HomeMy WebLinkAbout2008-01-10MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 10, 2008
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Benson convened the meeting at 3:01 p.m.
II. ROLL CALL
Present:
Councilman Jim Ferguson
Councilmember Cindy Finerty
Councilman Richard S. Kelly
Mayor Pro Tem Robert A. Spiegel
Mayor Jean M. Benson
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Homer Croy, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
David Yrigoyen, Director of Redevelopment & Housing
Frankie Riddle, Director of Special Programs
Jorge Rodriguez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./CalFire
Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APN 628-130-008
Negotiating Parties:
Agency: Carlos L. Ortega/Ryan Stendell/City of Palm Desert
Property Owner: David Nelson
Under Negotiation: x Price x Terms of Payment
2) Property: APN 628-130-011
Negotiating Parties:
Agency: Carlos L. Ortega/Ryan Stendell/City of Palm Desert
Property Owner: City of Palm Desert
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Mr. Erwin requested the City Council's consideration of adding an item of potential
litigation to the Closed Session agenda by four -fifths vote: Discussion of the Kemper
Contract.
Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council,
1 case of potential litigation pursuant to Government Code Section 54956.9(b) was added
to the agenda.
In response to Councilmembers' questions and comments regarding the annual
Committee and Commission appointment/reappointment process, Mrs. Klassen
agreed to provide a consolidated list with the names of those who Councilmembers
have indicated a desire to reappoint and current vacancies. An item for this
discussion would be placed on the agenda for the January 24, 2008, Regular City
Council Meeting.
Upon a motion by Ferguson, second by Spiegel, and 5-0 vote of the City Council,
Mayor Benson adjourned the meeting to Closed Session at 3:05 p.m. She reconvened the
meeting at 4:00 p.m.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008
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 - Mayor Pro Tem Robert A. Spiegel
VII. INVOCATION - Councilman Richard S. Kelly
VIII. ORAL COMMUNICATIONS - B
MR. TOM WIXON, Director of Public Relations, College of the Desert (COD),
Palm Desert, CA, addressed the City Council to enlist support for passage of
Proposition 92 - The California Community College Initiative - on the February 5,
2008, California Consolidated Presidential Primary Election. He said Prop. 92 may
not get the attention it deserves, appearing on that same ballot, but it was very
important to the vitality of California's Community Colleges. It lowered fees to
$15/unit and would help secure the necessary resources in the future to keep
Community Colleges growing and affordable by providing adequate and stable
funding. He noted that for every tax dollar invested, Community Colleges returned
$3.00 to the community. Therefore, he urged everyone to consider a "Yes" vote for
Proposition 92 on February 5. He provided a supply of fact sheets on Prop. 92 to
the City Clerk for anyone who was interested.
MS. JOELLE LEVY, Palm Desert High School student, approached the City Council
to request funding assistance for establishing a Literature Club at her school that
would help girls her age participate in a wholesome activity so that they could avoid
the dangerous choices for their attention that some were now making, such as
"MySpace," drinking alcohol, and boys. She related that over the summer she had
written to Warren Buffet and his daugher, Suzy Sherwood, asking for their
sponsorship of her club that would gather and recruit all girls in her school to read
literature and formulate better lifestyle choices that would lead to good outcomes
down the road. She asked the City Council to provide the matching grant that
Ms. Sherwood requested. Funds would provide the books and a qualified, paid
supervisor, which she felt was an important aspect of the proposal. She offered to
provide quarterly reports on the City's investment and also to provide a copy of
Ms. Sherwood's letter for the record.
Mayor Benson responded that the City has an annual process for funding of such
endeavors, and if Ms. Levy provided a copy of the letter and her mailing address,
one of the applications could be sent to her for the upcoming cycle.
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MR. JOSHUA CHAO and MR. MATTHEW HARGREAVES spoke about
Palm Springs High School's International Business Club and the Asian American
Expo coming up in Pomona, California. Thirty-one students planned to attend the
Expo, January 19-20. Club Advisor Mr. Chao explained that they offered a Money
Marketing and Management Academy, and one of the new activities planned for this
year was exposing students to different cultures and marketing the beautiful
Coachella Valley. He said the Asian American Expo was one of the biggest
gatherings for Asians outside of Asia, with an estimated 50,000 expected to attend
the traditional Chinese monthly gathering. The Club would be hosting a booth
there, and he was training the students how to market the Coachella Valley through
that effort. He said this presentation was part of the student public training, which
also included working with other agencies, teamwork, and critical thinking, with the
goal of raising future business leaders. He also trained them in Chinese to invite
people to come to the Valley and looked forward to coming back to in the future to
show pictures of their Expo experience. He thanked the City Council for allowing
his student to practice public speaking in this forum.
MR. ROB BALLEW, Family YMCA of the Desert, Palm Desert, CA, stated he was
very proud of the City of Palm Desert and its Council for making the decision to fund
two motorcycle officers to work in the City of Desert Hot Springs. It was a much -
needed undertaking there; and once again, it showed how much Palm Desert cares
for the entire Coachella Valley. Secondly, he related that in November he had the
pleasure of attending the Art of Food & Wine Festival for the first time, where he
met a lot of new people and had a great time. He felt it was a great product and
hoped everyone could come together with a lot more people if it continues, because
it really does showcase the City and the Coachella Valley in a wonderful way.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO THE PALM DESERT CITY COUNCIL BY
QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF
THE 2008 RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL.
MS. BARBARA CRESON, "Queen Mom," presented the Queen's Court:
MS. DESIREE PORRAS, Queen Scheherazade; MS. COURTNEY LEE,
Princess Dunyazade; and MS. RITA SANDOVAL, Princess Jasmine. Each
of the ladies greeted the Agency Board/City Council and personally invited
them and all present to visit and enjoy the upcoming Fair, February 15-24,
highlighting the many events and activities to be held there this year. They
also thanked the City for its continued support of the Fair and provided
brochures and lapel pins to the City Councilmembers.
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B. APPOINTMENTS TO THE YOUTH COMMITTEE.
Mayor Pro Tem Spiegel moved to, by Minute Motion, appoint Carl Gerhardt and
Anna Miller to the Palm Desert Youth Committee for a one-year term (12/31/08) to fill the
vacancies of Kevin Francis and Christina Sun, respectively. Motion was seconded by
Finerty and carried by 5-0 vote.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of December 13, 2007, and
December 27, 2007.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 135, 136, 140, 141, 145, 146, 150, and 151.
Rec: Approve as presented.
C. CITY/AGENCY COMPLIANCE ANALYSIS and Investment Reports for the
Months of September 2007 and October 2007 (Joint Consideration with
the Palm Desert Redevelopment Agency).
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Little Dono
Sushi, Inc., 72-840 Highway 111, Unit #S343, Palm Desert.
Rec: Receive and file.
E. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Marketing Committee Meeting of November 27, 2007.
2. Parks & Recreation Commission Meeting of November 6, 2007.
3. Youth Committee Meeting of November 5, 2007.
Rec: Receive and file.
F LETTER OF RESIGNATION from Ray Lopez - Architectural Review
Commission.
Rec: Receive with very sincere regret.
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G. RESIGNATION of Alec Ferguson - Youth Committee.
Rec: Receive with very sincere regret.
H. REQUEST FOR APPROVAL of Change Order No. 2 to Contract
No. R23210 — Construction of Freedom Park (Joint Consideration with the
Palm Desert Redevelopment Agency).
