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HomeMy WebLinkAboutPrelim - CC - 03-13-2014 ' � � PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 13, 2014 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Tanner convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilmember Jan C. Harnik arrived at 3:05 p.m. Councilman Robert A. Spiegel arrived at 3:13 p.m. Mayor Pro Tem Susan Marie Weber Mayor Van G. Tanner Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic 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 Larry Sherman,Admin.Sgt., Palm Desert Police/Riverside Co.Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None Upon a motion by Benson, second by Weber, and 3-0 vote of the City Council (AYES: Benson, Weber, and Tanner; NOES: None; ABSENT: Harnik and Spiegel), Mayor Tanner adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 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(d)(2): Number of potential cases: 2 B. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager 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 potential to initiate litigation pursuant to Government Code Section 54956.9(d)(4): Number of potential cases: 1 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FR�M CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA- Palm Desert Youth Committee Member Cory Hutchinson VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MS. CAROLE BAILEY, representing Desert Sands Teachers Association, Palm Desert, CA, addressed City Council about teacher and student safety as it related to Palm Desert Middle School fields. She acknowledged three teachers in the audience with her today that she represented, adding that they were ultimately representing the students they all serve. She related they currently have a problem with the fields that are leased by the City at Palm Desert Middle School, pointing out that the City and Middle School have a wonderful working relationship for the fields, and it was not at question today. However,there was an issue of student safety she did want to raise. She said right now there is mowing occurring on those fields during the school day with students present and while teachers are trying to teach, and the drivers are operating the mowers very recklessly. Further, debris is being thrown from the mowers toward students and teachers, in addition to the issue of 2 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 air quality. She said the concern was previously brought forward to the City Manager without resolution,which is the reason she was before City Council today. She stated the answer they've received so far is that it's a contractual issue and would cost too much money to change the contract for mowers to come either after the school day or on weekends, and her group felt that was not appropriate. She said it was very important for everyone to keep student safety in the forefront—for the Physical Education teachers,that field is their classroom during the school day. She added that their number one priority, besides educating, is student safety, and it's being compromised at this point. She said they were asking City Council to look into the matter and, hopefully, resolve it to avoid a tragedy at Palm Desert Middle School. In answer to Mayor Tanner's request that staff to look into the potential for rescheduling the mowing, Mr. Greenwood answered that they were doing so. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MARCH 13, 2014, AS "FRED JANDT DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Tanner presented the proclamation to Dr. Jandt, celebrating his 30+-year career with California State University, San Bernardino, including serving as Dean of its Palm Desert Campus since 2003, and congratulating him on his retirement this past January 31. Dr. Jandt graciously accepted, noting that the recognition has a great deal of ineaning for him and was sincerely appreciated. B. PRESENTATION OF UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER CORY HUTCHINSON. Mr. Hutchinson provided an update on recent and future Youth Committee activities,including February's interactive presentation on bullying to students of Carter Elementary's After School Program. Another such interactive presentation will be given to students at Lincoln Elementary School in April. He went on to report that in March,Youth Committee Members held a Youth- Senior Technology Event at The Fountains at the Carlotta in an effort to provide needed assistance to the residents with their devices, such as phones and iPads. In April, he said the Committee plans to work with Atria Palm Desert on other inter-generational activities, such as a Game Night and possibly a special project of recording an interview with a World War II Veteran for the Library of Congress. He said they'll be holding a Car Wash Fund-raiser to benefit the Palm Desert High School Foundation, with a request to designate all proceeds raised to the Jill Grant Memorial 3 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 Scholarship Fund. Finally, he said the Palm Desert Youth Committee website is up and running and can be found at: pdyouthcommittee.org. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 27, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 172, 173, 177, 178, and 182. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for November 2013 and December 2013 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bobby Mao's Chinese Kitchen & Bar, 72840 Highway 111, Suite W400, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of November 26, 2013. 2. Youth Committee Meeting of February 3, 2014. Rec: Receive and file. F. REQUEST FOR AUTHORIZATION to Submit an Application for Recertification of Palm Desert's "Tree City USA" Designation. Rec: By Minute Motion, authorize: 1) Staff to submit an application for recertification to the State Forester for the City to maintain the "Tree City USA" designation; 2) Mayor to execute the application. 