HomeMy WebLinkAbout2013-09-26MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 26, 2013
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Harnik convened the meeting at 3:02 p.m.
II. ROLL CALL
Present:
Mayor Pro Tem Jean M. Benson
Councilman Robert A. Spiegel
Councilman Van G. Tanner
Councilmember Susan Marie Weber
Mayor Jan C. Harnik
Also Present:
John M. Wohlmuth, City Manager
David J. Erwin, City Attorney
Rachelle D. Klassen, City Clerk
Russell Grance, Director of Building & Safety
Martin Alvarez, Director of Economic Development
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
Bo Chen, City Engineer
Tony Bagato, Principal Planner
Stephen Y. Aryan, Risk Manager
Bill Hunley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Kevin Vest, Chief, Palm Desert Police/Riverside Co. Sheriffs Department
Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department
Grace L. Mendoza, Deputy City Clerk
Upon inquiry by Mayor Harnik, Ms. Klassen confirmed that the agendas for today's
City Council, Successor Agency, and Housing Authority Meetings had all been
posted in accordance with the Ralph M. Brown Act.
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 43990 Blueberry Lane (APN 634-061-028), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Gladys O. Harris
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding existing litigation pursuant to
Govemment Code Section 54956.9(d)(1):
1) AC Massage v. City of Palm Desert, State of California, Court of
Appeals
C. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Govemment Code Section 54956.9(d)(2):
Number of potential cases: 2
Mayor Pro Tem Benson requested her colleagues' concurrence to consider adding
an item to today's agenda by four -fifths vote, Discussion Regarding the City's Sister
Cities Program.
Upon a motion by Benson, second by Tanner, and 5-0 vote of the City Council, the
matter was added to the agenda under Section XIV - New Business, Item E. (Please see
that portion of the Minutes for resulting discussion and action.)
With City Council concurrence, Mayor Harnik adjourned the meeting to Closed
Session at 3: 04 p.m. She reconvened the meeting at 4:02 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 - Palm Desert Youth Committee
Member Cassidy Quilling
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
VII. INVOCATION - Mayor Pro Tem Jean M. Benson
VIII. ORAL COMMUNICATIONS - B
None
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION, DECLARING THE WEEK OF
OCTOBER 6 -12, 2013, AS "FIRE PREVENTION WEEK' IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Harnik presented the proclamation to
Fire Chief Bill Hunley. Chief Hunley graciously accepted, adding that this
year's focus for "Fire Prevention Week" was kitchen fires. He said many of
the home structure fires they're called to every year are a result of kitchen
fires that start with people leaving unattended food on their stoves or in the
oven, or faulty equipment, such as toasters. He reminded everyone to be
safe; and if a fire does start in the kitchen, especially a grease fire, do not
throw water on it, because that only spreads the fire.
B. PRESENTATION OF PROCLAMATION, DECLARING THE MONTH OF
OCTOBER 2013 AS "FIRE PREVENTION AND MINI -MUSTER MONTH" IN
THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Harnik presented the proclamation to
Fire Chief Hunley and Mini -Muster Co -coordinator Mrs. Madonna Marman,
who graciously accepted. Mrs. Marman noted that the Mini -Muster Event
was in its 21 ' year in the City, which by its close in 2013 will have trained
some 3,000 area third graders in fire prevention and safety.
C. PRESENTATION OF UPDATE ON YOUTH COMMITTEE ACTIVITIES BY
MEMBER CASSIDY QUILLING.
Ms. Quilling updated the Council regarding conclusion of the Committee's
activities from last school year. She brought and read aloud the thank you
letter they'd received from Shelter From the Storm after the car wash fund-
raiser jointly hosted by the Palm Desert Youth Committee and Riverside
County Youth Advisory Council on Saturday, May 18, where a total of $770
was raised. She went on to say that more recently, the Youth Committee
assisted with the Palm Desert Sister Cities Foundation 9/11 Concert at the
McCallum Theatre earlier this month. She, also as a Member of the
Palm Desert Sister Cities Foundation, and three other Youth Committee
Members participated, and it was an extremely successful event. She
concluded by saying that the Committee is currently collaborating to set
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
goals and activities for the coming year, looking forward to another
productive and successful one assisting the community.
Mayor Hamik thanked Ms. Quilling and added that she was privileged to sit
in on the Youth Committee Meetings, where an amazing group of young
ladies and gentlemen — innovative, creative, and active — comes up with
great ideas for doing wonderful things for the community. She thanked
Member Quilling both for her update today and her participation on the
Committee.
X. CONSENT CALENDAR
A. MINUTES, of the Regular City Council Meeting of September 12, 2013.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 61, 65, 66, and 70.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bouchee
Cafe & Deli, 72785 Highway 111, Suite 81, Palm Desert.
Rec: Receive and file.
D. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Citizens' Sustainability Committee Meeting of July 8, 2013.
2. Marketing Committee Meeting of June 18, 2013.
3. Parks & Recreation Commission Meeting of June 4, 2013.
4. Public Safety Commission Meeting of May 8, 2013.
5. Youth Committee Meeting of May 7, 2013.
Rec: Receive and file.
E. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal Through Auction — Five (5) City Vehicles.
Rec: By Minute Motion, declare five (5) City vehicles as surplus and
authorize disposal through auction.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
F. REQUEST FOR AUTHORIZATION to Advertise a Request for Proposals
(RFP) for Construction Engineering and a Call for Sealed Bids for
Construction of Monterey at 1-10 Ramp Modifications (Project No. 669-02).
Rec: By Minute Motion, authorize: 1) City Clerk to advertise a Request for
Proposals (RFP) for Construction Engineering for the Monterey
Avenue at 1-10 Ramp Modifications Project (Contract No. C22310H);
2) City Clerk to advertise a Notice Inviting Sealed Bids for
Construction of the Monterey Avenue at 1-10 Ramp Modifications
(Contract No. C2231011 — no fiscal impact, other than cost of
publication, for this action; however, ultimate project cost is estimated
to be $8.36 million.
G. REQUEST FOR APPROVAL of a Professional Services Agreement with
Vacation Rental Compliance in an Amount Not to Exceed $24,000 for
Continuation of a Contracted Program to Identify and Bring Into Compliance
Palm Desert Homeowners Not Currently Complying with Palm Desert
Municipal Code Section 3.28.020 - Transient Occupancy Tax (T.O.T.) and
Section 5.10 - Short-term Rentals (Contract No. C32281).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
H. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. C32190 —
for Landscape Maintenance Area No. 18 to Add Monthly Maintenance of the
Southern Well Site at Ironwood Park (Project No. 918-12).
Rec: By Minute Motion, approve Amendment No. 2 in the amount of
$2,700 to the subject contract with Vintage Associates, Inc.,
Bermuda Dunes, California, to add monthly maintenance of the
southern well site at Ironwood Park — funds are available in General
Fund Account No. 110-4611-453-3320 - R/M Landscape Services.
