HomeMy WebLinkAbout2017-03-231
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MARCH 23, 2017
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Harnik convened the meeting at 3:05 p.m.
II. ROLL CALL
Present:
Mayor Pro Tem Sabby Jonathan
Councilmember Kathleen Kelly
Councilmember Gina Nestande
Councilmember Susan Marie Weber
Mayor Jan C. Harnik
Also Present:
Lauri Aylaian, City Manager
Robert W. Hargreaves, City Attorney
Rudy P. Acosta, Assistant City Manager
Rachelle D. Klassen, City Clerk
Lori Carney, Director of Administrative Services
Russell Grance, Director of Building & Safety
Ryan Stendell, Director of Community Development
Martin Alvarez, Director of Economic Development
Janet M. Moore, Director of Finance/City Treasurer
Frankie Riddle, Director of Special Programs
Bo Chen, City Engineer
Stephen Y. Aryan, Risk Manager
Lt. Coby Webb, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department
Sgt. Michael Gaunt, Palm Desert Police/Riverside Co. Sheriffs Department
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2017
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Lease Property - 43900 San Pablo Avenue, Palm Desert
Negotiating Parties:
Agency: Lauri Aylaian/Mark Greenwood/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Kevin Kalman/Desert Recreation District
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d)(1):
1) City of Palm Springs v. All Persons Interested, etc., et al., Riverside
County Superior Court, Case No. INDIO 51124
C. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
Number of potential cases: 2
With City Council concurrence, Mayor Harnik adjourned the meeting to Closed
Session of the City Council and Successor Agency at 3:07 p.m. She reconvened
the meeting at 4:03 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Hargreaves reported that the WNRA Palm Desert 103, LP, v. City of
Palm Desert, et al., Riverside County Superior Court, Case No. PSC
1400549 has been successfully settled, stating this litigation involved the
child care parcel by the University Campus.
Staff also received direction on the agenda items, but no reportable action
was taken.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member
Matthew Chang
VII. INVOCATION - Mayor Pro Tem Sabby Jonathan
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With City Council concurrence, Mayor Harnik suspended the agenda at this point in
order to take up Section VIII - Awards and Presentations, Item C. Following that
presentation, she resumed the regular agenda order.
VIII. AWARDS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION DECLARING "SERGEANT
DAVID ADAMS DAY" IN THE CITY OF PALM DESERT.
On behalf of the City Council Mayor Harnik presented the proclamation to
Sergeant Adams.
Sgt. Adams shared that when he was initially transferred to Palm Desert from
the Indio Station, he thought he was being punished, but in the first week he
felt the warm welcome from the community and found a new home, which
was fantastic. At the Department, the Captains took care of him and he was
able to work several different assignments from traffic and administration
across the board, and in working with the City his work turned from a job to
a family. Sadly, he put in a transfer to the Indio Jail Facility to broaden his
scope for the Department and also give somebody else the opportunity to
experience what he had with the City. He thanked the City Council for the
opportunity to serve in Palm Desert.
Mayor Harnik noted that in the audience there was a lot show of support from
his colleagues and the public.
Councilmember Weber reminded everyone of the effort and time Sgt. Adams
devoted to the Shop with the Cop Program, stating he touched a lot of lives
in that manner, and the City Council was grateful for it.
B. PRESENTATION OF PROCLAMATION DECLARING APRIL 2-8, 2017, AS
"CRIME VICTIMS' RIGHTS WEEK" IN THE CITY OF PALM DESERT.
On behalf of the City Council Mayor Harnik presented the proclamation to
Ms. Rachel Maurice, Assistant Director of Division of Victim Services with the
Riverside County District Attorney's Office.
Ms. Maurice stated each year it's one of their somber pleasures to be able
to honor the victims of crime in each region of the County. She invited the
City Council and the public to attend the vigil at the Palm Desert Civic Center
Park on April 4, 2017, at 7:00 p.m. She said she knew this community had
been impacted with crimes, specifically local officers, so a special
presentation will be done to honor them. The theme this year is Strength,
Resilience, and Justice.
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C. PRESENTATION OF PROCLAMATION DECLARING APRIL 2017 AS
"DMV / DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the City Council Mayor Harnik presented the proclamation to
Mr. Myles Kaye who is an ambassador for Donate Life California.
Mr. Kaye thanked the City Council for the proclamation recognizing the
month -long campaign. He noted he was a snowbird and Palm Desert was
his second home where he did all his volunteer work for Donate Life
California. He explained that the employees of the Department of Motor
Vehicles worked under the organization One Legacy, and a subdivision of
that is Donate Life California. He said the community should be proud for
what it has accomplished, because more than 12 million Californians have
registered as a donor, adding that One Legacy is the largest procurement
organization in the United States and the World. He added that the DMVs,
city councils, and citizens are the ones making it all possible, and he was
only representing the troops who are the DMV employees.
D. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON
PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER
MATTHEW CHANG.
Mr. Chang reported they held a Senior Technology Day event at the Joslyn
Center where they helped the seniors with their gadgets. He said a lot of the
seniors had expensive devices, but they didn't know how to utilize the
technology on them. The Committee is working on an anti -bullying
presentation for the elementary schools to help students instill good values
from a young age. They are also working on a Sustainability Party for
April 19 at Lincoln Elementary School to teach students how to conserve and
use less water. Additionally, the Committee is working on establishing "No
Idling Zones" to curb pollution in areas around schools.
Mayor Harnik pointed out that Mr. Chang was part of the four -member team
that squashed the other teams in the World Quest Competition. She
thanked Mr. Chang for representing the City well at Palm Desert High
School.
IX. ORAL COMMUNICATIONS - B
MS. RAN HU, Up With People (UWP), stated she was from China and it was
very special to be able to be here. She came to invite the City Council and
the public to their event next week (at Palm Desert High School March 31
and April 1 at 7:00 p.m.). They are a nonprofit global educational and
performing art's program that has been around for 52 years. She said the
cast of 100 young people from 21 different countries had the privilege to
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come to the Coachella Valley, and a local beneficiary is working with them
through the schools. They will provide 1,000 volunteer service hours
collectively, covering several cities in the Valley. Here in Palm Desert, they
will be working with Desert Arc and Palm Desert High School, providing a
cultural fair and a school performance for the students. At this point the
logistics have been set up, but they still need support financially to get as
many girls from the Ophelia Project to attend the show, so she wondered if
the City was interested in being a ticket sponsor for them.
MS. TAMMY MARTIN, Executive Director for Friends of the Desert
Mountains, stated that on behalf of the Board, staff, and volunteers, she was
before the City Council to provide an update on the Wildflower Festival that
took place on March 4. She thanked the volunteers and board members in
the audience that came to provide their support of the City and Friends of the
Desert Mountains. She reported the event had record attendance of more
than 2,400 and over 125 volunteers who helped with the event. Also, more
than 273 people participated in the hikes and 338 participants walked the
new ADA Path Trail. Most of the attendees for the event were families from
Palm Desert, but there was a spike coming from Indio and Cathedral City.
Therefore, she looked forward to working with the neighboring cities next
year. They had a debriefing of the event and they plan on improving it, but
one thing they will change for next year is that it will be a one -day event
instead of two days, and instead of holding the event from 9:00 a.m. to 4:00
p.m., it will extend the hours from 8:00 a.m. to 5:00 p.m. She thanked the
City Council for its continued support.
Mayor Pro Tem Jonathan said the Wildflower Festival added to the
Community, because it was all about respecting and appreciating the
environment. He said that the event had activities for children, live music,
and the ADA Path that his 85-year-old mom went on. He thanked Friends
of the Desert Mountains and Ms. Martin for being part of the community.
X. MAYOR AND COUNCILMEMBER COMMENTS TO THE COMMUNITY
1. Short -Term Rental Task Force
Councilmember Kelly reported she and Councilmember Nestande served
on the Task Force and they had one excellent meeting attended by a
substantial number of stakeholders with a variety of views. Staff has
been tasked with researching alternative approaches to addressing some
of the problems that were shared there. The second meeting is
scheduled to take place on April 6. She said Public Information Officer
David Hermann is prepared to briefly share how residents could offer
input if they want to share perspectives in that process.
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Mr. Hermann said residents can provide input by going to the City's
Website, under the first sub -page under Planning. Under Planning, you
will find Vacation Rentals, Cannabis Committee, and others. However,
the best way is for him to create a news item on the home page with a
link to the Planning page. In that way, people can easily give feedback
and input. Responding to question, he said he will talk to Information
Systems Manager Clay von Helf about including it under the Quick Links.
2. Cogs. Coffee. and Canines Event
Mayor Pro Tem Jonathan reported that a couple of Councilmembers
attended the event at the Civic Center Park. The event was fun, except
Palm Desert's Canine was absent that day, perhaps he had to work. He
said it was so great that the Palm Desert Police Department regularly
engages with the community, which allows them to get to know each
other, which better serves everyone. A big thank you to the Police
Department for doing these events.
3. CVAG - Homelessness Committee
Mayor Pro Tem Jonathan reported the CVAG Homelessness Committee
voted in favor of recommending regionalization of the Community
Outreach Resource Program (CORP). He said the same
recommendation will be going to the Executive Committee where it is
expected to be approved, and then it will be proposed to all the cities in
the Coachella Valley.
