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HomeMy WebLinkAbout2004-01-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 22, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:05 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney arrived at 4:00 p.m. Robert W. Hargreaves, Deputy City Attorney (present from 3:00 p.m. to 4:00 p.m.) Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Mark Greenwood, City Engineer Philip Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Michael J. Errante, Director of Public Works Robert P. Kohn, Director of Special Programs III. ORAL COMMUNICATIONS - A - (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 With Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:07 p.m. He reconvened the meeting at 4:02 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. DON MARTIN, retiring General Manager of the Coachella Valley Recreation and Park District (CVRPD), introduced the City Council to the new General Manager, Stan Ford. He added that he would be bringing Mr. Ford to the next Parks & Recreation Commission Meeting. MR. STAN FORD greeted the City Council and complimented Palm Desert on its beauty and facilities. He looked forward to working with the City Council in his new position. MR. DALE HODGES thanked the City Council for returning his telephone calls. He urged Members to seriously consider circulation issues, as he felt currently there were only limited options of traveling by car to get around the City. He encouraged the City Council to think about incorporating other options when it considers "Mixed Use" designation as part of its General Plan Update. MR. C. J. MASSOUDI, owner of CJ's Diner on Lennon, Palm Desert, asked the City Council to look into the shortage of parking at his establishment, which was adjacent to both Time Warner Cablevision and Waste Management. He said due to the employees of both Time Warner and Waste Management parking near his restaurant, by 6:30 a.m. there was none available for his customers nor any other businesses in the area. He was losing business because of it. He had written to the City suggesting angled parking with a two-hour limit for the area, but he had not received a response. He also submitted a petition of signatures to this effect. Mayor Spiegel referred Mr. Massoudi's concerns to the City Manager's office for further review. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE PALM DESERT CITY COUNCIL BY QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE 2004 RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL. Queen Mom Terri Neuenswander of the Riverside County Economic Development Agency introduced Queen Scheherazade, Brooke Akers, and Princess Jasmine, Cecelia Lavariega, to the City Council. Princess Dunyazade, Natalie Tarr, was unable to be present at today's meeting. They each expressed appreciation to the City of Palm Desert for its support of the Fair over the past several years, which benefitted the entire County. They all looked forward to seeing everyone at the Fair! B. PRESENTATION TO RECOGNIZE LARRY GROTBECK FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS EL PASEO BUSINESS ASSOCIATION BOARD OF DIRECTORS. Mr. Grotbeck was unable to be present at today's meeting. C. PRESENTATION TO RECOGNIZE MURRAY MAGLOFF FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS INVESTMENT & FINANCE COMMITTEE. On behalf of the City Council, Mayor Spiegel presented an engraved crystal clock to Murray Magloff for his many years of service to the Investment & Finance Committee. MR. MURRAY MAGLOFF expressed his sincere appreciation for the opportunity to serve the City, and he complimented City Council and staff for its fine work. D. PRESENTATION TO RECOGNIZE STEVE BLOOMQUIST FOR HIS CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS POLICE DEPARTMENT. On behalf of the City Council, Mayor Spiegel presented an engraved crystal platter to Assistant Sheriff Bloomquist, recognizing his tenure with the Riverside County Sheriff's Department, including his term as Palm Desert's Chief of Police, and all his accomplishments in the Department where he recently retired as Assistant Sheriff. ASSISTANT SHERIFF BLOOMQUIST thanked the City Council and related that he felt the foundation he developed as a police administrator in Palm Desert and the partnerships that were involved had served him well 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 throughout his career. He appreciated the kindness he was shown and the friendships he'd developed here. E. CONSIDERATION OF REAPPOINTMENTS TO STANDING COMMITTEES AND COMMISSIONS, AND SETTING A TIME FOR INTERVIEWING APPLICANTS FOR COMMITTEE AND COMMISSION VACANCIES. Mayor Spiegel noted that the City Council was still considering reappointments and candidates for vacancies for most of the Committees and Commissions. However, he said there were two recommendations for the El Paseo Business Association, and he asked his colleagues for their consideration. Councilman Kelly moved to, by Minute Motion: 1) Reappoint David Fletcher to the Board of Directors for the El Paseo Business Improvement District for a four-year term (01/01/04 - 12/31/07); 2) appoint Heather Sacre to the Board of Directors of the El Paseo Business Improvement District to fill the vacancy created by the resignation of Larry Grotbeck (term expiration 12/31/04). Motion was seconded by Crites and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 8, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 138, 139, 142, 143, and 144. Rec: Approve as presented. C-1. CLAIM AGAINST THE CITY (#5271 by Heidi Reardon in the Amount of $270. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. C-2. CLAIM AGAINST THE CITY (#528) by John M. Bennett in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Elvia Delao, et al., for La Casita Restaurant, 77-912 Country Club Drive, Units 3B & 3C, Palm Desert. Rec: Receive and file. E-1. AUDITED Financial Reports for the City of Palm Desert — Fiscal Year Ending June 30, 2003. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. E-2. AUDITED Financial Reports for Palm Desert Recreational Facilities Corporation — Fiscal Year Ending June 30, 2003. Rec: Receive and file. F. MINUTES of City Committee and Commission Meetings. 1. Investment & Finance Committee Meeting of November 19, 2003. 2. Technology Committee Meeting of December 2, 2003. 3. Youth Committee Meetings of November 5, and December 3, 2003. Rec: Receive and file. G. CONSIDERATION of Proposal for Sister City Signs at City Entrances. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. H. REQUEST FOR APPROPRIATION of Funds for Landscaping Improvements to Highway 74 (El Paseo to Pitahaya Street). Rec: By Minute Motion, approve the subject appropriation in the amount of $3,696 from the Unobligated General Fund payable to the Sandpiper Presidents Association. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 1-1. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Landscape Maintenance Services for Consolidated Maintenance Area No. 1 (Contract No. C22230). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. 1-2. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Landscape Services for Consolidated Maintenance Area No. 3 (Contract No. C22240). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. 1-3. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Landscape Maintenance Services for Consolidated Maintenance Area No. 6 (Contract No. C22250). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. J. REQUEST FOR AWARD OF BID for Portable Air Compressor. Rec: By Minute Motion, award the bid to purchase one 260 cfm Portable Air Compressor, Sullair Model 260 DPQ-JD from United Rentals, Cathedral City, California, in the amount of $15,757.34, including tax and delivery —funds are available in Account No. 110-4310-433-4045. K. REQUEST FOR RATIFICATION of Contract for Sponsorship of the 2004 Riverside County Fair and National Date Festival (Contract No. C22260). Rec: By Minute Motion, ratify a contract with the Riverside County Economic Development Agency, as approved by the City Manager on September 12, 2003, in the amount of $10,000 to sponsor the 2004 Riverside County Fair and National Date Festival, scheduled to be held February 13 - 22, 2004 — funding for this activity was not appropriated in the FY 2003/04 budget; therefore, an appropriation in the amount of $10,000 will be required from the Unobligated General Fund to Account No. 110-4416-414-3061. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C18970 — Engineer's Report for Silver Spur Ranch Utility Undergrounding Assessment District — Construction Observation. Rec: By Minute Motion: 1) Approve Change Order No. 1 in an amount not to exceed $10,000 to the subject contract with MuniFinancial, Temecula, California, for the additional construction observation needed to complete the project; 2) authorize the Director of Finance to transfer said funds from contingency to base for this contract — no additional appropriation is necessary. M. REQUEST FOR APPROVAL of Endorsement for Safehouse of the Desert. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. N. REQUEST FOR APPROVAL of Request from Soroptimist International of Palm Desert for the Eighth Annual Art & Wine Tour of El Paseo. Rec: By Minute Motion, approve the request from Soroptimist International of Palm Desert and appropriate funds from the Unobligated General Fund in an amount not to exceed $1,300 for expenses associated with sponsorship of the 2004 Art and Wine Tour of El Paseo, scheduled for Friday, February 27, 2004. O. REQUEST FOR WAIVER of Fees Associated with the Historical Society of Palm Desert's Third Annual "Ed Mullins Picnic in the Park." Rec: By Minute Motion, waive fees associated with the subject event, scheduled to be held on Sunday, March 28, 2004, in Pavilion #1 at the Palm Desert Civic Center Park. P. REQUEST FOR APPROVAL of a Parade Permit for the Palm Desert Grand Prix Bicycle Race. Rec: By Minute Motion, approve the request of the Palm Desert Grand Prix Bicycle Race for issuance of a Parade Permit on April 3, 2004. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 Q. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Councilman Ferguson asked that Items G and M be removed to separate discussion under Section XI, Consent Items Held Over. Mayor Pro Tem Crites asked that Item E-1 also be removed for separate discussion. Upon motion by Ferguson, second by Crites, the remainder of the Consent Calendar was approved as presented by a 5-0 vote. XI. CONSENT ITEMS HELD OVER E-1. AUDITED Financial Reports for the City of Palm Desert — Fiscal Year Ending June 30, 2003. Rec: Receive and file. Mayor Pro Tem Crites moved to receive and file these reports, with compliments to Mr. Gibson and the Finance Department for a job well done. Motion was seconded by Spiegel and carried by a 5-0 vote. G. CONSIDERATION of Proposal for Sister City Signs at City Entrances. Mayor Pro Tem Spiegel noted this was a request from the Sister Cities Committee to look at having some type of small signage at the entrance to the City that notes Palm Desert's Sister City relationships. He asked that this matter be referred to the Art In Public Places Committee to look at the idea. Councilman Kelly said he felt the Council should decide first whether or not it wants to have such signage before referring the matter to Art In Public Places. He did not feel it should be an entry sign as service clubs in the City (Le., Rotary) might then wish to have their signs included as well. Councilman Ferguson agreed with Councilman Kelly and said one of the things he likes most about Palm Desert's signage is that it is understated. It lets you know you are in Palm Desert, but there are no "rack signs" where every non-profit puts up something. While they are all good organizations, it tends to look cluttered. However, he would support the idea of having some kind of signage, perhaps at the Civic Center, that would let people know of Palm Desert's Sister City relationships. Councilman Crites moved to, by Minute Motion, ask staff to identify an appropriate place for recognizing Palm Desert's Sister City relationships, i.e., a location at the Civic Center, and return the recommendation to the City Council for consideration. Motion was seconded by Benson and carried by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 M. REQUEST FOR APPROVAL, of Endorsement for Safehouse of the Desert. Councilman Ferguson said he did not remember the Council ever being asked to endorse a start-up charitable organization. He felt the goal of finding a place for runaway kids is certainly endorsable, and he would endorse the concept. However, he looked at the Board of Directors, the structure, and the funding of it, and he was not comfortable endorsing the organization because he did not know much about it. He also expressed concern with the City being put in a position where if it endorses one charitable organization it will end up having to endorse every non-profit organization out there. He said he would rather endorse the concept and wish them well. Mayor Spiegel said this organization was not asking for any money — it was just asking for the City to agree that this is a good idea to have a safehouse for runaway children. He added that he had spoken with Lynn Moriarty of Shelter from the Storm about this organization, and she was very enthusiastic about it. Councilmember Benson noted that she is on the Board of Directors for Regional Access Project (RAP) which proposed this organization, and she asked whether it would be a conflict. Mr. Erwin responded that since RAP is a non-profit organization, and Councilmember Benson does not receive any salary, there would be no conflict. Councilman Ferguson moved to, by Minute Motion, endorse the concept of the Safehouse. Motion was seconded by Crites and carried by a 5-0 vote. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 For Adoption: A. ORDINANCE NO. 1041A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 10.78 TO TITLE 10 OF THE PALM DESERT MUNICIPAL CODE, REGARDING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (I.E., SEGWAY). Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1041A. Motion was seconded by Crites and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS FOR THE COST OF THE INSTALLATION AND CONSTRUCTION OF CERTAIN PUBLIC ONSITE AND OFFSITE IMPROVEMENTS FOR A 40-ACRE AFFORDABLE HOUSING PROJECT SITE (LOCATED BETWEEN 42ND AVENUE AND MERLE DRIVE) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the staff report and recommendation in the packets. Director of Housing Teresa LaRocca reviewed the report and offered to answer any questions. Mayor Pro TemNice Chairman Crites moved to waive further reading and adopt: 1) City Council Resolution No. 04-2, for the cost of the installation and construction of certain public onsite and offsite improvements, including improvements for a 40-acre affordable housing project site; 2) Redevelopment Agency Resolution No. 489, for the cost of the installation and construction of certain public onsite and offsite improvements, including improvements for a 40-acre affordable housing project site located within Project Area No. 3. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR ADOPTION OF RESOLUTIONS, RELATIVE TO THE INTENTION TO LEVY REASSESSMENTS; ISSUE REFUNDING BONDS, LIMITED OBLIGATION IMPROVEMENT BONDS SERIES 2004; AND TAKE ACTIONS RELATED THERETO FOR ASSESSMENT DISTRICT NO. 98-1 (REASSESSMENT AND REFUNDING OF 2004). Mr. Ortega noted the staff report and recommendation in the packets. Upon question by Councilman Kelly, Redevelopment Finance Manager Dennis Coleman responded that the City was not being reimbursed for staff time on this. All the other costs, such as for the consultants, lawyers, etc., were being paid for by the District itself. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 Upon further question by Mayor Pro Tem Crites, Mr. Coleman responded that staff time was of some magnitude but not a lot. This is not a bond issue where staff was spending an inordinate amount of time in terms of months. While there was no reason not to choose to be reimbursed for those expenses, he said the City had not done so as a practice in the past. While the Districts were charged $50,000 for the setup, the City had never done so on any of the refundings. Mr. Ortega noted that this is for a private developer to construct public improvements. Upon question by Councilman Ferguson, Mr. Coleman responded that staff had selected the financing team. Councilman Ferguson stated that a member of the brokerage community had complimented the City on all the structural safeguards it built into its investment brokerage side of the City's finance portfolio and asked why the City didn't do something similar on the bond side of the City's finance. He asked if the City had a number of people to select from or if staff just used the same folks over and over again. Mr. Coleman responded that there are three firms doing bonds for the City. They had been used over a number of years, and staff worked well with them and had a comfort level with them. Councilman Ferguson said the question was whether the City ever engages independent third party consultants to evaluate its bond deals and tell the City whether it is in fact getting the best deal or if it is taking the word of its finance team. Mr. Coleman stated that staff does not engage people to do this after the fact. One of the people used in the transactions is a financial advisor who is independent, and it is his job to look over things in terms of the structure. He is also utilized heavily when it comes to the pricing of the bonds. Staff also gets involved by keeping abreast of where the market is going. Approximately nine bonds had been issued since November of 2001, and staff is fairly informed as to where the market goes. Mr. Ortega noted that with the last bond issue for the animal shelter, the County had its own financial analyst looking over the City's shoulder and looking at its practices. When all was said and done, the City was complimented by the County's consultant on how the pricing and financing were done. He said staff is concerned as well and looks to make sure the City gets the best yield every time. Mayor Pro Tem Crites noted that while this was for public infrastructure, it was required public infrastructure in order to build projects. This was not a 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 gratuitous thing a developer is doing for the City. Mr. Coleman agreed that this was something that had to be done in order to build and occupy these structures. Mayor Pro Tem Crites asked whether, as a general policy, it would be worthwhile looking at things like this to make sure it is completely revenue neutral to the City. Mr. Coleman said he felt it was a good policy to do so. Mr. Coleman noted for the record that as a normal practice, when bonds are either issued for an assessment district or refund, staff likes to look at what is known as a ratio of value to lien. This is the value of the property that is in the assessment district divided by the actual dollar amounts of the lien or bonds being issued. Very conservative numbers are used, and they are high. The standard is 3 to 1, but with the report being given to Council, it is actually 2.84 to 1. He pointed out the methodology used to come up with the value of the property, noting that the County Assessor's records were used, and the valuation is basically based upon the