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HomeMy WebLinkAboutPrelim - CC 04/08/2010 DRAFT �__�_..�.__ � .__�-.�---T PRELIMINARY MINUTES - ' REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 8, 2010 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Finerty convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Cindy Finerty 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 Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Frankie Riddle, Director of Special Programs Bill Hunley, Battalion 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 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 628-130-015 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-130-008 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: David Nelson Under Negotiation: x Price x Terms of Payment 3) Property: APNs 626-250-055,627-123-008, 637-262-006, 637-262-017, 637-263-010, 637-361-014, and 637-402-013 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Wells Fargo Other Parties: Rancho Housing Alliance Under Negotiation: x Price x Terms of Payment 4) Property: APNs 637-425-015 and 694-391-023 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Bank of America Other Parties: Rancho Housing Alliance Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Spiegel, second by Kelly, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Finerty adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:00 p.m. 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA- Mayor Cindy Finerty VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MS. BARBARA RENTLE, Taylor Avenue, Palm Desert, stated she's lived in Paim Desert year-round for 12 years. She requested the proof of residency for obtaining a Palm Desert Resident Golf Card, to be used at Desert Willow, be added to a future agenda in May. Currently, the City requests a driver's license and utility bill with the home address as proof of residency. She contacted the Department of Motor Vehicles (DMV), and learned their policy is to have an applicant list both a residence and mailing address when filling out their paperwork. It is the DMV policy to place the mailing list on the license and not the permanent residence address. She said there were eight other ways to prove residency, which can be more valid than a driver's license, but at this point, she was being denied a Resident Card, even though she lived in Palm Desert year-round. She said it was vital to the integrity of the program for residents to be able to obtain a Resident Card, but some residents are being denied because of the DMV policy of the mailing address. She would like the opportunity to meet with staff and go over other options and be part of the solution. Mayor Finerty asked Ms. Rentle to provide her telephone number to the City Clerk to have staff follow up. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITIZENS ON PATROL MEMBER RUTH STEVENS FOR HER COORDINATION OF THE "YOU ARE NOT ALONE" PROGRAM. On behalf of the City Council, Mayor Finerty presented the proclamation to Ms. Ruth Stevens. MS. STEVENS stated she appreciated the recognition, but mostly because it gave recognition to the program. 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 B. PRESENTATION TO THE CITY COUNCIL FROM DESERT MAGAZINE 2010 "BEST OF THE VALLEY" FIRST PLACE AND FINALIST RECOGNITION FOR VARIOUS CITY OF PALM DESERT PUBLIC FACILITIES. Mayor Finerty acknowledged and read the following awards received: 1)First Place - Recreation "Best Public Park" - Palm Desert Civic Center Park; 2) Finalist - Recreation "Best Public Park" - Freedom Park; 3) Finalist - Recreation "Best Dog Park" - Palm Desert Civic Center Park; 4) Finalist - Recreation "Best Dog Park" - Freedom Park; 5) Finalist - Services "Best Public Golf Course" - Desert Willow Golf Resort. She thanked staff for a job well done. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 25, 2010, and Special Joint Palm Desert City Council and Palm Desert Planning Commission Meeting of March 24, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 194, 195, 199, 203 and 204. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dogos, 36-901 Cook Street, Suite 1, Palm Desert. Rec: Receive and file. D. APPLICATION FORALCOHOLIC BEVERAGE LICENSE byLuckys, 36-901 Cook Street, Suite 10, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art in Public Places Commission Meeting of January 27, 2010. 2. Marketing Committee Meeting of February 16, 2010. 3. Public Safety Commission Meeting of February 10, 2010. Rec: Receive and file. 