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HomeMy WebLinkAboutPreliminary Minutes - City Council 02/09/2012PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 9, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:01 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilmember Cindy Finerty Councilmember Jan C. Harnik Mayor Pro Tern William R. Kroonen Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Justin McCarthy, Assistant City Manager Rachelle D. Klassen, City Clerk 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 Stephen Y. Aryan, Risk Manager 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 111. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Kroonen, second by Harnik, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:02 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 - Mayor Robert A. Spiegel Vill. INVOCATION - Councilmember Jean M. Benson With City Council concurrence, Mayor Spiegel suspended the agenda at this point in order to take up Section IX - Awards, Presentations, and Appointments, Item A. Immediately thereafter, he resumed with Section Vill - Oral Communications - B. Vill. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. ►�= B. ORAL COMMUNICATIONS None 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE CITY COUNCIL ABOUT THE CALIFORNIA SMALL BUSINESS DEVELOPMENT CENTER (SBDC) - COACHELLA VALLEY SBDC. MR. EZEKIEL BONILLAS, California Small Business Development Center, hosted by the Coachella Valley Economic Development Office (CVEP) in Palm Springs, referred to a PowerPoint presentation that Councilmembers may have already been given briefly describing the SBDC's mission. He appreciated the opportunity to appear here today and let everyone know that they were open for business to provide one-on-one consulting services to small businesses within the Coachella Valley. He said their services are offered to operations from start-ups to those with $5 million - $10 million in sales for the purpose of creating jobs and helping small businesses obtain lines of credit and financing, all for bettering the Coachella Valley. In addition to the nine cities locally, their office serves Blythe and the High Desert. They also partner with College of the Desert to provide quality workshops on business topics, such as starting a business, writing a business plan, obtaining financing, as well as leveraging partnerships to help businesses find the right sources of financing. He acknowledged Palm Desert being a great supporter of CVEP and thanked the City for the continued opportunity to serve local small businesses. Upon question, he affirmed that they also work with the Palm Desert Chamber of Commerce. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 26, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 155, 159, and 160. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#695) by Burton Charles Blaurock in the Amount of $6,949,661.61. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of December 21, 2011. 2. Cultural Resources Preservation Committee Meeting of September 27, 2011. 3. Landscape Beautification Committee Meeting of September21, 2011. Rec: Receive and file. E. REQUEST FOR APPROVAL of an Agreement with Golf Channel Solutions to Provide Marketing and Online Tee Time Reservations for Desert Willow Golf Resort (Contract No. C31590). Rec: By Minute Motion: 1) Approve an agreement with Golf Channel Solutions to provide golf course marketing and online tee time reservations for the Desert Willow Golf Resort; 2) authorize Desert Willow Golf Resort to provide two golf rounds per day to Golf Channel Solutions in lieu of compensation for services provided. F. REQUEST FOR ADOPTION of Categorical Exemption and Authorization to File Notice of Exemption for the Highway 111 Resurfacing Project. Rec: By Minute Motion, adopt the Categorical Exemption for the Highway 111 Resurfacing Project and authorize the Director of Public Works to execute and file the Notice of Exemption with the County Clerk. Upon a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2012 - 06 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2011-2012 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS. Mr. Gibson noted the staff report, stating the City is increasing in a number of revenues, including sales tax, transient occupancy tax, timeshare mitigation, triple flip, but also having to eliminate the reimbursement for City staff time from the Redevelopment Agency, which changed the net revenues to zero. As far as expenditures, there is an increase of $149,541. 