Rec: By Minute Motion: 1) Approve the Riverside County Department of
Environmental Health's required changes to the Freedom Park
Concession Building; 2) approve Change Order No. 2 in the amount
of $23,765.75 to the subject contract with Simon Contracting, Indio,
California, and allocate funds for the aforementioned changes to the
Freedom Park Concession Building from the Freedom Park project
contingency, Account No. 851-4670-454-4001.
I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R23210 —
Construction of Freedom Park (Simon Contracting, Indio, CA) (Joint
Consideration with the Palm Desert Redevelopment Agency).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26030A —
Street, Sidewalk, and Bus Pad Improvements for the Westfield Bus Bay
Project (Contreras Construction Company, Indio, CA).
Rec: By Minute Motion, accept the work as complete and authorize the City
Clerk to file a Notice of Completion for the subject project.
K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24720A —
Construction of the Country Club Drive Sidewalk Improvements Along the
Frontage of Palm Desert Greens (Project No. 699-06) (Contreras
Construction Company, Indio, CA).
Rec: By Minute Motion, accept the work as complete and authorize the City
Clerk to file a Notice of Completion for the subject project.
L. REQUEST FOR APPROVAL of a $200 Increase to the Public Works
Department Petty Cash Limit.
Rec: By Minute Motion, approve an increase to the Public Works
Department Petty Cash Fund in the amount of $200.
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M. REQUEST FOR APPROVAL of Agencies to Provide Temporary Staffing
Services for Fiscal Year 2007/08.
Rec: By Minute Motion, identify and approve the agencies listed within the
accompanying staff report for this item as eligible to provide
temporary staffing services to the City of Palm Desert on an as -
needed basis for the balance of Fiscal Year 2007/08 in an amount not
to exceed $50,000 — funds for this purpose are available in the
approved FY 2007/08 Budget.
N. REQUEST FOR APPROVAL of Out -of -State Travel for the City's Senior
Engineer/City Surveyor to Attend 2008 California Land Surveyors
Association Annual Conference.
Rec: By Minute Motion, approve out-of-state travel for the Senior
Engineer/City Surveyor to attend the subject conference in Reno,
Nevada, February 23-27, 2008 — funds for this purpose in the
estimated amount of $1,365 are available in Account
No. 110-4614-453-3120.
Upon a motion by Spiegel, second by Kelly, and 5-0 vote of the City Council, the
Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008
XIV. NEW BUSINESS
A. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC
NUISANCE FOR PROPERTY LOCATED AT 77-740 DELAWARE PLACE,
PALM DESERT Case No. 07-3553 (Manuel Sanchez, Appellant).
Code Compliance Manager Hart Ponder noted the staff report and stated in
addition to the photographs included in the packet, he had recent color
photos that showed the situation still existed. He said neighbors complained
to the City about the situation. The property owner possesses a Home
Occupation Permit but was not abiding by the guidelines. Code Enforcement
has dealt with this matter for the past three years, and they've educated the
property owner on what needed to be done in order to come into compliance;
he came into compliance and later fell out. The size and extent to which he
was out of compliance affected the neighborhood. It was out of proportion
for what a Home Occupation Permit allowed, which included a home office,
incidentals, and occasional supplies. Staff recommended that Council
uphold the Order to Abate. The Appellant was informed to remove items and
screen them from public view.
Mayor Benson asked if the property owner was running a nursery business
from his home.
Mr. Ponder responded that the property owner owned a nursery business
with a Home Occupation Permit. Usually a nursery business that's
conducted in the appropriate zone displayed the same type of storage items
as seen in the photos. However, this was a residential area, which would be
fine if it was just incidental items. He said the neighbors had been
complaining, and the situation reached a point where the property owner
needed to come into compliance.
Councilmember Finerty asked if the Conditions of Approval were given to the
property owner when he applied for the permit and if he understood them,
specifically referring to Item 3 of the Conditions of Approval included in the
staff report.
Mr. Ponder responded he felt the Appellant understood, because Code
Enforcement had been pointing out to him for the past three years that he
was not in compliance. They have explained why this requirement was so
important in maintaining the quality of life in a residential zone.
Mayor Benson asked where his regular business was located.
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Mr. Ponder responded his business was conducted from his home at this
location.
Councilman Ferguson asked if the two improved structures shown on the
aerial photos belonged to the Appellant.
Mr. Ponder responded it was one lot, and the whole property belong to the
Appellant.
Responding to question about the color photos with the street sign going left
and right with a long driveway, Code Compliance Officer Johnny Terfehr,
who took the pictures, explained Robin Lane was the rear entrance to the
property, and the main entrance to the property was in front on Delaware
Street. Upon further question, he said Robin Lane appeared to be an alley
way.
Mr. Ponder pointed out Robin Lane was open to the public for travel.
Councilman Ferguson asked how many times had the property owner been
cited.
Mr. Ponder responded that several unofficial contacts were made in order to
avoid a formal complaint. However, within the past three years, three
different Code Enforcement officers have made contact with the property
owner; they've provided a copy of the Ordinance and explained what needed
to be done in order to come into compliance. Staff believed the Appellant
was well aware of the situation because he's complied in the past. Code
Enforcement was now officially addressing the matter, because he's refused
to come into compliance this time.
Councilman Ferguson asked staff if Mr. Sanchez, the Appellant who
requested the appeal, was in attendance.
Mr. Ponder responded Mr. Sanchez didn't appear to be in attendance today.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Make a determination and
finding that the storage of gardening materials, landscape construction materials, and other
items referenced as such at 77-740 Delaware Place is a public nuisance pursuant to
Section 8.20.020, Chapter 8.70, and Chapter 25.15 of the Palm Desert Municipal Code;
2) uphold the Order to Abate for the subject property. Motion was seconded by Finerty and
carried by a 5-0 vote.
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B. REQUEST FOR APPROVAL OF TRACT MAP NO. 35426 AND A RELATED
GRANT OF EASEMENT (Starwood/WVC Rancho Mirage, Inc., Applicant).
Mr. Erwin requested that Council consider approval of recommendation
No. 1-Resolution No 08-1, but continue recommendation No. 2-Grant of
Easement for at least two more meetings.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No.
08-1, approving the map of Tract No. 35426. Motion was seconded by Kelly.
Councilmember Finerty stated she would be voting against this item because
it was related to the four-story timeshare at Desert Willow, which she
opposed.
Mayor Benson called for the vote, and the motion carried on a 4-1 vote, with Finerty
voting NO.
Mayor Pro Tem Spiegel moved to continue the authorization to execute a Grant of
Easement to WVC Rancho, Inc., to the meeting of February 14, 2008. Motion was
seconded by Ferguson and carried by a 4-1 vote, with Finerty voting NO.
C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE AREA NO. 1 TO VINTAGE ASSOCIATES (CONTRACT
NO. C27180, PROJECT NO. 901-08).
Mr. Ortega noted Items C, D, and E were all related and could all be
considered jointly.
Mayor Pro Tem Spiegel wondered if funds were available in the budget,
because the contract wasn't going to be awarded to the lowest bidder, as it
was found to be non -responsive.
Landscape Manager Spencer Knight confirmed funds were available for the
remainder of the year.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Deem lowest bids by RZ
Landscape, Indio, Califomia, and Westcape, Coachella, Califomia, non -responsive;
2) award the subject contract to Vintage Associates, Bermuda Dunes, California, in the
amount of $106,000 and to include extra work and services at the specified contract
amount; 3) authorize the Mayor to execute said contract — funds are available in Account
No. 110-4614-453-3320. Motion was seconded by Finerty and carried by a 5-0 vote.
