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HomeMy WebLinkAboutPreliminary MIN RDA Nov. 10, 2005PRELIMINARY MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, NOVEMBER 10, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Crites convened the meeting at 3:00 p.m. II. ROLL CALL Present: Member Jean M. Benson Vice Chairman Jim Ferguson Member Richard S. Kelly Member Robert A. Spiegel Chairman Buford A. Crites Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney (arrived at 5:00 p.m.) Robert W. Hargreaves, Deputy City Attorney (present from 3:00 p.m. - 5:00 p.m.) Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (Closed Session Items) None PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Upon a motion by Ferguson, second by Kelly, and 5-0 vote of the Agency Board, the following item was added to this agenda for Closed Session consideration: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 653-280-035/036 Negotiating Parties: Agency: Carlos L. Ortega/Mark D. Greenwood/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Matthew Johnson Under Negotiation: x Price x Terms of Payment With Agency Board concurrence, Chairman Crites adjourned the meeting to Closed Session at 3:03 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Member Richard S. Kelly VII. INVOCATION - Member Jean M. Benson VIII. ORAL COMMUNICATIONS - B MR. NORM EASTWOOD, 74-474 Myrsine Avenue, Palm Desert, asked when the immediate red -lining of the curb on Deep Canyon would be accomplished, per the City Council's action on October 13. This issue was taken up during the Executive Director's Reports and Remarks, Item XVII, Section A, of this agenda. Please see that portion of the Minutes for discussion and resulting direction. The following individuals spoke regarding South Beach Restaurant and Nightclub: 2 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 MS. DONNA LEMEROND, 72-225 Barbara Drive, Rancho Mirage, CA, said her neighborhood was experiencing negative impacts from the South Beach Nightclub, seven nights per week from 9.00 p.m. to 2.00 a.m., with loud music, particularly heavy bass, and partygoers on the outdoor patio. She said this began when the nightclub opened on September 23, 2005; although, there was no issue with restaurants playing music that previously occupied this location, even with the same corporation that operated The Jetty there most recently. She felt a movie theater - type installation with dense insulation factor would be better suited for South Beach patrons and surrounding residents. She said the loud bass sounds emanating from the establishment also cause vibrational disturbance. During the past six weeks, she noted that they'd been working closely with City staff and the Sheriff's Department, and they were now asking the City Council to direct and support its staff to resolve this problem. She presented the City Council with a binder of background materials (now on file and of record with the City Clerk's Office). It included: 1) Map indicating all neighborhoods impacted by the noise from the nightclub; 2) print-outs from South Beach's website; 3) report by Lt. Steve Thetford on noise complaint calls to the Sheriff's Department; 4) sound report from City Code Compliance; 5) copy of petition submitted to Palm Desert City Council on October 18, seeking relief from the noise; 6) copy of similar petition submitted to the Rancho Mirage City Council, asking them to work with Palm Desert to resolve this problem and restore peace to the neighborhoods, along with a letter from Rancho Mirage MayorAlan Seman regarding his telephone conversations with two different people from South Beach in an effort to solve the noise problem. She said in spite of assurance given by those representatives on October 19, the noise has continued. In addition to the noise, she said businesses adjacent to South Beach have been subject to littering problems in the parking lots across the street, as well as parking problems for customers of businesses located in the same commercial center. She closed by stating that since South Beach opened, it has negatively impacted many people; she thanked the City Council for its consideration. MR. ERNEST FARACI, 72-476 Rancho Road, Rancho Mirage, CA, said his residence was approximately 1,800 feet from the Lemerond's, whose complaints he also confirmed. Although he was a bit farther away and didn't hear the music specifically, he did hear the screeching of car tires as they take off from the establishment at around 2.00 a.m. He personally visited the South Beach site and drove through the parking area from east to west, which took him eight minutes to get through their valet area and people. Therefore, he felt traffic congestion was also an issue. He said the matter was incredibly crucial to him and his neighbors. MR. ROBERT SMITH, resident of Barbara Drive, Rancho Mirage, CA, stated he was also negatively affected by the nightly noise coming from South Beach —music, heavy bass that shakes his windows, and partygoers hooting and hollering on the patio. He didn't oppose people having a good time. He liked a good time too, but not at the sake of the community at large; and when it's disrupting people's sleep 3 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 habits, it's a serious issue. He also read a prepared statement on behalf of his wife, Mrs. Barbara Smith, which referred to South Beach as a nightclub, as that was how