4. Senior Inspiration Awards
Mayor Harnik noted that Friday, March 24 is the Senior Inspiration
Awards, which is usually attended by about 600 people to celebrate
seniors who have volunteered thousands of hours to make experiences
better at the library, hospital, and events. They are the unsung heroes
making the community better.
5. Fashion Week El Paseo
Mayor Harnik noted the City was in the middle of Fashion Week, and if
anyone was interested in attending, she was sure there were still some
tickets available.
6. Proposition 64 - The Adult Use of Marijuana Act
Mayor Harnik reported she and Councilmember Weber are continuing to
work on the ad hoc committee along with staff. The next meeting is
scheduled for April 7.
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7. Future of Cities Conference
Mayor Harnik said she attended this conference where a lot of emphasis
was made about how technology is impacting communities, adding they
are looking for a way to bring this information to the Valley, because it
affects every member of the community.
XI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of March 9, 2017.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 2/24/2017 and 2/28/2017.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 2/24/2017, 3/3/2017, and 3/10/2017 (Joint Consideration
with the Palm Desert Housing Authority).
Rec: Approve as presented.
D. CLAIM AGAINST THE CITY (#786) by Nancy M. Torsney in an Unspecified
Amount.
Rec: By Minute Motion, reject the Claim and direct City Clerk to so notify
the Claimant.
E. CLAIM AGAINST THE CITY (#787) by Kenneth Doran in an Unspecified
Amount.
Rec: By Minute Motion, reject the Claim and direct that the Claimant be so
notified.
F CLAIM AGAINST THE CITY (#789) by Matthew Stenzel, a Minor, Through
His Guardian, Dana Stenzel, in an Amount Over $25,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
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G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE (Qtv. 2) by
Whiskey One Eleven LLC, 73101 Highway 111, Palm Desert.
Rec: Receive and file.
H. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Marketing Committee Meeting of December 6, 2016.
2. Parks & Recreation Commission Meeting of January 12, 2017.
Rec: Receive and file.
I. RESOLUTION NO. 2017 - 23 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Paper Records that Have Been Digitally Imaged from the
Office of the City Clerk, to Rely On the Electronic Record as the Official
Record - Records from 1998 through 2013 (Exhibit "A").
Rec: Waive further reading and adopt.
J. RESOLUTION NO. 2017 - 24 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Records from the Office of the City Clerk, as Indicated on the
Records Retention Schedule (Adopted May 14, 2015) - Records Dated
2006 - 2014 (Exhibit "A").
Rec: Waive further reading and adopt.
K. REQUEST FOR APPROVAL of a Modification to the 2016 Emergency
Management Program Grant (EMPG) to Purchase Computer Equipment for
the City's Emergency Operations Center (EOC) in an Amount Not to Exceed
$18,000.
Rec: By Minute Motion: 1) Approve a grant -spending modification, as
identified within the accompanying staff report, for the
2016 Emergency Management Program Grant; 2) authorize purchase
of various computer equipment, as identified within the accompanying
staff report, for the City of Palm Desert Emergency Operations Center
in the amount of $18,000.
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L. REQUEST FOR APPROVAL of Palm Desert's 2017 Spring Concert Series.
Rec: By Minute Motion, approve/authorize: 1) 2017 Spring Concert Series
schedule; 2) Contract No. C35970A with Bart Davis in the amount of
$2,500; 3) Contract No. C35970B with Amanda Castro in the amount
of $1,550; 4) Contract No. C35970C with Rose's Pawn Shop, LLC, in
the amount of $4,000; 5) Contract No. C35970D with Arise Roots in
the amount of $4,000; 6) Mayor to execute said contracts;
7) expenditure with Studio Instrument Rentals (SIR), Palm Springs,
California, in the amount of $8,800 for Professional Sound and
Lighting Services and Equipment in conjunction with the concerts
(Contract No. C35360); 8) miscellaneous expenditures in an amount
not to exceed $12,000 for production of the 2017 Spring Concert
Series — funds are available in Account No. 1104416-4306101.
M. REQUEST FOR AUTHORIZATION to Release Performance Security
Agreement for Demolition Project at 73330 El Paseo (ITX Construction
Consultants, Inc., Applicant).
Rec: By Minute Motion, authorize release of the Performance Security
Agreement for ITX Construction Consultants, Inc., for the subject
project.
Upon motion by Weber, second by Nestande, and 5-0 vote of the City Council
(AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None), the Consent
Calendar was approved as presented.
XII. CONSENT ITEMS HELD OVER
None
XIII. RESOLUTIONS
A. RESOLUTION NO. 2017 - 25 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DELEGATING TORT
LIABILITY CLAIMS HANDLING RESPONSIBILITIES TO THE CALIFORNIA
JOINT POWERS INSURANCE AUTHORITY (CJPIA), AS AUTHORIZED BY
GOVERNMENT CODE SECTIONS 910, ET SEQ.
Mr. Aryan stated the City belongs to the California Joint Powers Insurance
Authority (CJPIA), which is a municipal health insurance pool established 40
years ago, and as a member, the City participates in the Authority's Liability
Protection Program. While the City may have no legal authority to overturn
decisions made by CJPIA on the City's behalf, staff is still actively engaged
in the claims process. However, an alternative to the City's current process
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for claims through the City Clerk's Office, is to place the assignment of
claims handling to the CJPIA. Doing so, requires City Council approval via
the proposed Resolution pursuant to the government code. The change
eliminates the requirement to take recommendations for claim rejection to
the City Council, which in itself results in improved efficiency in the City
Clerks Office by staff not acting as its intermediary. He noted the City will
continue to maintain the same level of claims communication with the
Insurance Authority, including staffs communication in the overall claims
process. Staff recommended approval and offered to answer questions.
Councilmember Kelly stated that while all claims are included in the Consent
Calendar, she does look at them and sometimes they peak her interest,
which lead to questions about what has been learned. She inquired about
staffs level of participation under the proposed system.
Mr. Aryan responded that the City Clerk, City Attorney, and himself work
closely with the JPIA third party Claims Administrator Carl Warren &
Company throughout the process. Although the City may not be able to
reject their recommendations, staff still provides input.
Ms. Klassen explained that with their investigator, the City provides
documents, build plans, contracts, etc., for their investigative reports that are
not public record, and so they are not included. These reports are done in
anticipation of eventual litigation by the claimant, which is why they are
maintained confidentially, but there is a lot of back and forth communication
between the investigator, her office, the Risk Manager, and the City Attorney.
It is a continual process before a recommendation for rejection and/or
settlement is formulated.
Ms. Aylaian added she looks at all the claims, and the City Clerk distributes
them to department heads or any particular staff that may have intimate
knowledge of the incident to ensure an event is deliberated, so that it doesn't
just deny a claim without carefully making sure the City didn't bear any
liability for it.
Mr. Hargreaves stated that if Councilmembers were particularly interested in
that process, staff can make sure they receive copies of the claims at any
level they deem appropriate.
Councilmember Kelly said she appreciated the answers and they satisfied
her interest.
Councilmember Weber moved to waive further reading and adopt Resolution
No. 2017 - 25. Motion was seconded by Nestande, and carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
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B. RESOLUTION NO. 2017 - 26 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL
SUBDIVISION MAP OF TRACT NO. 37023 (Bighorn Golf Club, Applicant).
Mr. Chen stated the map is for the Bighorn Development entrance, which is
comprised of a new club house and condo units. The Applicant has satisfied
all the requirements; therefore, the tract map is before the City Council for its
approval.
Mayor Pro Tem Jonathan moved to waive further reading and adopt Resolution
No. 2017 - 26. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan,
Kelly, Nestande, Weber, and Harnik; NOES: None).
C. RESOLUTION NO. 2017 - 27 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH
SUPPORT FOR THE RIVERSIDE COUNTY'S BROADBAND FIBER TO
THE PREMISES MASTER PLAN.
Mr. Stendell stated technology is a hot topic these days and the proposed
Resolution is introducing the City to a project that the County is taking on
called RIVCOconnect. Essentially, the big picture is to get all 28 cities in the
County and tribal jurisdictions together in an effort to offer broadband, or do
what it can as government agencies for the entire County. As noted in the
staff report, there is a lot to be discussed and approval of the proposed
Resolution does not bind the City to any expense. Any future programs
would be developed at staff level, and if necessary, reviewed by the City
Council at a later date. The proposed Resolution just expresses support of
the County's effort and joins them at the table.
Mayor Harnik noted that when the City adopted the General Plan in
December, one of the goals was that whenever feasible, the City would put
down the appropriate infrastructure for high-speed fiber. She read the staff
report, but nowhere did it mention gigabytes.
Information Systems Manager Clay von Helf responded that the presentation
he saw was aiming for 1 gigabit to the home for most of the populated areas
in Riverside County, which is what their Request for Proposals will state.
Mayor Harnik said that 1 gigabit was nice for homes, but not necessarily for
businesses, adding that 1 gigabyte was state of the art in 2005.
Mr. von Helf agreed, stating it was part of their base line aimed to encourage
those in under -served areas.
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Councilmember Kelly moved to waive further reading and adopt Resolution
No. 2017 - 27. Motion was seconded by Weber and carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
XIV. ORDINANCES
A. For Introduction:
1. ORDINANCE NO. 1319 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE -
PERSONNEL SYSTEM, BY AMENDING SECTIONS 2.52.305 -
EMPLOYMENT TYPES AND 2.52.700 - HOLIDAYS.
