Loading...
HomeMy WebLinkAboutPrelim - CC - 03-23-2017PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 23, 2017 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Harnik convened the meeting at 3:05 p.m. II. ROLL CALL Present: Mayor Pro Tem Sabby Jonathan Councilmember Kathleen Kelly Councilmember Gina Nestande Councilmember Susan Marie Weber Mayor Jan C. Harnik Draft /-1 Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Lori Carney, Director of Human Resources Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Lt. Coby Webb, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Sgt. Michael Gaunt, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Draft MARCH 23, 2017 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - 43900 San Pablo Avenue, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Mark Greenwood/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Kevin Kalman/Desert Recreation District Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) City of Palm Springs v. All Persons Interested, etc., et al., Riverside County Superior Court, Case No. INDIO 51124 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Harnik adjourned the meeting to Closed Session of the City Council and Successor Agency at 3:07 p.m. She reconvened the meeting at 4:03 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves reported that the WNRA Palm Desert 103, LP, v. City of Palm Desert, et al., Riverside County Superior Court, Case No. PSC 1400549 has been successfully settled, stating this litigation involved the child care parcel by the University Campus. Staff also received direction on the agenda items, but no reportable action was taken. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member Matthew Chang VII. INVOCATION - Mayor Pro Tem Sabby Jonathan 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2017 Draft With City Council concurrence, Mayor Harnik suspended the agenda at this point in order to take up Section VW - Awards and Presentations, Item C. Following that presentation, she resumed the regular agenda order. VIII. AWARDS AND PRESENTATIONS A. PRESENTATION OF PROCLAMATION DECLARING "SERGEANT DAVID ADAMS DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council Mayor Harnik presented the proclamation to Sergeant Adams. Sgt. Adams shared that when he was initially transferred to Palm Desert from the Indio Station, he thought he was being punished, but in the first week he felt the warm welcome from the community and found a new home, which was fantastic. At the Department, the Captains took care of him and he was able to work several different assignments from traffic and administration across the board, and in working with the City his work turned from a job to a family. Sadly, he put in a transfer to the Indio Jail Facility to broaden his scope for the Department and also give somebody else the opportunity to experience what he had with the City. He thanked the City Council for the opportunity to serve in Palm Desert. Mayor Harnik noted that in the audience there was a lot show of support from his colleagues and the public. Councilmember Weber reminded everyone of the effort and time Sgt. Adams devoted to the Shop with the Cop Program, stating he touched a lot of lives in that manner, and the City Council was grateful for it. B. PRESENTATION OF PROCLAMATION DECLARING APRIL 2-8, 2017, AS "CRIME VICTIMS' RIGHTS WEEK" IN THE CITY OF PALM DESERT. On behalf of the City Council Mayor Harnik presented the proclamation to Ms. Rachel Maurice, Assistant Director of Division of Victim Services with the Riverside County District Attorney's Office. Ms. Maurice stated each year it's one of their somber pleasures to be able to honor the victims of crime in each region of the County. She invited the City Council and the public to attend the vigil at the Palm Desert Civic Center Park on April 4, 2017, at 7:00 p.m. She said she knew this community had been impacted with crimes, specifically local officers, so a special presentation will be done to honor them. The theme this year is Strength, Resilience, and Justice. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 C. PRESENTATION OF PROCLAMATION DECLARING APRIL 2017 AS "DMV / DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council Mayor Harnik presented the proclamation to Mr. Myles Kaye who is an ambassador for Donate Life California. Mr. Kaye thanked the City Council for the proclamation recognizing the month -long campaign. He noted he was a snowbird and Palm Desert was his second home where he did all his volunteer work for Donate Life Califomia. He explained that the employees of the Department of Motor Vehicles worked under the organization One Legacy, and a subdivision of that is Donate Life California. He said the community should be proud for what it has accomplished, because more than 12 million Californians have registered as a donor, adding that One Legacy is the largest procurement organization in the United States and the World. He added that the DMVs, city councils, and citizens are the ones making it all possible, and he was only representing the troops who are the DMV employees. D. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER MATTHEW CHANG. Mr. Chang reported they held a Senior Technology Day event at the Joslyn Center where they helped the seniors with their gadgets. He said a lot of the seniors had expensive devices, but they didn't know how to utilize the technology on them. The Committee is working on an anti -bullying presentation for the elementary schools to help students instill good values from a young age. They are also working on a Sustainability Party for April 19 at Lincoln Elementary School to teach students how to conserve and use less water. Additionally, the Committee is working on establishing "No Idling Zones" to curb pollution in areas around schools. Mayor Hamik pointed out that Mr. Chang was part of the four -member team that squashed the other teams in the World Quest Competition. She thanked Mr. Chang for representing the City well at Palm Desert High School. IX. ORAL COMMUNICATIONS - B MS. RAN HU, Up With People (UWP), stated she was from China and it was very special to be able to be here. She came to invite the City Council and the public of their event next week (at Palm Desert High School March 31 and April 1 at 7:00 p.m.). They are a nonprofit global educational and performing art's program that has been around for 52 years. She said the cast of 100 young people from 21 different countries had the privilege to 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 come to the Coachella Valley, and a local beneficiary is working with them through the schools. They will provide 1,000 volunteer service hours collectively, covering several cities in the Valley. Here in Palm Desert, they will be working with Desert Arc and Palm Desert High School, providing a cultural fair and a school performance for the students. At this point the logistics have been set up, but they still need support financially to get as many girls from the Ophelia Project to attend the show, so she wondered if the City was interested in being a ticket sponsor for them. MS. TAMMY MARTIN, Executive Director for Friends of the Desert Mountains, stated that on behalf of the Board, staff, and volunteers, she was before the City Council to provide an update on the Wildflower Festival that took place on March 4. She thanked the volunteers and board members in the audience that came to provide their support of the City and Friends of the Desert Mountains. She reported the event had record attendance of more than 2,400, with over 125 volunteers who helped with the event. Also, there were more than 273 people participated in the hikes, and the new ADA Path had 338 people walking the trail. Most of the attendees for the event were families from Palm Desert, but there was a spike coming from Indio and Cathedral City. Therefore, she looked forward to working with the neighboring cities next year. They had a debriefing of the event and they plan on improving it, but one thing they will change for next year is that it will be a one -day event instead of two days, and instead of holding the event from 9:00 a.m. to 4:00 p.m., it will extend the hours from 8:00 a.m. to 5:00 p.m. She thanked the City Council for its continued support. Mayor Pro Tem Jonathan said the Wildflower Festival added to the Community, because it was all about respecting and appreciating the environment. He said that the event had activities for children, live music, and the ADA Path that his 85-year-old mom went on. He thanked Friends of the Desert Mountains and Ms. Martin for being part of the community. X. MAYOR AND COUNCILMEMBER COMMENTS TO THE COMMUNITY 1. Short -Term Rental Task Force Councilmember Kelly reported she and Councilmember Nestande served on the Task Force and they had one excellent meeting attended by a substantial number of stakeholders with a variety of views. Staff has been tasked with researching altemative approaches to addressing some of the problems that were shared there. The second meeting is scheduled to take place on April 6. She said Public Information Officer David Hermann is prepared to briefly share how residents could offer input if they want to share perspectives in that process. 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 Mr. Hermann said resident can provide input by going to the City's Website, under the first sub -page under Planning. Under Planning, you will find Vacation Rentals, Cannabis Committee, and others. However, the best way is for him to create a news item on the home page with a link to the Planning page. In that way, people can easily give feedback and input. Responding to question, he said he will talk to Information Systems Manager Clay von Helf about including it under the Quick Links. 2. Cops, Coffee, and Canines Event Mayor Pro Tem Jonathan reported that a couple of Councilmembers attended the event at the Civic Center Park. The event was fun, except Palm Desert's Canine was absent that day, perhaps he had to work. He said it was so great that the Palm Desert Police Department regularly engages with the community, which allows them to get to know each other, which better serves everyone. A big thank you to the Police Department for doing these events. 3. CVAG - Homelessness Committee Mayor Pro Tem Jonathan reported the CVAG Homelessness Committee voted in favor of recommending regionalization of the Community Outreach Resource Program (CORP). He said the same recommendation will be going to the Executive Committee where it is expected to be approved. It will then go out to all the cities in the Coachella Valley. 4. Senior Inspiration Awards Mayor Harnik noted that Friday, March 24 is the Senior Inspiration Awards, which is usually attended by about 600 people to celebrate seniors who have volunteered thousands of hours to make experiences better at the library, hospital, and events. They are the unsung heroes making the community better. 5. Fashion Week El Paseo Mayor Harnik noted the City was in the middle of Fashion Week, and if anyone was interested in attending, she was sure there were still some tickets available. 