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I. REQUE$T FOR ACCEPTANCE OF WORK for Contract No. C32000A —
Civic Center Sheriff Substation HVAC Upgrade Project (Project No. 763-11)
(Anderson Air Conditioning, L. P., Fullerton, 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.
Mayor Pro Tem Benson requested item G be removed for separate action
under Section XI, Consent Items Held Over.
Upon a motion by Tanner, second by Weber, and 5-0 vote of the City Council, the
remainder of the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
G. REQUEST FOR APPROVAL of a Professional Services Agreement with
Vacation Rental Compliance in an Amount Not to Exceed $24,000 for
Continuation of a Contracted Program to Identify and Bring Into Compliance
Palm Desert Homeowners Not Currently Complying with Palm Desert
Municipal Code Section 3.28.020 - Transient Occupancy Tax (T.O.T.) and
Section 5.10 - Short-term Rentals (Contract No. C32281).
Mayor Pro Tem Benson asked if the City was using the same vendor as the
prior year.
Mr. Wohlmuth answered yes.
Mayor Pro Tem Benson moved to, by Minute Motion, approve the subject contract
with Vacation Rental Compliance, Rancho Mirage, California, in an amount not to exceed
$24,000 to identify and register non -compliant short-term rental properties in Palm Desert.
Motion was seconded by Tanner and carried by a 5-0 vote.
XII. RESOLUTIONS
A. RESOLUTION NO. 2013 - 58 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING
RESOLUTION NO. 09-78 AND ADOPTING A REVISED TRAVEL EXPENSE
REIMBURSEMENT POLICY FOR CITY ELECTED/APPOINTED OFFICIALS
AND CITY EMPLOYEES.
Human Resources Manager Lori Carney stated staff was not making any
substantive changes to the travel policy, but simply restating it, clarifying the
language, and adding some definitions, making it easier to use.
Councilman Tanner moved to waive further reading and adopt Resolution
No. 2013 - 58. Motion was seconded by Weber and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
XIII. ORDINANCES
A. For Introduction:
1. ORDINANCE NO. 1260 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE BY
AMENDING SECTION NOS. 2.52.205 - RECRUITMENT NOTICES
AND APPLICATION REQUIREMENTS, 2.52.305 - DEFINITION OF
EMPLOYMENT TYPES, AND 2.52.700 - HOLIDAYS.
Human Resources Manager Lori Carney stated the last time there
was a comprehensive revision of the Personnel Code and Rules was
in 2004. Since that time various things have come up that need
addressing; therefore, staff will bring back more sections to revise
based upon changing business practices. The Ordinance addresses
City holiday pay for probationary and part-time employees, stating
nine years ago the City didn't have part-time employees and now it
did. The amendment will provide clarification on how part-time will
take City paid holidays. Additionally, staff is revising and updating the
policy for recruitment and selection, making it more usable in today's
environment, because most people didn't look for employment in a
print publication anymore but through the internet. In this last year that
the City's been hiring, staff learned the vast majority of the applicants
found City jobs on the City's Website, which is good, because it
meant Palm Desert remained an employer of choice.
Councilman Tanner moved to waive further reading and pass Ordinance No. 1260
to second reading. Motion was seconded by Weber and carried by a 5-0 vote.
2. ORDINANCE NO. 1261 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTION NOS. 3.28.020 AND 3.28.040 OF THE PALM DESERT
MUNICIPAL CODE - TRANSIENTS OCCUPANCY TAX (T.O.T.).
Mr. Gibson stated the main purpose of this amendment is to update
the language from a day purpose of renting to nights. He said the
average person rented a number of nights stay at a hotel or whatever
it may be, but people keyed in on the language of "half day" use,
which created confusion on the number of days spent. He said the
update will make the interpretation easier. Responding to question,
he confirmed there was no fiscal impact in approval of the proposed
Ordinance.
Councilman Tanner moved to waive further reading and pass Ordinance No. 1261
to second reading. Motion was seconded by Weber and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
B. For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION TO UTILIZE FRAZER, LTD., TO
REFURBISH AND REMOUNT PALM DESERT MEDIC UNIT NO. 67 IN AN
AMOUNT NOT TO EXCEED $114,000.
Mr. Aryan stated this request was for the refurbishment of Medic Unit No. 67,
which is the front-line ambulance that serves south Palm Desert out of the
Mess View Fire Station. Staff recommended refurbishment over the
purchase of a new one, because the cost is approximately $40,000 less to
do so.
Councilman Spiegel asked if this item went out to bid.
Mr. Aryan answered no, stating Frazer Ltd. is a sole -source vendor as
identified in the staff report by the Fire Department. Responding to question
about the life of the ambulance once restored, he said potentially
refurbishing can be done every five or six years, but the ambulance can last
20 to 25 years.
Mayor Harnik stated that according to the staff report, Medic Unit No. 67 was
originally purchased in 2005, and it was good for 20 years, but it's being
refurbished due to a blown motor.
Mayor Pro Tem Benson asked if it was the first time this Unit was being
refurbished.
MR. SCOTT VISYAK, EMS Coordinator for Cove Communities, stated that
currently there are six front-line units within the three cities, four in the City
of Palm Desert. He explained that refurbishment for each unit is identified
based upon time, mileage, or maintenance cost. Now with Frazer Ltd., the
patient module of the ambulance can be refurbished indefinitely, stating the
manufacturer puts out a good product. He said their only concerns are with
the chassis. He said medic units can be sent back for refurbishment and
they come back looking brand new, and as long as the City owned the units,
the patient module had a warranty for life. The chassis, however, is where
the wear and tear is at, which is why they get refurbished every five years.
He said he tries to extend the life to get more value out of them, because of
the new clean diesel motor. Unless the City added more units to the fleet,
there wouldn't be a need to buy a new ambulance, but the chassis can be
continued to be refurbished.
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Mayor Pro Tem Benson noted it's been a few years since she rode in one,
but the one she did needed refurbishment, stating she wants to ensure they
are being maintained.
MR. VISYAK replied they have come up with new standards, and they have
gone to a medium -duty chassis. He said Palm Desert just took delivery of
Medic Unit 255, which is on a 2013 Dodge Ram 4500 series. He said staff
is loving these refurbished ambulances at a savings to the citizens of Palm
Desert to the tune of $40,000 every time versus having to buy a new one,
which is why they chose Frazer Ltd.
Councilman Tanner moved to, by Minute Motion: 1) Approve of the refurbishing and
remounting of Palm Desert Medic Unit No. 67 by Frazer, Ltd., Houston, Texas, as a sole
source vendor in an amount not to exceed $114,000; 2) appropriate $114,000 from the
Unobligated Equipment Replacement Fund to Account No. 530-4195-415-4030 for this
purpose; 3) approve Out -of -State Travel for one Fire Department representative to travel
to Houston, Texas, to inspect and take possession of refurbished Medic Unit No. 67.
Motion was seconded by Benson and carried by a 5-0 vote.