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D. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE AREA NO. 2 TO VINTAGE ASSOCIATES (CONTRACT
NO. C27190, PROJECT NO. 902-08).
Mr. Ortega noted Items C, D, and E were all related and could all be
considered jointly.
Mayor Pro Tem Spiegel wondered if funds were available in the budget,
because the contract wasn't going to be awarded to the lowest bidder, as it
was found to be non -responsive.
Landscape Manager Spencer Knight confirmed funds were available for the
remainder of the year.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Deem lowest bids by RZ
Landscape, Indio, California, and Westcape, Coachella, California, non -responsive;
2) award the subject contract to Vintage Associates, Bermuda Dunes, California, in the
amount of $126,000 and to include extra work and services at the specified contract
amount; 3) authorize the Mayor to execute said contract — funds are available in Account
No. 110-4614-453-3320. Motion was seconded by Finerty and carried by a 5-0 vote.
E. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE AREA NO. 7 TO SIERRA LANDSCAPE COMPANY
(CONTRACT NO. C27200, PROJECT NO. 907-08).
Mr. Ortega noted Items C, D, and E were all related and could all be
considered jointly.
Mayor Pro Tem Spiegel wondered if funds were available in the budget,
because the contract wasn't going to be awarded to the lowest bidder, as it
was found to be non -responsive.
Landscape Manager Spencer Knight confirmed funds were available for the
remainder of the year.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Deem lowest bids by RZ
Landscape, Indio, California, and Westcape, Coachella, California, non -responsive;
2) award the subject contract to Sierra Landscape Company, Palm Desert, Califomia, in
the amount of $85,380 and to include extra work and services at the specified contract
amount; 3) authorize the Mayor to execute said contract — funds are available in the
respective Landscape and Lighting Assessment District Accounts. Motion was seconded
by Finerty and carried by a 5-0 vote.
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F. REQUEST FOR AWARD OF CONTRACT TO VERSA LANDSCAPE, INC.,
FOR THE PORTOLA AVENUE BRIDGE OVER THE WHITEWATER
CHANNEL LANDSCAPING AND IRRIGATION PROJECT (CONTRACT
NO. C22870D, PROJECT NO. 647-L-04).
Mayor Pro Tem Spiegel asked about the location of the proposed
landscaping.
Landscape Manager Spencer Knight responded it would be on both sides of
the bridge. On the north end of the bridge, the landscape will go in on the
east and west sides; and on the south end of the bridge, it will go in by the
school, by Magnesia Falis, on the east side.
Responding to question about the sidewalk, City Engineer Bo Chen stated
the City currently had a project constructing the sidewalk on the east side of
the bridge to Magnesia Falis and confirmed the landscape will go in front of
the wall. Upon further question, he said there was existing sidewalk on the
west side.
Councilman Kelly asked about progress on the work that needed to be done
on the west side by the mobile home park.
Mr. Chen responded it was in the initial design phase. Staff was in the
process of determining where the right-of-way was, looking at environmental
issues and acquiring additional property if necessary. Upon further question,
he confirmed everyone was aware it was an important project.
Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to
Versa Landscape, Inc., Corona, Califomia, in the amount of $53,730; 2) set aside a 10%
contingency for the project; 3) authorize the Mayor to execute the agreement — funds are
available in Account No. 400-4359-433-4001. Motion was seconded by Spiegel and
carried by a 5-0 vote.
G. REQUEST FOR AUTHORIZATION OF THE PURCHASE OF TRAFFIC
SIGNAL EQUIPMENT FOR 15 INTERSECTIONS ON HIGHWAY 111 AND
HIGHWAY 74.
Mayor Pro Tem Spiegel noted the City was taking over Highway 111 and
Highway 74 from the State, and staff was purchasing equipment to make
traffic move more quickly. Transportation Engineer Mark Diercks agreed.
With regard to the Portola Avenue stop lights at Frank Sinatra Drive and
Gerald Ford Drive, Mr. Diercks responded the City had planned to install the
signal lights, but it's been delayed because of the two property projects on
the west side. Those projects were not developed as expected. Staff didn't
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want to build a signal and then have to redo it; staff was waiting for both
corners to be developed to put the signal Tight in. He said the signal could
be installed now, but it would be obsolete, because both corners on the west
side needed to be widened. In further response, Mr. Diercks responded the
City could widen the corners, but it would have to be with City funds.
Mayor Pro Tem Spiegel stated agreements would need to be acquired from
the property owners so they could then pay for it down the line. He
requested staff look into a timeline for the possibility of doing that, as he
anticipated that once Portola Avenue opened up to Dinah Shore, it will be a
major way to get through the City.
Mr. Diercks agreed to look into it.
Councilman Kelly asked what would happen if the California Transportation
Commission (CTC) didn't approve the take over of Highways 111 and 74.
Mr. Diercks responded staff was just waiting on a formality, as the item was
on the Riverside County TC agenda scheduled in February. Upon further
question, he said the purchase could be postponed, but there was a 12- to
16-week delay in getting the equipment delivered, and it would take longer
to get the controller in. He confirmed the stop lights were already there.
Councilman Kelly stated CVAG just spent a couple of million dollars to
synchronize all the signals. He felt it would be prudent to delay the purchase
for a month until the California Transportation Commission approved the
takeover.
Mr. Ortega stated Council previously directed staff to negotiate a
reimbursement agreement, and everything was done. He agreed with staffs
comment that it was just waiting on a formality. He said Council could delay
and not hurt anything. On the other hand, the traffic signals could be
purchased and ready for installation once the City took over the highways.
He didn't see a drawback in going ahead with the purchase.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Authorize the purchase of
traffic signal equipment from Econolite Control Products, Anaheim, California, to upgrade
15 signalized intersections on Highway 111 and Highway 74 in the amount of $92,355.62,
subject to final approval of the State's relinquishment of Highway 111 and Highway 74;
2) appropriate said funds to Account No. 110-4250-433-3325 for this purpose. Motion was
seconded by Kelly and carried by a 5-0 vote.
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H. REQUEST FOR APPROVAL OF THE PALM DESERT ART OF FOOD AND
WINE FESTIVAL.
Following is a verbatim transcript of the subject item of business.
Key
JMB Jean M. Benson, Mayor
CLO Carlos L. Ortega, City Manager
DJE David J. Erwin, City Attorney
RAS Robert A. Spiegel, Mayor Pro Tem
RSK Richard S. Kelly, Councilman
KS Ken Schwartz, General Manager, Desert Springs J.W. Marriott Resort & Spa
JM John Marman, President of the Sister Cities Foundation/Chairman of the 2007
Riverside County National Date Festival and County Fair.
WP Woody Peek, Vice President Travel Industry, Sales & Membership/PSDRCCVA
BS Beverly Starcher, Palm Desert resident
DF Dianne Funk, Palm Desert resident
DH Debbi Hinton, Executive Vice President for KCET/General Manager of KCET Desert
Cities
KK Kristy Kneiding, Marketing Manager
JF Jim Ferguson, Councilman
CF Cindy Finerty, Councilmember
RDK Rachelle D. Klassen, City Clerk
JMB Next item is request for approval of the Palm Desert Art of Food and Wine Festival.
CLO Well Mayor...you do have a staff report with two recommendations. I should point
out that if you do...pass a motion approving...the program...that you also give the
directive to the City Attorney to review the agreement...and to add the conditions on
page two as recommended by staff —rather the changes to the agreement. Other
than that, staff has no other comment unless you have questions.