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 Councilmember Finerty moved to waive further reading and adopt Resolution No. 2012-06. Motion was seconded by Kroonen and carried by a 5-0 vote. B. RESOLUTION NO. 2012 - 07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING AN ELECTION IN CONNECTION WITH HOUSING ASSETS AND FUNCTIONS UNDER PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE, AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH. Ms. Moore stated AB26 effectively eliminated Redevelopment Agencies as of February 1, 2012. A component of the Redevelopment Agency's activities was Affordable Housing, of which 20% of the tax increment was spent. The City has more than 1,100 rental units, which includes planned units. The City also has developer provided units and houses that are for sale with covenants on them. She said the Council may recall in 1998, the City received 725 units from the County Housing Authority, and as part of AB26, the City needs to elect what it would like to do with those housing units. There are three options, one is the City itself can elect to retain those assets, secondly, the Riverside County Housing Authority could be selected as the Successor Agency, orthe Palm Desert Housing Authority can be selected as the Successor Agency. She noted an amended staff report was provided to the Council with the changes in bold. The changes were made to ensure there was clarity that the action requested by staff is for the Council to elect/select the Palm Desert Housing Authority as the Successor Agency. She said AB26 is vague and every day there is a different interpretation or the Department of Finance comes up with a different understanding. However, the Council needs to actually name the entity. Councilmember Finerty moved to: 1) Waive further reading and adopt Resolution No. 2012-07, selecting the Palm Desert Housing Authority (PDHA) as the successor housing agency, pursuant to Health and Safety Code Section 34176(b); 2) by Minute Motion, authorize the PDHA to retain the responsibility for performing housing functions previously performed by the Redevelopment Agency; 3) by Minute Motion, authorize transfer of all the assets, as allowed by law, and all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the Redevelopment Agency to the Palm Desert Housing Authority. Motion was seconded by Benson and carried by a 5-0 vote. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FORAPPROVAL OF UPDATED BYLAWS FORTHE CITIZEN'S SUSTAINAB ILITYCOMMITTEE AND APPOINTMENT OF NEW MEMBERS. Councilmember Finerty moved to: 1) Waive further reading and adopt Resolution No. 2012 - 08, establishing the Bylaws of the Palm Desert Citizen's Sustainability Committee; 2) by Minute Motion, appoint Susan Rosenberg to the vacant seat never assumed by Joseph Norbeck (term Dec. 31, 2014); David Mourhess and Dean Gatons each to a four-year term (Jan. 1, 2012 -Dec. 31, 2015). Motion was seconded by Kroonen and carried by a 5-0 vote. B. REQUEST FOR APPOINTMENT OF TWO MEMBERS TO THE OVERSIGHT BOARD FOR PALM DESERT CREATED BY ABX1-26. Mr. Wohlmuth stated ABX1-26 provides the City the ability to appoint two members to the Oversight Board; one appointment is a former Redevelopment Agency employee and one is the Mayor's selection. Staff recommends appointing Project Coordinator Heather Buck as the former Redevelopment employee. Mayor Spiegel stated he would personally like to serve on the Oversight Board; therefore, he would nominate himself and Ms. Buck. Mayor Spiegel moved to, by Minute Motion, appoint Heather Buck, Project Coordinator, and Mayor Robert A. Spiegel to the newly created ABX1-26 Oversight Board for the City of Palm Desert as Successor Agency to the Palm Desert Redevelopment Agency. Motion was seconded by Kroonen and carried by a 5-0 vote. [.1 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 C. CONSIDERATION OF REQUEST TO APPLY FOR A TEMPORARY USE PERMIT, ALLOWING THE PALM DESERT CHAMBER OF COMMERCE TO HOLD A REGULARLY OCCURRING VALLEY -WIDE, ONE -DAY GARAGE SALE TWO TIMES PER YEAR LOCATED AT 72-559 HIGHWAY 111 (ENTRADA DEL PASEO), Case No. TUP 12-37 (Palm Desert Chamber of Commerce, Applicant). Mayor Pro Tern Kroonen moved to, by Minute Motion, allow the Palm Desert Chamber of Commerce to apply for a Temporary Use Permit to hold a regularly occurring Valley -wide, one -day Garage Sale two times per year at Entrada del Paseo, and authorize the City Manager to sign as authorized representative. Councilmember Harnik noted the request was ambiguous, because a specific date for each garage sale wasn't provided and believed they should. She said the sales could conflict with other events in the City. Mayor Spiegel agreed; however, the garage sales will be over by 11:00 a.m. and wouldn't cause terrible interference, but rather attract people to the El Paseo area. Mayor Pro Tern Kroonen stated the recommendation left room for judgement at the staff/manager level to handle when these valley -wide one -day garage sale two times per year is to happen. Councilmember Harnik seconded the motion, and it carried by a 4-1 vote, with Benson voting NO. D. REQUEST FOR AUTHORIZATION FOR THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) AND A CERTIFICATE OF ACCEPTANCE FOR A QUITCLAIM DEED WITH THE COUNTY OF RIVERSIDE FOR THE MONTEREY AVENUE INTERCHANGE RAMP MODIFICATION ON INTERSTATE 10 (CONTRACT NO. C31600, PROJECT NO. 669-02). Mr. Greenwood stated staff is working very hard to expedite the approval of the Monterey Avenue 1-10 Interchange Improvements at Caltrans. The last stumbling block is an access control issue where the new ramp will exit from west bound 1-10 onto Varner Road; the City needs to do a land swap with the storage