Loading...
HomeMy WebLinkAbout2015-02-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 26, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilman Sabby Jonathan Mayor Pro Tem Robert A. Spiegel Councilman Van G. Tanner Mayor Susan Marie Weber Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, Assistant City Attorney William L. Strausz, Successor Agency Counsel Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic 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 Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 42239 Verdin Lane (APN 624-431-017), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Florencio L. Zamoran and Maria Lopez Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 Mr. Hargreaves announced there were two items of Closed Session business that had come up following posting of the agenda, and he asked for the City Council's/Successor Agency Board's consideration of adding them at this time by four -fifths vote. The first item was for both the City Council and Successor Agency's consideration, the second only for the Successor Agency (see Successor Agency Minutes of this date), as follows: C. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) City of Palm Springs v. All Persons Interested, etc., et al., Riverside County Superior Court, Case No. INDIO 51124 Upon a motion by Spiegel, second by Harnik, and 5-0 vote of the City Council (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the aforementioned item of Existing Litigation was added to the agenda. With City Council concurrence, Mayor Weber adjourned the meeting to Closed Session at 3:03 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member Kaylie Chen VII. INVOCATION - Councilman Sabby Jonathan VIII. ORAL COMMUNICATIONS - B MS. BARBARA deBOOM, President/CEO, Palm Desert Area Chamber of Commerce, thanked Councilmembers for their regular attendance at business ribbon -cuttings. She added that they're working on changing these events from Thursdays to Wednesdays. The following individuals, who'd been in the neighborhood for a significant amount of time, even prior to the City's annexation of the area, came forward at this meeting to seek Council's assistance with flooding and drainage issues in the eastern part of Palm Desert, i.e., Mountain View and Delaware, after rainstorms. They related that afterthe deluge experienced in September, where water covered streets, yards, damaged homes and cars, it was time to review this area of the City for a better drainage system, because they were all worried about future flooding. MS. COLEEN RICHEY, Mountain View, Palm Desert, CA. MR. MOISES GARCIA, Mountain View, Palm Desert, CA, said his home was severely impacted by September's flooding, causing some $40,000 worth of damage. He'd filed a Claim Against the City for this reason, but it was rejected at the last Council Meeting. He added that he'd previously complained to the City about the issue several years ago but never received a response. MR. TERRY CECHIN, Mountain View, Palm Desert, CA, noted that there were several drywell installations in the neighborhood, but they're ineffective. He said there was one StormTech system installed about three years ago that's satisfactory, but the other devices are not. He cautioned that if there was an emergency situation during one of these flooding events, public safety response would be jeopardized. MR. RICHARD CLARK, Mountain View, Palm Desert, CA, said the flooding issue was less before the streets were paved in the area, because there was no curbing, and the water was absorbed into the ground. However, after South Coast Air Quality Management District required that the streets be paved and curbed, the water was redirected and caused flooding. He was certain there were many talented people in the City that could help find a solution to the issue. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 Mayor Weber thanked the residents for coming forward and assured them that the City would look into the issues they've raised. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE ROGER DASH FOR HIS CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS HOUSING, PARKS & RECREATION, AND PLANNING COMMISSIONS, 1998 - 2015. On behalf of the City Council, Mayor Weber presented Dr. Dash with an engraved, half -cylinder crystal clock, in recognition of his 17 years of service to the City and its advisory bodies. Dr. Dash graciously accepted the recognition and said it had been his honor to serve the City and its residents. He now had a much greater appreciation for the management of city govemment and also wanted the citizens of Palm Desert to know that he'd done his very best to live up to the expectations of the City Council since he was first appointed — Palm Desert is a great City. He went on to introduce his wife Joyce, who was also in attendance with him at the meeting today. B. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER KAYLIE CHEN. Ms. Chen reported that the Youth Committee has been very active with events, including holding the annual Holiday Party at Lincoln Elementary School, and yesterday there was another Anti -Bullying Event at Palm Desert Charter Middle School's After School Program, which was once again very successful with many experiences and ideas shared and discussed. Coming up in March will be the Annual Youth and Senior Technology Day where Committee Members come together with local seniors and assist with technology understanding. This will be followed by the Committee participating in the upcoming General Plan Update Meetings to collaborate on future City direction. She said results of the past meetings have been very positive, and they look forward to a great month upcoming. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 C. PRESENTATION TO THE CITY COUNCIL FROM THE "UP WITH PEOPLE" GLOBAL EDUCATION, SERVICE, AND PERFORMING ARTS PROGRAM SCHEDULED TO BE IN THE COACHELLA VALLEY MARCH 16-23, 2015. On behalf of "Up With People," MS. HAYLEY LUTZ from Arizona and MS. PATY SALAZAR from Mexico addressed the City Council about their upcoming visit in the Coachella Valley. Ms. Lutz provided background on "Up With People," including that her grandfather was one of five founders of the movement, talented musicians traveling and playing music around the world when they saw a disturbing newspaper headline, "Down With People." This led them to name the group and start their global outreach, "Up With People." She said 50 years later, the group was continuing to bring the world together through music and volunteer service, with the current group consisting of 110 people from 20 different countries (e.g. Ethiopia, Costa Rica, Spain, Brazil). They went on to provide information about their performances and what people could do while their group is in town. First, they were looking for local residents to host 70 international participants for the week in their homes, including a place to sleep, daily meals of breakfast and dinner, and local transportation to and from Palm Desert High School, and it's a terrific way for people to connect with each other. They already have accommodations for about 40 participants and knew that Palm Desert was very supportive of these types of activities. The show that they're putting on is called "The Journey," and the Coachella Valley will represent the last city in the U.S.A. during their world tour, followed by Mexico and Europe. Ms. Lutz said they are very grateful to once again be sponsored by The Berger Foundation during their visit here and went on to relate that there are lots of ways for people to get involved. Ticket sponsorships were available to people wanting to attend themselves, and money can also be given to sponsor the group's beneficiary, The Ophelia Project. Many levels of ticket sponsorships were available, from $100 - $7,500, and all of the money is directly donated to their beneficiary, with a $100 sponsorship available to donate a block of 10 tickets to disadvantaged youth to come and see a show that they might otherwise not get to experience. She said there were also opportunities for individuals or businesses to sponsor daily meals for the group of 110. The ladies invited everyone to their shows which will be on March 20 at 7:00 p.m. at Indio High School and on March 21 at 7:00 p.m. at Palm Springs High School, and all the money stays local with The Ophelia Project, an organization that focuses on middle and high school girls to build their self-esteem, acquire some business skills, and go to college. They offered to answer questions and said they would leave more information with the City Clerk, along with providing the website address for the event: www.urwithoeoole.orQ/coachellavallev. Councilmembers thanked Ms. Lutz and Ms. Salazar for the information and wished them all the best in their upcoming shows. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 D. PRESENTATION BY HEATHER GILMORE, REGARDING "RARE DISEASE DAY" AND REFLEX SYMPATHETIC DYSTROPHY. Mayor Weber noted that last year Ms. Gilmore was presented with a proclamation for "Rare Disease Day," and she'd asked her to return and provide an update on activities in the past year. She noted that she brought a bouquet of orange (Reflex Sympathetic Dystrophy's recognized color) flowers for Councilmembers to enjoy. MS. GILMORE provided a PowerPoint presentation about "Rare Disease Day" on February 28, 2015, and the Rare Disease she is afflicted with, Reflex Sympathetic Dystrophy, which is now on file and of record with the City Clerk's Office. She also left informational fliers in the Council Chamber lobby and said she would stay until the end of the meeting for anyone wishing to ask questions or speak with her. She concluded by saying the national Reflex Sympathetic Dystrophy Association is planning a national conference to be held in Southern Califomia in March 2016 and is seeking sponsors for this purpose. Councilmembers thanked Ms. Gilmore for her presentation and wished her all the best with planning of the national conference and with her health. E. PRESENTATION BY JANINE JUDY, REGARDING "ESSENTIAL TREMOR DISEASE AWARENESS MONTH." Mayor Weber said she'd asked for an update on this disease as well, after City Council presented Ms. Judy with a proclamation to declare "Essential Tremor Disease Awareness Month" last year at this time. MS. JUDY said that Essential Tremor Disease was a neurological condition that causes shaking of the head, hands, trunk, and voice, and is commonly mis-diagnosed as Parkinson's Disease. She said although it's not life - threatening, it can get progressively more serious and affect one's quality of life by making daily tasks more difficult. She again thanked City Council for issuing a proclamation in March 2014 to recognize and raise awareness for Essential Tremor. In February 2014 she'd become the Group Support Leader for the Coachella Valley Essential Tremor Support Group; and while the first meeting was attended by only two members, it has since grown to 22, and they're excited to be reaching the people who have the disorder and also increasing public awareness of a condition that affects over 10 million people in the U.S. alone, is life -altering, and has no cure. She related a story of one of their members who is a retired principal engineer for the Bay Area Rapid Transit Agency (BART) and participated in a very important clinical study on Essential Tremor at Stanford University. At the end of six months of study, that member was treated with a four-hour procedure called 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 "Focused Ultrasound," after which he was able to write and sign his name for the first time in almost 10 years. Final results of the study are expected to be submitted to the U.S. Food and Drug Administration for regulatory approval by the end of 2016. Further, she said the Liftware Spoon is a fairly new item introduced to the market as an assistive device for eating for those with an unsteady hand; it senses tremor and stabilizes itself to filter out unintended motion. Liftware restores independence, confidence, and dignity to people living with tremor, and she said additional attachments like a fork and a key are coming soon. Recently, she and a few members of her group attended a first -of -its -kind Essential Tremor Expo, where the Essential Tremor Foundation teamed up with world -class neurologists and movement disorder specialists to explain the diagnostic process, treatment options, current research, and coping techniques; the one -day event provided much information and the hope of a cure in the near future. She pointed out that March is "Essential Tremor Awareness" Month, and support groups across the U. S. will be holding walks to raise awareness and much -needed funds for continued research. They believe that where there is awareness there is hope, and she invited the public to attend their next group support meeting, Saturday, March 7, from 10:30 a.m. - 11:30 a.m. at the Palm Desert Public Library. Informational fliers were left in the Council Chamber Lobby for anyone interested in learning more about Essential Tremor, and they have a website at www.essentialtremor.ora. On behalf of the Essential Tremor Foundation, she thanked City Council for allowing her to bring awareness of this condition to the public's attention. Mayor Weber said she'd seen the Liftware Spoon and agreed that it was a wonderful invention that makes a world of difference for those needing such help. She thanked Ms. Judy for her report today. