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HomeMy WebLinkAboutPreliminary Minutes - City Council 01/12/2012REGULAR MEETING OF THE XIA PALM DESERT CITY COUNCIL JANUARY 26, 2012 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 12, 2012. Rec: Approve as presented. Staff will provide the Minutes as soon as possible - they are still being transcribed - with plans to distribute by Tuesday, January 24. ;?- PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 12, 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 3:00 p.m. City Clerk Rachelle Klassen announced for the record that pursuant to legislation AB 23, Members of the Palm Desert Redevelopment Agency are entitled to receive a stipend as a result of convening the Redevelopment Agency Meeting concurrently with the City Council Meeting. The stipend shall be provided to each Member in attendance as a result of convening the Palm Desert Redevelopment Agency Meeting. Said stipend is $30 per meeting, as set by Section 33114.6 of the Health and Safety Code, not to exceed four meetings per month. 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/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment 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 John Rios, 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 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite Nos. 210 and 222, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Riverside County Economic Development Agency Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. C. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1) AC Massage and Lawrence Andrews v. City of Palm Desert, Riverside County Superior Court, Case No. INC 10005945 On a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tern William R. Kroonen VII. INVOCATION - Councilmember Cindy Finerty Vlll. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. Representatives of Animal Samaritans presented a female pit bull -mix puppy and a young black/white cat, each currently seeking a welcoming adoptive home. The representatives indicated that all local animal shelters are full of pets waiting for adoption, and all public support for their mission is greatly appreciated. Interested members of the public were encouraged to contact Animal Samaritans about the two young animals featured at this meeting, along with the many others they have ready for adoption. With City Council concurrence, Mayor Spiegel suspended the agenda at this point in order to take up Section IX - Awards, Presentations, and Appointments, Items A, B, C, and D. Following those presentations, he resumed the agenda with Section Vill - Oral Communications - B (B). B. MR. BILL CARVER, Upper Way West, Palm Desert, first wished Councilmember Benson congratulations and thanks, stating that during all the years he's worked here, she'd always been supportive of his efforts. Secondly, he felt there was a big problem facing the City now, and he was a greatly concerned citizen due to the State of California's actions that have a drastic effect on Palm Desert, specifically its Redevelopment Agency. He said other agencies are also having this problem, but when he saw that it was not only money that the State was after now but all the properties owned by the Redevelopment Agency, which would be taken away from Palm Desert and given to someone else, he was pretty mad. He was unsure what an individual citizen could do at this point, except to sound the alarm and get people in the City involved in helping the Council to make decisions about how it all should be handled. He compared the situation to working with a drowning man —the State of California drowning —which would pull anyone else down that they could anywhere near them, including all of the Redevelopment Agencies. He didn't personally have an answer but felt there were a lot of people in the City who were very intelligent, particularly about real estate issues, and they could help Council make decisions going forward. He volunteered to help in whatever way he could and hoped his fellow constituents would heed his alarm. Mayor Spiegel thanked Mr. Carver for his remarks and offer to volunteer. 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION BYTHE CITYCOUNCIL, RECOGNIZING JEAN BENSON ON COMPLETION OF HER SIXTH TERM AS MAYOR OF THE CITY OF PALM DESERT: 1988, 1993, 1998, 2003, 2008, AND 2011. On behalf of the City Council, Mayor Spiegel presented Councilmember Benson with an engraved crystal vase filled with a dozen pink roses. The City Council and audience followed with a standing ovation in recognition of her years of service to the City, especially six terms as Mayor. He read aloud the inscription on the crystal vase, "Jean Benson, Mayor of the City of Palm Desert 1988, 1993, 1998, 2003, 2008, and 2011, presented by the City Council, January 12, 2012." He also presented her with a card, including gift card to The Gardens On El Paseo/EI Paseo Village for her to enjoy. Councilmember Benson said it had really been her privilege to represent the City and serve as Mayor those many times, expressing her true love for Palm Desert and noting that she tried to exemplify it in everything she did for the constituents. She was aware that not everyone was pleased all the time, but she and her colleagues try most of the time to please the majority. She expressed heartfelt gratitude for today's recognition. B. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, JANUARY 12, 2012, AS "SERGEANT MISTY REYNOLDS APPRECIATION DAY' IN THE CITY OF PALM DESERT IN RECOGNITION OF HER INVALUABLE CONTRIBUTIONS TO THE 2011 SHOP WITH A COP PROGRAM. On behalf of the City Council, Mayor Spiegel presented Palm Desert Police Administrative Sergeant Reynolds with a framed proclamation and the City's very deep appreciation for her work with this very worthwhile program. Sgt. Reynolds expressed her thanks to the City for its support of the Program, followed by presenting the Council with an 8" x 10" photograph of the Walmart "Shop With a Cop" event in December. C. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, JANUARY 12, 2012, AS "WALMART APPRECIATION DAY" IN THE CITY OF PALM DESERT IN RECOGNITION OF WALMART'S INVALUABLE SUPPORT OF THE 2011 SHOP WITH COP PROGRAM. Mayor Spiegel commented that in years' past, the "Shop With a Cop" Program had worked with Toys R Us in Palm Desert. However, their store left the City in 2011, and one of Palm Desert's great businesses, Walmart, stepped forward to take on the responsibility. On behalf of the City Council, CI PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 he then presented Palm Desert Walmart Store Manager David Murphy with the framed proclamation and expressed the City's heartfelt thanks for his participation in this great event. D. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, JANUARY 12, 2012, AS "CDF FIREFIGHTERS LOCAL 2881/RIVERSIDE COUNTY FIRE APPRECIATION DAY" IN THE CITY OF PALM DESERT TO RECOGNIZE THEIR INVALUABLE CONTRIBUTIONS TO THE 2011 SHOP WITH A FIREFIGHTER PROGRAM. On behalf of the City Council, Mayor Spiegel presented the framed proclamation to Fire Battalion Chief Rios and extended the City's tremendous appreciation for the Firefighters' good work here. Chief Rios thanked the City Council for its support and fortoday's recognition. E. REQUEST FOR APPOINTMENT OF ARLENE AMICK TO THE CITY'S MARKETING COMMITTEE, FULFILLING THE COMMITMENT WITHIN THE LEASE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE PALM SPRINGS ART MUSEUM. Councilmember Finerty moved to, by Minute Motion, appoint Arlene Amick of the Palm Springs Art Museum in Palm Desert to a four-year term on the City of Palm Desert's Marketing Committee (term Jan. 1, 2012 - Dec. 31, 2015). Motion was seconded by Benson. Councilmember Harnik stated the City's protocol for appointing people to serve on a Committee or Commissions included an interview process, and that process was taking place on January 19. She said the Marketing Committee meeting is on January 17, therefore, she would like to continue this item to give Ms. Amick the opportunity to attend that meeting and then go through the interview process. She was certain Ms. Amick was a good candidate as she had reviewed her application and it all appeared to look great. However, she would like to follow the usual policy and procedure. Councilmember Finerty stated if this was the person the Museum would like to have represent them, and the lessee had the right to nominate their own representative as noted in the staff report, she didn't see the need to hold up the appointment. Mayor Spiegel stated every member appointed to the Marketing Committee had been interviewed by the Council, and he thought it was only fair to follow the policy and procedure as suggested by Councilmember Harnik, because it wouldn't affect anything. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 Councilmember Finerty inquired about the next Marketing Committee meeting and noted Ms. Amick would miss a meeting. Councilmember Harnik responded the next meeting was scheduled for January 17, stating Ms. Amick could still attend the meeting and get a feel for it. She said the Council will be making its Committee and Commission appointments at the January 26 City Council meeting, which would be following policy and procedure. Mayor Spiegel asked Ms. Amick if she had any problem with postponing the appointment and having her be interviewed. MS. ARLENE AMICK responded she understood and accepted the invitation to be interviewed. Councilmember Benson said the Council needed to acknowledge that the Palm Springs Art Museum appointed Ms. Amick, and the Council as a courtesy would interview her, but not for appointment, because the City asked them to give us a name. She said the Council was required to honor that appointment, but she had no objection to her meeting the Council. Visitor Center Manager Donna Gomez pointed out the language in the Lease Agreement indicated the Museum can nominate a person, but the ultimate decision lied with the City Council on appointment. Councilmember Benson stated it muddies the water, because the City didn't indicate it in its recruitment, stating the Council only had one name to consider, and if that's the case, the language needed to be corrected. Ms. Gomez responded the Marketing Committee bylaws specifically allowed for a representative from the Art Museum to serve; therefore, a spot is allocated for them. Councilmember Benson stated that would negate going through the Committee selection process. However, if Ms. Amick wanted to attend the Marketing meeting to introduce herself, it would be considered a courtesy. Ms. Gomez noted that one of the requirements prior to being appointed is to attend a meeting. Councilmember Finerty stated this was a different situation where the Council didn't usually have an entity nominate someone. Mayor Pro Tern Kroonen stated there is an option here, which he was not suggesting to exercise, but the Council can either accept or decline the nomination as a matter of fact. However, since this all appeared to be 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 problematic, he suggested tabling this item and bringing it back up at the next City Council meeting. Mayor Spiegel suggested adding Ms. Amick to the interview list of January 19, and Mayor Pro Tem Kroonen concurred. Responding to question, Mr. Erwin confirmed that a motion to table an item took precedence over another motion. Mayor Pro Tern Kroonen moved to, by Minute Motion, table the matter until following the Marketing Committee Meeting on January 17 and the interview process being conducted on January 19, 2012. Motion was seconded by Harnik and carried by a 3-2 vote, with Benson and Finerty voting NO. Mayor Spiegel reiterated the Council will love to have Ms. Amick on the Marketing Committee; however, the Council asked that she attend one Marketing Committee meeting and participate in the interview process on January 19. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of December 8 and December 22, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 126, 130, 131, 134, 138, 139, 142, 143, and 147. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Augusta Restaurant (dated October 26, 2011), 73951 - 73995 El Paseo, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Augusta Restaurant (dated November 14, 2011), 73951 - 73995 El Paseo, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Circle K Store 2709424, 78005 Country Club Drive, Palm Desert. Rec: Receive and file. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Circle K Store 2709481, 75000 Gerald Ford Drive, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fisherman's Landing Bar & Grill, 74855 Country Club Drive, Suite B, Palm Desert. Rec: Receive and file. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meetings of October 19 and November 16, 2011. 2. Parks & Recreation Commission Meeting of November 1, 2011. 3. Public Safety Commission Meeting of November 9, 2011. Rec: Receive and file. REQUEST FOR AUTHORIZATION to Negotiate with High Tech Irrigation for Purchase of Golf Course Irrigation Supplies at Desert Willow Golf Resort for Fiscal Year Ending 2012 (Contract No. C31470). Rec: By Minute Motion: 1) Authorize staff and the Desert Willow Golf Resort to negotiate with High Tech Irrigation, Indio, California, for the purchase of golf course irrigation supplies for FY 2011-2012 in an amount not to exceed the approved budget; 2) determine that golf course irrigation supplies must be sole -sourced; 3) authorize the City Manager to execute said contract — funds are available in Desert Willow Fund 520. J. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract No. C30960 — 2012 Citywide Resurfacing Project (Project No. 752-12B) (Matich Corporation, Inc., Highland, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $34,731 to the subject contract with Matich Corporation, Inc., Highland, California, for additional resurfacing services; 2) authorize transfer of $34,731 from contingency to base for the contract; 3) authorize the Mayor to execute Change Order No. 1; 4) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project — funds are available in Account No. 110-4311-433-3320 - Street Maintenance. F-1 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31140 — Satellite Controllers for Irrigation System at Desert Willow Golf Resort (Formost Construction Company, Murrieta, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR AUTHORIZATION to Renew One-year Lease Agreement with Donna Piszczor, d.b.a. Palm Desert RC Raceway, for Operation of a Remote -controlled Car Racetrack on a Vacant City -owned Parcel Located on Painters Path (Contract No. C29462). Rec: By Minute Motion, authorize the Mayor to execute a one-year Lease Agreement with Donna Piszczor, d.b.a. Palm Desert RC Raceway, La Quinta, California, for operation of a remote -controlled car racetrack on a vacant City -owned parcel located on Painters Path (APN 640-091-010). M. INFORMATIONAL REPORT of Proposed Sculptures for the Eric Johnson Memorial Gardens at the Palm Springs Art Museum in Palm Desert Located at 72-567 Highway 111. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Mayor Spiegel asked that Item M be removed for separate action under Section XI, Consent Items Held Over. Upon a motion by Finerty second by Harnik, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER M. INFORMATIONAL REPORT of Proposed Sculptures for the Eric Johnson Memorial Gardens at the Palm Springs Art Museum in Palm Desert Located at 72-567 Highway 111. Mayor Spiegel stated he wasn't an art expert, but one piece is intended to be placed next to the Visitor Center, which he objected to because he believed the homeless would find it a place they could sleep. He would like for the Museum to replace that piece with something else. MR. DANIELL CORNELL, Deputy Director for Art and Senior Curator at the Palm Springs Art Museum, stated he had the privilege of coming to Palm N PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 Desert almost four years ago with Director Steve Nash when the Art Museum decided to move from being a regional museum with a very fine collection to a museum of national and international import. The reason they were excited about the Palm Desert expansion was because as the Museum had gained international recognition, they wanted to expand their collection and places where they show what the Museum had been able to accomplish. He understood the closer Contemporary Art was to the present, it can often be a challenged, which he wouldn't debate. However, one of the objectives of the Museum in the community is to try to encourage people to understand and appreciate all the various modes of art, not just aesthetic styles, but its significance and importance. He was unsure exactly where Mayor Spiegel's objection lied, but guessed it wasn't clearwhat made the piece a work of art. He said this was the most important pieces of sculpture in the entire Gardens, created by one of the most important artist that the Museum was placing there. He said the artist Donald Judd is recognized internationally as the founder of an art movement from the 60's and 70's called minimalism. Mr. Judd received his degree at Columbia in Philosophy, which led him to begin to write for some of the most important and significant art publications and journals in the world. Mr. Judd became a mentor to other artists who are now recognized as probably the most significant and leading artists of that particular form of art in the 70's. Mr. Cornell went on to provide a lengthy history of Donald Judd's experiences as it related to art and his contributions to the art movements, and how he arrived to the creation of the open and closed box forms. He said in this particular sculpture, every single slab is a single pour of concrete, and they are calculated with incredible precision to an absolute square. He said as the sunlight hits the boxes, the deep shadowing from the outside of the walls begins to play with geometric shapes, which is one of the reasons that Donald and Bettina Bryant, the people who gifted this piece to the Museum, wanted it in Palm Desert. They recognized the intense and beautiful light of the desert, in terms of the way that it would allow these shadows and surfaces to play off each other as the sun went across the sky. He said the box sculpture was really about making people aware of geometry and the way one experiences space. He said the Museum was aware of the issues that are involved with this piece and the homeless community. He said they have worked with their insurance company who was probably more concerned than the City about people camping out in the middle of a multimillion dollar sculpture. He said the Museum worked closely with their insurance to make sure the piece would be protected and preserved. However, he was not the right person to address the security issues, but they have considered them and are concerned as well. Mayor Spiegel thanked Mr. Cornell for his presentation; however, he still objected to the piece. 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 MayorSpiegel moved to, by Minute Motion, approve the proposed sculptures for the Eric Johnson Memorial Gardens with the exception of the Donald Judd sculpture identified as Sculpture No. 1. Motion died for lack of a second. Councilmember Benson stated the City had a protective interest in the Eric Johnson Memorial Gardens and many of the sculptures are off the mark for this garden, with the exception of two or three that would be acceptable. She said the gardens are very dear to the residents and the Council, and those that picked the pieces didn't have a history of what the Eric Johnson Memorial Gardens is all about. She objected to most of the sculptures and felt it should go back to a committee with some Palm Desert residents on it before the Council decides what will go in there. Councilmember Harnik stated art was subjective and some of it was beyond her and some she genuinely appreciated. However, the piece that concerned Mayor Spiegel and the Museum's insurance company, concerned her as well. Additionally, having to cut away concrete to put gravel to discourage skateboarders sounded like an attractive nuisance down the road. She understood it was a minimalist piece, but thought it would fit well with the mid-century modern building downtown in Palm Springs, because that was very linear as well. Mayor Spiegel suggested continuing this item and sending it back to the Art In Public Places (AIPP) Committee. Mayor Pro Tern Kroonen stated the sculptures were presented to the AIPP Committee, they were thoroughly reviewed, and received support for all of them. He said the proposed sculptures came to the Council with the full blessing of the AIPP Committee. Councilmember Finerty noted the AIPP Committee didn't take any formal action but was supportive of the selection. She said everyone knew her position in that she has not always understood a great deal of art and had an issue with recognizable art. She has been voted down many times, but she has learned that the curator is the one that puts the pieces together and the Council needed to rely on the experts in the field, and it was not up to an individual Councilmember to remove one piece and replace with another. Over the years, she has struggled with this but has learned to accept it. Therefore, because of six years of that indoctrination, she felt the Council needed to go along with the experts. However, if a certain piece becomes problematic, then the Council can have another discussion about it, but until that time, she supported the proposed selection. Councilmember Benson stated she appreciated all forms of art and voted for them, but she was looking for the compatibility of this art against the Eric Johnson