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HomeMy WebLinkAboutPreliminary Mintues - City Council March 24, 2011DRAFT PRELIMINARY MINUTES TA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 24, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Cindy Finerty Councilmember Jan C. Harnik Councilman William R. Kroonen arrived at 3:05 p.m. Mayor Pro Tern Robert A. Spiegel Mayor Jean M. Benson 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 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 MARCH 24, 2011 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - 73520 Fred Waring Drive (APN 622-260-082), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Donna Gomez/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: City of Palm Desert Other Parties: Riverside County Sheriff's Department Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - 72567 Highway 111, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Donna Gomez/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: City of Palm Desert Other Parties: Palm Springs Art Museum Under Negotiation: x Price x Terms of Payment 3) Property: 42125 Idaho Street and 77600 Michigan Drive, Palm Desert (APNs 637-042-001, 637-051-001, 637-051-002, and 637-061-001) Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency/ Palm Desert Housing Authority Property Owner: Palm Desert SPE Other Party: Palm Desert Development Corporation Under Negotiation: x Price x Terms of Payment 4) Property: APNs 652-070-001; 652-090-001; 652-120-001, -002, 628-390-045, -044, -037, and -028 (39 Acres Total) Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: MKH Fund 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 K PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT MARCH 24, 2011 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager On a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Kroonen ABSENT, Mayor Benson adjourned the meeting to Closed Session at 3:04 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Mayor Jean M. Benson VIII. ORAL COMMUNICATIONS - B MR. SHAWN MANLEY, La Quinta, CA, stated he represented Palm Desert Foursquare Church, which meets at Palm Desert High School on Sunday mornings from 10:00 a.m. to 11:00 a.m. He said they've been unable to receive a sign permit from the City in order to place one by the street and was informed that permits were not allowed for noncommercial operations. He was told to present his case to the City Council and request a variance. Responding to question, he said staff from Code Compliance Department referred him to speak to the City Council at this meeting. Mayor Benson asked him to meet with the City Manager. Mr. Wohlmuth agreed to meet with Mr. Manley and Community Development staff to potentially place this issue on a future City Council agenda for Council's consideration. 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2011 AS "CHILD ABUSE PREVENTION MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Pro Tern Spiegel presented the proclamation to Dr. Jamie Kirkpatrick. DR. JAMIE KIRKPATRICK with the Riverside County Prevent Child Abuse Program stated that April was Child Abuse Prevention Month and the blue ribbon pin was its symbol. Their campaign this year is focused on anti -bullying, which is a wide spread problem in schools and communities, and takes place by children, adolescents, and adults. Bullying is the most common form of violence in today's society and both the bully and victim show higher rates of fighting than their peers, which can turn into vengeful violence. Their campaign message is "Bullying is never okay." They also have an ongoing campaign called "It happens to boys," because abuse to boys is under reported. She said they want families and men to talk about inappropriate touch and report any infringement of an approximate inappropriate boundary. The goal is to improve the health and communication of children and families to reduce, if not, eliminate child abuse, because child abuse is preventable and treatable. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 10, 2011. Rec: Approve as presented. Approved 4-0-1 (Harnik ABSTAINED) B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 184, 189, 190, 191, 196, and 197. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of December 2010 and January 2011 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 0 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT MARCH 24, 2011 D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meetings of December 21, 2010, and January 25, 2011. 2. Library Promotion Committee Meeting of February 16, 2011. 3. Marketing Committee Meeting of February 15, 2011. Rec: Receive and file. E. LETTER OF RESIGNATION from Kimberly Bowers— Marketing Committee. Rec: Receive with very sincere regret. F. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged. REC: Waive further reading and adopt Resolution Nos.: 1) 2011 - 18 - May 2010 Records; 2) 2011 - 19 - June 2010 Records; 3) 2011 - 20 - July 2010 Records; 4) 2011 - 21 - August 2010 Records; 5) 2011 - 22 - September 2010 Records; 6) 2011 - 23 - October 2010 Records. G. REQUEST FOR APPROVAL of the Streamlined Use of Various Vendors which Provide Qualified Services — Abatement Services Vendors List and Grant Exemption to Bidding Requirements as Provided for by Section 3.32.090 of the Palm Desert Municipal Code for Remainderof Fiscal Year 2010-2011 and for Fiscal Year 2011-2012. Rec: By Minute Motion: 1) Approve of and authorize staff to use vendors listed on the Abatement Services Vendors List as shown on the accompanying staff report; 2) approve exemption to bidding requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for the remainder of FY 2010-2011 and for FY 2011-2012. H. REQUEST FOR AUTHORIZATION to Use Named Vendors for Purposes of Providing Recurring, Routine Services, Supplies, and Maintenance to the Desert Willow Golf Resort. Rec: By Minute Motion, authorize the use of vendors named in the accompanying staff report, "Desert Willow Golf Resort Vendor List," for the purposes of providing recurring, routine services, supplies, and maintenance to the Desert Willow Golf Resort in an amount not to 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 exceed $25,000 per vendor for a 12-month period, pursuant to Section 3.32.110 of the Palm Desert Municipal Code. Councilmember Harnik asked to abstain on Item A, Minutes of the Meeting of March 10, 2011, due to her absence for a portion of that meeting. Upon a motion by Kroonen, second by Spiegel, and 5-0 vote of the City Council, the Consent Calendar was approved as presented, with the exception of Item A, which Councilmember Harnik ABSTAINED on. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1222 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MODIFYING SECTION 8.81.010 - HEALTH AND SAFETY- PALM DESERT MUNICIPAL CODE, RELATIVE TO ADMINISTRATIVE CITATIONS - VIOLATIONS OF THE ZONING ORDINANCE AND BUILDING CODE. Senior Code Compliance Officer Pedro Rodriguez noted the staff report and offered to answer any questions. Mayor Pro Tern Spiegel moved to waive further reading and pass Ordinance No. 1222 to second reading. Motion was seconded by Finerty and carried by a 5-0 vote. For Adoption: None X PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING XIV. NEW BUSINESS DRAFT MARCH 24, 2011 A. REQUEST FOR DIRECTION ON SOLID WASTE AND RECYCLING RESIDENTIAL TAX ROLL BILLING, IMPLEMENTATION OF COMMERCIAL RECYCLE FEE, AND PREPARATION OF A VEHICLE IMPACT FEE NEXUS STUDY. Ms. Riddle stated staff was seeking direction from the City Council in regards to the Tax Roll Billing for residential customers. Staff reviewed and negotiated an 11 percent discount, which included the annual rate increase. She noted a supplemental report was issued to all Councilmembers, which covered additional information. She said the annual rate request is an 11 percent reduction, which was actually reduced by 5- to 7 percent with the annual rate increase. The actual rate cannot be determined until the County approves the Tipping Fee that is paid to a land field or transportation, which is the case for the City. The Producer Price Index (PPI) increase is estimated at 4 percent this year based on the month of December, six months priorto the implementation date of July 1. She said staff worked with the City Attorney and has determined that if the Tax Roll Billing is approved, it will not be subject to Proposition 218 and also assist Burrtec in reducing their bad debt. In addition, staff is looking into the implementation of a Commercial Recycling Fee. The City currently had a Pre -Commercial Recycling Program, but with Assembly Bill 32, commercial businesses will be required to implement recycling programs within their businesses as of July 1, 2012. Staff is recommending that the Commercial Recycle Fee be implemented with that date, because there will be significant impact to Burrtec both on the service and financial side. Lastly, staff was looking at the preparation of a Vehicle Impact Fee Nexus Study to see if the City can utilize recycling funds to help pay for costs to repair the streets for the use of Burrtec vehicles. Mayor Pro Tern Spiegel asked if the residents of Palm Desert will pay twice a year on their taxes instead of being billed every three months. Ms. Riddle answered yes. Councilmember Harnik asked if other communities have implemented the same type of plan. Ms. Riddle answered yes, stating the supplemental report listed the cities that have already implemented Tax Roll Billing. Mayor Pro Tern Spiegel noted the residents for the cities of La Quinta, Cathedral City, Coachella, Indio, and Indian Wells were already paying for trash pick-up on their property tax bill. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 Responding to question about the property tax bill, Ms. Riddle said it was the owner of a property that would pay on their tax bill. She went on to say that a tenant wouldn't pay unless the cost was incorporated into their rent, but that would be an indirect cost. Mayor Pro Tern Spiegel moved to, by Minute Motion, approve implementation of the following: 1) Tax Roll Billing for Residential Solid Waste and Recycling to be implemented with the FY 2011-2012 Secured Property Tax Roll; 2) implementation of a Commercial Recycle Fee set at 50% of the service fee and effective as of July 1, 2012; 3) preparation of Vehicle Impact Fee associated with Burrtec vehicle use of City streets. Motion was seconded by Kroonen and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF SECOND AMENDMENT TO CONTRACT FOR MAINTENANCE SERVICES FOR THE CITY OF PALM DESERT'S PERMANENT PUBLIC ART COLLECTION AND THE EL PASEO INVITATIONAL EXHIBITION, EXTENDING TERM OF THE CONTRACT FOR ONE YEAR — JUNE 1, 2011, TO MAY 31, 2012, IN THE AMOUNT OF $39,120 (CONTRACT NO. C28722). Responding to question, Public Art Coordinator Deborah L. Schwartz confirmed this was a budgeted item. Councilmember Finerty moved to, by Minute Motion, approve Second Amendment to the subject contractwith Same Day Express, Palm Desert, California, extending the term for a second year, June 1, 2011, to May 31, 2012, in the amount of $39,120 for maintenance services for the City of Palm Desert's permanent public art collection and for the El Paseo Invitational Exhibition, and the Mayor to execute same — funds are available in Account No. 436-4650-454-3372. Motion was seconded by Spiegel. Mayor Pro Tern Spiegel asked if the amount of the contract was the same as the previous year. Ms. Schwartz answered yes. Mayor Benson called for the vote and it carried by a 5-0 vote. 1.1 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT MARCH 24, 2011 C. REQUEST FOR APPROVAL OF THE ONE-YEAR OPTION TO EXTEND THE MANAGEMENT AGREEMENT BETWEEN CITY OF PALM DESERT, KEMPER SPORTS MANAGEMENT, INC., AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION TO OPERATE AND MANAGE THE DESERT WILLOW GOLF RESORT, PER SECTION 2.1(B) OF THE MANAGEMENT AGREEMENT (CONTRACT NO. C27681). Mr. Gibson noted the staff report and stated staff related to the original five-year agreement, which outlined the first three years were firm and the second two years were options. He said the City Manager had already indicated to Kemper Sports Management the desire to extend the contract another year. Responding to question, he said there were no changes to the agreement. Mayor Pro Tern Spiegel moved to, by Minute Motion, approve the one-year option to extend the Management Agreement between the City of Palm Desert, Kemper Sports Management, Inc., and the Palm Desert Recreational Facilities Corporation to operate and manage the Desert Willow Golf Resort per Section 2.1(B) of the Management Agreement. Motion was seconded by Finerty and carried by a 5-0 vote. D. UPDATE ON THE CNG (COMPRESSED NATURAL GAS) AMBULANCE MEDIC UNIT PILOT PROGRAM. Mr. Aryan stated in 2009 the City Council directed staff to move forward with the construction of the nations first Compressed Natural Gas (CNG) ambulance and also initiated a pilot program to gauge its operational effectiveness. This vehicle entered service in the first quarter of 2010, and the Fire Department has concluded its testing of this CNG vehicle and expressed to staff concerns over the travel range of the unit. The recommended Federal and County standard range forambulances is a travel distance of 250 miles without refueling. Through Fire Department data, this unit is getting a range of approximately 82 miles per fill. There are two options available for consideration to correct this deficiency. The first involves increasing the CNG tank capacity to potentially achieve this range requirement. However, the vendor could not guarantee the range would be met, because additional infrastructure limitations would have to be overcome with this option. The remaining option would be to reconvert the unit back to either a gasoline -powered engine or retain the existing CNG chassis and remount the patient box on a new diesel chassis. Staff understands that Palm Desert has been praised by the clean energy community for initiating this program and leading the way for future improvements in such a venture; however, the pilot program concluded that with the current infrastructure limitation and the Fire Department's operational requirements, a CNG ambulance is currently not a viable option. Staff requested direction from the City Council on this matter. 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 Councilmember Finerty asked if the range expectations was discussed when the contract was negotiated. Mr. Aryan responded it was his understanding there was verbal discussion of that range, but in reviewing his documentation, he could not find anything in writing that specified it within the contract or specifications provided by the Fire Department. Councilmember Finerty asked if the manufacturer said what the range was in the verbal discussion that took place. Mr. Aryan said that discussion occurred with the Fire Department, so he would defer the question to Captain Scott Visyak. MR. SCOTT VISYAK, Fire Captain Paramedic, Palm Desert Fire Department, stated that in the initial planning stages of this ambulance, he was part of the planning team who had to make sure that the Fire Department's specifications of this ambulance were met. He specifically asked BAF Technologies that when they remove the fuel tank from this regular gas ambulance that it would provide a comparable or full range, which BAF assured them it would. However, he never asked or told them that the ambulance had to travel a 250-mile range, because the fuel tank that was on that ambulance was a 55-gallon tank and should get a minimum of 450 miles. He said numbers weren't decided, but he asked BAF Technologies specifically if a comparable range would be achieved and they said yes. Councilmember Finerty asked Mr. Visyak, if his idea of a comparable range was 450 miles, but the national standard is 250. MR. VISYAK answered yes, stating the National Fire Protection Association (NFPA) recommended that an ambulance travel for a minimum of 250 miles on a fill up. Further responding, he said he had not spoken to BAF Technologies about this matter. Mayor Pro Tem Spiegel asked what the Fire Department's preference was. MR. VISYAK responded that based on his 30 years experience of seeing what they currently had, he would like to see the ambulance remounted on a new clean diesel chassis to match the rest of their fleet. Further responding on the cost, he said transportation expenses still had to be figured out, but the cost for a brand new Ford F450 diesel chassis was approximately $75,000. He said a larger chassis needed to be purchased, because the patient box is larger than their standard ambulance and it needs to be able to compensate for the weight distribution. 