6. Proposition 64 - The Adult Use of Marijuana Act Mayor Harnik reported she and Councilmember Weber are continuing to work on the ad hoc committee along with staff. The next meeting is scheduled for April 7. 6 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING 7. Future of Cities Conference Draft MARCH 23, 2017 Mayor Harnik said she attended this conference where a lot of emphasis was made about how technology is impacting communities, adding they are looking for a way to bring this information to the Valley, because it affects every member of the community. XI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 9, 2017. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 2/24/2017 and 2/28/2017. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 2/24/2017, 3/3/2017, and 3/10/2017 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. CLAIM AGAINST THE CITY (#786) by Nancy M. Torsney in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct City Clerk to so notify the Claimant. E. CLAIM AGAINST THE CITY (#787) by Kenneth Doran in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct that the Claimant be so notified. F. CLAIM AGAINST THE CITY (#789) by Matthew Stenzel, a Minor, Through His Guardian, Dana Stenzel, in an Amount Over $25,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE (Qtv. 2) by Whiskey One Eleven LLC, 73101 Highway 111, Palm Desert. Rec: Receive and file. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of December 6, 2016. 2. Parks & Recreation Commission Meeting of January 12, 2017. Rec: Receive and file. I. RESOLUTION NO. 2017 - 23 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Paper Records that Have Been Digitally Imaged from the Office of the City Clerk, to Rely On the Electronic Record as the Official Record - Records from 1998 through 2013 (Exhibit "A"). Rec: Waive further reading and adopt. J. RESOLUTION NO. 2017 - 24 - A Resolution of the City Council of the City of Palm Desert, Califomia, Setting Forth Its Findings and Authorizing the Destruction of Records from the Office of the City Clerk, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) - Records Dated 2006 - 2014 (Exhibit "A"). Rec: Waive further reading and adopt. K. REQUEST FOR APPROVAL of a Modification to the 2016 Emergency Management Program Grant (EMPG) to Purchase Computer Equipment for the City's Emergency Operations Center (EOC) in an Amount Not to Exceed $18,000. Rec: By Minute Motion: 1) Approve a grant -spending modification, as identified within the accompanying staff report, for the 2016 Emergency Management Program Grant; 2) authorize purchase of various computer equipment, as identified within the accompanying staff report, for the City of Palm Desert Emergency Operations Center in the amount of $18,000. 8 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2017 Draft L. REQUEST FOR APPROVAL of Palm Desert's 2017 Spring Concert Series. Rec: By Minute Motion, approve/authorize: 1) 2017 Spring Concert Series schedule; 2) Contract No. C35970A with Bart Davis in the amount of $2,500; 3) Contract No. C35970B with Amanda Castro in the amount of $1,550; 4) Contract No. C35970C with Rose's Pawn Shop, LLC, in the amount of $4,000; 5) Contract No. C35970D with Arise Roots in the amount of $4,000; 6) Mayor to execute said contracts; 7) expenditure with Studio Instrument Rentals (SIR), Palm Springs, California, in the amount of $8,800 for Professional Sound and Lighting Services and Equipment in conjunction with the concerts (Contract No. C35360); 8) miscellaneous expenditures in an amount not to exceed $12,000 for production of the 2017 Spring Concert Series — funds are available in Account No. 1104416-4306101. M. REQUEST FOR AUTHORIZATION to Release Performance Security Agreement for Demolition Project at 73330 El Paseo (ITX Construction Consultants, Inc., Applicant). Rec: By Minute Motion, authorize release of the Performance Security Agreement for ITX Construction Consultants, Inc., for the subject project. Upon motion by Weber, second by Nestande, and 5-0 vote of the City Council (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None), the Consent Calendar was approved as presented. XII. CONSENT ITEMS HELD OVER None XIII. RESOLUTIONS A. RESOLUTION NO. 2017 - 25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DELEGATING TORT LIABILITY CLAIMS HANDLING RESPONSIBILITIES TO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA), AS AUTHORIZED BY GOVERNMENT CODE SECTIONS 910, ET SEQ. Mr. Aryan stated the City belongs to the California Joint Powers Insurance Authority (CJPIA), which is a municipal health insurance pool established 40 years ago, and as a member, the City participates in the Authority's Liability Protection Program. While the City may have no legal authority to overturn decisions made by CJPIA on the City's behalf, staff is still actively engaged in the claims process. However, an alternative to the City's current process 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 for claims through the City Clerk's Office, is to place the assignment of claims handling to the CJPIA. Doing so, requires City Council approval via the proposed Resolution pursuant to the government code. The change eliminates the requirement to take recommendations for claim rejection to the City Council, which in itself results in improved efficiency in the City Clerks Office by staff not acting as its intermediary. He noted the City will continue to maintain the same level of claims communication with the Insurance Authority, including staff's communication in the overall claims process. Staff recommended approval and offered to answer questions. Councilmember Kelly stated that while all claims are included in the Consent Calendar, she does look at them and sometimes they peak her interest, which lead to questions about what has been leamed. She inquired about staff's level of participation under the proposed system. Mr. Aryan responded that the City Clerk, City Attorney, and himself work closely with the JPIA third party Claims Administrator Carl Warren & Company throughout the process. Although the City may not be able to reject their recommendations, staff still provides input. Ms. Klassen explained that with their investigator, the City provides documents, build plans, contracts, etc., for their investigative reports that are not public record, and so they are not included. These reports are done in anticipation of eventual litigation by the claimant, which is why they are maintained confidentially, but there is a lot of back and forth communication between the investigator, her office, the Risk Manager, and the City Attorney. It is a continual process before a recommendation for rejection and/or settlement is formulated. Ms. Aylaian added she looks at all the claims, and the City Clerk distributes them to department heads or any particular staff that may have intimate knowledge of the incident to ensure an event is deliberated, so that it doesn't just deny a claim without carefully making sure the City didn't bear any liability for it. Mr. Hargreaves stated that if Councilmembers were particularly interested in that process, staff can make sure they receive copies of the claims at any level they deem appropriate. Councilmember Kelly said she appreciated the answers and they satisfied her interest. Councilmember Weber moved to waive further reading and adopt Resolution No. 2017 - 25. Motion was seconded by Nestande, and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 B. RESOLUTION NO. 2017 - 26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 37023 (Bighom Golf Club, Applicant). Mr. Chen stated the map is for the Bighorn Development entrance, which is comprised of a new club house and condo units. The Applicant has satisfied all the requirements; therefore, the tract map is before the City Council for its approval. Mayor Pro Tem Jonathan moved to waive further reading and adopt Resolution No. 2017 - 26. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). C. RESOLUTION NO. 2017 - 27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH SUPPORT FOR THE RIVERSIDE COUNTY'S BROADBAND FIBER TO THE PREMISES MASTER PLAN. Mr. Stendell stated technology is a hot topic these days and the proposed Resolution is introducing the City to a project that the County is taking on called RIVCOconnect. Essentially, the big picture is to get all 28 cities in the County and tribal jurisdictions together in an effort to offer broadband, or do what it can as government agencies for the entire County. As noted in the staff report, there is a lot to be discussed and approval of the proposed Resolution does not bind the City to any expense. Any future programs would be developed at staff level, and if necessary, reviewed by the City Council at a later date. The proposed Resolution just expresses support of the County's effort and joins them at the table. Mayor Harnik noted that when the City adopted the General Plan in December, one of the goals was that whenever feasible, the City would put down the appropriate infrastructure for high-speed fiber. She read the staff report, but nowhere did it mention gigabytes. Information Systems Manager Clay von Helf responded that the presentation he saw was aiming for 1 gigabit to the home for most of the populated areas in Riverside County, which is what their Request for Proposals will state. Mayor Harnik said that 1 gigabit was nice for homes, but not necessarily for businesses, adding that 1 gigabyte was state of the art in 2005. Mr. von Helf agreed, stating it was part of their base line aimed to encourage those in under -served areas. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 Councilmember Kelly moved to waive further reading and adopt Resolution No. 2017 - 27. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). XIV. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1319 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE - PERSONNEL SYSTEM, BY AMENDING SECTIONS 2.52.305 - EMPLOYMENT TYPES AND 2.52.700 - HOLIDAYS. Ms. Carney stated this was a request to amend the City's policy for the provision of benefits for part-time employees. It would be those employees regularly scheduled to work more than 20 hours per week. When the City developed the part-time employee positions in 2012, it was anticipated that they would typically work 20 hours per week and benefits were codified in the Ordinance at 50% of a full-time employee. In practice, the position has been utilized 25 hours per week, and there is some consideration of utilizing it for 30 hours per week if the need arises. She said this was the lowest paid position at City Hall and staff believes that it is reasonable to pay for benefits proportionate to the scheduled hours of the employee. Councilmember Kelly called attention to the precise wording in the Palm Desert Municipal Code Section 2.52.305 of paragraph B, where she felt two separate sentences should be brought into conformity, stating "twenty or more." Ms. Carney agreed to amend the language in the first sentence as requested. Mayor Pro Tem Jonathan stated that the staff report indicates there would be a cost increase of $1,500 annually for insurance premiums, but he felt there were other potential benefits that may accrue to the employee. Ms. Carney agreed, but the cost for holidays is nominal, perhaps one hour multiplied by 10 or 11 per year. Councilmember Kelly moved to waive further reading and pass Ordinance No. 1319 to second reading as amended with a change to the Palm Desert Municipal Code, Section 2.52.305, paragraph B to read, Regular Part -Time Employment. Employees who are regularly scheduled to work "twenty or more" hours per week and who successfully complete the probationary period. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING B. For Adoption: None XV. NEW BUSINESS Draft MARCH 23, 2017 A. REQUEST TO AFFIRM THE RECOMMENDATION OF THE ART IN PUBLIC PLACES (AIPP) COMMISSION TO DENY THE APPLICATION FOR REIMBURSEMENT OF ART IN PUBLIC PLACES FEE IN THE AMOUNT OF $17,500 FOR TH-225 CUPIDS ON DOME BY JACOB DAGAN FOR THE VENUS DE FIDO BUILDING LOCATED AT 73600 ALESSANDRO DRIVE, PALM DESERT (Lindi Biggi, Venus de Fido, Applicant). Mayor Harnik stated she would be recusing herself from this item because her daughter works for the Applicant. Management Analyst Deborah S. Glickman stated she was the staff liaison for the Art In Public Places Commission (AIPP). She said the Art In Public Places Program was established in 1976 with a development fee that supports it being put into place 31 years ago with Ordinance 473. The goal of the Ordinance was to recognize that development brings with it organization and an increase need for cultural and artistic outlets to improve the community's environment image and character. The way the program works is that when construction is undertaken in Palm Desert, the Ordinance requires that a developer place approved artwork on a publicly accessible place on their property or donate artwork to the City, which the City then owns and maintains, or pay an in lieu fee to the AIPP Fund. The in lieu option was created as a secondary mechanism for development and was put in place as a convenience for developers who don't desire artwork at their location. The amount paid into the AIPP Fund is based on construction valuation and is assessed as follows: One quarter of one percent (1/a %) for residential projects more than $100,000; one half of one percent (Yz %) for commercial projects, which the current project would fall under; and one percent (1 %) for non -infrastructure City projects. The amount deposited into the fund is eligible for reimbursement to the developer if an approved artwork is installed as proposed on the site whether or not the developer donates the artwork to the City. If an artwork is not installed or donated, then the AIPP deposit remains in the fund to be expended in citywide artwork installations, examples of which include the El Paseo Exhibition Program, traffic signal cabinets, and artwork in the Baja Park, which is along Fred Waring. In order for a developer to have a successful Public Art Application, it is required that the proposed artwork be reviewed by the AIPP Commission and the City Council prior to the artwork being installed. It must be created by a professional artist as evidenced through a resume or examples of past work and be part of an edition of twenty or less. If approved, the developers' 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 acquisition and installation are reimbursed up to the amount paid into the fund. All public art projects go through this process, which allows the consistency of the application of AIPP policies to create a fair situation for all past, present, and future applicants. Since its inception, the City's public art program has been emulated throughout the Coachella Valley and has become the fabric of the community. Recently, there has been some bigger discussion surrounding development fee, particularly for distressed properties, and tonight staff is focusing on the item at hand. The project came to staff in June/July of 2014 when Planning staff met in a series of meetings with the Applicant to discuss project -related fees, including the process of the AIPP Fees. These meetings culminated with a letter to the Applicant from the former City Manager detailing the requirements needed to be followed in order for a public artwork to be eligible for reimbursement. In May 2016, Public Art staff also met with a representative for the Applicant to discuss the process of retum of fees and how to move forward with the request after the artist had already installed the artwork without prior approval from the City Council. At its January 2017 meeting, the AIPP Commission added the item to the agenda, reviewed the Application for reimbursement, and determined that in addition too not receiving prior approval for the installation of the artwork, the application was incomplete. Therefore, the Commission unanimously voted to continue the item to the next meeting, to allow the Applicant time to provide the missing information, which included documentation that the creator of the sculpture is an established artist as evidenced by a resume or past work. The Commission also needed clarification on whether or not the artwork is or intended to be part of an edition of 50 pieces as indicated in the application, when the policy requires an edition of twenty or less. The continuance would also allow Commissioners time to go view the artwork before voting on it again, because at the January they had not seen the artwork, since the item was added at that meeting prior to them having knowledge that it would be before them for consideration. At its February 8, 2017, meeting, the AIPP Commission reviewed the additional materials submitted by the Applicant and recommended that the City Council deny the request for the reimbursement of the AIPP Fee for the following reasons: The Applicant had neither a full resume nor biography on the artist as is required for by Section 4.10.070 of the Palm Desert Municipal Code. A letter from the artist with minimal information and description of the fabrication had been provided, but not with the artist credentials. The Application named Jacob Dagan as the artist for the project, but images submitted with the application of the plaque that accompanies the artwork show that Chaiwatt Tohng is named as the artist on the plaque itself. Staff believes that Chaiwatt Tohng was the fabricator for the sculpture not the artist. There are still some questions as to how many sculptures there are or will be included in the edition. A letter from Jacob Dagan states that the production of the sculpture is limited to fifty (50), but did not state that it would definitely be capped at 50. The application also indicated that the art piece at the site was either 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 number 14 or 18 in the edition; therefore, there is a minimum of 18 within the edition now. In the motion for denial of the reimbursement, a Commissioner stated that their decision was based on the Applicant not following the standard procedures set forth by the City for the return of public art fees. The Commissioners expressed that their decision was based on a concern for appropriate implementation of the City's policy and the need to create a fair environment for all developers going through this process. It is important to note that the denial for this project would not result in any way with the Applicant having to remove the sculpture from the site, stating the City invites sculpture to be all over the City. Staff recommended approval of the AIPP Commission's recommendation. Councilmember Newsstand thanked Mr. And Mrs. Biggi for all they've done for the City and beautifying what was once an awful health spa center that had run a mock with homelessness and defecation. She couldn't thank them enough for investing millions into the City. Having said that, in listening to staff about all the rules and regulation, perhaps the Council can direct staff to revisit these regulations in helping to streamline the process as it wants to create more incentives for more people like the Biggi's to invest in Palm Desert, especially with the Envision San Pablo Program. She said the City was already making exceptions, like for example with Transient Occupancy Tax (T.O.T.), the City is making exceptions there. Therefore, she suggested considering making an exception for the Applicant. In fact, on page 4 of the booklet provided by the Applicant, there is a statement by Ms. Biggi as follows: "I chose to buy art to place on my property, please note, I already paid $17,500 to the City for public art, so when I made the decision to buy art to place on my property, I had to come up with the money for a second time. I did this because I believed I would get a refund from the City." Therefore, she would like to error on the side of taking the Applicant at her word and having the City consider retuming the money. She thanked staff for all it's time and effort, stating the Commission is needed and it's very important to have for the beautification of the City. She asked staff to share any thoughts on what she had to say. Ms. Glickman reiterated that the Commission makes recommendations to the City Council who then makes all the final decisions. Therefore, this was the proper time to be having that conversation. The Commission is made up of art professionals, including the chief curator from the museum, they had very thoughtful discussions, but they know that the next step is for the City Council to take a look at it and make their decision accordingly. Mayor Pro Tem Jonathan said he understood there was a series of meetings with the Applicant where the procedures, rules, regulations, and filings were discussed, the former City Manager sent a letter to the Applicant, the Commission expressed the need for additional information, etc., and at the end of that process, the AIPP Commission denied the reimbursement 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 request. He added that this was not about the sculpture itself, in terms of its value as an art piece, but more about paying the AIPP Fees and going through its process where certain conditions need to be met in order to get refunded. The Commission reviewed on whether or not the Applicant complied with the requirements and made a determination that the Applicant did not. He wanted to make sure he understood that the denial was based on failure to comply with the requirements versus an evaluation of the quality of the art piece itself. Ms. Glickman agreed, stating the main discussion within both meetings was on noncompliance with the policies and the decision was based on that factor. MS. LINDI BIGGI, Applicant, said she felt wounded and she really wanted to tell her story. She thanked all the people in the audience that came to show their support. She shared that in the past five years, she and her husband purchased several parcels of properties north of Highway 111 and east of San Pablo, and many of them were unoccupied and in disrepair. The neighborhood was overwhelmed with persons dealing with drugs, alcohol, and homeless issues. She noted that her remarks this evening are not directed at any individual or group of individuals, but she thinks that so much of what has happened is wrong and