B. REQUEST FOR RATIFICATION OF THE PURCHASE AND SALE
AGREEMENT AND RELATED DOCUMENTS ASSOCIATED WITH THE
ACQUISITION OF PROPERTY KNOWN AS 43878 PORTOLA AVENUE
(APN 622-200-055-4) (CONTRACT NO. C33040).
Mr. Alvarez stated the Purchase and Sale Agreement has been executed for
the acquisition of a property on Portola Avenue. He said this was the fourth
and final property required for the future widening of Portola Avenue. He
said the acquisition is in the amount of $250,000, plus $10,000 for tenant
moving expenses.
Councilman Tanner inquired about any other offers on the property.
Mr. Alvarez replied he wasn't aware of any.
Councilman Tanner moved to, by Minute Motion, ratify the City Manager's execution
of a Purchase and Sale Agreement and related documents associated with the acquisition
of real property known as 43878 Portola Avenue (APN 622-200-055-4) in the amount of
$250,000 plus up to $10,000 for tenant settlement agreements — funds are available in
Account No. 400-4438-433-4001. Motion was seconded by Weber and carried by a 5-0
vote.
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C. REQUEST FOR POLICY DIRECTION PERTAINING TO THE
MAINTENANCE OF TURF IN CITY DOG PARKS.
Senior Management Analyst Ryan Stendell noted the staff report outlining
the various ways staff attempted to accomplish reseeding of the City's dog
parks. Staff found that last year's approach, thus far, has been the most
successful attempt. Although it's painful to the citizens to be closed for a
certain amount of time, the City ends up with a better product that lasts the
season longer. He believed most of the users would agree, even now at a
time when the parks are coming out of a heavy summer season and in need
a lot of maintenance, they are holding up pretty good. The question most
asked is what to do during that time period when the dog parks are closed.
He said staff refers most of the users to the other parks, where dogs are
allowed on a leash. In fact, a lot of dog park users, still utilize Civic Center
Park with their dog on a leash; they either walk around the parameters or the
baseball outfields. He noted the photographs in the staff report are from the
year when they experimented with no reseeding, which turned out to be a
bad option; after the summer season there was way too heavy use of the
area that the City spent significant amount of money to repair the sod. Staff
recommended reaffirming the current policy of closing for a maximum of
eight weeks; in many cases, it may be a shorter time frame, but it depended
upon the weather.
Mayor Pro Tem Benson suggested sending out a letter regarding the matter
and having the City look for a temporary facility that can be fenced off where
people can be referred to rather than directing them to other City parks,
because she assumed they would carry doggie bags if they did. She said
eight weeks was quite a while to have people wondering where they will take
their dog out for a walk.
Mr. Wohlmuth stated that as part of the University Dog Park parking issue
that the Palm Desert Parks and Recreation Commission heard at their last
meeting, staff is looking at options because of overcrowding at that facility.
He said the City owned 38 acres at the end of Portola Avenue by Interstate
10 that's slated for a regional park in the future. The park was actually put
into the Capital Improvement Project (CIP) budget, but when the housing
market fell and houses were not built, University Park will not be built until the
demand for it exists. He said Mr. Stendell did an excellent job at looking at
that park and coming up with a preliminary design to allow that park land to
be used for a dog park to help the overcrowding at the University Dog Park
and perhaps help with overseeding, but he wasn't sure it can be done in time
for this year; it was a potential for future years. He said staff is looking at
fencing a part of that land for a more native dog park; however, the City may
have to do some grading to accommodate for parking in the interim.
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Mayor Benson asked if there was a place the City can put a temporary fence
to be used this year and work on a more permanent location as suggested
by the City Manager so that this year people have an altemative.
Mr. Wohlmuth agreed to look into it, stating an idea would be the orange
sand fence instead of a chain link for example; however, the City wouldn't
want to create a dangerous situation where the fence can fall down if hit.
Mayor Benson suggested staff make an effort to find another spot, and/or a
permanent solution for the next time.
Mr. Wohlmuth stated this 26-acre area wouldn't be turf, and the initial
concern, even in the short term, is parking. He said that area is sandy and
if people parked off the pavement, vehicles will get stuck, which will then
require the City do some kind of improved parking area. He agreed to have
staff look into it for overseeding, but couldn't promise that it would be up and
running in time. He reiterated staff recently looked at this option for the for
the University Dog Park issue and not necessarily for the overseeding. He
said staff will come up with a schedule and see what can be done.
Mr. Stendell said the City had about three weeks until the seed went down.
He said part of the eight week schedule is at the beginning of October staff
starts taking the turf down very low and drying it out, although the dog parks
were still open during that time frame. Therefore, when he says eight weeks,
that's the absolute worse case scenario, stating many times it much less. He
said for the heavy use of the dog parks, last year's closure of all the parks
went pretty well. He said staff received one letter and some verbal
communications, stating complaints were not as bad as anticipated.
Responding to question, he said last year the dog parks were closed for the
same period of eight weeks.
Mayor Harnik stated she understood dog parks created a great sense of
community, which was great for a lot of people as well as the dogs. She
noted Homme Park is also available and generally dogs didn't have to be on
a leash and there are no overseeding issues. However she questioned why
it would take the City eight weeks for over seeding when it only took four
weeks for a golf course.
Mr. Stendell explained it was usually four weeks from the time one threw the
seed down. He wagered to bet that all those golf courses superintendent's
had a contingency plan that is probably around six weeks or more.
Mayor Harnik stated that having been in the business, she knew they did, but
wondered about the eight week time frame. She also knew there was
concentrated use in a dog park and more dissipated than a golf course.
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Mr. Stendell said a lot of it had to do with go time where staff is looking for
that perfect temperature for when to throw the seed down. There have been
many years where it only took a month and it was perfect. However, what
staff teamed last year is that the closure also allowed for major maintenance
and trimming of the trees. More importantly to the facility in general was
allowing the turf to just rest. He said the four dog parks are the heaviest
used in the entire City, and similar to the soccer park, staff believes resting
the turf was good for the long-term viability of those facilities.
Councilman Spiegel pointed out that people who went to dog parks viewed
it more of a social event than exercising their dogs. He said the City has two
golf courses and it keeps one open while the other one is being reseeded
and vise a versa. He questioned why the same couldn't be done with the
dog parks, leaving two open while the other two are being reseeded, instead
of shutting them all down for as long as eight weeks.
Councilmember Weber stated it was her understanding that because of the
temperature, it had to be planted within a certain time frame; otherwise a
later time would be too cold.
Mr. Stendell responded staff tried closing two and keeping two open in the
past, but it cost more to maintain the final product, and the turf didn't come
up as well as the other one. He said because of the small confined area, it
doubled the use of the two dog parks that were open, leaving ponds
everywhere in the park. He said staff found themselves constantly trying to
maintain the parks all season long.
Councilmember Weber added every square foot of the dog park is being
used, whereas in a golf course, just certain small areas are being walked on.
Mr. Stendell concurred, stating dog parks are heavily trafficked.