4 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 G. REQUEST FOR AUTHORIZATION to Advertise, Call for Bids, and Approve Payment of Fees to Coachella Valley Water District (CVWD) for the Landscaping of Monterey Avenue Medians from Country Club Drive to Dick Kelly Drive (Contract No. C33360, Project No. 965-11). Rec: By Minute Motion: 1)Authorize the City Clerk to advertise and call for bids for the subject Landscaping of Monterey Avenue from Country Club Drive to Dick Kelly Drive; 2)authorize payment of$36,616.21 in fees to CVWD in conjunction with the subject project; 3) direct reimbursement from the City of Rancho Mirage for the landscape installation of this project to the Capital Reserve Landscape Fund — funds are available for the project in Account No. 400-4614-433-4001-Landscape Capital Reserve. H. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C32160 - Landscape Maintenance Area No. 1 (LMA No. 1) (Project No. 901-12). Rec: By Minute Motion, approve Amendment No. 1 to the subject contract with Vintage Associates, Inc., Bermuda Dunes, California, to reduce the contract amount by($2,250)for LMA No. 1 —funds are available in General Fund Account No. 110-4611-453-3320 - R/M Landscape Services. I. REQUEST FOR APPROVAL of the Performing Arts Contract and Pyro Spectaculars Fireworks Display Contract in Conjunction with Palm Desert's 2014 Independence Day Celebration. Rec: By Minute Motion, approve/authorize the following related to Palm Desert's 2014 Independence Day Celebration: 1) Approve Contract No. C33380A with Pyro Spectaculars by Souza in the amount of $36,000 for professional staff, pyrotechnic supplies, and services;2)approve Contract No. C33380B with Swing Cats Big Band in the amount of $3,650 to provide instrumental and vocal entertainment; 3) City Manager to approve expenditure with Studio Instrument Rentals (SIR), Palm Springs, California, for concert professional staff, instrumental equipment, sound, and/or lighting in conjunction with the concert; 4) preapproval of line item for FY 2014- 2015 Budget for this event; 5) Mayor to sign subject contracts—funds are available in Account No. 110-4416-414-3061. J. REQUEST FOR AUTHORIZATION to Release Security for the EI Paseo Collection North Project (EI Paseo Collection North, Applicant). Rec: By Minute Motion, authorize release of the security for improvements on the EI Paseo Collection North Project. 5 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 K. REQUEST FOR AUTHORIZATION to Release SecurityforThe Gardens On EI Paseo Project (The Gardens On EI Paseo, LLC, Applicant). Rec: By Minute Motion, authorize release of the security for improvements on The Gardens On EI Paseo Project. Upon a motion by Spiegel, second by Harnik, and 5-0 vote of the City Council (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None), the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS NOTE: The following item,A,was listed on an Agenda Addendum posted at least 72 hours prior to the meeting, indicating that it should have been listed as a Public Hearing. At this point in the agenda,the item was deferred until Section XVII-Public Hearings, becoming Item D there. Please see that portion of the minutes for testimony, discussion, and action. A. RESOLUTION NO. 2014 - 15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO REMOVE CONDITION OFAPPROVAL NO.9,WHICH REQUIREDTHE DEVELOPER TO ENTER INTO A HOUSING AGREEMENT WITH THE CITY OF PALM DESERT FOR PRECISE PLAN/CONDITIONAL USE PERMIT NO. 05-22 AND TENTATIVE TRACT NO. 34179, AND AUTHORIZE THE MAYOR TO EXECUTE THE RELEASE OF THE EXISTING HOUSING AGREEMENT BETWEEN THE CITY AND THE DEVELOPER, Case No. PP 14-010 (GID Monterey, LLC, Applicant). Please see Section XVII - Public Hearings, Item D (page 19). 6 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 B. RESOLUTION NO. 2014 - 16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PERMANENT EXEMPTION,AS PROVIDED FOR IN SECTIONS 24.16.055 AND 24.16.110 OF THE PALM DESERT MUNICIPAL CODE, TO ALLOW LIGHT-EMITTING DIODE (L.E.D.) PARKING LOT LIGHT FIXTURES IN PLACE OF HIGH-PRESSURE SODIUM LIGHT FIXTURES AT DESERT CROSSING CENTER ON THE CORNER OF PAINTERS PATH AND HIGHWAY 111, AND AT THE ALBERTSON'S SHOPPING CENTER ON THE CORNER OF DEEP CANYON DRIVE AND HIGHWAY 111. Principal Planner Tony Bagato said the subject item represented an exception to the City's Outdoor Lighting Ordinance. Currently,that regulation doesn't allow LED lighting for parking lot applications; generally, nothing but high-pressure sodium lighting is allowed today. After working with an electrical engineering consultant, staff is working on an ordinance to allow LED lighting because it's more energy efficient. He said two applicants recently came forward, Albertson's and Desert Crossing, to seek an exception today while the City is still creating the new ordinance. Staff recommends approval, and he noted that a representative from Desert Crossing was in attendance today in support of the request. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2014-16. Motion was seconded by Weber and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION OF THE CITY OF PALM DESERT'S PARTICIPATION WITH THE COUNTY OF RIVERSIDE IN A HOME FUNDING CONSORTIUM AND APPROVAL OF THE AGREEMENT RELATING THERETO (CONTRACT NO. C33390). Ms. Moore stated that Riverside County approached the City several months ago to ask if it would be interested in participating in a Consortium for Home Funding. She said the Consortium would be comprised of cities that do not otherwise meet the threshold to apply for funding themselves, but when 7 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 added together,they do. Today she was informed that the City Attorney had made some changes to the County's requested agreement, but they have not yet confirmed acceptance. Therefore, she asked, if it was Council's intent to approve the request, that it be subject to the City Attorney finalizing the agreement to his satisfaction. In response to question whether or not the item should be continued instead of approving it subject to City Attorney's changes to the agreement, she said the County was working within a certain time line. Mr. Erwin said staff would suggest that the Council go ahead and approve the request, and then whatever minor changes were needed could be made. Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 2014 - 17, authorizing the City's participation with County of Riverside in a HOME Consortium and approving the HOME Consortium Agreement, substantially as to form; 2) by Minute Motion, authorize the City Manager and City Attorney to finalize the Agreement, and the Mayor to execute the HOME Consortium Agreement. Motion was seconded by Benson and carried by 5-0 vote(AYES: Benson, Harnik, Spiegel,Weber, and Tanner; NOES: None). B. REQUEST FOR AUTHORIZATION FOR CITY MANAGER TO SIGN THE COVER LETTER AND DIRECTOR OF PUBLIC WORKS TO SIGN AND SUBMIT THE APPLICATION FOR MAP 21 CONGESTION MITIGATION AND AIR QUALITY FUNDS (CMAQ) FOR THE CITYWIDE ADVANCED TRANSPORTATION MANAGEMENT SYSTEM PROJECT. Mr. Greenwood noted staff became aware of a Federal grant opportunity and believes that program managers favor this type of project-traffic signal coordination and central control projects. He added that the Cities of Rancho Mirage and La Quinta are both applying for similar grants for similar projects. Palm Desert's project is approximately $800,000. He said a little over$700,000 would be reimbursed by the grant, and the City would cover the near $100,000 balance from Measure "A" money — no impact to the General Fund. Councilmember Harnik said she didn't think any community member would be opposed to having their traffic signals coordinated throughout the Coachella Valley and thought this was a great idea. Councilman Spiegel agreed. Councilmember Harnik moved to, by Minute Motion: 1) Authorize City Manager to sign cover letter for the CMAQ Funding Application; 2) authorize Director of Public Works to sign and submit the CMAQ Funding Application; 3)if awarded funding, commit to a local agency match amount of$92,000 for the Citywide Advanced Transportation Management System(ATMS) Project. Motion was seconded by Weber and carried by 5-0 vote(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 8 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 C. REQUEST FORAWARD OF CONTRACTTO PAVEMENT COATINGS CO. IN THE AMOUNT OF$1,610,000 FORTHE 2014 SLURRY SEAL PROJECT (CONTRACT NO. C33230, PROJECT NO. 751-14). Mr. Greenwood said this contract represented the City's annual Slurry Seal Project, this year's being quite large with 8.8 million square feet to be slurried. He called attention to the map included in the printed staff report that illustrated the streets to be treated in the Project, adding that it covers many streets in both south and north Palm Desert. Councilmember Harnik recalled that in a prior year's project, some slurry coating didn't set up properly due to the heat and became a problem to people needing to use the roadway. She asked what happens with the temperature differentiation and if there's a provision in the contract for such an occurrence, noting that the area was currently experiencing a different weather pattern. She wondered what happens if the temperature reaches 105 degrees or more. Mr. Greenwood responded that the contract doesn't specifically address that issue. However, in such a situation, staff would work with the contractor and request that it not place slurry on days where excessive heat is expected and wouldn't allowthe slurry coating to set up. Further responding, he confirmed that the project would begin mid- to late April. Councilmember Harnik felt that timing would lend itself to the area hitting temperatures in the 100s. She asked if that would lead the City to then roll the project over to next year and if it would still be within the contract award amount. Mr. Greenwood answered that he didn't think the City would roll over the project within the subject contract. He said it may mean dropping streets this year and including them in next year's project; but the City would not extend the subject contract. He noted that such an occurrence has never happened, adding that Public Works has worked at this time of year in the past; there are measures the contractor can take to mitigate heat. However, he said there is a lot less the contractor can do to mitigate cold temperatures. Responding to question about notification of residents at the time the project commences, he said it was part of the contract that the contractor notify every resident. Mr. Wohlmuth offered that much like rain would not allow a contractor to work, if the temperatures became too great and the slurry doesn't set up because of the air-temperature heat, it would be delayed. He recalled for Council that the City delayed the Highway 111 reconstruction/resurfacing project for nine months, but it took some negotiation for this to happen. He added that was an option—delaying the project to the fall instead of spring, , 9 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 with another, as Mr. Greenwood indicated,would be canceling the contract. He said if the project gets into late May, June, or July, there wouldn't be the right temperatures for the slurry to set up; therefore, the contract could potentially be terminated. He said this would be part of the negotiations with the contractor, depending on where the contract is at that time. Councilmember Harnik hoped the City would have a working relationship with the contractor so it could negotiate as necessary. Councilman Spiegel moved to, by Minute Motion: 1)Award the subject contract for Construction of the 2014 Slurry Seal Project to Pavement Coatings Co., Jurupa Valley, California, in the amount of$1,610,000; 2)authorize the Mayor to execute said contract— funds are available in Measure "A" Street Maintenance Fund, Account No. 213-4311-433-4001. Motion was seconded by Harnik and carried by 5-0 vote(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). D. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT TO DESERT AIR CONDITIONING, INC., IN AN AMOUNT NOT TO EXCEED $75,234 FOR THE PARKVIEW OFFICE COMPLEX H.V.A.C. REPLACEMENT PROJECT (CONTRACT NO. C33400, FINANCE RFP NO. 2014-1). Mr. Gibson stated that the project involved replacement of 13 air conditioners on the single- and two-story Parkview Office Buildings. Nine bids were received, of which Desert Air Conditioning and Esser were local firms to bid, with Desert Air Conditioning being the low bidder and recommended for award. In answer to question, he confirmed that funds are available from rents paid at the Office Complex. Councilman Spiegel moved to, by Minute Motion, authorize award of the subject contract to Desert Air Conditioning, Inc., Palm Springs, California, for the Parkview Office Complex HVAC Replacement Project in an amount not to exceed $75,234 and Mayor to execute same —funds for this project are budgeted in Account No. 510-4195-495-3370. Motion was seconded by Weber and carried by 5-0 vote(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). E. REQUEST