she just had to share it. She said her purpose today was twofold, the first was to request the return of the $17,500 deposit she paid to the City to assure her compliance with the AIPP, and secondly, to request an overall review of City development rules, procedures, and ordinances with a view toward abolishing absorbent and overreaching fees and demands upon developers or those that want to improve commercial properties. She said this City's commercial properties constitute its lifeline, a singular major attraction to the outside world. She acknowledged Palm Desert is a great location and has great climate, but visitors and future residents will pass Palm Desert by if commercial establishments are run down, dingy, and if tourist experience dangerous situations. She sent a letter to the City Council in October 2016, expressing her shock that in exchange for a building permit to remodel a 17,073 square -foot dilapidated old athletic club, including an additional 25,000 square -feet, that she would be getting 29 different fees totaling $144,000. She said none of those fees had anything to do with her building project or add value to her building. She read in the paper that this AIPP Ordinance started in 1976, stating it was a three -page document then set to solicit art or financing of art projects for inclusion to future public facilities, but it had nothing to do with assessing money. In 2011, it was revised to a 13—page document which is where all this other stuff came in. She said Palm Desert was the first City in Riverside County to create a public art program, and now it's been copied by many, but from what she understood, there are still only 200 of them in the whole United States. In 2011 the City established an AIPP Commission that serves as a technical advisory committee to the City Council, noting that it makes 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 the initial selection and recommendations of artist and artwork for public and private property. She said the poor property owner doesn't have anything to say about it other than pay for it, questioning how that was American, adding that the law stated you either paid for the art or you couldn't build in Palm Desert. The ordinance known as AIPP applies to public and private development, and as mentioned earlier by staff, the fee is assessed on commercial projects. The impact of this ordinance is that builders either have to install public art work in their private project or pay the City an in lieu fee for public art work on public property. In other words, the City's true goal isn't art, it's money. In either case, the builder must pay the AIPP Fee in order to obtain a building permit. She said the AIPP Commission together with the City Council have the sole discretion in determining what art complies with the Ordinance. The Ordinance states that no permanent or temporary Certificate of Occupancy shall be issued for any structure unless the AIPP requirement has been satisfied. She pointed out that she had a Certificate of Occupancy in July 2016, which led her to believe she was done with whatever she was supposed to do. She noted that the law states that upon assessment of the public art fee, the developer may elect to pay the fee for the art with no intention of placing artwork on site or donating to the City. She has learned that this route is what most developers are taking, they simply pay the fee and chalk it up to the cost of doing business in Palm Desert. The cost is then passed on to the consumer, because whoever rents or buys that property, that expense is then transferred to the new owner, stating the City was double dipping, because these people are already paying through their taxes. She said that when she chose to buy art to place on her property, she had already paid $17,500 to the City, so when she made the decision to buy the art, she had to come up with the money for the second time, adding that she did this because she truly believed she would get refunded. She went on to say that the suggested guidelines by staff were followed, however, there are a lot of different guidelines, but they say different things. She shared that she had hired staff to oversee the process and assumed they did so. She wouldn't tell the City that she knew they did everything right, because she didn't know for in fact that they did, stating she doesn't lie. The Applicant called attention to the booklet presented to each Councilmember prior to the meeting and referred to specific Exhibit contents, as follows: Exhibit 4 - MS. BIGGI said the four -page Developer Application dated August 30, 2016, was filled out by her staff. Also included is a Public Art Agreement dated September 1, 2016, which is signed by her, along with a Proof of a Review Form signed by a representative from the Building & Safety Department on September 7, 2016. Exhibit 1 - This exhibit is a photograph of the plaque that the Applicant claimed was one of the things the City said they needed. 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 Exhibit 2 - MS. BIGGI claimed this exhibit was a legal document deeding over the art piece to the City, adding that all the privileges of ownership to the art piece are removed from her. She said all she did was pay for the whole thing, which she thought was so un-American, which she believed the City was confiscating her property and taking it away from her and leaving her with all the bills. She added that the document was notarized and recorded as demanded. Councilmember Weber reminded the Applicant that Council had just received the booklet this evening, so if she could bear with the Council who was trying to follow her. She said that in reading the document (Exhibit 2), a certain paragraph states that the artwork shall remain the ownership of Owner/Developer, she's not seeing where it states that it's deeded over to the City, so perhaps she's missing the line that the Applicant quoted. MS. BIGGI responded she didn't check every booklet, but believes there is a four -page agreement where it states the artwork is deeded over to the City, but that the owner had to maintain and pay for the upkeep. She believed this issue will come up again, but offered to give Councilmember Weber her booklet with the exhibits where that statement is noted. Councilmember Weber asked the Applicant to clarify her statement that the consumer is being taxed. MS. BIGGI explained that everyone paid school taxes to do all these things and yet the City builds in these fees for the developer to pay, who then passes them onto the big bad tax payer. Councilmember Weber replied that it was Riverside County and it had nothing to do with the City of Palm Desert. MS. BIGGI remarked she didn't know where it came from, but it's bad and wrong. Exhibit 3 - This exhibit showed all the building and safety fees she had to pay the City in the amount of $44,567.39, and $17,500 of it was for the art piece. She asked the Council to look at all the other fees, Child Care Facilities Fees, Construction Tax, Green Building Fees, Job Valuation Fee, Low -Income 18 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 Housing, stating she already paid taxes for it and so did everybody else, stating these fees were sneaky. Exhibit 4 - MS. BIGGI called attention to the AIPP Commission Minutes of September 14, 2016, and on the second page of that it lists several options available to the private developer to meet the City's art requirement. Of those options, she picked the one that states, Purchase artwork for permanent installation. Now this option doesn't include any of the other stuff where she has to get everybody's permission first. It just states to buy the darn thing, which is what she did. Further below, it states "Upon completion and installation of the work on site, a Certificate of Occupancy will be issued and the art fee will be returned to the Developer." She had her Certificate of Occupancy, so what happened to her refund. She went on to say that she purchased a beautiful fountain sculpture that was the perfect addition for her building project, stating she has just as good of taste as anybody else. According to the guidelines, artwork may be singular, discrete objects, etc., stating she did everything possible to meet the guidelines and her artwork works. She reiterated that the Certificate of Occupancy was issued and she was allowed to move into her building. The law states that no permit or temporary Certificate of Occupancy shall be issued for any structure in the City unless the AIPP requirements have been satisfied; in her mind, the requirements were totally satisfied. After three hard years of construction and the building appeared to be completed, she realized the City still held $17,500 of her money that was informed would be given back to her in 2014 when she asked for reimbursement, but then she was told her application would be considered at a January 11 meeting. She was not aware that she would be subjected to questioning nor was she prepared to answer questions, stating she actually thought everyone would be congratulating her on a job well done. Exhibit 6 - MS. BIGGI stated everything that was asked of her to bring to the January 11 meeting is listed under this exhibit. Again she attended the meeting expecting to be congratulated for a job well done; however, little did she know that she would be grilled for information, which she wasn't prepared to provide accurately, and she wasn't going to lie. She said she felt punished for forgetting or not ever knowing rules she was expected to know. She explained to the 19 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 Commission that she didn't purposely fail to follow all the guidelines, stating that even in hindsight, had she known the rules, following them would have been totally impossible for her to do. The burden of all the various fees, permits, and construction project are farmable. The AIPP Fee is just one quagmire of unforeseen and confusing building requirements and ordinances. Again if you look at the AIPP Commission minutes, the Commission took a vote and forgave her for forgetting to get the preapproval. Exhibit 7 - MS. BIGGI said she attached the guidelines that were revised in July 2011, noting there are 20 different ways of getting this done, which is crazy. First you have to pay the money, which she did, then Item No. 4, as part of the ordinance requirement, states the Art Commission selects the work of art, followed by Item No. 7, which is that after the Commission selects the art, it's then taken to the City Council. She said the Commission meets once a month and the City Council meets twice a month, and in her case, her piece of art would have been sold because it would have taken her six weeks to get back. It's not until Item No. 8 where she would obtain permission to go buy the art, asking the Council if that made any sense. Exhibit 9 - MS. BIGGI explained that she didn't make it to the February meeting, stating this whole thing has made her totally ill. However, she had all the required information hand -delivered. In the draft minutes of the February 8 meeting, an entire page is devoted to finding reasons to keep her $17,500. The