Gardens and where its being placed. She said if this display were 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 just museum pieces, she would have no objections to any of it, but her objection was on where it is being placed. MR. MICHAEL KINER stated the plan for the Museum is to have an hourly foot patrol through the Gardens from 6:00 p.m. to 6:00 a.m. Patrol will walk through there for 15 minutes every hour all night. He said there will be security cameras installed on all eight pieces and this particular piece will be treated for ani-graffiti. He understood the comment made about the moat to prohibit skateboarders, but it's a common situation at any facility, but more specific to this piece. If the discussion is that this one piece is problematic and needs more discussion, perhaps the rest of the selection can be approved, because there is a time line to get the pieces installed at the same time the facility opens. He wasn't advocating the Council approve a portion of it, but felt he needed to provide the additional information. Mayor Spiegel suggested Mayor Pro Tern Kroonen and Councilmember Benson meet with the curator, review the pieces, and come up with a resolution, and whateverthe subcommittee decided, the Council will support. Councilmember Harnik asked it that would be with the AIPP Committee. Mayor Spiegel responded the AIPP already approved the selection so it wouldn't go back to them. He said the curator will have to meet with Mayor Pro Tern Kroonen and Councilmember Benson in the early part of next week to make a decision and begin installation of the exhibit. Mayor Spiegel moved to, by Minute Motion, receive and file the report, subject to a subcommittee of Councilmember Benson and Mayor Pro Tern Kroonen meeting with the curator to resolve issues with the Exhibition, which can then proceed with installation. Motion was seconded by Benson and carried by a 4-1 vote, with Finerty voting NO. XII. RESOLUTIONS A. RESOLUTION NO. 2012 - 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS RESOLUTION NO. 09-33 - UPDATING THE CITY OF PALM DESERT PARKS AND RECREATION COMMISSION BYLAWS (ARTICLE III: MEMBERSHIP). Mayor Spiegel stated staff was recommending that a representative of the Desert Recreation District (DRD) and The Family YMCA of the Desert attend every Parks and Recreation Commission meeting to provide input on items on the agenda, but not suggesting that they become voting members. Councilmember Finerty stated she would hope a representative from the YMCA would attend given that they are managing the City's Aquatic Center. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 Councilmember Finerty moved to waive further reading and adopt Resolution No. 2012-01. Motion was seconded by Kroonen and carried by a 5-0 vote. XIII. ORDINANCES A. For Introduction: None B. For Adoption: ORDINANCE NO. 1230 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 11.01.120 - PARKS - DUTY TO CARE FOR ANIMALS - OF THE PALM DESERT MUNICIPAL CODE, RELATING TO DOG PARKS. Senior Management Analyst Ryan Stendell reminded the Council that at the December 8 meeting, Councilmember Finerty requested a minor change before adoption of the Ordinance. The outcome from discussions with internal City staff, members of the Animal Samaritans in Riverside County, and Animal Services was that there should be no deviance from using a leash on any dog, because even toy dogs can jump out of arms, and in many jurisdictions you are in violation. Therefore, the recommendation is for the provision to be removed and for all dogs in the parks to be on a leash no matter what the size. Councilmember Finerty asked if staff addressed the issue on the definition of a small animal. Mr. Stendell responded that by removing that provision in the Ordinance, a definition problem no longer existed. Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1230. Motion was seconded by Kroonen and carried by a 5-0 vote. 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 2. URGENCY ORDINANCE NO. 1231 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE PERMITTING OF ROOF DECKS PENDING A STUDY OF ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE, AND DECLARING THE URGENCY THEREOF. Directorof Community Development Lauri Aylaian stated this Urgency Ordinance was before the Council as a result of a request by the City Council. She said an Urgency Ordinance required a four -fifth vote to pass, and if passed, staff will return within 45 days to have a public hearing and consider an Interim Ordinance that can last up to 10% months. At that time, the City will incorporate a prohibition or other development standards on roof decks into the update of the Zoning Ordinance, which will be before the City Council prior to the moratorium expiring. Mayor Pro Tern Kroonen moved to waive further reading and adopt Urgency Ordinance No. 1231. Motion was seconded by Kroonen and carried by a 5-0 vote. Councilmember Benson noted the Council received a letter today from the proponent of the roof deck and an answer from Planning staff said that because the applicant applied prior to adoption of this Urgency Ordinance, he was okayed to construct his rooftop sunroom. She said the Council never had a chance to deny that request and wondered why staff was saying he was entitled to build it. Ms. Aylaian said the gentleman presented his design for a casita that would have a roof deck, which is in plan check now. She deferred to the City Attorney as to whether or not this moratorium would impact that pending application. Mr. Erwin responded since he didn't have a building permit yet, it would impact that pending application and stop it. Ms. Aylaian stated staff will communicate that to the applicant and refund his deposit if requested 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 XIV. NEW BUSINESS A. CONSIDERATION OF A WAIVER OF PALM DESERT MUNICIPAL CODE SECTION 2.52.545 AND AUTHORIZATION FOR STAFF TO RELEASE A REQUEST FOR PROPOSALS FOR A BOUTIQUE HOTEL DEVELOPMENT ON THE CITY'S LARKSPUR HOTEL SITE. Mr. Wohlmuth stated he drafted the staff report as he received a request for a waiver. The current Municipal Code requires a two-year revolving door requirement, which is that after leaving the City of Palm Desert, employees and City officials must wait two years to appear before the City Council on their behalf or a third party's behalf. He received a request from former Councilmember Jim Ferguson to waive that requirement. The Ordinance states the City Manager will make a recommendation to the City Council, which he has done so, which is to waive the two-year requirement; State law was one year. Additionally, he is recommending a draft for Request for Proposal in order receive proposals from any and all interested parties that wish to develop the Larkspur Boutique Hotel site. Mayor Spiegel recalled that Jim Ferguson was on the Council when this two-year requirement was passed and it received a unanimous vote. In fact, he believed Mr. Ferguson took part in putting it together; therefore, why would the Council want to change it. MR. JIM FERGUSON stated in 2004 the developer Mr. William DeLeeuw tried to build a two key, two door hotel along Larrea Street and it inflamed the residents to the point where he was told anywhere but there. He looked at the Larkspur site and met with the residents, Architectural Review, and puts together a first-class, five-star hotel. He got part of his financing from the City and was granted an extra year to get the rest of the financing, which he voted against, because he served on a committee with Mayor Spiegel and the late Richard Kelly looking for hotels, and he couldn't see any possible way that Mr. DeLeeuw could build it. Recently, within the last month, he came across a group that was looking to build a hotel and having learned what he learned by attending conferences and workshops on financing for hotels, having gone through at least half a dozen hotels offers at Desert Willow and other places in the City, and most recently the one on Highway 74, this appeared to be the real deal. He researched the California Government Code and found there is a one-year revolving door policy and the Fair Political Practices Code is also one-year; therefore, he questioned why there was a two -door policy in Palm Desert when there was only one for the rest of the State. It seems the City had two short-term "victimization" situations where the City was at a critical point, but the project manager for the City resigned and then turned around and submitted a Request for Proposal for three times what the City was paying him. The City had to either pay for the extension of time or pay him; therefore, the policy was 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 changed to two years. The second situation was with the Club House at Desert Willow where the contractor was using Spancrete; somebodyworking with us got to the critical point where everything needed to be in place with an 18-month window. That person quit and asked almost five times what the City was paying him. Needless to say in both cases, the City turned down their generous offers. He didn't see any of those parallels in this request, but did see a well -financed builder, which he hoped the City will have an opportunity to meet and see his work. He believed the work would be a Beverly Paseo, because it was that caliber of a hotel. He saw no reason for the two-year period, but with the option of a waiver for circumstances such as this where no one is extorting the City. He made the request to the City Manager for consideration of the waiver and has not spoken to him since. Councilmember Harnik stated when she first read the agenda item, it seemed acceptable and reasonable, but to her knowledge, since the Ordinance was passed in 2004, this issue hadn't come before the City Council, and now a former Councilmember was asking for the exception to the Ordinance. She said she was not here to pass judgment on who has information or didn't have information regarding the City or to second guess the wisdom of the Ordinance, but the intent is clear, which is to avoid creating any conflict of interest or the appearance of impropriety. She said she didn't want to impact anyone's ability to make a living, but ultimately, she was here to act in the best interest of the citizens of Palm Desert, and she didn't think a two-year moratorium was unreasonable. Councilmember Benson stated language was put in the Ordinance that the City Manager could make an exception if he deemed it appropriate. She was on the Council when the two-year requirement was discussed to determine how many years it should wait, because the City had employees retiring and going out consulting aside from the situations Mr. Ferguson mentioned. There were also instances in Building and Code where people were contracting. Therefore, the language was inserted that if an exception came