Councilman Tanner agreed the dog parks have a social component, but at
each of the parks there are open areas that can be utilized with the dog on
a leash. One suggestion is to place the benches on the outside of the
enclosure providing for the social event to continue. Of course the water for
the dogs wouldn't be provided, but one can get a bucket of water if needed.
He agreed no one liked the fact that the dog parks had to be shut down, but
in the long run the stronger the field, the better it will be. He said if the dog
parks continue to be burned with the process of reseed and resod over and
over again, dog parks won't be around in ten years. He said a small sacrifice
and perhaps a little creativity is what is being proposed; he believed staff was
going about it in the right way.
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Mayor Pro Tem Benson suggested posting a notice at the dog parks with
alternatives as to where to go and that the City was working to find other
options.
Mayor Harnik stated the dog parks are a community in of it itself, and it was
a tough deal, but for the City to get the best product it was at the mercy of
mother nature. She said in order to get the best and strongest turf, the dog
parks had to be closed. She didn't know if there was such a thing of
staggering them in two weeks, because the ones opened can be overly used
and the issue of over seeding can be difficult. She agreed the City should
post a notice providing residents with altematives and letting them know staff
was working on finding another solution.
Councilman Tanner moved to, by Minute Motion, reaffirm staffs current re -seeding
policy of closing all Dog Parks in the City for a period of up to eight (8) weeks, with staff
further directed to provide adequate noticing that offers potential alternatives for Dog Park
users during this time period and the City's future plans. Motion was seconded by Weber
and carried by a 4-1 vote, with Spiegel voting NO.
D. CONSIDERATION OF REGULAR CITY COUNCIL, SUCCESSOR AGENCY,
HOUSING AUTHORITY, AND FINANCING AUTHORITY MEETING TIME.
Mr. Wohlmuth noted Councilmember Weber asked that this item be placed
on the agenda today, recognizing a letter and petition was received from
Ms. Terry Wood. Staff's recommendation is to maintain the current Council
resolution that sets the meeting time at 4:00 p.m. and study session at 2:00
p.m. However, this was a City Council policy issue.
MS. TERRY WOOD, Easy Street, Palm Desert, stated she had a petition
signed by 30 residents to change the meeting time. However, responding to
the comments made by the Council that the population of Palm Desert was
50,000, she said if she had more time she could gather two or three
thousand signatures. Her main point is that there are usually only 20 to 25
people that attend the aftemoon meeting, but she keeps hearing that the
Council would like a guarantee more people would attend a later meeting
time. She said every one she spoke to whether it was a business or
resident, tell her they don't get home until after 5:00 p.m. and don't feel they
can get to the meeting in time. She said 6:00 p.m. was the norm for most
cities with only a couple of cities meeting at 1:00 p.m. or 3:00 p.m. She said
the cities of Desert Hot Springs, Palm Springs, and Indio met at 6:00 p.m. or
later. Another argument was that retail businesses couldn't get to a meeting,
but not all retail businesses are open after 6:00 p.m. She agreed a large
portion of the population are retired, but she believed it was 50% or more
that are still working, making it difficult for them to make it to a meeting. The
position she's heard from the Council is that residents can watch the video
feed, but that was not the same as being in attendance.
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Mayor Hamik cautioned Ms. Wood from continuing to refer to the Council in
general, because it was not quite accurate, stating there have been
Councilmembers who have made specific statements. Further responding,
she said the newspaper did not state the Council's position, it cited specific
Councilmembers.
MS. WOOD apologized. She went on to say she learned from the City Clerk
that from 1973 to 1985, the meetings were at 7:00 p.m.; therefore, Palm
Desert has had later meetings. However, she couldn't guarantee more
people would attend late City Council meetings. She is very interested in
what happens at City Council meetings, but couldn't always attend. She
believed a lot of her neighbors and businesses want to take part in what the
City is doing and wondered if she had 2,000 signatures if the Council would
consider changing the time. She said she was speaking on behalf of the
residents.
Councilmember Weber stated she appreciated having the item before the
Council this evening, but recognized the Council first started discussing it
during the summer when a lot of people were out of town and many
businesses closed during August. It was now September, and she is
concerned many people aren't aware of this discussion. Therefore, she
would like to delay this item to allow people an opportunity to speak to this
issue.
Councilmember Weber moved to continue this item to a later date. Motion died for
lack of a second.
Mayor Pro Tem Benson pointed out that when the City first incorporated in
1973 and the Council met at 7:00 p.m., there was a bigger audience
because there was a lot to discuss and many things had to be decided.
However, 30+ years later those things have been covered. She said when
Palm Desert changed their schedule, she probably heard one complaint.
Today some cities meet at 1:00 p.m. and 3:00 p.m., but not all of them are
in the evening. She didn't believe there was an outcry from the community
that the Council was depriving them from attending a meeting, because
money has been spent on having them televised. She said she didn't
advocate for them to be televised, because it wasn't the same as sitting in
the audience, but the Council did received good comments about it. She
wasn't convinced the community was dissatisfied with the way Palm Desert
conducted its business, because there have been no complaints; therefore,
she was not in favor of changing the schedule. She said when they
implemented the current schedule, the Council found a happy medium to
accommodate the people. Additionally, residents can communicate with the
Council by sending in a letter, and it will research their issues and respond
to them. She said someone didn't have to be at a City Council meeting in
order to bring their business before the City as there are other ways to do so.
14
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
Councilman Spiegel agreed, stating the City now provided the meeting on
television, and anyone who has a question or wants to meet or call him can
do so. He said he will respond whether it be The Desert Sun or a resident;
therefore, he saw no reason to change the meeting time.
Councilman Tanner stated this last year when he was campaigning and
knocking on doors, he specifically asked residents for their input or concerns
regarding transparency, and there was not one concern about meetings
being held at 4:00 p.m., and he's been around since 1980. He said this
Council has addressed transparency by providing City Council meetings live
on the Internet or they can be watched on television a week later. He said
if 51 % of the voting constituents wanted the schedule changed, then it will
be done, but he would be opposed to changing it at this time.
Mayor Harnik stated she belonged to the Chamber of Commerce for more
than a decade, and its comprised of different types of businesses with
hospitality being one of the major ones. She said many people go to work
at 5:00 p.m. and work through the night so they are unable to attend a City
Council meeting. However, staff works hard to live steam the meetings, and
they do an amazing job of ensuring the agenda is posted 72 hours prior to
the meeting as required by the Brown Act, but instead its posted on the
Friday before the Thursday meeting, which is available for anyone to review.
She said when business owners have an issue, they make it to the meeting.
Additionally, she concurred with Councilman Spiegel's comment that if
residents have concerns, Councilmembers will meet with them and/or
respond. She believed the meeting time was a moving target and won't
always be convenient for everyone. In reviewing the staff report, in the past,
this issue has had a lot of discussion and thought behind it, and the current
schedule is a reflection of that. She pointed out City Committees and
Commissions meet between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, with the Planning Commission and Youth Committee being
the only bodies each with a 6:00 p.m. start time. Additionally, many of the
members still work and are not yet in retirement; they are involved and
engaged in the community. Given the names of former and current
Councilmembers involved in coming up with the current policy, she knew
they worked long and hard on this matter, and generally, public hearing items
are heard after 5:00 p.m.