fact that all three of their requirements at the January meeting had been met was totally ignored. The edition number and information on the art was supplied, which is included in the exhibits. She said that unless one is involved or engaged in a serious remodel or new development, one couldn't possibly understand all the trials and tribulations that come with a construction project. She said builders and developers will become an endangered species if City's continue burdening them with rules, regulations, absorbent fees that have nothing to do with the project being build. Because builders must pass on these unnecessary costs to the end product, ordinary citizens will not be able to pay the price to purchase or to rent. People that need and want to make improvements to their property won't want to go through what she is going through. Prior to being treated so badly, 20 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Exhibit 10 - Draft MARCH 23, 2017 she and her husband loved this City, stating they have used their resources to make this a better place in a number of ways. She truly felt they would get support and encouragement when they invested in the property north of Highway 111 that was known as the ghetto of Palm Desert, and they never asked for one dime of taxpayers' money. They remodeled an empty office building that is now full, and they took a bumed down music store on San Pablo that Liberty Mutual refused to honor the fire policy, and with their own money they rebuilt it. She said that building is now brand new and is used by a charity from whom they don't ask for rent, adding that greed is not their motivation. MS. BIGGI pointed out that she purchased another property on San Pablo, and they had big dreams of building a two -acre paradise for citizens and tourist to enjoy, but after receiving a list of non -valued added fees totaling half a million dollars, which is shown in Exhibit 10. She asked the City Council to look at the list an ask themselves what fool would pay any of it and how in the world could they make the project work. MS. BIGGI went on to say she wondered how many residents are being cheated out of exciting, beautiful, and local amenities, because dreamers had to take their dreams elsewhere. She is not asking for special consideration, but is sharing her experience with the City Council so it can understand that her intentions were to give to the community. She said this Council had no idea how many phone calls and messages she has received from others that are as wounded as she is. The Venus de Fido project took three long hard years to complete, and it was a perfectly beautiful project conceived out of passion. MR. THOMAS BOMAR, Juniper Street, Palm Desert, expressed his support for the Applicant. He said the Art Commission is charged with making decisions based upon procedures, and the denial of the Applicant's request was because she didn't follow them. However, the Commission forgave her for not obtaining prior approval, but then proceeded to deny the request, because she didn't get a CV (Curriculum Vitae) of the art. This is a foreign artist, so this assumes that getting a CV meant the artist had one in the first place. He believed the Applicant had done her best to comply with the requirements, but they can be overridden by the judgement of the Commission. However, they decided to forego its judgement by not even going to go look at the art to make an informed decision about whether they should make an exception. To him it was a denial of due process. 21 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 MS. CJ WESTRICK BOMAR, Juniper Street, Palm Desert, stated she was representing the Applicant. She read a quotation that was in the staff report that states, "Arts and culture give a community its soul. Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert...." She said if anyone visits Venus de Fido, they will find that it's an artistic cultural place in Palm Desert; it's absolutely beautiful. The site has a dog park, which is also a venue for charities and all kinds of events, including weddings. If one walked into Venus de Fido, you will see murals, which are breathtaking, stating she couldn't say enough of how beautiful the place is. She believes that the Applicant has lived up to the spirit of the law of the AIPP requirements. With respect to the artist, the bronze fountain is truly an original piece, it's not an edition. She researched and contacted the artist and learned that the fountain was built according to the last wax method of casting bronze. Bronze and other cast metal sculptures are the result of a collaboration between the artist and the foundry. Unlike paintings and handmade artwork that are appreciated as a one of a kind original, most sculptures are produced in limited editions of varying sizes. The practice was born of the need to spread the manufacturing cost over a number of castings. Whatever the edition size, all castings made from first generation moles are considered originals. Reproductions are copies that come out of moles that have been formed, not from the artist's original mole, but from a previous casting piece. The bottom line is that she contacted the artist, however, there really were two artists, Jacob Dagan and Chaiwatt Tohng. The artist told her it was an original piece that was made from the original mole. In the art world, as she understood it, it's an original piece not an edition. Another thing, there is a case in Oakland, California, which is against the same kind of statue that Palm Desert has, stating it was a violation of the first and fifth amendment rights, adding that the case will go to court at the end of April. She said when the City's statue was first established it was not about private development, but it has been extended to private development, including private residencies. She suggested following the case, because she believed it was a violation of their rights. MR. JANET MCCAFFEE, Alessandro, Palm Desert, thanked the City Council for allowing her to be heard this evening, stating she was in favor of refunding the Applicant the fees associated with her art piece. She said it's extremely common for business owners, developers, and entrepreneurs everywhere to complain about the many regulations in the State of Califomia and cities strangling their operations that many are leaving Califomia and taking opportunities and jobs with them. Many heard during the recent election that the goal was to refurbish and revitalize what was once called the San Pablo ghetto area, which was dilapidated with buildings in disrepair. She said the Applicant has done an incredible job of reviving that district, and the Venus de Fido and its art piece was just one part of that effort. She said the AIPP Commission chooses to limit a piece of art to 18 editions, and she's 22 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2017 Draft guessing the intent of that specification is that the City wants art that's beautiful and unique. But for all who have seen the statue, it's a remarkable Italian bronze statue, stating she hasn't seen anything quite like it anywhere in California. She believed the statue met the spirit of uniqueness, and as pointed out by the previous speakers, it may qualify for being completely unique based on the way it was constructed through the bronze manufacture. She thanked the City Council for its time and consideration this evening. MS. SPRING WILDE said she was a friend of the Applicant, and as she understood all of this, the statue was installed and the City kept the Applicant's $17,500. She said the City couldn't have it both ways, so the City needs to give the money back to the Applicant, and shame on everyone at the City. MR. MICHAEL HARRINGTON stated he had an office in Palm Desert. He thanked Councilmember Nestande who made an excellent point and made a motion, stating that after being a lawyer for 25 years he could hear a question when it's made. He shared that he first met the Applicant out in the desert when she was looking to help stray animals in Coachella, Mecca, and Thermal. The Applicant showed him the facility she was building at the time in Palm Desert, and talked about how she provides free rent to non -profits and those people can then help the community. As a multiplier effect of her good deeds and how much time she devotes to humanity and various causes, as a business person everyone can see how brilliant she is, stating she would probably make a better lawyer than him because she gave an excellent presentation. He said that by imposing these excessive and ridiculous taxes and restriction, no wonder that area was so blighted, adding that the City created it. He agreed with the Applicant that the City should repeal this ridiculous over taxation law and allow good people and good businesses to come into the community to create jobs and opportunity to help better the community. Councilmember Nestande said she stood by her previous comments. Councilmember Weber requested clarification on the Certificate of Occupancy that was issued in July. Ms. Glickman explained that the Certificate of Occupancy cannot be issued unless the requirement is satisfied, and paying into the AIPP Fund satisfied that requirement. The placement of artwork is not the requirement, but paying into the fund is a requirement. Therefore, the requirement for the Certificate of Occupancy was met and was accurately issued. Councilmember Weber pointed out that she served as the City Council's liaison to the AIPP Commission, and she would like to make it very clear that 23 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2017 Draft no one has said they did not like the art, quite the contrary, everybody likes the art and it's perfect for the location. The only reason this item is before the City Council is because of a few things have not been complied with. Ms. Glickman concurred. She also wanted to make a correction that between the January and February meetings, every member of the Commission went to look at the artwork. The Commission did not have an opportunity at the January meeting, because that's when staff brought the item to the Commision, although she thought one Commissioner had already seen it. Her point is that all Commissioners had seen the art prior to making the final vote in February. Responding to question about the art, she said it was always clear that the sculpture came through the last wax process, which is very traditional and dates back to Egyptian times. In fact, there are several pieces throughout the City that came through that same process. She said the Commission reviewed this specific topic eight years ago, and knowing that most museums look for editions of 4 to 5 for their collections, the Commission determined they would limited the City's to 20 editions, which is high by art standards. She explained that as molds are used, the piece continues to degrade with each casting, and the subject art piece is within the first 20 castings, adding that the piece changes slightly with every casting and the mold only holds up for a certain amount of time. Councilmember Weber stated that based on what she heard and how the Commission would