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HomeMy WebLinkAbout2010-11-18MINUTES - ADJOURNED REGULAR - PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 18, 2010 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Finerty convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson arrived at 3:30 p.m. Councilman William R. Kroonen Councilman Robert A. Spiegel Mayor Cindy Finerty Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Sam Szymanski, Plan Check Manager Bill Hunley, 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 ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING IV. ADJOURN TO CLOSED SESSION Request for Closed Session: NOVEMBER 18, 2010 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 628-130-015 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) PDCC Development LLC, Petition for Bankruptcy, United States Bankruptcy Court, Central District of Califomia Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Kroonen, second by Benson, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Finerty adjourned the meeting to Closed Session at 3:00 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin reported that in Closed Session the City Council authorized release of a report that was prepared by the accounting firm of Peterson, Slater, and Osborne, pursuant to a Public Records Act Request, and it is now a Public Record. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Jim Ferguson VII. INVOCATION - Councilman Robert A. Spiegel 2 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING VIII. ORAL COMMUNICATIONS - B NOVEMBER 18, 2010 MR. MARTIN VANSTONE, representing the Cove Community Lawn Bowling Club, said he would like to speak to Section X - Consent Calendar Item Q. He requested that it be a held over item for separate discussion. Mayor Finerty responded that the City Council would take up Mr. Vanstone's request when the Consent Calendar was considered. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE CITY COUNCIL BY THE LINCOLN ELEMENTARY AND PALM DESERT CHARTER MIDDLE SCHOOLS AFTER SCHOOL PROGRAMS. MS. JILL GARNER, Principal of Abraham Lincoln Elementary School, and MS. KARLY MEZA, Director of the YMCA After School Program at Lincoln Elementary, along with a group of Lincoln students, addressed the City Council to express deep appreciation for the City's funding of this important program. Ms. Garner reported that Lincoln was a school with 85% of its students at the poverty level, 73% were Hispanic students, and 37% were English Language Learners. In spite of these statistics, the school gained 17 points in its API rating and has a resounding 841 points in the State's API. Additionally, she said the school had met all of its AYP Federal targets in all subgroups, largely because the City has funded Lincoln's After School Program; it provided an extension of the students' school day to create an after school setting much like it would be at home, except many of their parents are working one, two, or three jobs. The Lincoln After -School Program offers extra classes taught by certificated teachers in addition to the YMCA's activities. Classes include enrichment programs such as Golf, Robotics (Lincoln's Robotics Team just qualified for the regional toumament), and Math Enrichment; there was also a Computer Lab with Early Reading Programs, and it was a great environment with great people working with the students. MS. MEZA reiterated her thanks to the City Council for supporting the After School Program. She added that in the students' extended school day, the YMCA provides homework help that may not be available otherwise. In addition, a "Y Be Fit Program" has been implemented to focus on health and to help fight obesity amongst the children; it provides physical and healthy eating education. In partnership with the City, they've also implemented the civic component, allowing the group to come before City Council today, as well as getting the "College For Me," Recycling, Stranger Danger, and many other such programs. There were also many clubs offered within the 3 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 YMCA — this year there were Craft, Recycling, Gardening, and Fashion Clubs for students. The Program served to enrich the lives of the students both academically and personally. MR. JOHN KAZMER, coordinator for the Palm Desert Charter Middle School After School Program, remarked how great it was that the City Council supported the Program at the Middle School, adding that he'd been working with kids for 30+ years and that he and his wife derived a great deal of joy in seeing the improvement achieved by After School participants. He said the kids meet right after school and first receive a brief inspirational presentation, then the group goes to the Library for an hour of tutoring. They then come back to the gathering area, and students who didn't get their homework finished in the Library work with individual tutors, and if they're not done by the end of the day, they take their work home. Snacks are served when students return from the Library, followed by enrichment classes, which right now include Gardening, Photography, Robotics, and Ceramics. Additionally, with the City's financial support, after the School lost its Dance Team three years ago, the After School Program took it over and now has 16 girls participating, and the Program pays for all the needed accessories. Last year the school also lots its Drama Program, and he was able to find a drama teacher who just moved to the Valley; he also has a physical education background and organizes many other activities three days/week during the Program. He introduced an After School Program success story, 8th Grader Brian Torres, who was in attendance today and was able to make a tremendous improvement in his academic standing after three years participating in After School thanks to the City's support. Mr. Kazmer again expressed his appreciation to the City, hoping it would continue its support of the Palm Desert Charter Middle School After School Program. Councilman Kroonen commented that he was very privileged to now be a member of the Palm Desert City Council. However, while he felt something was absent from the audience during City Council Meetings, he couldn't quite put his finger on what it was; today the missing element occurred to him. As a former Member of both the Desert Sands Unified School District Board of Education and the Riverside County Board of Education, he was accustomed to seeing children in the audience during those Board Meetings and was very pleased to see the nice group of students in the Council Chamber today. He thanked them all for coming. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of October 28, 2010, and November 11, 2010. Rec: Approve as presented. 4 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 96, 100, 101, 104, 105, 109, and 110. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Augusta, 73-951 to 73-995 El Paseo, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Buffalo Wild Wings, 73-920 Highway 111, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sense, 73-675 Highway 111, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of July 20, 2010. 2. Parks & Recreation Commission Meeting of October 5, 2010. Rec: Receive and file. G. REQUEST FOR AUTHORIZATION to Amend the City's Flexible Spending Plan to Cover Employee Health Insurance Premiums up to the Blue Shield HMO Plan. Rec: By Minute Motion, authorize the City Managerto amend "Schedule B" of the City's IRS Section 125 Flexible Benefits Plan (Cafeteria Plan), providing premium conversion up to the Blue Shield HMO Rate for 2011 and future years. H. REQUEST FOR APPROVAL of a One-year Lease Agreement Between the Desert Willow Golf Resort and Cintas Corporation in the Amount of $41,709.96 to Provide Uniform Services for the Clubhouse and Maintenance Staff (Contract No. C30330). Removed for separate consideration Under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 5 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 I. REQUEST FOR APPROVAL of Amendment No. 3 to the Memorandum of Understanding (MOU) Between the County of Riverside and the City of Palm Desert for Animal Control Field Services (Contract No. C24202). Rec: By Minute Motion, approve Amendment No. 3 to the subject MOU between the Riverside County Department of Animal Services and the City of Palm Desert regarding provision of Animal Control Field Services, and authorize the Mayor to execute said Amendment. J. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C29540 — Landscape Maintenance Area No. 16 — Adding Additional Maintenance Services in the Amount of $8,750 (Project No. 916-10). Rec: By Minute Motion, approve Amendment No. 1 in the amount of $8,750 to the subject contract with Vintage Associates, Inc., Bermuda Dunes, California, for Landscape Maintenance Area No. 16 — funds are available in General Fund Account No. 110-4611-453-3320 - Repair/Maintenance Landscaping Services. K. REQUEST FOR AUTHORIZATION for Conveyance to the City the Southerly 27.0-foot Portions of 44-870 San Antonio Circle and of Vacant Lot 98 of Palma Village Unit No. 7 (APN 627-092-006) for the Alessandro Alley Improvement Project Right -of -Way (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, authorize: 1) Mayor to execute Certificates of Acceptance for Grant Deeds conveying the southerly 27.0-foot portions of 44-870 San Antonio Circle and of vacant Lot 98 of Palma Village Unit No. 7 (APN 627-092-006) for the Alessandro Alley Improvement Project Right -of -Way; 2) Chairman to execute Grant Deeds conveying the southerly 27.0-foot portions of 44-870 San Antonio Circle and of vacant Lot 98 of Palma Village Unit No. 7 (APN 627-092-006) for the Alessandro Alley Improvement Project Right -of -Way; 3) staff to reimburse the Agency using Housing Set - aside Funds for the remainder portion of 44-870 San Antonio Circle if it is determined that the property qualifies as low/moderate affordable housing. 