DJE Could I comment, if I might, Madam Mayor? I'd like to not be limited by what is in
the staff recommendation but at least to look at the entire contract.
JMB I didn't hear what you said.
DJE Basically, what I... I have no problem with the recommendations, but I would not
want to be limited only to that, in looking at the contract.
RAS I'm not sure what that means.
RSK I'm not sure what you mean either.
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DJE If I go through the contract, and I see something that is different than the three
recommendations, I'd like to be able to recommend to the Council that that be part
of it —an amended contract.
RAS So in other words, if we approve it tonight, it would be with the understanding that
the contract with Kemper would have to be approved by you. Is that correct?
DJE That's correct.
RAS Okay, thank you.
JMB Okay I do have some people that would like to speak on this. And the first one is
Ken Schwartz.
KS Good evening.
JMB Welcome.
KS Thank you for having me here. I just wanted to speak on behalf of the Art of Food
and Wine, and I've been reading in the newspaper several different points, just
wanted to bring up a little different view on it. And that was the actual birth of it to
where it is now and to where hopefully it will go. And I just wanted to say that... this
was a partnership at the beginning between Marriott and the City of Palm Desert,
and we had this idea to start something new. Something that would grow and
become something even more. Something, hopefully along the line, some day of
an Aspen or a South Beach. And I can tell you this, that it's well on its way from
seeing the first year, to then seeing the attendance the second year, to Kemper's
participation the second year, and the job they did in making it a much more...
elaborate function. A function that...is, is bordering on becoming a world -class
event. We need more events like this in Palm Desert to help us with tourism. And
as the business person connected to the Marriott, this is exactly what we face going
up against other cities and competition from other locations. When we have an
event in the Valley, that is a Coachella Valley Music Festival, Pacific Life, we sell
out. We sell out, we get awareness out, we get to become a brand. Okay? And
what we need, especially in Palm Desert I believe, is to get our name out, because
it's so fabulous —Palm Desert, but that people need to know more about it. And this,
I believe, is a great way to do that. It's...the event was educational, the event was
fun, the people who attended it all had a great time. Believe me, I hear about it if
they don't. And it's something that can become a tradition. And I, I just look back
at all the things that have started and, and at some point, there was a City Council
involved in Aspen, a City Council involved in South Beach, and wherever. And they
had a vision to look ahead and to see something that could become great, that
could be a legacy. And I just want you to know that we support it, and it's great for
tourism. When we sell out, everyone sells out —the restaurants, all the businesses
in Palm Desert do well. And you can't golf all the time. You do need to eat, and
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with eating, sometimes it's nice to have some wine. And...it's just a great event, and
a great group of people that come together to see each other. Something that I
think Palm Desert can be proud of, and...and I hope it... it gets to stay and last. So
thank you very, very much.
JMB Thank you. Thank you, Ken, for your participation. John Marman.
JM Thank you Ms. Mayor, and Council, and staff. I'm here to speak in favor of the
Palm Desert Food and Wine Festival. I am currently the President of the Palm
Desert Sister Cities Foundation, and in another job, I also was Chairman of the
2007 Riverside County National Date Festival and County Fair. We set new
records, last year attendance (inaudible) ...pretty soon you're gonna' hear another
person from the Sister Cities, Rolf Hoehn, talk a little bit about his feelings about
that. He works professionally with the Indian Wells Pacific Life Tennis Tournament.
They also set records last year with over 300,000 in attendance. I just want you to
know I...I don't drink wine, but I might sip a little champagne now and then. I just
want to say it takes years to develop sponsors, volunteers, and event identities.
You can remember when we first brought the Dance Festival in here ten years ago;
now it's International. We have people from France and Germany here. It takes a
while. The Palm Springs Film Festival —you read all those articles, there were a
bunch of them today talking about its success. And...a couple —in the last couple of
days, little articles, one says "the first time attending the festival it was just me Paul
Lynn and five people." Now that's Barry Manilow, if we got any Barry Manilow fans
here. Somebody else from that's...Jerry Weintraub says "When Sonny Bono called
me up about twenty years ago, I told him are you crazy?! Who's going to want to
go to a Film Festival in Palm Springs?" And take a look at us now. So it takes a
while for those things to develop. The paper today says, they estimate marketing
impression from print and TV would likely exceed $200 million worth for Palm
Springs and the Valley. Palm Desert needs a premier branding and marketing
event, and I agree that adjustments need to be made, they always do. You're never
gonna' hit a home run the first time, or rarely do you. The basic concept, I think, is
a winner. We certainly need more local participation in it. Sister Cities, with Ixtapa-
Zihuatanejo chefs and New Zealand influence, are prepared to become even more
involved in making this a success. I basically am here to say that I urge you, the
Council, to commit for at least another year to allow this event to find itself. Thank
you.
JMB Thank you John. I have a card from Woody Peek.
WP Thank you Mayor Benson and Members of the Council, staff. Thanks for this
opportunity to talk about the Festival. This past year I attended every event at the
"film[sic]" festival, and having been involved in developing and promoting events for
about 30 years and done over several dozen of them, this event is really on the right
track in where it's headed. We have an opportunity for the destination to promote
itself as a culinary and wine center like the State is doing. I had a conversation with
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the head of the CTTC about the film fest—Art of Food and Wine Festival, and it fits
very well within their overall State efforts of marketing cuisine as one of the new
elements that the commercials are going out globally around California and what
our offerings are in the State. Every event I went to was well done. As we look
forward, and having been involved in creating events, you're gonna' need a three -
to five-year ramp -up and fine-tuning of events. When we created a little event in
Nashville, Tennessee, called Fanfare, the first year we had six bus loads. This past
year they had over three million people attend that week-long festival. So you have
to look at what it takes to grow an event over a period of time. I would say from our
perspective, there's great legs to this event in how it can grow in the future; whether
it be a Valleywide event, whether it would be an event that we would recommend
looking at how you reach the masses. How we take that high -end component, and
enhance it, along with creating activities that would be reaching a wider audience
as we go forward. We would (unclear) that you, or I would recommend that you
consider how to consider funding the event, and...putting a plan in place to say over
the next three to five years what the expectations are before going out to bid.
Thank you very much.
JMB Thank you. Is there anyone else that wanted to speak that I don't have a card?
Please come forward.
BS My name is Beverly Starcher. I've been a resident of Palm Desert for 25 years, and
I know most of you up here. This is the first time I've ever come to a presentation,
and I'm here to tell you that I'm against the wine —Food and Wine Festival. It sounds
like most of the tickets were comp'd. I think the prices are too high, and I think the
money that we would be spending out of tax dollars can be better spent on other
things, but not this. This is way too much money. We need to do more for the
locals. Most of the people that attended this Wine and Food Festival were comp'd.
They didn't buy tickets. So I urge you not to vote for monies to fund this for another
year. I think two years is enough. Thank you very much.
JMB Thank you. Anyone else? Please come forward. Give your name and address.
DF My name is Dianne Funk, 72-755 Pitahaya, Palm Desert. Thank you. Nice to see
you. I just want to say that I'm a promoter. I put on the Indian Wells Arts Festival
at the Tennis Garden. I lease the Tennis Garden. I promote the show on my own,
and last year I sold about $1 million worth of art, and I had over 12,000 people who
came to a family event; there was something for everybody. We do have wine. We
did have a food tasting. Things start small and then they get bigger. You need to
have a base of community support before you go around the world. I think the only
people that were making money from the money that was put out was the organizer
and the person that places the ads for advertising. I pay the City of Indian Wells
admissions tax. I'm just little old me...but I think the money was not spent well, and
I oppose it. I hope you consider my background and my experience when you're
making your vote. Thank you.