they were identifying themselves, and also said herfamily's life had been disrupted nightly due to noise from loud bass music and to unmanaged and unregulated partying at the establishment. Her statement said that the City of Palm Desert had not authorized the nightclub's operation, and she was upset that Palm Desert officials she'd contacted gave little to no response and had no plan of action to address the problem. It was hoped that the City of Palm Desert would return South Beach to a restaurant as it was licensed to be. MR. GREG HENDEL, 78-660 Highway 111, Palm Desert, said that in addition to being part owner of the Best Western hotels in the area for many years, he was owner of Desert Tanning, two doors down from South Beach. He stated that during their first bash, South Beach's valet pulled up the four reserved parking signs in the lot for his customers; he tried to speak with South Beach representatives about the matter, and they never returned his calls. Additionally, he said they coned off the entire parking area, forcing his patrons to park out on Painter's Path. He believed it was another example of the lack of cooperation they have shown the community. MR. STEVE DEDINA spoke on behalf of South Beach. He said his client was very mindful of any noise problem. In fact, on several occasions, they'd requested any reports prepared regarding the noise (i.e., decibels emanating from the club), they haven't been provided to South Beach; but apparently the City Council had been provided a complete report today. He said it was incorrect to say that South Beach had not done anything to correct any potential adverse consequence of noise, because they did take appropriate measures to insulate the building for the bass when it was designed. Further, upon adequate documentation that there is such a problem, South Beach wished to correct any adverse consequence of the nightclub and the noise coming from it. He said he'd personally stood across Highway 111 to see if he could hear anything, but all he could hear was traffic noise. It was his understanding that there had been sound meter tests taken across the highway, but he had yet to hear any evidence showing the resulting decibels were produced by traffic or by actual music. Compounding the confusion, he thought, was that South Beach received telephone calls during the daytime, asking that the music be turned down, but no music was playing at that time. He said these calls came from residents of a different city, across Highway 111, behind a building and a wash, and he disputed that the complaining party could hear anything coming from South Beach. Therefore, he stated that before it could take any corrective measures, South Beach needed to find out exactly what the problem is, what is being alleged, and whether it is allegedly exceeding the decibels delineated in the Municipal Code. He said once they had that information, they could take the necessary corrective measures; they didn't want to concede to anything wrong until it could be identified. 12 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 Responding to question, Mr. Dedina said he was unaware of South Beach's valet parkers removing any signs. With regard to whether or not 50% of his client's gross sales were for food and not alcohol, Mr. Dedina said he had no knowledge of that. He was the attorney for South Beach and had never inquired; however, he said he understood it was primarily a restaurant and secondarily a nightclub. Chairman/Mayor Crites pointed out that Mr. Dedina identified South Beach as a nightclub and asked if South Beach had a permit as a nightclub. MR. DEDINA said he was the attorney for South Beach for purposes of this proceeding; he was told there would be issues about noise, which is what he was discussing. He further responded that it was a restaurant and a nightclub. Vice Chairman/Mayor Pro Tem Ferguson believed the issue that was raised was legality of the operation, which is the same issue that the City had with Bananaz before it. He advised that the City would be visiting with South Beach about its receipts; to him, it was a nightclub. MR. DEDINA said he was aware that his client had come to the City to find out exactly what licenses and permits they needed. He did not know what the City told them, but he knew they applied for and received everything they were told to get. He said there were partners in the operation and managers of the nightclub present, reiterating that it was a restaurant and a nightclub. He commented that the restaurant was very nice; half the time it was open, it was not playing music but serving food. On the weekends, he said it had nightclub activities. He closed by saying South Beach Restaurant/Bar was willing to take any corrective measures necessary to mitigate any noise problem, if in fact there is one. In his own observation, there wasn't, even on the weekend when music is playing. MR. TED LEMEROND, 72-225 Barbara Drive, Rancho Mirage, CA, remarked that in follow-up to Mr. Dedina's statements, on no less than three occasions from 11.30 p.m. to 1.30 a.m., he's had Sheriff's Deputies in his bedroom witnessing the noise, acknowledging it on one occasion. At that time, his wife Donna went with two deputies and did a citizens' arrest at South Beach, which he pointed out was a recorded incident. He went on to say that it had happened again as recently as last Friday night at 12.20, when the same officer, Deputy