along, the City Manager could grant a waiver, and this was one exception and the only time it's been requested. However, it's being requested prior to any hotel being started and no one is going to extort money from the City to get what they want. She was in favor of granting the waiver, whether it's a Councilmember or developer that might have worked for the City. She believed the rules were clear in the Ordinance that it can be done if it's in the City's best interest, which was the claim with the last hotel that was approved, when the Council was told to move on and forget past rules and regulations. She believed a hotel at this spot has been most desired by the Council over the years, because it was in the heart of El Paseo. Councilmember Finerty stated that as hard as some Councilmembers fought for Rosewood, a boutique hotel, growth, and T.O.T, and wanting new blood and to not think about old ways, she found it amazing there was a change of 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 heart. She believed what's in the best interest of the City is to have a boutique hotel at an appropriate location. She has been consistent in saying that Larrea and Highway 74 were not appropriate locations, but Larkspur is the ideal location. Unfortunately, it didn't come to fruition because of financing, which continues to be the same problem today. She said the Council is aware it needs money to operate the City, and as indicated in the staff report, there is limited flexibility with Redevelopment. She felt the developer is solid and did have money. She understood Wyndham Hotel has already met with staff, and if they want to submit a proposal, that would be fine. She said everyone should be allowed to submit a proposal, because the Council still had the final say with the option to review and make comments. She noted she wasn't on the Council in 2004, so she couldn't speak why it was two years, but if the State required a one-year wait, the Council has already met that obligation. She agreed with Councilmember Benson that this was not fitting the criteria for why the two-year concept was passed. She said besides the City Manager's recommendation, the City Attorney has weighed in as well, and she chose to rely on their recommendation in this instance. Mayor Pro Tem Kroonen stated he tries to put things into simplistic forms, and in this case, it struck him the Council was embarking again on a process which will result in hopefully more than one proposal for utilization of the Larkspur property. He is interested in looking at the merits of the various proposals and it didn't make a lot of difference to him whether it was Jim Ferguson making the presentation or anyone else. He believed the specifics of the proposals is what he will base his decision. He did not feel that he would be prejudiced one direction or another by having a person who is a former member of this Council making the presentation. He is much more focused on the proposal or multiple proposals than he is about excluding anyone from making a presentation. He said he would be in support of staff's recommendation. MR. FERGUSON stated he wanted to make one thing unambiguously clear, which was that he was not accepting any funds from the City to do anything. He is being hired by a third party to put together something for the Council to review, and this wasn't a former employee like he mentioned before that brought about the two-year rule. Councilmember Finerty stated "No harm, no foul." Councilmember Finerty moved to, by Minute Motion: 1) Waive the two-year waiting requirement for releasing a public official, Jim Ferguson, from representing a third party and appearing before the City Council; 2) direct staff to prepare and release a Request for Proposals (RFP) to develop the City -owned Larkspur Property (Contract No. C31480). Motion was seconded by Benson and carried by a 3-2 vote, with Harnik and Spiegel voting NO. 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 B. REQUEST FOR EXTENSION OF CONTRACT NO. C22168 WITH D. W. NICHOLSON, LLC, D.B.A. DESERT BUILDING SERVICES, TO PERFORM JANITORIAL SERVICES FOR THE CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX FOR ONE ADDITIONAL YEAR IN THE AMOUNT OF $73,020. Councilmember Finerty said she appreciated that the amount is the same as last year. Councilmember Finerty moved to, by Minute Motion, approve the subject contract extension with D. W. Nicholson, LLC, d.b.a. Desert Building Services, Rancho Mirage, California, to perform janitorial services at the City of Palm Desert Parkview Office Complex for one additional year in the amount of $73,020, and authorize the Mayor to execute same — funds are available in Fund 510. Motion was seconded by Harnik and carried by a 5-0 vote. C. REQUEST FOR AUTHORIZATION TO PURCHASE FERTILIZERS FROM CROP PRODUCTION SERVICES FOR DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $142,423.95. Redevelopment Manager Martin Alvarez stated approval of this item allowed staff to move forward with the purchase of liquid, solid, and soluble fertilizers for Desert Willow. Responding to question about when the fertilizer is applied, he said application of fertilizer is dictated by the field and soil conditions. Councilmember Finerty added there were different types of fertilizers and it depended upon what one was trying to negate. However, $142,000+ seemed excessive on an as needed basis, because she is used to seeing requests for specific purposes. She asked staff to explain further. Mr. Alvarez responded the amount is what is estimated for the year in the budget. In terms of the details and how the fertilizers are applied, he invited the superintendent to address the sequencing and items required for that process. MR. MIKE TELLIER, Golf Course Superintendent at Desert Willow said the amount is for a whole year program for all the different areas of the golf course. Further responding to questions, he said he used different fertilizers for nutritional needs, and he followed a schedule when fertilizing. Mayor Spiegel noted staff was recommending Crop Production Services; however, the other three bids were for less money, but were found to be nonresponsive. He asked staff to explain. W3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 Mr. Alvarez responded the other three bidders didn't provide the proper documentation or the correct fertilizers in their bids. Further responding, he confirmed Crop Production Services was used before. Councilmember Hamik asked if there was a significant difference in the cost from when Crop Production Services was used before compared to now. MR. TELLIER answered not at this point. Councilmember Harnik moved to, by Minute Motion, authorize purchase of fertilizers in an amount not to exceed $142,423.95 from Crop Production Services, San Jacinto, California, for the Desert Willow Golf Resort — funds are available in Desert Willow Fund 520. Motion was seconded by Kroonen and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF TENANT IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $50,000 FOR SUITE 210 AT THE PARKVIEW OFFICE COMPLEX AND AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT FOR CONSTRUCTION OF SAME; APPROVE REPLACEMENT OF FIVE (5) AIR CONDITIONER (HVAC) UNITS AS NEEDED IN AN AMOUNT NOT TO EXCEED $30,000 FOR SUITE NO.210 AND AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT FOR SAID REPLACEMENT; APPROPRIATE $80,000 FROM THE ENTERPRISE FUND 510 FOR THIS PURPOSE. Councilmember Benson stated she didn't know the City had an Enterprise. Mr. Wohlmuth stated the Parkview Office Complex is an Enterprise Fund. He invited Director of Finance Paul Gibson to describe the improvements and how the Enterprise Fund was established, which continues to fund the improvements to the Parkview Building as well as the maintenance of the Civic Center Park. Mr. Gibson explained that a specific tenant requested further improvements per their Lease Agreement, and this amount is the maximum requested, because the exact figure is unknown until its bid. Further responding, he said Enterprise is a governmental accounting term used when operating like a business, and it is part of the methodology on how the City reports for accounting purposes, because the City dealt with gross leases and expenditures. Councilmember Benson asked if the building had to be in an Enterprise Zone. Mr. Gibson answered no, stating that had no relationship to this tax term. 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 Councilmember Finerty moved to, by Minute Motion: 1) Approve Tenant Improvements in an amount not to exceed $50,000 for Suite No. 210 at the Parkview Office Complex and authorize City Manager to execute a contract for construction of same (Contract No. C31490A); 2) approve replacement of five (5) air conditioner (HVAC) units in an amount not to exceed $30,000 for Suite No. 210 at the Parkview Office Complex and authorize the City Manager to execute a contract for said replacement (Contract No. C31490B); 3) appropriate $80,000 from the Enterprise Fund 510 for this project. Motion was seconded by Harnik and carried by a 5-0 vote. E. CONSIDERATION OF VARIOUS REQUESTS BY THE PALM SPRINGS ART MUSEUM -PALM DESERT (THE GALEN), LOCATED AT 72-567 HIGHWAY 111, SUBJECT TO TERMS OF THE LEASE AGREEMENT AND RELATED TO GRAND OPENING OF THE MUSEUM. Risk Manager Steve Aryan stated the Palm Springs Art Museum -Palm Desert also known as The Galen anticipates an opening date of February/March 2012. He said the requests before the Council are related to that opening as well as the Phase 1 sculpture placement. Two of the requests are related to a security survey undertaken by the insurance underwriters, one of which is the closure of Carriage Lane via removable bollards and the other is cutting out concrete around the Donald Judd sculpture and replaced with a gravel mount to prevent any skateboard usage of stunts. The final request is removal of seven light bollards adjacent to the Judd sculpture and another sculpture that the Museum indicates detracts from the aesthetics of these pieces. Mayor Spiegel asked if these requests part of the initial agreement with the Museum. Mr. Aryan answered no, stating this was part of the analysis done by the underwriters and the Museum. He noted there was no cost outside the terms agreed upon through Lease Agreement to the City associated with these requests. The only cost involved is the transportation and installation of the two art pieces in question that the Museum wants to put in, which is part of the lease agreement. Mr. McCarthy commented that early on in the negotiations there were discussions and requests on the Museum's part to be able to close the Carriage Lane, which was contemplated early on in the process. Councilmember Harnik questioned whether items 2 and 3 could be voted on, because they are connected to agenda item that was tabled earlier. MR. KINER stated the request