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Home My WebLink AboutPrelim - CC - 10/08/09 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 8, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Jim Ferguson arrived at 3:06 p.m. Mayor Pro Tem Cindy Finerty Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Ignacio Otero, Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Dorian Cooley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: '�',,�� ' �° f PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 622-260-082 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Riverside County Sheriff's Department Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) PDCC Development LLC, Petition for Bankruptcy, United States Bankruptcy Court, Central District of California Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Mr. Erwin requested the City Council add two items to the agenda, which had come up following posting of the agenda. 1. Closed Session - Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 2) Property: APN 634-241-019-6 (43-905 Rockrose Court, Palm Desert) Negotiating Parties Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Luana C. Plonski Under Negotiation: x Price x Terms of Payment 2. New Business - Consideration of Permission for the Utilization and Serving of Alcohol on City-owned Property at the Joslyn Senior Center. Upon a motion by Kelly, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT,the aforementioned two items were added to the agenda,as indicated. Upon a motion by Finerty, second by Kelly, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Spiegel adjourned the meeting to Closed Session at 3:03 p.m. He reconvened the meeting at 4:00 p.m. 2 '�* "`�a� ,�+, ��r�. .,� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 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 - Councilman Jim Ferguson VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. BOB OKREN, Palm Desert, recalled the last time he spoke before the City Council, when he told of seeing rats on the PDCC's (Palm Desert Country Club) 3�d fairway. There was one sitting on top of his barbecue the other day, and he asked the City Council if it would be acceptable in their back yards—the place where they eat meals with their families. He said on Tuesday, September 15, City Code Compliance Manager Hart Ponder had sardonicallywritten, "Here we go again,"with reference to three e-mails sent to City personnel from persons regarding their concerns about PDCC; and with that attitude, it was no wonder that many people felt that the City was doing nothing about the Course's conditions. He received copies of Code Compliance inspections for two visits dated September 18 and September 25; neither mentioned actual City Code violations, but he believed anyone could describe the conditions there, and many have. People didn't need reports, they needed and had every right to expect concrete actions against the violations. He reiterated from his previous appearances that it was unlawful and a public nuisance for any person that owns any property in the City to maintain the property so that it is so out of harmony or conformity with the maintenance standards of adjacent properties, including his, as to interfere with the reasonable enjoyment of property by neighbors and depreciate the aesthetic and property values of the surrounding property. He was present today to emphasize that this was the case. He and many other neighbors had communicated their concerns to City personnel, feeling the situation at PDCC is way out of hand. He questioned exactly what had been done and demanded an answer. According to the Operation and Maintenance Agreement by and between the City and Dahoon Investment Company, Inc., dated August 31, 2005, he said that commencing on the first anniversary of the agreement, the City and PDCC owners would conduct joint inspections of PDCC. Available information indicated that a required inspection took place on July 24, 2009, but he questioned if the inspections were also conducted during 2006, 2007, and 2008, as it didn't appear so. He noted that at the September 24, 2009, City Council Meeting, Mayor Spiegel asked him to leave his telephone number with the City Clerk, advising that he would soon hear from the City Attorney via telephone. He had not been contacted by anyone during the past 3 �� ,. . . G, ,. �,'r„� . PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 two weeks. In the meantime, he saw that the bankrupt club was seeking a debtor in possession loan to re-seed, at least get the championship course ready for operation in November, and he asked whether or not this was true and if so, the status. Further, he asked what it took for a person to get a City representative to at least engage in a conversation about the Club, let alone actually demonstrate conformance with the City's promises, codes, and agreements. With this being his third time before the City Council, he had yet to receive any feedback. The current situation made him feel that the City is stuck on idle, and he wondered if PDCC neighbors have a cause of action arising from a failure to perform a legal obligation or a breach of duty. He felt he'd been polite and respectful before the City Council, and while he apologized for it, today he was angry—he had vermin at his doorstep, and all he'd been able to find in the way of help was official sarcasm, failures to enforce, non-responsiveness, and overall mismanagement. Mayor Spiegel apologized to Mr. Okren for his not receiving a call from the City Attorney. He noted that two of the City's Attorneys were in attendance tonight, and he guaranteed that he would be called tomorrow. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. INTRODUCTION OF THE PUBLIC SAFETY DIRECTOR AND FIRE CHIEF FROM PALM DESERT'S SISTER CITY IXTAPA-ZIHUATANEJO, MEXICO. Chief Otero introduced guests from Palm Desert's Sister City of Ixtapa- Zihuatanejo, Mexico, the Director of Public Safety Tomas Serna Solis, who oversees the Ixtapa-Zihuatanejo Fire Department and Office of Emergency Services, and Fire Chief Jaime Vazquez Sobreyra. He went on to say this week the Riverside County Fire Chiefs Association was hosting the State Fire Chiefs Association's Bombero Program. Both gentlemen were participating in the Bombero Program, which has been in existence about 45 years, held in different locations throughout the State each year, with Palm Desert proudly hosting this year. Mr. Solis thanked the City Council, City of Palm Desert, and the Sister Cities Committee foreverything that has been done to help Ixtapa-Zihuatanejo,and their Mayor sent warmest greetings to Palm Desert's Mayor and City Council. In appreciation, he presented a gift from their Presidente, Alejandro Brava Abarca. On behalf of the City Council, Mayor Spiegel offered warm greetings to the Director and Fire Chief, presenting each with a key to the City, and also in return, he extended an open invitation to the people of Ixtapa-Zihuatanejo that they are always welcome in their Sister City of Palm Desert. He said both cities had been able to help each other and considered themselves to be very good neighbors. 4 `�. .. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 24, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 75, 76, 80, and 81. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of June 17, 2009. 2. Cultural Resources Preservation Committee Meeting of June 30, 2009. 3. Parks & Recreation Commission Meeting of September 1, 2009. Rec: Receive and file. D. LETTER OF RESIGNATION from Charles Ash - Citizens' Advisory Committee for Project Area No. 4. Rec: Receive with very sincere regret. E. REQUEST FOR APPROVAL of the City of Palm Desert "Statement of Investment Policy" (Joint Consideration with the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and Palm Desert Financing Authority). Rec: By Minute Motion, approve the City of Palm Desert "Statement of Investment Policy," as presented. F. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Files from the Department of Building&Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt: 1) Resolution No. 09-70-April 2009 Records; 2) Resolution No. 09-71 - May 2009 Records; 3) Resolution No. 09-72-Closed Investigations-Set Number One, ranging from the years 2000 - 2005. 5 r�`� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 G. REQUEST FOR AUTHORIZATION to Issue a Request for Proposals (RFP) for Public Relations Services for the City of Palm Desert and to Extend Existing Contract with Nancy J. Friedman Public Relations for Two Months During the RFP Process. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. H. REQUEST FOR APPROVAL of Amended Lease Agreement Between the City of Palm Desert and the Palm Desert Country Club Homeowners Association Relative to the Neighborhood (Joe Mann) Park (Contract No. C16151). Rec: By Minute Motion, approve the Amended Lease for the Palm Desert Country Club Neighborhood (Joe Mann) Park and authorize the Mayor to execute same. I. REQUEST FOR AUTHORIZATION to Release Improvement Security for 73-061, 73-080, and 73-081 EI Paseo and Accept Maintenance Security (EI Paseo Collection, Applicant). Rec: By Minute Motion, authorize release of the improvement security for 73-061, 73-080, and 73-081 EI Paseo and accept maintenance security. J. REQUEST FOR APPROVAL of Staff's Recommendation to Donate the City's Previous Inventory of Holiday Decorations to The Living Desert. Rec: By Minute Motion, approve staff's recommendation to donate the City's previous inventory of holiday decorations to The Living Desert. Mayor Pro Tem Finerty requested Item G be removed for separate action under Section XI, Consent Items Held Over. Upon a motion by Kelly, second by Finerty, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. 6 �� p �, �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 XI. CONSENT ITEMS HELD OVER G. REQUEST FOR AUTHORIZATION to Issue a Request for Proposals (RFP) for Public Relations Services for the City of Palm Desert and to Extend Existing Contract with Nancy J. Friedman Public Relations for Two Months During the RFP Process. Mayor Pro Tem Finerty said this item was an extension of contract for Public Relations (PR) Services by Nancy Friedman at $6,000 a month in order for the City to go out for a Request for Proposal (RFP) for essentially the same services. She said that according to the warrant registers, the City had paid Full Gallop Marketing $12,875; Newsweek Budget Travel for advertising $679; Palm Springs Convention Center for advertising $10,000; Palm Springs Life $11,290; and Travel Host of Palm Springs $624. She felt the City was spending a lot of money in marketing, and it was going in many different directions. She said the November agenda will include an item for consideration to pull out of the Palm Springs Desert Resorts Communities Convention & Visitors Authority (CVA). She said in this economy the City needed to reassess its marketing strategy where the results can be measured, because a lot of money was thrown in so many directions with no idea how many room nights that equated to. She proposed holding off on this item until the November City Council meeting and instead direct staff to develop a comprehensive Marketing Strategy fitting the City's budget. Marketing Manager Kristy Kneading stated the public relations agency that's based in New York was one portion of a comprehensive advertising plan. She said public relation's was all about getting into editorial versus placing an actual Palm Desert ad and is perceived as a higher value. A good example is when you read that Desert Springs Marriott Spa is a "hot spot" named by Travel &Leisure, because the average reader respects that more. Therefore, the public relations agency is an important part of the overall Marketing plan and strategy. The agency has been extremely successful in getting national attention for the Energy Program. She said the City's been on CNN.com. There have been stories about Palm Desert on CNN Travel, New York Times, and Los Angeles Times,which were nationwide stories and a credit to the public relations agency. Councilman Ferguson agreed with Mayor Pro Tem Finerty in that the City had money in too many pots and it should concentrate its efforts and be on target with the City's theme and message. He didn't see any harm in continuing this item to November. 7 ��`"° �� •^r-' � z��,w� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 Councilman Kelly stated the City did have a plan in place. The vendor's Mayor Pro Tem Finerty mentioned were approved by the Marketing Committee as part of a strategic plan. Ms. Kneiding concurred, stating that every year the Marketing Committee approved a media plan along with a budget, so that Council can see what the target market is and what the cost of the ads is. Currently the City is better able to track how many people visited the City's website. Present ads are more difficult to track, but the Marketing Committee has a full layout of a � marketing budget plan and how it relates to the exact people it was trying to reach. Councilman Kelly stated when bills are paid sporadically, marketing efforts may appear scattered, but the City did have an approved plan. He said a Marketing Plan was presented to the City Council after it went through the Marketing Committee, and that would have been the time to deny it. However, the Marketing Committee felt it was a good plan at that time. Ms. Kneiding stated the contract will end October 31, 2009. The City and Marriott currently split the monthly retainer with the Marriott paying $5,000 and the City paying $5,000. She said the Marriott will continue using the agency, and she wasn't sure if the City would go out to bid because there was a savings in using the same agency while promoting the same thing(the Marriott and City of Palm Desert). She said the City and the Marriott had been co-opting for the past three years. Councilman Ferguson said he couldn't comment on the Travel & Leisure market, but he knew something about the Energy Program. He said the City's legislation was adopted in fifteen states, and in the front page of the Wall Street Journal three years ago before Nancy Friedman was even with the City. He spoke with the Los Angeles time and believed most of the leads were generated by speakers at conferences, the National Resources Defense Council, and California Public Utilities Commission. He said that from an energy standpoint, paying someone $70,000 