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HomeMy WebLinkAbout2009-01-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 8, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:03 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Jim Ferguson Mayor Pro Tem Cindy Finerty Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: Justin McCarthy, Interim City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 627-092-005 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Jeffrey D. Bancroft Under Negotiation: x Price x Terms of Payment 2) Property: APN 627-092-007 (73-341 San Benito Circle) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Donna M. Matson Under Negotiation: x Price x Terms of Payment 3) Property: APN 627-092-008 (73-361 San Benito Circle) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Lucia Rodriguez Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, LTD., v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager Mr. Erwin requested the City Council's consideration of adding two cases of existing litigation to the agenda for Closed Session: 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): b) City of Irvine v. Southern California Association of Governments c) Jaroslaw Paluha and Joseph A. Barraco v. City of Palm Desert, Riverside County Superior Court, Case No. INC 077804 Councilman Ferguson also asked that a review of the City Attorney position be added to the Closed Session: Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney Upon a motion by Ferguson, second by Finerty, and 5-0 vote of the City Council, the aforementioned items were added to the agenda for Closed Session consideration. On a motion by Ferguson, second by Spiegel, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:05 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jean M. Benson VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MR. KENNETH DORAN expressed his displeasure with the City Council for appointing John Wohlmuth to the City Manager position without an open recruitment. He referred to an envelope in his hand, which he said was dated and mailed May 23, where he indicated what had just occurred —automatic appointment of Mr. Wohlmuth. He added that he would continue to attend City Council Meetings and repeat this information until things were done correctly. Further, when Mr. Wohlmuth attends his first meeting as City Manager, he promised to have the media present and open the aforementioned envelope. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 MR. DAVID HUNSICKER, Palm Desert, read a letter on behalf of the Palm Desert Greens Democratic Club, which had passed a resolution to request that the City Council televise its proceedings for all interested residents. (Letter was received for the record and is now on file with the City Clerk's Office.) MR. HENRY HOYLE said he was a longtime Paim Desert resident and businessman. He was also present on behalf of the Palm Desert Greens Democratic Club and in full support of the remarks just presented by Mr. Hunsicker. He said the Club met again this morning for the purpose of requesting that City Council Meetings be televised, noting that five of the seven cities in the Coachella Valley presently televise their meetings. He observed that even if they were broadcast at an odd hour of the day, those who were interested would be able to record the telecasts for later viewing and be able to stay informed. MS. NANCY WEAKLEY, on behalf of the College of the Desert (COD) Foundation Auxiliary, stated she was 2"d Vice President of the Board, responsible for Ways and Means, and she thanked the City of Palm Desert for its generous support of COD's 50th anniversary and the Foundation's 25th anniversary. She called attention to the postcard invitation she provided to City Councilmembers for the COD Foundation Auxiliary's Annual Fund-raiser and community event, "One Enchanted Evening II," noting that many of them attended and supported last year's event associated with the very successful "Man About Town." This year it would be held at the McCallum Theatre, benefiting "Bridges To Success," the K-to-College-to-Career initiative, and include the McCallum Theatre's "Open Call" finalists. She noted COD's importance to the Palm Desert community, where over 10,000 students were prepared for jobs here, including nursing, retail, tourism, food, hospitality, and security. She asked for the City Council's help in promoting the event, with tickets available for $175/person for premiere seating and pre -performance reception at the Theatre beginning at 6:00 p.m. on Wednesday, January 28, followed by the performance at 7:00 p.m. Tickets are available by phone or online at the McCallum Theatre, and sponsorship packets are available either from her or from College of the Desert Foundation. MS. MEGAN FOSTER of Paim Desert, along with her daughter, addressed the City Council about their concern after reading this morning's newspaper article, indicating that the swimming pool project may not move forward. She said they believed that a community swimming project was important for both the children and for the health of all Palm Desert residents. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE PALM DESERT CITY COUNCIL BY QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE 2009 RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL. MS. BARBARA CRESON, "Queen Mom," presented the Queen's Court: MS. MADI DiPIETRO, Queen Scheherazade; MS. STACYJONES Princess Dunyazade; and MS. AMARIZ MENDOZA, Princess Jasmine. Each of the ladies greeted the Agency Board/City Council and personally invited them and all present to visit and enjoy the upcoming Fair, February 13-22, highlighting the many events and activities to be held there this year. They also thanked the City for its continued support of the Fair and provided brochures and lapel pins to the City Councilmembers. B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — DECEMBER 2008. On behalf of the City Council, Mayor Spiegel and Mr. McCarthy recognized Shawn Kilpatrick for his service above and beyond the call of duty; although, he was unable to be present at the meeting to be honored today. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of November 27, 2008, December 11, 2008, and December 25, 2008; the Continued Adjourned Regular Joint Meeting of the Palm Desert City Council and Palm Desert Redevelopment Agency of November 24, 2008; and the Special City Council Meetings of December 16, 2008 (2). Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 61, 81, 98, 128, 129, 134, and 138. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of September 2008 and October 2008 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Cook Liquor, 74-836 Technology Drive, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Olive Garden Italian Restaurant #1323, 72-225 Highway 111, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Library Promotion Committee Meeting of October 22, 2008. 2. Public Safety Commission Meeting of November 12, 2008. 3. Youth Committee Meeting of November 3, 2008. Rec: Receive and file. G. LETTER OF RESIGNATION from Kristi Hanson - Architectural Review Commission. Rec: Receive with very sincere regret. H. REQUEST FOR ACCEPTANCE of Vacancy on the Library Promotion Committee — Lawrence J. Guzzetta, Jr. Rec: By Minute Motion, recognize the vacancy in the term formerly held by Lawrence J. Guzzetta, Jr., (12/31/10) on the Library Promotion Committee. I. REQUEST FOR DECLARATION of Surplus Vehicles and Miscellaneous Public Works Equipment and Authorization for Disposal. Rec: By Minute Motion, declare the equipment and vehicles listed on the accompanying staff report's exhibits as surplus and authorize disposal as proposed. J. REQUEST FOR DECLARATION of Surplus Computer Equipment and Accessories, Miscellaneous Items from Information Systems, and Authorization for Disposal. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as appropriate. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 K. REQUEST FOR AUTHORIZATION for the Redevelopment Agency Chairman to Execute a Quitclaim Deed Conveying Various Parcels Within the Entrada del Paseo Project from the Agency to the City of Palm Desert (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, authorize the Redevelopment Agency Chairman to execute a Quitclaim Deed conveying various Entrada del Paseo Parcels to the City of Palm Desert and the City to accept same. L. REQUEST FOR AUTHORIZATION to Reject All Bids for the Purchase of 13 Dedicated CNG Alternative -fuel Pick-up Trucks. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. M. REQUEST FOR APPROVAL of Contract with StateNet for Legislative and Regulatory Reporting Services (Contract No. C28430). Rec: By Minute Motion, approve the subject contract with StateNet, Sacramento, California, in the amount of $1,890 to provide legislative and regulatory reporting services, and authorize the Mayor to execute same — funds are available in Account No. 110-4112-410-3060. N. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C27070 — Engineering Services for Assessment District No. 2004-02 (Section 29). Rec: By Minute Motion, approve Change Order No. 1 in an amount not to exceed $5,000 to the subject contract with MSA Consulting, Inc., Rancho Mirage, California, for ongoing professional engineering support services for Assessment District No. 2004-02 (Section 29) and authorize the Mayor to execute same — funds are available in Account No. 469-4350-433-4001. O. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C28270 — City-wide Replacement of Data Network Cabling. Rec: By Minute Motion: 1) Approve Amendment No. 1 in the amount of $2,338.63 to the subject contract with Adept Communications, La Quinta, California, for the termination and replacement of current fiber optic cabling within City Hall and installation of Cat 5e cabling within the Parks & Recreation Satellite Office, and authorize the Mayor to execute same; 2) transfer $2,338.63 from contingency to base for the project. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26960A — Palm Desert Mobile Estates Landscape Screening Project (Project No. 695-08) (Leon's Landscaping, Thousand Palms, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Q. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C27830 — Civic Center Heat Pump Replacement Project (Hugh Hoard, Inc., Palm Desert, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. R. REQUEST FOR AUTHORIZATION to Establish an "Adopt -A -Highway" Volunteer Services Program in the City of Palm Desert. Rec: By Minute Motion, establish an "Adopt -A -Highway" Program, allowing citizens and citizen groups to provide litter removal on a volunteer basis. S. REQUEST FOR APPROVAL of the Expenditure of CaICOPS Funds for Palm Desert Police Department Motor Officers. Rec: By Minute Motion, approve an expenditure in the amount of $2,700 of Fiscal Year 2008-2009 CaICOPS Funds to purchase safety glasses and gloves for Palm Desert Police Department Motor Officers. T REQUEST FOR RATIFICATION of the Acceptance of the California Office of Traffic Safety - "Sobriety Check Point Mini Grant." Rec: By Minute Motion, ratify the City Manager's acceptance of a "Sobriety Check Point Mini Grant" in the amount of $20,328 provided by the California Office of Traffic Safety. U. INFORMATIONAL ITEMS: 1. Update on the Process of Sustainability Planning and Greenhouse Gases Inventory for the City. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 2. Report on the Processing of a Signage Ordinance Update. Rec: Receive and file. Councilman Ferguson asked that Item U-1 be removed for separate consideration and Mayor Spiegel requested Item L be removed for separate consideration. Upon a motion by Finerty, second by Kelly, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER L. REQUEST FOR AUTHORIZATION to Reject All Bids for the Purchase of 13 Dedicated CNG Alternative -fuel Pick-up Trucks. Mayor Spiegel stated the bids received were non -responsive and wondered if the re -bid could be delayed for a year because the funds would have to come out of the General Fund. He said the purchase of 13 trucks would be $500,000, which was a lot of money. Mr. Greenwood responded the City was several years behind in purchasing vehicles. The City averaged purchasing four or five per year, but because of the difficulty in acquiring CNG vehicles, the City was that far behind. He said if the City didn't purchase the trucks now, by next year it will be 20 vehicles behind. It was staffs recommendation to reject all bids because they were non -responsive and wait for the 2009 CNG trucks to become available to purchase them. Further responding, he hoped the new bids would be better than the last one's received. Councilman Ferguson moved to, by Minute Motion: 1) Declare all bids for the purchase of 13 dedicated CNG alternative -fuel pick-up trucks non -responsive; 2) direct staff to re -bid for vehicles when the California Air Resources Board approves certification for the 2009 Ford F-150 Model Trucks. Motion was seconded by Kelly and carried by a 5-0 vote. U. INFORMATIONAL ITEMS: 1. Update on the Process of Sustainability Planning and Greenhouse Gases Inventory for the City. Councilman Ferguson stated this item had to do with the City's Greenhouse Inventory, which he didn't understand and questioned how interviewing people in the community would help the City arrive at an objective number. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 He thought it had something to do with a carbon footprint dating back to 1990. Ms. Aylaian explained the contract with EcoMotion had three different components: Greenhouse Gas Assessment, Development of the City's Sustainability Plan, and Consultation on Energy related issues. She said the Sustainability Plan was the one that involved interviews with members of the Community, in particular the Business Industry Association (BIA) members, builders, and architects for the Green Construction Ordinance. The Sustainability Plan will have a ripple impact on a number of different constituent voices within the community. She said interviews were not being done for the Greenhouse Gas Inventory. She said all components of the contract were related to sustainability, and because EcoMotion consulted in all these areas, the City covered several different services under a single contract. Councilman Ferguson asked how far along was the City in establishing its carbon footprint from 1990. Ms. Aylaian replied all the work under this Agreement was expected to be completed by June 2009. She confirmed the target was unknown at this time because the City didn't know what the footprint was. Councilman Ferguson stated he assumed all the efforts for the past three years with the City's Energy Program would count retroactively against the 1990 footprint. Ms. Aylaian agreed. She said staff will look at the current footprint and start working back from that number and eventually measure against the earlier levels, but the establishment of the earlier levels was a theoretical exercise, because there were no measurements taken at that time. Councilman Ferguson moved to receive and file. Motion was seconded by Spiegel and carried by a 5-0 vote. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 For Adoption: A. ORDINANCE NO. 1177 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 573, INCREASING THE NOTICE OF APPEAL PERIOD FOR THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FROM 15 DAYS TO 90 DAYS FROM IMPOSITION OF THE FEE. Councilman Kelly moved to waive further reading and adopt Ordinance No. 1177. Motion was seconded by Finerty and carried by a 5-0 vote. B. ORDINANCE NO. 1179 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REINSTITUTING SECTION 9.24.065 - PARKING LOT SWEEPERS TO CHAPTER 9.24 - NOISE CONTROL OF THE PALM DESERT MUNICIPAL CODE. Councilman Kelly moved to waive further reading and adopt Ordinance No. 1179. Motion was seconded by Finerty and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR CITY COUNCIL REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION ACTION TO APPROVE A REQUEST FOR COLOR CHANGE FOR THE TILTED KILT RESTAURANT LOCATED AT 72-191 HIGHWAY 111, PALM DESERT Case No. MISC 08-453 (Brad Hughes, Applicant). Assistant Planner Kevin Swartz stated the Tilted Kilt was located on the southwest corner of Highway 111 and Park View Drive within the Las Sombras shopping center. The building had been occupied by many tenants over the years, with the last tenant being South Beach. The Applicant repainted the exterior of the building without obtaining approval per Section 25.56.512 Exterior Modifications. The Applicant painted the base of the building, fence, bollards, rafters, and siding, a reddish color called "Dark Red" without City approval. Code Enforcement issued a "Stop Work Notice," and told the Applicant he needed approval from the Planning Department or the Architectural Review Commission (ARC) to modify the building's paint color. The Applicant met with staff to explain that he painted the building a dark red, and he wanted to incorporate a green trim. Without seeing the green trim, staff believed the dark red color was too strong by itself, and it needed to be approved by the ARC. Staff also suggested the bollards and fencing should be painted a different color to deter from the strong dark red color. On November 25 the ARC reviewed the proposed color scheme for the Tilted Kilt Restaurant and believed it would improved the appearance of 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 the building; however, some Commissioners liked the dark red. One Commissioner stated the green trim would help break up the dark red, and that in addition, if the Applicant painted the fence and bollards a dark brown to match the roof material, the dark red would be acceptable as a primary color. The Commission voted on that recommendation and it was approved on a 4-3 vote. The Applicant finished painting the building dark red, including the "Wilderness Green" for the trim. He displayed photographs taken from different angles of the restaurant, and pointed out the Applicant had also submitted a sign proposal that was approved by the ARC, which complemented the new color. Staff recommended the Council reaffirm the ARC decision. He displayed