center at that location. The County doesn't think they can expedite the land swap with a private owner as quicky as the City, so the County will transfer this property to the City, the City will then enter into an agreement with the property owner. This action is to enter into a Memorandum of Understanding with the County to accept the property from them, and then a subsequent action to transfer it to the private owner. Responding to 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 question about the cost, he said there was no cost associated with these actions. Mayor Spiegel stated the City has been wanting to make these improvements for a very long time, which he believed will make that interchange at Monterey much better and hopefully it will get done in the summer when it's not as busy. Mayor Pro Tern Kroonen moved to, by Minute Motion, authorize the Mayor to execute an MOU and a Certificate of Acceptance for a Quitclaim Deed with County of Riverside for the Monterey Avenue Interchange Ramp Modification on Interstate 10. Motion was seconded by Harnik and carried by a 5-0 vote. E. REQUEST FOR APPROVAL TO FUND THE ANNUAL FINE ART INSURANCE PREMIUM IN THE AMOUNT OF $10,000 FOR ART SCULPTURES TO BE PLACED IN THE ERIC JOHNSON MEMORIAL GARDEN (SCULPTURE GARDEN) PER THE LEASE AGREEMENT WITH THE PALM SPRINGS ART MUSEUM (CONTRACT NO. C29860). Risk Manager Steve Y. Aryan stated the City's Lease Agreement entered into with the Palm Springs Art Museum obligates the City to provide insurance for the artwork going into the nonexclusive use area, which is not the artwork located within the facility but in the Eric Johnson Memorial Garden. Staff has vetted this with the California Joint Powers Insurance Authority (JPIA) and they see no problems with the policy; therefore, staff recommended approval. Councilmember Benson questioned how it is the City has to pay for the insurance when it didn't ask them to put the sculptures in the Garden. Councilmember Harnik responded it was in the lease. Councilmember Benson said it seemed the City was being taken down a merry road to have to pay for everything that went in the Garden without having a say, which bothered her. Mayor Pro Tern Kroonen asked if the proposed recommendation consistent with the letter of the details of the contract. Mr. Aryan answered yes, stating staff reviewed the contract and it clearly obligates the City to provide for insurance. Further responding, he said the contract was approved by the Council in July 2010. Councilmember Benson said she didn't recall getting the details of the City having to pay. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 Mr. Aryan noted staff is reviewing this Agreement thoroughly to outline any costs or financial commitments that the City is obligated to participate in as part of this Lease Agreement. He said the Council and City Manager will get that report next week. Councilmember Finerty moved to, by Minute Motion: 1) Approve $10,000 in funding for the annual Fine Art Insurance Premium for art sculptures to be placed in the Eric Johnson Memorial Garden, per conditions of the Lease Agreement with the Palm Springs Art Museum; 2) appropriate $10,000 from the Unobligated General Fund Reserves for insurance premium costs. Motion was seconded by Spiegel and carried by a 5-0 vote. F. CONSIDERATION OF AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION NOS. 9.58.010 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY AND 25.64.040 - USES PERMITTED SUBJECT TO TEMPORARY USE PERMIT FOR VARIOUS PRIVATE EVENTS AT THE PALM SPRINGS ART MUSEUM - PALM DESERT (THE GALEN), 72-567 HIGHWAY 111. Councilmember Finerty moved to, by Minute Motion: 1) Approve an exception to P.D.M.C. Section 9.58.010 for the noted private events at the Palm Springs Art Museum - Palm Desert (The Galen), located at 72-567 Highway 111; 2) authorize the City Manager to execute the Temporary Use Permits associated with these events; 3) approve an exception to P.D.M.C. Section 25.64.040, permitting the Palm Springs Art Museum -Palm Desert (The Galen), located at 72-567 Highway 111, to have more than 10 Special Events requiring a Temporary Use Permit for Calendar Year 2012. Motion was seconded by Kroonen and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 AND ACCEPTANCE OF WORK FOR CONTRACT NO. C27950A - INTERSECTION IMPROVEMENTS AT FRANK SINATRA DRIVE AND PORTOLA AVENUE (PROJECT NO. 572-08) (Continued from the meeting of January 26, 2012). Mr. Greenwood stated this was Council's final action on the Portola Avenue and Frank Sinatra Drive intersection improvements. The last item left to do by the landscape contractor is the replacement of six palm trees that didn't thrive. He noted staff was proud to bring the project within 1 % of budget. Councilmember Finerty moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of $38,816.39 to the subject contract with H & H General Contractors, Inc., Highland, California, foradditional work performed on the project; 2) authorize transfer of $38,816.39 from contingency to base forthe contract; 3) authorize the Mayorto execute Change Order No. 1; 4) accept the work as complete and authorize the City Clerk to file a Notice of Completion forthe subject project. Motion was seconded by Harnik and carried by a 5-0 vote. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A 10Yz-MONTH EXTENSION OF THE EXISTING 45-DAY MORATORIUM ON ISSUANCE OF BUILDING PERMITS, CONDITIONAL USE PERMITS, AND RELATED ENTITLEMENTS FOR CONSTRUCTION OF ROOF DECKS WITHIN THE CITY WHILE OPTIONS FOR LONG-TERM REGULATORY STRATEGY ARE STUDIED; AND FOR AN EXCEPTION FOR A BUILDING PERMIT SUBMITTED BEFORE THE 45-DAY INTERIM MORATORIUM TO ALLOW A VIEWING ROOF DECK LOCATED ON A PROPOSED CASITAADDITION AT A RESIDENCE IN SOUTH PALM DESERT, LOCATED AT 73-271 BUCKBOARD TRAIL, SUBJECT TO CONDITIONS (City of Palm Desert, Applicant / James Jeffords, Applicant). Assistant Planner Kevin Swartz stated on January 12, 2012, the City Council imposed a 45-day Interim Moratorium on issuance of building permits for construction of roof decks. So far, during the 45-day period, staff has been reviewing the possible impacts and studying the issue further. Staff will need to verify the intent of the City's policymakers and analyze conditions under which such a roof deck may be granted and not pose a threat to the privacy of neighbors. The findings of this analysis will be used to shape development standards in the update of the Zoning Ordinance that is currently underway. Staff is still in the process of researching the information and is requesting additional time by extending the Moratorium for an additional 10-1/2 months. The second request is to allow an exception to the 45-day Interim Moratorium; on January 11, 2012, the Applicant submitted building plans prior to the Moratorium going into effect. The Applicant is proposing a 974 square foot casita with a viewing roof deck. He displayed a photograph of the location of the home that is in south Palm Desert in the Silver Spur Ranchers Association at Buckboard Trail. He displayed the site plans and went on to describe the interior of the home. He said the casita is at 14'4" in total height, the viewing deck is at 10 feet and built around it is a 4'4.5" parapet wall. The Zoning Ordinance does not prohibit viewing roof decks in the single-family zone. Staff believes that at this location a viewing roof deck would not be detrimental to the existing neighbors because of location and existing landscaping. The homeowner has volunteered and agreed to add additional landscaping, maintain it, and have the conditions recorded to his property. He displayed various pictures taken on site of where the casita would be located, and he noted he was standing on an eight -foot ladder at just under six feet. He noted the views looking to the south, east, and west show massive trees providing abundance of privacy. He said Silver Spur 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 Ranchers Association originally approved the casita with the roof deck in a letter dated November 18, 2011. The Association submitted a letter on February6, 2012, recommending the City prohibits the roof deck. I contacted a member of the Association, and an email was submitted, which is included in Council's packet that indicates the Silver Spur Association does not recommend in favor of the roof deck. Staff is recommending that the City Council grant the exception to allow the viewing roof deck since the building plans were submitted before the 45-day Interim Moratorium. Mayor Pro Tern Kroonen asked the City Attorney for his opinion regarding this issue. Mr. Erwin responded the potential of an exception was reviewed, and it appears there is one application that is different from anything else. The Council has the discretion to issue exceptions to the Moratorium if it chose to do so. He said if the Council was to grant this exception, there is no other application in the City in a similar circumstance; this would be a single exception. Further responding to the risks involved if the exception is not granted, there is the potential that the Applicant would challenge the decision but unlikely the Applicant would be successful. Mayor Spiegel declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. MR. VINCENT BARBATO, Palm Desert, stated he was one of the principals of Family Development, which is located in Palm Desert. He asked the Council to reconsider granting the 10-1 /2 month extension of the Moratorium; he is confused on what is needed to be done during that period. He read the staff report and understood viewing decks are not prohibited at this current time, and staff is concerned that roof decks might pose safety hazards or diminish property values. He is familiar with the Building Department and they are more than adapt at ensuring and addressing safety hazards as far as the structure integrity of viewing decks. He said staff did a great job of scrutinizing the proposed roof deck, and their concern for the neighbors was adequate. Additionally, it was a fact that roof decks increased the value of the property they are built on and that increase shouldn't be at the expense of neighbors. However, he believed the City has easy policies in place to ensure neighbors