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Home My WebLink AboutPrelim - CC - 12/10/09 PRELI �� MINARY MINUTES T REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 10, 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 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 Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs 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 DR,�FT PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 IV. ADJOURN TO CLOSED SESSION Request for Ciosed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex 73-710 Fred Waring Drive, Suite 106, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul Gibson, City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Economic Partnership (CVEP) Under Negotiation: x Price x Terms of Payment 2) Property: 72-861 EI Paseo, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Russell Grance, City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 3) Property: 45-480 Portola Avenue, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Russell Grance, City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 4) Property: 73-697 Santa Rosa Way, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Russell Grance, City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 5) 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 6) 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 2 R�� , PRELIMINARY MINUTES �� ■ REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 7) Property: APN 628-120-005 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Roger Snellenberger 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 Conference with Legal Counsel to decide whether or not to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 2 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: John M. Wohlmuth/City of Palm Desert On a motion by Ferguson, second by Finerty, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jean M. Benson 3 PRELIMINARY MINUTES �R�4FT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 VII. INVOCATION - Mayor Pro Tem Cindy Finerty VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. REORGANIZATION OF THE CITY COUNCIL. 1) SELECTION OF MAYOR AND MAYOR PRO-TEMPORE Councilmember Benson nominated Cindy Finerty for the office of Mayor. Councilmember Benson stated Palm Desert had been a City for 36 years and 22 years ago the late Roy Wilson nominated her; she had that honor eversince, because Patm Desert had not had anotherwoman mayor. When Roy Wilson nominated her, he said, "I think it's about time we let the woman see what they can do," and it was now time for Cindy Finerty to have her share. Councilman Ferguson seconded the nomination and carried by a 4-0-1 vote, with Finerty ABSTAINING. Mayor Finerty nominated Jim Ferguson for the office of Mayor Pro-Tempore. The nomination was seconded by Benson and carried by a 5-0 vote. a) Comments by Outgoing Mayor and Mayor Pro-Tempore. Councilman Spiegel stated that last year in his incoming comments as Mayor, he had predicted it would be a tough year, which it was. However, he had to praise City employees for what they were able to accomplish with fewer people. He said City Manager John Wohlmuth did a great job in putting together a budget where he was able to cut$8 million. He said 19 employees took early retirement, but unfortunately, the majority of them had been with the City for a long time. The City is able to pay its bills because the City Manager and Employees are working together. He thanked Assistant City Manager Justin McCarthy for filling in as Interim City Manager for a couple of months while Mr. Wohlmuth was recuperating. He said the late City Manager Carlos Ortega, who was a great guy, is sorely missed, so it's been a tremendous year for 4 PRELIMINA D��T RY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 everyone in the City. Last year's minutes indicated incoming Mayor Pro Tem Finerty stated she looked forward to working with the Council and serve as the right hand to the Mayor, and that the coming year would be a learning experience for when she became Mayor. She also stated she looked forward to being a team player and recognized that all Councilmembers carried the same weight, which was the way it worked in the City of Palm Desert. He was proud to have been the Mayor for the third time, but especially proud of the people who worked in the City, because they're the ones that kept the City running and earned Palm Desert its great reputation. b) Comments by Newly Selected Mayor and Mayor Pro-Tempore. Mayor Finerty stated that after a rewarding year as Mayor Pro Tem, it was a greater honor and pleasure to be selected by her colleagues to serve as Mayor. She hoped to make the City proud and also build a consensus in decision making, which may mean continuing an item to ensure everyone's concerns are addressed. She welcomed her colleague's input as they alt have previous Mayoral experience. She hoped to make the City shine and invited everyone to share in that process. Many things have made Palm Desert great, and most recently, the City will showcase the nations first Compressed Natural Gas (CNG) ambulance and it's award-winning Energy Program that's been copied by countless cities, numerous counties, and 15 states across the nation, and she intends to continue the role of Palm Desert leading the way. She admitted being intimidated by the institutional knowledge and accomplishments of hercolleagues,and even afterthree years of serving with them, she will rely on their guidance and knowfedge. She expressed heartfelt thanks to everyone as she begins her first day as Mayor. Mayor Pro Tem Ferguson thanked his colleagues for electing him as Mayor Pro Tem. He thanked staff for what admittedly was a difficult year, not necessarily from a budget standpoint, although it had been a struggle, but because Palm Desert lost its heart and sole, the heart being Roy Wilson and the soul being Carlos Ortega. He said it was quite a one two punch to take, forthose who have been around a while and realized that much of Palm Desert's greatness was built on their shoulders. He's pleased that John Wohlmuth returned to Palm Desert as the City Manager, because he's been in Palm Desert a long time, raised his family here, and knew what the "magic" of Palm Desert was all about. He thanked his children for taking 5 DRq FT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 time from their studies to be here this evening. He noted they've sacrificed a lot due to the many hours he spent at City Hall. He looked forward to being Mayor Finerty's left hand and working with the Council. He noted this Council had the longest tenure of any Council in the Valley and a track record of working well together, but there was some smoothing out to do, but he was sure it could be done. He believed the Council will have a successful year, financially and policy wise, and it will continue the programs and policies that have made Palm Desert great. Mayor Finerty called a five-minute recess for photo taking from 4:10 to 4:15 p.m. B. PRESENTATION OF AWARD AND RECOGNITION FOR THE HENDERSON COMMUNITYBUILDING'S LEADERSHIP IN ENERGYAND ENVIRONMENTAL DESIGN (LEED) SILVER RATING. Redevelopment Manager Martin Alvarez stated that on behalf of the Redevelopment/City staff and United States Green Building Council, he congratulated the City Council in achieving Leadership in Energy in Environmental Design (LEED) Silver Certification for the Henderson Community Building, which was the City's second building with Silver Certification. He said LEED Silver Certification identified the Henderson Community Building and the City of Palm Desert as pioneers in sustainable design. A plaque was presented to the Council, which will be displayed at the Henderson Community Building. He also recognized the following members that were involved: Architect, Patel Architecture; Civic Engineer, Stantec and The Altum Group; Mechanical, APEC and EQS; Electrical, Randal Lamb; Plumbing, APEC; Landscape, HSA; Commissioning Agent, Engineering Economics, Inc.; Construction Manager, Barnhart, Inc.; Contractor, Steton Construction Group. In addition, he thanked the following City staff: Missy Grisa, Heather Bu�ck, Ahmad Karimi, Brad Chuck, Mark Greenwood, Russell Grance,Sam Szymanski, Lauri Aylaian,and the various departments who assisted with this project. MR. LAYNE ARTHUR stated he represented Barnhart, Inc., who was the Construction Manager for the project. He said McGraw-Hill was an industry service organization that monitored the construction industry, which published several magazines. One of those magazines, California Construction, annually selected quality projects in different categories, and this year he was honored to accept an award under the Green Building categoryforthe Henderson Building. He presented the plague to the Council and congratulated the project team. He noted he received a plaque for the Architect as well. 6 DR�4FT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 MR. ERIC COREY FREED on behalf of the Coachella Valley Branch of the U.S. Green Building Chapter (USGBC), he thanked the Council for its support of the project. He looked forward to seeing Palm Desert as a leader in Green Building. He said buildings compromised 50% of the global warming emissions, so of any other industry, it was a great place to start to make a difference. Mayor Finerty noted she and Mayor Pro Tem Ferguson toured the new Sheriff's building and learned that it will also receive a Silver LEED Certification. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of November 12, 2009, and November 26, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY- Warrant Nos. 108, 112, 113, 114, 118, 119, 122, 123, 127, and 128. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Segovia of Palm Desert, 39-905 Via Scena, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jensens Complete Shopping, 73-601 Highway 111, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Gelato Bella Vita, 74-998 Country Club Drive, Suite 240, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Le Paon Restaurant, 73-399 EI Paseo, Second Floor, Palm Desert. Rec: Receive and file. 7 C��,4,�T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 G. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Cultural Resources Preservation Committee Meeting of October 27, 2009. 2. Landscape Beautification Committee Meeting of October 21, 2009. 3. Parks and Recreation Commission Meetings of October 6, and November 3, 2009. Rec: Receive and file. H. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Records from the Department of Building & Safety That Have Been Digitally Imaged (June 2009, July 2009, August 2009, and Closed Investigations, Set Number Two). Rec: Waive further reading and adopt Resolution Nos: 1) 09-58 - June 2009 Records; 2) 09-59 -July 2009 Records; 3) 09-60 -August 2009 Records; 4) 09-61 - Closed Investigations - Set Two Records. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28330 - Highway 111 Record of Survey Project (Project No. 635-08) (Hunsaker & Associates, Palm Desert, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28790 - Desert Willow Mountain Irrigation Pump Station Filtration System Project (Variable Speed Solutions, Inc., Huntington Beach, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28850 - Corporation Yard Re-Roofing Project (Best Contracting Services, Gardena, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 8 � E � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29020 - Portola Avenue Sidewalk Extension, Magnesia Falls to Whitewater River Bridge (Project No. 657-08) (Contreras Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M. REQUEST FOR REFUND of Fire Alarm Fees for 34-390 Gateway Drive, Palm Desert (Tiffanie Bryant of JMG Security Systems, Applicant). Rec: By Minute Motion, refund Fire Alarm Permit Fees in the amount of $3,944 for permits 09-46777-46783 and 09-46785 for project located at 34-390 Gateway Drive, Palm Desert, California. Funds are available in Inspection Service/Fire Inspection Service, Account No. 110-0000-342.27-10. N. REQUEST FOR APPROVAL of Industrial Shoe Company Providing Safety Footwear for City Employees for Fiscal Year 2009-2010. Rec: By Minute Motion, approve Industrial Shoe Company, Santa Ana, California, to provide safety footwear for City employees for Fiscal Year 2009-2010. O. REQUEST FOR APPROVAL to Purchase a Surplus Medic Unit from the City of Indian Wells to Serve as a Reserve Medic Unit forthe City of Palm Desert. Rec: By Minute Motion: 1) Approve the purchase of a surplus medic unit from the City of Indian Wells, Indian Wells, California, in the amount of$8,000 to serve as a reserve medic unit for the City of Palm Desert; 2)appropriate$8,000 from the Fire Fund Account No. 230-4220-433- 4030, for said purchase. P. REQUEST FOR APPROVAL of the 2010 Master Consultants' List of Qualified Professional Services Consultants(Joint Consideration with the Palm Desert Redevelopment Agency and Housing Authority). Rec: By Minute Motion: 1) Approve the 2010 Master Consultants' List appended to the accompanying staff report; 2) authorize staff to negotiate agreements and contract amendments with the qualified consultants listed therein for up to $25,000, and authorize City Manager/Executive Director to execute same; 3) approve the proceedings for selection and award of contract as set forth in the staff report authorized by Section 3.32.090 of the Palm Desert Municipal Code. 9 DRAF'T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 Q. REQUEST FOR AUTHORIZATION to Contract with T-Mobile for Cellular Phone Service for the Desert Willow Resort (Contract No. C29380). Rec: By Minute Motion,authorize a two-yearcontractwith T-Mobile cellular phone service for the Desert Willow Resort in an amount not to exceed $31,896. Funds are available in Fiscal Year 2009/2010 Desert Willow Operating Budget, Fund 520. R. REQUEST FOR AUTHORIZATION to Release Performance Security for Precise Plan No. 07-13 and Accept Maintenance Security for a Period of One Year(Firestone Tire Store/Fountainhead Indio, L.P., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Performance Security for Precise Plan Map No. 07-13 and accept Maintenance Security for a period of one year. S. REQUEST FOR AUTHORIZATION to Advertise and Issue a Request for Proposals (RFP)forthe Design and Construction of Projects Relating to the Energy Efficiency and Conservation Block Grant (EECBG). Rec: By Minute Motion, authorize the City Clerk to advertise and issue a Request for Proposals (RFP) for the design and construction of projects relating to the approved Energy Efficiency and Conservation Block Grant (EECBG). T. REQUEST FOR AUTHORIZATION for Staff to Collect a $2,000 Deposit for Water Quality Management Plan (WQMP) Review. Rec: By Minute Motion,authorize staff to collect a$2,000 deposit for Water Quality Management Plan (WQMP) review. Upon a motion by Kelly, second by Ferguson, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 10 DR�FT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 XII. RESOLUTIONS A. RESOLUTION NO. 09-62- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE INTENTION TO AMEND ENERGY INDEPENDENCE PROGRAM (EIP) REPORT AND ADMINISTRATIVE GUIDELINES AND SETTING A PUBLIC HEARING THEREON. Mr. Wohlmuth noted a revised staff report was provided to the Council yesterday and asked Finance Director Paul Gibson to review the revisions and the suggested changes to the Resolution's intent and Energy Independence Program (EIP). Mr. Gibson stated a monthly meeting is held with the City Manager, Councilman Ferguson, Assistant City Manager Justin McCarthy, the City's two legal counsel members, and himself to discuss how the program would be funded in the future. In the process of discussing the guidelines, it was indicated that when former City Manager Carlos Ortega proposed the program, the intent was to keep the interest rate at� a level the residents could afford. Therefore, they reviewed the interest rate and made the adjustment in the revised staff report to reflect what the current program was. In the future, if the City decided to expand the program, it will go out for a bonding capacity and revisit the interest rate. The other part of the discussion was at what level would the City fund the program. The City was currently being funded at$6 million, and it was proposing to raise it up to$15 million in total. He said $5 million would be from Redevelopment investment in the program, and an additional $4 million would come from the City's General Fund. He said those were the two basic changes reflected in the revised staff report. The purpose of the Resolution is to establish a date certain for the guidelines to be adopted and provide notice for a public hearing the first meeting in January. Mayor Pro Tem Ferguson moved to waive further reading and adopt Resolution No. 09-62. Motion was seconded by Finerty and carried by a 5-0 vote. 11 DR � PRELIIVIINARY MINUTES � REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1201 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 24 ENVIRONMENT AND CONSERVATION, CHAPTER 24.04, WATER-EFFICIENT LANDSCAPE ORDINANCE IN ITS ENTIRETY, AND REPEALING MUNICIPAL CODE SECTIONS 8.70.330 AND 12.08.010 IN THEIR ENTIRETY. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1201 to second reading. Motion was seconded by Kelly and carried by a 5-0 vote. For Adoption: A. ORDINANCE NO. 1200 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.36 REGULATION AND PROHIBITION OF SMOKING OF THE PALM DESERT MUNICIPAL CODE. MR. WES STROTHER, Shadow Mountain Drive, Palm Desert, CA, stated he was not a cigarette smoker and didn't like cigarette smoke, but he did enjoy the occasional cigar. Two points he wished to speak on were the rights of business owners to cater to the clientele they chose and the rights of smokers. The proposed Ordinance intends to keep people 20 feet from a business entrance. He couldn't think of a single business in Palm Desert where he encountered lots of people hanging around smoking by the front door, but even if there was, it should be the business owner that dealt with it and not the City. The City can regulate City-owned buildings, but not a private business, and trying to veil this as a health issue was ludicrous. The amount of secondhand smoke that someone may encounter in the 10 or 15 seconds as they passed by was infinitesimal. He said the underlying agenda of this law was to further limit the smokers right to enjoy the patios and outside dining areas of restaurants and coffee shops. He said to call it was it was, which was the "nuisance" factor, and the nonsmokers demand for a smoke-free world. The quote in The Desert Sun by Councilman Ferguson stated "it allowed smokers to smoke in private." He said smokers didn't want to smake in private and why should they have to. He questioned why smokers were not entitled to enjoy the outdoor dining experience and camaraderie with other patrons. He couldn't understand the arrogance by nonsmokers and why they and their guests were more entitled to the outdoor patio than smokers. He said nonsmokers were already entitled to inside dining because of the small closed space in most restaurants, which he agreed. However, the same claim couldn't be made for the outdoors. Most 12 PRELIMINARY MI " �"�� 4� NUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 businesses already prohibited smoking on their patio, which was their right to impose as a business owner, but now the City was telling businesses what clientele they can cater to. Many businesses, especially small businesses, cannot accommodate the 20-foot requirement. His favorite cafe can no longer allow smoking on their patio, and he was there almost daily with his friends, family, clients, which are both smokers and nonsmokers. He said this business could easily lose 10-15 customers a day, which averaged to about$150 a day or$3,000 to$6,000 a month,which could be the difference between paying the bills and going out of business. In looking at the scarce business on EI Paseo, he didn't think the City could justify running out another small business. He said smokers will have to find a place that can accommodate the 20-foot requirement like Starbucks, which had a larger location. He said this law helped the big guy, but it was punitive to the little guy. He said tourists came from other countries and places where they are allowed to smoke. He said this law would not help Palm Desert and asked that the Council reconsider. Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance No. 1200. Motion was seconded by Kelly and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION OF LEASE FOR PHOTOCOPIER EQUIPMENT FROM XEROX CORPORATION. Councilmember Benson moved to, by Minute Motion: 1) Authorize the leasing of copier equipment from Xerox Corporation, Los Angeles, California, in the amount of $5,198.75 per month forfive years; 2) authorize execution of purchase orders for leasing of equipment and maintenance cost. Funds are available within the General Fund Account No. 110-4159-415-3420. Motion was seconded by Kelly. Councilman Spiegel stated Barbara deBoom from the Chamber of Commerce inquired about this contract going out to a Los Angeles contractor, but actually a local branch of Xerox would be handling the contract. Mayor Finerty called for the vote, and the motion carried by a 5-0 vote. 13 � � �°� � �. _ PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 B. REQUEST FOR AUTHORIZATION TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL MARKETING AND DESIGN SERVICES AT THE DESERT WILLOW RESORT (CONTRACT NO. C29390). Councilman Spiegel asked if Full Gallop Marketing was the previous vendor. MR. RICHARD MOGENSEN, Desert Willow Golf Resort General Manager confirmed Full Gallop Marketing was the previous vendor at a cost of $44,000 a year, and staff was now recommending Blue Moon at $57,000, which will provide significantly more changes to some of the marketing materials. The change in the company was necessary, because Full Gallop Marketing decided not to renew their agreement. Councilmember Benson asked if there was a local company that submitted a proposal. MR. MOGENSEN responded there was a total of 17 proposals. A committee that included Marketing Manager Kristy Kneiding interviewed the final four or five, and Blue Moon was chosen based on experience and the myriad requirements for the next year. Mayor Pro Tem Ferguson stated staff reports usually showed the top candidates and bids, and the City usually went with the lowest bidder, unless there was an exception, but then those exceptions were listed. MR. MOGENSEN stated when the firms were evaluated, the difference between them was professionalism, which was number one. They made sure the company's marketing campaigns matched the criteria for. the establishment, because they are very proud of Desert Willow. He looked at the fact that financially it had to make sense within the scope of the current budget, because it's a Kemper Managed marketing contract. They looked to see if the company was competitive, because some of the local groups also marketed the competition in the Valley. He said there was a whole series of criteria that was reviewed that included professionalism, presentation, and how they marketed themselves. He said the committee went through an elaborate interview process. Mayor Pro Tem Ferguson asked if the scoring was available. Redevelopment Manager Martin Alvarez responded he didn't have that information with him, but he could go to his office to secure the information. 14 � °�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 Mayor Pro Tem Ferguson asked who the top three candidates were. MR. MOGENSEN responded the top three candidates were The Buzz Factory, Kiner Communications, Blue Moon, and Smith Communications from Orange County. Further responding, he said The Buzz Factory was �located in Palm Springs, but Kiner Communications was the only group from Palm Desert, but they market Fantasy Springs and its golf course. He said Blue Moon was the second to the lowest bid, stating that some of the bids were twice the amounts proposed this evening. The lowest bidder was not invited back for the interview portion, because their scope didn't handle exactly what was requested in the Request for Proposal (RFP). Councilman Spiegel moved to, by Minute Motion: 1)Authorize the City Manager to negotiate an Agreement for Professional Services with Blue Moon Advertising, San Diego, California, in an amount not to exceed $57,000; 2) authorize the Mayor to execute the Agreement. Funds are available in the Desert Willow Fiscal Year 2009/2010 Operating Budget, Fund 520. Motion was,seconded by Kelly and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF DESERT FLORA DESIGN, THE PROPOSED CITY OF PALM DESERT DE�IGN MANUAL FOR ONLINE PUBLICATION. Mayor Pro Tem Ferguson moved to, by Minute Motion, approve Desert Flora Design, the proposed City of Palm Desert Landscape Design Manual, and authorize its online publication. Motion was seconded by Spiegel and carried by a 5-0 vote. D. CONSIDERATION OF PROPOSAL, "JOURNEYS OF THE IMAGINATION" BY GARY PRICE AS THE PUBLIC ART COMPONENT FOR EL PASEO VILLAGE. Mayor Pro Tem Ferguson said it was unusual for him, but he actually liked the art and didn't understand why it was turned down by the Art in Public Places (AIPP) Commission. He said the piece was perFect for EI Paseo. Councilmember Benson stated she was at that meeting as the Council's liaison and took particular interest in why it was turned down, which had to do with the number of pieces the artist projected to do. She believed the number was around thirty, and the Commissioners were afraid to see this art piece everywhere. However, the letter received from Mr. Robert D. Fliday indicated there were none in California, which was not communicated at the meeting. She thought that could be a condition that no other piece appear in California. She said the AIPP denial was not an objection to the art, but an objection to the number of pieces. 15 � �� rr�;� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 Public Art Coordinator Debra Schwartz noted the artist was willing to change two components of the piece that is part of the group of thirty. Therefore, it would technically be one of one, because there would be a change to the mold. Mayor Pro Tem Ferguson stated he read about the changes in the letter, but he liked the art piece the way it was. Ms. Schwartz stated the EI Paseo Village proposed the piece with the changes. The two small proposed changes are that the boy at the bottom would be working on a laptop instead of reading a book and have an MP3 player. Councilman Spiegel asked if the artist was willing to keep the others out of California. MR. JOSHUA PACQUETTE, represented/owned the J. Willot Gallery, and also represented Gary Price, who was an internationally recognized artist to a lot of people here in Palm Desert. If you've been to The Gardens in the last five years, you will see art pieces with children cartwheeling and playing Ring around the Rosy, which are Gary Price art pieces on public display at a cost of more than a quarter of a million dollars to himsel#. The proposed piece was now more an extension of the aesthetics of something thaYs already working at The Gardens, and they are interested in this piece. As a business owner, he wanted EI Paseo to be as special as anybody else, especially today with the vacant spaces, and knowing that the artist was willing to go the extra mile to actually create a one-of-a-kind piece specific for this project, with the computer store that's going in, to add the laptop and MP3 player. He thought it was a great piece, and he was willing to add to the contract a condition that there wouldn't be another piece in California for public display. Mayor Pro Tem Ferguson moved to, by Minute Motion,deny staff's recommendation and instead approve the art to be a one-of-a-kind design, "Journeys of the Imagination" by Gary Price, as the public art component for EI Paseo Village, with the condition that it be the only such piece for public display in the State of California. Motion was seconded by Benson and carried by a 5-0 vote. 16 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 E. REQUEST REVIEW OF PROJECTED CITY OF PALM DESERT GENERAL FUND REVENUES FOR FISCAL YEAR 2009-2010. Mr. Gibson stated that as part of the action for the 2009-2010 Budget, Council requested that staff provide a report on a quarterly basis. He said the staff report showed the General Fund revenues of the major accounts tracked on a regular basis, and the two major ones that have dropped are Sales Tax and Transient Occupancy Tax (T.O.T.). Sales tax dropped from $15.9 million to $13.6 million, and T.O.T dropped from $8 million to $6.7 million, and the rest of the report showed minor changes up and down, which reflected an overall drop from$46,982,000 to$43,481,000,which was about a $3.5 million adjustment in revenues. . In the staff report, staff noted a couple of items that could be deferred by transferring out of the General Fund, which would lower the expenditure. One item would be the transfer out for depreciation in the amount of$210,000, and the other item would be the retirees' health allocation from each of the Departments in the amount of $495,000. The City would not transfer out to CaIPERS Trust, but still transfer out to a separate fund and use when needed. He said staff would be recommending the two adjustments outlined. When staff went to Council in August, the budget was adjusted to reflect early retirements so that it had a surplus of$781,000,which left a revenue difference between expenditures of $2,719,000, and if Council took into consideration the two items mentioned, it will bring the deficit down to $2 million. Mayor Pro Tem Ferguson asked if staff's recommendation was to receive and file the report. Mr. Gibson answered yes. Mayor Pro Tem Ferguson moved to, by Minute Motion, receive and file the report on projected General Fund revenues for Fiscal Year 2009/2010. Motion was seconded by Spiegel and carried by a 5-0 vote. XV. CONTINUED BUSINESS None 17 � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF ACTIONS RELATED TO PROPERTY TRANSACTION FOR PROPERTY IMPROVEMENTS; ADOPT THE MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE EXECUTION OF THE NOTICE OF DETERMINATION; AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR INTERSECTION IMPROVEMENTS AT PORTOLA AVENUE AND FRANK SINATRA DRIVE (PROJECT NO. 572-08) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro Tem/Vice Chairman Ferguson moved to, by Minute Motion: 1)Approve Alternative 1 or the location of the retention basin, utilizing the approximately 4.3 acres on the southwest corner of the 20-acre property owned by the Redevelopment Agency(RDA); 2)Authorize the Chairman to Execute the Grant Deeds for Parcels 620-400-003 and 694- 200-005; 3) Authorize the City Clerk to accept and file the Grant Deeds for Parcels 620- 400-015 and 620-400-016 pursuant to Resolution No. 77-48; 4) Authorize the Mayor/Chairman to Execute the Grant of Easement for Parcels 620-400-003 and 620-400- 004; 5) Adopt the Mitigated Negative Declaration (MND) and authorize the Director of Public Works to execute and file the Notice of Determination (NOD)with the County Clerk and the Governor's Office of Planning and Research for the Intersection Improvements at Portola Avenue and Frank Sinatra Drive(Project No. 572-08); 6)Authorize Advertisement for bids for the Intersection Improvements at Portola Avenue and Frank Sinatra Drive (Project No. 572-08). Funds are available for the construction of this project in the following accounts: Measure A Account No.213-4548-433-4001; Drainage Fund Accounts Nos. 232-4548-433-4001 and 420-4548-433-4001; and Traffic Signal Fee Account No. 234-4548-422-4001. No General Fund monies are required for construction. Landscape funds are available in the following accounts: Capital Project Reserve Account Nos. 400- 4311-433-400 and 400-4363-433-4001. Motion was seconded by Spiegel. Councilman/Member Spiegel asked if the actions represented an increase or decrease in the price. Mr. Greenwood responded the project was still close to the original budget. Mayor/Chairman Finerty called for the vote, and the motion carried by a 4-0 vote, with Kelly ABSENT. 