pictures of what the finished product would look like if the Applicant went ahead with the ARC recommendations. Responding to question, he displayed the sign proposal and stated the measurement of the sign was 3' x 7', and stated the establishment was entitled to have three signs. Further responding, he confirmed the Applicant was willing to make the changes to minimize the dark red. Councilman Ferguson asked if the Architectural Review Commission was suggesting the Applicant repaint the restaurant from its current configuration. Mr. Swartz responded this item was actually called up by the City Council. Mayor Pro Tem Finerty stated she called this item up because she thought the color was too dark, and it was a 4-3 vote by the ARC. She thought adding more green and brown to help break up the massive dark red would be helpful. It was an ARC consideration to change out the red for the green, particularly in front of the restaurant, which she thought would make the building more attractive. Councilmember Benson stated she drove by the building, and she didn't object to the dark red especially if they were willing to add the green trim and brown color, because it would then blend in with the rest of the Center. She said if the Applicant was willing to replace one color for another, it would be fine with her. Mr. Swartz interjected and stated the ARC approved the Applicant's requests with the condition that the fence and bollards be painted dark brown. Councilman Ferguson said he liked it's current look. He said previously South Beach stuck out like a sore thumb, and the building now blended in with the natural landscape and trees, and it looked like a chalet that fit in perfectly. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 Responding to question, Mr. Swartz said the fencing was currently not brown, and confirmed the photograph shown to Councilman Ferguson was how the building would like with the recommended changes. Councilman Ferguson stated he was referring to the photograph that was taken this day. Councilman Kelly agreed with Councilman Ferguson, stating he didn't have a problem with the dark red. MR. MICHAEL SPENCER, Operations Manager for Tilted Kilt and President of Desert Kilt Incorporated stated he appreciated all the work Mr. Swartz had done for this presentation. He said the current state of the building was an improvement to the previous look and noted he had never been in South Beach or met Mr. Brad Hughes before. He said the Applicant made a tenant improvement on his own, but now that they were here and in process, they wouldn't have to go through this situation again; future changes will be done through the ARC first. He said they liked the building's current state, and changing the fencing to brown would actually make the building darker, and it was their intention to detract from the roof. In the future they may have to repaint for maintenance, and at that point in time, they would be happy to re -present colors, but they would prefer to move forward by leaving the building in its present condition. Councilman Ferguson moved to, by Minute Motion, approved the color scheme of the Tilted Kilt Restaurant as presented at this meeting. Motion was seconded by Kelly and it carried by a 4-1 vote, with Finerty voting NO. B. REQUEST FOR APPROVAL OF $350,000 IN FACADE ENHANCEMENT PROGRAM CONSIDERATION FUNDS TO CHURCHILL PACIFIC FOR "THE SHOPS ON EL PASEO" NORTH AND SOUTH, LOCATED AT 73-080 AND 73-061 / 73-081 EL PASEO (Churchill Pacific, Applicant). Project Administrator Bryce L. White stated these properties were located on El Paseo between Highway 74 and Ocotillo Drive. There were seven storefronts on the south side occupying the entire block, and on the north side of the street were five storefronts occupying 70% of that particular block. He said Improvements were made prior to requesting assistance from the Facade Enhancement Program. The investment made by the owner was approximately $6.7 million, which was recently reviewed at the Retail Committee, and they recommended funding $350,000. Councilman Ferguson asked what was the owners original request. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 Mr. White responded one time prior to going through the Facade Enhancement Program the request was an excess of $1 million. Responding to question, Mr. McCarthy said the original request was approximately $2 million all -in, but in the Applicant's defense, it was a larger project that covered other things. Later the Applicant submitted a request for approximately $800,000. However staff recommended a lesser amount to the Retail Committee, and after review and deliberation, the Retail Committee recommended $350,000. Responding to question, Mr. White said the Facade Enhancement Program was budgeted for the past year, and the funds came from the General Fund. Mayor Pro Tem Finerty noted the City was approaching a $4 million shortfall this year, and although she appreciated Churchill Pacific efforts in bringing great stores to El Paseo, she believed market studies had been conducted by the high -end retailers prior to coming to El Paseo, and Churchill Pacific would be compensated by the monthly rent. She said the Applicant's request was after the fact, and she couldn't take money out of the General Fund when the City had a shortfall. MR. FRED FERN, Chairman of Churchill Management and Churchill Pacific stated he knew this project was not new to the Council, because he's been talking about it for seven years. He thanked everyone involved, in particular staff, Mr. White, and Mr. McCarthy who had been wonderful in helping him to think the project through and do it right. When they decided to upgrade, it was felt there was a need to bring stores to the entrance of El Paseo that would be destination stores, and when they went into the demographic work, they realized there was a chance to obtain luxury grants to take El Paseo to a whole new level, and it blew the price through the roof. He said they had investors involved, so they had to do it in a proper and classy way, but it was difficult to put the project