to get something the City would have received anyway, didn't make financial sense. He said the Marketing Committee had an Assistant City Manager last Spring who was no longer here,which caused him to look at marketing differently. He didn't see any harm in waiting for a month. Councilmember Benson stated that since the contract would be up anyway, waiting to November would be the logical time to revisit the matter. She was not in favor of paying for the extra two months. Councilman Kelly agreed that it may not be necessary to pay the agency for two months, but hoped a RFP would be sent out. 8 L�"�i!,.f$�'� �k�".S �� NF•n :p f�. •:, �<°a � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 Mayor Spiegel stated it appeared the Council had a concern with the City's Marketing Plan and needs to be revisited. In the meantime, through May, the City was $2 million behind its benchmark year in sales tax collections, which was a fact. However, Palm Desert had a much higher sales tax collection than any other City in the Valley. The closest city near Palm Desert numbers was Palm Springs. He said Palm Desert had taken in $15 million annually and Palm Springs had taken in$10 million,which were major dollars in running the City. He said to do anything to hurt that revenue was jeopardizing what it was currently doing. Councilmember Benson didn't think denying this contract would jeopardize anything since Ms. Friedman's contract would be expiring, and the City can do a RFP for another contract. Councilman Kelly moved to, by Minute Motion: 1) Authorize the City Clerk to advertise and issue an RFP for Public Relations Services for the City of Palm Desert (Contract No. C29270; 2) extend the contract with Nancy J. Friedman Public Relations (NJFPR) for two months (November 1 - December 31, 2009) (Contract No. C28341) — funds are available in the FY 2009-2010 Marketing Budget. Motion was seconded by Spiegel and failed on a 2-3 vote, with Benson, Ferguson, and Finerty voting NO. Mayor Pro Tem Finerty moved to, by Minute Motion, deny the recommendation and instead direct staff to develop a comprehensive Marketing Plan based on the current economy, including measurable criteria. Motion was seconded by Finerty and carried by a 3-2 vote, with Kelly and Spiegel voting NO. XII. RESOLUTIONS A. RESOLUTION NO. 09-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING WORKERS' COMPENSATION COVERAGE FOR CERTAIN CITY VOLUNTEERS PURSUANT TO THE PROVISIONS OF 3363.5 OF THE LABOR CODE. Councilmember Benson moved to waive further reading and adopt Resolution No. 09-73. Motion was seconded by Ferguson. Human Resource Manager Lori Carney noted this was actually Risk Manager Gary Rosenblum's staff report. She said the purpose of this item was to cover employee volunteers working on the City's Golf Cart with some family members involved. Mayor Spiegel called for the vote, and the motion carried on a 5-0 vote. 9 '�'� �"� � m,.m;.,e�ds PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1197 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.26 - UNLAWFUL CAMPING - TO THE PALM DESERT MUNICIPAL CODE. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1197. Motion was seconded by Finerty and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR CITY COUNCIL REVIEW OF THE ARCHITECTURAL REVIEW COMMISSION ACTION TO DENY A REQUEST TO PARK A RECREATIONAL VEHICLE IN THE FRONT YARD LOCATED AT 73-340 SAN NICHOLAS AVENUE Case No. RV 09-358 (Richard Maciag, Applicant). Assistant Planner Missy Grisa stated the Applicant requested to park a recreational Vehicle (RV) in the front yard of his residence at 73-340 San Nicholas Avenue. The RV measured 10-feet high by 8-feet wide by 20-feet long and proposed to be parked parallel to the house, which essentially blocking the view of the house from the street. The proposed screening will include a 6- to 8-foot high movable fence with the addition of landscaping. City standards only allow a 6-foot high yard wall in this situation and location; therefore, four feet would be adequate above and beyond that fence. In addition, staff researched the Code and under Chapter 8.40.050C.3, the vehicle must not encroach into the public right-of-way, and unless an exception is granted by the City, the vehicle will be parked perpendicular to the street or public right-of-way. In that section alone,the Code will not allow the approval of this case. A previous proposal brought forward by the Applicant on April 28, 2009, included the RV to be parked perpendicular to the street, which would be allowed under the Code, but the ARC denied the case due to inadequate screening, stating the RV parked in the front yard would obliterate the view of their home and front yard. MR. RICHARD MACIAG, Applicant, stated he applied twice to the City for a permit to park his RV in front of his home. The first time he was denied, he requested guidance from ARC, but he didn't receive any. He pointed out to 10 � gr ssa�,arr�a �' F � ¢�� •„nu� i.�. � �,t.�" ��k � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 the ARC that other RV's were approved to park in the front yard that was screened with potted plants. The response from the ARC was that it didn't mean that all applications would be approved. He resubmitted another plan and it was also denied. He continues to ask for guidance as to what would be approved. He was willing to return to the ARC as many times as necessary to do whatever would satisfy the ARC, but the ARC has not responded to his requests. He showed a photograph of an ice-cream truck that's parked on the same street that is similar in size, and it's been allowed to park in the front yard because it didn't fall under the same guidelines of a RV. He reiterated the ARC had not described to him what would be adequate screening for his situation. Councilmember Benson felt this whole situation was a complete waste of time and couldn't understand why the City didn't have a brochure that informed residents to find out where RVs can be parked before they purchase one. Otherwise, homeowners will later be asking for exceptions and they won't want to make the accommodations, i.e., tear down the garage, expand the roof, or plant flowers. She said this problem wouldn't go away as long as RV's are sold; however, people should at least try to be informed. She didn't think there was any place for them in the garage or that the neighbors should have to look at them. She said there were storage facilities for boats and why not a RVs. Mayor Pro Tem Finerty agreed with Councilmember Benson's comments. She asked why staff was not pursing having the ice cream truck removed. Ms. Aylaian stated it may be permitted under a home occupancy permit; however, she will have Code Enforcement look into it. Councilman Ferguson stated he didn't recall that equipment vehicles could be parked in the front yard under the Home Occupancy provisions. It allowed for customers to visit with no more than five passenger vehicles at one time, but all business was conducted inside the home. Councilman Kelly moved to, by Minute Motion, reaffirm the action of the Architectural Review Commission (ARC) to deny a request to park a recreational vehicle (RV) in the front yard of a single-family residence located at 73-340 San