6 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 L. REQUEST FOR AUTHORIZATION for Conveyance to the Redevelopment Agency of the Remainder Portions, Excepting the Southerly 27.0-foot Portions Retained for the Alessandro Alley Improvement Project Right -of - Way, of 44-887 San Antonio Circle, 44-850 San Antonio Circle, 44-845 San Clemente Circle, 44-889 San Clemente Circle, Vacant Lot 108 of Palma Village Unit No. 7 (APN 627-074-013), and Vacant Lot 89 of Palma Village Unit No. 7 (APN 627-092-043) (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, authorize: 1) Mayor to execute Grant Deeds conveying to the Redevelopment Agency the remainder portions, excepting the southerly 27.0-foot portions retained for the Alessandro Alley Improvement Project Right -of -Way, of 44-887 San Antonio Circle, 44-850 San Antonio Circle, 44-845 San Clemente Circle, 44-889 San Clemente Circle, vacant Lot 108 of Palma Village Unit No. 7 (APN 627-074-013) and vacant Lot 89 of Palma Village Unit No. 7 (APN 627-092-043); 2) Chairman to execute Certificates of Acceptance for Grant Deeds conveying to the Redevelopment Agency the remainder portions, excepting the southerly 27.0-foot portions retained for the Alessandro Alley Improvement Project Right -of -Way, of 44-887 San Antonio Circle, 44-850 San Antonio Circle, 44-845 San Clemente Circle, 44-889 San Clemente Circle, vacant Lot 108 of Palma Village Unit No. 7 (APN 627-074-013) and vacant Lot 89 of Palma Village Unit No. 7 (APN 627-092-043). M. REQUEST FOR AUTHORIZATION to Release Security for Parcel 1 of Parcel Map No. 30342 (Continental Design Build and Affiliates, Applicant). Rec: By Minute Motion, authorize release of the security for Parcel 1 of Parcel Map No. 30342. N. REQUEST FOR AUTHORIZATION to Release Maintenance Security for Tract No. 32420 (Brava Development Group, LLC, Applicant). Rec: By Minute Motion, authorize release of the Maintenance Security for Tract No. 32420 (Brava). O. REQUEST FOR AUTHORIZATION to Release Maintenance Security for Pointe Monterey II — Precise Plan No. PP 06-02 (Pacific Pointe Partners, Inc., Applicant). Rec: By Minute Motion, authorize release of the Maintenance Security for Pointe Monterey II (PP 06-02). 7 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 P. REQUEST FOR AUTHORIZATION to Release Maintenance Security for the Colonnade - Precise Plan No. 07-08 (Desert El Paseo, LP / Harkham Family Enterprises, LP, Applicants). Rec: By Minute Motion, authorize release of the Maintenance Security for the Colonnade (PP 07-08). Q. CONSIDERATION of $2,000 Funding Request from the Joslyn Center for Maintenance of the Center's Lawn Bowling Green. Removed for separate consideration Under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. R. REQUEST FOR AUTHORIZATION to Reject all Bid Proposals Received for the Desert Willow Golf Cart Onboard Global Positioning System (GPS). Rec: By Minute Motion, authorize: 1) Rejection of all bid proposals received for the lease of a Golf Cart Onboard GPS for use at the Desert Willow Golf Resort; 2) a new Request for Proposals (RFP) Process for the GPS (Contract No. C30340). S. REQUEST FOR AUTHORIZATION to Reject All Bid Proposals Received for the Desert Willow Irrigation Supplies Solicitation. Rec: By Minute Motion, authorize: 1) Rejection of all bid proposals received for irrigation supplies to be used at the Desert Willow Golf Resort; 2) a new Request for Proposals (RFP) process for the irrigation supplies (Contract No. C30350). T. INFORMATIONAL REPORT Pertaining to Illegal Pad Heights and Condition of a Garden Block Wall at the Villa Portofino Development. Removed for separate consideration Under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Mayor Finerty noted she had Speaker Cards for Items Q and T; therefore, she pulled those items. Councilmember Benson requested Item H be removed for separate action under Section XI, Consent Items Held over. Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. 8 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING XI. CONSENT ITEMS HELD OVER NOVEMBER 18, 2010 H. REQUEST FOR APPROVAL of a One-year Lease Agreement Between the Desert Willow Golf Resort and Cintas Corporation in the Amount of $41,709.96 to Provide Uniform Services for the Clubhouse and Maintenance Staff (Contract No. C30330). Councilmember Benson asked what was staffs response to the letter received from ARAMARK Uniform Services regarding the bid process. Senior Management Analyst Catherine Walker responded the proposal procurement process was overseen by the City Attorney. She said the Request for Proposal (RFP) went out to bid for the appropriate time, it was duly noticed in the local newspaper, and upon request, RFP's were e-mailed to make it convenient. She said seven different companies pulled the RFP and a number of them were from out of state; it wasn't until after the response period had passed that staff received the letter from ARAMARK. Further responding, she said the notification process was the same across the board and ARAMARK never requested the RFP. She said the bid was advertised in the newspaper, which is the City's procedure. Councilmember Benson moved to, by Minute Motion, approve the subject Lease Agreement for Uniform Services with Cintas Corporation, Ontario, California, in the amount of $41,709.96 (includes tax) — funds are available in Golf Course Expenses Account No. 520-4195-495-8091. Motion was seconded by Ferguson and carried by a 5-0 vote. Q. CONSIDERATION of $2,000 Funding Request from the Joslyn Center for Maintenance of the Center's Lawn Bowling Green. MR. S. MARTIN VANSTONE, President of the Cove Communities Lawn Bowling Club, stated the Club consisted of approximately 45 members, 15 are Palm Desert residents and others are full-time residents of neighboring Valley communities. Several members are seasonal visitors who travel here from the northern states and Canada to be in a more comfortable environment. He said they had members who came annually from England to enjoy the winter bowling and some, like he and his wife, were seasonal residents from Canada, but nonetheless homeowners in Palm Desert. He said the availability of lawn bowling was the primary influence in his decision to purchase a home in Palm Desert. He said he came this evening to appeal to the Council for financial support for lawn bowling at the Joslyn Center, because in these times of post -recession budgeting, it was difficult to ask for continuance of the traditional funding. However, there was no way the present membership could cover the entire maintenance budget with any reasonable fee structure. He said their fees will be increased and perhaps in the future it may be possible, but not at this time. Demographics indicated 9 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 that the senior population will grow exponentially in the near future and this Valley will be in need of more facilities for seniors. He hoped the Council can look upon the Joslyn Lawn Bowling facility as an asset rather than a liability, because Palm Desert had the only public lawn bowling green in the Coachella Valley. In addition to serving the needs of Palm Desert lawn bowlers, it also served as an attraction to draw other bowlers from other communities into Palm Desert where they frequently follow their morning bowling with lunch and afternoon shopping; Westfield Mall and Desert Crossings are popular post -bowling destinations. He said lawn bowling was a sport that promoted health and wellness, which is suitable for seniors, including the more elderly. He said the Coachella Valley was a Mecca for seniors and any activity that encouraged people to get out and be active should not be encumbered by the need for independent financial liability. The Coachella Valley needs at least one lawn bowling green, and the City of Palm Desert was in the heart of the Coachella Valley. He asked the Council to do everything possible to ensure that this valuable community asset continued to serve Valley residents. Councilman Spiegel stated the City Council received a letter from the Joslyn Center's Executive Director Peter Rittenhouse who suggested dues to be raised to $150. He asked if the proposed fee would be too high. MR. VANSTONE answered no, stating that's what he paid at home (Canada). Councilman Spiegel asked if all the members agreed to that amount. MR. VANSTONE stated he was hesitant to answer the question, because a general meeting of the membership hadn't taken place to take a vote on the matter, but the Board of Directors