Councilman Tanner moved to, by Minute Motion, concur with staff's
recommendation to retain the existing Regular City Council Meeting schedule on the
second and fourth Thursdays each month, concurrently with Successor Agency, Housing
and Financing Authority Meetings, and time as set forth in Resolution No. 02-57, with the
regular meeting convening at 3:00 p.m. and adjourning to Closed Session, reconvening
the regular meeting at 4:00 p.m. for the conduct of regular business and public hearings.
Motion was seconded by Benson.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
Councilmember Weber stated it was disrespectful for the Council to examine
this issue on the short notice given to the general public, because this would
be a significant change. She didn't believe that by placing the item on the
agenda for the 26w really provided the public an opportunity to respond by
talking to the Council, making a telephone or send in more emails. She
reiterated it was disrespectful to the public to just say they had two weeks
notice and now the Council was going to vote on it, and they are out of luck.
Mayor Harnik called for the vote, and the motion carried by a 4-1 vote, with Weber
voting NO.
Mayor Harnik responding to Councilmember Weber's comment, stated that
when community members have two weeks to respond or react to anything
on the agenda, they usually do and the Council hears them strong and loud;
therefore, she respected the vote today.
NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY A FOUR -FIFTHS
VOTE OF THE CITY COUNCIL AT THE BEGINNING OF THIS MEETING.
E. CONSIDERATION OF REQUEST FOR FINANCIAL CONTRIBUTION TO
THE PALM DESERT SISTER CITY OF IXTAPA - ZIHUATANEJO, MEXICO,
TO ASSIST IN THEIR RECOVERY EFFORTS AFTER THE RECENT
STORMS.
Mayor Pro Tem Benson noted this item was added to the agenda at her
request, stating she would like for the City to contribute $25,000 to
Zihuatanejo's Recovery Fund. She said all the community to Zihuatanejo
was recently cut off and badly hit by the storm. She said the community is
now getting aid from the government for food, medicine, etc., but they are
desperately in need of help for the families that were totally wiped out. They
are in need of mattresses, towels, sheets, and all the things that helped
maintain a home. She said there will be other contributions coming in as
Rosemary Ortega has been in touch with Sister Cities representatives in
Zihuatanejo, and they are setting up a fund through the bank that the Rotary
is contributing. Rosemary will be happy to work with City staff to ensure
funds go through the right channels. She said it behooves Palm Desert as
a Sister City to help them on their way to recovery, because they were
desperately hit and it's not a wealthy town to begin with.
Councilmember Weber asked how did Mayor Pro Tem Benson derive at the
amount of $25,000 versus $20,000 or $40,000.
Mayor Pro Tem Benson responded it was a nice sum to start with.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
Councilman Spiegel agreed with Mayor Pro Tem Benson that Zihuatanejo
is a beautiful little community, but not a wealthy one. He said the City has
sent them fire engines, ambulances, and fire personnel to assist.
Councilman Spiegel moved to, by Minute Motion: 1) Contribute $25,000 to the Relief
Fund established for Palm Deserts Sister City of Ixtapa - Zihuatanejo, Mexico, for that
area's recovery efforts following the recent storms; 2) appropriate said funds from the City's
Unobligated General Fund Reserves for this purpose.
Responding to question, Mayor Pro Tem Benson said the funds will come
out of the General Fund.
Mr. Wohlmuth agreed the funds will be part of the General Fund Reserve,
stating in the last resolution passed, different reserve accounts were set up,
one of them being an account for Council to use for such purpose.
Councilman Spiegel stated he believed $500,000 was the amount set aside.
Councilman Tanner stated Palm Desert was a City that has money, and its
Sister City does not. He believed $25,000 was a good sum to start the fund
and hopefully there are others that will contribute as well.
Councilman Tanner seconded the motion.
Responding to question, Councilman Spiegel confirmed the motion included
the appropriation of the funds.
The motion carried on a 5-0 vote.
Mayor Pro Tem Benson thanked the Council, because she knew it will be
greatly appreciated.
XV. CONTINUED BUSINESS
None
17
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
XVI. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT TO GOLDEN VISTA
CONSTRUCTION d.b.a. GOLDEN VALLEY CONSTRUCTION IN THE
AMOUNT OF $48,332 FOR THE COUNTRY CLUB DRIVE MEDIAN
LANDSCAPE REHABILITATION PROJECT (CONTRACT NO. C32910,
PROJECT NO. 979-14).
Mr. Greenwood stated this project is to renovate the median landscaping on
Country Club Drive between Portola Avenue and Cook Street. He noted the
vendor was a local contractor and they bid well under the allocated budget.
Councilman Spiegel moved to, by Minute Motion: 1) Award subject contract for the
Country Club Drive Median Landscape Rehabilitation Project to Golden Vista Construction,
Inc., d.b.a. Golden Valley Construction, Palm Springs, Califomia, in the amount of $48,332;
2) authorize Director of Finance to set aside a 10% contingency in the amount of
$4,833.20; 3) authorize the Mayor to execute said contract— funds are available in Account
No. 400-4614-433-4001 - Capital Project Reserve Landscape Services. Motion was
seconded by Tanner.
Councilman Tanner commented he liked that there was a large response
from local vendors during the bid process.
Responding to question, Mr. Greenwood confirmed the new design had
fewer touches requiring less pruning; therefore, it provides a savings.
Councilman Spiegel asked about the landscape project on Portola Avenue
where all the palm trees were removed.
Mr. Greenwood replied that was not a City project. He said the property
owner did all of their own work and removed the palm trees.
The motion carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF REQUEST BY BURRTEC WASTE AND RECYCLING
SERVICES TO ESTABLISH THE NEW COMMERCIAL RECYCLE FEE
(Continued from the meeting of August 22, 2013).
Mr. Wohlmuth noted the 2:00 p.m. Study Session on this matter where the
Council received a couple of good examples of how the rate will affect
businesses. In staff's opinion, if businesses recycled, most of them should
be able to reduce their waste bill by implementing an aggressive recycling
program. He said staff recommended approval of the new Commercial
Recycle Fee with implementation effective November 1, 2013.
Mayor Harnik 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: 1) By Minute Motion, approve the new Commercial
Recycle Fee set at 35% of trash rate; 2) By Minute Motion, approve the implementation
date of November 1, 2013, for the new Commercial Recycle Fee for customers already
recycling (the fee will be applied to non -recycling commercial customers as the recycle
program is implemented); 3) Waive further reading and adopt Resolution No. 2013 - 59,
approving the new Commercial Recycle Fee set at 35% of trash rate as provided for in
Contract No. C27410 - Solid Waste Management Services; 4) By Minute Motion, apply
new Commercial Recycle Fee to commercial customers.
Councilman Tanner stated the Council did have a Study Session and Burrtec
reached out on numerous occasions to the Council and commercial and
residential clients about this matter. He said his questions were answered
favorably this afternoon, and it appears, as the City gets aggressive with its
recycle program, everyone will benefit in both the short- and long-term.