to close the Carriage Lane not only related to the sculpture that will be going into the Eric Johnson building, but also to the sculptures that are on the property of the Museum and the rear access to the 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 building itself to keep those vehicles from being behind the building, because it's a big insurance issue. As far as the Judd Sculpture, he suggested the Council approve the request subject to whether or not the piece will be installed. Further responding to question relating to Request No. 2, he said the Museum felt removing the bollards will increase the aesthetic experience of the art and make a better connection between the building and the Eric Johnson Gardens; therefore, regardless of which sculptures are installed, this was the Museum's request. Councilmember Harnik moved to, by Minute Motion, approve requests by the Palm Springs Art Museum -Palm Desert to: 1) Install removable, lockable bollards at each end of Carriage Lane located on the east side of the Museum and at the entrances into the Sculpture Garden, including anywalkwaywide enough to accommodate vehicular access, contingent upon final acceptance of the plans and specifications bythe Cityof Palm Desert and Fire Marshal's Office; 2) remove and cap seven light bollards, at no additional cost to the City of Palm Desert, which they indicate will detract from the aesthetics of adjacent sculptures; 3) install a gravel -style moat around the Donald Judd sculpture, at no additional cost to the City of Palm Desert and contingent upon final acceptance of the plans and specifications by the City of Palm Desert; 4) approve the recommendations, contingent upon the Donald Judd sculpture being accepted by the subcommittee. Motion was seconded by Finerty and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF THE 2012 PALM DESERT CENTURY BIKE RIDE AND ALL RELATED ACTIONS THEREFOR. Ms. Riddle stated this request is to approve the 2012 Palm Desert Century Bike Ride. The 2011 event went very well and they would like to get a jump start on the 2012 event. The promoters are asking for approval early so they can start promoting it. Responding to question about the date, she said the 2012 event will be held on November 10, 2012. Mayor Spiegel said it was a good event. Mayor Spiegel moved to, by Minute Motion, approve: 1) The 2012 Palm Desert Century Bike Ride; 2) road closure at University Drive from College Drive East to West; 3) southbound lane closure of College Drive between University and Frank Sinatra Drives; 4) waiver of Section 11.01.140 of the Palm Desert Municipal Code - Amplified Sound; 5) waiver of Section 11.01.180 of the Palm Desert Municipal Code - Prohibited Conduct Generally in City Parks, Item Q - Vendor Sales. Motion was seconded by Harnik and carried by a 5-0 vote. 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 G. CONSIDERATION OF ARTWORK PROPOSAL "WISDOM GIVEN" BY ALEXANDER BASHTA III AS THE PUBLIC ART COMPONENT FOR ORACLE PLAZA, 73-585 FRED WARING DRIVE, PALM DESERT (Oracle Plaza/Shah Family Trust, Applicant). Councilmember Harnik moved to, by Minute Motion, concur with the recommendation of the Art In Public Places Commission and approve proposed artwork, "Wisdom Given" by Alexander Bashta III as the public art component for Oracle Plaza, 73-585 Fred Waring Drive, Palm Desert. Motion was seconded by Kroonen. Mayor Pro Tern Kroonen stated that as the Council representative to the Art In Public Places Commission, he was present for the presentation. He said this was a very interesting and fascinating piece of artwork and believed everyone will enjoy. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. H. REQUEST FOR REMOVAL OF ARTHUR DAVIS FROM THE CITY'S CULTURAL RESOURCES PRESERVATION COMMITTEE. Councilmember Benson moved to, by Minute Motion, remove Arthur Davis from the City's Cultural Resources Preservation Committee (term Dec. 31, 2011), creating a vacancy for anew four-year term (Jan.1, 2012 -Dec. 31, 2015) on the Committee. Motion was seconded by Kroonen and carried by a 5-0 vote. REQUEST FOR POSTPONEMENT OF APPOINTMENTS TO THE CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4 AND THE HOUSING COMMISSION UNTIL FURTHER INFORMATION IS AVAILABLE REGARDING DISSOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY. Councilmember Finerty moved to, by Minute Motion, postpone appointments to the Citizens' Advisory Committee for Project Area No. 4 and the Housing Commission until additional information is available regarding dissolution of the Palm Desert Redevelopment Agency. Motion was seconded by Harnik. Mayor Spiegel stated he believed there were candidates called to be interviewed for one of these two boards on January 19. Ms. Klassen stated staff took that into account, but there was only one candidate that was interested in one of those bodies. Therefore, staff held off on calling that one candidate to see what Council's recommendation/action would be this evening. The other candidates expressed interest in multiple committees so staff went ahead and called them. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 J. REQUEST FOR APPROVAL SUBCOMMITTEE WITH TH E Redevelopment Manager Martin Alvarez stated one of the six major resource areas for the Sustainability Plan is Energy Management. In an effort to unite the City's Energy Management Programs with the sustainability goals, staff recommended merging the Energy Subcommittee and the Citizen's Sustainability Committee in orderto facilitate a comprehensive view of all the City's programs and projects related to energy and provide public participation by the Committee members. Staff also recommended two City Councilmember be appointed to serve as liaisons. Mayor Spiegel asked if it will be the same two Councilmembers presently serving on the Energy Management Committee. Mr. Alvarez said that would be up to the City Council. Councilmember Finerty stated with the Court Case on AB811 and PACE, the City didn't know where that program was going and sometimes the Energy Subcommittee meetings went quite long. She believed the two bodies had different purposes, because when the City wanted a Sustainability Committee, the Council acknowledged there was not a great deal of money to put forward, and the Energy Subcommittee had $15 million set aside to take care of that. Therefore, these two committees had different purposes and different pots of money. She would like to continue this item to a date uncertain until there is a ruling with regard to AB811 and PACE or until the trial date in June 2013 to make a decision. Mayor Pro Tern Kroonen stated his concern regarding this topic has been that under the current organization, there is no public input. He said it was a tradition and is established in various basic documents that Committees/Commissions of the City shall have public representation, and for that reason he would support staff's recommendation. Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Approve merging of the Energy Subcommittee with the City's Citizen's Sustainability Committee; 2) appoint two City Councilmembers to serve as liaisons to the Citizen's Sustainability Committee. Motion was seconded by Harnik. Councilmember Benson disagreed, stating it was mainly because of the two different basic functions of the Committees. She said there was nothing worse than having ten or twelve people sit through something that didn't affect them or have any input; those not participating are wasting their time 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 for more than an hour. She agreed with waiting until the Court decision. However, the Sustainability Committee was meant to be temporary, because once the items in the Sustainability Plan were addressed, the Committee was to be disband. There was also concern for where the funds for the Sustainability Committee would come from to operate, and it's now more of a question. She agreed this item should be continued to a date uncertain. She said this was not a request by either Committee to merge, but more of a staff request in trying to be more efficient. In this case, she thought it was best to leave them alone. Councilmember Harnik stated one of the issues that came up with the Sustainability Committee on the onset is that it was addressing only one thing, yet the Council wants to address all issues having to do with sustainability, which would include environment, energy management, etc., which made perfect sense to merge them. The only thing she questioned was that the Sustainability Committee met quarterly and wondered if that would be enough if the two were to merge. Councilmember Finerty said the Energy Subcommittee met monthly. She proposed that if Mayor Pro Tern Kroonen felt the Committee needed public participation, and with the upcoming Committee/Commission Interviews on January 19, she asked if Mayor Pro Tern Kroonen was open to selecting a few that checked interest in the Sustainability Committee box to serve on the Subcommittee. Mayor Pro Tern Kroonen replied he will certainly look for public participation, but in terms of efficiency and commonality of operations and functions, it made more sense to combine the two as staff recommended. Councilmember Finerty stated the City was dealing with two different money sources. Mayor Pro Tern Kroonen responded he understood, stating the City had a variety of money sources for all Committee/Commissions. Responding to question about having a separate Energy Committee with public members, he reiterated that he supported staff's recommendation. Mayor Spiegel called forthe vote, and the motion carried by a 3-2 vote, with Benson and Finerty voting NO. Councilmember Benson moved to, ,by Minute Motion, appoint Councilmember Finerty and Mayor Pro Tern Kroonen (currently serving on the Energy Committee) to the merged entity. Motion was seconded by Spiegel and carried by a 5-0 vote. 