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 Mayor Pro Tern Spiegel asked if there was any value to the box. MR. VISYAK responded the patient box was gorgeous, state of the art, and practically new. Mayor Pro Tern Spiegel said he meant to say the CNG chassis. MR. VISYAK said he didn't knowthe exact mileage, but it was approximately 10,000 miles. He said the system was new and is hoping that BAF Technologies was willing to buy it back or at least buy the chassis to try to get a little bit of a return on it. Councilmember Harnik stated the cost mentioned to change over to diesel was approximately $75,000, which she noticed was the same amount paid to change it over to CNG. She was wondering if BAF Technologies would be willing to negotiate on the cost. MR. VISYAK agreed, stating he was hoping BAF would be willing to work together on this. Councilmember Finerty stated she was wondering if staff had contacted BAF and informed them it was not doing the job needed and obviously patient safety was clearly at risk. However, it seemed to her more than $75,000 was spent. Mr. Aryan agreed, stating a total of $190,000 was spent on the entire unit. Councilmember Finerty said staff needed to go back to BAF and negotiate or rather ask them to convert it to the diesel chassis as requested by the Fire Department for $75,000 based on representations that were made of comparable or equal are not being met. She said it was obviously that an 82-mile range for an emergency vehicle would not be adequate when trying to get from Palm Desert to Desert Hospital in Palm Springs and another call is received that requires a response within five minutes. She said it was great to try the pilot program, but obviously it needs some fine tuning. However, the City having spent $185,000, as she recalls, there was representations made that have not been lived up to; therefore, she requested staff attempt to get $75,000 from BAF to change it over. Mayor Pro Tern Spiegel said in the meantime the Fire Department needs the ambulance and for the conversion to take place, because that's what they want. Then have staff negotiate a buyback with BAF, because of the misrepresentation for either part or the whole amount. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 Mayor Pro Tern Spiegel moved to, by Minute Motion authorize staff to purchase a new chassis, refurbish the existing patient box and remount it on a new Clean Energy Diesel chassis in the amount of $75,000 and authorize staff to negotiate a buyback of the existing CNG ambulance chassis and fuel tanks with BAF Technologies. Councilmember Finerty asked how long it would take to make the change. MR. VISYAK answered 30 to 45 days once delivery is made to Frazer to transport and get the ambulance back. However, the time frame could be shorter, because hardly any refurbishment was required of the box. The only refurbishment needed was to the front skin where alterations were made. Mayor Pro Tern Spiegel reiterated that he stood by his motion. Councilmember Harnik agreed with Mayor Pro Tern Spiegel that it was an emergency vehicle and emergencies couldn't be predicted, so she would like to see it changed immediately as well. Councilmember Finerty agreed the City needed to move forward with the change, but was concerned with losing negotiation power on the $185,000 spent by the City. She asked the City Attorney how he felt the City was protected when the contract was written that it would receive a reasonable range. Mr. Erwin answered the contract could have been more specific with the range involved. Further responding, he agreed staff needed to go back to BAF Technologies and attempt to negotiate a settlement based on the 82-miles range. Councilman Kroonen asked if there was a basic factor that prudent people examining the situation would have had an expectation of significantly more than 82 miles. Mr. Erwin answered yes. Councilmember Finerty stated that since 250 miles was the required standard, BAF Technologies should have realized that, in theirdue diligence, 250 miles was the minimum and expected results, even if it wasn't discussed. She agreed the current chassis needed to get fixed and lives needed to be saved. Councilmember Harnik seconded the motion. Councilmember Finerty asked for assurance that the motion included staff negotiating a buyback with BAF Technologies. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 Mr. Aryan added the cost could require an additional $3,000 for transportation expenses, because it was going to Texas. Ms. Klassen asked if there would be any appropriation for this matter. Mr. Wohlmuth stated there was a timing issue, but if the goal was to get the unit back in operation and to negotiate, Council may want to appropriate the funds. He asked Director of Finance if the funds would come out of the General Fund or Capital Replacement Fund. Mr. Gibson answered Capital Replacement Fund. Councilmember Finerty said staff mentioned it will cost $3,000 to transport and wondered if that was already included in the initial $75,000 amount. MR. VISYAK responded the official quote he received for remounting the ambulance was $69,500, which didn't include taxes and transportation cost. He said it couldn't be driven to Texas because of the CNG nature of it and will have to be transported. However, for the Council's and Finance sake, if the amount was raised about $3,000, it will help cover the total cost. Councilmember Finerty suggested $80,000. MR. VISYAK answered that amount would be more than enough to fix the problem. Mayor Pro Tern Spiegel amended his motion to, by Minute Motion: By Minute Motion: 1) Authorize staff to purchase a new chassis, refurbish the existing patient box and remount it on a new Clean Energy Diesel chassis in the amount of $78,000, which includes transportation costs; 2) appropriate $78,000 from the Capital Replacement Fund; 3) authorize staff to negotiate a buyback of the existing CNG ambulance chassis and fuel tanks with BAF Technologies. Motion was seconded by Harnik and carried by a 5-0 vote. XV. CONTINUED BUSINESS None 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING XVI. OLD BUSINESS DRAFT MARCH 24, 2011 A. STATUS UPDATE REGARDING THE "REFRESH" PROJECT BEING UNDERTAKEN BY THE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY (EDA) FOR THE MULTI -AGENCY LIBRARY, 73-300 FRED WARING DRIVE, PALM DESERT. MR. SERGIO PENA, Riverside County Economic Development Agency, stated he was the Project Manager for the Refresh Project and wished to go through a couple of items that signified how the project arrived to this point. In January 26, 2010, the County advertised for Request for Qualifications for the Refresh Project and received 46 Statements of Qualifications and short listed four architectural firms, which were from Riverside County and nearby counties. The representatives that reviewed the Statements of Qualifications were the City of Palm Desert, College of the Desert, County of Riverside, and LSSI who currently operated the library for the County of Riverside. Out of the whole group, Holt Architects in association with Group 4 Architecture was selected. Group 4 Architecture out of San Francisco had hundreds of library projects to their credit and Holt Architects is a local architectural firm who had done quite a few projects throughout the years. The selection committee felt that through the breath of their experience Holt Architects and Group 4 Architecture was the best fit for this project. An Architectural Services Agreement was negotiated in July 2010, which started the design process for this project. The reason the County embarked on this project was because there was various ADA (Americans with Disabilities Act) deficiencies that were cited by the Fire Marshal, the carpet was worn down, new technologies are now available that can help save operating costs, and the capacity to increase services to the public, such as increasing the number of computers and changing how books are checked out were things improve. He turned over the presentation to Holt Architects who will update the Council on the project. MR. TIM HOLT, Holt Architects, stated he was pleased to provide an update on the status of the renovation of the library. He said the library was constructed in 1996, which was about 15 years old and essentially stood as originally constructed. There had been periodic maintenance done on the facility; however, in large measure it was just existing as completed in 1996. The building sits on the College of the Desert (COD) campus and is about 40,000 square feet in size, and the portion of the building that is currently shared between COD and the City accumulates to about 20,000 square feet, which is the subject of this renovation project. He said throughout this process, they have undertaken efforts to involve various community groups to gain input with regard to the improvements the community felt would be most important. Among those have