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JMB Any other comments?
DH Good afternoon. I'm Debbi Hinton. I'm Executive Vice President for KCET and
General Manager of KCET Desert Cities. We have been involved with the Art of
Food and Wine Festival for both years; both providing significant amount of
promotion for the event, and also, I was involved in arranging for some of the chefs
who participated to be here at the event. And I really can't say whether this is the
right event for the City, but I do want to offer a couple of observations. I've been
very involved over the years, and we work public television. You know, we raise
money...from sponsors and we do a lot of events. I've been involved in an awful lot
of events over the years. So I would like to say that I think —one of the reasons that
we affiliated with the Festival is, I think, is a very fine idea; it has a lot of leg. But I
have to say that any event of this caliber is going to take time to develop. You're
never gonna' succeed in the first year, you're never gonna' make your expectations
in the first year, it has to build credibility. It's a bit of a chicken and egg, because if
you want the high quality participants, the chefs, and the other participants, you
have to show that it's the real thing. That it's not just a shot in the dark, and it's
going to go away. Nobody wants to be associated with something that's not real.
So you do have to give it time to grow. I think that you will see —I think that this year
was really the first year. The first year...the very first year was really more of an
experiment to try and see some things, and I think this was the first year that was
very organized and focused. And it had very specific goals that we can all
understand for us that participated. I think it made a lot of headway from the first
year, and I certainly talked to a lot of people. The people that I brought, the chef
that I brought, had a very good experience; they would not hesitate to come back.
And I think they would talk to their friends and colleagues, and you would see that
there would be other participation. But you do have to give something —like the
prior speaker said, I think you have to give something at least three years, probably
five years, to see if it's really going to succeed before you pull the plug...any type
of event. If it's not this and you go off to do something else, it's going to be the
same scenario. You have to give it time to grow. So thank you.
JMB Thank you. Okay, comments, discussion, or whatever?
RSK Did you get everybody?
JMB Everybody that wanted to speak. Nope. I asked for everybody.
KK Good afternoon. Just before you vote, I wanted to make note that the staff report
recommendation is correct as presented. However, on the actual agenda you may
note a typo in the recommendation number two; that figure should be 650 not 550.
So I just wanted to point that out that it was correct as presented in the staff
meeting; however, not on the agenda.
JF And is that to appropriate 550 from General Fund and 100 from Redevelopment?
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KK Correct. That's how that should read. Thank you.
RSK I didn't get that. Was there...the 550 and the...
KK It —those numbers should be $650,000 for the event, and $550 from the general
fund, $100,000 from Redevelopment money is the same.
RSK That's what this one says. This one —mine says that.
KK Your staff report may, but I think...some of the agendas that people picked out...
RSK Oh, oh, okay.
KK ...had the initial agenda. It read...
RSK Ours is right then?
KK I believe so. Yes. But some of the others that were picked up, I just wanted to
clarify.
JMB Okay.
CLO Correct. The staff report is correct.
KK The staff report is correct.
CLO Correct.
KK The printed agenda that was out for pickup was not correct.
JMB All right. Is that all the comments from the audience now? Okay. Council?
RAS All right. There's been a lot of conversation about the Art of Food and Wine. A lot
of it good, some of it bad. That's understandable. As was suggested, this was
really our first year. The reason it was our first year was because we brought
Kemper into the program, because they organize promotions like this. They have
a staff that does that. We tried to do it along with the Marriott the first year; it didn't
work out too well. About the only thing that was successful was...the music that was
at, at Desert Willow. The music this year was in our park, and that wasn't
successful at all. The thing that was successful was the Grand Tasting. That was
a two-day event that went on at the Marriott Hotel with the food purveyors, and the
wine purveyors, and various chefs from all over the United States. Two very strong
chefs from KCET were here that are seen every Saturday on their show; their
presentations were very well attended. They showed you how to cook stuff, and I
ate some of it, and I got fat, and that's too bad. (Laughter) But anyway that's what
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happened. It is a signature event for Aspen, and it is a signature event for South
Beach, Florida, and it took a while to get there. Just like the Film Festival took a
while to get to Palm Springs. As Barry Manilow said, according to John Marman,
he and about five other guys came to the first show, and now it's a premier event
on the West Coast. Will the Art of Food and Wine ever be as big as the Film
Festival? I don't think so. It won't, because it probably won't draw as many people,
and it's probably a little bit more expensive. But it takes a while to get something
started, and both Aspen today and South Beach have year-round staff to promote
this. We're asking Kemper to come in and start to work on it in the near future and,
hopefully, put it together, but they got other things on their plate. If it gets big
enough, there'll be a staff here that will take care of it, and the City will walk away
from it, but that takes a while to do. As John Marman also mentioned, the...Dancing
Under the Stars, which now is strictly at the McCallum, started out here in our park.
And....we had a few people from Arizona, but most of the people that danced were
from right around here. And now, we do have performers from all over the world
that come to the McCallum Theatre to show you how good they are and their group
is at their dance recitals. So like anything else, it takes a while. I know there's
concern about the money that we spend, but we spend...were fortunate in this City.
We spend a lot of money because we have a lot of money; and we get the money
primarily from sales tax and hotel occupancy tax. We gave $10 million to
Eisenhower Hospital, and that was the right thing to do. We gave $5 million for a
school of nursing to Cal State San Bernardino, Palm Desert Campus, and that was
the right thing to do. We're giving $2 million to COD for their new facility that they're
building for a Police and Firefighter training, and that was the right thing to do. And
we didn't get much criticism, in fact, I think everybody is pretty happy with it. The
fact that we are in the City —center of the valley. The fact that our money doesn't
come from the residents, it comes from sales tax and hotel occupancy, and the
more people that we can get here for our hotels, and by the way, the Marriott hotel
gives the City over $6 million a year in hotel occupancy tax, in sales tax, and
redevelopment dollars. That's a lot of dollars. Anything we can do to help the
Marriott Hotel is a good thing. So I'm in favor of going forward with it for another
year, with a caveat that the contract needs to be approved by our attorney, Dave
Erwin, and when the appropriate time comes I'II make that motion.
JMB Okay, are there other comments?