weighed in on whether or not they approve of a roof deck. He didn't believe the proposed Moratorium was needed and asked the Council to reconsider that request. MR. JOE DIKDAN stated he was representing himself as a resident of Palm Desert for 13 years as well as Silver Spur Ranch. As indicated in his letter to the Mayor and Councilmembers, roof decks are a cause of deterioration of quality, peacefulness, and safety of those residents adjacent to a home with a roof deck; a roof deck could affect up to five neighbors. He said the 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 Association supports the current Moratorium, the proposed extension, and possibly an ordinance that would permanently prohibit roof decks in the City. A roof deck will mostly affect the privacy to people, because he didn't believe anyone would want a person peering over to their yard while one is smoking their cigar, drinking a beer or having coffee, swimming in the pool or sitting in the hot tub. However, he believed Mr. Jeffords did a great job with regard to putting up his vegetation. He said Silver Spur did not have anything specifically in their CC&Rs about roof decks nor did the City have any specific ordinance prohibiting them, but he felt it was just time for the City Council and City Departments to act to prohibit them in the future to retain the tranquility of the City. He said if roof decks are to be built or permitted, there needs to be some restrictions with regard to the access, because a new casita could have an internal staircase, but an existing building with a flat roof may want to have an exterior staircase, which would not be visibly pleasing to neighbors. MR. JAMES JEFFORDS, Applicant, stated he inquired at City Hall about whether or not he could build a guest house and was told he could. He said he built one ten years ago and it turned out very nice; he would be glad and proud to show anyone his work. He noted Mr. Tony Bagato from the Planning Department seemed to have a lot of integrity. He asked Mr. Bagato what were the requirement to build a casita and was told to bring in the drawings and submit a plan, and so forth. The plan illustrated an interior spiral staircase five feet in diameter and it displayed nothing on the outside; he could have easily put a piece of sculpture on the outside that didn't touch the walls, which would have probably been acceptable. He said this property/guest house couldn't be seen from any place unless one was on a helicopter, because it's blocked at least 12 or 14 feet in height. He later received a call from Mr. Bagato informing him the City would be declaring a moratorium. He informed Mr. Bagato that he had invested a lot of money and many months of work, and Mr. Bagato told him that if he submitted his plans before 4:00 p.m. on Thursday, which was the day of the City Council meeting, he would stamp the plans at the counter. Additionally, he was told he didn't have to be at the meeting, because his request may not even come up. He said Mr. Dikdan was invited to his home, and he went over with another board member, which was true of other people as well. However, Mr. Dikdan say's one thing and does another. He said comments had been made that he was putting a fire pit on the roof deck, which can be carried all the way into orgies, but none of that is in his lifestyle. He went on to say he was proud of his record as a citizen, and he would be glad to furnish it to anyone. He said the problem was that he did all his due diligence, invested $500,000 in the building, spent $20,000+ to meet the City's deadline by working through weekends and nights with a staff of people from more than one office. He started out with a development purpose with a gentleman from Santa Barbara who is an honored architect in Mid Century and also worked with some local people. He reiterated he did everything he was told 0K PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 to do and now the City wanted to slide the rug out from underneath, which he thought was immoral. He said if that was the case, someone better write him a check for all the money he spent. He said if the City's word was no good, its reputation was on the line, not his, because he did everything he was suppose to do and he wasn't going to walk away and lose that kind of money. He said if the City wants the house, they can write him a check for it and all his expenses; he will furnish the receipts. He said at the age of 85 years, he didn't have the ability or the health to make up the money. He asked the Council to honor their word to him, because he came to the Planning Department counter at least half a dozen times and met every requirement. He even asked staff if they preferred the stairway inside or outside, and he followed their advice and placed it inside. He challenged anyone that says it will affect his neighbors, because across the street is the substation for the electric company, of which the trees are all dying and the City hasn't done anything about it, and the house behind his is going to be rented. He said the neighbors have been over to his house more than once, and he has