Ramirez, responded to the call. South Beach was told to turn down the music, but he said in most cases when that's done, the music actually gets louder; the loudest music is played from about 11.00 p.m. to 1.45 p.m. virtually every single night. He noted that with his 30 years' experience as a contractor, he disputed that the South Beach building could be made to enclose the sound coming from it. If it were, he said it wouldn't have a metal roof or windows. Further, he said with regard to the business license, it was 5 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 a big coincidence that the gentleman in front of him at City Hall this past Monday morning was making that application after having been cited by Code Compliance just 30 minutes' prior. Additionally, he observed that the noise disturbance by South Beach created a huge liability problem —State real estate regulations require disclosure of any noise or nuisances before a home can be sold to another party. He asked the City Council for help in this matter. MR. BRAD HUGHES said he was majority owner of South Beach Restaurant and Nightclub and was caught completely off guard by the issues being raised at this meeting. He stated that the "buck stopped with him" on some of these issues; he wanted to clear up some of the misunderstanding and answer any questions. It had been brought to his attention over the past couple of weeks that there had been Sheriff's Deputies at the club on complaints of noise. He said his staff advised that when the deputies were there, the noise wasn't as bad as what they were investigating on the complaint. He noted that he also had a home here on Desert Drive, about a block away from the club; and he, too, went out at night to listen for the alleged sounds and hadn't heard them either. Although, being close to Highway 111, he'd heard cars going by with the bass beat coming from them. He was disappointed that he'd never previously been contacted by anyone at the City about any issues of licensure or otherwise, even though his contact numbers were all on file here. In fact, he said he came directly to the City about five minutes after receiving the notice from Business License, remarking that The Jetty, Incorporated, of which he is president, already had a business license and operated the former nightclub of the same name. Further, he said when the site was known as The Jetty, it was also a nightclub with music six nights a week along with a comedy night, and in its six months of business, operated at the same decibel level as South Beach is currently without any complaints. He offered that he was willing to do whateverwas necessary to come into compliance with any code they were violating; however, he said he has yet to be cited or found guilty of any of these allegations. He also added that they were not skirting any licensing issues; they operated as a restaurant and nightclub, and he was the one who wrote the checks for everything, including anything that will be a corrective action. He said it was directly impacting his business and his pocketbook; and he said within $2,000, he wrote the same amount of payment for alcohol as he did for food in the last month, having just completed the profit/loss statement. He said as far as knowing the percentage of sales, it was all relative, and he presumed that the food sales were slightly higher than alcohol sales because there were more people dining and the margins were greater for food than alcohol, but the costs were the same. He was unsure where all the angst was coming from —their business was being enjoyed by the public and return guests —but he couldn't be held responsible for how those guests were using their motor vehicles on the City streets, it was up to law enforcement to handle that. As far as the noise in the building, he said he was also a contractor, building homes and commercial buildings as his primary business for the last 25 years; the South Beach building was insulated and included noise abatement features, with a six-foot 0 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 tall masonry wall built around the building before he opened The Jetty to help mitigate any noise impacts. He thought maybe there was some sound reflecting off the mountains if the wind was in the right direction; he could sometimes hear the public address system from the football stadium and the ballparks at City Hall too. He noted that there wasn't any music played on Monday nights, as that was reserved for Monday Night Football activities with televisions on inside the building only; phone calls about the music on that day were unwarranted. He reiterated that he was more than willing to do what was within his capacity in order to appease the City Council and to do what's good for the community, but he believed many of the allegations were exaggerated. Vice Chairman/Mayor Pro Tem Ferguson commented that he didn't think the residents were making things up; so whether or not it was right, wrong, perceived, whether emanating from South Beach or not, something was bothering them, and they brought it to the City Council. He suspected that the City would do its due diligence to check into the licensing and everything else because all the City wants is for things to be done appropriately; Palm Desert was a business friendly community. He suggested that Mr. Hughes contact the neighbors directly, and if a noise complaint comes in, go