to do business within the City, but also some concern with liability. If what the Council sees and approves 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 is not necessarily the end product at the end of the day, whose going to have an absolute issue with that particular product. Additionally, if this Resolution is adopted, any project that the City finances will also have to follow the same guidelines. Finally, the threshold of 10% over an existing height is a minimal measurement, approximately three to five feet, but maximum in terms of the financial burden to the applicant. She said small variances require a higher level of accuracy, which is the inverse of the general intent that minor variances pose less of an issue. In other words, it is a small percentage one is having to operate in, but it creates a big problem for developers to deal with. While the DVBA recognizes the Council is tasked and entrusted with maintaining the high quality standards for the City and its residents, the DVBA remains opposed to the proposed Resolution and urged the Council to not adopt it. Mayor Pro Tem Kroonen asked if Ms. Gutierrez could cite any circumstances or situation in which story poles might be appropriate, in which it would be superior to other means. MS. GUTIERREZ answered no, stating the use of story poles was purely subjective, because it would be sticking a piece of wood or PVC pipe in the ground, typically at the four -point corners of the footprint for that particular project, and then one is standing there looking up at them. Further responding, she confirmed there was no compelling reason to use story poles instead of or in lieu of some other method, because their use was purely subjective. Councilmember Harnik asked if story poles were used for Saks, which is 44 feet in height. Mr. Bagato said he didn't believe so. Councilmember Harnik asked about the height of Sacred Heart Church. Mr. Bagato responded the most recent expansion was at 35 feet, but it was lowered due to concerns and was approved at 27 feet for the gymnasium portion. He couldn't recall the height of Sacred Heart Church. Mayor Spiegel said the last time the City used story poles was for the Desert Willow Condominiums. Councilmember Finerty clarified it was for the Westin-Starwood Timeshares. Councilmember Harnik asked how many times had story poles been used. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 Mr. Bagato noted he's been employed by the City for ten years and recalled using them only twice. They were used on Larrea Street, but that project never moved forward, and then a telephone pole was used for the Westin- Starwood Project, because typical story poles couldn't be used. Mayor Pro Tem Kroonen asked if anything was learned in that process by using story poles that could or couldn't have been learned through other visual simulations. Mr. Bagato answered no, stating the Applicant in that project provided photo simulations, but he couldn't find the photographs of the actual telephone pole. He said the photo simulations depicted the true picture, and the telephone pole provided what staff expected, which was a visual point of how tall the building will be, but didn't capture the design. He said the photo simulations were quite accurate of what is out there today. Further responding, he confirmed story poles didn't capture site lines and massing. In response to Mayor Spiegel's assumption that story poles were not used for the Marriott Desert Springs project, Mr. Bagato could not confirm because he was not a City employee at the time. Councilmember Finerty stated she was the one that requested the height study requirement and still believed the entire picture was needed, which includes the visual simulations, balloon study, story poles or PVC pipes at the four corners, because it was instructive. She believed the story poles were helpful with the Westin-Starwood Timeshares. She understood other things had to be taken into consideration with regards to landscaping, berming, etc., but in order to maintain the aesthetics of Palm Desert, the way residents have come to expect, all the items need to be addressed. It would appear story poles would not need to be used often, but she would like to have it as part of the big picture. Councilmember Finerty moved to waive further reading and adopt Resolution No. 2012-03. Councilmember Benson stated story poles were not something new; they have been used in Palm Desert before and no one ever complained about putting them up. Developers were happy to put them up to show what the actual effect would be. By requiring them now, it will be on record and it won't be questioned. She believed this was another thing the Council should implement, because it's always been done and there hasn't been any problem or complaints about it. Councilmember Harnik stated that according to staff, story poles have only been used twice in the last ten years. Although, there may be times the City 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 may want to pull that tool out of the toolbox, she didn't believe it should be mandated. She knew developers hadn't complaint in the past, but the City hadn't had to endure this depressed economy. She didn't know if it was lost on everybody, but the Council just had a bunch of fine students earlier today where it was congratulating and celebrating them for taking new technology and employing that to come up with answers to address issues in the most effective manner, which is what the City should be doing. She said 30 years ago, story poles were probably the tools it had, but she believed there are far better ways to address issues to find answers. As discussed earlier in the Study Session, the City will have projects that will be built a little different, and a lot of these projects will have to be addressed on a case -by -case basis going forward. She agreed story poles should be kept in the toolbox, but could not support mandating them of every project and requiring the added expense to builders and businesses. Mayor Pro Tem Kroonen agreed, stating this requirement was not what is needed for the current era; the Council needs to be looking forward. A lot of things have worked in the past, but the Council should want things to work better in the future. And picking up on Councilmember Harnik's reference to the students, they weren't making robotics out of tinker toys, they were using contemporary technology, which is where the City needed to be now moving forward. Therefore, he would not support the motion. Mayor Spiegel concurred, stating he wouldn't support the motion either. Councilmember Benson seconded the motion, and it FAILED on a 2-3 vote, with Benson and Finerty voting AYE, and Harnik, Kroonen, and Spiegel voting NO. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE VACATION OF DAISY LANE RIGHTS -OF -WAY AND EXCESS SIDEWALK, AND LANDSCAPE EASEMENTS ALONG SHEPHERD LANE IN TRACT NO. 29469 (Kristi Hanson Architects, Inc., Applicant) (Continued from the meeting of January 26, 2012). Mayor Spiegel noted the Applicant requested this item to be withdrawn. Mr. Chen confirmed the letter was received yesterday. Mayor Spiegel declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Applicant Request withdrawn; therefore, no further action required nor taken. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 B. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT TO SECTION 25.70.020 OF THE PALM DESERT MUNICIPAL CODE TO INCREASE THE NUMBER OF ARCHITECTURAL REVIEW COMMISSIONERS FROM SEVEN (7) TO NINE (9), Case No. ZOA 12-57 (City of Palm Desert, Applicant). Assistant Planner Missy Wightman stated it was requested that the Landscape Beautification Committee be consolidated into the Architectural Review Commission. The proposed Zoning Ordinance Amendment will increase membership from seven to nine members. Staff believes the change will create a more broad representation of the Commission. She offered to answer any questions. Mayor Spiegel declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Councilmember Benson moved to: 1) Waive further reading and pass Ordinance No. 1238 to second reading, approving Zoning Ordinance Amendment No. 12-57 and amending Section 25.70.020 of the Palm Desert Municipal Code - Membership of the Architectural Review Commission, adding two (2) members; 2) By Minute Motion, appoint Gene Colombini and Paul Clark to the newly created positions, respectively, on the Architectural Review Commission, subject to adoption of the Ordinance and resulting effective date of May 12, 2012, each with a term ending December 31, 2016. Motion was seconded by Kroonen and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period February 29 - March 13, 2012. With City Council concurrence, received and filed the Meeting Summaries as presented. B. CITY ATTORNEY None 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 C. CITY CLERK 1. Reminder of First City Council Study Session for Working on the Fiscal Year 2012-2013 Budget — Scheduled for Wednesday, April 4, 2012, 10:00 a.m. in the Administrative Conference Room. Upon Ms. Klassen's noting the upcoming Study Session, Mayor Spiegel said he has a conflict with participating in Meals On Wheels on the morning of April 4. He asked if the Study Session could begin at 10:30 a.m., instead of 10:00 a.m. With City Council concurrence, the Study Session on Wednesday, April 4, was noted, convening at 10:30 a.m. (instead of 10:00 a.m.). D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Reauests for Action: a) Zonina for Animal/Bird Sanctuary — Councilmember Finerty stated that there was a constituent interested in locating an AnimaVBird Sanctuary in the City and businesses associated with that purpose. Currently, there is no zone for this type of use. Therefore, she asked staff to look at coming up with a zone to accommodate it. Mr. Wohlmuth agreed to have staff investigate, and Mayor Pro Tem Kroonen added that he supported this request. 2. City Council Consideration of Travel Requests and Reports: None 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 3. City Council Committee Reports: a) Art In Public Places Commission — As liaison to AIPP, Mayor Pro Tem Kroonen reported that time was marching by very quickly, and it was already time to solicit new sculpture work for the El Paseo Exhibition. They have received entries for and approved 18 pieces for the subsequent year's show. There were a lot of good entries, with three alternates chosen in case any of the first 18 don't work out. He felt it was one of the best things about the City. In answer to question, he said the selections will be coming to City Council for final approval. b) Library Promotion Committee — Later in the meeting, Councilmember Benson and staff reported that at this week's Committee Meeting, City and County Librarians reported they'd been working closely with Westfield Palm Desert to host an interim Library location, including accommodations for storage of materials during closure while the "Refresh" Project is underway in the coming months. Sincere gratitude was extended to Westfield for being such a great community partner. Another of the community's great partners touted was the Desert Recreation District and Recreation Supervisor Jeff Ronci, who had been tremendously accommodating in hosting a majority of the Library's Special Events during this past fall and winter when the closure was initially anticipated to occur. They had worked so well together that both parties looked forward to continuing the partnership during the upcoming closure and in the future. Staff extended hearty thanks to both entities for this effort. In answer to question about the Bookmobile, staff responded that it was currently somewhat "under the weather," but it was hoped that a unit would be ready to go about the time we were ready to move back into the remodeled Library. So the Bookmobile may be useful in the transition period. Additionally, Councilmember Benson was pleased to report that the County Economic Development Agency had assigned their local Project Manager to oversee the Library remodel and keep it on track. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 4. City Council Comments: a) 2012 Fashion Week El Paseo — Mayor Spiegel reported he'd attended Fashion Week two nights this week. The event has a large tent that seats 900 people, with standing -room only both nights he was there, imagining it was the same the rest of the week. He said Mr. Wohlmuth was there last night and thoroughly enjoyed the festivities as well; it is a wonderful event for Palm Desert. b) Palm Desert Youth Sports Opening Dav — Councilmember Harnik said she participated in the Opening Day Event for Baseball and Softball in Civic Center Park on March 10, with the Mayor there to say a few words and throw out the first pitch to the delight of the approximately 2,000 people present. She said it was wonderful to see so many families having fun along with the 900 young people in the program. 5. Suaaested Items for Future City Council Meetina Agendas: None XIX. ADJOURNMENT On a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting at 5:24 p.m. ATTEST: RACHELLE D. KLASSEI4, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIE EL, '' �' OR 24