Ms. Carney stated this was a request to amend the City's policy for the
provision of benefits for part-time employees. It would be those
employees regularly scheduled to work more than 20 hours per week.
When the City developed the part-time employee positions in 2012, it was
anticipated that they would typically work 20 hours per week and benefits
were codified in the Ordinance at 50% of a full-time employee. In
practice, the position has been utilized 25 hours per week, and there is
some consideration of utilizing it for 30 hours per week if the need arises.
She said this was the lowest paid position at City Hall and staff believes
that it is reasonable to pay for benefits proportionate to the scheduled
hours of the employee.
Councilmember Kelly called attention to the precise wording in the Palm
Desert Municipal Code Section 2.52.305 of paragraph B, where she felt
two separate sentences should be brought into conformity, stating "twenty
or more." Ms. Carney agreed to amend the language in the first sentence
as requested.
Mayor Pro Tem Jonathan stated that the staff report indicates there
would be a cost increase of $1,500 annually for insurance premiums, but
he felt there were other potential benefits that may accrue to the
employee.
Ms. Carney agreed, but the cost for holidays is nominal, perhaps one
hour multiplied by 10 or 11 per year.
Councilmember Kelly moved to waive further reading and pass Ordinance No. 1319
to second reading as amended with a change to the Palm Desert Municipal Code, Section
2.52.305, paragraph B to read, Regular Part -Time Employment. Employees who are
regularly scheduled to work "twenty or more" hours per week and who successfully
complete the probationary period. Motion was seconded by Jonathan and carried by a 5-0
vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
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B. For Adoption:
None
XV. NEW BUSINESS
A. REQUEST TO AFFIRM THE RECOMMENDATION OF THE ART IN PUBLIC
PLACES (AIPP) COMMISSION TO DENY THE APPLICATION FOR
REIMBURSEMENT OF ART IN PUBLIC PLACES FEE IN THE AMOUNT OF
$17,500 FOR TH-225 CUPIDS ON DOME BY JACOB DAGAN FOR THE
VENUS DE FIDO BUILDING LOCATED AT 73600 ALESSANDRO DRIVE,
PALM DESERT (Lindi Biggi, Venus de Fido, Applicant).
Mayor Harnik stated she would be recusing herself from this item because
her daughter works for the Applicant.
Management Analyst Deborah S. Glickman stated she was the staff liaison
for the Art In Public Places Commission (AIPP). She said the Art In Public
Places Program was established in 1976 with a development fee that
supports it, which was put in place 31 years ago with Ordinance 473. The
goal of the Ordinance was to recognize that development brings with it
organization and an increase need for cultural and artistic outlets to improve
the community's environment image and character. The way the program
works is that when construction is undertaken in Palm Desert, the Ordinance
requires that a developer place approved artwork on a publicly accessible
place on their property or donate artwork to the City, which the City then
owns and maintains, or pay an in lieu fee to the AIPP Fund. The in lieu
option was created as a secondary mechanism for development and was put
in place as a convenience for developers who don't desire artwork at their
location. The amount paid into the AIPP Fund is based on construction
valuation and is assessed as follows: One quarter of one percent (1/4 %) for
residential projects more than $100,000; one half of one percent ('/z %) for
commercial projects, which the current project would fall under; and one
percent (1 %) for non -infrastructure City projects. The amount deposited into
the fund is eligible for reimbursement to the developer if an approved artwork
is installed as proposed on the site whether or not the developer donates the
artwork to the City. If an artwork is not installed or donated, then the AIPP
deposit remains in the fund to be expended in citywide artwork installations,
examples of which include the El Paseo Exhibition Program, traffic signal
cabinets, and artwork in the Baja Park, which is along Fred Waring. In order
for a developer to have a successful Public Art Application, it is required that
the proposed artwork be reviewed by the AIPP Commission and the City
Council prior to the artwork being installed. It must be created by a
professional artist as evidenced through a resume or examples of past work
and be part of an edition of twenty or less. If approved, the developers'
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acquisition and installation are reimbursed up to the amount paid into the
fund. All public art projects go through this process, which allows the
consistency of the application of AIPP policies to create a fair situation for all
past, present, and future applicants. Since its inception, the City's public art
program has been emulated throughout the Coachella Valley and has
become the fabric of the community. Recently, there has been some bigger
discussion surrounding development fees, particularly for distressed
properties, and tonight staff is focusing on the item at hand. The project
came to staff in June/July of 2014 when Planning staff met in a series of
meetings with the Applicant to discuss project -related fees, including the
process of the AIPP Fees. These meetings culminated with a letter to the
Applicant from the former City Manager detailing the requirements needed
to be followed in order for a public artwork to be eligible for reimbursement.
In May 2016, Public Art staff also met with a representative for the Applicant
to discuss the process of return of fees and how to move forward with the
request after the artist had already installed the artwork without prior
approval from the City Council. At its January 2017 meeting, the AIPP
Commission added the item to the agenda, reviewed the Application for
reimbursement, and determined that in addition too not receiving prior
approval for the installation of the artwork, the application was incomplete.
Therefore, the Commission unanimously voted to continue the item to the
next meeting, to allow the Applicant time to provide the missing information,
which included documentation that the creator of the sculpture is an
established artist as evidenced by a resume or past work. The Commission
also needed clarification on whether or not the artwork is or intended to be
part of an edition of 50 pieces as indicated in the application, when the policy
requires an edition of twenty or less. The continuance would also allow
Commissioners time to go view the artwork before voting on it again,
because at the January they had not seen the artwork, since the item was
added at that meeting prior to them having knowledge that it would be before
them for consideration. At its February 8, 2017, meeting, the AIPP
Commission reviewed the additional materials submitted by the Applicant
and recommended that the City Council deny the request for the
reimbursement of the AIPP Fee for the following reasons: The Applicant had
neither a full resume nor biography on the artist as is required for by
Section 4.10.070 of the Palm Desert Municipal Code. A letter from the artist
with minimal information and description of the fabrication had been
provided, but not with the artist credentials. The Application named Jacob
Dagan as the artist for the project, but images submitted with the application
of the plaque that accompanies the artwork show that Chaiwatt Tohng is
named as the artist on the plaque itself. Staff believes that Chaiwatt Tohng
was the fabricator for the sculpture not the artist. There are still some
questions as to how many sculptures there are or will be included in the
edition. A letter from Jacob Dagan states that the production of the sculpture
is limited to fifty (50), but did not state that it would definitely be capped at
50. The application also indicated that the art piece at the site was either
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number 14 or 18 in the edition; therefore, there is a minimum of 18 within the
edition now. In the motion for denial of the reimbursement, one of the
Commissioner stated that their decision was based on the Applicant not
following the standard procedures set forth by the City for the return of public
art fees. Commissioners expressed that their decision was based on a
concern for appropriate implementation of the City's policy and the need to
create a fair environment for all developers going through this process. It is
important to note that the denial would not result in any way with the
Applicant having to remove the sculpture from the site, stating the City invites
sculpture to be all over the City. Staff recommended approval of the AIPP
Commission's recommendation.
Councilmember Nestande thanked Mr. and Mrs. Biggi for all they've done for
the City and beautifying what was once an awful health spa center that had
run a mock with homelessness and defecation. She couldn't thank them
enough for investing millions into the City. Having said that, in listening to
staff about all the rules and regulations, perhaps Council can direct staff to
revisit them in helping to streamline the process as it wants to create more
incentives for more people like the Biggi's to invest in Palm Desert, especially
with the Envision San Pablo Program. She said the City was already making
exceptions, like for example with Transient Occupancy Tax (T.O.T.), the City
is making exceptions there. She suggested considering making an exception
for the Applicant. In fact, on page 4 of the booklet provided by the Applicant,
there is a statement by Ms. Biggi as follows: "1 chose to buy art to place on
my property, please note, I already paid $17, 500 to the City for public art, so
when I made the decision to buy art to place on my property, I had to come
up with the money for a second time. I did this because / believed I would
get a refund from the City." Therefore, she would like to error on the side of
taking the Applicant at her word and having the City consider returning the
money. She thanked staff for all it's time and effort, stating the Commission
is needed and it's very important to have for the beautification of the City.
She asked staff to share any thoughts on what she had to say.
Ms. Glickman reiterated that the Commission makes recommendations to
the City Council who then makes all the final decisions. Therefore, this was
the proper time to be having that conversation. The Commission is made up
of art professionals, including the chief curator from the museum, stating
they had very thoughtful discussions, and they know that the next step is for
the City Council to take a look at it and make their decision accordingly.
Mayor Pro Tem Jonathan said he understood there was a series of meetings
with the Applicant where the procedures, rules, regulations, and filings were
discussed, the former City Manager sent a letter to the Applicant, the
Commission expressed the need for additional information, etc., and at the
end of that process, the AIPP Commission denied the reimbursement
request. He added that this was not about the sculpture itself, in terms of its
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value as an art piece, but more about paying the AIPP Fees and going
through its process where certain conditions need to be met in order to get
refunded. The Commission reviewed on whether or not the Applicant
complied with the requirements and made a determination that the Applicant
did not. He wanted to make sure he understood that the denial was based
on failure to comply with the requirements versus an evaluation of the quality
of the art piece itself.
Ms. Glickman agreed, stating the main discussion within both meetings was
on noncompliance with the policies and the decision was based on that
factor.