together. They originally started working from another program and ended up in the Facade Enhancement Program because they wanted to do it right. He said this was the third upgrade, but the others were minor compared to this one because it went far beyond a normal upgrade, which was quite dramatic. He hoped the Council liked what was accomplished because it helped any and all concerned. He said even though it appeared the project was complete, it wasn't. He said facade improvements would be completed in the summer, and there were still thousands of dollars to be spent to finish out the project. He offered to answer questions. Councilman Kelly said he would explain his decision on this item for the benefit of the audience. He said everyone understood what the Facade Enhancement Program was all about and that possibly the program had 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 been abused somewhat, but on the other hand, the program was a tool to make Palm Desert a better place and improve the economic viability of the City. There was no doubt that what Mr. Fern had accomplished with this project was a huge improvement with the high -end stores. He noted the City had given funds to several other projects recently because the Council believed they had reached that same goal, and although the Applicant applied after the fact, he was inclined to vote for approval. Councilman Ferguson agreed with Councilman Kelly, but he objected to calling it a Facade Enhancement. He said this project was redevelopment because it was taking older buildings and putting a fresh look on them. He had just come from a study session where numbers like $30 million was discussed for two retailers (Nordstom and Neiman Marcus), and this project provided the City with a Gucci, Ralph Lauren, a substantial make -over of California Pizza Kitchen, and The Daily Grill. He said Mr. Fern and Churchill Management had done a great job, and it made El Paseo look really classy that $350,000 in assistance from the City was a no-brainer. Councilmember Benson agreed with Councilman Ferguson and Councilman Kelly's comments, yet she pointed out, it would be Mr. Fern's last request for assistance from the City. Mayor Spiegel noted he and Councilmember Benson were members of the Retail Committee, and when this item was presented to the Committee, it was enthusiastically approved. Councilman Kelly moved to, by Minute Motion, approve $350,000 in Facade Enhancement Program Consideration Funds to Churchill Pacific for "The Shops On El Paseo" North and South, located at 73-080 and 73-061 / 73-081 El Paseo — funds are available in Account No. 400-4800-454-3875. Motion was seconded by Ferguson and carried by a 4-1 vote, with Finerty voting NO. C. REQUEST FOR APPROVAL OF DESIGN AND AWARD OF CONTRACT FOR CONSTRUCTION OF THE MONTEREY AVENUE MEDIAN ART PIECE SCULPTURE (CONTRACT NO. C28440, PROJECT NO. 937-06). Mr. Greenwood stated staff would like to change the request and recommendation to merely have Council approve the art piece in concept, without approving a construction contract, and without obligating any funds on construction. This project initially started back in July 2005 when the Federal Government advertised the availability of Transportation Enhancement Funds. The City applied for a grant and received approximately $575,000. In order to obtain the full $575,000, the City was obligated to spend approximately $78,000. During the scoping of the project, staff strived to do the best job that was possible, but the cost of the project 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 as proposed escalated to $1.2 million. Given current budget situation, staff would like the opportunity to re -think the project and scope it in a way that would take advantage of the Federal funds and minimize City expenditure. Staff hoped to present the art piece today to gain Council approval on the piece itself and return in a few weeks with a revised scope for the entire project. Responding to question, he said the deadlines were tenuous at this time. Staff applied to Caltrans to move ahead with the project and once approved, the City had six months to award the project. He reiterated staff was attempting to maximize the Federal funds and minimize the City's funds. He confirmed this sculpture had gone through the Architectural Review Committee and Landscape Beautification Committee. Landscape Manager Spencer Knight introduced Mr. Heath Satow, the contractor who designed the sculpture and would also construct it. MR. HEATH SATOW stated the art piece was a one-piece sculpture with several elements, and it was based on the American Kestrel, which was a bird common to this area. Mr. Satow is also the designer of the lizard sculpture located at the corner of the Monterey median where this piece would lead up to. The sculpture will be made out of stainless steel, 12' x 12' high, and it would be supported by a rusted metal rock, which is the same type used for the lizard sculpture. He displayed photographs of the art piece and the feather elements that would go between the plants along the median. Responding to question, Mr. Greenwood said Council would be approving the art piece concept only, and it was not committing to construction of it until staff could actually finalize the scope. Mayor Pro Tem Finerty stated she liked the art piece because it was something she could recognize. She thought the piece flowed nicely down the street, and appreciated staffs willingness to save General Fund dollars, which she thought was very important. Mayor Pro Tem Finerty moved to, by Minute Motion, conceptually approve the proposed art piece sculpture for the Monterey Avenue Median Project as presented and continue remainder until such time as staff has finalized the Project with minimized costs. Motion was seconded by Kelly and carried by a 5-0 vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 D. REQUEST FOR APPROVAL OF UPDATED MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE BUREAU OF LAND MANAGEMENT (BLM) AND THE CITY OF PALM DESERT FOR THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT VISITOR CENTER (CONTRACT NO. C28450). Councilman Kelly moved to, by Minute Motion, approve: 1) Updated MOU between the BLM and the City of Palm Desert; 2) payment to the BLM for services in an amount not to exceed $55,000 annually; 3) annual cost -of -living increase for said services. Motion was seconded by Ferguson. Mayor Spiegel asked if he was correct in that the Bureau of Land Management (BLM) had funding for 1.5 employees, and the City was paying for half. Parks and Recreation Services Manager Janis Steele noted Mr. Jim Foote, BLM Monument Manager was present. She said the BLM had five patrol officers in the Coachella Valley, and the City would fund 50% of one officer's time, which would be spent in the City of Palm Desert and Visitor Center. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. Mayor Spiegel noted Mr. Jim Foote would be running the BLM for Palm Desert. MR. JIM FOOTE responded he looked forward to it. XV. CONTINUED BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR FABRICATION AND INSTALLATION OF RETENTION BASIN FENCING (CONTRACT NO. C28050, PROJECT NO. 627F-08) (Continued from the meeting of December 11, 2008). Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to J M Justus Fence Company, Temecula, California, in the amount of $106,080; 2) approve a 10% contingency for the project in the amount of $10,608; 3) authorize the Mayor to execute said contract — funds are available in the Section 29 Project Account, No. 469-4350-433-4001. Motion was seconded by Finerty and carried by a 5-0 vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 B. REQUEST FOR AWARD OF CONTRACT FOR REPLACEMENT OF THE JOE MANN PARK DOG PARK FENCE (CONTRACT NO. C28350) (Continued from the meeting of December 11, 2008). Parks Facilities Manager Jay Niemczak stated staff was unaware this project required a bid bond, and they were asking Council to approve the project by waiving the bidder's bond. Mayor Spiegel stated the new fence was more attractive than the one that was destroyed. Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract to JD Landscaping, Indio, California, in an amount not to exceed $34,670 and authorize the Mayor to execute same; 2) waive the requirement of a Bidder's Bond for said project — funds are available in Account Nos. 233-4618-454-4001 ($25,000) and 233-4674-454-4001 ($9,670). Motion was seconded by Finerty and carried by 5-0 vote. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE COMMUNITY/AQUATIC CENTER SITE SELECTION. Ms. Steele stated that per the City of Palm Desert's Strategic Plan, a Joint Study Session took place in May to request direction from the City Council on how to proceed with this project. Council requested staff review two sites at the Civic Center area for a potential Community/Aquatic Center, and on December 11 at a Joint Study Session, gkkworks, the contractor hired to review the sites made a presentation to the Council. The two options presented included a worse -case scenario of what it would cost to build such a center. At the December 16 Parks and Recreation Commission meeting, the Commission discussed the project and ultimately voted 5-3 in favor of Scheme B, Civic Center site that included City and College of the Desert (COD) land. Part of gkkworks concern was that Scheme B did not provide room for expansion in the future, and they requested their concerns be included in the minutes. Staff recommended that Council select Scheme B, authorize staff to negotiate with College of the Desert, and authorize staff to identify funding sources for the project. Upon request, she displayed Scheme B and provided a description of the project. She noted Parks and Recreation Commissioners and representatives from gkkworks were present to answer any questions. MR. MICHAEL BERNARD, Chairman of the Parks and Recreation Commission stated the pool project had been discussed in various forms for many years. The Council had considered an Aquatic Center Complex three years ago, then a Sports Park Complex on Portola Avenue near the 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 Freeway, and eventually directed the Commission to look at the Civic Center site as a potential area for the Community/Aquatic Center. He said the Commission had looked at many options, but none were a perfect solution, and the proposed site, as noted in the minutes, created a lot of discussion with pro's and con's. Some of the negatives were limited parking, congestion in the area, limited room for expansion, but the Commission felt that the positives out weighed the negatives. It was unfortunate the $32 million cost figure was focused upon because that figure was a worse -case scenario with built-in costs, which the construction management company felt would not be needed. He added the City had a window of opportunity to obtain good construction costs, and it currently had a commitment from COD that possibly may not be available in the future. He said it's been a complicated issue, and the Commission did have a lot of discussion, but in the end it approved Scheme B in its form because they felt it was the best location at this time. The other issue of concern was the proximity to the existing YMCA and the Coachella Valley Recreation District facility. Mayor Spiegel stated the Council visited various facilities with a pool, and 80% of the people that used those facilities lived within a three-mile radius. He said if the Community/Aquatic Center was in the north sphere, it wouldn't get much traffic. Councilman Ferguson stated this issue had been studied and kicked around as much as any other issue before the City Council, and he believed all were in agreement that they wanted a community pool; a recreational and competition style pool that met the needs of younger school -age children and visitors to the community. However, he went over the options with gkkworks last spring, and it was their belief they were given very limited parameter; it was like putting ten pounds of sand into a five pound bag. He recalled City Manager Carlos Ortega telling him College of the Desert had offered eight acres