been the library staff, Friends of the Library, and volunteers that work frequently at the library. Other technical 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 meetings have been held with Library Building Facilities and LSSI staff, as well as College of the Desert personnel. The project included an on-line survey that was conducted throughout the Palm Desert community with regard to an inquiry as to what types of improvements those respondents most liked to see. The survey gained several hundred responses, which was to some assistance in the preparation of the initial design concept and the programs established for this project. Also, frequent meetings have been held with the Palm Desert Library Promotions Committee through the course of the development of the proposed design solutions. He displayed the plans of the existing building and outlined the following factors they focused on: 1) Improving patron circulation; 2) improving staff work environment; 3) relocation of service desks to improve site lines and visibility for monitoring activity within the library; 4) increasing public access to technology; 5) upgrading interior finishes and dealing with acoustical issues identified; and 6) upgrading restrooms to comply with ADA requirements for accessability. He introduced Project Designer Andrea Redewill, who had quarter -backed this project from a number of standpoints and will explain the design solutions developed for this project. MS. ANDREA REDEWILL, Project Designer with Holt Architects, displayed the proposed floor plan for the library and stated that through the process that Tim Holt explained previously, they came up with a complete re -program of the space. Rather than covering all the individual changes, she went on to highlight the new spaces like the Teen Section; the Computer Zone, which will accommodate more than 40 computers; a new Lobby that will have a bookstore quality environment that will include new self -checkout stations; and relocation of the Staff Workroom that will include a new Automated Handling System for sorting and tracking materials. This new system will reduce staff time and energy currently spent circulating and restocking books on the floor, which will improve efficiency of the library, decrease staff injuries and stress, and provide an overall increase of service. Along with this automated material handling system will be a Check -in Station on the exterior of the library, similar to an ATM machine, which will be used as a drop off area for returning books. She said every book will be chipped with a microchip that immediately as you insert a book into this machine, it will immediately check in the book and record it. The patron will then receive a receipt showing the time and date, and the book is immediately taken off their record. Another important element to this project is the LEED certification that will be pursued by focusing on: 1) Sustainable Site - emphasizes on community connectivity; 2) Water Efficiency - reducing water usage to reduce the burden on municipal water supply with an overall goal of 35% reduction of water use within the City side of the library; 3) Energy and Atmosphere - promote conservation and reduce impacts associated with excessive energy use; 4) Materials and Resources - provide building products that incorporate recycled content material with the goal of implementing 10% of the construction materials would be of recycled 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 content; 5) Indoor Environmental Quality - reduce quantity of indoor air contaminants that are potentially harmful to occupants and promote occupant productivity, comfort and well-being throughout the space. MR. HOLT said the project will include an entire new roof system for the building, covering more than 45,000 square feet of foot print, both in terms of the standing seam metal curved elements and the flat areas will receive a new single ply membrane with a highly reflective surface, which in terms of LEED compliance will be a very reflective element. MS. REDEWILL displayed a schematic image of the teen space and the lobby area that will have a marketplace look, which will include new furnishings, display areas, and checkout stations. Lastly, she displayed an overall view of the main part of the library. MR. HOLT said they were looking to complete the preparation of construction documents in the next 30 to 45 days. Because this project stood on the College of the Desert campus, the plans must be submitted through an approval process through the Department of State Architect in San Diego and hoped to accomplish that process by June/July in order to go out to bid and get under construction. He concluded the presentation and offered to answer any questions. Responding to questions about the timeline and closing of the library, he said they were looking at a July start for construction. And as to the closing of the library, a number of variables had been discussed with the best way to handle the construction period and based on the overall impact of dust, construction operation, material handling storage, and personnel in and out of the building, it was determined that the operation of the library simultaneously would be ill-advised. He said he hoped to contain the relocation period to four or five months and complete the project by October or November. Mayor Benson said the libraries in the cities of Cathedral City, La Quinta, and Palm Springs have all volunteered to help share the load. Mayor Pro Tern Spiegel pointed out the City of Rancho Mirage was also available to help. He asked Library Promotion Committee Chair Louise Kermode who was in the audience if she agreed with the proposed project and she signaled in the affirmative. Councilmember Finerty noted the staff report included a sheet called LEED 2009 for Commercial Interiors and it appeared the project had a guaranteed 50 points, which meant a Silver LEED Certification with the possibility of going up depending on those 53 questionable points. MR. HOLT agreed, stating it was a negotiation and variable they will continue through the process and strive to reach the highest level possible. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 Councilmember Finerty commended the efforts made to strive for the 35% reduction in water. Additionally, she was pleased with the new color palette that was just distributed this evening, stating it was lighter and brighter. Councilman Kroonen asked if Mr. Holt felt optimistic that this project could move through the Department of State Architect expeditiously, based on his prior experience with that agency. MR. HOLT responded it appeared that based on his conversations with the Rancho Bernardo office that their workload was down and, with the state of the economy, it might help this project, but they are expecting a three -months turnaround. He believed the project will be right on schedule because of the factored cooperation. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Concur with the recommendations of the Library Promotion Committee as have been provided for Design Schematic and Color Palette, and including those provided at its regular meeting March 16, 2011; 2) receive and file report for the "Refresh" Project being undertaken by the EDA for the Palm Desert Public Library as presented. Motion was seconded by Finerty and carried by a 5-0 vote. Mayor Benson thanked the presenters for coming out to update the City Council, stating staff had been through it at the Library Promotion Committee. She said the Project Team had been very responsive to everything the Committee had come forward with and was happy to see that everyone concurred with the Committee. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT, REQUIRING A CONDITIONAL USE PERMIT FOR SHORT-TERM VACATION RENTALS IN NON -GATED RESIDENTIAL NEIGHBORHOODS OR COMMUNITIES AND A MODIFICATION TO THE CONDITIONAL USE PERMIT CHAPTER ESTABLISHING A MINOR CONDITIONAL USE PERMIT REVIEW FOR THIS PURPOSE Case No. ZOA 10-68 (City of Palm Desert, Applicant). Principal Planner Tony Bagato stated this item was discussed at lengths for the past years, but this issue came up most recently in 2009 where a Conditional Use Permit (CUP) from a homeowner in Palm Desert Country Club was denied by the Planning Commission on a 4-1 vote. At that time, the City had four Planning Commissioners that dealt with a short-term rental case for the first time, even though the Zoning Ordinance allowed them with a CUP. The Planning Commission denied the CUP and was appealed to the City Council, and again was denied. The determination was that single-family homes were not comparable uses with short-term rentals. In 2010, staff 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 looked at a Zoning Ordinance Amendment after discussing the possibility of allowing short-term rentals in gated communities, but found the Ordinance didn't deal with gated communities and non -gated specific zones, so staff considered prohibiting short-term rentals in non -gated communities. In April 2010, the first hearing was held by the Planning Commission and it received many comments in opposition to the prohibition from homeowners who were legally renting their property with a business license, but in some cases they didn't have a CUP, because they weren't informed when they obtained their business license that they needed a CUP. After that meeting, a subcommittee was formed that included two Councilmembers, two Planning Commissioners, and members from the public both in opposition to and in favor of allowing short-term rentals. The pros and cons were discussed, and one main issue was to weight the balance of being a tourist community versus a growing permanent resident/retirement community. However, the benefits that residents get to experience came from Tax Occupancy Tax (T.O.T.) revenues from hotels, short-term rentals, and retail sales (shopping and eating out in restaurants). There were discussions that home rentals can provide a variety of options that hotels and motels couldn't, like accommodating large families or family combinations, infant care, and pets. Based on his own investigation and on-line research, staff guesstimated there were 1,300 short-term rentals with 1,200 of them being in gated communities and150 in non -gated communities. He said the T.O.T. last year from about 45% of those obtaining a business license was $234,900.27. Within the past ten years staff had only received seven complaints at seven specific properties. In some of those cases, they were repeated offensives and homeowners adjacent to those homes had experienced a lot of problems. However, staff found potential party homes were a small problem in the majority of the City. There was discussion on whether to prohibit short-term rentals or allow them outright, so the Committee returned to utilizing the CUP as the best all around approach, because property owners can be notified and restrictions can be implemented to keep them compatible with the single-family neighborhood. In that discussion, the fee for a Short- term rental CUP was discussed as well. Currently, a CUP costs $2,915, but with it being so high, people are not encouraged to obtain a business license and CUP. Therefore, part of this request is to initiate a minor CUP for a trust deposit fee of $1,500, which covers staff time. He said preset conditions of approval can be applied to short-term rentals that weren't in place in the past that would provide better control for the property owners and residents. One of the conditions is the minimum number of days a home can rent for by a property owner. The proposal is for three days and two nights minimum, because a large population with a great deal of wealth was within the two - hours radius that can come to Palm Desert for a weekend of shopping, and potential short holidays like Thanksgiving. Other conditions include the maximum number of people, which would be based on the number of bedrooms within the home; the appearance of the rental cannot look like a hotel; no signage allowed; all parking associated with the rental needs to be m PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 provided on the property; compliance with the City's Noise Ordinance; contact person and property owner information needs to be provided to the City so that staff can follow up with any complaints or potential violations; renter notification of conditions provided to renters; compliance with Transient Occupancy Tax; numerous violations can be cause for revocation of the CUP and a property owner will no longer be allowed to operate a short-term rental. The Planning Commission approved the proposal on a 3-2 vote, with Commissioner Lemont and DeLuna voting NO. He concluded his staff report and offered to answer questions. Mayor Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. VICKI MURGUTA, Owner of Vacation Rentals of the Desert, stated she represented 120 properties and has been managing properties for 15 years. She said there were many repercussions from an Ordinance of this kind, because there was a lot to consider as far as the economy and the types of people that have vacation rentals. These days a majority of the people who have vacation rentals are not looking to have a business, but are trying to save their second home, because they're upside down on their mortgage. Therefore, people either sell, foreclose, or turn a home into a long-term rental. She said a majority of her rentals are in country clubs and found that the high -end ones such as Monterey are going long-term, because the owners are pressed to do monthly rentals. In this economy, a rental that would normally be $1,800 a month was now $1,200, which attracted young families with kids and pets. She said you now see people in the pool every day and it changes the face of the community, which is what she feared. Additionally, $1,500 for an application was too high, because in talking to property owners that did on-line vacation rentals, who is her biggest competition, will stay below the wire. She said Palm Springs' Ordinance required a $60 permit per year, and at that price or even $100, people will want to come into compliance. Otherwise, property owners will continue to stay underground, which hurts her business and the City's T.O.T. As part of the Vacation Rental Managers Association nationwide, she learned there's been some vast studies made all over the United States where good -neighbor policies were established that turned some of these issues into win -win situations for the city and residents. She's hoping to participate in some of the meetings to share more, because three minutes wasn't enough time to share it all. MS. SARAH PALLETT, Brighton Street, Palm Desert, CA, stated herfamily often drove up from Los Angeles to stay in their home and rented it as a vacation home as well. She thanked the City Council for the opportunity to be part of the subcommittee and for forming it to allow interested parties to come together to collaborate. She said the Committee dug deep to the heart of the matter, which was neighbors getting along. She believed the M PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 proposed solutions presented this evening will accomplish that goal, because it was about respecting each other and each others property, which is what made Palm Desert such a great place to be. She was proud to be a homeowner and member of this community. She thanked the Council for its consideration and time. MS. CAROLE STEPHEN, Meadow Lane, Palm Desert, CA, stated she's lived in Palm Desert for 30 years and has a vacation rental and permit for it. In 2005 she broke her back and neck in a road accident and her only sources of income are from vacation rentals. She is very strict with the cleanliness of the home rentals and the type of clients she accepts. She had William Shatner from the television show called "CSI" stay in one of her rentals when his daughter was getting married in Palm Desert. Since then, he has referred many clients. She said many of her clients work for CBS, FOX, NBC, Sony, and Universal; she even had the Nabisco winner stay in her house. She said those attending the Bob Hope Classic or Canadians who come with their whole family to purchase a home in Palm Desert, couldn't stay for 30 days. Finally, Eisenhower Medical Center has one of the largest and best Cancer Centers in the Country that many of her calls are from families who want to be near their love ones in their final days and need a home for the entire family to stay. She wouldn't want to have to say the City of Palm Desert now had rules that required them to stay for a minimum of 30 days. She said short-term rentals in the Desert made Palm Desert popular, and Channel 2 televised a program recently that talked about vacation homes all over the Country in a positive way. She said during the summer golf courses needed the business that came from the Europeans, but they usually only stay 10 to 12 days. Mayor Pro Tern Spiegel stated the proposed Ordinance was for a minimum of three days. MS. STEPHEN said she was unaware of the change, but was pleased. She