MS. LINDI BIGGI, Applicant, said she felt wounded and she really wanted to
tell her story. She thanked all the people in the audience that came to show
their support. She shared that in the past five years, she and her husband
purchased several parcels of properties north of Highway 111 and east of
San Pablo, stating that at the time many of them were unoccupied and in
disrepair. The neighborhood was overwhelmed with persons dealing with
drugs, alcohol, and homeless issues. She noted that her remarks this
evening would not be directed at any individual or group of individuals, but
she thinks that so much of what has happened is wrong and she just had to
share it. She said her purpose today was twofold, the first was to request the
return of the $17,500 deposit she paid to the City to assure her compliance
with the AIPP, and secondly, to request an overall review of City
development rules, procedures, and ordinances with a view toward
abolishing absorbent and overreaching fees and demands upon developers
or those that want to improve commercial properties. She said this City's
commercial properties constitute its lifeline, a singular major attraction to the
outside world. She acknowledged Palm Desert is a great location and has
great climate, but visitors and future residents will pass Palm Desert by if
commercial establishments are run down, dingy, and if tourist experience
dangerous situations. She sent a letter to the City Council in October 2016,
expressing her shock that in exchange for a building permit to remodel a
17,073 square -foot dilapidated old athletic club, including an additional
25,000 square -feet, that she would be getting 29 different fees totaling
$144,000. She said none of those fees had anything to do with her building
project or add value to her building. She read in the paper that this AIPP
Ordinance started in 1976, stating it was a three -page document then set to
solicit art or financing of art projects for inclusion to future public facilities, but
it had nothing to do with assessing money. In 2011, it was revised to a
13—page document which is where all this other stuff came in. She said
Palm Desert was the first City in Riverside County to create a public art
program, and now it's been copied by many, but from what she understood,
there are still only 200 of them in the whole United States. In 2011 the City
established an AIPP Commission that serves as a technical advisory
committee to the City Council, noting that it makes the initial selection and
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recommendations of artist and artwork for public and private property. She
said the poor property owner doesn't have anything to say about it other than
pay for it, questioning how that was American. She said the law stated you
either paid for the art or you couldn't build in Palm Desert. The ordinance
known as AIPP applies to public and private development, and as mentioned
earlier by staff, the fee is assessed on commercial projects. The impact of
this ordinance is that builders either have to install public art work in their
private project or pay the City an in lieu fee for public art work on public
property. In other words, the City's true goal isn't art, it's money. In either
case, the builder must pay the AIPP Fee in order to obtain a building permit.
She said the AIPP Commission together with the City Council have the sole
discretion in determining what art complies with the Ordinance. The
Ordinance states that no permanent or temporary Certificate of Occupancy
shall be issued for any structure unless the AIPP requirement has been
satisfied. She pointed out that she had a Certificate of Occupancy in July
2016, which led her to believe she was done with whatever she was
supposed to do. She noted that the law states that upon assessment of the
public art fee, the developer may elect to pay the fee for the art with no
intention of placing artwork on site or donating to the City. She has learned
that this route is what most developers are taking, they simply pay the fee
and chalk it up to the cost of doing business in Palm Desert. The cost is
then passed on to the consumer, because whoever rents or buys that
property, that expense is then transferred to the new owner, stating the City
was double dipping, because these people are already paying through their
taxes. She said that when she chose to buy art to place on her property, she
had already paid $17,500 to the City, so when she made the decision to buy
the art, she had to come up with the money for the second time, adding that
she did this because she truly believed she would get refunded. She went on
to say that the suggested guidelines by staff were followed, however, there
are a lot of different guidelines, but they say different things. She shared that
she had hired staff to oversee the process and assumed they did so. She
wouldn't tell the City that she knew they did everything right, because she
didn't know for in fact that they did, stating she doesn't lie. The Applicant
called attention to the booklet presented to each Councilmember prior to the
meeting and referred to specific Exhibit contents, as follows:
Exhibit 4 - MS. BIGGI said the four -page Developer Application dated
August 30, 2016, was filled out by her staff. Also included
is a Public Art Agreement dated September 1, 2016, which
is signed by her, along with a Proof of a Review Form
signed by a representative from the Building & Safety
Department on September 7, 2016.
Exhibit 1 - This exhibit is a photograph of the plaque that the Applicant
claimed was one of the things the City said they needed.
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Exhibit 2 - MS. BIGGI claimed this exhibit was a legal document
deeding over the art piece to the City, adding that all the
privileges of ownership to the art piece are removed from
her. She said all she did was pay for the whole thing, which
she thought was so un-American, which she believed the
City was confiscating her property and taking it away from
her and leaving her with all the bills. She added that the
document was notarized and recorded as demanded.
Councilmember Weber reminded the Applicant that Council
had just received the booklet this evening, so if she could
bear with the Council who was trying to follow her. She
said that in reading the document (Exhibit 2), a certain
paragraph states that the artwork shall remain the
ownership of Owner/Developer, she's not seeing where it
states that it's deeded over to the City, so perhaps she's
missing the line that the Applicant quoted.
MS. BIGGI responded she didn't check every booklet, but
believes there is a four -page agreement where it states the
artwork is deeded over to the City, but that the owner had
to maintain and pay for the upkeep. She believed this
issue will come up again, but offered to give
Councilmember Weber her booklet with the exhibits where
that statement is noted.
Councilmember Weber asked the Applicant to clarify her
statement that the consumer is being taxed.
MS. BIGGI explained that everyone paid school taxes to do
all these things and yet the City builds in these fees for the
developer to pay, who then passes them onto the big bad
tax payer.
Councilmember Weber replied that it was Riverside County
and it had nothing to do with the City of Palm Desert.
MS. BIGGI remarked she didn't know where it came from,
but it's bad and wrong.
Exhibit 3 - This exhibit showed all the building and safety fees she had
to pay the City in the amount of $44,567.39, and $17,500
of it was for the art piece. She asked the Council to look at
all the other fees, Child Care Facilities Fees, Construction
Tax, Green Building Fees, Job Valuation Fee, Low -Income
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Housing, stating she already paid taxes for it and so did
everybody else, stating these fees were sneaky.
Exhibit 4 - MS. BIGGI called attention to the AIPP Commission
Minutes of September 14, 2016, and on the second page
of that it lists several options available to the private
developer to meet the City's art requirement. Of those
options, she picked the one that states, Purchase artwork
for permanent installation. Now this option doesn't include
any of the other stuff where she has to get everybody's
permission first. It just states to buy the darn thing, which
is what she did. Further below, it states "Upon completion
and installation of the work on site, a Certificate of
Occupancy will be issued and the art fee will be returned to
the Developer." She had her Certificate of Occupancy, so
what happened to her refund. She went on to say that she
purchased a beautiful fountain sculpture that was the
perfect addition for her building project, stating she has just
as good of taste as anybody else. According to the
guidelines, artwork may be singular, discrete objects, etc.,
stating she did everything possible to meet the guidelines
and her artwork works. She reiterated that the Certificate
of Occupancy was issued and she was allowed to move
into her building. The law states that no permit or
temporary Certificate of Occupancy shall be issued for any
structure in the City unless the AIPP requirements have
been satisfied; in her mind, the requirements were totally
satisfied. After three hard years of construction and the
building appeared to be completed, she realized the City
still held $17,500 of her money that was informed would be
given back to her in 2014 when she asked for
reimbursement, but then she was told her application would
be considered at a January 11 meeting. She was not
aware that she would be subjected to questioning nor was
she prepared to answer questions, stating she actually
thought everyone would be congratulating her on a job well
done.
Exhibit 6 - MS. BIGGI stated everything that was asked of her to bring
to the January 11 meeting is listed under this exhibit. Again
she attended the meeting expecting to be congratulated for
a job well done; however, little did she know that she would
be grilled for information, which she wasn't prepared to
provide accurately, and she wasn't going to lie. She said
she felt punished for forgetting or not ever knowing rules
she was expected to know. She explained to the
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Commission that she didn't purposely fail to follow all the
guidelines, stating that even in hindsight, had she known
the rules, following them would have been totally
impossible for her to do. The burden of all the various
fees, permits, and construction project are farmable. The
AIPP Fee is just one quagmire of unforeseen and
confusing building requirements and ordinances. Again if
you look at the AIPP Commission minutes, the Commission
took a vote and forgave her for forgetting to get the
preapproval.
Exhibit 7 - MS. BIGGI said she attached the guidelines that were
revised in July 2011, noting there are 20 different ways of
getting this done, which is crazy. First you have to pay the
money, which she did, then Item No. 4, as part of the
ordinance requirement, states the Art Commission selects
the work of art, followed by Item No. 7, which is that after
the Commission selects the art, it's then taken to the City
Council. She said the Commission meets once a month
and the City Council meets twice a month, and in her case,
her piece of art would have been sold because it would
have taken her six weeks to get back. It's not until Item No.
8 where she would obtain permission to go buy the art,
asking the Council if that made any sense.