of the Club have agreed to the proposed fee, which will be their recommendation. Councilmember Benson noted the staff report indicated the City's recommendation was to contribute $2,000. Responding to question, Mr. Wohlmuth confirmed the Center requested $2,000 for this fiscal year. Councilman Spiegel moved to, by Minute Motion, approve a $2,000 donation to the Joslyn Center for Maintenance of its Lawn Bowling Green — funds are available in the Parks Division Budget. Motion was seconded by Kroonen and carried by a 5-0 vote. 10 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 T INFORMATIONAL REPORT Pertaining to Illegal Pad Heights and Condition of a Garden Block Wall at the Villa Portofino Development. MS. GAIL CHRISTIANSEN, resident at Villa Portofino, Palm Desert, stated she had hoped to hear the contents of the report before their group could speak. Mayor Finerty stated the Council didn't usually provide a verbal report on Consent Items. MS. CHRISTIANSEN stated she was informed by the City Manager that a report would be provided to the Council today and that something would be done about the matter. Mr. Wohlmuth stated an informational report was provided as requested at the last City Council Meeting with regard to the issue of weeds, soil stabilization, and the grading, which was Item T under Consent Items and in Council's packet. Mayor Pro Tem Ferguson noted the informational report was only for Council to receive and file. He offered to provide a copy of the report to Ms. Christiansen. MS. CHRISTIANSEN asked how she could get the question answered as to whether the City Council would do something. Councilman Spiegel responded the question could be brought up now or it could be placed on a later agenda. In the meantime, a copy of the report can be provided. Mayor Finerty provided her copy of the report to Ms. Christiansen. MS. MARION BENSON, resident at Villa Portofino, stated it's been eleven years since documents were signed by Councilmembers. Some Councilmembers have been removed and some have not, but by neglecting Ordinance 907 and several other resolutions, it has impacted not only Villa Portofino, but Casa Blanca, Silver Sands, and Desert Greens, which has brought a shameful appearance to Portola Avenue. She said they were literally eating dust in the destruction to their homes, and the landscaping was no longer acceptable. She submitted photos to the Council and asked that they take the time to review them, because anything less than a positive action was unacceptable. She said the residents could not wait another eleven years. Councilman Kroonen moved to, receive and file the Villa Portofino informational report. Motion was seconded by Spiegel and carried by a 5-0 vote. 11 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING XII. RESOLUTIONS NOVEMBER 18, 2010 A. RESOLUTION NO. 2010 - 83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NOS. 86-8 AND 90-143, AND AUTHORIZING THE APPLICATION FOR A CITY COMMERCIAL CARD, AND THE SIGNATURES THEREOF. Councilman Spiegel explained that one credit card was being requested for the City of Palm Desert, and it will be controlled by the City Treasurer and City Manager. Mr. Wohlmuth agreed, stating the credit card will be in the City Manager's possession; it was currently obtained by the Finance Director. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010-83. Motion was seconded by Kroonen and carried by a 5-0 vote. With City Council concurrence, Mayor Finerty called a recess from 4:24 p.m. - 4:25 p.m. XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE LEASE AGREEMENT BETWEEN THE DESERT WILLOW GOLF RESORT AND TURF STAR IN THE AMOUNT OF $86,589.60 FOR A TERM OF 48 MONTHS FOR EIGHT (8) WALKING GREENS MOWERS AND ONE (1) PIECE GOLF LIFT EQUIPMENT (CONTRACT NO. C30360). Responding to question, Senior Management Analyst Catherine Walker stated the old mowers had a trade-in value that will be consumed in the new lease agreement. The trade-in value per mower was approximately $500 for a total of $4,000. 12 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 Councilman Spiegel moved to, by Minute Motion, approve the subject Lease Agreement with Turf Star for walking greens mowers and lift equipment for the Desert Willow Golf Resort in the amount of $86,589.60 (includes tax and interest) — funds are available in Golf Course Expenses Account No. 520-4195-495-8091. Motion was seconded by Kroonen and carried by 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT FOR THE DESERT WILLOW GOLF RESORT LAKEVIEW TERRACE EXPANSION PATIO FURNITURE TO DAVID MOORE & CO. IN AN AMOUNT NOT TO EXCEED $73,504.12 (CONTRACT NO. R29420B) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Redevelopment Manager Martin Alvarez stated his presentation was an update on the aggressive construction schedule undertaken this summer, and a status report on where the projects are and where staff was headed with some of the upcoming purchases required to facilitate the opening of the two expansion projects. He provided photographs of the construction taking place for the Lakeview Terrace and Kitchen Expansion projects, which showed construction was 50% complete. He said the projects were headed toward the final stretch to securing final inspections in the coming week. The Terrace Expansion will accommodate 150 additional seats, and the addition of the new canopy and outdoor bar will allow for flexibility to host multiple outdoor events. He continued to show photographs of the exterior, outdoor fire pit, and outdoor fireplace. With regard to the kitchen expansion, it was also 50% complete with rough mechanical, electrical, and plumbing ongoing. He said roofing construction will start next week with the drywall of the interior starting soon. He went on to describe the interior features that included the new colonnade entrance, expanded bar, and dual fireplace; the clubhouse was being expanded 5,200 square feet to accommodate the demand for the Lakeview Terrace and existing facility. He said the next several items on the agenda are purchases that pertain to furniture fixtures and equipment, and this item is to award contract to David Moore & Company in the amount not to exceed $73,504.12 for the Desert Willow Lakeview Terrace patio furniture, which will outfit the bar, terrace, dining, fire pit, and fire place areas. He said staff followed the City's bid process and was recommending approval. Councilman/Member Spiegel questioned why the City received one bid with all the patio furniture vendors in the Coachella Valley. Mr. Alvarez stated staff solicited bids from across the desert area and advertised in the local newspaper. He said three to five vendors requested the bid documents, but only one was submitted. 13 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 Councilman/Member Spiegel moved to, by Minute Motion: 1) Award the subject contract to David Moore & Co., Rancho Mirage, California, in an amount not to exceed $73,504.12 for the Lakeview Terrace Patio Furniture at Desert Willow Golf Resort; 2) authorize the Mayor to execute said agreement — funds are available in the Desert Willow Golf Course Maintenance Fund, Account No. 241-4195-495-8092. Motion was seconded by Kroonen and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR DESERT WILLOW GOLF RESORT BANQUET FURNITURE IN AN AMOUNT NOT TO EXCEED $48,038.37 TO RW SMITH & CO. (CONTRACT NO. R29420C) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilmember/Member Benson pointed out that again no local vendor submitted a bid. Project Coordinator Heather Buck responded RW Smith & Company had a local office and staff did solicit bids locally through The Desert Sun. Further responding, she confirmed no local vendor submitted a bid. Councilman/Member Spiegel stated the staff report indicated RW Smith & Company and William Peterson & Associates (WP&A) bids were both non -responsive, and WP&A's bid was for $8,000 less, yet staff recommended approval of RW Smith & Company. Mr. Erwin explained the low bidder (WP&A) proposed alternatives that were determined not to be equal to the specifications. Councilman/Member Spiegel moved to, by Minute Motion: 1) Waive minor bid irregularity for RW Smith & Co. not affecting the bid process; 2) award the subject contract in an amount not to exceed $48,038.37 to RW Smith & Co., San Diego, California; 3) authorize the Mayor to execute said contract — funds are available in Desert Willow Golf Course Maintenance Fund Account No. 241-4195-495-8092. Motion was seconded by Kroonen and carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT FOR THE DESERT WILLOW GOLF RESORT BAR FURNITURE TO THE LOWEST RESPONSIVE BIDDER (CONTRACT NO. R29450E)(JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Project Coordinator Heather Buck stated the Council should have received an update on the bid results, which indicated the City received five bids for the project. The lowest bidder left out one of the items and therefore deemed non -responsive. Staff recommended award of contract to Desert Business Interiors, which is a local contractor. Further responding, she said 14 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 the contract was for an amount not to exceed $42,750.53, which included base bid for Alternate No. 1 (casters for the