Councilman Tanner seconded the motion and it carried by a 5-0 vote.
19
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
B. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
TO MODIFY SECTION 25.56.080(D) (SECTION 25.68.080[D]
CURRENTLY) - WINDOW SIGNS - OF THE PALM DESERT MUNICIPAL
CODE, ALLOWING ILLUMINATED WINDOW SIGNAGE FOR ALL
BUSINESSES, EXCEPT FOR BUSINESSES LOCATED ON EL PASEO,
Case No. ZOA 13-224 (City of Palm Desert, Applicant).
Principal Planner Tony Bagato stated this was the first item of three Zoning
Ordinance Amendments, which were separated out of the Zoning Ordinance
Comprehensive Update that was created for the purpose of making it user
friendly. The first item is related to illuminated window signage; currently,
they are prohibited. In 2010, the City Council directed staff to allow them due
to code enforcement issues with businesses that currently had them. On
October 19, 2010, the Planning Commission, on a 3-2 vote, made a
recommendation of denial. On November 18, 2010, the City Council
requested a subcommittee to be formed to study them. He displayed
photographs that were also included in the staff report, highlighting the
illuminated window signage that can be neon or LED. He displayed a
business located on the corner of San Pablo and Highway 111, a worse case
scenario that included seven illuminated signs, mostly advertising liquor,
beer signs, and ATM. He also displayed a business for a tattoo that is no
longer in business, but the subcommittee felt it was well done and
appropriate in size. In reviewing this matter, the subcommittee determined
the overall issue wasn't necessarily neon lighting, but window clutter. The
current code limits window signage to 25 percent of the window; therefore
the recommendation is to allow illuminated window signage within that 25
percent allowance. The Planning Commission reviewed the matter in August
2013, and their only concern is they didn't want neon signs fronting on El
Paseo, but businesses in the back with exposure to parking Tots, like
President's Plaza, could have the neon signs. He said the City has not
received testimony in favor or opposition to this amendment; therefore, staff
recommended approval.
Councilman Spiegel asked if people knew about this amendment.
Mr. Bagato replied staff notified the businesses that had previously reviewed
this item, stating most were in support the last time, but a couple of
businesses they were dealing with are no longer around.
Mayor Harnik recalled this was submitted to the El Paseo Merchants and
Chamber of Commerce and there were no responses.
Mr. Bagato clarified this item was not presented to the El Paseo Merchants,
it was only presented to the Chamber of Commerce where there were no
comments received.
20
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
Councilman Tanner asked if staff planned to grandfather businesses or was
this an Ordinance that will require the liquor store on the corner of San Pablo
and Highway 111 to remove all signs except for one.
Mr. Bagato explained the City has allowed the signs to remain until this
issues is resolved, but staff was not proposing to grandfather all existing
ones. He said staff will need to provide an education period and provide
businesses time to comply.
Mr. Wohlmuth added that under this Ordinance, the mentioned liquor store
could potentially get a permit for illuminated window signs as long as it was
limited to 25 percent or 15 square feet of the window space. Therefore, this
business wouldn't necessarily take all the signs down, but choose which
ones they will keep and determine what they will apply for. Responding to
question, he said paper signs are part of the calculation of the 25 percent.
Mr. Bagato stated that in 2009/2010 staff looked at cleaning up all these
cluttered windows, but because of the economy, many businesses felt it was
the wrong time to be picking on them so the City backed off. However, these
issues about paper signs needs to be addressed as well.
Councilman Tanner believed anything greater than 25 percent created a
problem for code enforcement being able to see what is going on inside a
business.
Councilman Spiegel stated the Council shouldn't vote on this until it received
a reply from the El Paseo Merchants and whether they supported neon
signage on El Paseo.
Responding to question, Mr. Bagato confirmed the El Paseo Merchants were
not advised of this matter, but staff did not meet on this issue until it was
changed at the Planning Commission level. He pointed out this amendment
was only for the businesses fronting El Paseo, so if a business was within
The Gardens and is facing the back, they are allowed to have neon signs.
However, he agreed to have this issue presented to the El Paseo Merchants.
Councilman Tanner asked if the Planning Commissioner who is also a
merchant/store owner on El Paseo recused herself from the vote.
Mr. Bagato answered yes, stating she spoke as a business owner in favor
of not allowing them on the business frontages on El Paseo. Further
responding, he confirmed it was a 3-0 vote. He said this business owner
was in favor of neon signs in the rear parking lot and interior courtyards, but
not businesses fronting El Paseo; she also agreed other areas should be
treated differently than El Paseo.
21
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
Mayor Harnik stated she read somewhere that El Paseo had higher
standards, but she preferred to say El Paseo had a different standard. In
going to places like Modem Arts Museum and LACMA (Los Angeles County
Museum of Art), she believed the stigma of illuminated and neon signs is
over. She said whether people liked tattoos or not, she saw nothing wrong
with the tattoo business that was displayed with its illuminated sign. She
said this issue had gone on long enough and the Council needed to make
a decision; however, she agreed the Council needs the El Paseo Merchants
input. She liked everything about the Ordinance, except for not allowing
illuminated signs on El Paseo, because the City is trying to encourage
businesses to stay open later, and El Paseo is dark during the winter. She
said a few signs can be allowed as long as they complied with the standard
set forth, but not necessarily require that it go before the Architectural
Review Commission (ARC) or the Planning Commission every time. She
said there should be a separate standard for El Paseo businesses where
they are able to go to the Planning Department for approval, and only if there
is a question, at that point, referred to ARC. She said there is noone on El
Paseo that wants to make their business look lousy, and the City needs to
give those businesses the benefit of knowing good business.
Councilman Spiegel pointed out the El Paseo Merchants may agree with the
Ordinance of not allowing illuminated signs on El Paseo, but if they think it's
wrong and feel they should be given the same opportunity as the rest of the
businesses in the City, then it would be wrong to go against them.
Mayor Harnik said people needed to look at neon signage differently,
because every time she heard someone say they didn't like neon, they need
to look at the Daily Grill, which has neon on it, but it's done well and it's part
of their branding.
Councilman Tanner agreed, stating the Apple Store had neon.
Mayor Harnik declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered,
she left the public hearing open.
Councilman Spiegel moved to continue this item to the meeting of October 24,
2013. Motion was seconded by Tanner and carried by a 5-0 vote.
22
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
C. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
TO MODIFY SECTION 25.56.080(G) (SECTION 25.68.080[G]
CURRENTLY) - PEDESTRIAN -ORIENTED SIGNS - OF THE
PALM DESERT MUNICIPAL CODE, TO RESTRICT THEM ON EL PASEO
AND ALLOW A -FRAME SIGNS IN OTHER PARTS OF THE CITY,
Case No. ZOA 13-225, (City of Palm Desert, Applicant).