18 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 B. REQUEST FOR AWARD OF CONTRACT NO. C29400 FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE PALM DESERT AQUATIC CENTER TO GOULD EVANS ASSOCIATES IN THE AMOUNT OF $992,700 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro Tem/Vice Chairman Ferguson stated a swimming pool subcommittee was formed that included all relevant City staff and contractor. Much like the Desert Willow subcommittee, this one will have oversight to ensure it stayed within the budget and delivered the best quality/product available for the various competitive teams and uses for the park site. He was impressed with the services contemplated by this contract. Mayor Pro Tem/Vice Chairman Ferguson moved to, by Minute Motion: 1)Authorize the subject contract for design and construction support services for the Palm Desert Aquatic Center to Gould Evans Associates, Phoenix, AZ, in the amount of$992,700; 2) Authorize the Finance Director to set aside the amount of $99,270 as 10% contingency (use of contingency requires additional action). Funds are available in the Park Fund Account No. 233-4602-454-4001 ($359,586); and Project Area 2 Aquatic Facility Capital Budget Account No. 851-4549-454-4001 ($633,114). Contingency funds are available in Account No. 851-4549-454-4001. No General Fund money is being used for this expenditure. Motion was seconded by Finerty. Councilman/Member Spiegel stated there had been talk about possibly furloughing or cutting additional employees because of the budget, if not this year perhaps next year. Even though he knew this project would be funded with redevelopment dollars, it was still looking at $20 million at a time when the City had to cut back. The last time this item was discussed, Councilmember Benson commented on the high cost of the project,and after reflecting on it, he thought she had a good point. Mayor Pro Tem/Vice Chairman Ferguson clarified the $20 million project he was referring to was for the pool that included all the water features, and this project was just for the pool. Mayor/Chairman Finerty called forthe vote, and it carried by a 3-2 vote,with Benson and Spiegel voting NO. 19 � � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 C. REQUEST FOR APPROVAL OF AMENDMENT TO THE NOTE SECURED BY DEED OF TRUST TO THE FRIENDS OF THE DESERT MOUNTAINS. Councilman Spiegel commented he hoped Friends of the Desert Mountains could obtain the money to pay the City back. Councilman Spiegel moved to, by Minute Motion, approve an Amendment to the Note Secured by Deed of Trust by and between the Friends of the Desert Mountains (Friends) and the City of Palm Desert (City). Motion was seconded by Ferguson and carried by a 5-0 vote. D. REQUEST FOR APPROVAL TO EXECUTE A ONE-YEAR EXTENSION OF CONTRACT NO. C22166 FORJANITORIAL SERVICES FORTHE CITYOF PALM DESERT PARKVIEW OFFICE COMPLEX. Councilman Spiegel moved to, by Minute Motion, approve and execute the extension of the subject contract with D.W. Nicholson, LLC, DBA Desert Building Services, Rancho Mirage, California, to perform janitorial services at the City of Palm Desert Parkview Office Complex for one additional year in the amount of$73,020. Motion was seconded by Ferguson and carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. 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) (Continued from the meeting of October 8, 2009). Assistant Planner Missy Grisa stated approval of an amended recreational vehicle(RV)ordinance would provide the Architecturaf Review Commission (ARC) with a more definitive standard to apply to the cases they reviewed. In the past they've had to review cases based on the current Ordinance language that read, "substantially screened," or "adequately screened," which is very subjective to each reviewer. In June 2009, the City Council approved a recommendation by ARC to amend Chapter 8.40 of the City's Recreational Vehicle Code. This approval also directed staff to research RV standards from other jurisdictions to include a more definitive ordinance.The Council also provided staff to meet with the ad-hoc committee on the issue, and on August 27, 2009, the City Council approved and imposed a 45-day Moratorium on requests to approve new RV locations until the RV Ordinance was amended; the 45-day Moratorium expired on October 11, 2009. Staff presented the proposed RV Code amendments to the City Council on October 8, 2009, where the item was continued to this day. In addition, the matter was referred back to the subcommittee with staff directed to select 20 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 two or three interested residents to the subcommittee, and a second City Councilmember was selected to join as well. Prior to the first proposed amendment, staff researched ordinances from neighboring cities, and after a thorough review of each of these standards, staff drafted the first rendition of the proposed Ordinance. After the moratorium was approved, the subcommittee was formed to evaluate the amendments and gain varying perspectives on the proposed revisions. The subcommittee consisted of staff from Planning, Code Enforcement, one City Councilmember, one Architectural Review Commission member, and two Palm Desert residents. A diagram was also created with the first rendition of the proposed Ordinance to serve as visual aid to the subcommittee and to future applicants. On September 22, 2009, the proposed amendments and diagram handout went to the ARC for final consideration of the first proposed amendments. The Commission discussed various options at length, ultimately requesting minor revisions. In particular, they suggested adding an exception process, which staff did, and it was unanimously approved by the ARC. The proposed amendments went forward to the City Council on October 8, 2009, where the matter was continued, and another Councilmember was appointed to sit on the subcommittee, along with three new residents, and later two more residents were added at the Council's request. Discussions continued on this revised amendment for larger RVs in the side and rear yards, but no clear agreement between parties in favor of or in opposition to parking vehicles on private property was reached. There was a split opinion regarding this matter, and it was decided that it would move forward to the City Council for a vote or further direction. She displayed the revised handout and reviewed the various setbacks, stating staff proposed a 6-foot setback. In the first rendition, the setbacks related to RV parking were in relation to zoning setbacks of a property. Each property is zoned differently based on whether it's a single-family residential, multiple-family, etc. This issue went back to the subcommittee, and it was agreed that some of those setbacks were too large, which sent staff back to research varying standards. Each of the cities had various standards that were under discretionary review, just like Palm Desert was now. Staff went to the Landscape Department to ask what a minimum planting space would be to screen a RV 75%, which was determined to be six feet. In one of the subcommittee meetings, it was made clear that RVs parked in the side yard and front yards were not appropriate, and the subcommittee did not want to see RVs in those areas anymore. If a person had a corner lot with one side being the front yard and the other side being a side yard, a RV of 7-feet high or more up to 12-feet, would have to be parked behind the side facade of the house. Staff incorporated new language into the final proposed Ordinance that requires moving large RVs from street side yards to a location behind the side facade of the residence; removing front yard parking locations completely, reduced setback dimensions to six feet away from the property line for vehicles measuring seven to 12 feet in height; temporary parking regarding loading/unloading, cleaning, charging, etc., restricted to a 24-hour 21 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 period, with the word "actively" being a key definition; providing emergency egress from residences being maintained between the RV and the residence. In addition, with the reduced setback of six feet, the exception procedure was eliminated. She noted the staff report had Chief Cooley's e-mail attached regarding the Fire Department's concerns. The existing Ordinance provides for charging a fee to process applications through the steps of the ARC review. The City Council set a policy of waiving the fee many years ago, but staff and subcommittee recommended that the fee be reestablished in the amount of$168.00, which was the equivalent to the cost of processing similarcases through the ARC. Stafftypically spends four plus hours on recreational vehicle cases that involves discussion with the applicant to get a full submittal, field site review, preparation of legal notices, noticing neighbors, writing an ARC staff report, and the actual presentation at the ARC meeting. She offered to answer questions. Mayor Finerty declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. SUSAN R. CARNEY, Fairway Lane, Palm Desert, CA, thanked the Council fortheir support and concern for property owners like herself who did not own a RV, because it was clear that RV parking was a serious problem in Palm Desert. Quoting from the October minutes, she said Councilmember Benson stated the Ordinance had appeared to have wiggle room for people to take advantage, there should be one place for Rvs and should not be seen, and people parked RVs where it was questionable; Mayor Spiegel stated there were places in Palm Desert where RVs should not be permitted; Mayor Pro Tem Finerty stated she would hate to pass an ordinance and later regret it. She displayed photographs for Council to view, stating that when she bought the lot on Ironwood Street, she never imagined she would be before the City Council on a serious issue of safety regarding a modern size RV, which was similar to a bus and represented a large fire load as noted in an e-mail from Fire Chief Cooley. She said with the potential threat of fire spread, the City should remain consistent with current City Ordinances and require the same setback for RVs as are maintained for permanent structures. She displayed a photograph of her neighbor's RV that took up all her daylight view away, stating she shouldn't have to look at it. She said adjustments could be made, in terms of the maximum height of a RV, and suggested a 9- or 10-foot maximum. Her ultimate preference would be that they are restricted to the setback of the building structure. She didn't see a lot of difference between a large RV and a building structure, in terms of the impact. She felt her property value and the enjoyment of her home had been affected. 