to Barbara Drive and see for himself. MR. HUGHES clarified he wasn't insisting that there wasn't any noise, it was that he couldn't hear it, acknowledging that everybody's reality was different. When he stood outside his establishment on a Saturday night with a band and the loudest music playing, what he heard was traffic and the din of people on the outdoor patio. Responding to question, he said he was told there was a citizens' arrest made two days after it happened, but in the context of repeated visits from the Sheriff's Department, whom all said they were being called by the same person repeatedly. He was getting the feeling it may be someone's personal vendetta. He invited the affected parties to talk to him, even in a simple note to him, as he felt he was very responsive. MS. PAULENE WILKINS, 72-335 Barbara Drive, Rancho Mirage, CA, said she and her husband were about five doors down from the Lemerond's, going towards Monterey Avenue. She said she could honestly say that neither she nor her husband could call on the police as it wasn't that big of a disturbance to them at their residence. However, she said about 10.30 or 11 o'clock at night, they could hear the bass sounds from the South Beach Nightclub. Additionally, she said she was a pretty sound sleeper, but around 1 or 1.30 in the morning, she is awakened by the traffic and the screeching sounds coming from that location. She invited anyone who was interested to come to the backyards in her neighborhood to see if they could get a night's sleep —this wasn't being fabricated. She wasn't here to see something like that closed down, they wouldn't want that, but they were asking for a little bit of cooperation that they hadn't gotten in the past couple of months. She said the only way they'd gotten any cooperation is to bother the Rancho Mirage 7 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 and Palm Desert City Councils, which she felt was unnecessary. She felt as adults, this situation could be rectified. MS. HILJA BERGIN, resident of Rancho Road, which she said is another street past Barbara Drive in Rancho Mirage, CA. She stated that she didn't have as much trouble with the noise there, either, but they could hear South Beach patrons yelling and screaming all night long. The music was an issue at first, it wasn't as bad now, but they'd noticed a marked increase in traffic noise —squealing of tires all night long. She feared a bad accident would occur there with the way they came out of that place. She said they were past Highway 111, past the wash, and past the houses on Barbara Drive, and they could still hear South Beach. MR. CHIAM BOSNINE, resident of Rancho Road, Rancho Mirage, CA, said he could hear the noise when he was outside of his house. He took issue with South Beach's attorney saying he hadn't heard anything —no noise or tires screeching — because it wasn't true. MS. LINDA SCHIVOU (sp?), 72-248 Barbara Drive, Rancho Mirage, CA, said she lived across the street from the Lemerond's. She commented that she goes to bed very early and has not heard any noise while she's in the house, with her bedroom in the rear. However, when she's outside, as she usually is on Wednesday nights when she arrives home from work around midnight, she could hear the noise —the music —from her driveway. She said she usually kept her windows shut, and when she's inside the house, it didn't disturb her. With regard to the general issue raised by local residents and the owners and representatives of the restaurant and nightclub establishment, Mr. Hargreaves stated that the City Attorney's Office had been directed to aggressively pursue compliance with all City Codes with respect to South Beach's business operations. He said the City Attorney's Office would, therefore, be looking into it with all due speed and with the resources of its office to make sure the business complies with the law. MR. TOM McCUTCHEN, 24 Via Cielo Azul, Palm Desert, said he was before the Agency Board/City Council for the third time to ask when the demolition of the former La Paz Villas would be completed. He said Code Compliance staff advised him that Palm Desert Code required a dilapidated building to only be fenced in until it's demolished, and it's been three weeks since two of the duplexes had been vacated and the doors and windows either broken out or left open. He feared kids would go into these buildings, especially since they're visible from Deep Canyon Road. Additionally, he said these two structures were not behind the fence that took almost three months and several calls to the City to be erected. He was still waiting for a response to the question of when this safety issue will be resolved. 