found no one to be concerned. He said this property cannot be seen except from the air, which he can guarantee in writing. He noted he had the accepted application in case anyone questioned whether he had it prior to the Moratorium. With no further public testimony offered, Mayor Spiegel declared the public hearing closed. Councilmember Benson stated she believed two different things were being debated, one was the extension of the Moratorium, which she favored if staff felt 10-1/2 months was needed. She would like the City to have an ordinance prohibiting roof decks, because this wasn't the first request. Years ago there was a request off of Portola Avenue, but the applicant retreated when he learned the City wasn't thrilled about it. Therefore, she felt an ordinance was needed to protect the integrity of the neighborhoods and to avoid having people put gardens up that don't have the shaded areas that this house happens to already have. Additionally, it always disturbs her when someone says City staff told them to do this and that before the Council has an opportunity to turn it down. She understood staff needed to inform people about what is required, but to encourage them to get the building permit to beat this Council when they knew it was going to ask for a 45-day moratorium was disturbing. She was also concerned about the City Attorney's reply as to what options the Council actually had in this case and whether there would be a lawsuit or not. Mayor Pro Tern Kroonen agreed these two items needed to be considered separately. Mayor Pro Tern Kroonen moved to waive further reading and adopt Urgency Ordinance No. 1232 by four -fifths vote, approving an extension for an additional 10Y/2 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 months to the existing 45-day interim moratorium on issuance of building permits, Conditional Use Permits, and other entitlements for construction of roof decks. Motion was seconded by Finerty. Councilmember Harnik asked if the extension of the Moratorium coincided with the rewriting of the current codes. Mr. Swartz answered yes, stating the studying of the issue could be completed sooner, but the zoning ordinances will be brought back at the end of the year. Councilmember Benson asked if 10-1/2 months was needed. Councilmember Harnik noted itwas mentioned during the Study Session that the rewriting of the codes and trying to simplify them would take approximately a year. Mr. Wohlmuth stated if the Council approved this Moratorium, within the 10-1 /2 months, staff will bring the Zoning Ordinance to the Council, which will have the clarification of the roof deck in that Zoning Ordinance update. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. Mayor Spiegel noted the next item for consideration was the roof deck exception for Mr. Jeffords. Councilmember Finerty stated she has always felt the integrity of 'a residential neighborhood needed to be protected, and as mentioned to Mr. Jeffords when she met with him, it was not in the City's best interest to have a roof top as proposed where people can peer down causing privacy issues. She said there are many restaurants people can go to for a nice view, but she didn't think that's why most people moved into a neighborhood in Palm Desert; therefore, she would be opposed to the Application. Councilmember Harnik stated she was concerned, because there are places where the City has very tall apartments, decks, and patios, and they are all okay. However, she agreed this was different, because it was in a little neighborhood. She asked if staff heard from the neighbors that abut to this piece of property. Mr. Swartz answered no, but assumed the Association had spoken to them. He suggested asking Mr. Dikdan about it. MR. DIKDAN responded he did not speak to Mr. Jeffords' neighbors, but did with others in the area about the issue, and they are absolutely opposed to having roof decks. He wished to clarify that Mr. Jeffords asked the 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 Association to look at his property. The Association sent him a letter outlining exactly what he told them he was going to do along with their response that they did not have any specific objections, because they didn't have anything in their CC&Rs, which Mr. Jeffords was supposed to have signed and return, but it hasn't been received. He would support, contrary to what Mr. Jeffords may think, that if the application was submitted prior to the Ordinance, Mr. Jeffords request should be approved. However, he did not feel the Council should move forward in approving any roof decks for the future. Councilmember Finerty moved to, by Minute Motion, deny the exception to allow a viewing roof deck located on a proposed casita addition at 73-271 Buckboard Trail, subject to conditions. Motion was seconded by Benson and carried by a 3-2 vote, with Kroonen and Spiegel voting NO. Councilmember Harnik stated she wanted to move to continue this matter, because she would like to hear from the neighbors involved. She asked if it was too late to reconsider. Mr. Erwin explained that if Council were to reconsider, it will need to