for the swimming pool. He was 100% in favor of a pool, but instead of taking advantage of the COD land, he questioned why the City would want to remove the skate parks and alter the traffic pattern of San Pablo Avenue to cram a Community/Aquatic Center in an area that wouldn't provide room for expansion in the future. Regardless of the price, putting $20 or $30 million into a swimming pool was a high priority for him in a recession. By the time the pool became a reality, there may be a new Council, new staff, and definitely a new City Manager, that he rather defer this question to them based on their finances because he believed Scheme B was flawed from a transportation and expansion standpoint; therefore, he would be voting against the proposed site location. Councilman Kelly stated a survey was conducted with the community, and 80% of the people indicated the City needed an aquatic and fitness center. In part he was referring to the need and not location, but he felt it all tied in 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 together. He said statements were made that the City didn't have the money, but he disagreed. He said the City collected taxes to provide services to its citizens, but if the money collected was just sitting in a bank, the City was not serving its citizens. From a citizen's standpoint, a fitness center would not do him any good 20 years from now, but the City already had his money. He was big on traffic control, but the Civic Center area was not meant to be a main traffic route, although drivers cut through San Pablo Avenue, there was no need for it with Monterey Avenue and Fred Waring Drive nearby. He said the site selected could become an upscale location with "pizzazz" for people who were going to the College of the Desert or going to the other facilities in the park. He said ten years ago the City of Indio assessed themselves, and it now had a big wonderful fitness center with an indoor running track. He said Palm Desert was a successful fluid City, but it didn't have a fitness center with an indoor running track. He felt the Council had been fooling around with this issue too long that it needed to get its act together to start moving ahead. He thought this was a great location and an ideal time to be building something, because construction of the project would provide jobs to stimulate the economy, and the City would get better prices. He was in favor of the Parks and Recreation Commission's recommendation. Councilmember Benson stated she was not in favor of the location, and understood the City had been working for many years to get a pool. Initially it was just suppose to be a pool, but the Council finally got around to adding a recreational facility to it. She was not in favor of putting the pool on College of the Desert's property unless she knew what they would be contributing to the project, which she thought would be very little. Looking at the site plans, it seemed the Tamarisk trees on San Pablo Avenue would be taken out, and she was certainly against it. As many years as the Council had been working in getting a pool, waiting two more years until the economy picked up might be a better time for it. She didn't like taking business away from private gym's in town during this economy, and she was not in favor of moving forward with the project at this time. Mayor Pro Tem Finerty thanked the Parks and Recreation Commission for their thoughtful discussion of this issue. The points discussed by the Commission were relevant, and with a 5-3 vote, it showed that even the Commissioners were uncertain. Her overriding concern was the economy, and with so much uncertainty everyone was holding back; the hotels were holding back, the mall was on hold, and Garden's II was on hold. Granted there was money in Redevelopment because it had $130 million in its reserve, but if the City spent $30 million on this project, knowing the Westfield project was just down the road, it needed to preserve the reserve. She understood everyone wanted a pool, but in this economy, she thought the focus should be on "need" instead of "want." Her overall concern was the annual operating costs involved with the maintenance of a pool, which would 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 probably cost $2 to $2.5 million to operate. She reiterated the City was in a $4 million deficit with less retail and Transient Occupancy Tax (T.O.T.) coming in, and she wouldn't want the City to be in a position where it went into the General Fund Reserve. She was opposed to the project because it wasn't the prudent thing to do at this time. Mayor Spiegel explained the Parks and Recreation Commission took the position that it would not try to solve the whole project this evening, but only try to solve the location of the project. He said nothing would be built until the Council knew what the construction and operational costs would be. He said the residents of Palm Desert had been asking for a swimming pool for five years, and it was the only major City in the Valley without one. In his opinion, Scheme B (joint College of the Desert and City of Palm Desert land) addressed the three-mile radius of where people lived. He said it wouldn't make sense to build the aquatic center in the north sphere by Portola Avenue and the overpass. He said the Civic Center had a lot of traffic with the skateboard park because the kids lived nearby. He said it was Commissioner Shukart's idea to take the project piece by piece, and the first piece of the project was the site location; everything else would come back to Council for approval as well. Mayor Spiegel moved to, by Minute Motion: 1) Approve the joint College of the Desert and City of Palm Desert site as the location for the City of Palm Desert's Community/Aquatic Center (Scheme B); 2) authorize staff to negotiate an agreement with College of the Desert for land and facility usage; 3) authorize staff to identify funding sources. Motion was seconded by Ferguson. Councilman Ferguson stated he seconded the motion, but he would not be voting in favor because it was a terrible