Principal Planner Tony Bagato noted this item was presented to the El Paseo
Merchants, stating A -frame signs were asked to be studied by the City
Council. Some Councilmembers actually preferred the A -frame versus the
pedestal signs, because pedestal signs can fall down. Staff started looking
at this issue in 2009 at just allowing A -frames to the City standards, because
they are currently not allowed. What was surprising, is the 2012
subcommittee didn't mind the A -frames, and only wanted to restrict them on
El Paseo during the summer months. Currently, they are allowed year round,
but the concern is they create clutter. He displayed a photograph of the
typical pedestal signs and a photograph of an A -frame sign belonging to the
merchant that came before the Council defending her sign. He displayed
examples of some of the pedestal signs where rocks are placed at the base
to keep them from falling over. A particular photograph depicted clutter and
also impeded pedestrian traffic flow. The committee, consisting of members
of the El Paseo Merchants agreed A -frames shouldn't be allow except in the
summer time, June through October. They also included allowing them for
businesses opened for breakfast or later in the evening during the regular
season. The Planning Commission had a similar discussion as with
illuminated signs where the Commission didn't believe A -frames should be
allowed on El Paseo. He said this item was presented to the Merchants, but
there was no consensus. The Merchants were made aware of the possible
changes, but nothing in writing was ever received by staff. The item was also
presented to the Chamber of Commerce as well, and there were no
comments in favor or opposition. Staff understands the Planning
Commission wants to treat El Paseo differently, and A -frames can look
cheap at times, but they are harder to regulate. Therefore, staff supports the
Planning Commission's recommendation to allow A -frames in the City, but
restrict them on El Paseo.
Councilman Spiegel stated the only way the public can be made aware of
JC's Patio Cafe, the little restaurant in the back area, is if there is a sign,
especially for someone that didn't live in Palm Desert, but is looking for a
sandwich or breakfast place.
Mayor Pro Tem Benson said the restaurant is on the corner of Sage and El
Paseo.
Mr. Bagato responded that by Code, signs can be located in front of the
store directly. Some A -frames have been allowed temporarily off -site, but it
23
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
was tricky, because if you allow one person, than every business behind the
street will have an A -frame, which led to clutter.
Mayor Harnik stated A -frames are far more charming than the pedestal
signs, because she objected to the clutter created by one pedestal sign after
another. She agreed with allowing them only during the summer months
between June 1 and October 1, or before 10:00 a.m. when a business is
actually opened as stated in the Ordinance. The Ordinance also states that
The signs permitted should be limited to the word "Open" and the business
name and logo only. She added the hours of operation might be important
as well. She disagreed limiting the logo to two colors, because if someone
had a logo with more than two colors, they should be able to display however
many colors required to promote their brand. She suggested having that
changed to allow more colors. She said if the Council decided to allow
A -frames, they should be on private property and not impede pedestrians.
Councilmember Weber agreed A -frames should be on private property and
liked the idea of having their logo on it, but never thought about having the
hours of operation on them, which was a good point. However, she
discouraged any advertisements.
Councilman Tanner stated he didn't like either the pedestal signs or
A -frames out there repetitively.
Mayor Hamik stated this issue was more about clutter, which is the same
conclusion it had with illuminated signs.
Councilman Tanner stated one of the problems is that the sidewalks are not
very wide, because he believed a series of A -frames would create the same
clutter as the pedestal signs.
Mayor Harnik declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter.
MS. BARBARA deBOOM, President CEO of the Palm Desert Chamber of
Commerce, suggested the Council consider installing directional monuments
on each corner for each street with the stores names and hours . She said
the business owner would then be responsible for notifying whether they will
be open or closed for summer.
With no further testimony offered, Mayor Harnik closed the public hearing.
Mayor Pro Tem Benson noted that last night when she was at a stop sign,
a store had a big sign out on the street that said "Sale," and she thought
those types of signs weren't going to be allowed.
24
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
Mr. Bagato replied he's noticed that same sign himself, but when the
economy was down, staff limited its enforcement to potential hazards and let
things ride. However, in a couple of months, potentially there will be
business owners wanting to talk to the Council once the Code changes. He
said these things can get tricky, because if you asked ten people, you will get
ten different opinions about illuminated signs and pedestal signs.
Councilman Tanner noted the City didn't have enough Code Enforcement
personnel, and if people are used to putting these pedestal signs out, it will
be difficult to change it and enforce it.
Mayor Hamik said business owners have been using pedestal signs since
2010.
Mr. Bagato agreed 2010 is when Code stopped enforcing. However, the City
does a good job of using Code Enforcement to educate businesses by
providing them with the Ordinance, letters, time to comply, and having them
contact the Planning Department if they have any questions or concerns.
Staff will then ease businesses into the change, and then Code will follow
through, but sometimes it requires Code to conduct occasional sweeps;
nonetheless, it will be a change.
Councilman Tanner stated he would move for staffs recommendation with
the understanding that this issue will be revisited. He said the Council had
to establish a standard, and he wasn't sure the Council agreed on what it
liked and didn't like, but a standard had to be in place, and the beginning of
the season was the best time. He said staff has done a substantial amount
of work on this matter and agreed many comments will come forth in the
future, but the Council needed to start some place.
Councilman Tanner moved to waive further reading and pass Ordinance No. 1263
to second reading, approving Zoning Ordinance Amendment No. 13-225, amending Palm
Desert Municipal Code Section 25.56.080(G) (currently Section 25.68.080[G]) - Pedestrian -
oriented Signs.
Councilmember Weber asked if the motion included a time frame on the
education portion of it.
Mr. Bagato explained that at the second reading, there will be 30 days before
the Ordinance becomes in effect, which is when staff will start notifying
business owners. He reiterated the recommendation of staff is to not allow
A -frames on El Paseo.
Mayor Harnik stated she would like the logo to allow more than two colors.
25
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
Mr. Wohlmuth stated an Ordinance required two readings, and changing the
language to include more than two color for a business logo was not a
significant change. If Council passes the first reading with this type of
direction, staff can make the modification before the second reading at the
next City Council meeting, then it becomes effective 30 days after the
second reading.
Mayor Harnik stated the motion could be made to include hours of operation,
and remove the statement "shall be two colors only."
Mr. Wohlmuth said if the Council passed the first reading, the Ordinance can
be changed without significant or substantive changes, and drafted for the
second reading as directed by Council. He asked that the Council be
specific on the types of changes it wanted between the first and second
reading.
Mayor Pro Tem Benson seconded the motion.
Mayor Harnik moved to amend Councilman Tanner's motion to include the following,
where appropriate, in the regulation: Pedestrian -oriented signs may include hours of
operation, delete language that says "signs shall be two colors only," ensure language
specifies that placement of said signs to be only on private property, and include A -frame
signs to be allowed on El Paseo. Motion was seconded by Weber.
Mayor Harnik called for the vote on the amendment, and it carried by a 3-2 vote,
with Spiegel and Tanner voting NO.
Mayor Harnik called for the vote on the original motion, and it carried by a 3-2 vote,
with Spiegel and Tanner voting NO.