FOR APPROVAL OF AN INCREASE TO PLAN REVIEW / INSPECTION SERVICE CONTRACTS WITH SCOTT FAZEKAS & ASSOCIATES AND WILLDAN ENGINEERING, RESPECTIVELY, AS UTILIZED BY THE DEPARTMENT OF BUILDING & SAFETY - FISCAL YEAR 2013-2014. Mr. Grance noted the staff report and, for the record, wanted to make two corrections to the recommendation from that which appeared on the agenda: 1) Recommendation No. 2 should reflect the amount of$51,000 (instead of 10 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 $41,000); 2) Recommendation No. 3 should reflect the amount of$71,000 (instead of$61,000). Councilman Spiegel moved to,by Minute Motion: 1)Authorize an additional$20,000 to Account No. 110-4420-422-3010 related to Professional Architectural Engineering for the contract with Scott Fazekas & Associates, Irvine, California (Plan Review - Contract No. C32950A), amending the prior authorized amount of not to exceed $40,000 to not exceed $60,000 for Plan Review Services for the remainder of FY 2013-2014; 2)authorize an additional $51,000 to Account No. 110-4420-422-3010 related to Professional Architectural/Engineering for the contract with Willdan Engineering, San Bernardino, California (Hourly Contract Inspection Services-Contract No. C33150), for the remainder of FY 2013-2014; 3) appropriate $71,000 from the Unobligated General Fund Reserves to Account No. 110-4420-422-3010, FY 2013-2014 — cost for Contract Services is recoupable through Plan Check and Building Permit Fees collected for projects. Motion was seconded by Weber and carried by 5-0 vote(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS With City Council concurrence, Mayor Tanner suspended the agenda at this point in order to take up Public Hearing Item D, which had been held over on this agenda from Section XII- Resolutions, Item A. Please see that portion of the Minutes for resulting discussion and action. Following Item D, he resumed with Item A and the remainder of the agenda. A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT TO MODIFY PALM DESERT MUNICIPAL CODE SECTION 25.40.050 - ACCESSORY STRUCTURES - TO REFINE PLACEMENT AND DEVELOPMENT STANDARDS, AND SECTION 25.99 - DEFINITIONS - TO COMBINE AND MAKE DEFINITIONS CONSISTENT FORACCESSORY BUILDINGS AND STRUCTURES, Case No. ZOA 13-357 (City of Palm Desert, Applicant)(Continued from the meeting of February 27, 2014). Associate Planner Eric Ceja noted that the matter had first been to City Council at the meeting of February 27, 2014, but was continued to this meeting to address the omission of a proposed sunset clause and allow for re-noticing of the public hearing. He referred to the printed staff report and 11 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 said that staff was recommending changes to the Accessory Structure Ordinance that would allow for placement of some structures in side yard areas, subject to screening and height requirements. He added that new subsections were also proposed to address temporary and open structures. Further,the definitions sections have been updated to make them consistent throughout the Code. He said Planning Commission considered the ordinance update at their meeting on January 14 and recommended approval of the proposed changes, subject to a sunset clause. In working with the City Attorney, staff has proposed a one-year sunset clause to allow homeowners sufficient time to comply with the new Code. He offered to answer questions. Mayor Tanner declared the public hearing �en and invited testimony IN FAVOR OF or IN OPPOSITION TO Case No. ZOA 13-357. MR. BOB ELLIOTT, Pele Place, Palm Desert, CA, presented a handout of photographs for Council's consideration (which was received for the record and is now on file in the City Clerk's Office), noting that it was the second time he'd been before City Council about this issue. He said his residence has been their retirement home since 2008. They had a new neighbor come in right behind their property at University Pointe, and the neighbor constructed a double-deck children's playhouse that is approximately 12 feet high. Their lot is two feet higher than his, so he has a 14-foot image to look at. He understood the Planning Department is going to suggest raising the height of playhouses from 10 to 12 feet, so there will still be a 14-foot image. Especially on a small city lot, he thought one story should be high enough, and their privacy would be restored. He related that about 10 days ago, he came out of the shower into the living room of his home, and a six-year-old boy was on top of the playhouse staring at him — this was not good, no privacy. He'd invested $600,000 in his retirement home and didn't think people bought homes in that price range without expecting privacy. He said it will be difficult, and most likely result in a limited number of buyers with a reduced value,to sell his home; it will also affect his neighbors' home values. He said they love their home and want to stay but needed the City Council's consideration to restore their privacy. He observed that the American dream is to own a home — a man's home is his castle. He urged City Council to please not allow a double-deck playhouse that would take away his family's privacy and add to their mental stress. In answer to question, Mr. Ceja said staff has been in contact with Mr. Elliott, who has provided photos of that accessory structure in the past. Further responding about how the City would address Mr. Elliott's concern, he said the proposed Code amendment actually allows staff to better address it with the update in the definitions section. He said the current playground structure doesn't fall under the definition of a structure; if the Code update is approved by Council, it would allow staff to address it with the neighbor. 