location. He said San Pablo Avenue was a good traffic pattern, and it was a major artery to the College of the Desert, to the Recreation Facility, to the YMCA, to Magnesia Falls, it alleviated traffic from Monterey Avenue and Portola Avenue, and it took traffic off Fred Waring Drive. He believed gkkworks representatives when they told him this was a limited site that offered no expansion. When the City purchased 45 acres of land for the Civic Center Park, no one dreamed it would use up all the land that it now couldn't fit a pool. He said putting the pool at the subject location was poor planning and poor transportation track, and for those who want to bang their shoe on the table to say it was their tax money, he disagreed. He said the $48 yearly tax paid by Palm Desert residents went to the Fire Fund to make sure homes didn't burn down. He said residents were not paying taxes for a pool, it was the tourist that visited Palm Desert that would pay for it; however, he didn't view this project as a tax payer issue. He knew everyone would like a pool, but the fact of the matter was that most people had a pool. With the Federal Government facing a $1 trillion bailout similar to the great depression, which was the only 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 equal comparable to look at, this was not the time to be building a $32 million swimming pool that was not needed. Councilman Kelly stated he needed to correct Councilman Ferguson in that citizens may not pay property taxes directly to the City, but the Redevelopment Agency received a bulk of the property taxes, which the pool would be built with. Responding to comment, he said if El Paseo could be re -built with Redevelopment Funds, the same could be done for a swimming pool. Responding to question, Mr. McCarthy said if the City Council made the appropriate findings that there were no funds available, then Redevelopment Funds could be used for a Park and Recreation Facility or a swimming pool. Mayor Spiegel said this issue was about a pool that was promised to Palm Desert residents, and this item was not meant for discussion about how much would be spent, operating costs, or how much revenue could be taken in, it was about voting in favor or against the location of the swimming pool. He asked that Council vote accordingly as it related to the location of the swimming pool. Mayor Pro Tem Finerty stated that because of the economy it would not be prudent to spend funds at this time, and the location chosen this evening may not be appropriate in two or three years, so she was reluctant to vote for a location at this time. Mayor Spiegel called for the vote, and the motion failed on a 2-3 vote, with Benson, Ferguson, and Finerty voting NO. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 XVII. PUBLIC HEARINGS A. ORDINANCE NO. 1173 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL CODE, TO ADOPT THE 2007 EDITIONS OF THE CALIFORNIA CODES AND RELATED MODEL CODES WITH SELECTED APPENDICES AND AMENDMENTS THERETO, AND MODIFYING SECTIONS 8.70.010 AND 8.70.040 RELATING TO PROPERTY MAINTENANCE. Mr. Grance noted this was the second reading of this Ordinance. He said the 2007 Edition was already adopted, but staff was modifying some mistakes made at the last Code adoption cycle. Mayor Spiegel asked if the modifications would cost contractors more money. Mr. Grance responded the Business Industry Association (BIA) had an issue with the R-1 Occupancies relating to sprinklers in the attic, which only related to hotels, motels, and boarding houses that are transit, and not many of those types of developments were going on, so there wouldn't be a great impact. Mayor Spiegel declared the public hearing open and invited public testimony in FAVOR OR OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilman Kelly moved to waive further reading and adopt Ordinance No. 1173. Motion was seconded by Finerty and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 C. CITY CLERK 1. Presentation to Recognize Deputy City Clerk Grace L. Mendoza for Attaining Certified Municipal Clerk Status (CMC). Ms. Klassen congratulated Ms. Mendoza for her commitment to education, the City Clerk Profession, and achieving Certified Municipal Clerk (CMC) designation as conferred by the International Institute of Municipal Clerks. She went on to say that Ms. Mendoza's path to certification began in her first week of employment with the City, when she graciously and eagerly agreed to attend a three-day City Clerk conference in Brea, California. Councilmembers wholeheartedly congratulated Ms. Mendoza for her achievement as well. 2. Reminder of City Council Study Session Regarding Cook Street Widening/Bicycle Lanes — Thursday, January 22, 2009, 2:00 p.m. Councilmembers acknowledged the reminder for their schedules. 3. Request to Consider Dates for the Annual Committee/Commission Interview, Appointment, and Reappointment Process. Ms. Klassen noted that her office provided each Councilmember with a binder of applications and information about current Committee/Commission membership and term expirations earlierthis week. She asked if Council would begin to give this due consideration, including date(s) for interviewing applicants in the near future. Councilmembers confirmed that they had received the binders of information from the City Clerk earlier this week. D. PUBLIC SAFETY o Fire Department None o Police Department None 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2009 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. 46-020 Burroweed Lane (Case No. VAR 08-261) Councilman Ferguson asked when the Planning Commission Appeal of the Burroweed Lane case would be heard by City Council. Mayor Spiegel responded it was his understanding that it would be on the agenda for the next meeting, January 22. o City Council Committee Reports: None o City Council Comments: None XIX. ADJOURNMENT Upon a motion by Kelly, second by Ferguson, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting at 5:18 p.m. ATTEST: ORA RA H LE D. RLi S , CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPI GEL', FIAYOR 25