Nicholas Avenue behind a movable fence and proposed landscaping. Motion was seconded by Ferguson and carried by a 5-0 vote. Councilmember Benson requested that the ARC provide a memo or list that homeowners can check off before they purchased a RV. Ms. Aylaian said that issue could be addressed later this evening on a separate agenda item where staff was seeking to revise the guidelines for 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 recreational vehicles, which included an exhibit with a proposed handout to show graphically where RVs can and cannot park. She will work on getting the information on the Bright Side to provide greater awareness of what the regulations are. Councilman Ferguson suggested including a list of storage facilities with the current rate. B. REQUEST FOR CITY COUNCIL REVIEW OF THE ARCHITECTURAL REVIEW COMMISSION ACTION TO APPROVE A REQUEST TO PARK A RECREATIONAL VEHICLE IN THE FRONT YARD, THREE DAYS/WEEK FOR SIX MONTHS AT 73-110 GUADALUPE AVENUE Case No. RV 09-360 (Julio C. Cruz, Applicant). Assistant Planner Kevin Swartz stated the Applicant requested approval to store a 9-foot recreational vehicle in the front yard. The Applicant parked the RV on the property without receiving approval and received a Notice of Violation from Code Enforcement Department. The RV is approximately 20-feet back from the property line and is not located behind the gate. On August 27, 2009, staff presented the Applicant's request to the ARC where the Applicant stated that the RV would only be stored on his property on Friday, Saturday, and Sunday. The RV is stored in La Quinta during the remainder of the week. The Applicant uses the RV only on the weekends for College of the Desert Street Fair. After the Commission reviewed the case, the request was approved for a six-month period on a 4-2 vote. Staff recommended that the City Council reaffirm the ARC decision and within the six months, the Applicant return with a plan to locate the RV on the side yard behind the gate under the new proposed RV standards. He displayed a photograph of the subject RV. Councilman Kelly asked if the photograph was taken from the front of the house. Mr. Swartz answered no. Councilmember Benson stated that if the Applicant already had a place to park the RV for the remainder of the week, the Applicant could park it at the same place Friday, Saturday, and Sunday. Mayor Pro Tem Finerty agreed, stating she was surprised that ARC would even allow such a request for six months. She said the City needed to be consistent with the Ordinance. Responding to question, Mr. Swartz said the Applicant couldn't attend this meeting. 12 � � � .�.�, �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 Councilman Ferguson noted the Applicant didn't submit a letter requesting a continuance. Mayor Pro Tem Finerty moved to, by Minute Motion, deny the recommendation. Motion was seconded by Ferguson and carried by a 5-0 vote. C. CONSIDERATION OF AN APPEAL OF A DECISION BY THE CITY MANAGER AND PERMIT ADMINISTRATOR, REVOKING A MASSAGE ESTABLISHMENT PERMIT FOR TY SPA — 73-891 HIGHWAY 111 Massage Establishm�nt Permit No. 07-43355 (Jeon Suyong, Appellant). Mr. Erwin noted Mr. Chadwick J. Bradburby who is the Attorney for the Appellant requested a continuance. Mayor Spiegel stated he understood the owner did not speak English. Mayor Pro Tem Finerty asked Senior Code Enforcement Officer Pedro Rodriguez if he ever heard the owner speak English in his dealings with her. Senior Code Enforcement Officer Pedro Rodriguez responded that in the four or five times he visited the establishment, they didn't have a full conversation, but she understood she was in violation. She called someone on the phone to translate for her, so she was aware of what he was saying. Once, she actuatly got upset because she was being cited and responded with obscenities in English. Further responding, he said the owner fully understood what the six violations were about. Mayor Spiegel noted the Appellant's attorney was ill as reported by the City Attorney. Councilman Ferguson moved to, by Minute Motion, continue this matter to the meeting of October 22, 2009. Motion was seconded by Benson and carried by a 5-0 vote. D. REQUEST FORAUTHORIZATION TO NOTIFYTHE RIVERSIDE COUNTY AUDITOR OF THE REDEVELOPMENT AGENCY'S INTENT TO PAY SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND (SERAF) FROM AGENCY FUNDING SOURCES AND FOR AUTHORIZATION TO SUSPEND THE 2009-2010 DEPOSIT TO HOUSING SET-ASIDE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Redevelopment Accountant Veronica Tapia stated staff was requesting authorization to notify the County Auditor on how it intended to pay Supplemental Educational Revenue Augmentation Fund (SERAF)this year. Staff was also requesting to suspend the 2009-2010 Housing Deposit in 13 �'�,.►�e. � �.>, PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 order to off set those costs. The request to suspend is intended to provide flexibility with regard to meeting scheduled projects for the next five years. She offered to answer questions. Councilman/Member Kelly stated that in other words it was buying from one fund to another in order to spread out the payments and avoid paying it all at once. Councilman/Member K�IIy moved to, by Minute Motion: 1) Direct the City Manager or his designee to notify the Riverside County Auditor of the Redevelopment Agency's intent to pay 2009-2010 SERAF from Agency funding sources; 2) authorize staff to suspend the 2009-2010 Housing Set-aside deposit in order to offset costs of the 2009- 2010 SERAF shift. Motion was seconded by Ferguson and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF DESIGN PROPOSAL, "THE MESSENGERS," BY JOHN RICHEN FOR SACRED HEART CHURCH LOCATED AT 43-775 DEEP CANYON, PALM DESERT (Sacred Heart Church, Applicant). Public Art Coordinator Deborah L. Schwartz stated this was a developer project who had paid more than $40,000 into the fund. The developer will move forward with the proposed design if approved, and then reimbursed for the funds. The art piece is bronze, 10-feet tall with twelve figures, and it will float off the wall approximately 1'/2 inches. She noted the Applicant was present to answer any questions. Responding to question, she said the art piece was required because of the expansion, and the Applicant would be paying for the cost involved. Councilman Ferguson moved to, by Minute Motion, approve John Richen's artwork proposal, "The Messengers," as the public art component for Sacred Heart Church, 43- 775 Deep Canyon, Palm Desert—funds are available in Account No. 436-0000-312-2700 as paid by the Applicant. Motion was seconded by Finerty and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF DESIGN PROPOSAL, "CREATIVE BOLLARDS IN THE MINDS OF THE STUDENTS," BY SOCIAL MOSAICS FOR THE PALM DESERT OASIS SEVENTH DAY ADVENTIST CHURCH LOCATED AT 74-200 COUNTRY CLUB DRIVE, PALM DESERT (Palm Desert Oasis Seventh Day Adventist Church, Applicant). Public Art Coordinator Deborah L. Schwartz stated this situation was similar to the previous item where there was no money coming out of the General Fund. The project will be done with students from grades Kindergarten through eighth grade. The artist will work with each individual