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 F. REQUEST FOR APPROVAL of Additional Expenditure for the Remainder of Fiscal Year 2009-10 for the Use of Genuine Parts Company (NAPA) to Supply Aftermarket Automotive Parts, Equipment, and Services for Fleet Maintenance. Rec: By Minute Motion, approve additional expenditure in an amount not to exceed $15,000 for the remainder of Fiscal Year 2009-10 for the use of Genuine Parts Company (NAPA), Palm Desert, California, to supply general aftermarket automotive parts,equipment,and services forfleet maintenance. Funds are budgeted in General Fund Account No. 110-4331-413-3340. G. REQUEST FOR APPROVAL of Amendment No. 3 to Contract No. C27950 for Additional Engineering Services for Intersection Improvements at Frank Sinatra Drive and Portola Avenue (Project No. 572-08). Rec: By Minute Motion: 1) Approve Amendment No. 3 to the subject contract for additional engineering services for Intersection Improvements at Frank Sinatra Drive and Portola Avenue with Kimley-Horn and Associates, Inc. (KHA), Riverside, California, in the amount of$4,000; 2)authorize the Mayorto execute the amendment. Funds are available in the following accounts: $2,400 from Account No. 213-4548-433-4001, Measure A; $1,200 from Account No. 232-4548-433-4001, Drainage Fees; and $400 from Account No. 234-4548-422-4001, Traffic Signal Fees. H. REQUEST FOR APPROVAL of the 2010 Concert Series, Expenditure with Studio Instrument Rentals of Palm Springs, and Performing Arts Contracts. Rec: By Minute Motion: 1) Approve the proposed schedule and expenditures for the 2010 Concert in the Park series; 2) approve expenditure in an amount of$10,000 with Studio Instrument Rentals of Palm Springs, Palm Springs, California, for concert professional staff, sound, and lighting; 3) authorize the Mayor to sign the following contracts: Contract No. C29660A - 29 Palms Marine Corps Band, $1,000; Contract No. C29660B - Rockit Scientists, $2,000; Contract No. C29660C - Cody Bryant, $2,000; Contract No. C29660D - Jim Little (Boys & Girls Club Band), $500 - funds are available in Community Events,Account No. 110-4416-414- 3061. No appropriation is needed. Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2010 -22 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,AMENDING THE FISCAL YEAR 2009/2010 BUDGET AS A RESULT OF MID-YEAR ADJUSTMENTS. Mr. Wohlmuth stated the City didn't hit the revenue projections for 2009/2010, with revenues down $3.3 million. He took the opportunity to cut the 2009/2010 budget by $2.7 million, leaving a shortfall of$455,000 in this year's budget. However, staff was taking action to cut the current year's budget as much as possible. He asked department heads not to spend what it had proposed to cut in order to take action mid-year The good news was that the fourth quarter 2009 sales tax was up 1.5% in comparison to fourth quarter 2008. Sales tax was still projected to be down over the entire year, but the trend was stabilizing and rising a little. He said he and Finance Director Paul Gibson were available to answer questions. Councilman Spiegel commented that if the Council had joined Councilman Kelly and himself in joining the Palm Springs Resorts Convention and Visitor's Authority (CVA) - Business Improvement District last year, Palm Desert would have saved $600,000, and instead of being $455,000 in the red, it would be $150,000 in the black. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010-22. Mayor Pro Tem Ferguson said Councilman Spiegel had made that statement once before, and he didn't correct him, but would take the opportunity to do so this time. He said he asked Mr. Beckelman and Mr. Crow if the City had cost their agency a single dime,and if any Transient Occupancy Tax(T.O.T.) refunds were made, and the answer was no. He said the CVA was now considering including Palm Desert with the rest of the cities, and all the cities would be receiving their money at the same time. Councilman Spiegel disagreed,stating the other cities saved money last year. Mayor Pro Tem Ferguson offered to direct Mr. Beckelman or his replacement to Councilman Spiegel. Councilman Spiegel agreed. Councilman Kelly seconded the motion, and it carried by a 5-0 vote. 6 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF ARTWORK SELECTIONS AND ALTERNATES FOR THE 2011/2012 EL PASEO INVITATIONAL EXHIBITION. Mayor Finerty stated she was often concerned with not having recognizable art, and asked if there was any effort expended in trying to find something that was recognizable, because she couldn't find one piece that was from the proposed selection. Public Art Coordinator Deborah L. Schwartz responded applications were sent to specific artists,which included realistic artists. She said staff opened up the call to anyone they could possibly find, because the goal was to get as many different types of art as possible and then work with what was available. Further responding, she said very few art was received that wasn't in some way abstract. Councilmember Benson stated she understood Mayor Finerty's concern for recognizable art, but she also understood times were changing. She served on the Art in Public Places Commission as a liaison and noted that all the artists were excited about this exhibition. She said Ms. Schwartz presented a series of examples the City could have had and the final selection was a good one. She said the look of art was changing, and Palm Desert congratulated itself on being a City ahead of everyone else, sa if the public liked this type of art, it shouldn't be denied the privilege of having it just because the Council didn't like it. She said Ms. Schwartz did a great job of selecting the best from what came forth, and if there was a "cow" in the bunch, the Commission certainly didn't see it. She said although Mayor Finerty didn't think the selection was recognizable, the artists did. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 Mayor Finerty admitted she was a lay person when it came to art, but she received comments that the art on EI Paseo was weird, and this year's selection was no different. She said a quick calculation of$2,575 multiplied by eighteen was about$46,000 for what was all abstract art. She said if the City was flipping the bill, why couldn't it require a certain percentage to be recognizable; therefore, she would not support staff's recommendation. Mayor Pro Tem Ferguson stated he liked the selection and learned a long time ago that one man's junk was another man's treasure, and he was certainly not calling the selection junk, but he didn't agree with all of it. However, past selections never failed to grow on him as the two-year exhibits went out. He said the City was fortunate to have artists participate, and the least it could do was pay for the maintenance cost to the artist for bringing panache or a cultural element to one of the City's best shopping districts. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Approve the eighteen sculptures and three alternates selected forthe 2011/2012 EI Paseo Invitational Exhibition; 2) approve honorariums of $2,575 for each of the participating artists. Funds will be available in Account No. 436-4650-454-4002 in Fiscal Year 2010/2011. Motion was seconded by Benson and carried by a 4-1 vote, with Finerty voting NO. B. REQUEST FOR APPROVAL OF NONPOTABLE WATER AGREEMENT (BETWEEN THE COACHELLAVALLEY WATER DISTRICTAND THE CITY OF PALM DESERT); AND AUTHORIZE THE CITY MANAGER TO FINALIZE AND EXECUTE THE AGREEMENT(CONTRACT NO. C29670). Councilman Spiegel asked if the 80 percent nonpotable water usage can be achieved. Senior Management Analyst Catherine Walker responded that in discussion with Desert Willow Superintendent Mike Tellier regarding the water usage for the past two years and speaking to Coachella Valley Water District representative, it appeared the City will be able to meet that marker fairly easily. Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject contract substantially to form; 2)authorize the City Manager to finalize and execute the Nonpotable WaterAgreement("Agreement")between the City of Palm Desert and the Coachella Valley Water District (CVWD) for water services at the Desert Willow Golf Resort. Motion was seconded by Kelly and carried by 8 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 XV. CONTINUED BUSINESS A. REQUEST FOR DIRECTION REGARDING CONTRADICTORY REQUIREMENTS OF THE MUNICIPAL CODE-RECREATIONAL VEHICLE PARKING ON PRIVATE PROPERTY (Continued from the meeting of March 25, 2010). Mr. Erwin stated that as far as the contradictions were concerned, Sections 8.40.080 and 8.40-100 were deleted,and with those deletions,there wouldn't be a conflict with State law or the balance of the Ordinance. Responding to question, he said the public will be able to park on the public right of way for 72 hours. Mayor Pro Tem Ferguson stated the Council had already dealt with the balance of the Recreational Vehicles Parking on Private Property so it didn't need to get into side yard issues or anything else. Mr. Erwin agreed. Councilman Spiegel moved to waive further reading and Pass Ordinance No. 1212 to second reading. Motion was seconded by Kelly and carried by a 5-0 vote. XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. CONSIDERATIONFORAPPROVALOFAMENDMENTSTOTHE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE RELATING TO DEFINITIONS/DEVELOPMENT OF "ROCK OUTCROPPINGS," Case No. ZOA 10-41, (City of Palm Desert, Applicant). Senior Management Analyst Ryan Stendell stated he would tackle the staff report in two parts. The first part being the action item listed in the staff report, which was a Planning Commission initiated Zoning Ordinance amendment adding to the Hillside Planned Residential (HPR) Zone, a definition of what a "rock outcropping" is and defines rock outcropping similar to a ridgeline in that you cannot develop on or across a rock outcropping, which was approved by the Planning Commission as a recommendation on March 16, 2010. The second item on the agenda was a discussion staff and Planning Commission had relative to the approved ridgeline map,which was an exhibit to