be reviewing this, she asked staff if she was hearing any new information that might persuade the Commission to revisit this. Ms. Glickman responded she was not hearing any new information nor had she or the Commission received additional information since the February meeting. She pointed out that she didn't know what was in the notebooks provided to the City Council this evening, so Council may have new information that neither she or the Commission has seen Councilmember Weber reiterated this meeting was not about the art piece and it has never been removed from the site. Ms. Glickman agreed, stating the Public Art Agreement does not ask for the art work to be deeded to the City, but it does get filed with the County so that when the building is sold, the building owner knows that the artwork is part of the building. Once the fee is refunded to the owner/developer, the art piece is owned completely by the owner, and it is part of their asset/building. The purpose of the document is so that when the next owner buys the building, they are not taken by surprise if they want to remove or alter the artwork. Councilmember Kelly stated the courts have developed equitable remedies to deal with circumstances where a strict application of the law does not lead 24 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 to a good result, and this struck her as a case where the Council needs to do something comparable. The Art In Public Places Program has served the City extremely well, and she did not find faults with the program or the way the Commission did its work. It was quite the contrary, she commends the Commission for applying the criteria in a way that typically ensures AIPP is of a museum or collector quality. However, what's distinctive to her about this case is that the Applicant exercised real leadership in the beginning by the transformation of a troubled block, and it's clear that they did that strictly out of passion and Council has seen it on display. If the Applicant had proceeded the recent approach that the Ordinance calls for, the Applicant probably would never have proceeded with the project. She said this project demanded passion and/or was dependent upon the passion that they brought to it. Because the leadership they have displayed has had such a positive impact, she was inclined strictly on the grounds of equity, to grant the reimbursement of the AIPP Fee, making clear that it's the result of very unique facts and circumstances of this case, in that there is only one Venus de Fido. Mayor Pro Tem Jonathan said he always appreciates it when residents come out to speak on an issue they feel strongly about and share their time, feelings, and comments with the Council. This evening there was broad discussion about many issues, but at the end of the day, the only issue the City Council can take action on is a very simple matter. The City has rules and regulations, and what's happened here is that there is an individual, who according to the AIPP Commission failed to comply with three of those rules and regulations. Specifically, according to the staff report, there is a requirement for the resume or biography of the artist, which was not complied with according to the Commission so that is one. Secondly, the Application states Jacob Dagon as the artist, but the images indicate Chiwatt Tohng, so there's confusion about whom the artist even is. The third issue is not knowing exactly the number of editions and/or how many can potentially be out there. The City's Ordinance is very specific and somewhat generous because it allows up to 20 editions, and the Applicant mentioned 50 sculptures can be made from this mold, so that's an issue. It's these three reasons why the request to reimburse the fee was denied according to the AIPP Commission. Additionally, he's truly troubled with simply refunding a fee when the Applicant is known not to be in compliance, which was a precedent he didn't want to start and also a dangerous slippery slope for the City. However, in spite of the fact that there has been numerous meetings with staff and the Commission, in abundance of consideration for someone who has done wonderful things for the City and hopefully will profit, because he believed that's why most businesses are in business, the City owes the Applicant one more opportunity to come into compliance with the requirements. His suggestion, rather than refunding a fee, is to continue the matter and give the Applicant time to work with staff and see if these three concerns of the Commission can be resolved. When it comes back before 25 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 the City Council, hopefully the concerns have been resolved where the Council finds that the Applicant is in compliance and can refund the fee, but not on the basis of compassion but on the basis of compliance. Mayor Pro Tem Jonathan moved to continue to a date uncertain, allowing the Applicant time to meet with staff to demonstrate compliance with all the requirements of the Application for Reimbursement of Art in Public Places Fee. Motion was seconded by Weber. Councilmember Weber asked if there was any way to work with the Applicant and provide better direction on what it expects from a resume, because she heard it was difficult to get from the artist. Secondly, an explanation for why there are two names for the artist, questioning if this was extraordinarily or unusual, and did the City have to update its information based on what has occurred. She believed the City has worked with the Applicant, because everyone is grateful to have the facility in Palm Desert. Therefore, if there is anything staff can do to assist to make it possible. Ms. Glickman responded she was happy to work with the Applicant in any way possible, stating her goal is to be as helpful as she can. Councilmember Kelly said she was torn, but frankly she was concerned that delaying this was going to cause further tension and exasperating, stating the artist had already gone on record that there could be up to 50 pieces of art produced. Therefore, she's not sure how the record can be improved. Mayor Pro Tem Jonathan shared he was inclined to create at least one more opportunity to see if those issues would be resolved. He agreed that there is an understanding, but perhaps clarification would shed light on the question of the editions. If it does, and if the three issues can be resolved, then it will be an easy decision. If not, Council can then have further discussion about whether it wants to make an exception or not. By continuing the matter, it's not precluding the City Council for an opportunity to refund the fee, it's simply continuing to see if it can refund the money based on compliance first, and if necessarily move on to plan B. Councilmember Nestande said it was her understanding that these items were included in the booklet that the Applicant provided to the City Council, but she didn't know exactly where to find it in the booklet. Further, she thought the resume of the artist was also included along with the two artist names. And on the third requirement, they are saying it's an original, which should suffice all the requirements. Mayor Pro Tem Jonathan replied that it may, but this was a document that was just given to the City Council, stating staff hadn't even had a chance to review it. Therefore, he felt it would be prudent to take a time out. 26 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 Additionally, he had great faith in staff because they've earned it, so he would like them to read over what has been provided and work with the Applicant to see if these issues can be resolved to the Applicant's and City Council's satisfaction. Mayor Pro Tem Jonathan called for the vote and the motion carried by a 3-1 vote (AYES: Jonathan, Kelly, and Weber; NOES: Nestande; ABSENT: Harnik). Mayor Pro Tem Jonathan asked staff to work with the Applicant to see if those issues can be resolved and return to the City Council as soon as possible. With City Council concurrence, Mayor Pro Tem Jonathan called for a recess of the meeting at 5:56 p.m . The meeting was reconvened at 6:03 p.m. B. REQUEST FOR APPROVAL OF MILLS ACT CONTRACTS FOR NOTED PROPERTIES IN SANDPIPER CONDOMINIUMS CIRCLES 11 & 12, PALM DESERT. Mr. Grance stated this was consideration for fifteen (15) Mills Act contracts for the various units located in Circles 11 and 12 of the Sandpiper Condominiums. The Mills Act allows the City to enter into a contract also known as the Mills Act Contract with an owner occupied or income producing properties for the purpose of protecting and preserving properties of historical significance. Circles 11 and 12 was designated a Historical District by City Council action approving Resolution No. 2013-28 on May 23, 2013. He noted the staff report and offered to answer questions. Mayor Harnik asked if the City would encounter any problems when the City is mandated to convert to drought tolerant landscape. Mr. Grance replied there wouldn't be a problem, because Circles 11 and 12 have already been converted. Councilmember Weber congratulated staff, because she knew this has been a project for some time, and it's quite an accomplishment to slowing turn all these units into historical areas. Mr. Grance thanked the City Attorney's office for going through all these contracts, because he knew it took a lot of hard work. Councilmember Weber moved to, by Minute Motion: 1) Approve the identified Mills Act Contracts for the Sandpiper Condominiums located in Circles 11 & 12, in accordance with Section 29.70.030 of the Palm Desert Municipal Code: 72487 El Paseo #1101, 72497 El Paseo #1106, 72499 El Paseo #1107, 72501 El Paseo #1108, 72475 El Paseo #1111, 72459 27 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 El Paseo #1201, 72461 El Paseo #1202, 72467 El Paseo #1205; 72439 El Paseo #1207, 72441 El Paseo #1208, 72443 El Paseo #1209, 72445 El Paseo #1210, 72447 Willow #1211, 72455 El Paseo #1215, and 72457 El Paseo #1216; 2) authorize City Manager and City Attorney to sign and execute the contracts. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). C. REQUEST FOR DIRECTION RELATING TO VARIOUS REHABILITATION STRATEGIES FOR THE PRESIDENT'S PLAZA PARKING AREA. Mr. Stendell thanked the City Council for the thoughtful discussion at the Study Session that took place prior to this meeting. This report is meant to be a follow up for action. Staff's recommendation is that the Council direct staff to implement Option No. 2, which is a 15- to 20-year improvement into the Capital Improvement Budget for the upcoming Fiscal Year 2017-2018 season. He said if the City Council desires to make any additions as discussed in the Study Session, this would be the appropriate time to do so. At the Study Session he heard ideas like enhanced landscaping, improving public areas, mechanisms to ensure future options for development tantamount to ownership, etc. Mayor Pro Tem Jonathan stated there were excellent issues being discussed at today's Study Session, but questioned if Council would still have an opportunity to evaluate if those issues and concerns have been resolved before the money is spent. In other words, does approval of staffs recommendation bind the City to spend the money even if a better option presented itself. Mr. Stendell said it was his understanding that step 1 was to identify a Capital Improvement Project as a project, and once identified and put into a budget, it becomes real. Up to this point everyone has talked about what it wants to do at President's Plaza, but it's not been formalized or put in the budget. As for design, staff can take numerous approaches, but identifying the dollar amount for a Capital Improvement Project was critical to getting it started correctly. Ms. Aylaian added that at each step of the way of the project, staff will come back to the City Council for approval of the architectural design services and/or authorization to put a project out to bid for award of the bid. Principally, staff was trying to get direction from the City Council on which of the three approaches it preferred that being the nominal fix, the midterm solution, which is the 15-year improvement, or the long-range and much bigger project of building a parking structure. Additionally, staff was informing the Council on how much money was going to be presented next month when it starts looking at the budget. 28 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 Councilmember Nestande said Mayor Harnik and Mayor Pro Tem Jonathan had some good suggestions that could be included in Option 2, adding she thought Council was still exploring it. Therefore, she questioned how those suggestions would fit in if they voted on Option 2. Ms. Aylaian replied that Mr. Stendell was proposing Option No. 2, subject to or in addition to whatever other options Council may want to include. She said staff can investigate methods of making the public easements tantamount to ownership, or subject to additional landscaping spaces being provided and/or subject to other amenities Councilmember Kelly explained that staff was putting a placeholder in the budget and she would favor simply adopting staff's recommendation as stated, understanding that staff will continue to work with the ideas that were put out on the table and return to the City Council as information is learned about practicality, because frankly, there isn't enough time to clearly formalize what extra conditions might be. The most that the City Council can do this evening is simply adopt staff's recommendation as stated. Councilmember Weber concurred. Mayor Hamik pointed out that Option 2 included complete reconstruction of the parking areas in approximately the same layout as it exists today. She agreed Council will want to look at options, because it doesn't just want to pave the area over, because there is a need for beautification in President's Plaza. She added that Option 2 included utility modifications, landscaping, trash/recycling, and ADA improvements; staff created an option and a line item of the amount needed. Therefore, she believed Councils concerns would be covered. Mayor Pro Tem Jonathan suggested that when making the motion it should clarify that it was accepting staff's recommendation, subject to ideas discussed at the Study Session, including the possibility of a parking structure. He didn't want to limit the project to just resurfacing the area, stating he thought the placeholder was great, but he wants to give staff the leeway to think outside the box, because he believed a vision is being developed. Mayor Harnik said she felt that Option 2 provided that leeway. MR. CHRIS SCHOENECK, Carlsbad, California, stated he was a property owner on El Paseo. He thanked the City Council for taking the time to review the current conditions of President's Plaza as possible improvements. He urged the City Council to take action this evening and vote yes to approve staff's recommendation to incorporate Option 2 into the Capital Improvement Budget for Fiscal Year 2017-2018. He said this project has been delayed for 10 years and the parking lot is past its useful life. He asked the City Council to help improve this wonderful asset. 29 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 Councilmember Kelly moved to, by Minute Motion, direct staff to incorporate Option No. 2, a 15- to 20-year improvement, into the Capital Improvements Projects for the upcoming FY 2017-2018 Budget. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). D. REQUEST FOR AWARD OF CONTRACT FOR THE MAINTENANCE YARD LIGHTING INSTALLATION (SOUTH END) PROJECT TO SIERRA PACIFIC ELECTRICAL CONTRACTING IN THE AMOUNT OF $57,000 (CONTRACT NO. C35760, PROJECT NO. 715-17). Landscape Supervisor Randy Chavez stated that when the maintenance yard was constructed, for whatever reason, lights weren't included in the south end of the yard, and staff is requesting that they be added. Councilmember Weber moved to, by Minute Motion: 1) Award subject contract for the Maintenance Yard Lighting Installation (South End) to Sierra Pacific Electrical Contracting, Jurupa Valley, California, in the amount of $57,000; 2) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $5,700; 3) authorize the Mayor to execute said contract — funding is available in Account No. 4504330-4400100 - Building Maintenance Fund. Councilmember Kelly asked if there were other security assets such as cameras, alarms, or was staff dependent on the lights scaring folks off. Mr. Chavez replied there are cameras on the building, but there are a lot of dark comers and the cameras only capture shadows, which is why these lights will be crucial in being able to see what's going on. Councilmember Nestande seconded the motion and it carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). E. REQUEST FOR AWARD OF CONTRACT FOR THE 2017 CITYWIDE PALM TREE PRUNING PROJECT TO ANDY'S LANDSCAPE & TREE SERVICE, INC., IN THE AMOUNT OF $98,245.30 (CONTRACT NO. C35910, PROJECT NO. 931-17) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Landscape Supervisor Randy Chavez stated this contract is to perform the annual pruning of Palm Trees, Date Palms, and Washingtonia Palms. Councilmember/Member Nestande shared she lived a mile away from Deep Canyon and neighbors have called her about wanting those palm trees trimmed. Responding to question, she said the palm trees were north of Fred Waring Drive on Deep Canyon where there is a half -mile stretch of palm trees that are very overgrown, so she was wondering if they were included in this contract. 30 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 Mr. Hargreaves said he didn't believe so, but staff was working on resolving that issue. Ms. Aylaian explained that those palm trees are under a Landscape & Lighting District that is significantly underfunded and staff is trying to work through that issue with the help of the City Attorney. Councilmember/Member Weber moved to, by Minute Motion: 1) Award subject contract for the 2017 Citywide Palm Tree Pruning Project to Andy's Landscape & Tree Service, Inc., Palm Desert, California, in the total amount of $98,245.30 (City - $88,157.85, Housing Authority - $10,077.45); 2) authorize Director of Finance to set aside an additional 10% contingency in the total amount of $9,824.53 (City - $8,815.79, Housing Authority - $1,007.74); 3) authorize Mayor/Chairman to execute the contract — funds are available for the portion of the contract relative to the City and Assessment Districts in Parks and Recreation Account Nos. 1104610-4332001, 1104611-4332001, and 1104610-4337100, Repair/Maintenance Medians Account No. 1104614-4337001, Desert Willow Account No. 4414195-4332000, and Assessment District Fund 200 Accounts; and for the Housing Authority, funds are set aside in the FY 2016-2017 and proposed FY 2017-2018 Housing Authority Operating Budgets. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). F. REQUEST FOR AWARD OF CONTRACT FOR THE 2017 CITYWIDE TREE PRUNING PROGRAM TO WEST COAST ARBORISTS IN THE AMOUNT OF $284,690 (CONTRACT NO. C35920, PROJECT NO. 932-17) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Landscape Manager Randy Chavez said this contract is for the annual pruning of the hardwood and broadleaf trees. Councilmember/Member Nestande moved to, by Minute Motion: 1) Award subject contract for the 2017 Citywide Tree Pruning Program to West Coast Arborists, Grand Terrace, California, in the total amount of $284,690 (City - $227,654, Housing Authority - $57,036); 2) authorize Director of Finance to set aside an additional 10% contingency in the total amount of $28,469 (City - $22,765.40, Housing Authority - $5,703.60); 3) authorize Mayor/Chairman to execute the contract — funds are available for the portion of the contract relative to the City and Assessment Districts in Parks and Recreation Account Nos. 1104610-4332001, 1104611-4332001, and 1104610-4337100, Repair/Maintenance Medians Account No. 1104614-4337001, Desert Willow Account No. 4414195-4332000, and Assessment District Fund 200 Accounts; and for the Housing Authority, funds are set aside in the FY 2016-2017 and proposed FY 2017-2018 Housing Authority Operating Budgets. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). 31 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 G. REQUEST FOR SUPPORT OF PARTICIPATION IN THE REGIONALIZATION OF THE HOMELESS COMMUNITY OUTREACH RESOURCE PROGRAM (CORP) AND PALM DESERT'S PARTICIPATION IN THAT PROGRAM, AS WELL AS OTHER PROGRAMS AVAILABLE TO HOMELESS PERSONS. Ms. Riddle stated this request is for Palm Desert and CVAG's participation in the Community Outreach Resource Program better known as CORP. The Program is about assisting homeless persons that wish to reintegrate back into society. Homeless persons wishing to participate, must agree to enter a facility such as ABC Recovery Center or Martha's Village & Kitchen. She said there are programs that address their specific needs, and in order to be considered for the Program, potential participant appear before a panel and their individual situations are reviewed. The panel then makes a decision on whether they are eligible to participate, and if they graduate from the program, certain fines and fee are dismissed. The Courts don't have an issue with this, because homeless individuals usually don't have the ability to pay or go to Court anyway, so this was a benefit to all. The Program has been successful in that 89 of 99 participants have graduated from the Program. Additionally, CORP will address two areas of the City's Strategic Plan. One is under Land Use and Housing Priority 1 - Enhance Palm Desert as a first-class destination for premier shopping and national retail businesses. Since homeless tend to reside within the commercial areas, participation in the program would be beneficial, because they would be in a facility and off the streets. The other strategic goal is under Public Safety and Emergency Services - Priority 1 - Enhance the delivery of Public Safety Services. She said CORP provides another tool for City and police to address homelessness, which would enhance public safety services. At the last CVAG Homelessness Committee Meeting, a majority of city representatives voted in favor of participation. Mayor Pro Tem Jonathan thanked Ms. Riddle for attending all the Committee meetings and for investing in the process, which he appreciated. He added