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. This item was considered following Section XVII - Public Hearings, Item B. K. REQUEST FOR DISCUSSION RELATIVE TO ESTABLISHMENT OF AN OPEN SPACE EASEMENT FOR HILLSIDE PRESERVATION ON CITY -OWNED PROPERTIES. Mr. Wohlmuth stated that on Monday of this week, the Council requested this item to be agendized. He said this item is being researched, but staff was uncertain about what were the concerns. He surmised the concerns were that as the City went through the dissolution of the Redevelopment Agency (RDA), that Redevelopment may own property within the hillside, and as an asset, it may have to be sold. The first part of the research is that RDA owns one parcel in the hillside. Staff spoke to Redevelopment Agency Counsel Bill Strausz today about options on that property. Although he will continue to research, it appears a Conservation Easement can be placed on the RDA property, because it's a contract/agreement that would ultimately be null and void as the Redevelopment Agency can enter into those agreements. However, staff is looking into options on that parcel known as the McCormick parcel as well. He said a Conservation Easement can be placed on the other City parcels, but further research is required to identify who would be willing to accept those easements. In the staff report, which was distributed today, he indicated he had discussed this with the Bureau of Land Management (BLM), and they would be interested in future purchases of the hillside parcels where they are adjacent to either BLM parcels or the Santa Rosa San Jacinto National Monument boundary, but contingent upon BLM getting Land and Water Conservation Funds. He has done Conservation Easements with the Centerfor Natural Lands Management in the past, which is an option, but they require an endowment contribution. He spoke to Katie Barrows from Coachella Valley Association of Governments (CVAG) to have her look at The Friends of the Desert Mountains who may consider accepting a Conservation Easement. The purpose of the Conservation Easement is to place an easement on the deed of the property that would require it be maintained open space or habitat in the future as long as that easement sits on the property. He said staff will continue its due diligence to research and see if anybodywould accept a Conservation Easement and howto place one on a Redevelopment owned property. Attached to the staff report is a sample Conservation Easement from the Coachella Valley Conservation Commission Conservation (CVCC) that could easily be modified forthe City's use. He said if there is any direction from the Council or questions, he would try to answer them. 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 Mayor Pro Tern Kroonen stated he had just received the staff information this afternoon and didn't have an opportunity to digest it all, but based on the City Manger's report, it sounded like a complex and complicated issue. Mayor Pro Tern Kroonen moved to continue this item. Councilmember Benson stated the City has been buying this land to protect the hillsides that it should get the best possible insurance to keep it that way. She agreed an easement seemed to be the way to go, and the City should investigate what it needed to do in order to protect those hills that the City is spending top dollars in many cases. She would be supportive in doing anything needed to get an item back on the agenda to ensure the hillsides will be protected. Mayor Pro Tern Kroonen noted he was not opposed to moving in that direction at all, but he just didn't feel there was enough information to make a decision. Councilmember Harnik stated RDA Counsel Bill Strausz needed to get back with more information and staff is continuing its research; therefore, she was in favor of continuing this item. Councilmember Harnik seconded the motion. Mr. Wohlmuth clarified that Mr. Strausz was looking at the one parcel that has Redevelopment on the title. Staff will be looking into the City's properties for options for the Conservation Easement, which is currently allowed under the law. Responding to question about the sample easement attached to the staff report, he said that sample could be used if the City had a third party entity willing to accept that easement. Councilmember Finerty stated that was why she suggested to the City Managerthe Mountains Conservancy, which was not listed in the staff report. Mr. Wohlmuth responded he wasn't sure he asked Katie Barrows that question or that the Mountains Conservancy can accept an easement outside their boundaries. Councilmember Finerty asked that Mr. Wohlmuth speaks to Kevin at the Mountains Conservancy and suggested continuing to the second meeting in February, because she was not comfortable in continuing this item to a date uncertain. Mr. Wohlmuth stated he would be happy to report back to the Council on the success of finding a third party. He didn't know what the Mountains 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 Conservancy consideration period or when their meetings are, but he could report back in the second meeting of February. Mayor Pro Tern Kroonen amended his motion to continue this item to the meeting of February 23, 2012. Motion was seconded by Harnik and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDERS AND ACCEPTANCE OF WORK FOR THE PALM DESERT AQUATIC CENTER (CONTRACT NOS. C29400, C29400A, AND C29400C) (PROJECT NO.722-10) (GOULD EVANS ASSOCIATES, PHOENIX, AZ; ASR CONSTRUCTORS, INC., RIVERSIDE, CA; CONVERSE CONSULTANTS, REDLANDS, CA) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Greenwood stated this was Council's last action in closing out the design and construction contracts on the pool. He pointed out there is a couple of change orders, but the total project cost came within 2.25 percent of the original advertised amount, of which staff was proud. He said this was a very complex project and noted that four staff members went above and beyond in their effort to complete this project. They are City Engineer Bo Chen, Public Works InspectorTerry Cechin, Landscape Inspector Brad Chuck, and Building Inspector Jason Finley. He went onto say this was a cohesive team that the project couldn't have been finished without. Mayor/Chairman Spiegel gave his congratulations. Mayor Pro Tem/Vice Chairman Kroonen moved to, by Minute Motion: 1) Approve Change Order No. 2 to Design Contract No. C29400 with Gould Evans Associates in the amount of $40,000 as a credit for the Palm Desert Aquatic Center Project; 2) approve Change Order No. 1 to Construction Contract No. C29400A with ASR Constructors, Inc., in the amount of $202,127.32; 3) authorize transfer of $202,127.32 from contingency to base for the project; 4) approve Change Order No. 1 to Material Testing Contract No. C29400C with Converse Consultants in the amount of $11,700; 5) authorize transfer of $5,380 from contingency to base and appropriate $6,320 from Account No. 851-4549-454-4001 for the project; 6) authorize the Mayor to execute the subject Change Orders; 7) accept the work as complete and authorize the City Clerk to file a Notice of Completion for Contract No. C29400A with ASR Constructors, Inc. — funds for this project are in Account No. 851-4549-454-4001, Project Area No. 2 - Aquatic Facility Capital Budget; no General Fund money is being used for this expenditure. Motion was seconded by Finerty and carried by a 5-0 vote. 27 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 XVII. PUBLIC HEARINGS A. CITY COUNCIL REVIEW OF PLANNING COMMISSION ACTION, APPROVING AN AMENDMENTTO CONDITIONAL USE PERMIT 96-20 TO OPERATE A RESTAURANT/BAR BETWEEN THE HOURS OF 11:00 A.M. AND MIDNIGHT IN A GENERAL COMMERCIAL ZONE LOCATED AT 73-900 EL PASEO, #2 (NAPAS TAPAS), Case No. CUP 96-20 Amendment #1 / HTE CUP 11-297, (Guillermo D. Avalos, Applicant). Ms. Aylaian stated this case was called up by the City Council. It was heard by the Planning Commission in October 2011 in regards to making modification to the Conditional Use Permit (CUP) issued to Napas Tapas at 73-900 El Paseo. The property is on El Paseo where you can see President's Plaza to the north, El Paseo to the south, and it is surrounded by businesses like L'Affaire Boutique, Spectacular Shades, and Hillis Furs Inc. Originally, the property was issued a CUP for European Wine Bar in 1996. When the current Applicant took over the business in 2006, he was unaware of the terms of the CUP. This case came to the City's attention in June because ABC suspended the liquor license for 15 days for Sale of Liquor to a minor. At that time, representatives from various departments went in and determined there were problems with the occupancy of the building, blocked back door that concerned the Fire Department for access, their business license had expired, and they were operating outside the hours allowed in the existing CUP. They were also lacking an entertainment site plan, which is required for providing entertainment. After several months of working with staff on all the issues identified, the Applicant was able to submit an application to modify their CUP. One of the issues addressed in the staff report deals with calls for service that the Police Department received. Although there were a large number of calls for service, it was not possible to say that the number was extraordinary or the worse case for this particular type of business, because bars did generate a lot of calls for service. The Planning Commission approved a CUP on October 18, and the main conditions applied are the hours of business, presence of security guard, occupancy of the building, which was addressed by figuring out the seat number and/or by the limitation and occupancy. Next was the cleanup of the surrounding premises, and the last condition was entertainment. The original CUP had a few conditions attached to it, but the current one has a great deal more. Originally, the Applicant was allowed to operate from 11:00 a.m. to midnight every day, but they have indicated they may use shorter hours in the summer. However, the bar was open until 2:00 a.m. when the issue was brought to the City's attention. Staff recommended that with tighter controls, they be allowed to be open from 11:00 a.m. until midnight Sunday through Thursdays, and 11:00 a.m. to 2:00 a.m. Saturday and Sunday. However, the Planning Commission wanted greater restrictions and recommended they are limited to midnight every day. The original CUP had PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 no requirements for security guards of any type, but both staff and Planning Commission felt it would be appropriate to have a security guard assigned to the premises to better control patrons and crowds, and the propensity for over serving of alcohol. Most importantly for what went outside the premises when people spilled out into the parking lot on President's Plaza side or out into the street on El Paseo. Therefore, staff recommended that a licensed independent security guard be provided between the hours of midnight and 2:00 a.m. on the two nights a week, and the Planning Commission recommended the security guard be there from 10:00 p.m. to their recommended closing time of midnight. The importance of having an independent security guard is to avoid having a bouncer who then helps serve drinks when shorthanded. This individual should have no other commitments, obligations, or responsibilities, other the focused ones. With regard to occupancy, the original CUP only allowed for 30 seats. Staff was uncomfortable giving a numberof seats, because if everyone is standing, the place could be packed and still technically only have 30 seats. Staff spoke with the City's building official and determined that 44 be the occupancy for the interior. Staff suggested up to twelve seats on the patio outside, but the interior occupancy was set at 44. She noted clean up wasn't addressed in the