Exhibit 9 - MS. BIGGI explained that she didn't make it to the
February meeting, stating this whole thing has made her
totally ill. However, she had all the required information
hand -delivered. In the draft minutes of the February 8
meeting, an entire page is devoted to finding reasons to
keep her $17,500. The fact that all three of their
requirements at the January meeting had been met was
totally ignored. The edition number and information on the
art was supplied, which is included in the exhibits. She
said that unless one is involved or engaged in a serious
remodel or new development, one couldn't possibly
understand all the trials and tribulations that come with a
construction project. She said builders and developers will
become an endangered species if City's continue
burdening them with rules, regulations, absorbent fees that
have nothing to do with the project being build. Because
builders must pass on these unnecessary costs to the end
product, ordinary citizens will not be able to pay the price to
purchase or to rent. People that need and want to make
improvements to their property won't want to go through
what she is going through. Prior to being treated so badly,
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Exhibit 10 -
she and her husband loved this City, stating they have
used theft resources to make this a better place in a
number of ways. She truly felt they would get support and
encouragement when they invested in the property north of
Highway 111 that was known as the ghetto of Palm Desert,
and they never asked for one dime of taxpayers' money.
They remodeled an empty office building that is now full,
and they took a burned down music store on San Pablo
that Liberty Mutual refused to honor the fire policy, and with
their own money they rebuilt it. She said that building is
now brand new and is used by a charity from whom they
don't ask for rent, adding that greed is not their motivation.
MS. BIGGI pointed out that she purchased another
property on San Pablo, and they had big dreams of building
a two -acre paradise for citizens and tourist to enjoy, but
after receiving a list of non -valued added fees totaling half
a million dollars, which is shown in Exhibit 10. She asked
the City Council to look at the list an ask themselves what
fool would pay any of it and how in the world could they
make the project work.
MS. BIGGI went on to say she wondered how many residents are being
cheated out of exciting, beautiful, and local amenities, because dreamers
had to take their dreams elsewhere. She is not asking for special
consideration, but is sharing her experience with the City Council so it can
understand that her intentions were to give to the community. She said this
Council had no idea how many phone calls and messages she has received
from others that are as wounded as she is. The Venus de Fido project took
three long hard years to complete, and it was a perfectly beautiful project
conceived out of passion.
MR. THOMAS BOMAR, Juniper Street, Palm Desert, expressed his support
for the Applicant. He said the Art Commission is charged with making
decisions based upon procedures, and the denial of the Applicant's request
was because she didn't follow them. However, the Commission forgave her
for not obtaining prior approval, but then proceeded to deny the request,
because she didn't get a CV (Curriculum Vitae) of the art. This is a foreign
artist, so this assumes that getting a CV meant the artist had one in the first
place. He believed the Applicant had done her best to comply with the
requirements, but they can be overridden by the judgement of the
Commission. However, they decided to forego its judgement by not even
going to go look at the art to make an informed decision about whether they
should make an exception. To him it was a denial of due process.
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MS. CJ WESTRICK BOMAR, Juniper Street, Palm Desert, stated she was
representing the Applicant. She read a quotation that was in the staff report
that states, "Arts and culture give a community its soul. Palm Desert is the
cultural core of the Coachella Valley. Cultural tourism drives economic
growth in Palm Desert...." She said if anyone visits Venus de Fido, they
will find that it's an artistic cultural place in Palm Desert; it's absolutely
beautiful. The site has a dog park, which is also a venue for charities and all
kinds of events, including weddings. If one walked into Venus de Fido, you
will see murals, which are breathtaking, stating she couldn't say enough of
how beautiful the place is. She believes that the Applicant has lived up to
the spirit of the law of the Al PP requirements. With respect to the artist, the
bronze fountain is truly an original piece, it's not an edition. She researched
and contacted the artist and learned that the fountain was built according to
the last wax method of casting bronze. Bronze and other cast metal
sculptures are the result of a collaboration between the artist and the
foundry. Unlike paintings and handmade artwork that are appreciated as a
one of a kind original, most sculptures are produced in limited editions of
varying sizes. The practice was born of the need to spread the
manufacturing cost over a number of castings. Whatever the edition size,
all castings made from first generation moles are considered originals.
Reproductions are copies that come out of moles that have been formed, not
from the artist's original mole, but from a previous casting piece. The bottom
line is that she contacted the artist, however, there really were two artists,
Jacob Dagan and Chaiwatt Tohng. The artist told her it was an original piece
that was made from the original mole. In the art world, as she understood
it, it's an original piece not an edition. Another thing, there is a case in
Oakland, California, which is against the same kind of statue that Palm
Desert has, stating it was a violation of the first and fifth amendment rights,
adding that the case will go to court at the end of April. She said when the
City's statue was first established it was not about private development, but
it has been extended to private development, including private residencies.
She suggested following the case, because she believed it was a violation
of their rights.
MR. JANET MCCAFFEE, Alessandro, Palm Desert, thanked the City Council
for allowing her to be heard this evening, stating she was in favor of
refunding the Applicant the fees associated with her art piece. She said it's
extremely common for business owners, developers, and entrepreneurs
everywhere to complain about the many regulations in the State of California
and cities strangling their operations that many are leaving California and
taking opportunities and jobs with them. Many heard during the recent
election that the goal was to refurbish and revitalize what was once called the
San Pablo ghetto area, which was dilapidated with buildings in disrepair.
She said the Applicant has done an incredible job of reviving that district, and
the Venus de Fido and its art piece was just one part of that effort. She said
the AIPP Commission chooses to limit a piece of art to 18 editions, and she's
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guessing the intent of that specification is that the City wants art that's
beautiful and unique. But for all who have seen the statue, it's a remarkable
Italian bronze statue, stating she hasn't seen anything quite like it anywhere
in California. She believed the statue met the spirit of uniqueness, and as
pointed out by the previous speakers, it may qualify for being completely
unique based on the way it was constructed through the bronze
manufacture. She thanked the City Council for its time and consideration
this evening.
MS. SPRING WILDE said she was a friend of the Applicant, and as she
understood all of this, the statue was installed and the City kept the
Applicant's $17,500. She said the City couldn't have it both ways, so the City
needs to give the money back to the Applicant, and shame on everyone at
the City.
MR. MICHAEL HARRINGTON stated he had an office in Palm Desert. He
thanked Councilmember Nestande who made an excellent point and made
a motion, stating that after being a lawyer for 25 years he could hear a
question when it's made. He shared that he first met the Applicant out in the
desert when she was looking to help stray animals in Coachella, Mecca, and
Thermal. The Applicant showed him the facility she was building at the time
in Palm Desert, and talked about how she provides free rent to non -profits
and those people can then help the community. As a multiplier effect of her
good deeds and how much time she devotes to humanity and various
causes, as a business person everyone can see how brilliant she is, stating
she would probably make a better lawyer than him because she gave an
excellent presentation. He said that by imposing these excessive and
ridiculous taxes and restriction, no wonder that area was so blighted, adding
that the City created it. He agreed with the Applicant that the City should
repeal this ridiculous over taxation law and allow good people and good
businesses to come into the community to create jobs and opportunity to
help better the community.
Councilmember Nestande said she stood by her previous comments.
Councilmember Weber requested clarification on the Certificate of
Occupancy that was issued in July.
Ms. Glickman explained that the Certificate of Occupancy cannot be issued
unless the requirement is satisfied, and paying into the AIPP Fund satisfied
that requirement. The placement of artwork is not the requirement, but
paying into the fund is a requirement. Therefore, the requirement for the
Certificate of Occupancy was met and was accurately issued.
Councilmember Weber pointed out that she served as the City Council's
liaison to the AIPP Commission, and she would like to make it very clear that
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no one has said they did not like the art, quite the contrary, everybody likes
the art and it's perfect for the location. The only reason this item is before
the City Council is because of a few things have not been complied with.
Ms. Glickman concurred. She also wanted to make a correction that
between the January and February meetings, every member of the
Commission went to look at the artwork. The Commission did not have an
opportunity at the January meeting, because that's when staff brought the
item to the Commision, although she thought one Commissioner had already
seen it. Her point is that all Commissioners had seen the art prior to making
the final vote in February. Responding to question about the art, she said it
was always clear that the sculpture came through the last wax process,
which is very traditional and dates back to Egyptian times. In fact, there are
several pieces throughout the City that came through that same process.
She said the Commission reviewed this specific topic eight years ago, and
knowing that most museums look for editions of 4 to 5 for their collections,
the Commission determined they would limited the City's to 20 editions,
which is high by art standards. She explained that as molds are used, the
piece continues to degrade with each casting, and the subject art piece is
within the first 20 castings, adding that the piece changes slightly with every
casting and the mold only holds up for a certain amount of time.
Councilmember Weber stated that based on what she heard and how the
Commission would be reviewing this, she asked staff if she was hearing any
new information that might persuade the Commission to revisit this.
Ms. Glickman responded she was not hearing any new information nor had
she or the Commission received additional information since the February
meeting. She pointed out that she didn't know what was in the notebooks
provided to the City Council this evening, so Council may have new
information that neither she or the Commission has seen
Councilmember Weber reiterated this meeting was not about the art piece
and it has never been removed from the site.
Ms. Glickman agreed, stating the Public Art Agreement does not ask for the
art work to be deeded to the City, but it does get filed with the County so that
when the building is sold, the building owner knows that the artwork is part
of the building. Once the fee is refunded to the owner/developer, the art
piece is owned completely by the owner, and it is part of their asset/building.
The purpose of the document is so that when the next owner buys the
building, they are not taken by surprise if they want to remove or alter the
artwork.