dining chairs), and authorization for the Mayor to execute the agreement. MR. JASON CASON, stated he was the owner of Desert Business Interiors (DBI) and a local Palm Desert resident who initially was intending to protest the bid award, but not now, since staff was recommending the award of contract to his business. He appreciated the fact that Ms. Buck and her team reviewed the bids and found a mistake. However, if the mistake hadn't existed, the contract would have been given to a company in Ohio, which was outside the Coachella Valley. He felt mislead by the manufacturer, because all five bidders couldn't beat a manufacturer's bid, which was his point, and he's already approached Mr. Greenwood and the Palm Desert Chamber of Commerce about keeping bids local. Because he didn't read the Sunday paper, he didn't bid on the patio furniture, but noted he sold residential and commercial furniture as well. He said the cities of Desert Hot Springs and Palm Springs have an ordinance that gives local vendors an extra 5% consideration, so they could beat others in San Diego, Los Angeles, and in this case, Ohio. He said "local" meant Coachella Valley cities between the Salton Sea on the south and the Santa Rosa Mountains on the west, and the San Bernardino Mountains on the east and north. He asked the City Council to review the ordinances and noted the City of Indian Wells was reviewing this matter as well. He said the Council had to keep businesses local for the Coachella Valley to stay alive. He said his staff worked in Palm Desert, and his business would be able to provide the same service as those in Ohio, San Diego, Las Vegas, etc. He hoped the Council would consider modifying its Ordinance where local businesses would get a 5% consideration, because sometimes the difference in bids was only $100. He said DBI was local and could service the product and furniture. He asked how would the manufacturer in Ohio come to Desert Willow to fix a broken chair. He appreciated the recommendation to award the contract to his business, but hoped Palm Desert would change the way it conducted its bids. Councilman/Member Kroonen moved to, by Minute Motion: 1) Award the subject contract in an amount not to exceed $42,750.53 (Base Bid and Additive Alternate 1) to Desert Business Interiors, Rancho Mirage, California, for the bar furniture at Desert Willow Golf Resort; 2) authorize the Mayor to execute said contract — funds are available in the Desert Willow Golf Course Maintenance Fund Account No. 241-4195-495-8092. Motion was seconded by Benson and carried by a 5-0 vote. 15 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 E. REQUEST FOR APPROVAL OF DESIGN PROPOSAL "COLONNADE FIRE FEATURES" BY JEREMY GROZNIK AS THE PUBLIC ART COMPONENT FOR COLONNADE LOCATED AT 73-399 EL PASEO, PALM DESERT (Jack,Corrigan, A & H Management, Applicant). Responding to question, Public Art Coordinator Deborah L. Schwartz said if the proposal was approved this evening, the Applicant will have to work with the Fire Marshal who was already part of the loop and in discussions with the Applicant. She said staff will not request return of funds to the Applicant unless the Fire Marshal has signed off on everything. Councilman Kroonen commented he was present at the committee meeting when this art component was taken up for consideration and it received enthusiastic support, which he was equally enthusiastic as well. Councilman Kroonen moved to, by Minute Motion, approve proposed artwork "Colonnade Fire Features" by Jeremy Groznik as the public art component for Colonnade located at 73-399 El Paseo, Palm Desert. Motion was seconded by Spiegel and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF DESIGN PROPOSAL "WILLOW" BY STEVEN RIEMAN FOR THE WESTIN DESERT WILLOW VILLAS PUBLIC ART COMPONENT LOCATED AT 75 WILLOW RIDGE, PALM DESERT (WVC Rancho Mirage Inc., Applicant). Responding to question about the location, Public Art Coordinator Deborah L. Schwartz said it will be placed in the porte cochere just before the entry where it will be very public and available 24-hours a day. Councilman Kroonen moved to, by Minute Motion, approve proposed artwork "Willow" by Steven Rieman as the public art component for the Westin Desert Willow Villas located at 75 Willow Ridge, Palm Desert. Motion was seconded by Spiegel and carried by a 5-0 vote. G. CONSIDERATION OF RECOMMENDATION BY THE PARKS & RECREATION COMMISSION TO COMPLETE A FEASIBILITY STUDY AND CONCEPTUAL DESIGN FOR AN EXPANSION OF THE CIVIC CENTER SKATE PARK. Senior Management Analyst Ryan Stendell stated this item was before the Parks & Recreation Commission at least three times through the summer, which was originally approached by an active user of the Skate Board Park. He said the Coachella Valley didn't have a facility that supported advance users, and if anyone wanted to take the sport to the next level, one would have to leave the Valley. Questions raised by the Parks and Recreation 16 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 Commission were whether a skate board park expansion was needed, what it would look like, and how it would fit in with the existing facility. The consensus from those talked to affirmed they could do some outreach and look at similar facilities in the area and propose suggestions to the City in the form of a feasibility conceptual design. The recommendation of the Parks & Recreation Commission was to fund it in the current fiscal year. However, staffs recommendation was to push it through the budget cycle for fiscal year 2011-2012. Further responding, he said staffs recommendation was to do nothing until next fiscal year. MR. CHAD RIVERA stated a skate board park was a great tourist attraction, and that he had more than 8,000 signatures that indicated valley -wide interest for a properly built and designed skate board park. A properly built park would bring many people from outside the Valley, which had the potential of bringing in professionals and celebrity -status skateboarders and amateur to professional televised events. Additionally, he would like to see some nice park improvements made as well. Councilman Kroonen moved to, by Minute Motion, defer the recommendation to complete a feasibility study and conceptual design for an expansion of the Civic Center Skate Park to the budget process for Fiscal Year 2011-2012. Councilman Spiegel stated he is the liaison to the Parks and Recreation Commission, and when this matter was discussed, Councilman Kroonen was present as well. He said Palm Desert was the first city to have a skate board park, which was ten years ago and now most cities have one. However, the skate park no longer reflected the type of skateboarding used and seen on television. He said Palm Desert now allowed bicyclists to use the skateboard park on certain days and evenings in order to get the tenants up, which was why the Parks and Recreation Commission requested staff look into the cost and feasibility of expanding. Councilman Spiegel seconded the motion and it carried by a 5-0 vote. H. REQUEST FOR APPROVAL OFA MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITIES OF PALM DESERT, INDIAN WELLS, LA QUINTA, COACHELLA, INDIO, CATHEDRAL CITY, DESERT HOT SPRINGS, PALM SPRINGS, AND RANCHO MIRAGE; AND THE DESERT SANDS AND PALM SPRINGS UNIFIED SCHOOL DISTRICTS; RIVERSIDE COUNTY DEPARTMENT OF PUBLIC HEALTH; AND THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS RELATED TO THE SCHOOLS BY DESIGN PROJECT (CONTRACT NOS. C30370A&B). Responding to question, Principal Planner Tony Bagato stated this item was a joint effort from the local cities and school districts attempting to bring more 17 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 communication by scheduling monthly meetings to discuss safe routes to schools. He said not all jurisdictions have a committee like Palm Desert's Two x Two Committee. He said this was an agreement to meet and communicate to improve school travel with no financial effort Councilmember Benson stated this was brought to Coachella Valley Association of Governments (CVAG) by the Community Resources Committee almost a year ago, and the goal was to get other school districts to buy into it to meet, which she thought was a good idea. Councilmember Benson moved to, by Minute Motion, authorize the Mayor to execute a MOU between the Cities of Palm Desert, Indian Wells, La Quinta, Indio, Coachella, Cathedral City, Desert Hot Springs, Palm Springs, and Rancho Mirage; the Desert Sands and Palm Springs Unified School Districts; Riverside County Department of Public Health; and the Coachella Valley Association of Govemments related to the Schools By Design Project. Motion was seconded by Spiegel and carried by a 5-0 vote. I. REQUEST FOR APPROVAL OF NEW MONUMENT SIGN LOCATED IN THE PUBLIC RIGHT-OF-WAY ON MONTEREY AVENUE/HIGHWAY 74 FOR THE THIRD CORNER BISTRO RESTAURANT Case No. SA 10-148 (Third Corner Bistro / Ed Moore, Applicant). Mayor Pro Tem Ferguson stated he would recuse himself from this item as his law office was right in front of the subject location. Councilman Spiegel asked if the monument sign should include a directional arrow, because you couldn't tell where the restaurant was located when standing by the bank. Principal Planner Tony Bagato responded the Applicant was present to answer that question, but the type of signage Councilman Spiegel was referring to is a directional sign, and this request is for a monument sign to replace the one located on Highway 111. Councilman Spiegel stated it was a good idea and knew they had a temporary one, which was certainly helping, but he felt it needed an arrow to show where the restaurant was located. MR. EDMOND MOORE, Owner of the Third Corner Bistro, Palm Desert, agreed with Councilman Spiegel, but he was trying to keep the signage simple and tasteful, but with the removal of fences and construction debris, they will be more visible. However, he wouldn't mind having an arrow on the signage. Councilmember Benson agreed an arrow was needed. 