said she would never rent for less than three days anyway, because it would change the element of the person renting. MR. BURT MCCHESNEY stated he was a member of the California Desert Association of Realtors, the largest one in the Desert, and it opposed the proposed recommendations, because it was a solution in search of a problem. He said staff testified there were only seven complaints over a number of years involving short-term rentals, which didn't seem to be a huge crisis in need of a solution. He said the previous witness who was a professional in the business was of the same opinion he heard from his members regarding the $1,500 permit, requirement for property owners to participate in a hearing, notification of all members, and the fact that many property owners who lived out of the City would not be encouraged to apply but instead go underground. He said the City will lose both the ability to 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 know who is renting and the opportunity to collect its T.O.T. He recommended the Council consider staying with a relatively inexpensive license tax, which can achieve all the goals outlined by staff at a much lower cost. He said on-line registration would keep it simple, clean, and inexpensive for both the City and homeowner and still provide the City the knowledge of who is renting and be able to collect the tax at a much higher percentage. Responding to question about his opposition, he said he was opposed not only to the $1,500 fee, but the other components about providing notice to all the neighbors and participation in a public hearing to get approval. As an owner from out of the City, just to contend with the objections that regardless of Council's good intentions and quality standards imposed on tenants, it will be a tough sell. He believed the solution here didn't solve the problem of a few bad apples making noise and bothering tenants, which he agreed was not a good thing, but the City had a Noise Ordinance and other ordinances to enforce to make people comply. He said based on testimony today, there were not many complaints to go through such a big process, which didn't get anyone anywhere. MS. KIM ROGERS, Homestead Road, Palm Desert, CA stated the previous speakers covered all the same items she was going to address except that in her trying to sell homes in Palm Desert, she had already encountered buyers wanting to look elsewhere like Rancho Mirage or Palm Springs when she mentioned this special use permit. She said it was something else for the Council to consider, because it did affect Realtors incomes who specialized in the City of Palm Desert. She urged the Council to reconsider the CUP and drop the requirement for neighbor approval, because it was too much. She was in favor of conditionally allowing the short-term rentals to continue with the registered homeowners paying the T.O.T. She provided a letter in opposition from another agent to the City Council. With no further testimony offered, Mayor Benson declared the public hearing closed. Mayor Pro Tern Spiegel agreed the cost for the CUP was too high and believed other cities charged less. Additionally, he asked if it was normal to notify all the residents that a home would be rented out. Mr. Bagato responded the subcommittee discussed the fact that the City of Palm Springs had an Ordinance that allowed short-term rentals outright, but those that opposed short-term rentals preferred to prohibit them. Therefore, the CUP process became a compromise and tool, which would give the City more control, and by providing notification, neighbors will have an opportunity to raise their concerns, but wouldn't be able to vote against it. The Planning Commission will have preset conditions that hopefullywill provide them more clear cut direction than it had in the past. The CUP is a one-time fee, which ran with the home, but property owners will still be required to obtain their 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 annual business license for a fee of $50 or $60. The fee for the CUP can be set at Council's discretion, but it couldn't charge more than staffs time. He said Council can lower the fee to encourage people to apply for a CUP, with the understanding that staffs time will be recouped from the General Fund. He said $500 would be a third of staff's time. He reiterated the CUP was a compromise of the subcommittee and only applied to non -gated communities. Further responding, he said the CUP requirement only applied to about 150 homes. Mayor Pro Tem Spiegel asked if the comment that people will go underground meant the City wouldn't get the T.O.T. Mr. Bagato said that could happen potentially, but currently the fee was $3,000 and the proposed $1,500 fee was an incentive, but if Council felt it was too high, it can be lowered to a flat amount of $250 or $500, which is Council's purview and policy decision. Councilmember Harnik agreed the Council was trying to maintain the integrity of the neighborhoods and believed it would be accomplished through knowledge and enforcing current ordinances already in place; however, staff said there were only seven problems in ten years. She said if registering was made easy for those that want to rent their home, the City would then have information to monitor potential problem situations, because it has a great Police Department that responded well. And if any of those problems involved rentals, the property ownerwill lose the privilege of renting out their house. With regard to the condition of limiting one guest per bedroom and to the hours of 8:00 a.m. to 8:00 p.m., she thought was unrealistic. She said if she had guests in her home, chances are they're going to be there past 8:00 p.m., because she had adult children who will bring more than one friend. She believed the Council was trying to make sure visitors and guests in the City had the most positive experience possible to stay or buy a home here, and they certainly wanted people to spend their money in the City's retail outlets and restaurants. She said it was important a positive experience be created for everyone, and it can be accomplished by allowing people who want to rent to apply for a business license in order for the City to gather the most information possible. She said she lived in a neighborhood where there had been a couple of rentals and she didn't experience one problem. Councilmember Finerty stated on June 25, 2009, the City Council debated the same topic, and at that time, she said she felt the integrity of the residential neighborhoods needed to be preserved and that short-term leases, whether three days or up to 30 days, were not compatible with preserving that residential integrity. She said the City had a Commercial Zone for hotels, timeshares, and motels where people can stay, and if the Council allowed people to come to Palm Desert for three days in a residential 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 neighborhood, it would chang the character of the neighborhood she had moved into, which was the reason she was opposed. Councilman Kroonen asked if nothing was approved this afternoon, where did things stand. Mr. Bagato responded that per the current Ordinance, if a home is Zoned R-1, a CUP is required. Otherwise it's permitted outright everywhere else and only enforced based on complaints. Further responding, he said the current Ordinance has been in place since the year 2000. If someone applied for a CUP right now, the fee would be $2,915, because there is no other process. Councilman Kroonen stated that people who have been buying their homes as a permanent residence over a period of years have bought them under the assumptions that those would be the prevailing regulations; i.e., short-term rentals would not be an appropriate use of their neighbors home. Mr. Bagato responded it would not be correct to call it inappropriate, because short-term rentals are allowed with a CUP and restrictions in the R-1 Zone. Councilman Kroonen said the main problem with the current Ordinance is that the City is constantly referring to underground, which he found a rather offensive term. It implied to him that the City was not adequately enforcing current Ordinances already in place. He said he purchased his home in Palm Desert 35 years ago on the assumption of being able to live in a quiet and well -controlled neighborhood. Unfortunately, that hadn't always been the case. He took issue with the fact that although there have only been seven formal reports of problems, he could name seven problems in his neighborhood that had taken