class and each class will work on a bollard to create a mosaic. She said it was always nice to have students work on projects, because it was educational and the buy 14 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 in from the community, which always helped to protect the work. Responding to question, she the mosaic will be placed in front of the building near the drop off area adjacent to the parking lot. She confirmed the art piece was unanimously approved by Art in Public Places Committee. Councilmember Benson moved to, by Minute Motion, approve Social Mosaics' artwork proposal, "Creative Bollards in the Minds of the Students," as the public art component for Palm Desert Oasis Seventh Day Adventist Church located at 74-200 Country Club Drive, Palm Desert—funds are available in Account No. 436-0000-312-2700 as paid by the Applicant. Motion was seconded by Ferguson and carried by a 5-0 vote. G. REQUEST FOR AUTHORIZATION TO IMPLEMENT A PALM DESERT RESTAURANT DISCOUNT COUPON PROGRAM. Mayor Spiegel stated that in August the City of Rancho Mirage had a discount program for their restaurants, which provided a discount of 20% on the purchase of food, excluding liquor. He said the program was successful that three times as many restaurants are doing it again in October. Unfortunately, it was too late for Palm Desert to do it for October. He spoke to a few Palm Desert restaurateurs that stated November and December were not good months for it and recommended January. He said the discount program can be promoted through the Bright Side, City Website, and Visitor Center. Councilman Ferguson asked if there was a direct cost to the City. Mayor Spiegel responded the only cost would be the printing on the Bright Side and confirmed the City would not be reimbursing the 20% discount. Councilman Kelly moved to, by Minute Motion, authorize implementation of a Palm Desert Restaurant Discount Coupon Program. Motion was seconded by Ferguson and carried by a 5-0 vote. H. CONSIDERATION OF TELEVISING CITY COUNCIL MEETINGS. Mr. Wohlmuth stated that back in June/July there were several requests to have City Council meetings televised, and then Assistant City Manager researched what other cities were doing and met with Susan Marie Webber, a resident of Palm Desert. He said the Council requested this item be placed on the agenda, and since then Director of Special Projects Frankie Riddle had been working on other issues with Time Warner. The attachment to the staff report showed a chart of what neighboring cities were doing and the potential costs involved. Staff estimated the cost to the City was upward between $20,000 and $100,000. It was staff's recommendation for Council 15 �W��,�,�-� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 to provide direction today, and if pursued, that the technological issues are evaluated and presented at the 2010-2011 budget for consideration. Mayor Spiegel stated he requested this item be placed on the agenda. Councilman Ferguson noted the staff report chart indicated Indian Wells had a contract with Points Seven West, but it didn't say what they did. Mr. Wohlmuth agreed to check with Indian Wells to see what they used. Responding to question, he said California Association of Governments (CVAG), Palm Springs Desert Resorts Communities Convention & Visitors Authority(CVA),Sun Line,and Riverside CountyTransportation Commission (RCTC) did not televise their meetings. Mayor Spiegel stated local cities, with the exception of La Quinta and Palm Desert, televised their meetings. Councilman Ferguson stated that according to the chart, Palm Springs and Cathedral City audio recorded their meetings. He didn't know if the technology was real time or 48-hour delay, which meant people couldn't provide input until after the fact. Councilmember Benson said that anything worthwhile pursuing would need to be a live broadcast and not something aired days later. MS. SUSAN MARIE WEBBER, stated Palm Desert was a leader and it should not try to copy what others were doing. This was the era of technology where everyone wants to see everything live, so they can watch it on their BlackBerry. She believed that if ineetings were televised live, that businesses could possibly watch them, because everyone she had spoken to wanted to know what was going on. She thanked the Council for putting it on the agenda. Councilman Ferguson noted that Time Warner required a 48-hour advance notice before airing anything, so it couldn't be done in real-time. He thought it might be possible via the Web. MS. WEBBER responded thatjust because Time Warnerwas not able to do it, didn't mean there were no solutions. She said Palm Desert needed to be the leader in this and believed City staff could find the solution. Mayor Spiegel moved to, by Minute Motion: 1) Receive and file the report; 2) direct staff to refine the cost, equipment, and necessary professional contract through an RFP (Request For Proposals); 3) consider refined report for 2010-2011 Fiscal Year Budget Process. 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 Councilman Kelly stated the chart showed all types of cost, and he noticed some of the cities had dedicated staff, and he would never vote in favor of that. He would prefer to have it all contracted, so that Council knew exactly what it was paying for. Mayor Pro Tem Finerty agreed with Councilman Kelly; however, there were already issues with the current Council Chamber, stating it wasn't set up well and the sound quality and lighting continued to be unsatisfactory. So before considering spending upward of$100,000, Council would have to consider upgrading the sound quality and lighting as presentations have proven . difficult to view. She didn't think televising was a priority with the current budget situation and wasn't convinced that a large number of people were interested. She said Channel 17 did not have great viewership, and to show it two days laterwas redundant, because anything of importance would have already been reported. At the present time, Council was looking at running and operating a pool, which would stretch the General Fund dollars. She would rather put in a pool instead of televising meetings. Councilman Ferguson agreed that televising would be a challenge, but thought audio webcast streaming might be worth looking into, because it appeared dedicated staff was not required. Councilman Ferguson seconded the motion and carried by a 4-1 vote,with Benson voting NO. NOTE: ADDED TO AGENDA BY 4-0 VOTE (Ferguson ABSENT) AT CONVENING OF THE MEETING. I. REQUEST FOR APPROVAL OF THE SALE, POSSESSION, AND CONSUMPTION OF WINE AND/OR SPIRITS AT THE CASINO NIGHT EVENT SCHEDULED FOR OCTOBER 29, 2009, AT THE JOSLYN COVE SENIOR CENTER. Mayor Spiegel noted this item was added to the agenda, and Council had a letter from Peter Rittenhouse, who is the Executive Director of the Joslyn Senior Center making the request. Councilman Ferguson moved to, by Minute Motion, permit the sale, possession,and consumption of wine and/or spirits at the Casino Night Event scheduled for October 29, 2009, at the Joslyn Cove Senior Center. Motion was seconded by Benson and carried by a 5-0 vote. 17 7�(�R.