18 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 Councilman Spiegel moved to, by Minute Motion, approve the location of a new monument sign, including a directional arrow, within the public right-of-way located on Monterey Avenue/ Highway 74, with a minimum 15-foot setback from the street. Motion was seconded by Kroonen and carried by a 4-0 vote, with Ferguson ABSENT. J. CONSIDERATION OF A RECOMMENDATION TO CLOSE THE HIGHWAY 111 PALM DESERT POLICE DEPARTMENT SUBSTATION. Mr. Aryan noted the staff report and offered to answer questions. Councilman Spiegel asked what will be done with the facility. Mr. Aryan responded nothing had been determined, but the recommendation from the Public Safety Commission was to close the substation there because the facility at the Civic Center now served as the substation and the two were close in proximity. Councilman Spiegel asked if that would be a good place for the homeless this week. Councilmember Benson stated it was a valuable corner and wondered if the City was going to sell it. Mr. McCarthy stated staff was in the process of contacting Westfield, because in their earlier discussions with the Redevelopment Agency, they contemplated extending out to the intersection at some point to have a presence out there. He requested Council defer taking any action with respect to the disposition of the facility until staff had communicated with Westfield. Councilman Kroonen moved to, by Minute Motion, approve staffs recommendation to close the Palm Desert Police Department Substation at Highway 111/ Monterey Avenue. Motion was seconded by Benson and carried by a 4-1, with Ferguson voting NO. K. REQUEST FOR AWARD OF CONTRACT FOR THE SECTION 29 ASSESSMENT DISTRICT 2004-02 RETENTION BASIN CONCRETE ACCESS RAMP TO TED ENTERPRISES, INC., IN THE AMOUNT OF $28,240 (CONTRACT NO. C25570B, PROJECT NO. 927-08). Councilman Spiegel agreed this contract was needed, because what currently existed was falling apart, and the funds were available. Councilman Spiegel moved to, by Minute Motion: 1) Award subject contract for the Section 29 Assessment District 2004-02 Retention Basin Concrete Access Ramp to Ted Enterprises, Inc., San Clemente, California, in the amount of $28,240; 2) approve a 10% 19 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 contingency in the amount of $2,824 for the project; 3) authorize the Mayor to execute said contract — funding for this project is available in Fund 469, Account No. 469-4350-433-4001, Section 29 Assessment District 2004-02. Motion was seconded by Kroonen and carried by a 4-0 vote, with Ferguson ABSENT. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 6 TO CONTRACT NO. C22300 WITH HARRIS & ASSOCIATES TO REVISE THE SCOPE OF WORK FOR ENGINEERING DESIGN SERVICES FOR THE COOK STREET WIDENING PROJECT (PROJECT NO. 601-05). Responding to question, City Engineer Bo Chen stated this project was on the southwest comer of Country Club and Cook Street. Councilman Spiegel moved to, by Minute Motion: 1) Approve Amendment No. 6 in the amount of $31,380 to the subject contract with Harris & Associates, Concord, California, to revise the scope of work for engineering design services for the Cook Street Widening Project; 2) authorize the Mayor to execute said Amendment —funds are available in Account Nos. 213-4385-433-4001 - Measure "A" and 232-4375-433-4001 - Drainage — no General Fund money is being used for this action. Motion was seconded by Kroonen and carried by a 4-0 vote, with Ferguson ABSENT. B. REQUEST FOR AWARD OF CONTRACT FOR THE DESERT WILLOW GOLF RESORT KITCHEN EQUIPMENT PROJECT TO KAMRAN AND COMPANY, INC., IN AN AMOUNT NOT TO EXCEED $169,899.71 (CONTRACT NO. R29450D) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Responding to question, Project Coordinator Heather Buck stated only one bid was received, but it was not completely responsive. Therefore, staff requested authorization to negotiate for the full scope of work with this sole bidder at a previous meeting. Further responding, she said the vendor was located in Santa Barbara, California. Councilman/Member Spiegel moved to, by Minute Motion: 1) Award the subject contract to Kamran and Company, Inc., Santa Barbara, California, in an amount not to exceed $169,899.71 for the Kitchen Equipment at Desert Willow Golf Resort; 2) authorize the Mayor to execute said contract; 3) appropriate $231,000 for non -fixed furniture, fixtures, and equipment associated with the Kitchen/Building Expansion to Desert Willow 20 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 Golf Course Maintenance Fund 241 (Account No. 241-4195-495-8092) from Unobligated Golf Maintenance Fund 241. Motion was seconded by Kroonen. Councilman/Member Kroonen commented he had a nice trip around Desert Willow about ten days ago and urged his colleagues to go out and take a look, because there was a lot of exciting stuff happening with the construction. He's always been proud of Desert Willow, but the new additions will take everyone to a new level of pride; he appreciated all the work being done. Mr. Alvarez echoed Councilman/Member Kroonen's comments and invited the rest of the Councilmembers/Members on a group or individual tour. He said he could work with Secretary to the City Council Wilma Michelson to arrange some type of schedule. Ms. Klassen announced the motion carried by a 4-0 vote, with Ferguson ABSENT. XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE ANNUAL REPORT OF CALCULATION OF GOVERNMENT CODE 66006 - DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT (Continued from the meeting of October 28, 2010). Responding to question, Mr. Gibson said there was nothing new to add to the staff report and that the Business Industry Association (BIA) had reviewed the report and signed off on it. Mayor Finerty declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010 - 82, making certain findings pursuant to California Government Code Sections 66001 and 66006. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. B. ORDINANCE NO. 1217 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2010 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS. Plan Check Manager Sam Szymanski noted this was the second reading of Ordinance No. 1217. 21 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 Mayor Finerty declared the public hearing open and invited public testimony FAVORING or OPPOSING the Ordinance. With no public testimony offered, she declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1217. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. C. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT, PROVIDING SIGNAGE STANDARDS FOR ILLUMINATED WINDOW SIGNAGE IN SECTION 25.68 OF THE PALM DESERT MUNICIPAL CODE Case No. ZOA 10-311 (City of Palm Desert, Applicant). Principal Planner Tony Bagato stated on July 27, 2010, the City Council directed staff to adopt an ordinance to allow illuminated window signage after the City began enforcing the prohibition adopted last year when business owners came to speak to the City Council about their existing signs. He said the proposed Ordinance allows all new signs to be reviewed with new requirements and any existing signs will be grandfathered. The requirements for illuminated window signs will only be allowed in non-residential areas; signs cannot be combined with any reflective material such as glazed tiles, which causes more reflection off the window; signs will not occupy more than 25 percent of the store front window area; and no more than one window per frontage. The designing criteria meant they should be created or improve the store front design and cannot advertise products such as Budweiser. He said if the location of the business is next to a residential area, the Architectural Review Commission (ARC) recommended illuminated signs to be turned off when the business is closed. He said the approval process would require ARC approval and the City Council can call up any of the cases up for review. The standards will be added to the Palm Desert Municipal Code Section 25.68, Section M; the ARC approved the proposed Ordinance on a 6-1 vote, with Commissioner Vuksic absent. When staff presented this matter to the Planning Commission, they recommended denial on a 3-2 vote. He said three commissioners were concerned illuminated signs would create a negative impact to the City, particularly on Highway 111 and El Paseo. He said staff was still recommending approval based on the direction of the City Council and the adopted restrictions proposed, because staff believed it can