FOR PURPOSES OF CLARIFICATION:
Passed Ordinance No. 1263 to second reading as amended to include the
following, where appropriate, in the regulation: Pedestrian -oriented signs may
include hours of operation, delete language that says "signs shall be two
colors only," ensure language specifies that placement of said signs to be
only on private property, and include A -frame signs to be allowed on El Paseo.
3-2 (Spiegel, Tanner NO)
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
D. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
TO MODIFY SECTION 25.46.040(A) (SECTION 25.58.310 CURRENTLY) -
PARKING REQUIREMENTS TABLE 25.46-1 - OF THE PALM DESERT
MUNICIPAL CODE, CHANGING THE NUMBER OF PARKING SPACES
REQUIRED FOR VARIOUS LAND USES, Case No. ZOA 13-226, (City of
Palm Desert, Applicant).
Principal Planner Tony Bagato stated there were two reasons this item was
brought up. First, staff reviews parking issues whenever there is a new
development, especially on EI Paseo and Highway 111, or projects trying to
expand. Secondly, the Citizens Sustainability Committee brought up the
issue of environmental impacts from urbanized areas with heat island effects
increasing rain runoff and from the amount of asphalt constantly being
maintained. In a year's period, staff surveyed the City from January to April,
which is the busiest time of the year for a season and found that only 46%
of the spaces were occupied on most projects; therefore, the proposed
Ordinance is to reduce parking standards. Staff did a study and came up
with averages that included a cushion, so in going through the numbers,
some were bumped up and others were adjusted. For example, General
Retail is currently 4 per 1,000 square feet, and it will go down to 3 per 1,000
square feet. Where the study found that only 2 to 2 1 spaces were actually
being used, staff didn't go down to 2, because it didn't want to create one
extreme to another. After reviewing these numbers, staff went through the
Institute of Transportation Engineers (ITE) Parking Generation Manual and
found that the City's numbers were similar to the demands in their case
studies. In the long term, staff believes the new standard creates a
development incentive for property owners without having to actually spend
any money. He said one can look at an older center like Westfield or Desert
Crossings, and if a developer wanted to expand the square footage, they
could by eliminating some parking, which provided more taxable footage and
income tax to the City.
Councilman Spiegel asked if the width of the individual parking space was
going to be changed.
Mr. Bagato answered no, stating the Ordinance only changed the number of
spaces required per use.
Mayor Hamik 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.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
Councilman Spiegel moved to waive further reading and pass Ordinance No. 1264
to second reading, approving Zoning Ordinance Amendment No. 13-226, amending Palm
Desert Municipal Code Section 25.46.040(A) (currently 25.58.310) - Parking Schedule.
Motion was seconded by Weber and carried by a 5-0 vote.
Mayor Harnik noted the issue of parking was addressed at the League of
California Cities Conference, and this action was in accordance with the
recommended better practice.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meetina Summaries for the Period September 3-13,
2013.
Mr. Wohlmuth noted his report that was provided with the agenda
packets.
With Council concurrence, the Summaries were received and filed.
2. Desert Willow Golf Resort General Manager Rich Moaensen
Mr. Wohlmuth called Mr. Mogensen to the podium and noted that he
was resigning from Desert Willow and from Kemper Sports
Management and moving to Florida to be closer to his family. He
would be going to Streamsong Resort in Polk County, Florida (located
in the middle of the state). Mr. Wohlmuth went on to say that Rich
had done a tremendous job as Desert Willow's General Manager, and
he would be sad to see him go but happy that he would be moving
closer to family. On behalf of the City Council and City of
Palm Desert, he presented Rich with a key to the City in appreciation
for his years of service and good work at the City's Golf Resort.
Mr. Mogensen was very appreciative of the gift and kind words. He
said it was with obvious regret to say that he was moving on to
Florida, as the last five years managing Desert Willow Golf Resort
had been a labor of love for him. He sincerely appreciated all the
friendship and support of City Council and City staff, and it was a
wonderful experience and honor he would always carry with him. He
also thanked City Council for its continuing support of the quality of
Desert Willow and hoped it would continue for many years to come;
he looked forward to tracking what happens over the next few years.
He closed by inviting all to come to Florida to see him at the new
property he was going to be managing.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
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:
a) Property Formerly Known as McGowan's Irish Inn — Councilman
Spiegel said he'd never before made such a request, but he inquired
about using the process of eminent domain on the subject property
that has been left vacant — with no apparent other activity for sale or
lease — after a fire there some time ago. He added that it was a
disgrace to the City, especially being located prominently on
Highway 111.
Responding to question and comment, Mr. Wohlmuth said the City
had previously sent a letter to the property owner but hasn't received
a response. Further, he didn't believe the initial letter had been sent
certified maiVreturn receipt, and he would be happy to try to make
contact again in that manner. He went on to respond that there is a
specific process for eminent domain proceedings, and staff would
review how it could be exercised.
Mayor Pro Tem Benson proposed indicating in the second letter the
City's potential next step of eminent domain if no response was
received from the property owner.
Mr. Wohlmuth responded that the course he would likely take is to
send a second letter by registered mail that implores the property
owner to respond, because City Council is very concerned about the
status of the property and may seek other alternatives, including, but
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
not limited to, eminent domain. In answer to question, he understood
the property owner was still working on the fire damage with his
insurance company.
Upon inquiry about whether or not the subject property had been
deemed red -tagged or condemned, Mr. Grance responded that the
property had been secured, no occupancy allowed; and he, too,
understood that it was a matter of waiting for an insurance settlement.
Councilman Tanner believed the property constituted a health hazard
and felt something should be done.
Mr. Wohlmuth agreed to look at the remedies available to the City and
will meet with Mr. Erwin to develop a strategy on this issue.
2. City Council Consideration of Travel Reauests and Reports:
a) Leaaue of California Cities Annual Conference, — Mayor Harnik
reported that she and Councilmember Weber attended last week's
Conference in Sacramento, and she felt the break-out sessions were
particularly relevant. She referred to her comments made during the
above public hearing on Parking Requirements, as there'd been a
break-out session specifically on that issue that was very enlightening.
She added that for new retail projects, parking is an integral
component. She listed titles of other break-out sessions, including
Staff Engagement & Service, Sense of Community and how important
art is to the community. She'd learned a lot to bring back to the City.
Councilmember Weber added that one of the sessions she attended
was about Rosenberg's Rules of Order, which she found very
interesting and felt had merit for Palm Desert.
3. City Council Committee Reports:
None
4. City Council Comments:
a) Richard S. Kelly Golf Tournament - September 14 — Mayor Harnik
said the Golf Tournament was held at Desert Willow, benefitting First
Tee, and it was a wonderful success.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
5. Suggested Items for Future City Council Meeting Agendas:
None
XIX. ADJOURNMENT
With City Council concurrence, Mayor Harnik adjourned the meeting at 5:46 p.m.
ATTEST:
RAHELLE D. KLASSEN, CITY CLEF
CITY OF PALM DESERT, CALIFOR
JAN C. HARNIK, MAYOR
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