12 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 Upon inquiry about whether or not the neighbor would have to tear down the structure, he said in order to comply with the new Code, staff would have to first see if the structure meets the height requirements and then also the setback standards. Mayor Tanner asked Mr. Elliott whether or not he'd discussed the issue with his backyard neighbor. MR. ELLIOTT said he had, the first thing the neighbor said to him was that he worked for the City, but he didn't know what that had to do with the issue. Subsequently, he asked the neighbor if he'd consider installing some shrubbery in front of the playhouse, and the answer was no, "you've got your lifestyle, I've got mine," and that represented the end of that conversation. He went on to say that he even tried to talk with his neighbor's wife, without success. He said the neighbor didn't consult him about what he was doing. But in order for him to hide the structure, he'd have to chop away his pool — the pool being connected to the sidewalk and to the wall there, and he can't install shrubbery. He reiterated that he didn't want to be forced by a double- deck playhouse to go around and chop up his pool to restore his privacy. He felt it was a very unfair situation and has bothered him immensely. Councilmember Benson asked for clarification of her understanding that the ordinance under consideration would require the aforementioned neighbor to tear down his playhouse and not allow any others that high. Mr. Ceja responded that the Code would set a height limit, as long as the accessory structure(e.g. playground, trellis, pergola)conforms to the height and setback standards, it would be allowed in a rear yard. He confirmed that the height limit would be 12 feet. Further responding, he was unsure of the height of the playhouse being discussed, but with approval of the proposed ordinance, the City could send a Code Officer to the location for an inspection. Councilmember Benson noted that if the playhouse was 12 feet, it would still be higher than the neighbor's fence. Mr. Ceja agreed with Mayor Tanner's comment that the proposed ordinance doesn't deal with pad heights. He said similar to a typical single-family home, the ordinance doesn't account for grade differential, which is one of the existing issues between University Pointe and Pele Place—that rear-yard neighbors actually sit 2 feet higher than Pele Place residents. Councilmember Benson didn't think that should be allowed. She said it seemed that one would put up a fence for privacy in the backyard, but then you have somebody else higher that can peer over that size of fence. She said there was another instance like this years ago on Desert Lily where a 13 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 basketbali court was put up that was way above the fence and looked ridiculous. She said that property owner had to move it down. Mayor Tanner asked what the City's alternative would be at this point and how the matter could be looked into further. Mr. Erwin responded that today's public hearing represented first reading of the proposed Ordinance No. 1267, so it would not go into effect until following the second reading and 30 days after that. Mr. Wohlmuth added that the proposed ordinance doesn't address pad height; it addresses the accessory structure height. Therefore, if Council's direction was to modify the height limit— lower it from 12 feet, or measure it from the neighbor's yard rather than their own graded yard — that would require a modification to the proposed ordinance. Councilmember Harnik felt the City needed to look at this. As a mom, she wanted her kids to have a place to play; however, she emphasized that no one wants to look at a large structure from their home - they've lost all privacy. She believed this issue needed to be looked at differently; the example being discussed is an imposition to the neighbor. Councilman Spiegel agreed that Mr. Elliott should be given his privacy. Councilmember Harnik concurred with Mr. Wohlmuth that maybe the regulation needs to be applied from somebody else's view. In answerto question of staff if continuing the matterwould help address the issue, Ms.Aylaian said it would,further asking for clarification if the Council's intent was that a gazebo or storage shed wasn't a concern, that the concern was primarily with play structures that children will climb on to give them greater height advantage. She understood Council would like to restrict those such that they don't have a clean line of sight into the next door neighbor's back yard. Councilman Spiegel agreed. Councilmember Harnik didn't think it should just be a play structure. She said if a neighbor has a large gazebo in their yard, it would still be obtrusive and didn't seem right to her. She felt maybe the line of sight from the neighbor's is what should be looked at, look at it from many different angles, not just for play structures. Responding to question about how much time staff needed, Ms.Aylaian said continuing to the first meeting in April would be preferable. Councilman Spiegel moved to, by Minute Motion, continue consideration and the public hearing for Case No. ZOA 13-357 to the meeting of April 10, 2014. Motion was 14 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 seconded by Weber and carried by 5-0 vote(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). B. REQUEST FOR APPROVAL OF AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.97 - FOOD VENDING VEHICLES - AND THE ESTABLISHMENT OF INSPECTION FEES FOR FOOD VENDING TRUCKS (City of Palm Desert,Applicant)(Continued from the meeting of February 27, 2014). Ms.Aylaian acknowledged thatthe matterwas continued from Council's last meeting and noted two things needed to occur today, including conducting: 1) The public hearing on proposed Resolution No. 2014-14 that would establish inspection fees for food trucks; 2) second reading of Ordinance No. 1268 that was considered two weeks ago. She said since that consideration and at Council's direction, there have been a couple minor edits to the ordinance language. In response to the single piece of input received from the public on this matter, she clarified that Palm Desert currently has an ordinance governing operation of food vending trucks that has been in place since about 1992. She added that most of the restrictions and regulations contained in the new ordinance are actually in the original ordinance and in place now. She went on to say that changes proposed to this ordinance actually relax the restrictions and regulations of food trucks so they would be able to operate in more places for longer hours than they are currently permitted. Nonetheless, she said yesterday the City received a piece of correspondence from the So. Cal. Mobile Food Vendors Association, which had three objections to the proposed changes in the ordinance. For two of the three things