create a balance with businesses and also limit the visual impact. He offered to answer questions. Councilman Kroonen stated that in reviewing the minutes of July 27, 2010, which he did not participate in, it appeared quite clear the Council had in mind the revision of the Ordinance to permit neon or illuminated signs. From his perspective, he believed staff did a good job of returning to the Council with it, but the question was not "shall we or shall we not have," the question 22 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 was how could the City adjust its Ordinance in order to permit them. He asked staff if he was correct in his assumption. Mr. Bagato answered yes, stating that was the direction by the City Council. Councilman Kroonen stated it appeared to him that perhaps the Planning Commission was not answering the right question. The question wasn't yes or no, but rather how to. Mr. Bagato agreed, stating some of the commissioners recommended staff enforce the existing prohibition to not allow neon signs, which was the position of the majority of the commissioners. The Planning Commission had one recommendation, but staff believed neon signs can be controlled well enough to not become a negative impact. Councilman Kroonen asked if "illuminated window signs" equaled neon signs and neon equaled illuminated. Mr. Bagato answered yes. He said when staff was enforcing prohibition of neon signs, staff found out there was also LED and flourescent signs, so staff wanted to encompass all or any type of potential sources that could be used. Councilman Kroonen noted paragraph M of Section 3 with reference to "Current signs will be allowed to remain with approval from the Planning Department." He asked what would happen if the Planning Commission did not grant approval, would the signs have to be removed. Mr. Bagato stated the direction was to grandfather all existing signs. Staff worked with Code Enforcement in taking photographs of all existing ones and requiring businesses to get them documented so that if they tried to change signs in the future, the City will have a record of what was previously there. Further responding, he confirmed the language in the first paragraph should read, "illuminated window signs shall not be allowed in residential zones." Councilman Kroonen stated he was also concerned about the 25% of the frontage window area. He said in some larger windows it may allow for a large illuminated sign that might detract from the goal. Mr. Bagato agreed, but one of the ARC caveat's is that it enhance the storefront, so signs are subject to the design and individual store front. He said the ARC will review cases, and the City Council will receive a copy of those cases in their City Council packet, and if there are concerns, 23 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 Councilmembers can call those cases up within fifteen days and request for it to be discussed before the City Council. Councilman Kroonen stated in the event the ARC determines there is a negative impact and denies the case, could those cases be called up as well. Mr. Bagato answered yes, stating it could also be appealed by the Applicant. Councilman Spiegel stated he thought this matter was already approved on a six-month period. Mr. Bagato answered no, stating they had a six -months prohibition of enforcing outside signage. Councilmember Benson stated she was not against illuminated window signs, but she didn't want to see one on every window and thought something in the language should be included that limited three or four in a block, and if somebody else wanted to add one, they would have to wait until one went out. She didn't know if language could be inserted or if this needed to go back to the Planning Commission to answer the question, which was to help the Council figure out a way to help the merchants and certainly those grandfathered. She said in the thirty years she's been on the Council, she's never had a complaint about neon signs, but she didn't want to see Highway 111 or El Paseo become glitzy. Mr. Erwin responded he wasn't sure how that could be accomplished, but will certainly look to see if there was a possibility. Councilmember Benson stated she didn't want every store on El Paseo to have a neon sign. Responding to question, Mr. Bagato said existing illuminated/neon signs will be grandfathered, and new businesses will have to go through the ARC. Mayor Finerty asked if the photograph in the previous staff report, where there is a "Tecate" beer sign, a business that was grandfathered. Mr. Bagato answered yes, stating since the Ordinance wasn't previously being enforced, staff couldn't pick and choose what could get grandfathered, which was his understanding. He said staff had to allow all of them to remain with existing businesses, and over time as businesses changed, hopefully the signage will be eliminated down to one. He said the subject business mentioned had seven neon signs. 24 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 Councilmember Benson stated she thought the signs went with the business and not the property. Mr. Bagato stated someone had bought the business and maintained it as a liquor store and didn't change the window signs. He said it was still maintained with the property and the business, but if they wanted to start changing them with new liquor signs, staff could enforce the new code. Mayor Finerty asked why the City had allowed and not taken action on the Taqueria place that had several signs on the window, because it certainly didn't enhance the neighborhood. Mr. Bagato stated when staff tried to enforce the Ordinance that prohibited all the neon signs and started notifying the businesses, there was a public outcry that the City was enforcing the Ordinance in poor economic times. Therefore, staff recommended a temporary prohibition on the enforcement for two years, and staff was directed to come up with a Zoning Ordinance amendment and to grandfather all existing businesses. It was his hope to grandfather only one neon sign, but City Attorney said it wasn't possible to limit the number of signs it could grandfather on each business, but agreed to revisit that possibility. Mayor Finerty declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. MARI SCHMIDT stated she was a City of Palm Desert Planning Commissioner. She said the question that baffled the Commission when this matter was presented was on whether the City could or couldn't grandfather existing businesses, because the City had allowed the signs to be installed without any kind of action. She noted City Attorney Dave Erwin was not at the meeting when this was discussed, but Mr. Hargreaves was present. She said Mr. Hargreaves said there was some grey area that could be enforced and have the neon signs removed, but that he needed to speak to Mr. Erwin about it, which was the last time the Commission heard anything on that point. She hoped to convince the Council to take another close and studied look at what it may endorse. She said the object of the subject ordinance revisions was to allow illuminated/neon signage in all windows except in residential zoning and/or facing residential areas, and to allow businesses which are presently not in compliance and thereby breaking the law, to be grandfathered. The background on this matter was due to a few business complaints, and staff was instructed to prepare a revision to the Ordinance allowing illuminated/neon signage in non-residential windows. She believed the original intent was to put in place a temporary allowance of two years to help businesses cope with the economic downturn. She said the following issues were wrong with the proposed ordinance: 1) There was little or no 25 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 survey of all the existing businesses to gather any consensus on whether or not to favor this change; she believed El Paseo merchants were among them; 2) Approving the proposed ordinance would open a "pandora's box," which can never be undone, because the ordinance had not been enforced nor did the City have the manpower to control the City's Ordinance; 3) The Ordinance will change the character of the City. She said people came to Palm Desert from all over the world because of the nature and character of this City and allowing this "Coney Island" approach to lighting up the City will cause irreparable harm to the City's image; the cost and residual effects of this about face action will be immeasurable; 4) The proposed Ordinance modifications were vague as the use of the term "storefront window" indicated just that. However, the Ordinance did not pertain to retail; it encompasses everything that is not residential, office, second story businesses, banks, service stations, and massage establishments; 5) A number of businesses have recently installed these signs in order to be grandfathered into the proposed Ordinance requirements before taking effect; 6) The concept that the economy is bad, the need to attract business, and the need for illuminated signs was sheer fantasy. She asked where was the research that proved lighting up a window with an "open" sign will bring more business than ordinarily would come to shop, particularly in Palm Desert. She pleaded with the Council to instruct staff to take a closer look at what all this meant and to canvass the existing businesses, commercial, and non-residential participants for the real impact of this incredible change in the character of the neighborhood. She said existing perpetrators, some 50 businesses, as told by staff, should be fined and made to remove the signage until this issue was properly studied and resolved. She said the proposed Ordinance changes should be carefully studied if the City chose to continue to pursue this nonsense; she said at least compare apples to apples. She shared that one evening when she was having dinner on El Paseo, her seat faced 14 stores in her direct view and thought it was truly a beautiful sight, which was one of the reasons she chose to live in Palm Desert. However, she became sadden with the thought of how awful it would be to have neon signs on all those windows. She said there was no hurry to approve the subject Ordinance and asked the Council to take a much longer look at the proposed Ordinance before it let the horse out of the barn. She offered to answer questions. Councilman Spiegel asked which businesses recently installed neon signs. MS. SCHMIDT answered The Gas Light. Councilman Spiegel stated he thought their signage had gone through ARC. MS. SCHMIDT said she had no idea, and only knew the signs had appeared in the last couple of weeks. 