22 ` �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 MR. GENE POE, Buena Circle, Palm Desert, CA, stated he's lived in Palm Desert for 50 years. As a rebuttal, he said when one moved into a new property, if there's already a RV there, you knew what you were getting into, which was his opinion in relation to property rights. He felt property rights were being stepped on, because people who bought homes with a big lot, did so in order to put a RV on their property to avoid paying $200 to $300 a month to store it, especially if one was on social security. He said the 6-foot distance from the property line was not realistic as most homes didn't have much space on either side of the house to get by the building. He said two feet was enough space for planting, but one should not be required to plant palm trees or anything else to screen a RV; barriers looked worse than looking at the side of a house. He said there was no reason, for people who bought their lot for the purpose of parking a RV, to be restricted. He said his RV also served as earthquake prevention, in that he would have a place to live for survival if his house came down. He agreed RVs should not be in the � front yard or in public view, but instead parked behind the side yard. He said when the City installed a block wall off Fred Waring, the City didn't ask him if they could put it up, yet it blocked his view of the mountains. He didn't see any reason for the City to change the rules after all these years, stating he'd hate to think how many RV owners would be here this evening, if they knew about the proposed Ordinance. Lastly, he saw no connection of this issue with the health, safety, and welfare of the community. MR. RICHARD BENBOW, Covered Wagon Trail, Palm Desert, CA, stated he lived in Palm Desert for ten years. He bought the property because it had RV parking. His RV had been behind the wall for ten years off and on, but now he's told that because he's on a corner lot, he will not be able to have a RV there behind the wall or at all. He said Black Rabbit Street had no homes on it, and they all side face the street. He's never received a complaint, and it seemed strange the Ordinance was now split between parking on the side yard to the middle of the block, which didn't seem fair or legal. He said this was his retirement home, and he wasn't going any place else, but he couldn't afford $200 to $300 a month to store his RV. He asked the Council to think of everyone in the community and not just someone driving down the street. MS. SUSAN PRIDE, Burroweed Lane, Palm Desert, CA, stated she was a native born in this County and lived in Palm Desert for many years. She thanked the City Council for its endless devotion to keeping the integrity of Palm Desert in its highest regard. She said the Council had a serious legal matter on their hands here today. In the past, these RV cases had proven somewhat difficult to the Commission due to the language that reads, "deemed adequate. to screen." In both the old and new amendment, the Ordinance is listed in the Palm Desert Municipal Code under Health and Safety. She asked the Council to make the City's health and safety the first 23 ,, � � � � f� r k::��d � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 priority for its residents. She read a portion of Chief Cooley's statement from the e-mail attached to the staff report that read, "The primary concern was life safety followed by protection of property,which must be maintained even if RVs are allowed to park on the side wall. Modern RVs have grown to bus-size proportions and present a large fire load. It is our belief that due to this potential threat of fire spread, we should maintain consistently with the current City Ordinance and require the same setback for a RV as are maintained for permanent structures." She asked if the new proposed amendment protected the safety of the neighbor who lived next door to a large bus. She disptayed a photograph that illustrated an extension from the wall, which had not been seen by anyone, stating the extension did not allow the proper setback for the large bus, and it would never be allowed. At the October 8 meeting, Councilman Kelly,who participated in the RV Committee stated he was familiar with Mr. Smith's home and RV situation, which was beautifully screened. Those who live in the neighborhood need help understanding how this large bus had been allowed to be parked and stored on private property without ever acquiring a legal permit. In fact, all the RV owners who spoke at the October 8 meeting stated they never applied for a permit, yet City Attorney Dave Erwin said they would probably be grandfathered, including Mr. Smith's RV, since there had been no complaints, and it would be treated as if a permit existed. She-said many complaints have been called in regarding Mr. Smith's large bus, but City staff has ignored them and done nothing. She said the new amendment favored RV owners and rewarded those who parked a RV on their property without a legal permit. She asked if Councilman Kelly favored those who lived in this neighborhood and if he was the right Councilmember to be on the RV Committee, stating it was a conflict of interest. She said it was the job of elected officials and City employees to protect property rights and property value of the citizens of Palm Desert. She said the pursuit of happiness did not rest on one side of the fence, and enjoyment of property and protection of property value for those who do not own a RV was a constitutional right. Mayor Pro Tem Ferguson interjected and asked Ms. Pride to refrain from trying to derail Councilman Kelly, stating it was more constructive for her to point out which paragraph in the Ordinance was written favorably to RV owners and what changes she would like the Council to make. MS. PRIDE stated the Ordinance indicated one could screen a recreational vehicle 75%with plants or shrubs, but the ARC already approved those RV's represented in her photographs without the adequate setback. Mayor Pro Tem Ferguson asked how Ms. Pride proposed changing the amendment. 24 ' �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 MS. PRIDE said she had a picture of a neighborwho built a beautiful garage that enclosed the RV, and it aesthetically enhanced the neighborhood,which was built with consideration for everyone. She offered to display a picture of it. Mayor Pro Tem Ferguson said he couldn't put a picture in the municipal code and what he needed was language that guided future and current RV owners on how to conduct themselves. MS. PRIDE stated it was possible that the definition of a RV needed to be considered, because the RV she was referring to was more like a bus. Responding to question about the maximum size of a RV, she said if the fence was six feet and the RV was 9-feet tall, it could easily be screened with trees or shrubs, but not a large bus. She said Mr. Smith bought his home because there was adequate space, and he remodeled it beautifully, but he could have enclosed the whole thing. She believed his large bus was what caused all the problems for those who owned a 9-foot or smalter RV. She thought it would be best for those with bus-size RVs to store them or consider building a garage. She noted the City of Palm Desert had many facilities where RVs can be stored. Those who didn't own a recreational vehicle sympathize with RV owners, but there was a lot of responsibility that came with owning one. She said she wasn't trying to brow beat Councilman Kelly, but he was part of the neighborhood, and he stated Mr. Smith's RV was beautifully screened, and iYs not. She said complaints had been called in many times about it, yet there's no record. MR. KEN STENDELL, Ironwood Street, Palm Desert, CA, stated he was one of the chosen individuals that were selected to participate in the ad-hoc committee to help resolve this issue and felt there was a good balance of both pros and cons presented. He said Ms. Grisa and Planning Department had done a relatively good job in making amendments that were helpful. However, he's concerned the 6-foot setback would limit many who did not have side yards. Although he didn't currently own a RV, he personally went through an extensive process with more than an hour's worth of discussion to obtain a permit, and he was ultimately allowed conditionally to have a RV on the side yard, which he was grateful. He said the 6-foot setback was contrived to greatly limit the number of lots that will allow RVs. He said fire safety input was never discussed at the meetings, yet it was now becoming an issue. He didn't think there was necessarily a fire and safety issue in this given situation. Lastly, in the proposed Ordinance, Section 8.40.070, Item E talks about permits to be obtained_every six each year. Item F states that no parking permitwould be required forthe sole purpose of"actively" loading and unloading, cleaning, and preparing a RV for a 24-hour period was a good compromise. The only problem he had was with Definitions, Section 8.40.020 where "actively" is defined as someone being present forthe entire time. In this day and age where many families, both husband and wife 25 � �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 worked and children went to school, there will be a period of time when no representative would be on the property. He said preparation for a RV trip usually started on Thursday after work, and RV is cleaned, loaded, and completed on Friday, and vice versa on the way back. He believed this item had to be treated as a "good neighbor" issue. He said neighbors had to join together to better focus on ideas and ways to resolve this issue, but making a restrictive ordinance with definite limitations where people would be precluded from using their side yards for RV parking was not necessarily the way to go. He recommended that "actively" be redefined to allow people to use that 24-hour period. MR. FRANK TAYLOR, Texas Street, Palm Desert, CA, stated he too had an occasion to be part of the subcommittee and appreciated the Council's work, including the 45-day Moratorium. The subcommittee went through a lot of different items, and with the help from Councilmembers who were part of the subcommittee, many issues were addressed. He said much of this started on the east end of Palm Desert, because many lots are too small to handle a RV or trailer, and this issue