taxable rather than market value. The County Assessor has the average homesite being $67,000 in Bighorn. The recent sales showed that those homesites sell anywhere from $800,000 to $1.4 million, so there is a very conservative method of assessed valuation to come up with it. Based on that, staff was still recommending the issuance of the refunding bonds because the value is there. In addition, there had not been a single delinquency since this district was formed. Mayor Pro Tem Crites moved to waive further reading and adopt: 1) Resolution No. 04-3, intending to levy reassessments and to issue refunding bonds for Assessment District No. 98-1 Limited Obligation Improvement Bonds (Reassessment and Refunding of 2004); 2) Resolution No. 04-4, adopting reassessment report, confirming and ordering the reassessment pursuant to summary proceedings; and directing related actions for Assessment District No. 98-1 Limited Obligation Improvement Bonds (Reassessment and Refunding of 2004); 3) Resolution No. 04-5, authorizing the issuance and sale by the City of Palm Desert of not to exceed $4,075,000 aggregate principal amount of its Assessment District No. 98-1 Limited Obligation Improvement Bonds (Reassessment and Refunding of 2004)) Series 2004; approving as to form and authorizing the execution and delivery of certain documents in connection therewith; and approving certain other matters relating thereto. Motion was seconded by Ferguson and carried by a 5-0 vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 XV. CONTINUED BUSINESS A. RESOLUTION NO. 04-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO ABANDON A PORTION OF PUBLIC RIGHT-OF-WAY AFFECTING LOT 11 OF BLOCK 7, AS DESCRIBED AS A PUBLIC RIGHT OF WAY AS SHOWN ON THE PALMA VILLAGE UNIT NO. 5 AND LOT 25 OF PALMA VILLAGE GROVES SUBDIVISION MAP UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS & HIGHWAYS CODE, AND FIXING ATIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT (SAN PABLO AVENUE NORTH OF SAN GORGONIO WAY) (Prest-Vuksic Architects, Applicant) (Continued from the meeting of January 8, 2004). Mr. Ortega noted that this matter had been continued by Council with a request for a specific map of the right-of-way that staff is recommending be vacated. Mr. Greenwood reviewed the staff report and recommendation, noting that vacation and dedication of right-of-way was in the conditions of approval. Upon question by Mayor Spiegel, Mr. Greenwood responded that if this was not approved, the building would be in the public right-of-way. He noted that some of the architectural protrusions were actually in the existing right-of-way. He added that this process is normally completed prior to construction of the building, although that did not happen in this case because staff felt there would be no problem since it was all in the conditions of approval. Mayor Pro Tem Crites moved to waive further reading and adopt Resolution No. 04-1. Motion was seconded by Ferguson and carried by a 5-0 vote. On a related issue, Council asked staff to return a report to the Council, providing the status of bus shelter construction for the Portofino and Sabby Jonathan projects. XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF WELL SITE IMPROVEMENTS AT FRED WARING DRIVE AND SAN PASCUAL AVENUE (CONTRACT NO. C21560). Mr. Ortega reviewed the staff report and offered to answer any questions. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 Mayor Pro Tem Crites moved to, by Minute Motion: 1) Award the subject contract for well site civil improvements at the future CVWD (Coachella Valley Water District) well site at San Pascual Avenue and Fred Waring Drive in the amount of $75,500 for the base bid to Cora Constructors, Palm Desert, California; 2) authorize the Mayor to execute said contract; 3) authorize the Finance Director to set aside the amount of $7,550 as 10% contingency (use of contingency requires additional action) for this work — funds for the base bid plus contingency are available in the Capital Improvements Project Budget (Account No. 400-4384-433-4001). Motion was seconded by Benson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF NEW ROUTING FOR SHOPPER HOPPER PROGRAM. Business Support Manager Ruth Ann Moore reviewed the staff report and proposed two new routes which would include hotels and The Living Desert. She said staff recommended approval of these changes, and she offered to answer any questions. Councilmember Benson said she would like to see a monthly report on the hotels/The Living Desert route to see how it operates and to see if there are any days it is at peak. Upon question by Councilman Ferguson, she said these vehicles would stop at specific times and locations as shown on the maps on El Paseo. The courtesy cart program would work more as a loop system or flag -down taxi system where individuals could request the courtesy cart to take them to