26 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 Councilman Spiegel stated the name had changed because it was a new business. He said in order to install a new sign it had to go through ARC. Mr. Bagato answered the sign on the building would have, but he didn't know about the window signs. MS. SCHMIDT noted there were three window signs. Councilmember Benson inquired about The Gaslight signage itself, on whether it was lit or not. MS. SCHMIDT answered no. Councilman Spiegel stated he didn't disagree that a closer look needed to be taken; however, he questioned whether this was the time to do it. He said anything that hurt the merchants, hurt the City of Palm Desert. He said until this evening he never had a complaint from anyone visiting or living here about too many neon signs and tonight wasn't an end-all. Councilman Kroonen stated people are always looking for opportunities to compromise and hoped there would be one for the position taken by a majority of the Planning Commission and Architectural Review Commission. It seemed to him this issue could be compromised and respectfully asked the Planning Commission to look again to see if there was a way for additional illuminated signs to be incorporated. He believed well-meaning people can discuss these matters and come up with original solutions that perhaps haven't been thought of, because he was not encouraged to vote yea or nay at this time and believed this issue can be resolved in a way that might be satisfactory to all parties. His recommendation would be to refer this matter back to the Planning Commission and ask for an additional look, because he didn't think the Planning Commission was answering what he considered to be the right question. The question as he read the minutes of the meeting of July 27, 2010, was not yea or nay on eliminating signs. The question was how could it be accomplished. MS. SCHMIDT responded that in all fairness, it was not the way she interpreted what was presented to the Commission at the meeting. She said the Commission was normally a reactive body and its been her experience when they attempt to be proactive, as this might indicate, which was her opinion and the majority of the Commission, that it's a mistake. She did not hear at that meeting that the Commission was instructed to draft some sort of ordinance and that it was a done deal. Councilman Kroonen stated he didn't mean to be argumentative, but he was basing his comments on the minutes of the July 27 meeting, "Mr. Erwin suggested a motion that would direct the City Attorney and City Staff to prepare amendment to the Sign Ordinance that would delete the prohibition 27 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 of neon signs and require that all signs go through the normal Architectural Review Commission process." If that wasn't shared, he could understand why Ms. Schmidt took her position. MS. SCHMIDT stated the Commission was told by staff that they had received instruction for the Commission to work at it. Councilmember Benson asked if there was a committee that made the proposed recommendations before it went to the Planning Commission. Mr. Bagato stated the Architectural Review Commission reviewed the proposed Ordinance, but he was the one that researched local and other resort cities that had an existing ordinance. He said other resort cities with district areas like El Paseo, didn't allow neon signs in walking districts, but allowed them in areas like Highway 111 where there was more driving traffic, which was another possibility or compromise that could be reviewed. He proposed the Ordinance to the ARC and minor modifications were made and then forwarded to the Planning Commission. He expressed to the Planning Commission that staff was directed to do this, but that they could have their own separate recommendation. Further responding, he said the ARC voted in favor of the proposed Ordinance. Councilmember Benson suggested having a committee with representation from El Paseo to weigh in, similarly to what the City's done on other projects relating to signage, before it's presented to the Planning Commission once again. She agreed there was no hurry, because she certainly didn't want to do anything that would hurt business. Mayor Pro Tem Ferguson stated he was just alerted to a family situation he needed to attend to but wanted to say good bye, because this was his last City Council meeting. However, with regard to this issue, he said there were some very artistic neon signs like About Face on San Pablo, and Kate Spade, and others who went above and beyond to make some artistic statement on their window, but placing a complementary Budweiser sign from a beer manufacturer was not what the Council had in mind for art in Palm Desert. He wished there was a way to provide a discretionary panel and was disappointed with the ARC, because they are charged with the task to review these matters on a case by case basis like they did with the Palm Desert Motor Lodge. It had historical significance, artistic merit, Art -deco feel, and it had a place in the City, but to grandfather everything from a Budweiser, Pacifico or Corona sign, which was doing nothing but selling beer was unacceptable. He was sensitive to the retail business, but it wasn't the life blood of the City, and if it detracted from people who want to spend more money in Palm Desert, he agreed a committee might be the way to go. He will no longer be serving as a Councilmember, so this was his two -cents 28 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 worth. He hated to leave on this kind of a note, but he had to leave. He thanked everyone for his time on the Council and said good night and left the Council Chamber. NOTE: Mayor Pro Tem Ferguson left the meeting at 5:23 p.m. MS. SCHMIDT stated her concern was that unless all businesses were spoken to, the assumption couldn't be made everyone wanted the proposed Ordinance, and the merchants of the City brought in the tax dollars, which was her point. She said she didn't want to argue, but she just wanted to make it clear that those who didn't like the proposed Ordinance were not being arbitrary. The Ordinance as drafted was not right and thoroughly vague and needed more work. MS. BARBARA DEBOOM stated that after hearing a couple of issues this evening, but having not been involved, as the business voice of the community she would offer some of the City businesses to get together to form a committee. Additionally, she was concerned about the issue with lights being off on El Paseo or throughout the City, because many restaurants are the livelihoods to the community that keeping the lights on was a perfect way to shop at night, because people are enticed to return to shop. She said to have the streets dark at night would be a deterrent. She suggested having a curfew for lights to be turned off at 10 o'clock may be another option, but agreed this issue needed more study. With no further testimony offered, Mayor Finerty declared the public hearing closed. Councilmember Benson reiterated the City needed a committee of business people and others to look at this before a decision was made, because it was too important as mentioned by Ms. Schmidt. She said the Council never did anything that was detrimental to the City, and the Council always tried to be business friendly. Although some have said the Council was not, it's not true, because the Council did everything the business community had asked them to do. She said this was another issue that needed the full attention of a committee before it returned to the Planning Commission. Councilman Kroonen and Mayor Finerty concurred. Councilmember Benson moved to refer the matter back to staff for establishment of a subcommittee, working with the Palm Desert Chamber of Commerce and the City's Business Community, to provide further study regarding illuminated