0 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 Mr. Croy stated that the property was secured with a fence that is locked at all times. He said access could only be made by someone climbing the fence and getting onto the property to make an illegal entry; the property was secured from entry. With Agency Board concurrence, Chairman Crites called for a recess at 4:40 p.m. He reconvened the meeting at 4:45 p.m. 0 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE MIKE HARDIN OF THE LOCK SHOP, INC., 73-560 HIGHWAY 111, PALM DESERT, FOR THE ULTIMATE IN WATER -EFFICIENT LANDSCAPE. On behalf of the Chairman/Mayor and Agency Board/City Council, Member/Councilman Kelly presented an engraved plaque to Mr. Hardin, recognizing his ingenious and artistic design of sculpted metal desert flora, which is very lifelike, at his place of business. B. PRESENTATION OF PUBLIC SAFETY AWARDS. This presentation was deferred. C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — NOVEMBER 2005. On behalf of the Agency Board/City Council, Chairman/Mayor Crites and Mr. Ortega honored the following employees for outstanding performance with a certificate of recognition and a $100 gift certificate: Robert Becerra, Mark Diercks, Page Garner, Sam Szymanski, Mary Gates, Sergio Rosas, Gil Salcedo, Abel Zatarian, and Bryce White. X. CONSENT CALENDAR A. MINUTES of the Regular Redevelopment Agency Meeting of October 27, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 94RDA, 98RDA, 92-Housing, 95-Housing, 96-Housing, 99-Housing, and 100-Housing. Rec: Approve as presented. C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for July, August, and September 2005 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. 10 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 D. REQUEST FOR APPROVAL of Successor Trustee (Contract No. C24550) (Joint Consideration with the Palm Desert City Council and the Palm Desert Financing Authority). Rec: By Minute Motion, terminate the City's trust relationship with Bank of New York and approve Wells Fargo & Company as a successor trustee for a five-year term, commencing January 1, 2006. E. REQUEST FOR RATIFICATION of Contracted Services to Address Immediate Public Health and Safety Concerns at the Wallaroo Child Care Facility, 44-911 Cabrillo Avenue. Rec: By Minute Motion: 1) Ratify expenditures made with Aavco Electric, A.R.C. Concrete, George Brazil Plumbing, H & H Ornamental Iron, and Zeus Construction to address parking lot improvements, air conditioning repair and maintenance, fence repair/dry well cover, and concrete for the dry well in the total amount of $12,024.46-1 2) authorize the Executive Director to execute any documentation necessary to complete these repairs —funds are available in Account No. 850-4545-466-4001. F. REQUEST FOR AUTHORIZATION to Enter into Contract for Demolition of the Easterly Pool at Laguna Palms Apartments (Contract No. R24530). Rec: By Minute Motion, authorize staff to enter into contract with Emery Landclearing and Grading, Thermal, California, for the purpose of a pool demolition on Hermosa Avenue at the Laguna Palms Apartments, in the amount of $10,880 plus authorize an amount not to exceed $2,500 for unforeseen conditions as a part of the demolition. G. REQUEST FOR APPROVAL of Proposal for Exterior Soffit Replacement at the Desert Willow Clubhouse (Contract No. R24540). Rec: By Minute Motion: 1) Approve the subject proposal by Douglas E. Barnhart, San Diego, California, in an amount not to exceed $42,100-1 2) appropriate $42,100 from Unobligated Project Area Funds to Account No. 851-4663-454-4001; 3) authorize the Executive Director to execute the proposal. Upon a motion by Spiegel, second by Kelly, and 5-0 vote of the Agency Board, the Consent Calendar was approved as presented. 11 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 12 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 512 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY, APPROVING A REPORT REGARDING EXCESS TAX INCREMENT REVENUES AND MAKING FINDINGS RELATED THERETO. Vice Chairman Ferguson moved to waive further reading and adopt Resolution No. 512. Motion was seconded by Spiegel and carried by a 5-0 vote. XIII. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY AT 43-960 BLUEBERRY LANE (APN 643-061-026). Vice Chairman Ferguson moved to, by Minute Motion: 1) Authorize the acquisition of the subject property for the purpose of retaining affordability covenants and resale, if necessary, in anticipation of the expiration of the 60-day Right of Refusal period; 2) approve a Silent Second Trust Deed in an amount necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency sale; 3) authorize the Executive Director to execute any documents necessary to faciliate this transaction — funds are available in the Housing Set -aside Fund. Motion was seconded by Kelly and carried by a vote of 5-0. B. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY AT 75-334 YELLOW SAGE COURT (APN 634-242-035). Vice Chairman Ferguson moved to, by Minute Motion: 1) Authorize the acquisition of the subject property for the purpose of retaining affordability covenants and resale, if necessary, in anticipation of the expiration of the 60-day Right of Refusal period; 2) approve a Silent Second Trust Deed in an amount necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency sale; 3) authorize the Executive Director to execute any documents necessary to faciliate this transaction — funds are available in the Housing Set -aside Fund. Motion was seconded by Kelly and carried by a vote of 5-0. XIV. CONTINUED BUSINESS ►= 13 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 14 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 XV. OLD BUSINESS A. REQUEST FOR AUTHORIZATION TO REJECT SOLE BID RECEIVED AND TO NEGOTIATE A CONTRACT WITH BIDDER TO CONSTRUCT MONUMENT SIGNS AT ENTRADA DEL PASEO (CONTRACT NO. R22200, PROJECT NO. 955-04). Responding to question about room for another restaurant sign as well as for the Chamber of Commerce sign, Redevelopment Manager Lauri Aylaian stated that by City ordinance, the signage program is limited to no more than three businesses on a single monument