they're objecting to, she said the restrictions are actually being loosened by the proposed ordinance. She went on to say that their primary concern was with a restriction of 750 feet from any existing food and beverage outlets(restaurants); but that restriction is already in place, and the proposed ordinance would not change it. Secondly, she said the new ordinance actually opens up new places that food trucks could go and operate. Currently, food trucks can't operate near parks or near any recreation facilities;the new regulation would allow greater latitude for their operation near those sites. The next thing the Food Truck Association objected to was a restriction of the hours of operation. She said today's ordinance currently has greater restrictions than proposed in the modification; currently, food trucks cannot operate on Sundays, in the evenings, or on holidays. The new regulation would allow operation on Sundays and in the evenings to 5:00 p.m. or 7:00 p.m., depending on time of year,which gives greater latitude to operators. Further, she said theirthird objection is relatively minor, more a technicality overthe restatement of State Law in the City's ordinance. She said in response to their input, she proposed making a minor modification to paragraph 5.97.100(F)(1), deleting the words "...to food vending truck employees..." from the second to last sentence there. She said staff still recommends passing second reading of 15 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 Ordinance No. 1268 as proposed, but if there is public testimony to be received, the City Council can hear it, with City Attorney being prepared to answer any questions from the Council relative to input recently received on the matter. With regard to the public hearing on the proposed fee for inspection of the food trucks, she noted the inspection would actually be performed by representatives from each the Fire Marshal's Office and the City's Code Compliance Office. She offered to answer questions. Responding to question about the minor language change, Ms. Aylaian said it has to do with providing toilet and hand-washing facilities. She said the draft being considered today restates wording in State Law that says if you're going to park a food vending truck in one location for greater than an hour, you need to have toilet and hand-washing facilities available for the food truck employees within 200 feet. She proposed striking that so it says "...hand-washing facilities have to be available within 200 feet," period, a relatively minor technicality. Mayor Tanner declared the public hearing open and invited testimony SUPPORTING or OPPOSING Resolution No. 2014-14 for the inspection and related fees for food vending trucks. With no public testimony offered, he closed the public hearing. Councilman Spiegel commented that the City of Palm Desert does the largest amount of restaurant business of any city in the Coachella Valley, and that's without food trucks. Therefore, he didn't think Palm Desert needed them. Mayor Tanner noted that not only is the City heavily covered with restaurants, it also has a large amount of youth sports participation, with tournaments coming in, etc., and the kids get revenue from the snack bars. He said if the City opens up to food trucks, there's a potential loss of that revenue and an increased cost for sports play. Councilmember Harnik said she agreed with both of her colleagues' comments. However,she felt provisions in the ordinance really protected the City's restaurants well. She added it was well known that the City's restaurateurs have come in, put a great investment of time, money, and effort into their establishments, and the last thing the City would want to do is hurt them. Further, she said a lot of those proprietors put that investment into the City during a really economically challenging time, and it doesn't want to hurt them now. She said with the distances shown in the colored "Food Truck Zones" map provided with the staff report, the City is restricting food trucks; and with the Temporary Use Permits (TUPs) and Conditional Use Permits (CUPs), they have opportunities for special events. She commended staff for a great job of protecting businesses that have worked 16 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 hard to invest in the City, and with what it has at this point, she felt food trucks are worth looking at. Councilmember Harnik moved to, waive further reading and adopt: 1) Resolution No. 2014 - 14, establishing inspection fees for Food Vending Trucks; 2) adopt Ordinance No. 1268, approving changes to Chapter 5.97 of the Palm Desert Municipal Code - Food Vending Vehicles - including such minor modifications as were made prior to second reading of the Ordinance,and with the wording deletion proposed above by staff during this meeting in Section 5.97.100(F)(1), having to do with proximity of hand-washing and toilet facilities for food truck employees. Motion was seconded by Weber. Mayor Pro Tem Weber concurred that staff had written the regulations in such a way as to protect the City's restaurants by putting the radius around them. Mr. Erwin noted while he hadn't had the chance to speak with Ms. Aylaian regarding the wording change she proposed in Ordinance No. 1268, Section 5.97.100(F)(1), he recommended City Council not strike the language and leave it as was presented in the staff report. He said having looked in some detail at it, all the City was doing was restating State Law in the matter of proximity of restroom facilities for food truck employees. He requested the City Council leave the language as is; if later on the City finds a need to negotiate the regulation, it can be changed at that time. Councilmember Harnik offered that this was a fairly new industry, she knew it would be evolving, and there was no reason that the City's ordinances can't also evolve as needed. Councilmember Harnik agreed with the City Attorney's recommendation and amended her motion above as it relates to adoption of Ordinance No. 1268 as presented in the staff report, without the suggested wording deletion, and Mayor Pro Tem Weber concurred with her second. Mayor Tanner called for the vote on the amended motion, and it carried 4-1 (AYES: Benson, Harnik, Weber, and Tanner; NOES: Spiegel). For purposes of clarification: Councilmember Harnik moved to, waive