initial CUP, but in going through this process, there were a number of complaints from surrounding business owners regarding the damage or debris left behind as people would spill out onto President's Plaza and El Paseo. There were reports of people vomiting, urinating, and leaving debris, cigarette buds, and bottles behind. Staff required in the CUP that a clean up detail be assigned within 30 minutes of closing of the business each night. The Applicant is to clear any debris 100 feet from the entrance to the premises, which is a further than just the surrounding businesses, because beer bottles in the medians had been reported. Finally, in terms of entertainment, the original permit specifically prohibited outdoor entertainment. Since the original CUP was issued, the City had a new Ordinance for providing entertainment at establishments such as this one, which requires an application for an Entertainment Site Plan. However, staff would not consider allowing outside entertainment, because it's inappropriate at this location, but with appropriate constraints, some entertainment can be allowed like karaoke in the interior. Since the CUP was publicly noticed, staff received three letters of concern, which might not have made it into the Council's packet. Some of them were from neighboring business owners who remarked about incidents of people urinating on nearby artwork that had been damaged, usage of vulgar language by some of the patrons, and they urged greater control of the patrons. She noted the Applicant was present this evening to address the issues. Mayor Spiegel declared the public hearing open and invited anyone who wished to come forward to speak on the matter to do so at this time. 29 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 MS. JEANNE AKIN stated she was the owner of Hillis Furs Inc., and the building was directly next to Napas Tapas, 73910 El Paseo; she has been in business in Palm Desert for more than 36 years. Prior to the current owner taking over Napas Tapas, it was delightful and wonderful. She noted she had a very upscale clientele as she sold fur and leather, her clientele is international that some fly in for a fitting and/or it's constructed right on the spot. She said she made her business by catering to her clients by working late hours to meet their needs. She went on to say there have been many confrontations with the current owner in trying to alleviate all the situations that have occurred, but nothing has been compromised or worked on. It has reached a point where her clients prefer walking through Spectacular Shades to avoid going through Napas Tapas. She faxed a letter to the City on October 18, 2011, because she was in Los Angeles. She said it was her understanding that someone claimed she lived or stayed over at her store, which was totally false, stating that when she puts in 17 or 18 hours, she either calls a cab or has her finance pick her up. So she can understand that it may appear she is staying over night, because her vehicle sits there all night. She said someone from the City came out to inspect the property as a result of this false allegation. She said Napas Tapas has deteriorated that it has made it for a very difficult situation. MR. RONALD DON (sp?) stated he was Jeanne Akin's finance. He said he's been at the store with Ms. Akins on many occasions, and he has assisted her in cleaning up the mess. He said if this mess was to occur at any Councilmembers place of business or residence, they wouldn't put up with it for any length of time. MR. RAMON VEGA, Manager and Owner of Napas Tapas, stated three months ago he took over managing Napas Tapas. He agreed that prior to him managing the place there was complaints, but didn't think there were any recent ones, because all his employees are trying to keep the place clean. He said his business has deteriorated, because his business hours were changed from closing at 2:00 a.m. to midnight. He said at the close of business, he details the area for trash all the way from Bank of America to the back. He said he was trying to improve his building and place and asked the Council to give him a chance to do better than his partner Guillermo. Councilmember Benson stated she called up this case for two reasons, one was on the operating conditions of Napas Tapas, and the otherwas because she was appalled that something like this was allowed to go on for four years for not checking the business license. She learned from the Finance Director that he didn't have the staff to check on business licenses, and she didn't know how many more might be in arrears that the City could be missing money. Years ago, the City had a dedicated person checking business licenses, and the system worked very well. She said the City needed to hire someone on a contract basis to check business licenses to bring them up to 30 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 date. Secondly, with regards to Napas Tapas, she didn't know why the neighbors put up with it so long, and they are correct to say that no other business would go to work every morning and have to clean up vomit, cans, and other debris from the front of their store. She is appalled that the City would let something like that go on this long. She said Napas Tapas was allowed to stay open until 2:00 a.m., without a liquor license, and didn't know if they now had one. She said they should close at midnight until they earn the right to be open later and show the neighbors in good faith that they are operating an upscale establishment. Councilmember Harnik asked Ms. Akins if she had noticed a difference in the past three months. Ms. Akins indicated she had not. Councilmember Harnik stated the occupancy issue was a dangerous building and fire situation, the Applicant served liquor to underage people, there was noncompliance to the CUP, and it operated on an expired business license. She questioned what else did the Council need, but did acknowledge that Mr. Vegas comments sound sincere. She suggested going back to the original CUP to see if the Applicant can comply with that CUP for six months, because she couldn't support expanding something that hadn't worked thus fa r. Councilmember Finerty asked what was Councilmember Hamik's recommendation on the security guard, because the Planning Commission asked for a security guard from 10:00 p.m. to midnight. Councilmember Harnik supported the Planning Commission's decision. She went on to say she was a business supporter, but felt this was unsafe for the community. Councilmember Finerty pointed out the Planning Commission did not address the number of seats; therefore, the seat number is 30. Councilmember Harnik responded she would be comfortable with the occupancy being 44. Responding to question, Ms. Aylaian said the occupancy is determined by the Building Official who reviewed the plans that were provided, which showed some furnishings, but not enough information for a calculation he was completely comfortable. However, based on what was submitted, his determination was that no more than 44 people should occupy the premises. The Fire Department was primarily concerned with the blocked back access, which was corrected and resolved quickly. 31 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 Councilmember Finerty suggested asking the Applicant for the proper submittal in order to determine the proper occupancy. Mr. Grance stated the Applicant didn't provide enough information for seating. In fact, they showed no seating except at the bar, but from talking to the Fire Department who did an on -site inspection, they said there were some couches in there. Therefore, he calculated the occupant load based on the Building Code, which is 15 square foot per person. Councilmember Finerty asked why would the City accept something that wasn't complete or accurate. Mr. Grance stated those were some of his initial comments that additional information was needed, but nothing was ever resubmitted. Councilmember Finerty asked Councilmember Harnik if she would agree to continuing this item until proper documentation is submitted and putting the Planning Commission's recommendation in place with the security guard from 10:00 p.m. to midnight, going back to the original CUP with the limit seating at 30, until such time the City received a proper submittal of what is actually there so the Fire and Building Department can weigh in. Councilmember Harnik asked if the specifics on occupancy the only thing missing. Mr. Grance responded he needed the specific of the furnishings for seating, because the only seating indicated was adjacent to the bar, which were bar stools. Further responding, he said on the field the Fire Department reported seeing couches, but they were not shown on the plan. Mayor Spiegel stated that if Napas Tapas was taken back to the original CUP to only serving wine and beer and the hours of operation are cut down to midnight, he believed there wouldn't be many problems. Mr. Erwin stated he wasn't certain the Council can control the alcoholic service, since that is permission exclusive from ABC. However, the Council can make a recommendation to ABC. Mayor Pro Tern Kroonen stated his fundamental thought is to place some sort of restriction or trial zone with a time limit on whatever is decided. His inclination was to go ahead with staff recommendation with the application for one, two, or six months, to give the folks an opportunity to clean up the act. Councilmember Benson responded this case went to the Planning Commission in October, it was now January, and there hasn't been any 32 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 improvement in more than three months. She agreed to go back to the original CUP to only serving wine and beer and address the hours of operation. Mr. Erwin reiterated the Council can make a request to ABC, because they are the ones that controlled alcoholic beverage service, but the hours of operation can certainly be controlled by the Council. Councilmember Harnik asked if the original license from ABC was for beer and wine, and yet liquor was being served. Mr. Erwin answered no, stating that might have been the original license, because other licenses have been issued in the interim period. Ms. Aylaian agreed, stating the City Council approved a Letter of Necessity and Convenience, which allowed the Applicant to sell liquor in 2006 when the current Applicant or current business owner took over, but it was not changed on the CUP. Councilmember Benson asked if the Applicant have a Liquor License the years he was without a City Business License. Ms. Aylaian answered yes. Mayor Spiegel made a set of recommendations, and after debating back and forth the issue of occupancy versus seating, it was decided that the occupancy would be decided by the Building Official contingent upon additional information provided by the Applicant. Mayor Spiegel moved to, by Minute Motion, waive further reading and adopt Resolution No. 2012 -02, upholding the Planning Commission Action to approve an amendment to Conditional Use Permit 96-20 to operate a restaurant/bar with the following amended/additional conditions: 1) Hours of 11:00 a.m. to 12:00 a.m. (Midnight) daily; 2) provision of an independent security guard each night from 10:00 p.m. to 12:00 a.m.; 3) appropriate occupancy to be determined by the Building Official to his satisfaction and that of the Fire Marshal's Office, after Applicant's provision of additional information within two weeks regarding a seating plan, including furnishings; 4) clean-up nightly within 100 feet of the entrance to the establishment; 5) prohibition of outdoor entertainment. Motion was seconded by Finerty and carried by a 5-0 vote. Councilmember Benson asked why couldn't someone be hired to check on business licenses to make sure there are no others in arrears. Mayor Spiegel asked if this type of situation happen when it had more staff. 