RSK I'll make my comment. First, I want to preface my comment that I...I probably
don't —won't change anybody's mind. It seems to me everybody has their mind
made up, and I'm not trying to preach to anybody. I'm not trying to tell somebody
something they don't know. I just want to be sure that everybody understands why
support this Art of Food and Wine Festival, and why I'm going to vote in favor of
it. The primary reason has been mentioned. When this City was formed... in 1973
and Proposition 13 came along, and right or wrong, we wound up with no property
tax —zero. Our cities next door, Indian Wells and Rancho Mirage, the same thing
happened to them. No property tax. So where are we gonna' get the money to
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provide Police, and Fire, and patch our roads, etc., etc. So the City, right or wrong,
made the decision we had to have hotels and...commercial stores and...to provide
sales tax so that we'd have income to operate our City. And I know I've heard the
comment that we should do...that children have no involvement in Food and Wine,
and what about our children? Well things like Food and Wine and our tourism...is
what creates the money that we have all the programs that we do for all of our youth
in the...the City of Palm Desert. This actually comes down to...so we're about more
than 50%, between 50% and 60 % of our revenue that provides the Police and Fire,
and patches the roads, etc., etc., comes from tourism. So it's not a matter of just
how many tickets you sell for the Art of Food and Wine Festival. It's all the other,
restaurants and hotels that are gonna' fill our rooms and fill our tables that goes
along with the advertising that comes from the Food and Wine. We depend on that
tourism —five, 50,000 citizens. If we depended on our stores and our restaurants on
a 50,000 people, we would have to get the plywood out and start boarding them up,
because it won't do it. We have to have visitors, or we can't provide for. Police and
Fire. The part about Kemper, I don't see how we can change in the middle of the
road. They've built a lot of relationships with chefs and sponsors in this last year,
and we want to be able to take advantage of those. Another thing is, our adjoining
cities all do something. Indian Wells just signed on for three years of Skins Game
for something like $4 million. It's not a matter of profit -loss. They're willing to pay
it, and rightfully so, pay the $4 million to have that attraction...for their city. Rancho
Mirage is very fortunate to have the Dinah —the Dinah Shore. I know they call it
something else now, but to me it's still the Dinah Shore. They are very fortunate
to have that, but we don't have the Dinah Shore. As everybody mentioned, the Film
Festival in Palm Springs, they...and they put money into that originally, a lot of
money to keep it going. They, in fact, even put money into the Hope Classic. We
also have a responsibility to our surrounding community to...to assess in the tourism
that both Rancho Mirage and Indian Wells...depends on along with us. It, it's a
matter of...tourism supports our City, it supports the Cove Commit —Community, and
it...it's the cow where we get our milk. And we need to feed the cow, or we're not
gonna' get any milk. So I feel very strongly that we need to give it a least three
years and maybe five years to...to give it a chance to work. So those are the
reasons that I'm gonna' support it.
CF While I think that a signatory event is maybe a good idea, I don't think this is the
right signatory event. I think it would be appropriate for the hotel community and the
restaurant community to promote the Art of Food and Wine, to promote something
like that, but I don't think that is what City funds should be used for. The Art of
Food and Wine has been tried for two years. The first year there was $380,000
spent, $280,000 was absorbed by the Marriott, the City spent $100,000. The
second year, the City lost $722,000, and now we're being asked to spend again
$650,000. Of entire total City funds for those three years, it would be $1.442 million
for an event that was a failure; it has been tried for two years. It is an inappropriate
use of City funds. The role of government is to provide for public safety, landscape
maintenance, just as we did tonight, building roads and bridges, parks, for the
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benefit of our residents. The Art of Food and Wine does not benefit our residents,
because I believe it's an elitist event at $595 for the four -day pass. You could take
the entire $692,000 that we...are being asked to spend for 2007, and you can have
year-round three and a half deputies, year-round for our public safety, as opposed
to having an event for four days that promotes the use of alcohol. I don't believe it's
right to subsidize and promote the public consumption of alcohol. We get significant
incident reports on a regular basis, and most of those are for driving under the
influence. So on one hand, we have a contract with the Sheriffs Department to go
out and find those that are under the influence and arrest them, and we spend
money to do that. On the other hand, we are promoting, we are subsidizing those
to go out and actually consume and be under the influence. I don't think that's the
proper use of government funds. Earlier this year I voted against the Art of Food
and Wine because I had financial concems. Unfortunately, those financial concerns
were realized. Our fiduciary duty as Councilmembers is to spend City funds
responsibly for the benefit and safety of our residents. History has shown this event
was unsuccessful and a financial disaster; therefore, I cannot support the event.
JF Like Councilman Kelly said, I think most of the people either read or heard sort of
what our philosophical differences are. I'm often asked, as I'm sure we're all are,
what makes Palm Desert a different City from others. And I think it's our ability to
vigorously disagree on things, while not being disagreeable, and letting people
make up their own minds...who we represent. As has been said here, I think we all
take our duty very seriously in spending taxpayers' money. We want to invest it as
if it were our own, as if we were business people, and as if we were trying to
perpetuate that money in the future. So as Councilman —Mayor Pro Tem Spiegel
said, our residents don't have to pay taxes. And the paradigm for doing that for us,
as again has been amply illustrated here as sales tax, T.O.T., to a lesser degree
property tax, but the bottom line is we don't pay taxes. Our tourism is the life blood
of our community, and we want to do everything we can to help that community.
The contributions of the Marriott can't be overstated enough. Having said all that,
I have spent most of my adult life in economic development. I was director of
International Trade for the State of Arizona, I am currently the Chairman of the
Coachella Valley Economic Partnership, my first role in the City of Palm Desert in
1993 was in the Promotions Committee, which not surprisingly enough, was to take
proposals from groups and match them, usually on a dollar for dollar basis, to see
if they could get up and running from a community spirit involvement, etc. And if
they couldn't make it after about two years, we said it was a good idea, we gave it
a run, but no thanks. I guess the point of all that is I'm not a stranger to what it is
we're trying to do. I've analyzed the numbers, which I've had for Tess than a week
on last year's event. I, too, voted against this year's event, because I didn't see
possibly how it could pencil. I went back and re -read my minutes to make sure that
I, you know, wasn't too far off on some of my assumptions, and those concerns for
me haven't changed this year. In lay terms, we spent $700,000 on a party last
November, a four -day party. All the beneficiaries of that party are saying what a
great time it was and what a lot of fun it was. We sold $56,000 worth of tickets. If
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you divide that by the $595 ticket price, we sold less than 100 dollar tickets; one
hundred tickets for $700,000. We would have been better off giving the $700,000
to the Marriott directly, and telling them to go expand their convention space, or to
(unclear) their marketing, because we sure didn't put heads —heads in beds, as they
say. We didn't provide anything for sales tax, we gave away, at least according to
my math, 3,400 tickets, if the attendance figures are accurate. And we had a lot of
people who live here, go to events here, and spend money that would have been
spent here regardless. You know my wife looked at me and said "You know for
$595 a piece, we could fly to Napa and spend a weekend going to wineries and
doing wine tastings." You know. Why would we go to El Paseo where we could
have a nice dinner and buy a bottle of wine now for far less than that? Why do we
need to go to the McCallum Theatre where we can get wine when we go to the
theater? In essence, what does the Art of Food and Wine have to offer? While I'm
not opposed, at all, to events that are going to generate sales tax and T.O.T. for our
City, not one iota. And parenthetically, we have supported the Samsung...women's
golf tournament up at Bighorn, in the last three years at $175,000; we've been on
national televison with vignettes on Saturday and Sunday on ESPN on Thursday
and Friday; we've had 20 of the top women's golfers in the world here. It's been
broadcast around the world, their attendance figures were over $100,000 we had
zero risk, a hundred times, if not a thousand times, the exposure that the Art of
Food and Wine gives us, and yet we're being asked to spend another $650,000 on
another four -day party; I'm not belittling it, that does absolutely nothing. And
comparing us to the Film Festival and the Indian Wells Tennis Stadium, reminds me
of Dan Quayle comparing himself to John Kennedy; there is no comparison. You
can't take a hundred dollar-100 tickets and $700,000, and compare it to $2 billion
media impressions from the Film Festival on $350,000 contributed by the City; by
the way, 150,000 people attending that event. The Pacific Life Open, Indian Wells
gives them $600,000, they have 350,000 people that attended; it's televised around
the world. So how you can take our little 100-ticket party and put it in the same
category as that is beyond me. I don't disagree that people are well -intended with
this event, but as somebody who has to oversee the spending of our citizens'
money, I can't justify it. I would love to see us come up with a signature event that
adds to our City coffers and not drains from it, and for that reason I'm going to vote
no again.
