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HomeMy WebLinkAbout2012-08-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 23, 2012 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 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilmember Cindy Finerty Councilmember Jan C. Harnik Mayor Pro Tem William R. Kroonen Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic 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 Stephen Y. Aryan, Risk Manager Casey Hartman, Battalion Chief, Palm Desert Fire/Riv. Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 IV. ADJOURN TO CLOSED SESSION wir Reauest for Closed Session: A. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code 54956.9(a): 1) City of Palm Desert v. Ronald Moers, Riverside County Superior Court, Case No. INC1107144 On a motion by Kroonen, second by Harnik, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. None B. 1. MR. LEO SULLIVAN, Camino Arroyo South, Palm Desert, said he was very fortunate to be a member of the City Council Compensation Committee and commended City Council on its staff, which readily provided any information requested. He said staff was so helpful that it made the Committee's job very easy, and while it may have resulted in a recommendation that is not totally palatable to the City Council, it should definitely be proud of its staff. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 2. MS. GAYLE CLARK, representing Bermuda Dunes Learning Center, Portola Avenue, Palm Desert, thanked City Council for supporting their project to renovate the child care center at Hope Lutheran Church. She said the original facility was not up to code and needed a great deal of work. The work was almost all finished, and they were very excited to hold a Ribbon-Cutting/Grand Opening tomorrow. She introduced one of the site's directors, who said the facility now looked amazing thanks to the City's help, and she was very excited to be able to work there. Ms. Clark invited everyone to come to the event tomorrow, starting at 11:00 a.m., and provided a flier to the City Clerk. She noted that their Center is in the building behind the church, adjacent to Washington Charter Elementary School and not affiliated with the church. Mayor Spiegel noted that he planned to be there tomorrow to cut the ribbon on the facility and was looking forward to it. 3. MR. HOBART WEHIR, Palm Springs, CA, said he's been a resident of the area since the 1950s and wanted to alert the City Council and audience about a public law that he felt should be repealed: The Arms Control and Disarmament Act, signed into law by President John F. Kennedy in 1961. He went on to say that just as with many other bills before becoming law, there is a lot put into them that the public never hears about. This particular one being presented with the idea of world peace and to be implemented in three stages. He said the United States is currently in the third stage of this law, which will turn over the country's military — all its armed forces — to the United Nations on a permanent basis. The reason he knew we were in the third stage of enactment is because it includes a small arms treaty, which President Obama and Secretary of State Clinton have been trying to get recently, but somebody caused them to back off of the proposal. He wanted to raise awareness that this is real by asking how citizens would feel if they didn't have their own military and turning that responsibility over to the United Nations that is comprised of people who weren't necessarily best friends of the United States — typically voting against its objectives. He said if this happens, the U.S. would be defenseless; and if the country signs the aforementioned treaty, the United Nations will have gained unconstitutional power to abolish the Second Amendment to the United States Constitution, causing a great deal of chaos in all cities. He wanted everyone to be aware and compare taking action on this matter to preparing themselves for an earthquake — it will be a strange country when the law takes full effect, unless it's repealed. He recommended that everyone write Congresswoman Mary Bono Mack and all the Representatives a letter to ask how they felt about this law 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 and to consider repealing it. He noted that he was in the United States Marine Corps 1965-1970, taking an oath, like Councilmembers do, to support and defend the U. S. Constitution, to serve the country, and he is still doing so. He had spoken before four or five City Halls to date and was planning to speak at Bermuda Dunes next. He closed by wondering how any young person participating in ROTC or being recruited into the armed forces would feel if they found out they would be joining a military that would be turned over to the United Nations, because they should know about this and what the future holds for their careers. He congratulated City Council for the wonderful community Palm Desert had become and thanked them for the opportunity to speak here. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION, DECLARING SUPPORT FOR "THE CHILDREN'S BILL OF RIGHTS." On behalf of the City Council, Mayor Spiegel read and then presented the framed proclamation to representatives of the Children's Bill of Rights Organization: Cheri Preuitt, Linda Huffman, Carl Huffman, Robert Walcott, and Lynne Devoe Walcott, who were very appreciative of the City's recognition. B. PRESENTATION TO RECOGNIZE JEANNIE KAYS FOR HER SERVICE TO THE CITY OF PALM DESERT AS ITS CITY LIBRARIAN, JANUARY 2005 - AUGUST 2012. On behalf of the City Council, Mayor Spiegel and Ms. Klassen presented Ms. Kays with an engraved, cherry wood desk clock/pen set in appreciation of the years she served the City's Library, which is part of the Riverside County Library System. Ms. Klassen said since Ms. Kays' arrival at Palm Desert's Public Library, many new programs and activities have been developed and fostered into tremendous assets for the City and its residents. She went on to say that Ms. Kays would be greatly missed by the City, and it was hoped that the desk clock/pen would be welcome additions to her new desk as Director of Library Services for the City of Palm Springs. MS. KAYS expressed appreciation for the recognition and said it had been a real honor to serve the City of Palm Desert for these many years. As City Council liaison to the City's Library and the Library Promotion Committee, Councilmember Benson added that Ms. Kays was very instrumental in helping develop the look of the "new" Library after the renovation/upgrade project is completed in the near future and would be sorely missed by all. She said Ms. Kays had related to her that she would 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 miss being able to work at the updated facility, but she hoped to participate in the grand re -opening if the City of Palm Springs will allow her to get away for it. C. INTRODUCTION OF COLLEGE OF THE DESERT SUPERINTENDENT/PRESIDENT DR. JOEL KINNAMON. Dr. Kinnamon was unable to be present at this meeting. His Introduction will be continued to the meeting of September 13, 2012. D. REQUEST FOR ACCEPTANCE OF LETTER OF RESIGNATION FROM YOUTH COMMITTEE MEMBER MITCHELL CHAPLIN AND FOR APPOINTMENT OF DANIEL SANFORD TO THE COMMITTEE. Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Accept letter of resignation from the Youth Committee by Mitchell Chaplin with very sincere regret; 2) appoint Daniel Sanford to the Palm Desert Youth Committee (term December 31, 2012). Motion was seconded by Harnik and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of July 12, July 26, and August 9, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 300, 305, 1, 4, 5, 6, 9, 12, 13, 14, 15, 17, 22, 23, 24, 26, 30, 31, 32, 35, 39, and 41. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTa for the Months of May 2012 and June 2012 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Califomia Pizza Kitchen, 73-080 El Paseo, Palm Desert. Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Grill -A -Burger, 73-091 Country Club Drive, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fresh Agave Mexican Bar & Grill, 73-325 Highway 111, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hibachi City Buffet, 72-600 Dinah Shore Drive, Palm Desert. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Stone Eagle Golf Club, 48-099 Highway 74, Palm Desert. Rec: Receive and file. I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Tilted Kilt, 72-191 Highway 111, Palm Desert. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. J. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of May 16, 2012. 2. Audit, Investment & Finance Committee Meetings of May 22 and June 26, 2012. 3. Marketing Committee Meeting of June 19, 2012. 4. Parks & Recreation Commission Meeting of June 5, 2012. Rec: Receive and file. K. LETTER OF RESIGNATION from Michael Barnard — Parks & Recreation Commission. Rec: Receive with very sincere regret. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 L. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged (September 2011, October 2011, November 2011, and December 2011 Records). Rec: Waive further reading and adopt Resolution Numbers: 1) 2012 - 55 - September 2011 Records; 2) 2012 - 56, - October 2011 Records; 3) 2012 - 57 - November 2011 Records; 4) 2012 - 58 - December 2011 Records. M. REQUEST FOR APPROVAL of Administrative Services Agreement with WageWorks for Administration of the City's IRS Section 125 Flexible Spending Accounts (Contract No. C32080). Rec: By Minute Motion, approve the Reimbursement Services Agreement with WageWorks for Administration of the City's Flexible Spending Accounts. N. REQUEST FOR APPROVAL of Amendment Two to the AB2766 Memorandum of Understanding (MOU) Between the City of Palm Desert and Coachella Valley Association of Governments (CVAG) (Contract No. C29932). Rec: By Minute Motion: 1) Approve Amendment Two to AB2766 MOU between CVAG and CVAG Member Jurisdictions for the purpose of operations and administration of the Regional PM10 Street Sweeping Program; 2) authorize the City Manager to execute the Amendment — AB2766 funds are derived from motor vehicle registration fee surcharges - there is no direct fiscal impact to the General Fund. O. REQUEST FOR ACCEPTANCE OF WORK and Approval of Change Order No. 1 to Contract No. C23110A — Highway 111 Sidewalk Improvements Project (B & T Works, Wildomar, CA) (Project No. 697-05). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $3,975 to the subject contract and extend the contract time frame by 13 days with no penalty assessed against the contractor, B & T Works; 2) authorize the Mayor to execute Change Order No. 1; 3) accept the work as complete and authorize City Clerk to file a Notice of Completion for the subject project — funds are available in the Measure "A" Account, No. 213-4362-433-4001 - Highway 111 Improvements. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 P. REQUEST FOR ACCEPTANCE OF WORK and Ratification of Payment for Additional Work by Sladden Engineering for the Cook Street Drainage and Intersection Improvements Project — Contract No. C29370C (Project No. 505-03) (Cooley Construction, Inc., Hesperia, CA). Rec: By Minute Motion: 1) Accept the work as complete and authorize City Clerk to file a Notice of Completion for the subject contract; 2) ratify approval by the City Manager for an additional payment to Sladden Engineering, Beaumont, Califomia, for work requested by the City in the amount of $16,581.70. Q. REQUEST FOR ACCEPTANCE OF WORK — Contract No. C31460 — Willows Room - Conference Room Lighting/Ceiling Remodel at Desert Willow Golf Resort (Seto Construction, Inc., Bermuda Dunes, CA). Rec: By Minute Motion: 1) Accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project; 2) declare the existing metal gate between the Willows Room lobby and the Conference Room as surplus property and authorize staff to dispose of it. R. REQUEST FOR ACCEPTANCE OF WORK — Contract No. C31710 — 2012 Curb Ramp Modification Project (Project No. 753-12) (Simon Contracting, Indio, 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. S. REQUEST FOR AUTHORIZATION to Release Security for Tract No. 32498 and Accept New Security and Agreement Therefor (Harrison Road Ventures, LLC, Applicant) . Rec: By Minute Motion, authorize release of security for Tract No. 32498 and accept new security and agreement therefor. T. REQUEST FOR APPROVAL of the First Annual Fall Concert Series - 2012. Rec: By Minute Motion: 1) Approve the Fall 2012 Concert Series Schedule; 2) approve Contract No. C32090A with Reaction in the amount of $500; 3) approve Contract No. C32090B with Renee Rojanaro in the amount of $1,350; 4) approve Contract No. C32090C with Brent Payne and Dakota in the amount of $1,325; 5) approve partnership with Family YMCA of the Desert for Surfin' USA Performance; 6) approve expenditure with Studio Instrument Rentals (SIR), Palm Springs, California, for concert professional staff, 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 instrument equipment, sound, and/or lighting in conjunction with the concerts; 7) approve 5% fee with Gigmasters Online Website for booking services of selected bands in an amount not to exceed $200; 8) authorize Mayor to execute said contracts — funds are available in Account No. 110-4416-414-3061. U. REQUEST FOR APPROVAL of 2012 Palm Desert Golf Cart Parade and Sponsorship for the Event on Sunday, October 28. Rec: By Minute Motion: 1) Approve Sponsorship in the amount of $25,000 and In -kind Public Works Services for the Palm Desert Golf Cart Parade; 2) authorize expenditure of funds from Account No. 110-4416-414-3062; 3) permit the sale, possession, and consumption of alcoholic beverages on City -owned property in connection with the event on Sunday, October 28, 2012; 4) authorize El Paseo road closure for the event; 5) waive Section 11.01.140 of the Palm Desert Municipal Code - Amplified Sound. V. REQUEST FOR APPROVAL of Sponsorship Payment to Desert Recreation District for the February 2013 International Sports Festival. Rec: By Minute Motion, approve payment in the amount of $26,000 to Desert Recreation District for the 2013 International Sports Festival from Account No. 110-4416-414-3062 — funds have been budgeted to this Account for FY 2012-2013. W. REQUEST FOR RATIFICATION of Out -of -State Travel for Captain Scott Visyak, Palm Desert Fire Department, for Travel to Houston, Texas, to Inspect and Take Possession of Palm Desert's New Medic Unit. Rec: By Minute Motion, ratify Out -of -State Travel by Captain Scott Visyak, Palm Desert Fire Department, for travel to Houston, Texas, to inspect and take possession of Palm Desert's new Medic Unit. X. REQUEST FOR APPROVAL of Out -of -State Travel for Palm Desert Visitor Center Coordinator to Attend the 2012 Las Vegas Souvenir and Resort Gift Show from September 12 - 14. Rec: By Minute Motion, authorize the Palm Desert Visitor Center Coordinator to attend the Las Vegas Souvenir and Resort Gift Show in Las Vegas, Nevada, September 12 -14, 2012 — funds are available in General Fund Account No. 110-4419-453-3120 - Visitor Center Conference/Seminars/Workshops. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 Y. INFORMATIONAL REPORT on a Temporary Use Permit Application by the Palm Springs Art Museum -Palm Desert to Host a Fund-raising Event on February 25-26, 2013. Rec: Receive and file. Councilmember Harnik asked that Item I be removed for separate consideration Under Section XI, Consent Items Held Over. Upon a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Tilted Kilt, 72-191 Highway 111, Palm Desert. Councilmember Harnik recused herself from this item and left the Council Chamber. Upon a motion by Spiegel, second by Kroonen, and 4-0 vote of the City Council, with Harnik ABSENT, the Application for Alcoholic Beverage License by Tilted Kilt was received and filed. XII. RESOLUTIONS A. RESOLUTION NO. 2012 - 59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE CITY'S FY 2012 STATE HOMELAND SECURITY GRANT PROGRAM APPLICATION AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT APPLICATION AND ALL OTHER GRANT DOCUMENTS. Risk Manager Steve Aryan stated this grant will help fund one Community Emergency Response Team (CERT) course the City is planning on hosting in Palm Desert; the cost is approximately $7,800. Councilmember Finerty moved to waive further reading and adopt Resolution No. 2012- 59. Motion was seconded by Kroonen and carried by a 5-0 vote. XIII. ORDINANCES A. For Introduction: None 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR CITY COUNCIL REVIEW OF AN APPROVAL BY THE ARCHITECTURAL REVIEW COMMISSION FOR AN EXTERIOR FACADE RENOVATION TO THE BUILDING FORMERLY KNOWN AS LG'S STEAKHOUSE LOCATED AT 74-225 HIGHWAY 111, PALM DESERT (One El Paseo West, LLC, Applicant). Assistant Planner Kevin Swartz stated this item was called up by the City Council. The exterior facade enhancements were approved by the Architectural Review Commission (ARC) on July 10, 2012. The building officially opened October 1948 and is on the City of Palm Desert's "Unofficial Current Investigation Site Listing" of potential historically significant sites to be considered a designated landmark. Comments have been received by the general public that the building is on the California Registers Historical Resource list to be eligible for historic designation. Staff contacted Coordinator of Eastern Information Center Matthew Hall and he clarified the following items in the staff report that were inaccurate: 1) Dr. Hall works for University of California, Riverside and is under contract with the State; 2) the staff reports states there are three steps in determining if a building/site is historic. Step One is correct, which is an individual can request a property to be placed on an inventory list; 3) Step Two outlined in the staff report is incorrect. Dr. Hall and UCR have nothing to do in determining if a building is eligible and be placed on the California Registers List. In order to be placed on the California Registers or the National Registers List, an individual would have to fill out the appropriate paperwork and submit it. Once submitted, that individual would then hire a consultant to research the property and make a recommendation to the California State Historic Resources Commission. At this time no one has submitted the paperwork, and the property is currently not on the Califomia Registers or National Registers Lists. 4)Today the property is classified as "7N," and the staff reports states it meant it needs to be evaluated; however, it actually means it needs to be "re-evaluated" to determine if the property is eligible as a significant historic site. 5) The staff report states the property is not eligible, which is incorrect. The property needs to be re-evaluated for its eligibility as a significant historic site. Since the property is not on State or Federal land nor received State/Federal funds, the City Council may deem the site as historic, because it is in Palm Desert. In order to do this, the property would be evaluated by the City's Historic Preservation Committee and they will make a recommendation to the Council. However, City Ordinance No. 1168, Title 29, Cultural Resources - requires written consent from the property 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 owner to participate in the program. The property owner has submitted two letters dated February 24, 2009, and July 13, 2012, stating he did not wish to participate in the program. With regards to the California Environmental Quality Act (CEQA), in speaking to the City Attorney and research, staff believes the information outlined in the staff report under Environmental Review is correct. He noted the Architect will review the design and elevations, and the property owner was available to address any questions. MS. KIM HOUSKEN, 73237 Somera, Palm Desert, stated she was currently the Chair of the City's Cultural Resources Preservation Committee and felt it was her duty to inform the Council that she felt the City was failing to follow CEQA with regards to this building. She said this project did not go through their Committee, which she felt would have been logical for them to weigh in on something of this nature. She knew many people were passionate about the building, stating she reviewed the 1991 minutes when the two-story building was approved, and then Councilmember Roy Wilson stated "The architecture is much better, but it still diminished the importance of what he felt was the most significant historical building in the City of Palm Desert and one that should be focused, spotlighted, and held up as Palm Desert's beginnings." Furthermore, the staff report at that time prepared by Phil Drell, acknowledged that the re -designed architecture would provide better visibility for the historic Desert Magazine building. While all these statements were opinions, she would like to state that statutorily the City needed to look at CEQA in determining whether the building was significant. In Council's packet there is a letter from Ron Marshall (President of Palm Springs Preservation Foundation), which laid out clearly what CEQA looks for in determining whether or not the building is a historic resource, and it was up to the local agency, the City, to evaluate it on the four requirements that would make it eligible for the State Register listing; it only needs to meet one of the four requirements. The evaluation sheet that was included in the packet from Patrick McGrew (McGrew/Architecture), basically establishes that the building would meet three of the four requirements, but only one was needed, which would then trigger CEQA. It didn't mean nothing could be done with the building, but that a hard look would need to be taken. She noted the staff report incorrectly stated the building was on a County inventory, but it was actually placed on the State inventory in 1981 when a survey was done. In 1995 the building was re-examined by the State when it was given a status 4S, which meant it may become eligible for a separate listing in a National Register when it became old enough. In other words, the building is only 47 years right now, but when it becomes eligible, it should be looked at again not just for a local or state level, but for the National Register level of significance. She said it would be a feather in the cap to be listed on the National Register, and whether or not a property owner chose to move forward, that would be their option. She went on to say that sometime between 1995 and 2003, the Codes were amended through the State where it listed the Code "7N," which meant the property needs to be re-evaluated. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 A survey should be updated every five years, which is why it's listed as needing to be re-evaluated in order to ensure a building still existed, and check if it qualified for the National Register. On page three, the staff report states, "Since the building is not eligible to be a historic site, and it does not meet the County of Riverside and State's guidelines, additional CEQA is not required," which was wrong, because no one has determined it was not eligible. As noted by Dr. Hall, it needs to be re-evaluated and it would be up to the local agency to look at it based on those four requirements. Lastly, within the State Code, there is a "Not Eligible" code for the non -eligible; however, this building has a code to be re-evaluated, and it's up to the City's to re-evaluate the building for the California State Register. Anyone can make a nomination of a building to that register, but it needs to be re- evaluated to determine if it's eligible. At this point, she recommended a continuance to allow Planning staff to review this further, because there were other flaws in their statements from Dr. Hall, but she was glad that Mr. Swartz noted some of the corrections. She felt this was something new and unique for the Planning Department, because it's never been done before, but she would error on the side of caution in moving forward with this project. MR. RON MARSHALL, President of Palm Springs Preservation Foundation, Palm Springs, stated their mission actually extended Coachella Valley wide, and they are proud to have 65 members who identify Palm Desert as their primary resident. They are currently involved in a pro bono effort to help the Sandpiper Homeowners Association become a historic district. They recently provided the Council with a 12-page letter, which was sent to the City Manager expressing their concern that the proposed remodel of the Desert Magazine building was destructive because it eliminated many character defining features. Their letter included a historic evaluation report for the Desert Magazine building designed by Architect Harry Williams. They believe the Desert Magazine building is the most historically and architecturally important commercial building in the City of Palm Desert, which is a view held by the Historical Society of Palm Desert. He can appreciate the Architectural Review Commission (ARC), which is composed of very competent architects and professionals, but frequently architects can have entire careers without working on a historic building. In those cases, review boards need to evaluate projects, such as the Desert Magazine building in accordance with the United States Secretary of the Interiors Standards for the Rehabilitation of Historic Buildings, which is a set of objective standards relied upon cities throughout the Country; this can be done either formally or informally. He said this project failed to meet many of those standards, because the proposed remodel destroys many of the building's character defining features. He asked the Council to not treat this building like a Seven Eleven or Dollar Store, because this was an important building and it needed special consideration. Additionally, the Council played an important role in guaranteeing that the City's historic and cultural resources are protected, and it should not allow this 64-year-old building to 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 be needlessly and destructively altered. He asked the Council to rescind this project outright or at a minimum return it to the ARC for an evaluation with the established standards set forth by the U.S. Department of Interior. MS. JANICE R. HOLMLUND, Rancho Mirage, CA, stated she and Ken Routh had documents available confirming that the Desert Magazine building was listed at the State level as stated by Ms. Housken. She said the Riverside office only kept a listing, but did not conduct any documentation or investigation. She concurred with Ms. Housken's recommendation for the Council to take time to look at this matter, because she believed mistakes had been made in the past where property had been lost that might have been saved. She read the following statement from CEQA, "A resource does not need to have been identified previously either through listing or survey to be considered significant under CEQA. In addition to assessing whether historical resources potentially impacted by a proposed project or listed or had been identified in a survey process. Lead agencies have a responsibility to evaluate them against the Califomia Register criteria prior to making a finding as to a proposed project impact to historical resources." This is listed as PRC Section 21084.1, 14CCR, Section 15064.53. She would like to interest the Council in the concept of historic preservation as a worthy activity for the community. She said the City no longer had Redevelopment, but it MI still had the Historic Preservation, which has saved many communities, giving vitality and vigor to them. Additionally, the tax benefits were real, not wi only through the Mills Act, but through the Federal Tax Act. She encouraged the Council to obtain professional comments as advisement from LSA Associates who prepared the Ordinance, stating they can be called on this matter, because their cost would be modest and they have experience. Additionally, the City could obtain advise from the State Historic Preservation Officer, and Keith Herron at the Riverside County level. She said instead of taking things on the cuff, the Council should do its research, because Palm Desert had a building worth saving. MR. DON GRAYBILL, Representative of Historical Society of Palm Desert, stated the Council was making history today as individuals and as one Council where the majority ruled. The three primary purposes of the Historical Society are to preserve buildings of historic value, preserve the history of the desert regions, educate the public, and to assist the school district in the education of students in an appreciation of the culture of the community and historic value of their environment, all of which pertain to this building. The three reasons the Desert Magazine building was important is as follows: 1) It is the first commercial building in Palm Desert on the south side of Highway 111; 2) the building is associated with the founders of Palm Desert; 3) it is an early and largely intact example of Pueblo Revival style. He said all these qualities make the building a valuable asset to the community and the Council should do what it's capable to honor these worthwhile purposes. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 MS. GALE BROEKER, Palm Desert, CA, stated she should probably talk about the history of the building and that if it wasn't for Randall Henderson moving his publishing company to Palm Desert, there probably wouldn't be a City here today, but rather she questioned why the property owner would be ripping the front off this building and putting in a patio. She drove down Highway 111 and noticed Tilted Kilt once had a patio, but it was shut down because of noise, and others like Bella Vita, Quiznos, McDonald's, Elephant Bar, McGowan's, or Ruth's Chris Steak House didn't have a patio. She questioned why this property owner wanted a patio facing Highway 111 because none of the other restaurants had one. She is offended by absentee landlords coming into this fair community and dictating how it needed to have its restaurants. She said anyone who lived here knew no one sat out on a patio on the edge of a highway to have a decent dinner. The fact that LG's had been closed for five years, the Applicant should have been concerned about it prior; therefore, she objected to the whole process of the outside dining patio and basically destroying a historic building. MR. MICHAEL RIDER, Palm Desert, CA, stated he heard all the speakers talking about the historic value of this building. However, he's traveled with his son around the Country looking at historic castles and buildings, and this building has been remodeled and revamped from the interior from its original state. He said perhaps if it was intact from its original shape, it might have historic value, but at this point and time it didn't. MR. JOHN VUKSIC, Prest Vuksic Architects, stated he would briefly review some of the design features of the proposed remodel. He displayed the proposed design and explained that the existing patio on the right side was added later and not part of the original architecture, and he is proposing a patio on the left side. The existing patio on the right has a large handicap ramp that's been consolidated and made tighter, which allows them to add a patio. Additionally, they are adding glass to the front of the building. The center of the building is the tallest portion, and it currently has large wood doors, which were added about 20 years ago by LG's Steakhouse; they are not original to the building. He is proposing to remove them and adding glass doors and stone elements to extenuate the entrance. The left side of the building was the entrance to what used to be Kaiser Grill where they plan to add a stone column and more steps. He displayed the east side of the building, which was the former Kaiser Grill patio, which included an entire layer with patios, walkways, planters, and stairs that were added about 20 years ago. Behind that area, the original building is there, but even that was reworked with a variety of door systems that are now dilapidated. He plans to add new wood doors and windows to the two elevations. On the north side of the building, the patio was also added later from the original architecture, including the entire east side of the building, which are primarily the things that will be altered. Throughout this process, the goal from the very beginning was to be respectful of the building and the architecture. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 They made it a point to not change any of the massing of the building or the parapet lines, but will add windows to bring Tight into the interior and add some patios. He said they were respectful to the architecture, but still making the building more leasable for the owner. In response to concerns raised, he said the budding has some vegas, which are small logs attached to the building that will be removed; the vegas are not structural. He said they will be happy to remove them with care so they can be stored for later use if anyone wanted to restore the building. And finally, the top of the building where there is a wave to the parapet will be smoothed out. Responding to question, he said the vegas are original to the building, adding that the building will remain with something of a pueblo revival motif but with a contemporary edge to make the building more commercially viable. Mayor Pro Tem Kroonen asked if Mr. Vuksic could provide a chronology of the alterations to the building in order to gain an understanding as to how different the building is now from what it was originally. Ili No MR. VUKSIC responded that in general, when the building became a restaurant, which was about 20 years ago, patios, ramping systems, stairways, and covered areas on the east side were added. Everything a1 beyond the basic box of the building, which was a lot of material, was added about 20 years ago. el Mayor Pro Tem Kroonen noted the interior started out as a print shop. MR. VUKSIC agreed, stating the interior had nothing that was original. The interior had been gutted and completely rebuilt for use as restaurants. Even the things that appeared to look old, like the large wood beams, were actually attached to steel beams, which were part of a remodel. Mayor Pro Tem Kroonen asked about its proximity to the highway, because there was a perception that if one sat in the patio, one will be immediately by the sidewalk breathing the fumes from Highway 111. He recalled there was a significant distance between Highway 111 and the setback of the building. MR. VUKSIC explained there was a fair amount of parking in front, and a two-story building on the northeast corner that shields it from the comer traffic. With regards to the patio dining, he said it was important in today's environment for this type of restaurant. There is a desire to have more of an active area within a restaurant where people like to see activity, and then there is a passive area, which is further back. Having a visual connection between the inside and outside patio with the glass doors was an important element to the success of this restaurant remodel. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 Councilmember Benson stated she was around 20 years ago when the building was first remodeled and there was no outcry from the Historical Society or the City's Preservation Committee. She said nothing was said about the changes for the LG's Steakhouse and Kaiser Grill, and the proposed design didn't demonstrate any damage to the building that wasn't done before. She said the building was no longer original as it had already been remodeled and this design enhanced it. She didn't believe great damage was being done to the history of Palm Desert by allowing the building to be made viable and usable for the community to enjoy. Mayor Pro Tem Kroonen stated he was here longer than Councilmember Benson, and he felt a close attachment to the building in many ways. When he was 10 years old, his brother-in-law was a mason and working on the building; therefore, he had an emotional attachment to it. However, he felt a sensitive approach had been taken to the building, he reviewed the plans, and he believed it retains the character and spirit of the building as he saw it many years ago. He said it was appropriate to go ahead with this action. Councilmember Harnik stated this was an extremely difficult matter, because the passion was evident on both sides and recalled when the building was Geronimos. She appreciated what the architect did with strong nods to the past with the overhangs. Unfortunately, one side of the building was empty for five years and the other for one year. However, there was currently an owner who made the investment in this property. She said this was a troubling decision, but believed the Council had to allow a property owner exercise his property rights. Councilmember Finerty stated that in initial discussions about the whole mission of the Preservation Committee, one of the issues discussed had to do with what the property owner would want to do, and that before moving forward with any particular project, the City had to ensure whether or not the property owner wanted to participate. As a strong proponent of property owners and property rights, this owner clearly expressed his wish to not participate in a recent letter submitted within the last month. She realizes that from a practical point of view, it would be nice to save everything that one is passionate about. However, in these economic times, there is only so much that can be saved, and later in the agenda the Portola Community Center will be discussed, which is the old library. She reiterated there was only so much a City can do when it came to preserving old buildings and protecting property rights. She said this property owner had spoken, and she wanted to respect his wishes. Mayor Spiegel concurred with all his colleagues comments. He said the property is currently empty and the City is in need of sales tax, especially with the loss of Redevelopment; a loss of $20 million. He noted the 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 developer had not asked for anything from the City except to create a nice restaurant. Therefore, he was in favor of staffs recommendation. Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Uphold the Architectural Review Commission approval of exterior facade renovations to the building formerly known as LG's Steakhouse; 2) adopt Notice of Exemption Form "B." Motion was seconded by Harnik and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF PROPOSAL "DESERT WINDOWS" BY STEVEN RIEMAN AS SECOND PUBLIC ART COMPONENT FOR THE WESTIN DESERT WILLOW PROJECT LOCATED AT 75 WILLOW RIDGE, PALM DESERT (WVC Rancho Mirage, Inc., Applicant). Public Art Coordinator Deborah L. Schwartz offered to answer any questions and noted the Applicant was available as well. Mayor Pro Tem Kroonen moved to, by Minute Motion, approve the proposed artwork, "Desert Windows," by Steven Rieman as the second public art component for the Westin Desert Willow located at 75 Willow Ridge, Palm Desert. Motion was seconded by Hamik and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF A SUB -REIMBURSEMENT AGREEMENT BETWEEN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) AND CITY OF PALM DESERT FOR THE 1-10/DATE PALM DRIVE INTERCHANGE PROJECT (CONTRACT NO. C32100). Mayor Spiegel said he voted against this agreement at CVAG, because he didn't feel it involved Palm Desert and it was not in its sphere. However, the City didn't really have a choice, and he would have to move to approve. Mayor Pro Tem Kroonen agreed, stating he expressed the City's opinion along the same lines at the CVAG Transportation Committee. Mayor Spiegel moved to, by Minute Motion: 1) Approve the Sub -reimbursement Agreement between CVAG and City of Palm Springs, City of Rancho Mirage, City of Desert Hot Springs, and City of Palm Desert for the Interchange Project at 1-10 and Date Palm Drive; 2) appropriate $2,637.41 from Unobligated Measure "A" funds to Account No. 213-4372-433-4001; 3) authorize Mayor to execute the Agreement — funds are available in Unobligated Measure "A" funds and Measure "A" Account, No. 213-4372-433-4001. Motion was seconded by Kroonen and carried by a 5-0 vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 D. REQUEST FOR AUTHORIZATION TO PURCHASE GOLF COURSE IRRIGATION SUPPLIES FROM HIGH TECH IRRIGATION, INC., FOR THE DESERT WILLOW GOLF RESORT FOR FISCAL YEAR 2012-2013 IN AN AMOUNT NOT TO EXCEED $55,000 (CONTRACT NO. C32110, PROJECT NO. 841-13). Mr. Greenwood noted the staff report and offered to answer any questions. Councilmember Benson moved to, by Minute Motion: 1) Authorize purchase of Golf Course Irrigation Supplies from High Tech Irrigation, Inc., Indio, California, for FY 2012-2013 in an amount not to exceed $55,000; 2) determine that the Golf Course Irrigation Supplies must be sole -sourced; 3) authorize City Manager to execute the contract —funds are available in Course and Grounds Expenses, Account No. 520-4195-495-8031. Motion was seconded by Kroonen and carried by a 5-0 vote. E. REQUEST FOR AUTHORIZATION TO PURCHASE GREENS FERTILIZER PRODUCTS FROM SOUTHWEST TURF SUPPORT, LLC, FOR DESERT WILLOW GOLF RESORT - FISCAL YEAR 2012-2013 IN AN AMOUNT NOT TO EXCEED $90,000 (CONTRACT NO. C32120, PROJECT NO. 840-13). Councilmember Benson moved to, by Minute Motion: 1) Authorize Desert Willow Golf Resort to purchase Greens Fertilizer Products from Southwest Turf Support, LLC, Phoenix, Arizona, for FY 2012-2013 in an amount not to exceed $90,000; 2) determine the Golf Course Greens Fertilizer must be sole -sourced; 3) authorize the City Manager to execute the contract — funds are available in Course and Grounds Expenses, Account No. 520-4195-495-8031. Motion was seconded by Kroonen and carried by a 5-0 vote. F. REQUEST FOR AWARD OF PURCHASE OF 222,500 POUNDS OF GRASS SEED TO SIMPLOT PARTNERS IN THE AMOUNT OF $194,130.35. Mayor Pro Tem Kroonen moved to, by Minute Motion, award the purchase of 222,500 pounds of Grass Seed to Simplot Partners; Palm Desert, California, in the amount of $194,130.35 — funds are available in General Fund Account Nos. 110-4610-453-2190 - Supplies/Other, 110-4610-453-3371 - R/M Tri-Cities Sports Facility, and 110-4614-453-3370 - R/M Medians for the City's portion and the Desert Willow Corporation will fund the balance. Motion was seconded by Harnik and carried by a 5-0 vote. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 all G. REQUEST FOR AWARD OF CONTRACT TO TERRA NOVA PLANNING & ad RESEARCH, INC., FOR UPDATE OF THE CITY'S 2014-2021 HOUSING ELEMENT AND THE 6TH REGIONAL HOUSING NEEDS ASSESSMENT CYCLE (RHNA) AS REQUIRED BY THE STATE OF CALIFORNIA (CONTRACT NO. C32130). Councilmember Benson requested the amounts of the three bids submitted, because they weren't included in the staff report. Assistant Planner Kevin Swartz responded Terra Nova was $47,000, Lisa Wise Consulting was $44,000, and Jean Laurin-Lawrence/Castaneda was $29,000. He said the City of Palm Desert Housing Element was last updated and approved by the State Department of Housing and Community Development (HCD) on July 7, 20111. Although the update isn't due until October 2013, the City needs to commence the work in 2012. The funds were available in fiscal year 2012/2013 budget for this State -mandated work, in Account No. 400-4470-412-3090. Staff sent out four Requests for Proposals (RFP) for professional services and received three. Planning staff put together an evaluation team that consisted of four member. After calculating the scoring process and discussion, the evaluation team selected Terra Nova. The Council received a letter from one of the candidates who was not selected mentioning cost as one of the factors. However, State law prohibits a City in making a selection solely on price, but it can be one of the evaluating criterias, which it was. The letter also focused on a statement in the staff report that stated Terra Nova had demonstrated the greatest knowledge of Palm Desert history of providing quality affordable housing. He noted that statement was included in the staff report to provide the Council background information, but it was not one of the scoring criterias. He displayed on the screen a detail description of how the points were awarded, and noted the staff report was an abbreviated description. He explained that there were four members in the evaluation team, and five points were the maximum allowed for each criteria, except for Local Office, that was three points maximum. The criterias were Qualifications of Firm, Project Understanding/Scope, Capacity to Perform Services in the Required Timeframe, Completeness of Response, Cost, and Local Office. Based on the criteria and scoring outcome, Terra Nova was selected. Councilmember Finerty stated the scoring difference between Terra Nova and Laurin-Lawrence/Castaneda & Associates (JLL/C&A) was .7 points. She questioned why staff still felt Terra Nova was the better way to go knowing the slight difference in the scoring. Mr. Swartz responded staff's recommendation was based on the qualifications of the firm and its understanding of the scope of work. um ad 20 W. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 Councilmember Finerty asked if the second lowest bidder didn't understand the scope of work, why were they rated 16.95 points, which was only .7 points lower. Mr. Swartz pointed out that under Cost, JLUC&A received the maximum amount of points of 20, and under Qualifications of Firm they received 16 points; Terra Nova received 20. For criteria Understanding the Scope of work, JLUC&A received 17 out of 20, and Terra Nova was 20 out of 20. The four team members that reviewed the bids felt Terra Nova was more qualified. Councilmember Benson stated she understood Terra Nova had done a lot of work in this City, but couldn't understand the difference between $47,000 and $29,000 in these economic times when the City was trying to save money that it would overtook the difference. And from the letter received from Jean Laurin-Lawrence/Castaneda & Associates, they appear to be just as qualified. To say they are not familiar with the Coachella Valley with the resume of cities they've worked with, it seems they were not given enough credit. Responding to question, Mr. Swartz said he received the letter at 4:30 p.m. Councilmember Finerty stated the Council received it at 1:30 p.m. with adequate time. Mayor Pro Tenn Kroonen noted the letter was received so last minute that he would expect a firm that felt this strongly and eloquently represented its concerns in the letter, might have taken steps significantly prior to meeting time. Responding to question about the deadline, Mr. Swartz said the Housing Element Update was not due until October 2013, but staff wanted to get started immediately. Councilmember Harnik stated if was difficult to understand how there could be a 50% difference in the bid amounts that she questioned whether the scope of work was understood. Additionally, the other bid was $44,000 Mayor Spiegel suggested staff take another look at this matter and return the first meeting in September. Councilmember Benson concurred, stating the disparity between the two figures was not realistic. Mayor Spiegel moved to, by Minute Motion, continue this item to the Meeting of September 13, 2012. Motion was seconded by Kroonen and carried by a 5-0 vote. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 H. REQUEST FOR AWARD OF CONTRACT TO GARLAND/DBS, INC., IN THE AMOUNT OF $583,534 FOR ROOF REPLACEMENTS AT THE SHERIFF'S SUBSTATION AND FIRE STATION NOS. 33 AND 71 (CONTRACT NO. C31940, PROJECT NO. 761-13). Mayor Spiegel questioned why staff was recommending a contractor from Cleveland, Ohio. Mr. Greenwood responded Cleveland was the home base for the manufacturer of the material. The contractor, Huffman Roof Company was in Riverside, which is relatively local. Further responding, he said this roof is specialized and fairly complex, stating local roofing contractors were offered the opportunity to become qualified for this roofing system, but none have taken that opportunity. Mayor Spiegel asked if this project went out to bid. Mr. Greenwood explained this project was being done through a national purchasing agreement that offers the lowest reasonable price for govemment agencies. Therefore, this project wasn't bid specifically, but the. material vendor sought local contractors, and the one in Riverside was the lowest price. Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Award subject contract for Roof Replacements at the Sheriffs Substation and Fire Station Nos. 33 and 71 to Garland/DBS, Inc., Cleveland, Ohio, in the amount of $583,534; 2) approve a 10% contingency for the project in the amount of $58,353.40; 3) authorize the Mayor to execute said contract; 4) waive further reading and adopt Resolution No. 2012-61 for the City to utilize the Master Intergovernmental Cooperative Purchasing Agreement for this contract — funds are available for this project in New Construction Tax - City -owned Facilities, Account No. 231-4164-415-4001, and in Capital Project - Building Maintenance - Public Safety Fire Services, Account No. 450-4220-454-4001. Motion was seconded by Harnik and carried by a 5-0 vote. I. REQUEST FOR EXTENSION OF THE COOPERATIVE AGREEMENT TO PROVIDE FIRE -RELATED SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT UP TO JUNE 30, 2013 (CONTRACT NO. C23910). Councilmember Finerty moved to, by Minute Motion, approve an extension up to June 30, 2013, to the existing Cooperative Agreement to Provide Fire -related Services Between the County of Riverside and the City of Palm Desert. Motion was seconded by Kroonen and carried by a 5-0 vote. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 J. REQUEST FOR APPROVAL OF CONSERVATION EASEMENT WITH THE COACHELLA VALLEY CONSERVATION COMMISSION (CVCC) FOR LANDS WITHIN THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PROGRAM (CVMSHCP) AND DIRECTION TO STAFF ON HILLSIDE PROPERTIES THAT ARE OUTSIDE OF THE CVMSHCP BOUNDARIES. Senior Management Analyst Ryan Stendell stated the staff report outlined properties that fell within and outside the current conservation areas with several options of ways to proceed. He offered to answer any questions and take direction from the City Council. Councilmember Finerty asked how much money did Bureau of Land Management (BLM) have to purchase land. Mr. Stendell responded the Land and Water Conservation Funds are federal grants, and there are not many of them. Further responding, he agreed they probably didn't have any funds. Councilmember Finerty asked if they did have money, what would the priority be to purchase this land. Mr. Stendell stated BLM had a long list of properties to go after, and in discussion with Jim Foote, there are several that would have priority over these. Councilmember Finerty stated the reality was that Option Two listed in the staff report was not a reality, because BLM had no money and it would be low priority land for them to purchase. Mr. Stendell agreed it was not realistic in the short-term, but realistic within five years with a continuation of Option 3 where staff continues to manage the land until BLM is able to purchase. Councilmember Finerty noted the staff report stated, "This re -zoning action protects the City and former Redevelopment Agency property from development but does not prohibit future Councils from re -zoning the property again." Therefore, the only certain way to ensure the land that has been purchased in the hillsides for permanent conservation was to basically place a conservation easement over it, similarly to the next item on the agenda where the City required Stone Eagle and Cornish to do the same. Mr. Stendell responded that if Councilmember Finerty was using permanent conservation in the context of conservation easement only, the answer is yes. However, BLM ownership would also place these properties under 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 permanent conservation as they would be part of the Santa Rosa/San Jacinto National Monument, which would be preserved via the Federal Standards that BLM operates under. Further responding, he agreed BLM currently didn't have funds and there would be a time gap before they can purchase. Upon question, he said staff was currently managing the property with a little bit of assistance from BLM. Mayor Pro Tem Kroonen noted he represented the City on the Board of the Conservancy, although he had no material interest. He asked the City Attorney if this Council can take action that would tie the hands of future Councils. Mr. Erwin explained that if this Council were to establish a Conservation Easement it would tie future Councils hands. Further responding, he said it was permissible for Council to take such action if it wished. Mayor Pro Tem Kroonen stated he was concerned with the thought of this Council taking action today that would forever tie the hands of its successors without giving them the option to review what might be appropriate/inappropriate at some future time. Councilmember Finerty stated the City purchased this land because it wanted conservation, which meant permanent protection, and the only way to guarantee permanent protection was via a conservation easement, just like it was imposed upon Stone Eagle and Cornish. Councilmember Benson agreed with Councilmember Finerty's statement, because the Council wouldn't want to pass something that someone else can undo after spending all the money buying these parcels in the hillside in order to protect them. Mayor Pro Tem Kroonen reiterated that he felt strongly that this Council should not do anything that would tie the hands of its successor, whether that would be 20 or 50 years down the line. They should have the liberty or opportunity to make a decision that would be appropriate for those times and those circumstances. Mayor Spiegel concurred, stating it didn't make sense to tie future Councils hands. He said it should be left alone, because nothing can be built on them anyway. Additionally, the Council wouldn't allow anything to be built there, but if 35 years from now that Council felt it should be changed, they should be able to do so. Councilmember Finerty stated she was in favor of Option One, which would protect the land already purchased and prohibit future Councils to undo what 24 O.- MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 has been accomplished. She said the hillsides were the City's treasure and they need to be protected similar to how it required Stone Eagle and Cornish. Councilmember Finerty moved to, by Minute Motion, approve Coachella Valley Mountains Conservancy (CVMC) proposed easement and endowment of $15,000 for management of the 100 acres through a conservation easement for a period of 10 years, after which the land would be evaluated and adjusted based on actual expenditures. Motion was seconded by Benson. Responding to question, Mr. Stendell explained the expense associated with Option One is $15,000 for an endowment over 10 years. Further responding, he said if the funds are not used in ten years, the verbal indication from CVMC is that the funds will rollover and the City will renegotiate an agreement at that time. Mayor Spiegel called for the vote, and the motion FAILED on a 2-3 vote, with Harnik, Kroonen, Spiegel voting NO. Mayor Spiegel pointed out that staff was requesting direction for hillside properties outside the CVMSHP boundaries. Mr. Stendell explained there were two parts to the motion. Staff's recommendation was to proceed with the areas which are inside the CVMSHP area, and the second portion was to receive direction as to the properties outside of that area, which is where Option One, Two, and Three came in. Further responding, he said staff's recommendation was for Council to act on Item 1, which is to let the conservation easements go with CVAG and the Coachella Valley Conservation Commission (CVCC), and get direction for properties outside the CVMSHP boundaries. Mayor Pro Tem Kroonen noted he served on the Committee that was just rejected under Option One and stated he would be more comfortable with a combination of things. In other words, retaining the property with City staff overseeing it, and potential sale of the land to BLM at a later time with a resulting net income to the City, which was Option Three. Mr. Stendell stated that as Councilmember Finerty pointed out, it could be some time before BLM had funding, and until that time, staff would continue to manage those properties with the Open Space designation with the potential of forming a Purchase and Sale Agreement. Further responding, he said with the zoning of Open Space, the land is protected against development. Upon question, he said that zoning can be overturned. Councilmember Finerty pointed out that it wasn't then permanent protection. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 Councilmember Harnik moved to, by Minute Motion: 1) Direct staff to prepare a Conservation Easement with the Coachella Valley Conservation Commission (CVCC) for lands within the Coachella Valley Multiple Species Habitat Conservation Program (CVMSHCP), subject to final approval by the City Manager and City Attorney; 2) retain City's hillside parcels that are outside of the CVMSHCP boundaries, with City staff continuing to oversee them with existing open space designation and possible potential sale of land to Bureau of Land Management (BLM) at a later time with a resulting net income to the City. Motion was seconded by Kroonen and carried by a 3-2 vote, with Benson and Finerty voting NO. K. REQUEST FOR ACCEPTANCE OF CERTAIN CONSERVATION EASEMENTS FOR THE STONE EAGLE AND CORNISHE OF BIGHORN PROJECTS, APPROVAL OF THE FIRST AMENDMENT TO AN EXISTING CONSERVATION EASEMENT AND AN AGREEMENT REGARDING EASEMENTS AT STONE EAGLE, AND AUTHORIZATION FOR MAYOR TO EXECUTE SAID DOCUMENTS. Ms. Aylaian noted the staff report and offered to answer any questions. She explained these recommendations dealt with various projects that have been in the pipeline for a period of time. They are more housekeeping items, because these projects have both committed to providing the City with Conservation Easements and staff was now following through on those previous commitments. Councilmember Finerty stated she found it interesting that the City was comfortable in tying the hands of Stone Eagle and Cornish. Mayor Spiegel moved to, by Minute Motion: 1) Accept Conservation Easements from Stone Eagle, LLC, and Stone Eagle Association for a total of approximately 57.2 acres; 2) approve First Amendment to Conservation Easement with Stone Eagle Open Space, LLC; 3) approve Agreement Regarding Easements between City of Palm Desert and Stone Eagle, LLC; 4) approve Covenant of Easement for Conservation of approximately 8.74 acres at Cornishe of Bighorn Project; 5) authorize the Mayor to execute above -described documents. Motion was seconded by Harnik and carried by a 4-1 vote, with Benson voting NO. L. CONSIDERATION OF A REQUEST FOR FUNDING IN THE AMOUNT OF $25,000 BY THE COACHELLA VALLEY RESCUE MISSION FOR THEIR EMERGENCY HOMELESS OVERNIGHT FUND. Mr. Aryan stated the Coachella Valley Rescue Mission indicated that due to a substantial reduction in County funding, they are forced to reduce their overnight shelter capacity. They therefore, sent a letter to the City requesting $25,000 in support of this fund. Given that these funds would have to come from unobligated reserves and not budgetted this fiscal year, staff recommended sending them a letter that it could not comply with this request 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 and encouraging them to apply for Outside Agency Funding in the upcoming fiscal year. Councilmember Benson stated she didn't care where the funds came from, but felt the City owed it to the people that need it desperately. If this Council can approve $25,000 for the Golf Cart Parade, which should be self-sufficient by this time, and $26,000 to a sports program, etc., the City can certainly help those less fortunate. Therefore, she was in favor of giving $25,000 to the Coachella Valley Rescue Mission. Councilmember Benson moved to, by Minute Motion, approve the $25,000 funding request by Coachella Valley Rescue Mission for its Emergency Homeless Overnight Fund. Motion was seconded by Kroonen. Mayor Pro Tem Kroonen stated it was a humanitarian gesture and the right thing to do. Councilmember Harnik stated she toured the facility recently, and they work hard and help many. Additionally, they've paid for their building, and if Palm Desert can help with this request, hopefully they'll get on their feet and perhaps the County will help a little more next year. Mayor Spiegel stated the Council will be taking a salary cut that will more than cover this request. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. M. REQUEST FOR APPROVAL OF 2013 PALM DESERT CHARTER MIDDLE SCHOOL 5K RUN, ROAD CLOSURES, AND WAIVER OF PALM DESERT MUNICIPAL CODE SECTION 11.01.140 - AMPLIFIED SOUND AND SECTION 11.01.080(A) - PROHIBITED CONDUCT GENERALLY IN CITY PARKS - RIDE OR DRIVE MOTORIZED VEHICLES OR OTHER IN PARKS. Ms. Riddle stated this request is to approve the Palm Desert Charter Middle School 5K Run. The event is scheduled for Saturday, January 26, 2013, which will start and end at the Magnesia Falls Park on the backside of the school. She went on to give details of the route, stating she believed there was an approved Traffic Control Plan. She noted the south side lanes of Magnesia Falls will remain open for Aquatic users, but there will be impact to some of the neighbors adjacent or across the street from the park and Palm Desert Mobile Estates. However, alternative parking is available in the neighborhoods like Rutledge, Aquatic Center, and Civic Center Park. She said the school itself will distribute flyers to the neighbors advising them of the event and of alternative parking. The event will start at 7:30 a.m. and end at 9:30 a.m. with barricades removed by 10:30 a.m. Additionally, at the Intersection of Portola Avenue and Magnesia Falls, sworn officers will open 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 up traffic as soon as the last runner goes through and police determine it is safe. Councilmember Harnik asked about the funds raised from this fundraiser. MR. CHRIS GEYER, Assistant Principal at Palm Desert Charter Middle School, thanked the Council for considering the proposal. He said 100% of the funds will go back into the school; the goal is to put the funds into the school technology to upgrade. Students are currently working with old and slow computers, and they deserve the best the school can provide. Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Approve Palm Desert Charter Middle School 5K Run on Saturday, January 26, 2013; 2) approve road closures as specified in the accompanying staff report; 3) approve waiver of Palm Desert Municipal Code Section 11.01.140 - Amplified Sound; 4) approve waiver of Palm Desert Municipal Code Section 11.01.080(A) - Prohibited Conduct Generally in City Parks - Ride or Drive Motorized Vehicles or Other in Parks. Motion was seconded by Harnik and carried by a 5-0 vote. N. CONSIDERATION OF FEE REDUCTION FOR HVAC AND WATER HEATER REPLACEMENT PERMITS WITHIN CITY OF PALM DESERT. Mr. Grance stated staff was directed to develop a fee structure that would incentivize applicants when replacing HVAC units and water heaters for both residential and commercial. Staff proposed incremental savings based upon the efficiency ratings of those types of equipment, noting that those efficiency ratings mimicked the Set to Save Program that Office of Energy Management developed. Staff is seeking guidance and direction. Mayor Spiegel asked if the cost to install a regular water heater $192. Mr. Grance explained the fee reductions were only on the unit cost for the permit and not the issuance fee or fee associated with microfiche. In other words, if one installed a regular water heater, it would cost $80, a more efficient Tier I would cost $56, and Tier II would be $32. Mayor Spiegel stated that at $192, Palm Desert was the most expensive compared to other cities in the Valley. Additionally, it was the highest for Residential HVAC as well, which he didn't think was fair for Palm Desert residents. Councilmember Harnik agreed, especially when the City was trying to motivate them to reduce their energy use. Mayor Spiegel said people may not have money to buy an efficient water heater, because it is more expensive than a regular one. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 Councilmember Finerty suggested continuing this item in order for staff to revisit this matter. Mayor Spiegel concurred. Councilmember Finerty moved to, by Minute Motion, continue this item to the meeting of September 27, 2012. Motion was seconded by Spiegel Councilmember Harnik asked that the motion be more specific, because staff was seeking direction. Mayor Spiegel said he wanted staff to compare fees with other cities and for Palm Desert not to be the highest on anything. Councilmember Finerty questioned how other cities were able to keep their fees low, and perhaps they are in the hole, but Palm Desert needed to be kinder to its residents and encouraging energy conservation as opposed to charging so much for the inspection and issuance fees. It appeared those are the high dollar items when looking at a water heater, residential or commercial HVAC. Therefore, staff needed to revisit those numbers. Mayor Spiegel stated the best example he had, based on staff report numbers, is that a regular water heater is $192 in Palm Desert, $27.70 in Indio, and $29.13 in La Quinta. Councilmember Harnik asked if these were the fees the Council recently raised a couple of meetings ago. Mr. Grance stated they were fee -free permits in the past. Councilmember Benson noticed that what Palm Springs can do for $112, Palm Desert is charging $351, yet the cities are the same size in population; she said Palm Desert ought to be able to do it for Tess. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. O. CONSIDERATION OF REQUEST FOR BUILDING PERMIT FEE WAIVER FOR PROJECT LOCATED AT 44-750 SAN LUIS REY AVENUE (Alma P. Hockaday, Applicant). Mr. Grance noted the staff report and stated staff was asking for direction. Councilmember Finerty stated she read the report and letter, and she sympathized with what the Applicant, but concurred with staff about setting a precedent, because a lot of people are falling on hard times and having hardships. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 Mayor Spiegel agreed, but believed the Council was here to make exceptions when necessary. He said this Applicant was on hard times, and she wrote a letter that was pretty heartening. Therefore, he was in favor of waiving the fee. Councilmember Finerty would like to find out what the Applicant was paying for the addition of the casita. She understood the Applicant was getting help from other people and assumed permits had been issued. She would like to know what the overall cost is in relation to the City's permitting fees. Mr. Grance stated the permit had not been issued; the Applicant was waiting for a resolution on this request. The fee waiver is $1,321.68. However, there are a few fees that cannot be waived, because they are pass through. Councilmember Benson stated she would like to know how much it was costing to build the casita, because obviously the Applicant had money to build it and increase the value of the property. She agreed with Councilmember Finerty, she sympathized with the Applicant, but she knew many people that are just as ill and have gone through much of the same where they had to move family in to take care of them. She believed the Council was opening a door that shouldn't be open as far as people requesting assistance for this type of hardship. Mr. Grance agreed to contact the Applicant for the information and return to Council at the next meeting. Councilmember Harnik stated that comments made by both Councilmembers were valid, and she would like to see it in context with the other expenses. Mayor Spiegel moved to, by Minute Motion, continue this item to the meeting of September 13, 2012. Motion was seconded by Finerty and carried by a 5-0 vote. P. REQUEST FOR APPROVAL OF LEASE RATE REDUCTION AND LEASING OF OFFICE SPACE TO PALM DESERT HISTORICAL SOCIETY AND PALM DESERT SISTER CITIES FOUNDATION, AND REQUEST FOR DIRECTION AS TO FACILITY OPERATION COSTS OF THE PORTOLA COMMUNITY CENTER. Ms. Riddle stated this item is to consider the lease rate reduction from $1.50 per square foot to $1.00 per square foot cost. There are currently five vacant offices at the Portola Community Center, which have been vacant for at least four years. Staff has been unsuccessful in leasing the spaces, perhaps because it's an older facility and spaces are small. In comparing rates, staff felt $1.00 per square foot was comparable given the age of the facility and size of the offices. She said the building would barely be competing with newer facilities or commercial offices. Therefore, staff is asking that Council 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 consider reducing the fee. Additionally, the City has been approached by Palm Desert Historical Society and Palm Desert Sister Cities Foundation for storage space; they are both non-profit organizations, which the City has a close connection. The Historical Society already occupied some space at the Center and staff is suggesting leasing office space to both organizations for $1.00 per year. Staff is also requesting the Council to form a subcommittee to review the overall operation of the facility, because the annual cost far exceeded any revenue received. Mayor Spiegel stated Council had two things to consider, one was whether the Council wanted to reduce the rate to $1.50 to $1.00 per square feet. Councilmember Finerty stated $1.00 was appropriate given the building. Councilmember Finerty moved to, by Minute Motion, approve 1) decreasing lease rate from $1 .50/square foot per month to $1.00/square foot per month. Motion was seconded by Benson and carried by a 5-0 vote. Mayor Spiegel stated he and Councilmember Benson had been sitting on the Committee to the Portola Community Center for a long time. He thought it may be time for someone else to consider serving. Councilmember Finerty asked why only 501(c)(3) organizations are authorized to lease space at the building as stated in the staff report, and if the space is not filled, why couldn't it be opened up to others to lease. Mayor Spiegel said the office spaces are so small compared to the rest of the building. Ms. Riddle stated the policy was before her time, but part of the reasoning for 501 (c)(3) organizations was that it was for the community and not for commercial. As a result, the focus is on non -profits and they tend to have a need more than a business. Councilmember Finerty stated she understood they have a need, but the City had all this empty space, so it was apparent the need was no longer there. She agreed a committee should review this, but also consider opening it up for profit organizations. Mayor Spiegel asked if space would still be available if the Historical Society and Sister Cities took up space there. Ms. Riddle said there would still be three offices available. She noted one of the caveats was that if an organization wanted to occupy those two offices for storage, language will be included for a 30-day notice to terminate the lease, so that staff can put it out for actual use instead of storage. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 Mayor Spiegel stated the Council already voted and agreed on the $1.00 per square foot rate. Now the Council needed to consider a subcommittee of two Councilmembers to look at the operation of the facility and whether to start charging for meetings and offering it to other kinds of businesses. Councilmember Finerty didn't think a committee was needed, because it was evident the annual operating expenses remained the same at $60,000 to $70,000 a year, and revenues have dropped. Clearly, the City needed to bring other people to rent the space in order to break even. Councilmember Harnik asked if it was written in a legal document that only 501(c)(3) organizations can lease space. Ms. Riddle replied it was a City policy. Councilmember Benson stated the Committee needed to review whether the City needed to charge some of the groups that are currently there for free, because not all organizations are 501(c)(3). The City tried to make that the standard, but the rent structure needs to be reevaluated. Ms. Riddle stated facility users that didn't rent the space but used the common area or conference rooms once a week or once a month are not being charged. She said the City may want to consider charging a fee. Councilmember Benson stated the Council should check to see if they should be charged. Mayor Spiegel agreed, stated he didn't think the City should make money on the building, but not necessarily lose money either. Councilmember Finerty moved to, by Minute Motion: 1) approve leasing an additional office space at the Portola Community Center to the Palm Desert Historical Society for $1 .00/year; 2) approve leasing an office space at the Portola Community Center to the Palm Desert Sister Cities Foundation for $1.00/year; 3) approve 30-day Notice to Terminate leases at such time as Portola Community Center Office Spaces are required for organizations able to pay in full for office space(s); 4) establish a subcommittee to review facility operation and costs of Portola Community Center as outlined in Issue No. 4 of the accompanying staff report, and appoint Councilmember Benson and Mayor Spiegel. Motion was seconded by Spiegel and carried by a 5-0 vote. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 Q. REQUEST FOR ADOPTION OF A CITY COUNCIL AND A SUCCESSOR AGENCY RESOLUTION, EACH APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE, OVERHEAD, AND OTHER EXPENSES BETWEEN THE CITY OF PALM DESERT AND THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY; AND TAKING CERTAIN ACTIONS (CONTRACT NO. C32140) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Ms. Moore stated the proposed Resolution confirms the City wants the Successor Agency to continue to reimburse the City for staff time, legal expenses, etc. The former Redevelopment Agency and the City had the same agreement, and this was just confirming that the City wants the Successor Agency to do the same. She said the City advances the cost and payments for such services and the Successor Agency will reimburse up to the amount that is allowed by all of the legislation out there eliminating the Redevelopment Agency. Mayor Pro TemNice Chair Kroonen moved to waive further reading and adopt: 1) City Council Resolution No. 2012 - 60, approving the execution of a Cooperative Agreement for Advance and Reimbursement of Administrative, Overhead, and Other Expenses between the City and the Successor Agency, and taking certain other actions; 2) Successor Agency Resolution No. SA -RDA 009, approving the execution of a Cooperative Agreement for Advance and Reimbursement of Administrative, Overhead, and Other Expenses between the City and the Successor Agency, and taking certain other actions. Motion was seconded by Finerty and carried by a 5-0 vote. R. REQUEST FOR APPROVAL OF A RECIPROCAL ACCESS AND WALL AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, THE CITY OF PALM DESERT, AND THE PALM DESERT COUNTRY CLUB VILLAS (CONTRACT NO. C32150) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Project Coordinator Heather Buck stated this item was to create a new agreement with the Palm Desert Country Club Villas and Successor Agency to the Palm Desert Redevelopment Agency. This agreement confirms existing obligations, making concessions for additional time to complete said obligations, and listing the City as the responsible entity to fulfill said obligations in the event the Successor Agency cannot. Mayor Pro TemNice Chair Kroonen moved to, by Minute Motion: 1) Approve Reciprocal Access and Wall Agreement, substantially as to form; 2) authorize Mayor/Chair to execute the finalized Agreement as approved by Successor Agency Counsel; 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 3) authorize staff to forward the Agreement to the Oversight Board for approval; 4) appropriate $2,500 from Unobligated General Fund Reserves to Parking Lot Maintenance, Account No. 110-4313-433-3320 for the crack seal and slurry coat work to be completed by December 15, 2012 — proposed funding for additional costs related to this Agreement are identified in the accompanying staff report. Motion was seconded by Harnik and carried by a 5-0 vote. S. REQUEST FOR DIRECTION TO STAFF ON THE ADMINISTRATION OF CITY COUNCILMEMBER COMPENSATION AND BENEFITS. Mr. Erwin stated that as he previously advised the Council, the question had been raised about the benefit section of the Committee's recommendation as well as the City Manager's recommendation that there might be a conflict of interest to two or more of the Councilmembers with regards to benefits. He asked that any action on benefits be deferred to the second meeting in September, allowing him to get a ruling from the Fair Political Practice Commission (FPPC). MR. KENNETH DORAN, Elkhorn Trail, Palm Desert, CA, stated he wished to comment on the benefits; therefore, he will reserve his statement to that time. Mayor Spiegel stated the recommendation by the Committee is to place the City Council's salary at $22,500 annually. Councilmember Finerty moved to, by Minute Motion: 1) Set City Council Salary at $22,500 annually; 2) continue consideration of the matter of benefits to the meeting of September 27, 2012. Motion was seconded by Kroonen. Mayor Pro Tem Kroonen expressed his gratitude for the hard-working members of the Committee. Councilmember Harnik stated when she ran for Office, she pledged at that time that she would be returning $20,000 of her salary to community charities and charities in general, which she did. However, with this change in compensation, she will no longer be able to do so. She will continue to donate her time and certainly financially, but couldn't make the same commitment that she had made previously. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. XV. CONTINUED BUSINESS None 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF REVISED FRONT ELEVATION DESIGN FOR EXISTING FACADE ENHANCEMENT PROGRAM PROJECT LOCATED AT 73-520 EL PASEO (Wessman Holdings, LLC, Applicant). Mr. Alvarez stated this item was before the City Council in May 2012, when it approved a Facade Enhancement Program funding for the project located at 73-520 El Paseo. The funding amount was in the amount of $74,762, which covered both the front and rear elevation improvements. Recently, Mr. Wessman returned to the Planning Department requesting a modification to the front elevation design. He noted the renderings are in Council's packet, and he displayed and reviewed the revised design, which gives the building a more contemporary look. He said this revised design was reviewed and approved by the Architectural Review Commission. The Applicant brought with him a material board sample, which he can review if the Council so desired. Staff recommended approval of the design change. MS. ELYSSA GOLDBERG, El Paseo, CA, stated she was the owner of BG's Eclectic and has been a retailer on the street close to 20 years, but they have recently been displaced because of the restaurant. She was supportive of this project, because she will be a new tenant in Mr. Wessman's building. Having been on the street for such a long time, she was excited about the new project and happy to be involved with it. MR. JOHN WESSMAN, Applicant, stated that after reviewing the rear parking lot, if finally dawn on him that it made sense to redo everything at one time instead of doing piece meal over the next two years, but will spend a little bit more money. He said Starbucks talked about spending another $500,000, and they may actually return to the City with some facade remodel on their building. Responding to question, he said they would like to start the project in the next three or four weeks. Councilmember Harnik stated she peeked into the building the other day, and it looked great. She said it was exciting to see more happening and pleased the Applicant was doing more improvements and not asking the City for more money. MR. WESSMAN stated staff had informed him the City had used up the well, but they were spending a lot more money on the improvements. He thanked the Council for the help already received. Mayor Spiegel stated he spoke to the Mayor of Palm Springs, and he mentioned he had seen the inside of this restaurant and said it was gorgeous. 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 Mayor Pro Tem Kroonen moved to, by Minute Motion, approve the revised front elevation design for existing Facade Enhancement Program Project located at 73-520 El Paseo. Motion was seconded by Harnik and carried by a 5-0 vote. B. REQUEST FOR DIRECTION RELATED TO A -FRAME AND PEDESTAL SIGNS. Principal Planner Tony Bagato stated staff is seeking direction for pedestal and A -frame signs. This is a continuing discussion back from when staff was looking at the Zoning Ordinance Update, and a business member came to the City requesting that A -frame signs be allowed. He noted pedestal signs have been allowed in the City of Palm Desert since the early 1980s at the request of the Chamber of Commerce to promote more business advertising. The standards for those signs required the sign to only say "Open" with no logos, two colors only, three square feet in size, and were required to be located on private property outside of the sidewalk. A -frame signs had always been prohibited to avoid visual clutter. In 2009, when a business owner requested they be allowed in addition to pedestal signs, staff was directed to allow them temporarily and study the issue. Now that staff is working on the Zoning Ordinance Update, staff felt this would be a good time to have that issue discussed. Additionally, staff has met with the Zoning Ordinance Update Committee, which includes two Councilmembers, two Planning Commissioners, and staff. He displayed a typical pedestal signs on El Paseo, which are two-sided signs with one leg holding it up. One of the issues with pedestal signs is that they tend to get blown over and owners place sandbags at the bottom of the sign as displayed in one of the photograph. He also displayed a typical A -frame sign that is two-sided and has a tent system to hold it up. The photographs were examples of what the Committee reviewed, stating the pictures were taken in November 2009 when more businesses are open; during the summer there are fewer signs. He said signs varied, yet there was a standard, but they don't require a permit, causing for a bit of an enforcement issue. The Zoning Ordinance Committee recommended prohibiting A -frame signs and potentially prohibiting pedestal signs as well. However, currently, the Ordinance allowed pedestal signs. He said staff can enforce the standards to make them more uniform. He said staff was seeking direction from the Council on how to handle these sign issues. Mayor Spiegel noticed that most of the signs being displayed were on El Paseo and questioned if staff had taken this matter to the El Paseo Merchants Association, because he personally would like to hear what their thinking is on this sign issue. Mr. Bagato answered no. Councilmember Harnik agreed, because she didn't find some of the A -frames objectionable; however, she understood this was a subjective 36 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 issue. She believed people paying rent on El Paseo are doing the best they can with their business and ought to be able to weigh in on this matter. Councilmember Finerty stated she and Mayor Pro Tem were shown photographs, which were 8x1 0 in size that illustrated no fewer than nine signs with one in front of each store. She said one had to question if this is what they wanted Palm Desert to look like. She said to have a pedestal or A -frame sign in front of every store will cause El Paseo to lose its glamour and appeal. Mayor Spiegel stated he wasn't in disagreement with Councilmember Finerty, but he would like El Paseo Merchants to weigh in. Councilmember Finerty stated that maybe the Merchants needed to be made part of the Committee for a meeting. Councilmember Harnik stated she understood the thinking with regards to the visual clutter, and part of what may lend itself to that is that they are all over, some signs are by the curb or in the middle of the sidewalk. The signs closer to the store were certainly less objectionable. However, she agreed with the Mayor that the merchants need to weigh in on this matter. Councilmember Finerty stated that's why she suggested making them part of one of the Committee meetings. Another aspect was the variety of colors with yellow, purple, red, white, beige, and black; there is no consistency with the signs. Mayor Spiegel agreed there should be standards, but the merchants should weigh in, because Councilmembers were not merchants. Councilmember Finerty suggested scheduling a meeting with representatives of the El Paseo Merchants. Mr. Bagato said he can work with them to schedule one or he can meet with them on his own, including meeting with the Chamber of Commerce. Mayor Spiegel requested that the Chamber of Commerce and Ruth Ann Moore also be involved. Mr. Bagato agreed to get some feedback and invite them to the next meeting to have a discussion there. Councilmember Harnik commented that businesses paid a lot for branding and spend a lot of time and effort on it. Therefore, she cautioned staff from prohibiting them from using the colors that are associated with their brand and it was an important point to consider. 37 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 Councilmember Finerty stated this was not an issue of branding if one looked at the picture that had nine signs with one in front of each store. Mayor Spiegel moved to, by Minute Motion, continue this item to the meeting of September 27, 2012, with staff to coordinate contact with the El Paseo Merchants and Chamber of Commerce for input on the matter. Motion was seconded by Harnik and carried by a 5-0 vote. XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of July 2 - August 14, 2012. With City Council concurrence, the City Manager's Meeting Summaries for the period of July 2 - August 14, 2012, was received and filed. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Reauests for Action: None 38 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 2. City Council Consideration of Travel Reauests and Reports: a) Leaaue of California Cities Annual Conference - Councilmember Hamik reported she would be representing the City at the League Conference, September 5-7, 2012, at the San Diego Convention Center. She said it was a great conference where a lot was always learned from other cities there, and she would be bringing that information back to the Council. 3. City Council Committee Reports: None 4. City Council Comments: None 5. Suggested Items for Future City Council Meetina Aaendas: a) November 2012 Meetina Schedule, — Councilmember Harnik noted that there was only one meeting in November due to observance of the Thanksgiving Holiday on the fourth Thursday. She asked staff to bring back a report for changing the date of the meeting from November 8 to mid -month, on Thursday, November 15. Mr. Wohlmuth agreed to have such an item on the next agenda. XIX. ADJOURNMENT Upon a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting at 6:14 p.m. ATTEST: RACIfELLE D. KL SEfV, CITY CLE K CITY OF PALM DESERT, CALIFOR IA /?e6-2', ROBERT A. SF1EGE, MAYOR 39