Councilmember Kelly stated the courts have developed equitable remedies
to deal with circumstances where a strict application of the law does not lead
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to a good result, and this struck her as a case where the Council needs to do
something comparable. The Art In Public Places Program has served the
City extremely well, and she did not find faults with the program or the way
the Commission did its work. It was quite the contrary, she commends the
Commission for applying the criteria in a way that typically ensures AIPP is
of a museum or collector quality. However, what's distinctive to her about
this case is that the Applicant exercised real leadership in the beginning by
the transformation of a troubled block, and it's clear that they did that strictly
out of passion and Council has seen it on display. If the Applicant had
proceeded the recent approach that the Ordinance calls for, the Applicant
probably would never have proceeded with the project. She said this project
demanded passion and/or was dependent upon the passion that they
brought to it. Because the leadership they have displayed has had such a
positive impact, she was inclined strictly on the grounds of equity, to grant
the reimbursement of the AIPP Fee, making clear that it's the result of very
unique facts and circumstances of this case, in that there is only one Venus
de Fido.
Mayor Pro Tem Jonathan said he always appreciates it when residents come
out to speak on an issue they feel strongly about and share their time,
feelings, and comments with the Council. This evening there was broad
discussion about many issues, but at the end of the day, the only issue the
City Council can take action on is a very simple matter. The City has rules
and regulations, and what's happened here is that there is an individual, who
according to the AIPP Commission failed to comply with three of those rules
and regulations. Specifically, according to the staff report, there is a
requirement for the resume or biography of the artist, which was not
complied with according to the Commission so that is one. Secondly, the
Application states Jacob Dagon as the artist, but the images indicate Chiwatt
Tohng, so there's confusion about whom the artist even is. The third issue
is not knowing exactly the number of editions and/or how many can
potentially be out there. The City's Ordinance is very specific and somewhat
generous because it allows up to 20 editions, and the Applicant mentioned
50 sculptures can be made from this mold, so that's an issue. It's these
three reasons why the request to reimburse the fee was denied according to
the AIPP Commission. Additionally, he's truly troubled with simply refunding
a fee when the Applicant is known not to be in compliance, which was a
precedent he didn't want to start and also a dangerous slippery slope for the
City. However, in spite of the fact that there has been numerous meetings
with staff and the Commission, in abundance of consideration for someone
who has done wonderful things for the City and hopefully will profit, because
he believed that's why most businesses are in business, the City owes the
Applicant one more opportunity to come into compliance with the
requirements. His suggestion, rather than refunding a fee, is to continue the
matter and give the Applicant time to work with staff and see if these three
concerns of the Commission can be resolved. When it comes back before
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the City Council, hopefully the concerns have been resolved where the
Council finds that the Applicant is in compliance and can refund the fee, but
not on the basis of compassion but on the basis of compliance.
Mayor Pro Tem Jonathan moved to continue to a date uncertain, allowing the
Applicant time to meet with staff to demonstrate compliance with all the requirements of
the Application for Reimbursement of Art in Public Places Fee. Motion was seconded by
Weber.
Councilmember Weber asked if there was any way to work with the Applicant
and provide better direction on what it expects from a resume, because she
heard it was difficult to get from the artist. Secondly, an explanation for why
there are two names for the artist, questioning if this was extraordinarily or
unusual, and did the City have to update its information based on what has
occurred. She believed the City has worked with the Applicant, because
everyone is grateful to have the facility in Palm Desert. Therefore, if there
is anything staff can do to assist to make it possible.
Ms. Glickman responded she was happy to work with the Applicant in any
way possible, stating her goal is to be as helpful as she can.
Councilmember Kelly said she was torn, but frankly she was concerned that
delaying this was going to cause further tension and exasperating, stating the
artist had already gone on record that there could be up to 50 pieces of art
produced. Therefore, she's not sure how the record can be improved.
Mayor Pro Tem Jonathan shared he was inclined to create at least one more
opportunity to see if those issues would be resolved. He agreed that there
is an understanding, but perhaps clarification would shed light on the
question of the editions. If it does, and if the three issues can be resolved,
then it will be an easy decision. If not, Council can then have further
discussion about whether it wants to make an exception or not. By
continuing the matter, it's not precluding the City Council for an opportunity
to refund the fee, it's simply continuing to see if it can refund the money
based on compliance first, and if necessarily move on to plan B.
Councilmember Nestande said it was her understanding that these items
were included in the booklet that the Applicant provided to the City Council,
but she didn't know exactly where to find it in the booklet. Further, she
thought the resume of the artist was also included along with the two artist
names. And on the third requirement, they are saying it's an original, which
should suffice all the requirements.
Mayor Pro Tem Jonathan replied that it may, but this was a document that
was just given to the City Council, stating staff hadn't even had a chance to
review it. Therefore, he felt it would be prudent to take a time out.
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Additionally, he had great faith in staff because they've earned it, so he
would like them to read over what has been provided and work with the
Applicant to see if these issues can be resolved to the Applicant's and City
Council's satisfaction.
Mayor Pro Tem Jonathan called for the vote and the motion carried by a 3-1 vote
(AYES: Jonathan, Kelly, and Weber; NOES: Nestande; ABSENT: Harnik).
Mayor Pro Tem Jonathan asked staff to work with the Applicant to see if
those issues can be resolved and return to the City Council as soon as
possible.
With City Council concurrence, Mayor Pro Tem Jonathan called for a recess
of the meeting at 5:56 p.m . The meeting was reconvened at 6:03 p.m.
B. REQUEST FOR APPROVAL OF MILLS ACT CONTRACTS FOR NOTED
PROPERTIES IN SANDPIPER CONDOMINIUMS CIRCLES 11 & 12,
PALM DESERT.
Mr. Grance stated this was consideration for fifteen (15) Mills Act contracts
for the various units located in Circles 11 and 12 of the Sandpiper
Condominiums. The Mills Act allows the City to enter into a contract also
known as the Mills Act Contract with an owner occupied or income producing
properties for the purpose of protecting and preserving properties of
historical significance. Circles 11 and 12 was designated a Historical District
by City Council action approving Resolution No. 2013-28 on May 23, 2013.
He noted the staff report and offered to answer questions.
Mayor Harnik asked if the City would encounter any problems when the City
is mandated to convert to drought tolerant landscape.
Mr. Grance replied there wouldn't be a problem, because Circles 11 and 12
have already been converted.
Councilmember Weber congratulated staff, because she knew this has been
a project for some time, and it's quite an accomplishment to slowing turn all
these units into historical areas.
Mr. Grance thanked the City Attorney's office for going through all these
contracts, because he knew it took a lot of hard work.
Councilmember Weber moved to, by Minute Motion: 1) Approve the identified Mills Act
Contracts for the Sandpiper Condominiums located in Circles 11 & 12, in accordance with
Section 29.70.030 of the Palm Desert Municipal Code: 72487 El Paseo #1101, 72497 El
Paseo #1106, 72499 El Paseo #1107, 72501 El Paseo #1108, 72475 El Paseo #1111, 72459
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El Paseo #1201, 72461 El Paseo #1202, 72467 El Paseo #1205; 72439 El Paseo #1207,
72441 El Paseo #1208, 72443 El Paseo #1209, 72445 El Paseo #1210, 72447 Willow #1211,
72455 El Paseo #1215, and 72457 El Paseo #1216; 2) authorize City Manager and City
Attorney to sign and execute the contracts. Motion was seconded by Kelly and carried by a 5-0
vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
C. REQUEST FOR DIRECTION RELATING TO VARIOUS REHABILITATION
STRATEGIES FOR THE PRESIDENT'S PLAZA PARKING AREA.
Mr. Stendell thanked the City Council for the thoughtful discussion at the
Study Session that took place prior to this meeting. This report is meant to
be a follow up for action. Staffs recommendation is that the Council direct
staff to implement Option No. 2, which is a 15- to 20-year improvement into
the Capital Improvement Budget for the upcoming Fiscal Year 2017-2018
season. He said if the City Council desires to make any additions as
discussed in the Study Session, this would be the appropriate time to do so.
At the Study Session he heard ideas like enhanced landscaping, improving
public areas, mechanisms to ensure future options for development
tantamount to ownership, etc.
Mayor Pro Tem Jonathan stated there were excellent issues being discussed
at today's Study Session, but questioned if Council would still have an
opportunity to evaluate if those issues and concerns have been resolved
before the money is spent. In other words, does approval of staffs
recommendation bind the City to spend the money even if a better option
presented itself.
Mr. Stendell said it was his understanding that step 1 was to identify a
Capital Improvement Project as a project, and once identified and put into a
budget, it becomes real. Up to this point everyone has talked about what it
wants to do at President's Plaza, but it's not been formalized or put in the
budget. As for design, staff can take numerous approaches, but identifying
the dollar amount for a Capital Improvement Project was critical to getting it
started correctly.
Ms. Aylaian added that at each step of the way of the project, staff will come
back to the City Council for approval of the architectural design services
and/or authorization to put a project out to bid for award of the bid.
Principally, staff was trying to get direction from the City Council on which of
the three approaches it preferred that being the nominal fix, the midterm
solution, which is the 15-year improvement, or the Tong -range and much
bigger project of building a parking structure. Additionally, staff was
informing the Council on how much money was going to be presented next
month when it starts looking at the budget.
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Councilmember Nestande said Mayor Harnik and Mayor Pro Tem Jonathan
had some good suggestions that could be included in Option 2, adding she
thought Council was still exploring it. Therefore, she questioned how those
suggestions would fit in if they voted on Option 2.