JMB To the Mayor...it's custom that the Mayor speaks last. I was sitting here reflecting
over the last 25 years that I've been on this Council and how we have frugally
watched the money that we spend in this City. And we have never put a monetary
value on something that we did that thought it would promote Palm Desert. Years
ago we turned down, when there was a big hotel development wanting to come in
here and a Mayor of another city said to me, "Jean, you know, aren't you interested
in the $3 million you're gonna' get each year for this?" I said no, not really. We
don't want that kind of project. If we put a monetary value on everything we did in
this City, we'd have high risers all over here, we would have a lot more density than
we have, we would have more houses coming in, because all we wanted to do was
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make money; and that has never been the philosophy of the City of Palm Desert
Council. It's been something that will put us on the map that will show that we're
special. And if I looked back and added up the millions that we probably spent on
trying to find an event, on doing different events —all the golf tournaments that we
made money for Bighom for, and the Vintage, there is Indian Wells, all of them that
have benefitted us in return. And to say that this does nothing for our residents, to
me, is a real misnomer. Because what it's doing for our residents is bringing in the
sales tax that we need for them shopping here, eating here, staying here, that we
pay the Police and Fire with. If we didn't have them coming in, we wouldn't have
anything, and we've watched over the years...we're one of the very, very few cities,
actually in the State of Califomia, that can boast close to a $60 million reserve.
That's unheard of anymore, and we —that's because we have watched what we
spent, and we are very, very careful. But we also know that it takes money to make
money, and to have an event of this caliber...when it gets to its full bloom,
everybody will say "Yeah, I thought it was going to fail, but it didn't" The same as
they did to Palm Springs Film Festival. The same thing— I wrote to Riff Markowitz
15 years ago and said the Follies would never make it. I sent him a letter after 10
years and said, "I wanna' tell you I was wrong. You guys are doing a great job, but
you persevered." The audiences were small, nobody went, but he kept at it, and he
has a signature event for the City of Palm Springs. So I just believe in what we've
done over the years. There's a value to the City of Palm Desert, and I think that
once you start something you got to give it a fair chance. And sure, it's costing
money, but so is advertising cost money, and that's what we're doing. We're not
looking to make a profit off of this to begin with, we're looking to get something that
is a credit to the City of Palm Desert. In five years, if this proves wrong, we'll
probably start on something else, but never is the money wasted, because it brings
people to our City. And if the residents that are here want to enjoy it, that's fine too,
but it's the people that come from the outside that are bringing in the money that
provides the services that we do give to our residents. So to say that it's no benefit
to our residents, it's a real mis—misnomer in my mind. So anyway, that's my
comment.
RAS Well, I'II make a motion, but before I do, I'd like to comment that in —I've been on the
Council for 15 years now, and we have never ever turned down a request from our
Police Department for additional help. They wanted a dog this year, they got a dog
this year; they wanted additional police on the police force last year and this year,
they got additional police. We have never ever turned them down for anything that
they've requested. So it's not a question of "Are we gonna' do this or have more
police?" That's not a question. With that comment, I will move approval of the staff
recommendation for the Art of Food and Wine Festival for this coming fall with the
stipulation that the contract be reviewed and approved by Dave Erwin, our City
Attorney.
RSK Second.
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JMB Could, could I offer an amendment to —when he reviews the contract if it is not in
there, that any additional money needs to come back to the Council?
JF Can I also ask for a point of clarification? What if he doesn't approve the contract?
Does it come back to Council?
JMB Yes.
JF Okay.
JMB Do I have a second?
RSK I second.
JMB Okay, please vote.
RDK The motion carries 3-2 with Councilman Ferguson, Councilmember Finerty voting
NO.
For purposes of clarification, the motion was:
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve the 2008 Art of
Food and Wine Festival to be held in Palm Desert November 6-9; 2) approve a budget of
$650,000 for the event and appropriate $550,000 from the City's General Fund and
$100,000 from the Redevelopment Agency; 3) approve a one-year extension of Contract
No. C26170 with Kemper Sports Management, amended as reflected in the accompanying
staff report and recommendation; 4) appropriate $192,000 from the Unobligated General
Fund for additional expenses of the 2007 Event; 5) Contract No. C26171 to be reviewed
and approved by the City Attorney and will include specific language that requires any
requests for additional funding must first come before City Council. Motion was seconded
by Kelly and carried on a 33=2 vote, with Ferguson and Finerty voting NO.
XV. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF AGREEMENT FOR THE
LANDSCAPING/SCREENING OF PALM DESERT MOBILE ESTATES
(CONTRACT NO. C26960) (Continued from the meetings of October 25 and
December 13, 2007).
Ms. Aylaian noted the staff report and stated this item was continued from
the last meeting in order to allow a gentleman an opportunity to speak to
Coachella Valley Water District (CVWD) about increasing their financial
contribution to the solution.
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Councilman Kelly stated warning was given that Council would make a
decision this evening. Councilman Ferguson concurred.
MR. MARK BESSIRE stated he was the property manager for Palm Desert
Mobile Estates. He said he's been working with Ms. Aylaian on the proposed
three-way split, and it was something he could come to an agreement on.
He said within the 60 days, there were some minor stuff that would have to
be figured out, like the maintenance issue, but definitely felt those were
hurdles that could be jumped to reach an agreement.
Mayor Pro Tem Spiegel asked if Mr. Bessire planned to do anything with the
land on the south side of the property that backed up to Magnesia Falls.
MR. BESSIRE responded plans were made to develop more spaces, but at
this time it was not feasible.
MR. DON UNDERWOOD stated he appreciated the Council's leadership on
this issue. He felt if it weren't for the City Council, there probably wouldn't be
any action taken. He said the Council was kind enough to postpone their
vote on the funding at the last meeting, and it gave him an opportunity to
voice his concerns with CVWD. He explained to CVWD the
mis-communication about Chaparral Country Club financial participation. He
said CVWD stated their position was they were within their legal rights to cut
down the tamarisk trees and were not in the business of hiding others' trash.
They also made the statement that Palm Desert Mobile Estates should be
responsible for any future costs. He disagreed with them on a few points,
but when they tore down the tamarisk trees, they opened up the area for
everyone to look at. He said Peter Nelson, President of CVWD, stated he
would be happy to have further discussions regarding this situation.
Chaparral got involved trying to raise concem about something that affected
the entire community. He noted Chaparral had a line of African Sumac that's
provided nice screening. He said he read through documents provided to
him by Ms. Aylaian that he felt were apropos. In a memo written in October,
it contained the purpose of a Conditional Use Permit (CUP), which was to
stabilize and protect the residential character of the area and promote a
better living environment. He went on to read the rest of the CUP. He
understood the City had great demands, and Council was to direct the funds
available. He hoped adequate funds would be directed towards a resolution
of this problem. He thanked the Council for their consideration.
Mayor Benson asked if recommendations 4 and 5 were related to the
cleaning up of the Palm Desert Mobile Estates.
Ms. Aylaian responded those recommendations were related to the Notice
to Abate that was appealed. If Council approved staffs recommendation,
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staff would ask that the Notice to Abate be suspended for 60 days in order
to execute agreements. If successful in executing the agreements, staff
would dismiss the Notice to Abate. Upon further question, Ms. Aylaian
stated the Notice to Abate dealt with the lack of screening. She said the park
owner had made strides towards cleaning up some of the areas there, but
right now it needed screening to order to come into compliance. The area
will be cleaned, but not screened, the RV's and mobile homes will still be
exposed until the plants grow out.
Mayor Pro Tem Spiegel asked if the City Manager met with Coachella Valley
Water District.