place in the last two or three years and believed everyone needed protection from that sort of thing. He agreed further enhancement of the Ordinance was in order, although many felt it was not a big problem. However, when you have one of these "party homes" in your neighborhood, it's a very big problem for the people that live nearby. He said his neighbor across the street had repeated problems with people arriving in the middle of the night, making loud noise, property owner out of town has been contacted and has said he would take care of the problem, but it doesn't get taken care of. He has seen property owners who live in a nearby community who basically thumb their nose to people who have complained to them. His point being that stricter regulations are needed and the proposed Ordinance has gone a long way in taking care of that. In talking to Councilmember Roach from the City of Indian Wells, he knew they are in the process of developing a policy, but didn't know what the City of Rancho Mirage's policy was. Mr. Bagato said the City of Rancho Mirage had only dealt with short-term 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 rentals when addressing noise or potentially other issues, but didn't prohibit them at this time; they are watching to see what Palm Desert will do and is looking at a similar approach of implementing a CUP for non -gated communities. The City of Indian Wells has been on the fence about prohibiting them altogether, and the City of La Quinta is trying to function more like Palm Springs by getting more active in enforcing and attempting to get the T.O.T. and allowing short-term rentals through a standard ordinance. The proposed Ordinance Amendment is to require the CUP with a standard set of conditions. He said modifications can be made at any point throughout the process, because it was a policy decision and enforced through a resolution, which is a lot easier to change. The last comment of the subcommittee was that this was a long discussed issue fortwo years and it negotiated to implement the proposed process for six months to a year to see how it went. If staff finds it's not that big a problem, modifications can be made to make it more business friendly or more restrictive if homeowners are having a lot of problems with adjacent short-term rentals. He commented this issue was similar to the recreational vehicles debate where there are no winning parties. Councilman Kroonen commended everyone who had been working diligently for a long time on this matter and, he too, was looking for a win -win situation for everyone. He said he wouldn't want this evening's decision to be considered as punitive and hoped it lead to an absence of the need for people to go underground to escape whatever it may be. In looking at the current condition, and as a personal matter, he would feel better that instead of three days and two night's stay, it was a minimum of a week. He agreed the fee of $1,500 for a CUP was too high. Mayor Benson said the Council had received several letters suggesting a minimum week stay and other letters stating that in these economic times people are buying homes in Palm Desert because they are cheap for once, and wish to rent them out until they retire. She said it seemed there was an abundance of short-term rentals coming in because of the market, and she didn't know whether the Council should go back to the drawing board to review some of the restrictions. She agreed the $1,500 fee was too high and believed the integrity of the neighborhood should be preserved, but she didn't want to run down the City either. She noted information was distributed to her colleagues on information she had checked on that showed the cities of Carmel and San Luis Obispo prohibited short-term rentals. She said the Council heard mixed comments this evening. Mayor Pro Tern Spiegel agreed with staffs comments that whatever was approved this evening was not set in stone and can be amended whenever. He said a lot of work went into drafting the proposed Ordinance Amendment by staff and subcommittee, including he and Mayor Benson. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 Mayor Pro Tern Spiegel moved to waive further reading and: 1) Pass Ordinance No. 1223 to second reading, approving a Zoning Ordinance Amendment requiring a Conditional Use Permit (CUP) for Short-term Vacation Rentals in non -gated communities; 2) adopt Resolution No. 2011 - 24, approving a set of standard Conditions of Approval for Short-term Rentals and establishing a new $500 Flat Fee for a Short-term Rentals Minor CUP. Motion died for lack of a second. Councilmember Harnik said one of the things the City has been working on was marketing toward the driving market with families that could come for Friday and Saturday night and get three full days to spend their money in Palm Desert. One thing mentioned that concerned her was those persons thumbing their nose at complaints, which she felt was a bigger issue than the short-term rentals and needed to be addressed with the City's public safety. She went on to say that in her experience working in a gated community, she found there was a lot more T.O.T. to be collected , but if more restrictions are placed, fewer people will feel obligated to report their rentals, and whether you call it underground or a black rental market, that's what it becomes. She said the City's focus should not be on putting more ordinances, restrictions, rules and regulations, but enforcing those well -reasoned ones already in place. She said there are things to glean from what came out of this subcommittee that can be used, but one had to be careful not to put a blanket approach and making it difficult for people to step up and be accounted, as far as business people and people who are renting. Mayor Benson said law enforcement has said they didn't have a strong Ordinance to enforce, so when they go out, they can't do anything. Mr. Bagato said one of the items on today's agenda that was approved earlier when Code Enforcement Supervisor Pedro Rodriguez came up to the podium, allows for the City to issue Administrative Citations, which will give Enforcement Officers the authority to issue fine violations. Additionally, because of the experience with Augusta Restaurant, the City improved the Noise Ordinance, which now has more teeth. He said the City has the tools in place to enforce and address noise complaints better than it had in the past. Mayor Pro Tern Spiegel amended his motion to include that the process be reviewed in six months. Councilman Kroonen said he liked most of what was proposed but was concerned with the minimum number of days. Mayor Pro Tern Spiegel said if the audience was asked, they would agree it needs to be two nights, because people who come down for the weekend, stay Friday and Saturday night, and return to Los Angels to be in their home by Sunday night. He said the majority of the traffic is drive-in traffic. 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 Councilman Kroonen said he had great respect for all the people who came to speak this evening and appreciated the dignity in which each presented themselves. However, back in 1981 when he was elected to the Desert Sands School Board, another elected official advised him to listen to the people who came to talk to you but also keep an ear to the ground, listening to everybody else who was not there before you. Councilmember Finerty agreed, stating if the majority of Palm Desert residents knew that their neighborhood could be changed by how property owners are allowed to rent out for two nights, they would not be in favor. The other point that needed to be made was that the Council was faced with challenging budget issues and obviously public safety was always going to be number one, but to think the City will expend public safety officers to deal with short-term rental, which is changing the integrity of the residential neighborhood in the first place, was a ridiculous way to spend money. Councilmember Harnik said it almost seemed like this conversation was based on the presumption that all renters are bad, which she didn't think was the case. She said she traveled to places and rented for short periods with her family and is always welcomed back. She said the few and far between issues should be considered, because she can bet that those people who have purchased homes cause as many problems with sound and disrespect for their neighbors in probably far greater numbers than renters. She said it was like the old 1950's with the one percent motorcycle riders, and it was like assigning bad behavior to all renters, and she wasn't sure that was fair. Motion was seconded by Harnik. Councilman Kroonen said he wanted the record to reflect that his comments did not mean that he thought all his neighbors were bad. He said there were thousands of wonderful people who lived in this community, and he wouldn't want to in anyway infer that he felt anything to the contrary. He asked Councilmember Harnik not to characterize him in her group. Councilmember Harnik said she didn't mean to and was just speaking on this specific conversation regarding renters. Mayor Benson called for the vote and the motion carried on a 3-2 vote with Finerty and Kroonen voting NO. 