that the review panel is composed of members from the District Attomey's Office, Public Defender's Office, Probation Department, and a sitting judge, and they are empowered to forgive fees and fines, including rescinding warrants, which is very important for a homeless person who wants to reenter society, because now they are able to get a driver's license and a job. One of the many reasons that the Program is so effective is that it lends itself to two other elements in the Envision Palm Desert and Strategic Plan, under Land Use, it also helps Palm Desert create a mix -use City core integrating shopping, dining, lodging, and housing, because the Tess homeless in the City core, the greater opportunity for it to develop and succeed. Additionally, under Public Safety, he believed Objective No. 2 was met, which is to create methods of preventing crime, especially through expanded community participation, and this is a community outreach 32 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2017 Draft program. On many levels, he believes the Program will enhance the City, and if approved, he would be proud of the City for taking a proactive approach to helping people who want to be helped and for addressing the concerns that have been expressed by the residents and businesses. Mayor Pro Tem Jonathan moved to, 1) by Minute Motion, authorize City of Palm Desert's: a) Support of Coachella Valley Association of Government's (CVAG) intent to participate in the Regionalization of the Homeless Community Resource Program (CORP); b) participation in CORP and other programs available to homeless persons; 2) waive further reading and adopt: a) Resolution No. 2017-28, proclaiming support for Community Outreach Resource Program (CORP) expansion in the Coachella Valley Region; b) Resolution No. 2017-29, proclaiming support for CORP implementation in the City of Palm Desert. Motion was seconded by Harnik. Mayor Hamik commented that the Program was aligned with City of Palm Desert values. MS. LAURIE BALDWIN, President/CEO of the Palm Desert Chamber of Commerce, read a letter of support, which is of record and filed in the City Clerk's Office. The letter expressed support from city businesses for Resolution No. 2017-28, and Resolution No. 2017-29 to expand the Community Outreach Resource Program throughout the Coachella Valley and to implement the Program throughout Palm Desert. The Palm Desert Chamber of Commerce and Board of Directors believe that homelessness in many areas of Riverside County has reached epidemic levels. The City of Indio created and implemented its CORP under the guidance of former Chief of Police Richard Twiss with exceptional success. The Chamber wholeheartedly supports the City of Palm Desert and the Coachella Valley Association of Governments efforts to embrace the template created by the City of Indio's CORP. She said the citizens and business community will realize the benefits of the Program through the resulting improvement in the quality of life. The Chamber is proud to be part of these efforts and asked that their letter of support be added to the minutes and accepted. Mayor Harnik called for the vote and the motion carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). XVI. CONTINUED BUSINESS None XVII. OLD BUSINESS None 33 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING XVIII. PUBLIC HEARINGS Draft MARCH 23, 2017 A. REQUEST FOR APPROVAL OF HISTORIC DISTRICT DESIGNATION FOR SANDPIPER CONDOMINIUMS CIRCLES 5 THROUGH 10, LOCATED ON EL PASEO, AS A LOCAL HISTORIC DISTRICT, Case No. CRPC 16-01. Mr. Grance stated that the proposed Resolution is requesting the City Council consideration in approving Historic District Designation for Sandpiper Condominiums Circles 5 through 10. On January 31, 2017, the Cultural Resources Preservation Committee at its regularly scheduled meeting conducted a public hearing and unanimously recommended nominating the Sandpiper Condo's Circles 5 through 10 for Historic Designation. Sandpiper Condominiums Circles 5 through 10 were completed in 1961 through 1964 by the Los Angeles based architectural firm of Palmer & Krisel, which exhibit numerous stylistic markers that place them directly in the historic context of Palm Desdert's Modern Period. Further, Circles 5 through 10 are an excellent example of multi -family residential development in Palm Desert in the mid-1960's. The 96 units and 48 buildings that comprise Circles 5 through 10 reflect a coherent vision of modernistic architecture rarely found anywhere else in the United States. The siting of the building in Circles 5 through 10, and the landscape architecture further reinforce a coherent modemistic architectural vision that successfully created a leisure lifestyle of carefree desert living. The site planning of Sandpiper in a pinwheel configuration around a central hub and its greenbelt concept, draws a 19' century bridge planner Ebenezer Howard's Garden City. Howard's concept envisioned a world where the best of city and rural life is combined to create a utopian environment. He espoused the need for green belts in an effort to reduce congestion and to create a healthy environment in which to live. Palmer & Krisel expands Howard's tenet by creating an environment free from cars, a popular symbol of urban distress. The site planning re- examines not only urban but suburban living. Palmer & Krisel deftly sited all vehicular roads and carports on the perimeter of each circle, and their building turns their fronts away fron the street. The front porch no longer faces the street, but is moved to look onto a green belt. In this, the pool becomes the new streetscape or social gathering place for the complex. The Sandpiper Condominiums Circles 5 through 10 located on El Paseo meets the following designation criterion as contained in the City's Cultural Resources Preservation Ordinance, and is hereby worthy of preservation and designation as a Local Historic District: A) Exemplifies or reflects special elements of cultural, social, economic, political, aesthetic, engineering, architectural, or natural history; B) Reflects distinctive examples of community planning or significant development pattems, including those associated with different eras of settlement and growth, agriculture, or transportation. He said Circles 11 & 12 are currently designated Historic District No. 4, which was approved by the City Council on May 23, 2013. The 34 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 proposals for Circles 5 through 10 would in effect redraw the current Historic District boundaries to include Circles 5 throughl0. Mayor Harnik declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. With no public testimony offered, the public hearing was declared closed. Councilmember Nestande moved to waive further reading and adopt Resolution No. 2017 - 30, reaffirming the action of the Cultural Resources Preservation Committee, designating the Sandpiper Condominiums Circles 5 through 10, located on El Paseo, with a Historic District Designation, in accordance with Section 29.50.010 of the Palm Desert Municipal Code. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). B. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT 98-1 (DA 98-1) FOR MARRIOTT SHADOW RIDGE LOCATED AT 9003 SHADOW RIDGE ROAD, THUS EXTENDING THE TERM BY 10 YEARS THROUGH DECEMBER 10, 2030, Case No. DA 98-1. Amendment No. 1 (Marriott Ownership Resorts, Inc., Applicant). Assistant Planner Heather Buck stated that Marriott Shadow Ridge is a timeshare design project of approximately 1,000 units, located east of Monterey Avenue between Frank Sinatra and Gerald Ford Drive. In 1998, the City Council approved a Development Agreement (DA) with Marriott Shadow Ridge for development of the 1,000 units. In 2015, the Planning Commission approved a two-year extension of that DA, extending the deadline for build -out to 2020. To date, approximately 600 units have been built and there are 400 remaining. Marriott has informed the City that they will not be able to meet the 2020 deadline and is requesting a 10-year extension through 2030. This item went before the Planning Commission on February 21 and unanimously recommended approval to the City Council. Commissioner Gregory noted that the economy had certainly taken a hit and would like to be more optimistic about the recovery, but he understood the Applicant's request. Mayor Pro Tem Jonathan asked if a 10-year extension was a reasonable request, because it seemed like a long time to him. MR. STEVE HABARADES, Senior Director for Marriott Ownership Resorts, Inc., responding to Mayor Pro Tem Jonathan's question, said they have 430 timeshare villas left to develop around the existing golf course. He recalled for the Council that in 2009 there was a very impactful economic downturn that affected Shadow Ridge, but also their overall company's development plan. As such, in order to recover they had to adjust their business plan going forward. Marriott Ownership Resorts is committed to Shadow Ridge and to being a member of the City of Palm Desert. What they are doing now 35 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 is slowing developing in incremental pieces over the ten years, so instead of doing 120 units at a time, they are now strategically building 40 to 45 timeshares at a time. It's a smaller development but more continuous, stating it was more feasible from a financial perspective to execute. Further responding, he confirmed that it will take the additional 10 years to complete the remaining units. Mayor Harnik declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. With no public testimony offered, the public hearing was declared closed. Councilmember Nestande moved to waive further reading and pass Ordinance No. 1320 to second reading, upholding Planning Commission Resolution No. 2689 and approving Amendment No. 1 to Development Agreement 98-1 (DA 98-1), thus extending the term by 10 years through December 10, 2030. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Hamik; NOES: None). XIX. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager's Meeting Summaries Report forthe Period of February 27- March 10, 2017. With City Council concurrence, the Meeting Summaries Report was received and filed. B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of City Council Study Session - Thursday, April 13, 2017, at 2:00 p.m., Administrative Conference Room, regarding the Quiksilver Development Proposal at Desert Willow Golf Resort. Ms. Klassen called attention to the scheduling of the Study Session, and Councilmembers so noted. D. PUBLIC SAFETY 1. Fire Department None 36 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft MARCH 23, 2017 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Susan Marie Weber's Meeting_ Summaries Report for the Period of February 27-March 12, 2017. With City Council concurrence, the Meeting Summaries Report was received and filed. 2. City Council Requests for Action: None 3. City Council Consideration of Travel Reauests and Reports: None XX. ADJOURNMENT With City Council concurrence, Mayor Harnik adjourned the meeting at 6:50 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JAN C. HARNIK, MAYOR 37