� � /6a�y K o„+,+di 4 y - �" � ! ` `l � A'�� tr`y�f �a".. @1 �VS�i1 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. CONSIDERATION OF EXTENSION FOR AN ADDITIONAL 10'/2 MONTHS THE EXISTING 45-DAY MORATORIUM ON ISSUANCE OF CONDITIONAL USE PERMITS FOR INDEPENDENT MASSAGE ESTABLISHMENTS UNDER THE CITY'S MASSAGE ORDINANCE (P.D.M.C. CHAPTER 5.87) WHILE OPTIONS FOR LONG-TERM REGULATORY STRATEGY ARE STUDIED (City of Palm Desert, Applicant). Assistant Planner Kevin Swartz stated that on August 27, 2009, the City Council approved a 45-day moratorium on issuance of Conditional Use Permits for all independent massage establishments. During the 45-day period, staff had been reviewing the possible impacts and limiting massage establishments, as well as restrictions. Staff was still in the process of researching this information and was requesting additional time by extending the moratorium for an additional 10-1/2 months. Mayor Spiegel declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. With no public testimony offered, he declared the public hearing closed. Mayor Pro Tem Finerty moved to waive further reading and, by four-fifths vote, adopt Interim Urgency Ordinance No. 1198, extending for an additional 10'/2 months the existing 45-day moratorium on issuance of Conditional Use Permits for any independent massage establishments while the City's Massage Ordinance (Palm Desert Municipal Code Chapter 5.87)is studied and potentially amended. Motion was seconded by Benson and carried by a 5-0 vote. 18 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 B. REQUEST FOR APPROVAL OF AMENDMENTS TO TITLE 8 - HEALTH AND SAFETY, CHAPTER 8.40 - RECREATIONAL VEHICLES (RVs), OF THE PALM DESERT MUNICIPAL CODE, TO CLARIFY STANDARDS FOR SCREENING RVs PARKED AT RESIDENTIAL PROPERTIES (City of Palm Desert, Applicant). Assistant Planner Missy Grisa stated forthe past months several cases had been reviewed by the Architectural Review Commission (ARC) relating to Recreational Vehicles (RVs) on private property. The cases proved to be somewhat difficult for the Commission due to the language in the current Ordinance that stated RV's should be "substantially screened" or "deemed adequate to screen." In March 2009, ARC requested staff investigate and research clearer standards regarding the screening of recreational vehicles on private property. In June 2009, the City Council approved the recommendation by ARC to amend Chapter 8.40 of the City's Recreational Vehicle Code. The approval directed staff to research RV standards from other jurisdictions to include a more definitive writing of the Ordinance. On August 27, 2009, the City Council approved and imposed a 45-day moratorium on requests for approval to park RV's on private property, which . expires on October 11, 2009. Staff researched ordinances by neighbors within the Valley, and after a thorough review of each of these cities' standards, staff drafted a proposed amendment. After the moratorium was approved, a subcommittee was formed with staff from Planning, Code Enforcement, one City Councilmember, one Architectural Review Commissioner, and two residents of the City. The subcommittee met twice to review these standards and recommended approval to take it forward to the ARC. The ARC reviewed the standards and made some modifications, and the final proposed amendment is whaYs being presented this evening. Staff created a handout to provide a clear way of viewing how RV's would be approved. She displayed a diagram that showed the various standards for different property locations. She said if someone currently had a permit to park a RV on their property, they will be able to continue throughout their ownership of the property, but once ownership changed or property was sold to another individual, the new owner would have to comply with the new standard. Staff is working with Code Enforcement to evaluate who the current RV owners are and monitor them on a yearly basis. Currently, there is no fee charged to an applicant to review a case to bring to the ARC, so staff is recommending a fee of$168. A typical case required staff to accept application, conduct a site visit, take pictures, evaluate, study, and make a recommendation. In addition, staff is required to notice property owners within 300 feet. Staff can spend four plus hours on RV cases; cases appealed or called up by the City Council take up additional time. The $168 fee was set in relation to a wall exception, because staff did the same type of process. She noted the ARC made minor language changes to the process for an Exception. 19 �" p��rn„ � E �`'` r�,. ss PRELIMINARY MINUTES ' REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 Mayor Pro Tem Finerty asked what would happen if someone had a RV and decided to sell it to buy a new one. Ms. Grisa responded that if the new RV was the same size or smaller, the approval would remain the same as long as there was no change in the visual impact. However, if the new RV was larger or created a different visual impact, the owner would have to go through a review process. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to the proposed Ordinance. MR. KEN STENDELL, 73-110 Ironwood Street, Palm Desert, CA, stated he understood that the majority of complaints on this matter are mostly generated by residents who live in communities where the lots are small, and as a result, homeowners are requesting permits to park their RV in the front yard. As a courteous citizen of the City for 26 years, he's elected to store his RV in a storage facility, because his property did not accommodate in-garage or side-yard storage. Now that he's purchased a home in South Palm Desert, which allowed him to store a RV, this fine community elected to upset the apple cart with a new and more restrictive amendment to the existing Code. He believed the proposed amendment is subjective and did not provide a clear set of standards where a resident can obtain a permit for a RV within the setback of a side or rear yard. His home was built in 1988 when the original Ordinance was established. The home was built closely to the setbacks, and he did not intend to tear any of the house down to accommodate the RV they intend to purchase nor did he think they should be required to. He asked the following questions: 1) What would residents want in this matter; 2) Have the residents in Palm Desert been polled; 3) Do the citizens deserve a say where their opinion can be weighed; 4)What was the issue which prompted this review and amendment; other than a request to park a RV in the front yard on a small lot, which was ultimately turned down at the August 27, 2009, City Council Meeting, and again this evening. He said it appeared that because of the summer months there might be more than a few residents who have not returned to the Valley who may not be heard. He asked Council to consider leaving the current Ordinance as is and continue this matter until such time that all residents can voice their concerns. MR. STAN SMITH, Ironwood, Palm Desert, CA, stated he already owned a RV and it's parked along the side his home. His RV is about 35 feet away from the street with a six-foot wall on the neighbor's side and behind the gate. He would love to cover his RV with some type of fabric if the City provided him a permit to install