had grown to another position. His intention was to just thank everyone that took part in the proposed Ordinance until he saw this evenings photographs of RVs parked next to people's houses; he was flabbergasted. His main point about RVs was twofold in that he owned a boat, stored it, and paid the required fees. He said it would be easy, in the case of an earthquake, to get a RV out of storage, bring to their location, and stay in it. He said in many cases RVs cause blight, and the Council had shown that it tried to make Palm Desert a quality place for residents and visitors to come, which he appreciated. He was having a hard time contemplating that a RV permit was issued by the ARC when the Applicant didn't even own one as mentioned by the previous speaker. He said the owner probably had an authorization or permit, but wondered if that would still apply if he purchased a double-decker. At the subcommittee meeting, when the discussion about different RVs and different sites came up, many quoted Mr. Erwin, in that they would be grandfathered. In fact, one of the ARC members told people in the audience to hurry up and get a permit, because then they would be grandfathered,which he didn't think was correct to say. He hoped the Council will review the grandfather issue, because in many cases they are blight, too large, and homeowners should not have to see a big giant bus parked next to their home, especially when it came time to selling their home. He would also like to have the Council review the temporary permits and the parking of them. He felt the 24-hour period and the 72-hour permits came about because of the abuse of it. People talk about parking them, coming in on a Thursday, loading them, and leaving on Friday, and returning on Monday and vice versa. If you add those days together, you have Thursday through Tuesday that the residents have a RV parked in front of their home or in the area, minus Saturday and Sunday, while on the trip. He said if Council directed staff to further tweak the Ordinance, it should also approve another 45-day Moratorium on new 26 DR FT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 permits, because when the last one expired in October, all sorts of permits started getting issued again through the ARC. MR. LUKE LANGFORD, Fairway Drive, Palm Desert, CA, stated he just became aware of this matter through The Desert Sun. He said his lot was unique, because it bordered on three sides of the street, which discounted his ability to have RV storage on the side in its entirety. He said his pool took up a large part of the lot in the back. He said he had no problems with the setback. He currently didn't have a RV because he had just sold it, but he was anticipating purchasing a new one in the near future. He specifically wanted Council to take a hard look at providing an exemption, for those properties on a lot like his, where there was no ability to store a RV on the side yard. MR. JOHN MALCOM (sp?), Chicory Street, Palm Desert, CA, stated he reviewed both versions of the Ordinance and was very appreciative of staff's help, specifically Ms. Grisa for forwarding the documents to him and answering questions. He bought a house where he installed a side RV access, curb, and driveway, and hoped to become a RV owner soon. He said the new restrictions were reasonable, but he had a technical concern with the 6-foot setback, because lots less than 10,000 feet would have a five-foot setback, which actually added an extra foot in those lot configurations for a side yard. In essence, you can have a home closer than a RV could be parked to the property line, which was an interesting anomaly. In response to comments made, Ms. Grisa stated that discussions with the Fire Department had taken place throughout the whole process, so fire safety was not just added at the end. She said a three-foot clearance was discussed with a representative of the Fire Department, and the news went back up to Chief Cooley who had a different opinion, so his letter was attached to the staff report. She also wanted it to be clear that staff was not trying to eliminate parking of RVs on private property, but actually trying to meet a compromise, because the last rendition of the proposed Ordinance was based on zoning setbacks for properties that had smaller lots to very large lots within the setbacks up to 15 feet. The 6-foot setback was also in addition to staff meeting with Landscape staff who stated that yard walls within the City can be built to a maximum of six-feet tall between neighbor's yard. She said RV heights were now typically 12-feet high, so to reach a 75% screening, landscaping was one of the main choices to use. She offered to answer questions. With no furthertestimony offered, Mayor Finerty declared the public hearing closed. Councilman Kelly stated it's on the record that he's been accused of a conflict of interest, which he didn't know what that would be, and he would look into it. But with regard to the RV Ordinance, he didn't think any 27 � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 committee could come up with anything that would satisfy everyone. He said there ought to be a rule for RVs to be parked behind or on the side of the house. The City had laws for certain speed limits near school zones, and if you passed the speed limit, you got a ticket. He suggested having a similar rule, where a citation is issued if not a RV wasn't parked where allowed. He said if the City imposed a 6-foot setback, it was the same as saying no RVs at all, because 6-feet wouldn't screen a RV any better than two feet. As far as Mr. Smith's residence, that area used to be a dump before he spent at least $500,000 fixing that house and improved the neighborhood big time. He drove by Mr. Smith's house every day that he hardly noticed the RV there. However, one man's junk was another man's treasure. He didn't know why a side of a house looked any better than a side of a motor home. He thought the City was making this too complicated, and he would vote for having a simple Ordinance that indicated where a RV can be parked, and if not parked where allowed, a citation should be issued. Councilmember Benson agreed. A simple solution would be that if a RV can be seen, you couldn't have it. She said when one bought a house, one knew how much space it had, and you didn't go out and purchase a RV and try to make it fit the City's Ordinance. As far as she was concerned, if they can be seen, they are illegal and should be tagged. Mayor Pro Tem Ferguson stated staff was directed to do an inventory of facilities where RVs could be stored and their cost. Contrary to comments made, it's not $200 to $300, it was more like $30-$50. If one can afford a $60 to$1 million RV, and pay the license fee, registration, and insurance, he . thought one could certainly pay $30 a month to park it where it should be. His neighbors generally followed the rule discussed in the Ordinance, although they took liberties with it by taking two or three days instead of one day. But literally on a residential street, the RV is so wide that if somebody was parked on the other side of the street, it becomes a single-lane road. He doubted a fire truck could get through, so to him it was a public health hazard. The Fire Chief made reference to life safety and property issues, being the Fire Department's numberone and two priorities, stating clearance on the side yard was paramount to them to save lives. He said the neighbors' life becomes a paramount concern because of the ability of a conflagration, in that if a RV caught on fire, and the RV caught a neighbor's house on fire, because of the encroachment on the setback, it was a health and safety issue. If the public scratched their head, because the Council saw a fire hazard and the public didn't, the perception was misguided and missed the compromise it was trying to reach.A big problem for Palm Desert is that it had regular shape lots, 10,000 square-foot lots, quarter-acre lots, and 8,000 square-foot lots, and one RV didn't fit all lots. The City tried to resolve this by simply allowing ARC ensure that a RV in question was adequately screened, and that there was a good neighbor policy as others referred to, which worked well for 90% of RV owners. However, for the 10% 28 , �,� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 that want to park a RV on their front lawn or side of the driveway and just leave it there with no attempt to screen it, devalued properties. He said RVs made neighborhoods look junky and they were a blight. The small attempt to shove it on#o a side yard, with no screening, with no permit, and then scream foul and infringement on property rights when Code Enforcement asks that you be a good neighbor, didn't sit well with him. He didn't know what the answer to the Ordinance was or that you can codify aesthetic discretion, which appeared to be what the Council was trying to do. He was inclined to just come up with a rule that everybody could understand, with the understanding that the rule may be harsh, because you couldn't come up with one rule that applied to all the different properties. When he thought about all the time and effort put into this matter to avoid a$30-$50 per month cost, after purchasing a $60,000 recreational vehicle, it blew his mind. He thought it was ludicrous for people to claim they should be grandfathered, because the City had a RV Ordinance since it was incorporated, so he didn't agree with the grandfathering. He didn't think the proposed Ordinance would accomplish anything but create a bunch of appeals by those who were denied permits. Councilman Spiegel stated if the City put on a ballot, "Should RV's be allowed in the City of Palm Desert," it wouldn't pass, because the majority of the residents didn't own RV's. He said the compromise recommended by those on the subcommittee made a lot of sense. He agreed with Councilman Kelly that if the City will have a RV Ordinance, it didn't need to have a 6-foot or 2-foot setback. He said if a RV can be parked on the side or back without being seen, it wouldn't make any difference. He reiterated that the majority of the residents didn't want RVs. As Mayor Pro Tem Ferguson stated, one of the worse things was when RVs parked in front of a house and vehicles couldn't get by. He noted there were cities in the Valley that didn't allow RVs, but because Palm Desert had residents with RVs, it was trying to accommodate them. Mayor Finerty stated she served as the other liaison on the subcommittee, and her personal opinion was that they should be in storage, because she believed they created blight. She was opposed to grandfathering RVs. She said the Committee tried to reach a compromise with all the RV owners, and despite countless hours by staff and meetings, it was yet to happen. What she found most persuasive was what the Fire Department said, that it was no different from when the City required streets to be a certain width for fire safety. The Council was being told here that it needed to have a certain width in order for the Fire Department to do their job. When fire fighters put their life on the line every day to do their job, she thought the Council needed to listen. The first order of business here should be safety for its residents and agreed with what Chief Cooley recommended. She didn't think a consensus would be reached this evening. 