further reading and adopt: 1) Resolution No. 2014 - 14, establishing inspection fees for Food Vending Trucks; 2) adopt Ordinance No. 1268, approving changes to Chapter 5.97 of the Palm Desert Municipal Code-Food Vending Vehicles-including such minor modifications as were made prior to second reading of the Ordinance. Motion was seconded by Weber and carried by 4-1 vote, with Spiegel voting NO. 17 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 C. REQUEST FORAPPROVAL OF THE PROPOSED SALE OF A PROPERTY LOCATED AT 43-930 BLUEBERRY LANE (APN 634-061-024), PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c)(JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Housing Department Management Analyst Jessica Gonzales reported that the subject request will allow sale of the property located at 43-930 Blueberry Lane, located in the Desert Rose community, to a qualified household of low or moderate income at an affordable housing cost. She said the sale is required to be part of a public hearing, which was noticed as prescribed, and noted that no comments were received during the noticing period. Mayor/Chairman Tannerdeclared the public hearing oqen and invited testimony IN FAVOR OF or IN OPPOSITION TO the subject property sale. With no public testimony offered, he closed the public hearing. Councilman/Member Spiegel moved to: 1)Waive further reading and adopt Housing Authority Resolution No. HA - 61, approving the sale of the property pursuant to the attached draft Purchase and Sale Agreement at the calculated resale price of$136,444 for 43-930 Blueberry Lane or the fair market value of the property, whichever is less; 2) by Minute Motion of the City Council: a) approve a silent homebuyer assistance loan not to exceed 40% of the sales price for the home to ensure an affordable housing cost for a qualified low-or moderate-income household from any available funding source restricted for such purpose(BEGIN, Housing Mitigation,Agency/Housing Authority Program Income); b) authorize payment of the transaction costs from the sale proceeds for the purpose of repairs required for closing and fees customary to real estate transactions in Riverside County, including escrow, title, FHA Fees, inspections, vermin eradication, commissions, and disclosures; c) authorize use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, in their substantial form, as attached to the accompanying staff report; d) authorize the Authority Chairman and/orthe Authority's Executive Directoror his designee to finalize and execute the Purchase and Sale Agreement and any ancillary documents necessary to effectuate the sale and actions taken herewith. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS IN ADVANCE OF THE MEETING. THE ADDENDUM INDICATED RELOCATION ON THE AGENDA OF THE CONSIDERATION OF RESOLUTION NO. 2014-15 FROM SECTION XII - RESOLUTIONS, ITEM A, TO SECTION XVII - PUBLIC HEARINGS, ITEM D. 18 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 D. RESOLUTION NO. 2014 - 15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO REMOVE CONDITION OFAPPROVAL NO.9,WHICH REQUIREDTHE DEVELOPER TO ENTER INTO A HOUSING AGREEMENT WITH THE CITY OF PALM DESERT FOR PRECISE PLAN/CONDITIONAL USE PERMIT NO. 05-22 AND TENTATIVE TRACT NO. 34179, AND AUTHORIZE THE MAYOR TO EXECUTE THE RELEASE OF THE EXISTING HOUSING AGREEMENT BETWEEN THE CITY AND THE DEVELOPER, Case No. PP 14-010 (GID Monterey, LLC, Applicant). Associate Planner Eric Ceja referred to the printed staff report contained in the agenda packets. He said during the initial entitlement process for the project known as Falling Waters in 2006 (now Monterey Ridge), the Applicant was required to enter into a Housing Agreement with the City. The Agreement was executed, but there were some a-typical circumstances with it. The Agreement doesn't have the typical AMI (Area Median Income) provision, it's been expanded for moderate-income housing. Additionally,the period for that Affordable Housing Agreement was reduced to 5 years instead of the typical 45. In exchange for removal of the condition and release of the Housing Agreement, he said that the Applicant is proposing to install solar panels on community facilities at Monterey Ridge, as well as installing solar on 45 remaining units to be built. Staff recommended approval of the Applicant's request, and he offered to answer questions. Councilmember Benson noted the letter Council received from John Bigley, General Partner, UHC Communities, saying that they were in favor of the release of the condition, as long as it included their property across the street from Monterey Ridge. She asked what impact this letter has, because she didn't want the City to also remove the condition from other property. Ms. Aylaian responded that the property to which Mr. Bigley was referring and that he owns is not yet entitled; it is still raw land at this point. There are currently no requirements for Affordable Housing on it, but there is no guarantee that when something is proposed there won't be a requirement for Affordable Housing. She went on to say Mr. Bigley's site is identified in the City's Housing Element as one that will have a certain number of housing units provided, but it does not define what levels of affordability would be required. She reconfirmed that there is no Housing Agreement currently with Mr. Bigley; therefore, there is nothing to release him from. Further responding, she agreed to answer Mr. Bigley's letter with this information. She reconfirmed Mr. Ceja's statement above that the subject Housing Agreementwasreallya-typical. Theonethatwasexecuteddidn'ttechnically provide what staff knows to be Affordable Housing; it was more of a market- price restriction on the project than an Affordable Housing Agreement. She noted that the City is in the business of providing as much Affordable Housing as it can, protects the affordable units it has very closely, and it 19 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 doesn't remove those kinds of restrictions just at the request of a property owner. Upon inquiry about the 20% (45 units)and what the plans were for the other 80%—whether or not they're built, Mr. Ceja said the project was entitled for 247 units. As of today, only 20 units have been built. He said in working with staff, the Applicant has agreed to construct solar on 45 remaining units to