the structure, but there was not enough space between the RV and the six-foot wall. He moved from Willow Street to Ironwood in order to park his RV, because it had more room. He said the 20 :��`� k +�� ae' >t-�s � j,ti� �y {f;,,', +g�.p� p4�� l'. �� Y Fb'� Y�65 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 Building Department would not allow him to park his RV on Willow Street, because it was too close to the frontage road, so he bought the Ironwood property. He has lived at Ironwood for four years without a permit and didn't know one was required. He said the Planning Department gave him the okay at Ironwood, because the RV was behind the wall, behind the gate, and everything was fine, but now the City wanted to change the rules. Ms. Aylaian stated she wasn't familiar with Mr. Smith location and deferred to the City Attorney as to how a case like this would be handled. She understood this was a location where there was a RV parked without an approved screen, but consistent with the current ordinance, which did not require screening where it's located. The question is how this case would be handled in the future. Mr. Erwin stated the City would probably grandfathers the RV, since there have been no complaints, which is what normally raises the issue. He said this case would be treated as if it did have a permit. MR. DON SHAYLER, stated he's lived in Palm Desert consistently since 1964 and has owned a RV, and for many years he parked his RV in residential areas in south Palm Desert. His current home was bought in 1983 with the condition that it have room for his RV. He was not aware of any complaint against his RV, which is parked behind a gated fence that is 59 feet from the front parking lot and can only be seen from the front. He didn't have a permit and didn't think he was required to have one under the current ordinance and believed he had established his right to park his RV there. Mr. Erwin stated the grandfather clause would apply in this case as well. MR. SHAYLER stated this was a draconian Ordinance, especially for those who had established their rights. If homes are sold, the asset of being able to park a RV at the home would be taken away. In driving around the neighborhood of Grapevine and Shadow Mountain, he saw 20 lots with the capability of having room for a RV, but only nine were within the current setback and one that was probably outside the setback because it was inside the garage. He said all those nine lots would be unavailable by future home buyers to use for RV parking with the proposed Ordinance. He said it would be appropriate in those areas where there is availability to park a RV that they should remain the same and be exempt from the proposed Ordinance. MR. TOM LIBBY, Aster Drive, Palm Desert, CA, stated the proposed Ordinance only allowed for a 7-foot high RV. However, the average height for a RV was 11'/2 feet and down to 10 feet. Therefore, the recommendation for Location 1 as described in the Private Property Standards and Diagram 21 �� 3�� `�,Y �,. �; PRELIMINARY MINUTES �`� ` ��; � � REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 would not work. He said he went to the Fire Department and checked on their Code, and as long as a property had access on one side of the house to get fire equipment in, a 3-foot setback was required. It was a tight fit for his house, but he still had 5 feet on the other side for Fire Department access. He said the 3-foot setback as proposed needed to be adjusted based on egress. He thought Location 3 provided better accommodations by allowing for a 7- to 12-height RV. However, Location 3 required that the RV be covered 75%. He already had a 6-foot high fence and 6-foot high gate, which meant he would have to spend money to increase the height of the gate to add two more feet to reach the 75% screening. He noted he's lived in the Desert since 1969, ran a business, and owned a home and RV for 30+ years. In the past most approvals were done verbally with the Planning Department staff and everything was fine. He said his RV was behind the gate aligned even with the house and when not in use it is covered. He said he had no complaints from the neighbors. He believed the City was trying to justify something for the majority but felt the proposed Ordinance needed some refining. MR. DENNIS CHUCK, Desert Star, Palm Desert, CA, stated that unlike the previous speaker, he wasn't fortunate to be able to store his RV at his home. However, he would like to address another issue relating to the 72-hour clause. He said he's a working man, and he normally picks up his RV from storage on Thursday afternoon to load it up and be able to leave on Friday after work, and the reverse on Sunday and Monday, which he did six times a year. He said this issue needed to be addressed by the Committee as well. MR. RONALD GOBBINS, Sonora Drive, Palm Desert, CA, stated his motor home is parked on the side of the home. The front property line is 60-feet, which was a tight fit. He said the RV was part of his earthquake package and power outages. He said recently a new power pole and transformer were installed to the rear of his yard, and there was no problem getting through between the motor home and the house. He's been in his home for 36 years and owned a motor home for 12 years, and he was unaware of having to need a permit. The City instructed him to install a gate in front of the RV, which he did, and iYs never been a problem until now. MR. KEN STENDELL stated the City Attorney made reference that if the RV already existed, it would be grandfathered in. He purchased his home in January and spent a lot of money preparing the side yard for the future purchase of a RV. He currently stored his boat on the side yard, and his yard had more than 100-lineal feet of storage space, but he currently didn't own a RV. He did have an encroachment permit for a driveway approach. The gate was already there when he purchased the home, and he will raise the height of the gate to the appropriate height once a RV is stored there. In his case, a RV would be screened from one side and the house would 22 ;��N+,,�..,x:�, ,�sa, �x� ,t x:,"` _ .. . � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 block it from the other side, which wouldn't be a problem, but it is within the setback. MS. SUSAN CARNEY, Ironwood Street, Palm Desert, CA, stated she owned a piece a property on Ironwood where a house was being built, which was next door to one of the previous speakers, and she wanted it to be known that she had registered a complaint about the RV; she didn't think the City Attorney was aware of that fact. She said the RV was very tall and it blocked the mountain view and covered basically the whole wall side of her home. She offered to leave photographs for the City Council to view. She left her name and address with the City Clerk along with photographs of the RV she mentioned. MR. QUINTEN VANDERWERF, Goldenrod Lane, Palm Desert, CA, stated he's lived in Palm Desert for ten years. He concurred with most of the comments made by previous speakers and appreciated that current RV owners would be grandfathered. He said it would be difficult to quantify what the property devaluation would be for a home that currently had a "RV