take action at this meeting, which is in the City's current Ordinance. Councilmember Harnik reiterated she would like to hear from the Applicant's neighbors. Mr. Erwin stated if the Council wanted to provide a continuance of this portion, it will require a majority vote. Councilmember Harnik moved to, by Minute Motion, request reconsideration and continuance of this public hearing to the meeting of March 8, 2012. Motion was seconded by Kroonen and carried by a 3-2 vote, with Benson and Finerty voting NO. Mayor Spiegel stated this item will come back to the Council with a report after staff has spoken to the neighbors on all sides. MR. JEFFORDS stated the investment he made based on staff's word and suggestions, which is all documented and he will subpoena if necessary, he needed to know where he stood in this matter. Mayor Spiegel explained the public hearing was continued to the meeting of March 8, and in the meantime, staff will go out and talk to all the adjacent neighbors and reports to the Council at that time. 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 B. REQUEST FOR APPROVAL OF CHANGES OF ZONE FOR 22 PROPERTIES THROUGHOUT THE CITY IN ACCORDANCE WITH CALIFORNIA STATE LAW TO COINCIDE WITH THE RECENTLY UPDATED 2011 HOUSING ELEMENT, Case No. C/Z 11-493 (City of Palm Desert, Applicant). Assistant Planner Kevin Swartz stated on May 12, 2011, the City Council approved an updated Housing Element as was required by the State of California. The approved Housing Element requires changes of zone to 22 properties, so that the properties are available for development of housing units. He displayed a chart of what the Regional Housing Needs Allocation (RHNA) was for the City for the planning period of 2006-2014; the total number of units needed is 4,586. With the completion of the changes of zone provided in the Housing Element, the City will have sufficient land to accommodate the RHNA requirements for the future planning period. Eight of the 22 properties will be re -zoned to Planned Residential 22 (PR 22) units per acres. These properties are located in the northern section of the City where most of the City's large parcels of undeveloped land are located. He displayed a map with lettered parcels, and explained the property designated letter A will be changed to Planned Community Development, because staff has been in discussion with the developer who is proposing a mix -use project. During a Planning Commission meeting, letter H property ties into 80 acres, which is under the Wonder Palms Master Plan. He said 15 out of the 80 acres has to be allocated for affordable homes, which can be anywhere on that 80 acres. The remaining 13 parcels will be re -zoned to Residential Multi -Family, which is R3; parcels highlighted in blue are on Fred Waring Drive and San Pablo. He said the City is not responsible for the construction of any of these units, and the 4,586 units do not need to be constructed during the 2006-2014 planning period. Housing Element law requires only that the City's has the land to accommodate the units. In this case, the City must complete the changes of zone in orderto meet State law. On a side note, which is not mentioned in the staff report, the properties formerly Redevelopment, if a developer purchases those properties and proposes residential, that number of homes will come off the City's RHNA requirement. Staff recommended approval. Mayor Spiegel declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. SUSAN HARVEY asked if the proposed sites required to be affordable. Ms. Aylaian responded the sites are not required to provide affordable housing just the total number of housing units. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 Councilmember Finerty stated the City is required by RHNA to provide 22 units per acres, and with not many parcels left in the City and with that density requirement, it is highly likely that affordable housing would be part of it. MS. HARVEY asked if there was a magic number to the percentage of all those units that are required by RHNA. She asked if 100% of them are required to be affordable or a mix. Ms. Aylaian responded the numbers worked out to roughly 60% of the units need to be affordable. The metric displayed earlier by Mr. Swartz showed a range somewhere from affordable to low income, very low income, moderate to above moderate income. She said staff couldn't say on any given site that it must have a certain number of affordable units. All one can do is look at the overall picture within the City and say with all of the undeveloped parcels, there needs to be so many units that are affordable. Of those affordable, some need to be low income or very low income, and the rest need to be moderate or above moderate income. There are particular sites that are better suited to affordable housing and staff will try to situate affordable projects or a great number of them on those particular sites. There is nothing that states on any particular site, that the homes there must be affordable. Councilmember Harnik asked if the first people who get in and build will have more of a say on how many units will