Ms. Aylaian replied that Mr. Stendell was proposing Option No. 2, subject to
or in addition to whatever other options Council may want to include. She
said staff can investigate methods of making the public easements
tantamount to ownership, or subject to additional landscaping spaces being
provided and/or subject to other amenities
Councilmember Kelly explained that staff was putting a placeholder in the
budget and she would favor simply adopting staffs recommendation as
stated, understanding that staff will continue to work with the ideas that were
put out on the table and return to the City Council as information is learned
about practicality, because frankly, there isn't enough time to clearly
formalize what extra conditions might be. The most that the City Council can
do this evening is simply adopt staffs recommendation as stated.
Councilmember Weber concurred.
Mayor Harnik pointed out that Option 2 included complete reconstruction of
the parking areas in approximately the same layout as it exists today. She
agreed Council will want to look at options, because it doesn't just want to
pave the area over, because there is a need for beautification in President's
Plaza. She added that Option 2 included utility modifications, landscaping,
trash/recycling, and ADA improvements; staff created an option and a line
item of the amount needed. Therefore, she believed Councils concerns
would be covered.
Mayor Pro Tem Jonathan suggested that when making the motion it should
clarify that it was accepting staffs recommendation, subject to ideas
discussed at the Study Session, including the possibility of a parking
structure. He didn't want to limit the project to just resurfacing the area,
stating he thought the placeholder was great, but he wants to give staff the
leeway to think outside the box, because he believed a vision is being
developed. Mayor Harnik said she felt that Option 2 provided that leeway.
MR. CHRIS SCHOENECK, Carlsbad, California, stated he was a property
owner on El Paseo. He thanked the City Council for taking the time to review
the current conditions of President's Plaza as possible improvements. He
urged the City Council to take action this evening and vote yes to approve
staff's recommendation to incorporate Option 2 into the Capital Improvement
Budget for Fiscal Year 2017-2018. He said this project has been delayed for
10 years and the parking lot is past its useful life. He asked the City Council
to help improve this wonderful asset.
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Councilmember Kelly moved to, by Minute Motion, direct staff to incorporate Option
No. 2, a 15- to 20-year improvement, into the Capital Improvements Projects for the
upcoming FY 2017-2018 Budget. Motion was seconded by Jonathan and carried by a 5-0
vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
D. REQUEST FOR AWARD OF CONTRACT FOR THE MAINTENANCE YARD
LIGHTING INSTALLATION (SOUTH END) PROJECT TO SIERRA PACIFIC
ELECTRICAL CONTRACTING IN THE AMOUNT OF $57,000 (CONTRACT
NO. C35760, PROJECT NO. 715-17).
Landscape Supervisor Randy Chavez stated that when the maintenance
yard was constructed, for whatever reason, lights weren't included in the
south end of the yard, and staff is requesting that they be added.
Councilmember Weber moved to, by Minute Motion: 1) Award subject contract for
the Maintenance Yard Lighting Installation (South End) to Sierra Pacific Electrical
Contracting, Jurupa Valley, California, in the amount of $57,000; 2) authorize Director of
Finance to set aside a 10% contingency for the project in the amount of $5,700;
3) authorize the Mayor to execute said contract — funding is available in Account
No. 4504330-4400100 - Building Maintenance Fund.
Councilmember Kelly asked if there were other security assets such as
cameras, alarms, or was staff dependent on the lights scaring folks off.
Mr. Chavez replied there are cameras on the building, but there are a lot of
dark corners and the cameras only capture shadows, which is why these
lights will be crucial in being able to see what's going on.
Councilmember Nestande seconded the motion and it carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
E. REQUEST FOR AWARD OF CONTRACT FOR THE 2017 CITYWIDE PALM
TREE PRUNING PROJECT TO ANDY'S LANDSCAPE & TREE SERVICE,
INC., IN THE AMOUNT OF $98,245.30 (CONTRACT NO. C35910,
PROJECT NO. 931-17) (JOINT CONSIDERATION WITH THE
PALM DESERT HOUSING AUTHORITY).
Landscape Supervisor Randy Chavez stated this contract is to perform the
annual pruning of Palm Trees, Date Palms, and Washingtonia Palms.
Councilmember/Member Nestande shared she lived a mile away from Deep
Canyon and neighbors have called her about wanting those palm trees
trimmed. Responding to question, she said the palm trees were north of
Fred Waring Drive on Deep Canyon where there is a half -mile stretch of
palm trees that are very overgrown, so she was wondering if they were
included in this contract.
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Mr. Hargreaves said he didn't believe so, but staff was working on resolving
that issue.
Ms. Aylaian explained that those palm trees are under a Landscape &
Lighting District that is significantly underfunded and staff is trying to work
through that issue with the help of the City Attorney.
Councilmember/Member Weber moved to, by Minute Motion: 1) Award subject
contract for the 2017 Citywide Palm Tree Pruning Project to Andy's Landscape & Tree
Service, Inc., Palm Desert, California, in the total amount of $98,245.30 (City - $88,157.85,
Housing Authority - $10,077.45); 2) authorize Director of Finance to set aside an additional
10% contingency in the total amount of $9,824.53 (City - $8,815.79, Housing Authority -
$1,007.74); 3) authorize Mayor/Chairman to execute the contract — funds are available for
the portion of the contract relative to the City and Assessment Districts in Parks and
Recreation Account Nos. 1104610-4332001, 1104611-4332001, and 1104610-4337100,
Repair/Maintenance Medians Account No. 1104614-4337001, Desert Willow Account
No. 4414195-4332000, and Assessment District Fund 200 Accounts; and for the Housing
Authority, funds are set aside in the FY 2016-2017 and proposed FY 2017-2018 Housing
Authority Operating Budgets. Motion was seconded by Kelly and carried by a 5-0 vote
(AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
F. REQUEST FOR AWARD OF CONTRACT FOR THE 2017 CITYWIDE TREE
PRUNING PROGRAM TO WEST COAST ARBORISTS IN THE AMOUNT
OF $284,690 (CONTRACT NO. C35920, PROJECT NO. 932-17) (JOINT
CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY).
Landscape Manager Randy Chavez said this contract is for the annual
pruning of the hardwood and broadleaf trees.
Councilmember/Member Nestande moved to, by Minute Motion: 1) Award subject
contract for the 2017 Citywide Tree Pruning Program to West Coast Arborists, Grand
Terrace, California, in the total amount of $284,690 (City - $227,654, Housing Authority -
$57,036); 2) authorize Director of Finance to set aside an additional 10% contingency in
the total amount of $28,469 (City - $22,765.40, Housing Authority - $5,703.60); 3)
authorize Mayor/Chairman to execute the contract — funds are available for the portion of
the contract relative to the City and Assessment Districts in Parks and Recreation Account
Nos. 1104610-4332001, 1104611-4332001, and 1104610-4337100, Repair/Maintenance
Medians Account No. 1104614-4337001, Desert Willow Account No. 4414195-4332000,
and Assessment District Fund 200 Accounts; and for the Housing Authority, funds are set
aside in the FY 2016-2017 and proposed FY 2017-2018 Housing Authority Operating
Budgets. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan,
Kelly, Nestande, Weber, and Harnik; NOES: None).
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2017
G. REQUEST FOR SUPPORT OF PARTICIPATION IN THE
REGIONALIZATION OF THE HOMELESS COMMUNITY OUTREACH
RESOURCE PROGRAM (CORP) AND PALM DESERT'S PARTICIPATION
IN THAT PROGRAM, AS WELL AS OTHER PROGRAMS AVAILABLE TO
HOMELESS PERSONS.
Ms. Riddle stated this request is for Palm Desert and CVAG's participation
in the Community Outreach Resource Program better known as CORP. The
Program is about assisting homeless persons that wish to reintegrate back
into society. Homeless persons wishing to participate, must agree to enter
a facility such as ABC Recovery Center or Martha's Village & Kitchen. She
said there are programs that address their specific needs, and in order to be
considered for the Program, potential participant appear before a panel and
their individual situations are reviewed. The panel then makes a decision on
whether they are eligible to participate, and if they graduate from the
program, certain fines and fee are dismissed. The Courts don't have an
issue with this, because homeless individuals usually don't have the ability
to pay or go to Court anyway, so this was a benefit to all. The Program has
been successful in that 89 of 99 participants have graduated from the
Program. Additionally, CORP will address two areas of the City's Strategic
Plan. One is under Land Use and Housing Priority 1 - Enhance Palm Desert
as a first-class destination for premier shopping and national retail
businesses. Since homeless tend to reside within the commercial areas,
participation in the program would be beneficial, because they would be in
a facility and off the streets. The other strategic goal is under Public Safety
and Emergency Services - Priority 1 - Enhance the delivery of Public Safety
Services. She said CORP provides another tool for City and police to
address homelessness, which would enhance public safety services. At the
last CVAG Homelessness Committee Meeting, a majority of city
representatives voted in favor of participation.