parking," which was desirable for many. He said current homeowners who would want to sell in the future would take a $5,000-$100,000 hit. He said the Council needed there would be a monetary damage and it should be studied to find out exactly what that would be. To grandfather current owners didn't entirely cover the intent or idea of the proposed Ordinance. With no furthertestimonyoffered, MayorSpiegel declared the public hearing closed. Councilman Kelly stated he was very familiar with Mr. Smith's home and RV situation, which was beautifully screened. Additionally, he drove by Mr. Stendell's home, which had a separate driveway with gate. He said he would not approve anything that would jeopardize these two situations. He said Council had to be careful of approving an Ordinance that would disallow RVs to be parked that didn't have a negative affect on the neighborhood. He said the Planning Department informed him that under the proposed Ordinance these homes wouldn't qualify. If thaYs the case, he will not vote in favor. The main goal was to have motor homes backed from the front of the house. However, when one had a perFect place to park on the side of the house, he didn't think the Council should stop them from doing so. Councilman Ferguson agreed with Councilman Kelly. He said the goal was to get RVs from parking in the front yard. In the 13 years that he's served on the Council, he's heard more people complain about RV's and RV owners complain about not being able to park. He said his neighbor took some liberty of loading and unloading his RV by taking up to five days, and people will knock on his door to complain about it. He said there was a deleterious element to community aesthetics where large boxy vehicles parked in 23 'S;a'2s,�M c+�'�'�, ;k^.. N:.��;$P� �n:c . T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 obtrusive ways. He's never had a problem with side-yard parking with an appropriate gate, and rear-yard parking was never an issue because a RV wouldn't be visible. However, the grandfather clause bothered him because the City didn't have an inventory of all the current RVs parked in their side yards. He said Council may want to consider an open-registration period for those who want to be grand#athered and obtain a permit under the old Ordinance. Otherwise, anyone can buy a RV tomorrow and say it's been owned for 15 years, and staff wouldn't have a way of knowing. He agreed with one of the speakers who stated the City should just accept all those who have current parking availability and not just grandfather everyone in. He said once the homeowner applied and obtained a permit, it will own a right that will go with the property in perpetuity. Therefore, new permits would fall under the new guidelines, which he thought was a fair compromise. Councilmember Benson stated she hoped the proposed Ordinance will finally stop all the complaining, because there's been nothing but criticism since 1988, and the City's had to deal with nothing but exceptions. She said the proposed Ordinance appeared to have wiggle room for people to take advantage. She still believed there should be one place for RVs and they are not to be seen. Mayor Pro Tem Finerty stated she would hate to pass an Ordinance and later regret it. She thought perhaps staff needed to conduct an inventory and see what the impact would be to all current RV owners. Mayor Spiegel agreed the proposed Ordinance needed to be revisited. However, there were places in Palm Desert where RVs should not be permitted, which was a fact of life. He noted RVs were not allowed in Indian Wells. Councilman Kelly felt the Council was in concurrence that the proposed Ordinance should be revisited, but the problem was that people want to park their RV in front of the home. He said if RV's can be parked toward the back of the house, it would solve 95% of the problem. Councilmember Benson commented that people want to park on the side of the house where it was questionable. Mayor Pro Tem Finerty proposed continuing for two months allowing staff, specifically Code Enforcement,to conduct an inventory and study the impact and return with a new Ordinance. Ms. Grisa responded that Code Enforcement had already conducted an inventory on all the RVs within the City. Responding to question, she said very few RV owners possessed a current permit. 24 � ��;. .�.��. F . '..:a" �: Jw� � '.4k �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 Mayor Spiegel suggested that two Councilmembers participate as part of a Committee and return with a recommendation for the Council. Mayor Pro Tem Finerty asked if staff can provide current photographs of the current inventory for Council to view. She said Council would like an opportunity to go through it to get an idea of what was out there and what was not conforming. Ms. Grisa agreed to provide the requested information. Mayor Spiegel asked Mayor Pro Tem Finerty and Councilman Kelly to participate as part of the RV Committee, along with two or three of the speakers who spoke this evening, staff, and possibly a member from the Architectural Review Committee. Mayor Spiegel moved to, by Minute Motion, continue the matter to the meeting of December 10, 2009, with Mayor Pro Tem Finerty and Councilman Kelly appointed to the subcommittee, along with appropriate ARC Members, staff, and two or three members of the public participating at this meeting, to provide further study of the matter in the interim. Motion was seconded by Ferguson and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of City Council Study Session-Thursday,October 15, 2009, 2:00 p.m., Administrative Conference Room, regarding: 1)Desert Willow Lakeview and Ballroom Terraces;2)Redevelopment Agency Five-year Implementation Plan. Mr. Wohlmuth announced the scheduling of the Study Session in his report during the Financing Authority Meeting of this date. 25 P'� ��.«�y �.. w'aw'°"`p�' r � j >d f �a�T .�_.. {i.� .ft� .�., tt PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Travel Policv — Councilman Kelly requested that the City Council consider its Travel Policy. Mr. Wohlmuth agreed to place the matter on the October 22, 2009, Regular Meeting Agenda. o City Council Committee Reports: None o City Council Comments: 1. Joslyn Cove Senior Center's "Seasoned Citizens" 2010 — Councilman Kelly was pleased to report he'd been the first to purchase one of the Senior Center's 2010 calendars,featuring 12 beautiful "seasoned" citizens. He said they were available from the Senior Center for $15 each. 2. 2009 Mini-Muster—Councilman Kelly also commented that he and Mayor Spiegel participated in the Mini-Muster this morning. He said it was a true joy to watch the kids having a ball while they were learning about fire safety. 26 ,. � �� ' � Y� , , PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 3. Facade Enhancement Program - Mayor Spiegel noted that as reported in The Desert Sun, both Palm Springs and Rancho Mirage have picked up on Palm Desert's Facade Enhancement Program, which he felt was a good thing for the Coachella Valley. XIX. ADJOURNMENT Upon a motion by Finerty, second by Kelly, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting at 5:38 p.m. ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 27