Mr. Ortega responded he did. He said CVWD was willing to come up with
their third of the cost, even when at one time the cost was much higher. He
said he met with General Manager Steve Robbins several times.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve a landscape -only
approach to screening the recently -exposed north face of the Palm Desert Mobile Estates
RV storage area; 2) authorize staff to negotiate a three-way cost sharing agreement
between the City of Palm Desert, the Coachella Valley Water District (CVWD), and Palm
Desert Mobile Estates, and authorize Mayor to execute same; 3) appropriate necessary
funds for the project in an amount not to exceed $15,000 to Account No. 400-4614-433-
4001; 4) suspend enforcement action and continue hearing of appeal of Notice to Abate
for sixty days pending successful resolution of the issue; 5) authorize the City Manager to
dismiss the Notice to Abate upon execution by all parties of cost sharing agreement.
Motion was seconded by Kelly and carried by a 5-0 vote.
Mr. Erwin noted the motion included Item B, under Continued Business,
because the recommendation was the same.
B. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC
NUISANCE FOR PALM DESERT MOBILE ESTATES, LOCATED AT THE
SOUTHWEST CORNER OF PORTOLA AVENUE AND THE WHITEWATER
STORM CHANNEL Case No. 07-369 (Mark Bessire/Palm Desert Mobile
Estates, Appellant) (Continued from the meetings of October 11, October25,
and December 13, 2007).
Please see Item A under Continued Business for related discussion and
action.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve a landscape -only
approach to screening the recently -exposed north face of the Palm Desert Mobile Estates
RV storage area; 2) authorize staff to negotiate a three-way cost sharing agreement
between the City of Palm Desert, the Coachella Valley Water District (CVWD), and Palm
Desert Mobile Estates, and authorize Mayor to execute same; 3) appropriate necessary
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funds for the project in an amount not to exceed $15,000 to Account No. 400-4614-433-
4001; 4) suspend enforcement action and continue hearing of appeal of Notice to Abate
for sixty days pending successful resolution of the issue; and 5) authorize the City Manager
to dismiss the Notice to Abate upon execution by all parties of cost sharing agreement.
Motion was seconded by Kelly and carried by a 5-0 vote.
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
A. REQUEST TO COMMENCE WITH THE FISCAL YEAR 2008/2009
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CYCLE AND TO
OPEN THE FISCAL YEAR 2008/2009 APPLICATION PROCESS.
Mr. Ortega stated this was a public hearing that opened up the process for
organizations and residents who anticipate receiving a Community
Development Block Grant (CDBG). He offered that staff was available to
answer questions.
Mayor Benson declared the public comment period to be open and invited anyone
present wishing to make remarks to come forward at this time.
MS. JUDY SHEA, Desert Hot Springs Community Task Force CEO, stated
their newest project was the Sober H Center. She said they were almost
through with the facility improvements and were on to the next thing, which
was Iicencing. She said according to the licensing requirements, they need
to have a three -months' reserve of operating expenses before they can open
up the center. Once opened, Sober H will be the first licensed residential
drug and alcohol treatment center for teenagers in Riverside County. She
noted that Proposition 63 would not fund this program. She said this Center
was an altemative to Juvenile Hall, short-term hospitalization, distance or
out-of-state rehabilitation, foster home, or other non- or marginally effective
institutional placement. Safe House was a wonderful place for homeless and
runaway kids, but it's a short-term system; and about 40% of that population
could go to their center for the 30-day residential treatment program. The
30-day treatment will also provide after -care treatment, counseling, and
assistance to help maintain a clean and sober lifestyle. She said they were
located in Desert Hot Springs, but the problem was Countywide. She
thanked the Council for the opportunity to speak.
MS. GLORIA GOMEZ, Martha's Village & Kitchen, said Council was probably
already aware of who they were and what they did, but she wanted Council
to know what they accomplished in 2007. She said Martha's Kitchen had
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been in existence since 1990 and was now working out of their new facility
for the past seven years. The facility provides shelter, education to obtain
high school diploma, counseling, childcare services, medical clinic for those
without insurance, case management, and emergency assistance.
Emergency assistance was also provided to families who have homes but
need help paying for rent and utility bills. In 2007, 320,000 meals were
provided at their facility. The majority of the meals are for children under the
age of five. She recognized that the City of Palm Desert had contributed in
the past and requested that Council continue to support their efforts. She
noted that half a million was their budget for the meal program alone and
hoped that Council would take that into consideration. She thanked the
Council for its support on behalf of Martha's Kitchen and asked Council to
favorably consider her grant request.
With no further testimony offered, Mayor Benson closed the public hearing.
Mayor Pro Tem Spiegel moved to; by Minute Motion, approve CDBG operation
under the existing Five-year Consolidated Plan for the period of FY 2003/2004 to
2007/2008 and the filing of the new Consolidated Plan in FY 2008/2009. Motion was
seconded by Ferguson and it carried by a 5-0 vote.
Mayor Benson declared the CDBG Application Process for FY 2008/2009 open.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
Mr. Ortega noted that at the request of Mayor Benson, a Study Session had
been scheduled for January 15-16. However, during a Study Session, the
City Council cannot give specific directives, and he asked if it would instead
consider making the January 15-16 session an extension of this meeting.
Responding to question, Mr. Erwin replied it would require the City Council
to make a motion to adjourn today's meeting to 8:00 a.m. on January 15 at
the specific location. In further response, he said at the end of January 15,
City Council could continue the meeting to the following day.
B. CITY ATTORNEY
None
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C. CITY CLERK
1. Reminder of the City Council Goal -setting Retreat Scheduled for
Tuesday and Wednesday, January 15-16, 2008, at the J. W. Marriott
Desert Springs Resort and Spa.
Mrs. Klassen said this reminder had been taken care of under the City
Manager's remarks above.
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
Mayor Benson commented that at this past Tuesday's Palm Desert
Chamber of Commerce Mayor's Breakfast, the City's first dedicated
Police K9 was introduced. She said "Von Snap" was very well
received and very cordial, and he would be a good addition to the
City's Police Department.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reouests for Action:
1. Consideration of the Appointment/Reappointment of a
Representative to the Coachella Valley Animal Campus
Commission (CVAC) (Mayor Jean M. Benson).
Councilman Ferguson moved to, by Minute Motion, reappoint Mayor
Jean M. Benson to represent the City of Palm Desert on the Coachella Valley Animal
Campus Commission. Motion was seconded by Spiegel and carried by a 5-0 vote.
Mayor Benson related at this morning's CVAC Commission
Meeting, a very good report was received on the facility and
plans for the future. She noted that she had been Commission
Chairman for nearly 10 years, but Rancho Mirage Mayor
Dana Hobart and La Quinta Councilmember Terry Henderson
had graciously agreed to co-chair the Commission from now
on. It was her pleasure to be able to serve the City in this
capacity.
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o City Council Committee Reports:
None
o City Council Comments:
1. Mayor Kelly requested an excused absence from the
January 24, 2008, City Council Meeting, when he would be
away to celebrate both his birthday and 63rd wedding
anniversary.
Councilmembers congratulated him on both events.
XIX. ADJOURNMENT
Upon a motion by Spiegel, second by Finerty, and unanimous vote of the
City Council, Mayor Benson adjourned the meeting at 5:50 p.m. to Tuesday, January 15,
2008, at 8:00 a.m. at the Desert Springs J. W. Marriott Resort & Spa, 74-855 Country Club
Drive, Palm Desert.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JEAN-M. BFNSON, MAYOR
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