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 12, 2015. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 180, 181, 186, 187, and 192. Rec: Approve as presented. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of October 8, 2014. 2. Youth Committee Meeting of January 12, 2015. Rec: Receive and file. D. INDEPENDENT ACCOUNTANTS' REPORT on Agreed -upon Procedures Performed on the Measure "A" Transportation Fund for the Fiscal Year Ended June 30, 2014. Rec: Receive and file. E. SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2014. Rec: Receive and file. F. REQUEST FOR DECLARATION of Vehicles, Equipment, and Miscellaneous Items as Surplus and Authorize Disposal As Proposed. Rec: By Minute Motion, declare vehicles, equipment, and miscellaneous items listed in the accompanying staff report as surplus, and authorize disposal as proposed. G. REQUEST FOR RATIFICATION of the City Manager's Authorization for Additional Costs and Approval of Change Order No. 2 to Contract No. C33860 — Civic Center Shade Structure Replacement Project (Project No. 725-15). Rec: By Minute Motion: 1) Ratify City Manager's authorization for additional costs and approve Change Order No. 2 in the amount of $4,250 to the subject contract with Creative Contractors, Corp., Rancho Santa Margarita, Califomia; 2) authorize transfer of $1,266.92 from contingency to base for the project; 3) authorize the Mayor to execute Change Order No. 2 — funds are available in Account No. 233-4674-454-4001 - Civic Center Park Fund. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 H. REQUEST FOR AUTHORIZATION to Release Maintenance Security for El Paseo Collection North Project (El Paseo Collection North, Applicant). Rec: By Minute Motion, authorize release of Maintenance Security currently on file for improvements to the El Paseo Collection North Project. Upon a motion by Spiegel, second by Jonathan, and 5-0 vote of the City Council (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the Consent Calendar was approved as presented. XL CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO SARGENT TOWN PLANNING IN THE AMOUNT OF $279,411 FOR PROFESSIONAL SERVICES TO PREPARE A SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT FOR THE 170-ACRE PARCEL OF VACANT LAND LOCATED AT THE NORTHEAST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE; AND APPROVE THE EXECUTION OF A REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR COSTS ASSOCIATED WITH THE PROFESSIONAL SERVICES AGREEMENT (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Ms. Aylaian stated the proposed items will accomplish three things: 1) Award of contract to Sargent Town Planning in the amount of $279,411; 2) appropriate the funds to pay for the contract, including a 10% contingency; 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 3) approve a Reimbursement Agreement between the Successor Agency and the City. To date, the Successor Agency has been approved for $100,000 in the current Recognized Obligation Payment Schedule (ROPS), which will go toward this contract, and complete reimbursement to the City depended on the remaining amount being approved by the DOF in the next ROPS for July through December 2015. This contract is proposed because the City has to dispose assets owned by the former Redevelopment Agency, one of which is 170 acres of vacant land. It is of significance, in that it is completely undeveloped and it's also part of the "University Park Planning Area" where a different pattern of growth is envisioned. The land is large enough that if it were to be developed by responding to today's market conditions, it could be a bad decision, in consideration of the Tong -term development plan of the City. Staff would like to ensure that when developed, it's done properly and appropriately for its location near the University and future development of both Cal State and UCR campuses. It should be developed to reflect the future demographics and style that is supportive of the nearby campuses and that has walkable, compact resources nearby, such as retail for convenience, recognizing there is also the need for jobs in close proximity to the homes that are developed. Staff was afraid to sell these 170 acres to a single developer, because a developer alone will be driven by today's market conditions. While they might be giving favorable consideration to what is hot in the market now, such as senior homes for Canadian snow birds, it may not be the right Tong -term decision for the growth of the City. Therefore, staff would like to get an independent third party to address these concerns. A Request for Proposal (RFP) went out to 20 different firms, and it was publicly posted, and only two firms responded. One was Sargent Town Planning, stating the Council may already be familiar with the name, because they are working with Raimi + Associates on the Update of the General Plan, and the second firm was MSA Consulting, Inc., out of Rancho Mirage. Staff reviewed the qualifications of key personnel based upon similar studies they had done, the ability to make their work coincide with the General Plan Update, and price. The review was unanimous by staff on all points that Sargent Town Planning was the best qualified and the least expensive for performing the services. Therefore, staff recommended award of contract to Sargent Town Planning, noting their principal representative was in attendance and available to answer questions. Councilman/Director Jonathan stated he understood staff is asking for approval of a contract in the full amount of $279,000 plus the 10% contingency, yet there is only $100,000 available. He asked if the City would be bound for the full contract if the $179,000 application is not approved by the DOF. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 Ms. Aylaian answered yes, stating the funds would then need to come from the General Fund. Mr. Wohlmuth added there are two ways to pay for these professional services, one is through a Reimbursement Agreement that's placed on the ROPS, stating he could argue that when the property is sold, the proceeds of the sale ultimately went to the taxing entity with reimbursement to the City for the remainder of the contract. Councilman/Director Jonathan stated the City is hopeful the DOF approves the request, but if not, there are contingency plans to avoid taking funds out of the General Fund. Mr. Wohlmuth replied that was correct. Ms. Aylaian added this item was taken to the Oversight Board on Monday, and the Board was unanimously in favor, stating the Agency was on the receiving end of the revenue received from the sale of the property. She said the Oversight Board understood an entitled property with a specific plan, such as this one, is more valuable than an unentitled property. She hopes the Board also understood there are costs associated with preparing the specific plan and the Environmental Impact Report (EIR), noting they approved of the award of contract. Mr. Hargreaves stated typically these contracts allow the City to terminate with a 30-day notice with no further obligation, but in doing that, one didn't get the benefit of a completed project. Councilman/Director Tanner asked if the $179,000 will initially be paid from the General Fund or was the contractor going to sit and wait for approval of the funds. Mr. Wohlmuth stated that because the ROPS are being submitted in March, there is the probability that it will go through, like the original $100,000 went through, and with the timing of the contractor's work, the City might not have to front the money, except if the Reimbursement Agreement is approved, then it would. He said the work commences upon contract, but the payment is based on work performed, which will go on for months. Mayor Pro Tem/Vice Chair Spiegel moved to: 1)Waive further reading and adopt Resolution No. 2015 - 11 authorizing award of the subject contract to Sargent Town Planning, Los Angeles, California, in the amount of $279,411 for Planning Professional Services for the Preparation of a Specific Plan and Environmental Impact Report (EIR) for the vacant 170-acre parcel of land bounded on the south by Frank Sinatra Drive and on the west by Portola Avenue (Contract No. C34120); 2) by Minute Motion, appropriate the necessary funds, including the contract amount of $279,411 plus a 10% contingency amount of $27,941, totaling $307,352 for the subject contract from Fund 400 - Unobligated 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 Reserves to a Capital Improvement Fund; 3) waive further reading and adopt Resolution No. SA -RDA 046, approving a Reimbursement Agreement between the City of Palm Desert and the Successor Agency to the Palm Desert Redevelopment Agency for the Planning Professional Services on the 170-acre parcel, and the Executive Director, Mayor, and Chair to execute same (Contract No. C34120A). Councilman/Director Jonathan inquired about the relationship between Sargent Town Planning and Raimi + Associates. Ms. Aylaian explained that Raimi + Associates is the lead consultant in the Update of the General Plan, and they have retained about half a dozen different specialty consultants, one of whom is Sargent Town Planning, stating they are the Urban Planners for the Update of the General Plan. In this specific plan, Raimi + Associates would be a sub -consultant to Sargent Town Planning; therefore, it was the same team members. MR. DAVID SARGENT, Principal with Sargent Town Planning, stated they are enjoying their work with Raimi + Associates, City staff, and the officials that are part of the steering committee, stating he appreciated being selected to work on the specific plan. He said this was a great opportunity to take advantage of the synergy in that part of town from the University and collateral development. Mayor/Chair Weber commented everyone has been very pleased in working with them as well. Councilman/Director Tanner seconded the motion and it carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. REQUEST FOR APPROVAL OF AN INCREASE TO PLAN REVIEW / INSPECTION SERVICES CONTRACTS WITH SCOTT FAZEKAS & ASSOCIATES, WILLDAN ENGINEERING, AND CALIFORNIA CODE CHECK, RESPECTIVELY, AS UTILIZED BY THE DEPARTMENT OF BUILDING & SAFETY - MID -YEAR BUDGET ADJUSTMENT FOR FISCAL YEAR 2014-2015. Mr. Grance stated that as part of the Mid -year Budget Adjustment, staff was requesting authorization for an additional $60,000 for engineering services. Councilmember Harnik asked if it made more sense to hire another employee or was contracting out benefitting the City. Mr. Grance replied contracting out was benefitting the City. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 Councilmember Harnik moved to, by Minute Motion, authorize an additional expenditure of $60,000 for Professional Services Agreements with Scott Fazekas & Associates (Contract No. C32950A), Willdan Engineering (Contract No. C32950B), and California Code Check (Contract No. C32950C) for Building Plan Review and Inspection Services for the remainder of FY 2014-2015, which shall not exceed a new cumulative total of $130,000 following City Council's February 12, 2015, approval of an additional $60,000 appropriation with the Mid -year Budget Adjustment — funds are available in General Fund Account No. 110-4420-422-3010 as set forth in the 2014-2015 Budget. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT (ZOA) TO PALM DESERT MUNICIPAL CODE SECTION NO. 25.40.080 - FENCES AND WALLS - TO ALLOW FOR THE REPAIR AND MAINTENANCE OF EXISTING NONCONFORMING FENCES, AND TO PROHIBIT NONCONFORMING FENCE MATERIALS FROM THE CITY'S ARCHITECTURAL REVIEW COMMISSION'S EXCEPTIONS PROCEDURE, Case No. ZOA 14-421 (City of Palm Desert, Applicant). Associate Planner Eric Ceja stated in June 2014, the City Council directed staff to form a subcommittee to review the City's Fence and Wall Ordinance, which consisted of seven members that included two Councilmembers, two Architectural Review Commissioners, a Planning Commissioner, a homeowner's association manager, and a material specialist from Lowes Home Improvement store. The Committee met twice to review and discuss the Ordinance and was able to make the following findings: 1) All Coachella Valley cities have a limitation on wood fencing, primarily prohibiting wood fencing from front yards or where visible from a public street; 2) Wood typically performs poorly in the Desert sun, heat, and high winds; 3) Block walls are three to six times more expensive than a wood fence, so there can be financial hardships to property owners when having to replace an existing and nonconforming fence that is of wood material. Lastly, the Committee discussed the intent of the Ordinance and the desired results for the City of Palm Desert, which is an attractive community with some level of uniformity, and wood fences didn't always achieve that aesthetic appealing look for the 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 City. Therefore, the Committee recommended two changes to the Ordinance that would apply to Subsections D and E of the Ordinance, stating it will help staff address maintenance of existing wood fences, while eliminating the ability to homeowners to apply for an exception for new wood fences. The Committee also recommended that ambiguous language in the Code that references "major structural repairs" be removed and instead be replaced with new language that allows homeowners to replace their existing wood fence with new fence material so long as that material is in the same design, location, and indistinguishable from older parts of the fence. The Committee went back and forth with a lot of discussion about eliminating wood fences entirely, but given the financial hardship, ultimately, the Committee recommended that existing wood fences be allowed to be repaired, maintained as they are today, instead of forcing homeowners to build a new block wall. New language was inserted that allows staff to better address existing wood fences out in the field. The new language incorporates language from the property maintenance ordinance that allows staff in the field to gain better compliance for deteriorated or poorly maintained wood fences. The ARC reviewed the proposed changes to the Ordinance, and some members of the ARC would like to see wood fences eliminated entirely, but understood the Committee's concerns with financial hardship, and ultimately recommended approval as proposed. The Planning Commission also reviewed the Ordinance earlier this month and they also recommended approval. He offered to answer questions. Councilmember Harnik stated she appreciated the photographs displayed by staff, understanding why the City would be compelled to bring fences up to the Palm Desert standard. However, in driving around town, she's seen great wood fences that are used as design elements that architecturally consistent with the house, stating some would fit her 60's home. Therefore, she felt it was awfully strong to eliminate wood fences, when they can be used very well, if they coincide and align with the design of the home. She said if a homeowner was doing a renovation, it should be looked at and considered. She noted all the fences shown here were all wooden and vertical, yet she has seen some used horizontally. She offered to bring photographs about was she was referring to. She was in agreement with the language that addresses maintenance, which she thought was absolutely critical to ensure fences are maintained. Further, it would be in the best interest of the homeowners if the exceptions' policy is inserted back, stating she recalled Councilmember Benson making the statement that there was different treatments and different ways to maintain fences. She said even vinyl and metal do a great job of making a fence look like wood, and it wouldn't be fair to homeowners if a blanket statement is made that no one is allowed a wood fence. She believed the Council should reinstate the exception procedures for wooden fences. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 Councilman Tanner said he served on the Committee and this issue was discussed, including Councilmember Hamik's examples of being able to add to an existing fence, stating even a slightly different design was allowed if it stayed consistent with the fence itself. Councilmember Harnik replied she wasn't suggesting adding to a fence, she was talking about someone who was doing a major renovation and they have figured out there is a design element that would be architecturally consistent with their new renovation. Councilman Tanner said he believed that was also discussed and it was brought to the Committee's attention of adding a wooden fence to an existing home through a remodel, but the problem with that, if the City establishes that it can start adding wood to an existing home through a remodel or even a brand-new home, it wouldn't be consistent and there would be difficulty. He said the Committee discussed these issues, and they were not easily decided, and many in the group were opposed. Councilman Jonathan recalled last yearthere was a gentleman who replaced a wooden fence with another wooden fence, not knowing the City had an ordinance or requirement that prohibited it and required a non -wooden fence. One of the issues raised at that time was the dissemination of information to homeowners so that they don't inadvertently fail to comply with the Ordinance. He asked if the Committee address that issue so that a well-meaning homeowner didn't fail to comply simply by lack of knowledge, including contractors and subcontractor. Mr. Ceja replied he wasn't 100% sure if the Committee discussed that issue, but at staff level it was, stating it was a similar issue they faced with paint colors where staff actually canvassed and noticed paint contractors and local paint stores. He said the same can be done here once the Ordinance is changed, where staff can notify businesses that sell wood products about wood fencing. Councilman Jonathan suggested also reaching out to the Desert Valley Builders Association (DVBA) and other similar organizations to spread the word to make the public aware. Mr. Ceja said that could be done. Mayor Weber 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. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 Councilman Tanner stated there are several older areas that still have a wood fence, and to ask them to replace it with a block wall, the expense can be up to ten times more than a wood fence. He noted the picture on the left as shown by staff, did a great job of repairing the fence, but the owner needs to now continue with what is being proposed, which is to finish the job and/or replace the woods that are discolored. The picture on the far right, the wooden fence is a mess, which is where Code Enforcement will be able to inform them it needs to be corrected, and it can be corrected with a wooden fence. In response to Councilmember Harnik's example of adding an enhancement to a remodel with a wooden fence, it was decided that any new fencing would be consistent with a block wall, stating the Committee went through three different meetings in making a decision on how to best handle that issue. Therefore, he was in favor of staffs recommendation. Councilman Tanner moved to waive further reading and pass Ordinance No. 1280 to second reading, approving ZOA 14-421, amending Palm Desert Municipal Code Section No. 25.40.080 - Fences and Walls. Motion was seconded by Hamik. Councilman Jonathan asked Councilmember Hamik to elaborate on what she was suggesting, because he understood she took exception to a situation where there is a new home and the owner wants to incorporate a wood fence, hopefully one that is attractive and consistent with the design; however, the revision to the Ordinance prohibits the ARC from considering it. Councilmember Harnik said not exactly, stating she appreciated the language that addresses the maintenance of wood fences, because it removes doubt, but the Committee removed any exception procedure with regard to wood fences. She said Palm Desert has many Mid -Century Design homes where wood fences looked great, and even if they are not entirely around the property, sometimes they are a design element that is consistent with the architecture, and it enhances the property. All she was suggesting is that an exception procedure be inserted back regarding such instances, and also giving property owners the opportunity to show what they would like to do with their property and how they will enhance it in their neighborhood. Councilman Jonathan stated that according to the staff report, the revised Ordinance allows for an exception, even for a 100% replacement of a wood fence. Mr. Ceja agreed, stating wood fences could be replaced 100%. Mayor Weber added it didn't apply to new construction. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 Councilmember Harnik apologized for not understanding, because if someone is doing a renovation, and they have a nice Mid-century house and redoing it taking all the bad stuff people have put on, and they are trying to make their home architecturally true again, she didn't think the Council should not allow them that opportunity. Councilman Jonathan reiterated the revised Ordinance allows for it, but the one thing it didn't allow is on a new construction. Councilmember Hamik stated she was talking about adding an architectural design element that worked in their design. Councilman Jonathan explained that if it was a replacement of a fence, it's allowed subject to approval. However, if it's a new fence, homeowners won't be allowed to put up a fence. Mr. Ceja said the language inserted allows for an existing wood fence to go at the same location with the same design, but if they change the design, it's a new fence and that would not be allowed. Councilmember Hamik asked what if a homeowner was changing the design to what it was 30 years ago when it was consistent with the architecture. Mayor Weber noted she served on the Committee and there was a lot of discussion on this issue, and she too was very uncomfortable with the wording, "prohibit and non -conforming," which would remove material exceptions. However, the whole purpose of this was to make it easier for staff to know how to decide without having to refer to ARC or Planning Commission. Further, taking away permanently someone's choice of that material seemed a little strong. She also asked questions about the wooden fence and the materials used for treating wood, and one member said the products didn't always work, they were expensive, and they didn't last. However, if the owner of a fence wants to keep paying for the maintenance every three years to keep the material up, it was their choice. Therefore, she was opposed to hampering owners from having a lovely design, reiterating she was uncomfortable with such strong language like "prohibit," and "no material exceptions." Mayor Pro Tem Spiegel disagreed with prohibiting vinyl fences, because some of them looked terrific, stating they can be put together with vinyl door and can last as long as cement block walls. Mr. Ceja explained the proposed language would only affect fences that are visible in the front of the home or street view. If they were looking at fencing along the side property or the rear, vinyl would be an exception. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 Councilmember Harnik offered an amended motion to reintegrate the exception procedure regarding vinyl and wooden fences that are new. Mayor Weber said that's why there was so much difficulty with this, because staff had to try to make decisions everyone time someone came in with a new fence idea. Mr. Ceja stated that if directed by the City Council, staff can reexamined the language to see how it can be massaged where it fits an architecture element or consistent with the homes architecture, stating it can be allowed for an exception procedure with the ARC. Councilmember Harnik stated that perhaps the best thing to do is continue this matter, because she would love to bring in pictures of places she's seen that would help illustrate her point, stating she didn't want to take too many property rights away from people. Councilman Jonathan said there is a consensus on the Council with the work done by staff and the Committee, but there is concern in one area with the lack of flexibility given to staff to create an exception when an owner comes in with a design that is aesthetically pleasing that might contain wood or vinyl products in a major redo of the fence. Therefore, maybe staff can revisit that portion of the revision and come up with the magic language that addresses the concern. Essentially, giving staff flexibility when someone comes in with a deserving design and incorporates wood, vinyl or any other material other than a block wall. Councilmember Harnik amended the motion, and moved to, by Minute Motion, continue this item to the meeting of March 26, 2015, with staff requested to provide alternatives for including an Exceptions Procedure. Motion was seconded by Jonathan. Councilman Tanner asked if there was an appeal process, because he believed the Council was contemplating something that would be extremely rare. He said it would be rare for someone to put a wood or vinyl enhancement into a new or remodel project. He asked if there was a way to review at the City Council level if they are rejected in ARC, and the answer is yes. Therefore, instead of continuing this matter, he preferred accepting the proposed Ordinance, and if someone wished to appeal, it can be brought before the City Council to deal with it. Councilman Jonathan disagreed, stating the proposed Ordinance would not allow it, stating it precluded ARC from even considering an exception. Further responding, there was not even a process for requesting approval. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 Mr. Hargreaves explained a subordinate body can be appealed to the City Council, stating there is an appeal process in place. However, the proposed Ordinance would prohibit action by even the City Council in contradiction to the Ordinance. Councilmember Harnik stated the goal is to give some flexibility to staff and homeowners. Therefore, a continuance was in order to the meeting of March 26, giving her time to get the pictures she talked about. Mayor Weber re -opened the public hearing and called for the vote on the motion to continue to the meeting of March 26, and it carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of February 2-13, 2015. Mr. Wohlmuth called attention to the printed report provided in the agenda packets and offered to answer questions. In response to question about Alessandro Alley, he said staff is proceeding with the project with a significantly reduced budget from when it was initiated; and it will be funded with bond proceeds. Staff is moving forward with securing an architect and engineer to look at a couple of aspects of Alessandro Alley — moving of one carport and taking a look at San Marcos, since the City now owns both sides of that street, it may not have to go through. He noted that there is not yet an approved Business Improvement District for the project, recalling for City Council that the first attempt to form such a district was rejected by the property owners, but staff was working on noticing the business owners in that area for the next ballot proceeding. Responding further to inquiry about Presidents Plaza Parking, Mr. Wohlmuth said there was nothing happening right now, except letters have been sent to the utility districts to suggest that they lower their utilities. In the meantime, no work will be done on it this summer; however, consideration is being given to putting this project into the General Plan discussion, as the City's consultant thinks that perhaps more significant parking on Presidents Plaza is worth discussing with City Council, i.e., more than just at -grade parking. In answer to question about the current application to the City for the Millennium Project in the North Sphere, Mr. Wohlmuth said it had 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 gone through Planning Commission and was approved, and it was scheduled to be heard at City Council on March 12. Although, he said there was still an outstanding issue with one of the partners, who is also a partner in the Villa Portofino illegal grading matter, and staffs been pushing hard for a resolution there. That being said, City Council will get to see the Millennium Project's Master and Specific Plans at the next meeting. He was working with Planning staff about maybe holding the land transfer issue of the Master Plan until the Villa Portofino illegal grading issue is resolved. With City Council concurrence, the City Manager's Meeting Summaries for February 2-13, 2015, were received and filed. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Mayor's Meetina Summaries Report for the Period of February 2-14, 2015. Mayor Weber called attention to her printed report provided in the agenda packets. With City Council concurrence, the Meeting Summaries were received and filed. 2. City Council Requests for Action: a) Technoloav Update Initiative — Councilman Jonathan said he'd had the wonderful opportunity of meeting with most Department Heads 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 and learning more and more about the City, pointing out that he continued to be more and more impressed with the City and its staff. However, it appeared as though there was an opportunity to make greater use of technology and get on the cutting edge in order to better serve the City and its residents. He acknowledged that some efforts were being made throughout the City, which he applauded but wanted to turbo -charge the process by implementing a Technology Update Initiative that would take a look at those opportunities holistically. He said things such as greater use of social media — a Facebook page that's dedicated to residents, an app where residents can report graffiti or other Code violations, etc. He noted that he was not here to specifically propose any of those; although, he suggested that the City work more comprehensively with staff to seek global improvement and forward motion with the use of technology. He wanted to see the City back in a leadership position in that regard. He asked for his colleagues' concurrence that the City Manager be asked to put together the appropriate staff people, couple of Councilmembers, and form a task force to oversee the process and eventually come back to City Council with a report of the opportunities to be considered. Mayor Weber agreed with Councilman Jonathan's suggestion, as she has been asking for these kinds of items for the last couple of years and has also been talking with staff about different information that's been available to the City. She added that many of these concepts were obtained while attending League of California Cities events where innovative ideas were shared with other cities. Councilmembers were so accustomed to Palm Desert being on the cutting edge, imagining that staff felt the same way and would like to have a lot of pride in being on top of everything, which she supported. She asked how this could be implemented. Mr. Wohlmuth responded that staff is working on such matters, cautioning that he was not sure the City had to be on the very cutting edge of technology, as with the rate of change that occurs, it's not always the right use of taxpayers' dollars to be on the front of the curve. However, he said staff is looking at opportunities and will have a couple of White Papers in the budget process to update systems, and, therefore, recommended Council direct him to bring those White Papers forward as part of the next year's budget process so that staff can further research and prioritize some of these aspects. At that point, if it doesn't meet with Council's concept or direction, then a subcommittee of Councilmembers and staff could be formed to fine- tune those proposals and look at specific issues. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 Councilman Jonathan respected that suggestion but disagreed. He felt it highlighted the very reason he was concerned — a couple of White Papers here and there was far from what he had in mind; he wanted to aggressively embrace a modernization of the City's use of technology. He felt the City was absolutely behind, because he saw cities, not only in California at League events, but other Coachella Valley cities that were getting ahead of Palm Desert. When the City lays back and doesn't move forward, it takes a great risk of moving backwards. He quickly acknowledged that he appreciated the current efforts being made, but felt it took more push and a holistic approach to ensure that it's not just piecemeal but will comprehensively move the City in that direction. He said it deserved a thoughtful approach, and the White Papers could certainly be incorporated, along with work already being done, but he wanted a more definite direction for modernization of the technology to better serve the citizens. He reiterated that it should be a standing group that would look at those opportunities, evaluate, and bring them to Council. Councilmember Hamik also agreed that it deserved further discussion. She noted that the City's Marketing Committee has been addressing these issues. When those reports are provided, there was always a very detailed summary of Facebook clicks and how that's going; it really has increased, and she felt they were doing a great job. Further, she said the City's Marketing providers, JNS and OMA, absolutely employ social marketing, and she knew Palm Desert was moving in the right direction with it, again agreeing that it warranted further conversation, but reiterating that there was already a good direction. Councilman Jonathan appreciated that insight, but added that the City's current Facebook page is dedicated to marketing, it's not one for residents. His concept was completely different, and he emphatically restated his concept and request that it be taken up immediately. Councilmember Hamik again agreed, adding that of course, the City wants to be on the cutting edge, but not so far as to be the one having to suffer through mistakes that sometimes others have to endure; whereas, the City can learn from those before it proceeds. After some further discussion and question of staff, Councilmembers concurred with staff bringing back an agenda item for this purpose at the March 12 meeting. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 3. City Council Consideration of Travel Reauests and Reports: None 4. City Council Committee Reports: a) Coachella Valley Association of Governments (CVAG) — Councilmember Harnik noted the recent news on plastic bags; there has been a referendum proposed to repeal the law on an upcoming ballot, and it appears that's been successful. She pointed out it was for the State law to be repealed and will be on an upcoming ballot. Councilmember Harnik went on to report that CVAG recently went on a day's tour in San Diego for the HERO Program, one of the PACE Programs (Property -assessed Clean Energy), and suggested if anyone else was interested and had the time to do so, that they should go down and see what's been done there. She added that now CVAG has two very viable entities that provide PACE Programs for green energy upgrades in residents' homes. Further, Councilmember Hamik offered that there are some bills coming forward regarding Gas Tax; there may be changes coming in how the City sees that Tax. She explained that the taxes have remained the same for more than a decade in California; yet, miles per gallon have gone up, along with many autos being electric, which meant they paid no gas tax, but it didn't account for their impact on the State's infrastructure. b) Councilman Jonathan Committee Reports — Councilman Jonathan said among other meetings and getting to dress up for the Date Festival Parade, he attended the CVAG Homelessness Committee, the Library Promotion Committee and Sustainability Committee Meetings. While there was no action to bring to the attention of his Council colleagues, he was very impressed with the good work being done by all of those bodies, particularly the CVAG Homelessness Committee. 5. City Council Comments: a) SunLine International Hvdroaen Conference — Councilmember Harnik said she recently attended the Conference, celebrating hydrogen bus fuels, all made in America with zero emissions, and there was a tremendous amount of pride in that the Federal government chose SunLine to host this Conference. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2015 Mayor Pro Tem Spiegel added that SunLine also received the largest Federal Grant for this purpose, almost $10 million. b) Date Festival Parade — Councilmember Harnik commented that she and her colleagues rode in the Date Festival Parade on Monday, February 16, and wore festive costumes for the annual event. Mayor Weber noted that there were four Councilmembers who participated in this year's parade, which she thought was more than any other city. c) City of Palm Desert Mission Statement — Mayor Weber noted that she'd asked the City Clerk to include the City's Mission Statement on the current and all future agendas, located on the inside of the front page above the City Council and staff list. She said the City had worked very hard to define the Statement, it was quite lovely, and she appreciated having it as a reminder for everyone at Council Meetings. 6. Suggested Items for Future City Council Meeting Agendas: (Please see Item 2[a], above.) XIX. ADJOURNMENT On a motion by Jonathan, and unanimous consent of the City Council, Mayor Weber adjoumed the meeting at 5:39 p.m. ATTEST: RA ELL D. KLASSEN, • TY CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 24