sign. However, she said because the monument signs were on different streets, there is room available on the Painter's Path monument, which will have space to announce a restaurant that would be accessed from Painter's Path; but there was no space left on the Highway 111 monument. Member Spiegel moved to, by Minute Motion: 1) Reject all bids received in response to the Notice Inviting Bids for the subject project; 2) authorize staff to negotiate with the sole bidder, Fluoresco Lighting & Signs, Pomona, California, to value -engineer construction details and to secure contractual requirements in an amount up to $160,000; 3) authorize the Chairman to execute all necessary documents to facilitate the negotiated contract, including appropriate contingencies — necessary funding is available in Account No. 850-4358-433-4001. Motion was seconded by Ferguson. Upon Vice Chairman Ferguson's inquiry, Ms. Aylaian said the stand-alone Palm Desert Visitor Center sign did not list restaurants; it was an indicator sign specifically for the Visitor Center at the entrance from Highway 111. She said there were total of four signs for the Entrada del Paseo project, and there was particular attention given to good signage for the Visitor Center since most people accessing it would be from out of town. Member Spiegel asked about directional signs for westbound traffic on Highway 111. Ms. Aylaian answered that the Public Works Department has been working with the Visitor Center Manager to get directional signage to the Visitor Center from all the City's entry points. She said the subject consideration was strictly on -site. She agreed to provide the Agency Board Members with information about locations of the other directional signs. Member Benson said she understood that the Chamber of Commerce would not be listed on the monument sign but would have their own. Ms. Aylaian responded that the wording had been discussed, noting that the Chamber of Commerce would actually be housed within the Henderson Community Building. Therefore, she said the discussion had been about whether the sign will say Henderson Community Building or Chamber of Commerce. She 15 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 said the last direction from the Entrada del Paseo Steering Committee was to come back with renderings showing different possibilities. Since it will be another year before the building is ready, staff hadn't yet come up with the exact wording for presentation to the Committee but definitely would be doing so in the near future. Upon Member Kelly's inquiry, Ms. Aylaian responded that there would be no signage for the Visitor Center from Painter's Path; one opening on that monument sign would then be reserved for the restaurant there. Vice Chairman Ferguson asked whether the Committee gave any thought to not including any restaurant signs on these monuments, as he felt, for instance, it would be pretty difficult to miss the Cuistot sign on the building from Highway 111. Ms. Aylaian stated that in the negotiated agreement with Cuistot, they were given the right to have their name and logo on monument signs where they occur. She said future negotiations with other restaurants would probably not include that as a point of agreement, observing that she didn't think anyone anticipated that Cuistot would be quite as visible as it turned out to be. Chairman Crites called for the vote, and the motion carried 5-0. XVI. PUBLIC HEARINGS None XVII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR 1. Deep Canyon Road Red -curbing — Mr. Ortega noted a letter received from Father Howard Lincoln of Sacred Heart parish, requesting a reconsideration of the City Council's October 13, 2005, decision to red -line Deep Canyon Road. He said that action was to proceed with red -curbing the east side of Deep Canyon as well as on portions north of the Sacred Heart property line. Accordingly, he had directed Public Works staff to schedule that red -lining. He stated if the City Council wished to take up the matter again, it would need to be added to the agenda and staff be given direction to place it on the following City Council Meeting agenda. Vice Chairman Ferguson commented that Father Lincoln was not present at the October 13 Meeting and was misinformed that the City was immediately red -striping the curb on church property. However, 16 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 10, 2005 he'd since telephoned Father Lincoln to advise that the red -lining was for the curb north of church property on Deep Canyon and for the east side currently, and that the City would wait until the improvements were complete before looking at red -curbing the west side in front of the church property. Therefore, he felt Father Lincoln now understood the situation —even though before it could be fully explained, he'd put it before his parishioners and the City Council had been receiving a lot of mail about it. Agency Board Members/City Councilmembers concurred that there was no need for reconsideration of the Deep Canyon red -curbing matter, with staff directed to expedite the action taken on October 13, 2005, in order that it be completed prior to Thanksgiving. B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY II,=0" XVIII. ADJOURNMENT With Agency Board concurrence, Chairman Crites adjourned the meeting at 7:12 p.m. ATTEST: BUFORD A. CRITES, CHAIRMAN RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY 17