Mayor Pro Tem Jonathan thanked Ms. Riddle for attending all the Committee
meetings and for investing in the process, which he appreciated. He added
that the review panel is composed of members from the District Attorney's
Office, Public Defender's Office, Probation Department, and a sitting judge,
and they are empowered to forgive fees and fines, including rescinding
warrants, which is very important for a homeless person who wants to
reenter society, because now they are able to get a driver's license and a
job. One of the many reasons that the Program is so effective is that it lends
itself to two other elements in the Envision Palm Desert and Strategic Plan,
under Land Use, it also helps Palm Desert create a mix -use City core
integrating shopping, dining, lodging, and housing, because the less
homeless in the City core, the greater opportunity for it to develop and
succeed. Additionally, under Public Safety, he believed Objective No. 2 was
met, which is to create methods of preventing crime, especially through
expanded community participation, and this is a community outreach
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program. On many levels, he believes the Program will enhance the City,
and if approved, he would be proud of the City for taking a proactive
approach to helping people who want to be helped and for addressing the
concerns that have been expressed by the residents and businesses.
Mayor Pro Tem Jonathan moved to, 1) by Minute Motion, authorize City of Palm
Desert's: a) Support of Coachella Valley Association of Government's (CVAG) intent to
participate in the Regionalization of the Homeless Community Resource Program (CORP);
b) participation in CORP and other programs available to homeless persons; 2) waive
further reading and adopt: a) Resolution No. 2017-28, proclaiming support for Community
Outreach Resource Program (CORP) expansion in the Coachella Valley Region; b)
Resolution No. 2017-29, proclaiming support for CORP implementation in the City of
Palm Desert. Motion was seconded by Harnik.
Mayor Harnik commented that the Program was aligned with City of Palm
Desert values.
MS. LAURIE BALDWIN, President/CEO of the Palm Desert Chamber of
Commerce, read a letter of support, which is of record and filed in the City
Clerk's Office. The letter expressed support from city businesses for
Resolution No. 2017-28, and Resolution No. 2017-29 to expand the
Community Outreach Resource Program throughout the Coachella Valley
and to implement the Program throughout Palm Desert. The Palm Desert
Chamber of Commerce and Board of Directors believe that homelessness
in many areas of Riverside County has reached epidemic levels. The City
of Indio created and implemented its CORP under the guidance of former
Chief of Police Richard Twiss with exceptional success. The Chamber
wholeheartedly supports the City of Palm Desert and the Coachella Valley
Association of Governments efforts to embrace the template created by the
City of Indio's CORP. She said the citizens and business community will
realize the benefits of the Program through the resulting improvement in the
quality of life. The Chamber is proud to be part of these efforts and asked
that their letter of support be added to the minutes and accepted.
Mayor Harnik called for the vote and the motion carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
XVI. CONTINUED BUSINESS
None
XVII. OLD BUSINESS
None
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2017
XVIII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF HISTORIC DISTRICT DESIGNATION FOR
SANDPIPER CONDOMINIUMS CIRCLES 5 THROUGH 10, LOCATED ON
EL PASEO, AS A LOCAL HISTORIC DISTRICT, Case No. CRPC 16-01.
Mr. Grance stated that the proposed Resolution is requesting the City
Council consideration in approving Historic District Designation for Sandpiper
Condominiums Circles 5 through 10. On January 31, 2017, the Cultural
Resources Preservation Committee at its regularly scheduled meeting
conducted a public hearing and unanimously recommended nominating the
Sandpiper Condo's Circles 5 through 10 for Historic Designation. Sandpiper
Condominiums Circles 5 through 10 were completed in 1961 through 1964
by the Los Angeles based architectural firm of Palmer & Krisel, which exhibit
numerous stylistic markers that place them directly in the historic context of
Palm Desdert's Modern Period. Further, Circles 5 through 10 are an
excellent example of multi -family residential development in Palm Desert in
the mid-1960's. The 96 units and 48 buildings that comprise Circles 5
through 10 reflect a coherent vision of modernistic architecture rarely found
anywhere else in the United States. The siting of the building in Circles 5
through 10, and the landscape architecture further reinforce a coherent
modernistic architectural vision that successfully created a leisure lifestyle of
carefree desert living. The site planning of Sandpiper in a pinwheel
configuration around a central hub and its greenbelt concept, draws a 19th
century bridge planner Ebenezer Howard's Garden City. Howard's concept
envisioned a world where the best of city and rural life is combined to create
a utopian environment. He espoused the need for green belts in an effort to
reduce congestion and to create a healthy environment in which to live.
Palmer & Krisel expands Howard's tenet by creating an environment free
from cars, a popular symbol of urban distress. The site planning re-
examines not only urban but suburban living. Palmer & Krisel deftly sited all
vehicular roads and carports on the perimeter of each circle, and their
building turns their fronts away fron the street. The front porch no longer
faces the street, but is moved to look onto a green belt. In this, the pool
becomes the new streetscape or social gathering place for the complex. The
Sandpiper Condominiums Circles 5 through 10 located on El Paseo meets
the following designation criterion as contained in the City's Cultural
Resources Preservation Ordinance, and is hereby worthy of preservation and
designation as a Local Historic District: A) Exemplifies or reflects special
elements of cultural, social, economic, political, aesthetic, engineering,
architectural, or natural history; B) Reflects distinctive examples of
community planning or significant development patterns, including those
associated with different eras of settlement and growth, agriculture, or
transportation. He said Circles 11 & 12 are currently designated Historic
District No. 4, which was approved by the City Council on May 23, 2013. The
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2017
proposals for Circles 5 through 10 would in effect redraw the current Historic
District boundaries to include Circles 5 throughl0.
Mayor Harnik declared the public hearing open and invited anyone wishing to
address the City Council on this matter to come forward at this time. With no public
testimony offered, the public hearing was declared closed.
Councilmember Nestande moved to waive further reading and adopt Resolution
No. 2017 - 30, reaffirming the action of the Cultural Resources Preservation Committee,
designating the Sandpiper Condominiums Circles 5 through 10, located on El Paseo, with
a Historic District Designation, in accordance with Section 29.50.010 of the Palm Desert
Municipal Code. Motion was seconded by Kelly and carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
B. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO DEVELOPMENT
AGREEMENT 98-1 (DA 98-1) FOR MARRIOTT SHADOW RIDGE
LOCATED AT 9003 SHADOW RIDGE ROAD, THUS EXTENDING THE
TERM BY 10 YEARS THROUGH DECEMBER 10, 2030, Case No. DA 98-1,
Amendment No. 1 (Marriott Ownership Resorts, Inc., Applicant).
Assistant Planner Heather Buck stated that Marriott Shadow Ridge is a
timeshare design project of approximately 1,000 units, located east of
Monterey Avenue between Frank Sinatra and Gerald Ford Drive. In 1998,
the City Council approved a Development Agreement (DA) with Marriott
Shadow Ridge for development of the 1,000 units. In 2015, the Planning
Commission approved a two-year extension of that DA, extending the
deadline for build -out to 2020. To date, approximately 600 units have been
built and there are 400 remaining. Marriott has informed the City that they
will not be able to meet the 2020 deadline and is requesting a 10-year
extension through 2030. This item went before the Planning Commission on
February 21 and unanimously recommended approval to the City Council.
Commissioner Gregory noted that the economy had certainly taken a hit and
would like to be more optimistic about the recovery, but he understood the
Applicant's request.
Mayor Pro Tem Jonathan asked if a 10-year extension was a reasonable
request, because it seemed like a long time to him.
MR. STEVE HABARADES, Senior Director for Marriott Ownership Resorts,
Inc., responding to Mayor Pro Tem Jonathan's question, said they have 430
timeshare villas left to develop around the existing golf course. He recalled
for the Council that in 2009 there was a very impactful economic downturn
that affected Shadow Ridge, but also their overall company's development
plan. As such, in order to recover they had to adjust their business plan
going forward. Marriott Ownership Resorts is committed to Shadow Ridge
and to being a member of the City of Palm Desert. What they are doing now
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REGULAR PALM DESERT CITY COUNCIL MEETING
MARCH 23, 2017
is slowing developing in incremental pieces over the ten years, so instead of
doing 120 units at a time, they are now strategically building 40 to 45
timeshares at a time. It's a smaller development but more continuous,
stating it was more feasible from a financial perspective to execute. Further
responding, he confirmed that it will take the additional 10 years to complete
the remaining units.
Mayor Harnik declared the public hearing open and invited anyone wishing to
address the City Council on this matter to come forward at this time. With no public
testimony offered, the public hearing was declared closed.
Councilmember Nestande moved to waive further reading and pass Ordinance
No. 1320 to second reading, upholding Planning Commission Resolution No. 2689 and
approving Amendment No. 1 to Development Agreement 98-1 (DA 98-1), thus extending
the term by 10 years through December 10, 2030. Motion was seconded by Kelly and
carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES:
None).
XIX. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager's Meeting Summaries Report for the Period of February 27-
March 10, 2017.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Announcement of City Council Study Session - Thursday, April 13, 2017,
at 2:00 p.m., Administrative Conference Room, regarding the Quiksilver
Development Proposal at Desert Willow Golf Resort.
Ms. Klassen called attention to the scheduling of the Study Session, and
Councilmembers so noted.
D. PUBLIC SAFETY
1. Fire Department
None
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2017
2. Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. Councilmember Susan Marie Weber's Meeting Summaries Report for the
Period of February 27-March 12, 2017.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
2. City Council Reauests for Action:
None
3. City Council Consideration of Travel Requests and Reports:
None
XX. ADJOURNMENT
With City Council concurrence, Mayor Harnik adjourned the meeting at 6:50 p.m.
JAN C. HARNIK, MAYOR
ATTEST:
RAC ELLE D. KLASSEM'CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
/
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