window signage, and said recommendation to be brought back through the Zoning Ordinance Amendment process. Motion was seconded by Spiegel. Ms. Klassen asked if the public hearing needed to be reopened if this item was being continued or will it return as a newly noticed item. 29 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 Mr. Erwin responded this item will have to be renoticed and retumed as a public hearing. Ms. Klassen announced the motion carried by a 4-0 vote, with Ferguson ABSENT. D. REQUEST FOR APPROVAL OF AN AMENDED ASSESSMENT FOR A PARCEL OF LAND IN THE CITY OF PALM DESERT SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02). Mr. Greenwood stated the Monterey Ridge Development formerly known as Falling Waters is located in the Section 29 Assessment District, more formerly known as Assessment District 2004-02. The project is located directly east of Ashley Furniture Store and the adjacent Walmart Store on the corner of Gateway Drive and 35th Avenue. He said the project had been subdivided into condominium lots and the action before the Council was to approve reapportionment of the assessments from the larger parent lot to the smaller condominium lots. Mayor Finerty declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010 - 84, confirming an Amended Assessment for a parcel of land in the Section 29 Assessment District (No. 2004-02) and fix the amount of the fees and costs for such amendment. Motion was seconded by Kroonen and carried by a 4-0 vote, with Ferguson ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Report on New Burrtec Dedicated Routes and Service Days for all Regular Municipal Waste Collection (Residential and Commercial). Mr. Wohlmuth called attention to the informational report regarding routes for solid waste and recycling collection contained in the agenda packets. Since preparation of the report, City staff approached Burrtec about delaying the change until mid -June 2011 instead of on November 29, 2010. He noted that the request is a requirement of the City's Franchise Agreement but will be waived for six months, allowing Burrtec to develop their new routes by mid -June and provide adequate notice to all residents. Notification will also be given on the 30 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 City's website. He said it was hoped that enough people will still be in town as of mid -June so that they get accustomed to the new collection. He offered to take any Councilmembers' comments on the proposed route maps to Burrtec, noting that the change was being made for reasons of efficiency and according to the Franchise Agreement so the City could better track exactly how much solid waste and recycling is being collected in Palm Desert since it's responsible for meeting a 50% diversion rate. Councilman Spiegel observed that Burrtec District Manager Frank Orlett was in the audience today. He added that Monday had been his trash day for 28 years, and it would be a challenge to now get used to a different schedule. With City Council concurrence, staff's proposal to defer the change in collection routes and service to mid -June 2011 was accepted. B. CITY ATTORNEY Mr. Erwin asked City Councilmembers for their intentions regarding sign enforcement and whether or not City staff should continue as it was currently or take another direction. With City Council concurrence, staff was directed to continue on as it currently was with regard to sign enforcement until the issue is formally resolved at some time in the future. C. CITY CLERK 1. Reminder — Observance of Thanksgiving Holiday on Thursday, November25; Next Regular City Council and Redevelopment Agency Meetings to be held Thursday, December 9, 2010, at 3:00 p.m. Mrs. Klassen provided the reminder for City Council and members of the public. D. PUBLIC SAFETY o Fire Department None o Police Department None 31 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Consideration of Travel Reauests and Reports: None o City Council Committee Reports: 1. SunLine Transit Agency — Councilman Spiegel reported that today SunLine was filling up three buses with food throughout the Coachella Valley. He said half the collection would be donated to F.I.N.D. and half would go to Shelter From the Storm, which were both in dire need of additional supplies. 2. Two x Two Committee — Councilman Spiegel noted that at the last meeting, he raised the issue of bullying in the schools. He asked if Lt. Shouse had any more thoughts on the suggestion of the Police Department speaking on the topic at the school assemblies. Lt. Shouse responded that he had talked to the School Resource Officer (SRO) Supervisor, and they had actually done a presentation on bullying at the Middle School last year. They were going to have the SRO who works at the Middle School do it again this year, and further responding said it would be presented at the Elementary Schools as well. o City Council Comments: 1. Councilman Kroonen commented that he'd enjoyed a rather active past few weeks: — One of the highlights was visiting the Desert Willow Remodeling Projects for the Terrace and Kitchen Expansions that he felt were very exciting. — He'd spent time at the Joslyn Center and got familiarized with the Lawn Bowling issue, which was very valuable. — He'd been to the Convention & Visitors Authority and got a nice tour and chatted with Interim President/CEO Judy Vossler. — He particularly enjoyed participating in discussion regarding the early stages of development of the Carlos Ortega Villas and subsequent Housing Commission Meeting. 32 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2010 — He commended Councilman Spiegel for his work with the Two x Two Committee, noting how valuable and meaningful that type of interaction was, having been a longtime School Board Member. — He attended the 25th Anniversary Celebration of the CSU San Bernardino Services on the College of the Desert Campus; his old friend CSUSB President Al Karnig was in attendance, and it just seemed like yesterday that it all started. He believed good things had been happening in terms of post- secondary education in the Coachella Valley, the association of COD and CSUSB being one of them. — He went on to say that Councilmember Benson and he were privileged to represent the City Council at the Family Services Organization ceremony to honor Aurora Wilson for her many years of service. It was his honor to present the City's proclamation, and Supervisor Benoit also asked him to present a proclamation to Ms. Wilson, which he was happy to do on both accounts as a longtime friend of hers. 2. University of California, Riverside - Palm Desert — Councilman Kroonen said he wanted to go on record with a few thoughts about the unfortunate happenings at UCR's campus here. He felt this community would suffer from the dismissal of the very credible work that has been done for some time by Carolyn Stark, most recently as Executive Director of the Palm Desert Graduate Center. He echoed statements coming from broadly throughout the community, calling particular attention to the November 9 article in The Public Record, where Reuel Young was quoted as saying, "...by withdrawing that leadership and convening roll, the University is losing on three fronts — the loss of momentum created by the very successful programs, the effective leadership for the community, and the growing support from the community and the community of the Coachella Valley." He said Ms. Stark was largely responsible for establishment of the Coachella Valley Lyceum, which Mayor Pro Tem Ferguson and he had the privilege of serving on. Additionally, she'd also given great leadership to the Business Roundtable, and he was frankly not personally satisfied with the explanation given by the Chancellor's Office. He noted that it was just a few weeks ago when the City Council was invited to meet with the Chancellor and senior staff, and there was no mention made that they were going to cut what he felt was the heart and soul out of their offerings in the Coachella Valley. He concluded by restating the comments made by Indian Wells Councilman 33 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING XIX. ADJOURNMENT NOVEMBER 18, 2010 Bill Powers, who referred to the University's stance as a "smokescreen," adding that it appeared to him too as very much the case. He asked through this forum that UCR reconsider its presence in the Coachella Valley and attempt to fully understand the power of the activities that Carolyn Stark was leading. Councilmember Benson remarked that to that end, she'd asked and Mr. Wohlmuth was preparing a letter to the Chancellor, because the City gave the land to the University for a purpose and wanted to see that purpose maintained — to keep Coachella Valley students and educate them here in order to obtain a ready workforce. Further, she told The Desert Sun yesterday that the City was very concerned about it, especially with a vested interest in the University, having a right to be so concerned. She promised that the City will be heard in the matter. Upon a motion by Spiegel, second by Kroonen, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Finerty adjourned the meeting at 5:48 p.m. ATTEST: RA HELLE Kt SEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 34