29 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 Mayor Pro Tem Ferguson stated he would move to extend the moratorium and ask the subcommittee to look at a simpler ordinance as suggested by Councilman Kelly and take direction from comments made this evening. Councilman Kelly suggested trying someone else on the subcommittee. He said Palm Desert had a former Councilmember who parked his motor home in the front yard; maybe he should be on the committee. Councilmember Benson said the definition between a RV and a bus should be defined, because some are bigger than houses. Mayor Pro Tem Ferguson said there were at least a half a dozen points raised this evening that was not addressed in the proposed Ordinance. He didn't want to cobble together to do a complete rewrite of the Ordinance from the dais without further input from some of the more thoughtful RV owners that are on the Committee. He said he would be glad to take Councilman Kelly's place. Councilman Kelly stated the subcommittee compromised on everything, but did agree they wanted RVs behind the house. However, they couldn't agree on the side-yard setback. Establishing a setback to put a tree woutdn't work, because it would take 20 feet, but there are many types of vining that grew up as high as 12-feet. A good example was the plants at Magnesia Falls; the shrubs there are about 12-feet tall. The City was responsible for trimming them on one side, and the mobile home park was responsible for the other side, and the plants would only take up two feet. He said most people were willing to plant something to screen. It's not out of the question to have two neighbors plant something to create a screen. In the case of Mr. Smith, he built a wall, and the new neighbor inherited a $2,000 wall. He didn't think it was a problem to spend a couple of hundred dollars more to install some type of screen. He said it was a big problem when neighbors didn't get along, because the Council ended up cutting the baby in half all the time. He said iYs happened before in his neighborhood, and just because he lived there someone figured he took sides. He questioned why neighbors just didn't get along, because he didn't have any trouble with his next door neighbor. Mayor Pro Tem Ferguson moved to send the Ordinance back to the committee to address the points raised, specifically the distinction between a bus and a recreational vehicle, and maximum height level. He suggested having the City Attorney look into the issue of grandfathering, because it was his understanding that if a permit was lawfully issued and the law changed, it was a lawful non-conforming use, but if you never had a permit to begin with, you didn't have a grandfathering status. He expected many claiming to be grandfathered didn't have permits. He agreed to take Councilman Kelly's place on the subcommittee. 30 PRELIMINARY MINUTES � �� REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 Ms. Grisa suggested having the item continued to the second meeting in January depending on whether Council wanted this matter to go back to the ARC. However, because of the upcoming holidays, maybe a longer period was needed. Mr. Erwin stated that if Council wanted to impose a moratorium, the first one had already expired, so it was a matter of starting a new 45-day period, which would require a 4/5 vote of the Council. If Council wanted to extend the 45-day period, a public hearing would need to be held within the 45-day period to extend the moratorium up to a year. Mayor Pro Tem Ferguson moved to: 1) By Minute Motion, referred the matter back to the subcommittee for further consideration of all the points raised at this meeting, specifically the distinction between a bus and a recreational vehicle, maximum height level, and direct CityAttorneyto reviewthe Grandfathering issue;2)By Minute Motion, appointed Mayor Pro Tem Ferguson to replace Councilman Kelly on the subcommittee with Mayor Finerty; 3) Waived further reading and adopted Urgency Ord. No. 1199A, to immediately impose a 45-day moratorium on requests for approval to park recreational vehicles on private property until the City's Recreational Vehicle Ordinance has been amended. Motion was seconded by Spiegel and carried by a 5-0 vote. B. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION ACTION DENYING A VARIANCE FOR AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION 25.68, SIGNS, TO PERMIT A SECOND WALL SIGN ON THE SAME BUILDING FRONTAGE FOR CAMBRIA LOCATED AT 42-210 COOK STREET Case No. VAR 09-330 (Cambria Knox, Applicant). Assistant Planner Kevin Swartz stated Cambria was located on the south east corner of Cook Street and Greenway. The business is located on the Cook Street Marketplace Shopping Center near Jensen's. It is a corner building with two frontages, one is on Cook Street and the second one faced the parking lot and Cook Street. The Applicant is entitled to one sign per frontage per Code. On August 13, 2008, the Applicant was approved for installation of a total of two signs by staff over the counter, but when the Applicant came in, the location of the sign was moved to accommodate a third sign. Since then, the Applicant was cited by the City's Code Enforcement Department for installing a non-permitted sign on a Cook Street building frontage. The Architectural Review Commission(ARC)reviewed the request and recommended denial. The Commission believed the two signs on the one frontage created clutter and was not compatible with the rest of the commercial center. The Planning Commission denied the request forthe Variance, because it believed that two signs on the same frontage would send a negative precedence, especially since there are no variances granted for other businesses in the area. Staff recommended the City Council reaffirm the action of the Planning Commission, to deny a Variance for an 31 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 exception to the Palm Desert Municipal Code Section 25.68. He offered to answer any questions. Councilman Spiegel asked if the portion of the building with the second sign were a different business, would there be a sign there. Mr. Swartz answered yes. Mayor Finerty declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. CANDICE KNOX , representing Cambria, stated Cambria would like to keep their second sign on the frontage because they had 70-square feet that possibly coutd have been divided. She said they took out both spaces and have entry through both, however, the main entrance would be through the doors located under the sign over the terra cotta hanging. She appreciated the City's Ordinance and noted the Council strived for one sign per complex to eliminate clutter. However, Cambria's signage did not create clutter, because it was simple, professional, and beautiful. She said it was in proportion with the consistency with the signage to a frontage that had two different architectural facades, and it was a nice visual of Cambria on the large corner lot as one drove by Cook Street, the problem was that you couldn't enter the complex from Cook Street and actually had to enter from the other end on Greenway. She displayed a photograph that showed both signs, stating that as you drove up to the building, the only sign that can be seen was the one on the lower facade. Next door to Cambria was another 70-square feet of empty space that has remained empty since September 2008. All of her neighbors have a sign centered over their entryway, which she thought Cambria added to the compatibility. She said Francis & Wayne will soon be vacating the space, but new tenants would be taking up some of that space. She also showed pictures of two more neighbors that would not have an opportunityto have a second sign. With regard to effectiveness of signage, she said Bellisimo Home went out of business this month and that sign will be removed, so they've lost quite a few tenants in their mall. She said Cambria would like to keep their signs to be effective and have every opportunity to stay in Palm Desert to do business. She noted Jensen's was the anchor tenant, but a lot of people think that the mall's name is Cambria rather than the business name, which was one of their concerns. She thought it would be worse to put signs up on the windows, like at Applebee's where they are spraying neon on the windows. She said depending on the angle, the signage is covered by the trees, and Cambria was trying to be as visible to the public. She went on to say Cambria was a United States family-owned company, it set up in Palm Desert and planned to stay, they plan to hire two more employees, and they are up to sixteen here in Palm Desert. Responding to question, she said Cambria was the actual product and the only manufacturers of Quartz; they are a countertop 32 ��`� ` ��::`�� 4, .�� . PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 company. She said the Cambria building was one of the first showrooms in Palm Desert, which had 4,000 square feet. They employed local interior designers, which this past week, Cambria hosted the American Society of Interior Designers (ASID) Gala Award Banquet at Walley's, where they actually won first, second, and third place for interior design. She said the owner of the complex Bob Green was in approval of the signage as stated in his letter to the Council. When recruiting other tenants, he showcases Cambria, because it's a topnotch quality showroom. She said California Closets had been struggling, and she's been meeting with the owners to talk about what else could be done as a marketplace. A few months ago she hosted Design and Wine Night and invited people to come in as a community, not only in the Marketplace, but Cambria looking at all the businesses on Cook Street and working on trying to get architects, designers, and owners to get some kind of collective map together within Palm Desert. Even when she put together the Design District, as a director of sales, she brought in local designers and used local tile company, lighting company, and contractors. The only one that was not from the Valley was the sign company. The signage was done on a national basis, because the company is in Canada and throughout the United States, so that was the one decision that was out of her hands. She didn't like the pointing of the fingers, but noted there were other stores who had two signs on one facade and displayed photographs of them. Councilman Spiegel asked which sign would she remove if she had to choose. MS. KNOX responded she didn't know, because she was asked to design of the interior, and for the signage, she would have to go back to the owner of Cambria and get his recommendation. Councilman Ferguson stated that in order to legally meet the standard of a variance, the Applicant needed to present a parcel that was so unique in its configuration that the strict application of the City's Ordinance would render an undue hardship on the property owner, which was almost impossible to meet. In fact, in the thirteen years he's served on the Council, he only found one instance where he voted in favor of a variance. He asked what was the uniqueness of the property and why it was different from any other business owner that would make the same request for visibility of signage. MS. KNOX stated it would relate to the architecture of the building, in that they are at the corner where people go by and think iYs Cambria Marketplace, the name of the entire complex instead of the business. Additionally, vehicles cannot drive directly in, but have to drive around to find them. She said if Cambria didn't have the second signage on the one side, their business couldn't be seen. She complimented the Council on the City's 33 J t� Y. � �� '�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 new Wayfinding signs recently installed throughout the City, stating they were very luminous at night. With no further testimony offered, Mayor Finerty declared the public hearing closed. Councilmember Benson moved to waive further reading and adopt Resolution No. 09-63, reaffirming the action of the Planning Commission denying a variance for an exception to Palm Desert Municipal Code Section 25.68, Signs, to Permit a Second Wall Sign on the same building frontage for Cambria located at 42-210 Cook Street. Motion was seconded by Ferguson. Councilman Spiegel stated he thought this could be an exception. He said the photograph of Jensen's had signs on the windows, which wasn't attractive compared to Cambria's. He said he would vote in favor of the Variance. Councilman Kelly stated that architecturally itwas excellent,and Palm Desert was fortunate to have this company. The whole idea of a Sign Ordinance was to make sure the City didn't look cluttered. He personally had more trouble finding a place and looking for the name of the company. He said this was a beautiful building, with beautiful architecture, with a great company, which he thought ought to be an exception. The fact that if there were two businesses there, two signs would be installed anyway; therefore, he would vote in favor of the Variance. Mayor Finerty stated the third sign went up without permission, and apparently the decision was made at the Corporate level, but they never asked the City. She said Palm Desert had Ordinances in place for a reason and they need to be followed. She was in favor of upholding the recommendation of the ARC and Planning Commission. Councilman Ferguson noted he seconded Councilmember Benson's motion, and he would be in favor of having the Applicant elect which sign to remove. He looked at the various angles, and he liked the sign over the entrance to the store and wasn't sure two were needed on the corner that high up; however, that's really the owner's decision. He said if this was a beauty contest, Cambria would win hands down because it had nice architecture and looked good, but if a variance was granted on this, then the Council would be opening the doorfor everyone to come in and request another sign. He was sensitive to the economic times and glad Cambria was hiring and located in Palm Desert, but he felt he needed to stick with the Ordinance. Councilmember Benson amended her motion to approve Resolution No. 09-63 and include that the Applicant has the choice of deciding which two of the three signs they wished to keep. Motion was seconded by Ferguson and carried by a 3-2 vote, with Kelly and Spiegel voting NO. 34 � �� ,..' { , PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 C. REQUEST TO COMMENCE WITH THE FISCAL YEAR 2010/2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE-YEAR ACTION PLAN DEVELOPMENT AND APPLICATION PROCESS. Ms. Riddle stated this request was to receive public comment for the Community Development Block Grant process forthe 2010/2011 to startthe development of the One-Year Action Plan and to open the grant application process. Staff mailed out 101 applications to organizations from the City's existing mailing list, and it's been posted on the City's website. Mayor Finerty declared the public hearing open and invited public comment. MS. GABRIELE LAWRENCE stated she represented Healing Horses located at the Empire Polo Grounds, 81800 Avenue 52, Indio, California. She hoped her presentation would help them obtain some Community Development Block money from the City of Palm Desert. She said the Therapeutic Riding Center served children from the ages of two onward dealing with special needs; they specialize in Autism. She said one in 80 boys born in the State of California was affected with Autism. When her child was diagnosed nine years ago, it was one in 10,000. Currently in the Valley's three districts, Coachella, Desert Sands, and Palm Springs Unified, as of December 2008, there were 6,535 from age three to 18 that currently would obtain special services, whether that's through an Individualized Education Program (IEP) or 504. She said almost 22% of the participants reside in Palm Desert, and the remaining reside in the various Coachella Valley cities as far as Blythe and Yucca Valley. About 80% of the children riding are young adults in the Autism spectrum,the other 20%suffer from Cerebral Palsy, Down Syndrom, Attention Deficit Disorder (ADD), Dyslexia, and a variety of other global developmental delays. The children spend one hour a week with Healing Horses and gain self esteem and a sense of responsibility. The organization has an advisory board comprising of a Pediatric Speech Language Pathologist, Pediatric Occupational Therapist, and a Psychologist who helped with positive behavioral interventions. They see a host of improvements with the children, as goals are set for every participant with weekly progress reports. They've had a burst of language from two to three year olds who had never spoken before, as well as reduced negative behaviors in some of the other children. She looked forward to having the City support their application in February when it's presented to the Council. No further comment was offered. Councilman Spiegel moved to, by Minute Motion, open the Community Development Block Grant application process for Fiscal Year 2010/11. Motion was seconded by Ferguson and carried by a 5-0 vote. 35 �� !��`':;.�' � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of City Council, Redevelopment Agency, and Housing Authority Meetings for July and August 2010 (Summer Months). 2. Consideration of City Council, Redevelopment Agency, and Housing Authority Meeting for November 2010. (Please note that Veteran's Day and Thanksgiving Day fall on the City's regular City Council Meeting day). Mr. Wohlmuth stated staff was requested to agendize the summer schedule for the Council. In addition, staff recognized that in November 2010, the Veteran's Day and Thanksgiving Holiday are both in the second and fourth Thursday in November. He requested Council make a decision on when to hold the November meeting for 2010. Based on past schedules, Council held the first meeting in July and the last meeting in August, which had been the practice the previous two years. In preparation for Councilmembers plans for the summer, Council may want to decide early for 2010. Councilmember Benson suggested sticking with the first meeting in July and the last meeting in August, and hold the November meeting on November 18, 2010, the third Thursday. Councilmember Benson moved to, by Minute Motion, approve to meet the first meeting in July and the last meeting of August(July 8, and August 26, 2010), and approve to meet the third Thursday in November(November 18, 2010). Motion was seconded by Kelly and carried by a 5-0 vote. B. CITY ATTORNEY None C. CITY CLERK 1. Request to Adjourn Today's City Council Meeting to Friday, December 11 , 2009, at 9:00 a.m. for Conducting Committee/Commission Applicant Interviews and Making Appointments and Reappointments. Ms. Klassen reminded the Council that it needed to adjourn this evening's meeting to 9:00 a.m. for conducting Committee/Commission interviews and possible action on those interviews afterwards. 36 � �;.�Sx� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Consideration of Travel Requests and Reports None o City Council Committee Reports None o City Council Comments: 1. Smoking Ordinance- Mayor Pro Tem Ferguson stated he had dinner at Sullivan's Steakhouse, and the General Manager thanked him for the City's Smoking Ordinance, because he didn't realize how much it offended people and had received nothing but praises from his customers. This was much like what Beverly Hills experienced where businesses were surprised about how much people enjoyed a smoke-free environment. 2. Property Taxes - Councilmember Benson noticed that letters to the editor and the City criticizing in some way always concluded with them stating they didn't like how their taxpayer's money was spent. She suggested having an article in the Bright Side to refresh people on the fact that the City of Palm Desert didn't receive property taxes from its residents, and the very little that it did, came mostly from Palm Desert Country Club. She said residents didn't realize that property taxes went directly to the County and the City didn't get any of it. 37 . Sq� c,I�'4 .w'taka� � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 2009 3. Governor's Council on Fitness - Mayor Finerty stated she participated in the Governor's Council on Fitness, and she would be soliciting Janis Steele's help in energizing Palm Desert residents to get fit by creating programs and promoting/advertising articles on the subject in the Bright Side. XIX. ADJOURNMENT Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, Mayor Finerty adjourned the meeting at 6:21 p.m. to Friday, December 11, 2009, at 9:00 a.m. CINDY FINERTY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 38