specific places on El Paseo. Upon question by Mayor Pro Tem Crites regarding the deletion of the portion of the existing route that went past the Mervyn's shopping center, Ms. Moore responded that this portion had been removed in order to add the two hotels on the south side of Highway 111 and keep the route to one hour. Councilman Kelly said he looked forward to the time when another Shopper Hopper can be added so that there would be coverage of the area that was deleted. He said he felt it was important to have some kind of promotion so that the hotels are kept aware of the program. Upon question by Councilman Ferguson, Ms. Moore responded that there will be maps at each of the stops which will include pickup times. Councilman Kelly moved to, by Minute Motion, authorize routing of the Shopper Hopper to include a north/south route, which will stop at the hotels in the north sphere and at The Living Desert. Motion was seconded by Ferguson and carried by a 5-0 vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 C. CONSIDERATION OF REPORT FROM THE MARKETING COMMITTEE RELATIVE TO A PALM DESERT MAGAZINE. Mr. Ortega noted the staff report and recommendation in the packets. Councilman Crites noted that Item 3 of the recommendation was to direct staff to work with The Desert sun and Desert Springs Resort for purchase and placement of the new magazine in hotel rooms for a three-month trial period. He said he felt Desert Springs was an appropriate spot to try the magazine out, but he was not satisfied that it was enough of a spot. He felt people at Shadow Ridge and Intrawest, where people stay for longer periods of time, would be more likely than hotel guests to use this kind of publication. He suggested that staff be directed to go back and do a much larger initial trial period. He also felt smaller hotels should be included in the trial. Councilman Ferguson noted that the Marketing Committee met and felt there was merit to the City purchasing advertising in such a publication if it comes into existence and there was also merit to putting them into the hotels. He said he spoke with Tim Sullivan, General Manager of Marriott's Desert Springs, and he advised they sell approximately 15,000 room nights per month and that he figured one in three of the guests would actually take this magazine back with them to wherever they came from. This would put — approximately 5,000 Palm Desert Magazines on coffee tables in places other than here, and this was way beyond what the City could ever afford if it were to purchase advertising in those markets. He felt the Marketing Committee had done a very good job of analyzing this and scrubbing through it. While they thought it was neat to send one of these to all of the City's residents, they felt it was important to sell non-residents on Palm Desert rather than people who already live here. While severing a connection between the City of Palm Desert and this magazine formally, they still felt it had merit as a freestanding publication. He said he had spoken with Mr. Dickey this morning, and he indicated he was 85% certain he would move forward if the City planned on utilizing it in the way staff recommended. He added that as part of the staff report and recommendation, Mr. Jones was free to come to the Marketing Committee to put forth his proposal. Mayor Pro Tem Crites moved to, by Minute Motion: 1) Concur with the recommendation of the Marketing Committee to decline offer to sponsor the Palm Desert Magazine as proposed by the Desert Sun in the amount of $100,000; 2) direct staff to work with the Desert Sun for purchase of one -page, four-color ads for a three-month trial period (April, May, June); 3) direct that the trial period placement of the new magazine in hotel rooms be expanded to include both timeshare properties and a full range of hotel properties in the City of Palm Desert, with staff directed to return with said representative sample and what the costs for obtaining this magazine would be for City Council consideration prior to any commitments being made; 4) schedule a presentation to the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 Marketing Committee of a proposal by Palm Springs Life. Motion was seconded by Ferguson and carried by a 5-0 vote. D. PRESENTATION OF AUDIT REPORT FROM WASTE MANAGEMENT AND REQUEST FOR DIRECTION ON FUTURE RECYCLING PROMOTIONS. Councilman Ferguson said he would have to recuse himself and leave the dais, as he represents Waste Management. Mr. Ortega noted that this matter had been before Council previously, and Council had requested additional information. He noted the staff report in the packets and added that representatives from Waste Management were available to answer any questions. Councilman Kelly said he felt there should be direct contact with people who do not have a recycle bin. While sending out brochures to everyone is good, a lot of