be affordable, even though the density is what it is. Ms. Aylaian responded that certainly when the City gets to the last few sites there will be less flexibility. However, some of the sites are particularly well suited for affordable if they are next to an elementary school, park, and within walking distance to jobs. Mayor Spiegel asked which property was Ms. Harvey referring to on the map. MS. HARVEY answered property F, stating she was familiar with a school being proposed or planned for that general area, but didn't know the exact location. Ms. Aylaian stated the school and future park is being proposed south of parcel D and east of parcel G. She said parcel G is considered the top ranked site for affordable housing, but staff reviews them on a case by case basis. MS. HARVEY stated with the removal of the Redevelopment agencies, she asked if there was any mechanism in the future for the City to assist or participate with development. 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 Mayor Spiegel said the City didn't know, because it hasn't been decided in Sacramento, and the City was waiting for their decision. With no further public testimony offered, Mayor Spiegel declared the public hearing closed. Councilmember Finerty stated that precisely because the Council didn't know what will happen with Redevelopment, and because she has always been opposed to high density in such a concentrated area, she will be voting NO. Councilmember Benson moved to waive further reading and pass Ordinance No. 1233 to second reading, approving Changes of Zone for 22 properties throughout the City to be consistent with the Housing Element of the General Plan and to accommodate its Regional Housing Needs Allocation (RHNA) obligations. Motion was seconded by Spiegel and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER City Manager Meeting Summaries for the Period of January 18-31, 2012. With City Council concurrence, received and filed the City Manager Meeting Summaries as presented. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None 18 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: None 2. City Council Consideration of Travel Requests and Reports: None 3. City Council Committee Reports: a) CVAG Energy & Environment Committee — Councilmember Finerty reported that the Committee took up the plastic bag issue, determining to table and watch the matter for now. As an aside, she said Supervisor Benoit noted at some point Sacramento may change its attitude toward the issue. During his seven years in the Legislature, several bills were introduced but never moved forward; if one did, he felt Governor Brown would likely sign it. Secondly, with regard to the $53 million associated with the Sentinel Project coming to the Coachella Valley (the Parkway Plan known now as Active Transportation for Walking/Biking/Hiking and NEVs [Neighborhood Electric Vehicles]), plans are to look at perhaps using Measure "A" and grant funds to fill the gap between monies potentially received from AQMD (South Coast Air Quality Management District) and the $98 million approximate cost. The Health Industry is behind the project due to concerns about obesity, and there will be a number of entities submitting RFPs (Request for Proposals) over the next 120 days. Councilmember Harnik noted that another thing that came up related to the project (also known as the One Eleven) is that because it will be one of the first in the nation, it will probably be eligible for a lot of grants. Possibly not much Measure "A" funding will be required due to the innovativeness of the project. Councilmember Finerty added that it is true that Washington, D.C., frowns upon the West Coast's idea of building freeways away from jobs. Therefore, anything advancing the ideas of NEVs, while at the same time being first in the nation, the Federal Government would likely support with grants. But in 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 case that plan doesn't succeed because of the tight economy, Measure "A" was always available. b) Youth Committee — Mayor Pro Tern Kroonen commented that related to the issue of plastic bags, he was pleased to meet with the Youth Committee on Monday evening this week. They have accepted the challenge of giving further study to the plastic bag situation and are about to begin their own survey of opinion on the matter. He encouraged their moving forward on the project, indicating that it may well become a regional issue, but their findings will be helpful. 4. City Council Comments: a) Councilmember Finerty reported on the passing of Mike Schuler, who died of a heart attack earlier in the week. She said he had been very instrumental in building all of the City's Hiking Trails, and people most familiar with the subject said that there was really no one else out there who can build the trails like he did, and he will be sorely missed. 5. Suaaested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Harnik, second by Kroonen, and 5-0 vote of the City Council, Mayor Spiegel adjourned the Regular City Council Meeting at 5:00 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR Kit