be built; the remaining 200+ units would not receive solar. He added that the original condition did require that the developer install conduit for potential solar, which would then be installed by individual homeowners. Councilmember Harnik appreciated the fact that the Applicant was installing solar on the community facilities and the pool. Responding to question about the Planning Commission unanimously approving this request, Mr. Ceja affirmed that it had. Mayor Tanner declared the public hearing open and invited testimony IN FAVOR OF or IN OPPOSITION TO Case No. PP 14-010. MR. TOM NOBLE, Gateway Drive, Palm Desert, CA, said he and his partners developed the Gateway Development, which is contiguous to the subject property on three sides. He spoke in favor of the request before City Council today. It seemed to him that nothing would be hurt by granting the request and will no doubt help with more rapid development of the project, which he felt would only help the entire area. He added that he also happened to be President of the property owners group by default; however, while not speaking on behalf of that group today, was sure there would be strong support for anything that would help further development in the area. MR. ROB BERNHEIMER, on behalf of the Applicant, answered a couple of questions raised by City Council. First, with regard to the 20%, he said that was the mandatory minimum number of units; all the units will be plumbed for solar, and they hope and expect to really double that number. He reiterated that they have a guaranteed minimum of 20% of the units to be installed for solar, but there was no reason that more can't be done. Further, he said they've met with a solar consultant, who believes that they'll actually be able to beat that by quite a bit. Secondly, with regard to Affordable Housing, he said not only is the Affordable Housing Agreement 5 years, which is short, it's medium-level housing, which Palm Desert would not be lacking when it gets to build-out. Further, the dollars that are actually specified in the Agreement are slightly over $300,000, and these units are expected to come on-line at less than the numbers in the current Agreement. He noted that the Agreement is out of whack, and its restrictions make no sense as they relate to the current marketplace. This was the reason they approached the City and came up with a creative way to do something that 20 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 still benefitted the City with the solar program and hoped the City would like it as well. In answer ta question about whether the Applicant was working with Ygrene for the solar program, he said he was unfamiliar with Ygrene. However, he said they've had discussion with Renova and believe they're going to have one or two preferred on-site installers; but it would also be open for anybody in order to have some free-market influences on the project. With no further public testimony offered, Mayor Tanner closed the public hearing. Councilman Spiegel felt it was a good project and moved to waive further reading and adopt Resolution No.2014-15, approving Case No. PP 14-010. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaqer Meeting Summaries for the Period of February 18-28, 2014. Mr.Wohlmuth noted his printed report provided in the agenda packets and offered to answer questions. In response to question about status of the property formerly known as Casey's Restaurant, he said that Casey's was in very poor condition. Staff visited the site and is cleaning up the rear of the property where some illegal dumping and vandalism has occurred. He hoped that the Successor Agency's Revised Long-range Property Management Plan would be approved soon so that plans can proceed for demolition of the building. Upon inquiry about whether or not the building should, indeed, be demolished, he felt it should be; however, Palm Desert first needed control of the property in order to do so. He added that after seeing the amount of illegal dumping,the electrical room having been broken into, and other vandalism that's occurred, the building should be torn down as soon as possible. As of this morning, he said staff had installed bollards at the driveways, with chains across and "No Trespassing"signs,which will hopefully curtail the illegal dumping and vandalism, and will also put a halt to people illegally parking cars for sale in the lot. With City Council concurrence, the Meeting Summaries were received and filed. 21 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 B. CITY ATTORNEY None C. GTY CLERK 1. Announcement of City Council Study Session -Thursday, March 27, 2014, at 2:00 p.m., Administrative Conference Room — Solid Waste Contract Negotiation and Potential Tax Roll Billing. In response to Ms. Klassen's announcement, Councilmembers took note of the upcoming Study Session scheduled. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None 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: None 4. City Council Comments: a) Mayor's "State Of the City" Event — Councilmember Harnik congratulated Mayor Tanner for the great job he did at the Chamber of Commerce's "State Of the City" Event on February 28, and her colleagues concurred. 22 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 b) Sand�iper Historic Desi_nq ation—Councilmember Harnik reported she recently attended the ceremony to dedicate Sandpiper Circles 11 and 12 with their Historic District Designation. She added that there was a great turnout of people for the ceremony from all over the Coachella Valley. c) Palm Desert Youth Sports Association Opening Day — Councilmember Harnik said she and the Mayor participated in the Opening Day event on March 8, and it was amazing. She said display of the 100-foot flag,the bands, flyover of vintage planes, and the bald eagles was really incredible — in addition to all the families and kids enjoying Civic Center Park. Mayor Tanner added he felt it was money well spent by the City to sponsor the occasion, especially with the honor bestowed upon one of his baseball heroes, Johnny Bench, at the Legends Field Columns. 5. Suqgested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Spiegel, second by Weber, and unanimous consent of the City Council, Mayor Tanner adjourned the meeting at 4:59 p.m. VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 23