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 B. REQUEST FOR APPROVAL OF AMENDMENTS TO THE ENERGY INDEPENDENCE PROGRAM (EIP) REPORT AND ADMINISTRATIVE GUIDELINES. Redevelopment Manager Martin Alvarez stated in February 2011 the City Council adopted a resolution enacting a public hearing to amend the EIP guidelines. The modifications to the guidelines will address requirements under AB 44, which took effect January 2011. This requirement will prohibit property owners from participating in an EIP assessment program if their combined annual taxes and assessments are greater than 5% of their property value. He said the City's current loans or assessments are in compliance, because this requirement had already been implemented. Staff recommended the Council approve the amendments at the conclusion of the public hearing. Mayor Pro Tern Spiegel asked Director of Finance if he was in agreement with the proposed amendments. Mr. Gibson answered yes. Mayor Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Mayor Pro Tern Spiegel moved to waive further reading and adopt Resolution No. 2011 - 25, approving amendments to the Energy Independence Program Report and Administrative Guidelines prepared pursuant to Section 5898.22 of the California Streets and Highways Code. Motion was seconded by Finerty and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER City Manager Meeting Summaries for the Period of March 3 - 15, 2011. With City Council concurrence, the report was received and filed. 2. Street Name Policv - Mr. Wohlmuth stated he drafted a policy on street name changes, which will be on the next City Council agenda. 3. Request to attend Cathedral City Police Officer Jermaine Gibson's funeral services on Friday, March 25 at Southwest Community Church in Indian Wells on behalf of the City Council since the Council will be conducting the Citizens' Sustainability Committee interviews. 27 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING B. CITY ATTORNEY None C. CITY CLERK DRAFT MARCH 24, 2011 1. Consideration of the Appointment of a Delegate and Alternate to Participate in the Southern California Association of Governments (SCAG) General Assembly, May 5 - 6, 2011, in La Quinta, CA. Ms. Klassen said there was a request made to her office by SCAG that if the Council was interested in participating in the General Assembly on May 5-6, 2011, the Council will need to appoint a delegate and possibly an alternate to participate and vote. Responding to question, she said the late Councilman Richard S. Kelly was the delegate last year when it was held locally. Councilmember Harnik stated she would love to attend and Councilman Kroonen agreed to be the alternate. With City Council concurrence, Councilmember Harnik was appointed as the Official Delegate to represent the City of Palm Desert in the SCAG General Assembly being held in La Quinta on May 5-6, 2011, with Councilman Kroonen appointed as the Alternate. 2. Reminder of City Council Study Session on Friday, March 25, 2011, 8:00 a.m., Council Chamber Conference Room, for the Purpose of Reviewing Applications and Conducting Interviews for the Citizen's Sustainability Committee. City Councilmembers acknowledged the reminder. 3. City Council Budget Study Sessions - Ms. Klassen announced the first Budget Study Session is scheduled for Thursday, April 7 at 8:00 a.m. in the ACR with the next one scheduled for Tuesday, April 12 at 8:00 a.m. in the ACR. D. PUBLIC SAFETY o Fire Department Chief Hunley thanked the City Council for their support in the upcoming ten-day training being conducted off San Pascual Street. He said the training will put approximately 150 to 180 fire fighters through life scenario drills, which was a worthwhile training. K—* PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING o Police Department DRAFT MARCH 24, 2011 1. FBI National Academy Training - Lt. Shouse informed the City Council he would be away for ten weeks to attend the FBI National Academy in Quantico, Virginia; he'll be leaving April 2 and returning June 10. He said Lt. Bill Sullivan will be the liaison with City staff and Sgt. Misty Reynolds will be attending the Public Safety Commission Meeting and other meetings at City Hall during his absence. 2. Multi -Agency Parol Compliance Operation - Lt. Shouse stated at 5:00 a.m. this morning 150 officers throughout the Riverside County assembled at the Palm Desert Sheriff's Station to conduct a multi -agency parole compliance operation within Palm Desert's area of jurisdiction. He said 125 parolees were identified that are on active parole. Parole compliance checks were conducted on their residences and ended up arresting twelve subjects during this sweep; thirty-two of the subjects live in Palm Desert with the remaining subjects living in the City of Rancho Mirage and unincorporated areas like Sky Valley, Desert Hot Springs, and Thousand Palms. He said it was a successful operation and law enforcement presence was felt, because officers interacted with the subjects, their family members, and neighbors. The Department sent the message that it was out checking up on subjects search terms and conditions of their parole. 3. Police Officer Jermaine Gibson - Lt. Shouse noted Police Officer Gibson from Cathedral City Police Department was killed last week in a vehicle pursuit. Services are being held on Friday, March 25, 2011, at 10:00 a.m. Due to traffic concerns, the Department is asking the public to arrive early at about 9:00 a.m. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Study Session with CVEP - Mayor Pro Tem Spiegel asked the City Manager to invite the new Manager of Coachella Valley Economic Partnership (CVEP) for a Study Session on what they have accomplished and plans are forthe future. He'd like to make an informed decision prior to the Budget Study Sessions. 29 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 Ms. Klassen pointed out a Study Session was already scheduled with CVEP on April 14, 2011, at 2:00 p.m. Responding to question, Mr. Wohlmuth agreed the City Council can postpone any budget discussions/decisions relating to CVEP to one of the later Budget sessions. o City Council Consideration of Travel Requests and Reports: None o City Council Committee Reports: Youth Committee - Councilman Kroonen announced he and Councilmember Harnik will be attending the next Youth Committee meeting scheduled for Monday, April 11, 2011. o City Council Comments: Citizen of the Year - Mayor Pro Tern Spiegel stated Desert Willow provided a fine luncheon for the Palm Desert Rotary to present Barbara DeBoom with the award of Citizen of the Year. 2. Palm Desert Youth Soorts Baseball ODenina Dav - Councilmember Harnik stated she and Councilman Kroonen were fortunate to attend the baseball opening day at the Civic Center Park. She said there were thousands of people in attendance with the flyover and Marine Band was also there. Councilman Kroonen concurred. 3. Fashion Week - Councilmember Harnik said the week-long event has been great and amazing. She encouraged all to attend one of the events, because in years to come, one will have to buy their tickets early. She said the shops on El Paseo provided a fabulous fashion show Monday night. o Suggested Items for Future City Council Meeting Agendas: AB811 Conference - Councilmember Finerty requested staff provide a follow-up report on the AB811 Conference with the contract and scope of work on furthering the work of AB811. Additionally, that the reports include items discussed at the conference on how the City may move forward. 01 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 Mr. Wohlmuth said he received a draft scope of work from EcoMotion, which he can place on the next City Council meeting agenda. XIX. ADJOURNMENT Upon a motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting at 5:50 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JEAN M. BENSON, MAYOR 31