33 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 Mr. Gibson responded back when the Code Department included Business License, they had staff specifically designed to go out to all the businesses on a monthly and weekly basis. Since the two divisions were split, the City didn't have that occurring. However, once a year Code went out and tried to survey everyone, but it was not a guarantee that it would catch everybody. Ms. Aylaian added that in past years, the Code Department made complete sweeps through the business areas checking for business licenses, but the Department had been short staffed and there has been a hiring freeze. Therefore, the checking of business licenses had not happened in two years. Councilmember Harnik noted the Applicant was four years in arrears, so obviously some fall through the cracks. Ms. Aylaian added that prior to the two years and with the growing workload, only some sections of town would be covered. Mayor Spiegel asked if the City could contract to specifically check business licenses. Ms. Aylaian answered yes. Mayor Pro Tern Kroonen stated he believed Councilmember Benson's concerns are shared bythe Council; therefore, he asked that staff review and return underthe provisions of its suggestions at the next Council agenda with a recommendation as to how to address this issue. Councilmember Finerty stated renewal of business licenses had a fee attached, therefore, if the fee isn't paid, wouldn't that be a red flag. Ms. Aylaian responded in this instance, as is typical, if there is no response to the first notice, a second letter is sent out. If there still isn't a response, a third letter went out registered or certified mail that requires it be signed. In this case, the letter was returned by the post office as not being deliverable, which the License Department took to mean that the business had closed. Councilmember Finerty stated the City will learn for that situation and not assume the business is closed. Ms. Aylaian and Mr. Gibson concurred. Mr. Wohlmuth commented that staff has a proposal (White Paper) from Community Development to address the needs in Code Compliance. This discussion was intended for consideration during the Mid -year Budget Review sometime in February. Responding to question, he said budget allocations would be required to meet the need; therefore, he asked to bring it forward with the Mid -year 2011-2012 Budget. Councilmembers concurred this would be appropriate. 34 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 B. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM COMMUNITY COMMERCIAL, RESIDENTIAL LOW DENSITY, AND OFFICE PROFESSIONAL TO RESIDENTIAL HIGH DENSITY; CHANGE OF ZONE FROM PLANNED COMMERCIAL DISTRICT, SINGLE-FAMILY RESIDENTIAL 9,000, AND OFFICE PROFESSIONAL TO PLANNED RESIDENTIAL, 16 UNITS PER GROSS ACRE; PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION AND OPERATION OF A 73-UNIT, SENIOR LIVING, AFFORDABLE HOUSING PROJECT KNOWN AS CARLOS ORTEGA VILLAS LOCATED WEST OF WASHINGTON STREET AND SOUTH OF AVENUE OF THE STATES; TENTATIVE PARCEL MAP TO SUBDIVIDE APNs 637-071-002, 637-170-003, 637-170-004, AND 637-170-007 INTO THREE NEWLY CONFIGURED PARCELS; APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITYACT (CEQA), Case Nos. GPA, C/Z, PP 11-200/TPM 36363, (City of Palm Desert, Applicant). Ms. Aylaian stated staff recommended this item be continued to allow the Riverside County Airport Land Use Authority Commission an opportunity to weigh in. Mayor Spiegel declared the public hearing open and invited public testimony on this matter. With no public testimony offered, he declared the public hearing closed. Councilmember Finerty moved to, by Minute Motion, continue this matter to a date uncertain. Motion was seconded by Kroonen and carried by a 5-0 vote. XVII1. REPORTS AND REMARKS A. CITY MANAGER City Manager Meeting Summaries for the Period November 30,2011 - January 3, 2012. Rec: Receive and file. With City Council concurrence, the Meeting Summaries were received and filed. 35 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 2. Redevelopment Transition Team (RTT) Mr. Wohimuth reported RTT held its first meeting today that included Redevelopment Agency Counsel Bill Strausz, and staff discussed many issues with him. He explained that the Team was established to look at how the California Redevelopment Dissolution Act affects the City of Palm Desert, how it can move forward, and what options exist relative to potential legislative remedies or addressing Palm Desert's specific concerns. He said the Team would meet weekly for at least the next six to eight weeks in order to go through and understand ABx 1 26 (Redevelopment Dissolution), which was found to be constitutional by the California Supreme Court. The Team would continue working through the law and provide updates at each future City Council Meeting as more is learned about impacts to the City and how to resolve them. B. CITY ATTORNEY None C. CITY CLERK Announcement of City Council Study Session to Conduct Interviews of Committee/Commission Applicants - Thursday, January 19, 2012, Beginning at 8:00 a.m. in the Administrative Conference Room. 2. Announcement of City Council Study Session Regarding Desert Willow Marketing Plan, Thursday, January 26, 2012, at 2:00 p.m., Administrative Conference Room. 3. Announcement of Joint City Council -Housing Commission Study Session and Tourof Housing Authority Properties, Friday, January27, 2012, 8:30 a.m. - Beginning at Civic Center with a Briefing, Followed by the Bus Tour. Councilmembers took note of the three upcoming Study Sessions. D. PUBLIC SAFETY Fire Department f= 111IFEV PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 2. Police Department ►IR•1T E. MAYOR AND MEMBERS OF THE CITY COUNCIL City Council Requests for Action: None 2. City Council Consideration of Travel Requests and Reports: None 3. City Council Committee Reports: a) Riverside County Transportation Commission — Councilmember Harnik stated that RCTC has a subcommittee analyzing transportation needs of the disabled and senior community that may not have its own personal transportation in the Coachella Valley. She said the subcommittee was moving along with its work. b) CVAG Transportation Committee — Mayor Pro Tern Kroonen reported that the Neighborhood Electric Vehicle Planning Process for new bicycle and pedestrian trails along the Whitewater River, being spearheaded by Fourth District County Supervisor Benoit, was also moving along. He said discussions were continuing to take place at the Committee Meetings, as well as other places. He felt it was a very exciting project and hoped it would come to fruition. Responding to question, he didn't think there was any challenge that was insurmountable. c) CVAG Energy & Environment Committee — Councilmember Finerty said at today's Committee Meeting she received the same briefing on the Neighborhood Electric Vehicle Planning Process, and the concern there was about where the other 40% of funds to be allocated would be spent. She noted that the City of Coachella felt it deserved the lion's share. 37 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 4. City Council Comments: a) Sister Cities — Mayor Spiegel said this afternoon he and Mr. Wohlmuth met with Stu Wells, Mayor of the City of Osoyoos, British Columbia, Canada, which used to be one of Palm Desert's Sister Cities. He said Mr. Wells felt there was now enough support on his city council to re-establish the Sister City relationship. Therefore, it was suggested that Osoyoos replicate Palm Desert by forming an organization separate from the Council that maintained the Sister Cities Program to keep it going. He recalled for his colleagues that the Palm Desert-Osoyoos relationship was terminated after a new council was elected there that wasn't interested in it. Mr. Wells was advised that if they once again have enough people interested in Sister Cities, forming the separate organization would be advantageous. b) Council Meeting Broadcasts — Councilmember Harnik reminded everyone that Council Meetings are now being televised. 5. Suggested Items for Future City Council Meeting Agendas: a) Business License Compliance — Mayor Pro Tern Kroonen asked staff to review the concerns raised at this meeting regarding the need for an annual comprehensive check of Business Licenses in the City (see additional discussion under Section XVII - Public Hearings, Item A) and provide a recommendation about how to address the need for this compliance check with additional staff or contracted services. Mr. Wohlmuth commented that staff has a proposal (White Paper) from Community Development to address the needs in Code Compliance. This discussion was intended for consideration during the Mid -year Budget Review sometime in February. Responding to question, he said budget allocations would be required to meet the need; therefore, he asked to bring it forward with the Mid -year 2011-2012 Budget. Councilmembers concurred this would be appropriate. KK PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2012 b) Holiday Decorations — Mayor Spiegel asked to agendize sometime in the future a look at the City's Holiday Decorations to enhance them for next year's budget. Compared to some of the other cities in the Valley, he felt Palm Desert's were lacking. Councilmember Harnik asked about eliminating the blue tree. Councilmember Finerty noted she made the same recommendation last year and was told the decorations were fine, so she agreed with the Mayor's request today. She also didn't care for the white reindeer decorations. Mayor Spiegel added that he felt the City should do more decorating on both El Paseo and Highway 111. XIX. ADJOURNMENT Upon a motion by Finerty, second by Harnik, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting at 6:20 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK ROBERTA A. SPIEGEL, MAYOR 0