the Hillside Planned Residential Zone. He said from 2007 to current, utilizing the approved ridgeline, staff identified 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 a few minor inconsistencies, which prompted staff to take a proposed amendment of the Ridgeline Map to the Planning Commission. At that time, the Planning Commission and staff discussed whether or not that ridgeline map was important enough that it should be drafted by a registered engineer or land surveyor. The direction from the Planning Commission, which came to the City Council in the form of a letter from the chair person of the Planning Commission was a recommendation for the City Council to retain an engineer or land surveyor to recreate the Ridgeline Map for the hillside areas of the City, which would include more detail and accuracy than what is available to City staff, but at a cost. Staff did contact local engineers that had extensive history with the City's hillside, but for a map of such nature, the cost was between $50,000 and $75,000 to re-create a more accurate Ridgeline Map by a registered licensed Civil Engineer and Land Surveyor. The cost would be even much higher if the Council wanted to identify rock outcroppings on that map as well. This is an item staff was looking for direction from the Council on how to proceed. In summary, he reiterated the action item on the agenda this evening was an Amendment to the Hillside Planned Residential Zone, a minor modification adding a definition and development standards that would preclude development on or across ridgelines, which staff was recommending approval. Additionally, staff was asking direction from the City Council as to the recommendation from the Planning Commission relating to the Ridgeline Map of the City. Staff received one letter opposing the proposed Amendment,which speaks of the vagueness of the definition. Staff looked to the City Attorney as far as the legalities identified in the letter. He offered to answer questions Mayor Finerty declared the public hearing open and invited public testimony in FAVOR or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Mr. Erwin asked the Council to consider continuing this matter for at least 30 days to the first meeting in May to allow him time to review the issues raised in the letter and report back to the Council. Mayor Pro Tem Ferguson stated the attorney(Peggy M. O'Laughlin) raised legitimate and helpful points. He agreed the language was grossly over broad and it would be difficult for an average resident to know whether they were building on out croppings. He asked that the Ordinance be reviewed and returned with better language. Mr. Erwin agreed. Councilman Spiegel moved to continue this matterto the meeting of May 13, 2010. Motion was seconded by Ferguson and carried by a 5-0 vote. 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin stated this week the Planning Commission decided to establish a Study Group to review permitting or prohibition of short-term rentals and perhaps even considering permitting them under certain conditions. The Study Group will consist of inembers of the Commission, interested citizens, as well as members of the City Council. He asked the Council to consider adding to the agenda consideration for appointment of one or two members from the City Council to be part of the Committee. Councilman Spiegel moved to, by minute motion, add an item to the agenda to consider the appointment of two City Councilmembers to serve on the Planning Commission Study Group. Motion was seconded by Ferguson and carried by a 5-0 vote. 1. CONSIDERATION TO APPOINT TWO CITY COUNCIL MEMBERS TO THE PLANNING COMMISSION STUDY GROUP TO REVIEW PERMITTING OR PROHIBITION OF SHORT-TERM RENTALS. Councilmember Benson and Councilman Spiegel volunteered to participate. Mayor Pro Tem Ferguson moved to, by Minute Motion, appoint Councilmember Benson and Councilman Spiegel to serve on the Planning Commission Study Group to Review Permitting or Prohibition of Short-Term Rentals. Motion was seconded by Kelly and carried by a 5-0 vote. C. CITY CLERK 1. Reminder of Budget Meeting with City Council - Friday, April 9, 2010, 1:00 - 4:00 p.m. in the Administrative Conference Room. Budget Review of Community Development, Building&Safety, Sheriff&Fire, and City Manager (includes City Clerk, City Council, Human Resources and Special Programs). Ms. Klassen called City Councilmembers'attention to the reminderfor the upcoming City Council Budget Review Meeting. Councilmembers so noted the date. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Consideration of Travel Requests and Reports: None o City Council Committee Reports: None o City Council Comments: None XIX. ADJOURNMENT On a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, Mayor Finerty adjourned the meeting at 4:26 p.m. CINDY FINERTY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 12