people do not recycle at all, and he would like to see something directed at those people. He said he would also like to have staff put together an analysis and report on the complications and benefits of mandatory recycling. He noted that when the City first started with recycling, there was approximately 60% participation; now it is at approximately 50% participation. With regard to households with manual pickup, he asked if they have the option of having a recycle bin. MR. FRANK ORLETT, District Manager of Waste Management of the Desert, noted that all of the manual customers, except for one gated community, have recycling bins and have the option of recycling. He stated that it was the three -crate system that was in existence prior to the automated pickup system. Councilman Kelly asked if they could be given the single recycling bin the same as other residences, and Mr. Orlett responded that they could have it if they wanted it and requested it. Councilman Kelly said the single recycling bin system is so much easier than the three -crate system, and he did not feel the residential customer was being reached and informed about how simple it is to recycle. MR. ORLETT responded that in the gated communities, they dictate to Waste Management the kind of service level they want rather than the other way around. Mayor Pro Tem Crites said Council needed to know from staff and Waste Management what it is that can be done to help encourage these communities to move forward on this. He added that this is about public policy. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 Mayor Spiegel said he felt the City needed to sit down and talk with representatives of the various homeowners associations. He said he had spoken with a gentleman who lives in Los Angeles, owns a place in Palm Valley Country Club, and comes out to Palm Desert on the weekends. There is no pickup on the weekends, and he cannot leave his bin out because he gets fined by the homeowners association at Palm Valley. This gentleman would love to recycle, but he cannot do so. MR. ORLETT noted that they actually had at one time a drop-off location at their facility for trash for Palm Valley Country Club and for recycling for those residents. Councilmember Benson asked if there was a drop-off place within Palm Valley for them to use, and Mr. Orlette responded that he did not know if there was a commercial container for them to do that, although it was something he could look into. With regard to the audit itself, he noted that this was a snapshot of what was happening in a one -week period and was not a reflection of what happens every week. He stated that in the three-year period from 2001-2003, the amount of trash that went to the landfill had gone down, while the recyclables had gone up, so the program was working. Councilman Kelly noted that at his own home, the amount of recyclables was three to four times the amount of actual trash, while the report showed a very small percentage of recyclables compared to the trash. He felt something needed to be done to increase the recycling effort. Mayor Pro Tem Crites said he would like to know what kinds of things the City needs to do to help Waste Management make those percentages better. Mayor Pro Tem Crites moved to, by Minute Motion, direct staff to work with Waste Management to identify ways the City can directly increase the recycling effort and return with a recommendation at the City Council Meeting of February 26, 2004. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XVII. PUBLIC HEARINGS A. CONSIDERATION OF APPROVAL FOR THE PREZONING OF 262.77 ACRES SOUTH OF THE CITY BOUNDARIES TO OPEN SPACE/PUBLIC RESERVE (OS/PR) FOR THE PURPOSE OF ANNEXATION OF THE AREA TO THE CITY OF PALM DESERT AND APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PERTAINING THERETO Case No. C/Z 03-06 (City of Palm Desert, Applicant). Mr. Drell reviewed the staff report and offered to answer any questions. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilmember Benson moved to waive further reading and pass Ordinance No. 1060 to second reading, prezoning the subject property. Motion was seconded by Ferguson and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Reminder to Adjourn this Meeting to Thursday, January 29, 2004, at 8:30 a.m. for the Continued General Plan Public Hearing. Mrs. Klassen reminded Council to adjourn this meeting to Thursday, January 29, 2004, at 8:30 a.m. for the continued General Plan Public Hearing. 2. Reminder of Study Session with 37`" District Senator Jim Battin on Friday, January 23, 2004, at 11:30 a.m. at Desert Willow. Mrs. Klassen reminded Council of this Study Session. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. City Councilmembers concurred that a Study Session at the Entrada del Paseo site would be held Monday, January 26, 2004, at 9:00 a.m. o City Council Committee Reports: See reports provided in City Council Comments. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 o City Council Comments,: 1. City Council Liaison Reports. a) TIP Proaram — Councilmember Benson commented that on Monday this week, she attended the second graduation of the TIP Program (Trauma Intervention Program). She said 12 more participants graduated, in addition to the first class of 24 that graduated in October. Since that time, participants have answered over 100 calls— unattended deaths, drowning incidents, shootings — and law enforcement gave praise for the work being done. She said it had become a habit for officers to call TIP immediately on any call where trauma was involved. She added that the program was well represented throughout the Valley, and in fact, this summer they want to start a Teen TIP Program. She believed it was money well spent for a community effort to assist law enforcement in the Valley. Councilman Kelly commented that he'd received the same great report at the Cove Commission; the Sheriff's officers were extremely pleased. b) "Project Planet" — Councilman Ferguson reported that at the Hotel/Lodging Investment Summit that he and Mayor Spiegel just attended in Los Angeles, he met a representative of "Project Planet." He said some interesting statistics on water conservation were presented: a 100-room hotel with 65% average occupancy (less than Palm Desert's typical) can save $22,000/year in cost by placing a sign in their rooms to invite guests to reuse their towels and sheets during their stay. More importantly for him, that hotel would also save 72,000 gallons of water/year. He said by applying those figures to Palm Desert, 1.5 million gallons of water could be saved. He said it would not impose anything on the guest, as it would be their choice. He talked to Tim Sullivan at the Marriott, and they don't have such a program, but there was no reason why they couldn't or shouldn't. He asked his colleagues if they'd like to take a shot at saving 1.5 million gallons of water by working with the hotels to encourage participation in this program. He noted that 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 many cities already did something similar, in fact, some had codes to require it. With City Council concurrence, this idea was given to the City Manager's Office for followup. c) Palms To Pines East — Mayor Spiegel stated that he and Mr. Ortega met with the leasing agent for this Center to ask why the parking lot wasn't repaired and why Staples wasn't repainted. The answer was that there were three different owners of the Center; two of them have agreed to everything that needed to be done, the third just needed to sign the paperwork. The City offered that if it could do anything to this end, it would do so. The Agent confirmed that he was waiting to repaint Staples with the completion of the renovation work there, since the cost would be half of what it would be to repaint now. As the Big 5 store was relocating to one of the new centers in La Quinta, it wasn't interested in doing anything. There is a lease out for both the former Staples store and the Big 5 store, and the agent thinks they will be on board once the lease is signed. He felt the Center should be given another week to see if the deals could be closed. d) Supervisor's Quarterly Meeting — Mayor Spiegel commented that he and Mr. Ortega participated in Supervisor Wilson's Quarterly Meeting with the cities. He noted the following information from that meeting: Indian Wells -- considering a planted median on Highway 111; going out to bid on Fred Waring improvements this summer, with completion by the end of 2005. Additionally, the proposed restaurant district by Miles Avenue was not dormant but was being considered for expansion so that it would be on both sides of Miles. Rancho Mirage — went out to bid for its new library, and it came in 22% over budget; now they're back to the drawing board. It was noted that the Valley was so busy with building projects that nearly everything was coming in over budget. Mr. Ortega noted that the largest topic of discussion was the impact of the Governor's budget cuts on the County. Mayor Spiegel added that Supervisor Wilson planned to host a local meeting for various State 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2004 officials to meet with him and representatives of local cities to show the need for keeping the budget going in the right direction. XIX. ADJOURNMENT Councilmember Benson moved to adjourn the meeting at 5:35 p.m. to 11:30 a.m. Friday, January 23, 2004, for a Study Session with 37th District Senator Jim Battin, followed by the Joint Study Session at Entrada del Paseo on Monday, January 26, 2004, at 9:00 a.m. Motion was seconded by Ferguson and carried by a 5-0 vote. ATTEST: R A HELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ./gp4.,94 ROBERT A. SPIEC=R 21