HomeMy WebLinkAbout2009-02-12MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 12, 2009
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Spiegel convened the meeting at 3: 01 p.m.
II. ROLL CALL
Present:
Councilman Jim Ferguson
Mayor Pro Tem Cindy Finerty
Councilman Richard S. Kelly
Mayor Robert A. Spiegel
Excused Absence:
Councilmember Jean M. Benson
Also Present:
Justin McCarthy, Interim City Manager/RDA Executive Director
David J. Erwin, City Attorney
Homer Croy, ACM for Development Services
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
Patrick Conlon, Director of the Office of Energy Management
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
David Yrigoyen, Director of Redevelopment & Housing
Dennis Dawson, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APNs 620-370-011, 620-370-012, 624-040-034, 624-290-001,
624-310-003, and 632-060-033
Negotiating Parties:
Agency: Justin McCarthy/Mark Greenwood/City of Palm Desert
Property Owners: Lakha Properties -Palm Desert, LLC
Marriott Desert Springs Development Corporation
SMG 17, LLC
DS Hotel, LLC
Cook Street Office, LP
Under Negotiation: x Price x Terms of Payment
2) Property: APNs 694-300-008 and 694-300-009
Negotiating Parties:
Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Jewish Federation of Palm Springs and Desert
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) Indian Springs, LTD., v. City of Palm Desert, et al., Riverside County
Superior Court, Case No. INC053903
b) Phil Adams and Chet Galeazzi v. City of Palm Desert, Riverside County
Superior Court, Case No. INC 072102
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Conference with Labor Negotiator pursuant to Government Code
Section 54957.6:
Negotiating Party: Justin McCarthy/City of Palm Desert
With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed
Session at 3:02 p.m. He reconvened the meeting at 4:00 p.m.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
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 - Councilman Jim Ferguson
VII. INVOCATION - Councilman Richard S. Kelly
VIII. ORAL COMMUNICATIONS - B
MS. MONIKA HECK, Edinborough, Palm Desert, addressed City Councilmembers
regarding a continuing issue over several years with Sancho's Landscaping at
77-740 Delaware Avenue, Palm Desert. Her back yard faces Sancho's, and she
displayed a board of photographs of the views there, which she did not believe
would be acceptable to anyone. She related that her home had been for sale for
the past two years. It was challenging in the current economy; inevitably
prospective buyers ask about the building behind her home, and she was obligated
to disclose. She'd worked closely with the City's Code Enforcement staff over the
past three years to try to find a solution to this problem, aware of the special
circumstances this area of the City was afforded. She had no problem with self-
employment or entrepreneurial cottage industries but objected to how Sancho's
Landscaping was operated and the posture its owner had taken. Mr. Sanchez had
been given options over the years but continues to operate as he chooses; he was
still operating, even though she understood his operating license had been revoked.
She said his license has been revoked more than once since April 2005. Code has
provided him with suggestions to adjust his business in order to satisfy the
neighbors, yet they've been ignored. She related the conditions of approval for his
business, including hours of operation and alternate truck route, adding that
Mr. Sanchez has now installed a gate across what was formerly an easement/public
street and continues to operate in the back. She'd asked him to plant some foliage
to screen the property, but he will not. She was unsure what could be done but
needed to sell her home, because it had been very uncomfortable being in this
situation, and foreclosure was a possibility. Therefore, she believed this business
operator needed to address the issues or be closed.
Mayor Spiegel noted that several Councilmembers personally visited the Sancho's
property and thought that corrective action had been taken. He asked Mr. McCarthy
to contact Ms. Heck to see what could be done.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
RESIDENT OF CALLE BISQUE commended the City and its staff for the recently
completed median project on Monterey Avenue between Hovley Lane West and
Country Club Drive. He felt it was a wonderful piece of work and was aware that it
was the result of a collaborative effort of both the Cities of Palm Desert and
Rancho Mirage; he was very impressed.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE KRISTI HANSON FOR HER SERVICE
TO THE CITY OF PALM DESERT AND ITS ARCHITECTURAL REVIEW
COMMISSION.
On behalf of the City Council, Mayor Spiegel commended Ms. Hanson for
her service on this important Commission and presented her with an
engraved crystal clock in appreciation for her time and service there.
B. PRESENTATION TO RECOGNIZE MELISSA ALLENSWORTH FOR HER
SERVICE TO THE CITY OF PALM DESERT AND ITS MARKETING
COMMITTEE.
Ms. Allensworth was unable to attend today's meeting for this recognition.
C. RECOGNITION OF STUDENTS SELECTED TO ATTEND THE
2009 PRESIDENTIAL INAUGURATION.
On behalf of the City Council, Mayor Spiegel commended the following
students of St. Margaret's Episcopal School for their achievements and
participation in the 2009 Presidential Inauguration Ceremonies in
Washington, DC, presenting each with a Certificate of Recognition:
Thos Dawson, Ryan Garcia, and Oliver Maize.
D. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/
PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR
EXCEPTIONAL SERVICE — JANUARY 2009.
On behalf of the City Council, Mayor Spiegel and Mr. McCarthy honored the
following employees for their service above and beyond the call of duty:
Carlos Hernandez, Sergio Samaniego, and Francisco Torres.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 22, 2009, and the
Special City Council Meeting of January 29, 2009.
Rec: Approve as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 152, 154, 157, 160, 161, 165, 169, 171, 175, 176, 178, 182, 186, and
187.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
C. CLAIM AGAINST THE CITY (#635) by Barbra Paskin in the Amount of
$10,000,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of
December 2008 (Joint Consideration with the Palm Desert
Redevelopment Agency).
Rec: Receive and file.
E. AUDITED FINANCIAL REPORTS for the City of Palm Desert for the Fiscal
Year Ended June 30, 2008.
Rec: By Minute Motion, receive and file the audited Comprehensive Annual
Financial Report (CAFR) for the City of Palm Desert, Fiscal Year
Ended June 30, 2008.
F AUDITED FINANCIAL REPORTS for the Palm Desert Redevelopment
Agency for the Fiscal Year Ended June 30, 2008.
Rec: By Minute Motion, receive and file the audited Component Unit
Financial Report (CUFR) forthe Palm Desert Redevelopment Agency,
Fiscal Year Ended June 30, 2008.
G. AUDITED FINANCIAL REPORTS forthe Palm Desert Recreational Facilities
Corporation for the Fiscal Year Ended June 30, 2008.
Rec: By Minute Motion, receive and file the audited financial statements of
the Palm Desert Recreational Facilities Corporation, Fiscal Year
Ended June 30, 2008.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
H. LIMITED PROCEDURES REVIEW of Various Palm Desert Operators for
Compliance with the City of Palm Desert's Transient Occupancy Tax (T.O.T.)
Ordinance for Calendar Year 2007; Approval of Reimbursement to Operators
for Overpayment of T.O.T.; and Authorization for Collection of T.O.T. from
Operators for Underpayment of T.O.T.
Rec: By Minute Motion: 1) Receive and file the Limited Procedures Review
of various Palm Desert operators for compliance with the City of
Palm Desert's T.O.T. Ordinance for Calendar Year 2007; 2) approve
reimbursement to operators for overpayment of T.O.T. totaling
$581.43; 3) authorize collection from operators for underpayment of
T.O.T. totaling $66.63.
I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by TJ's Steaks,
Pasta & Spirits, 40-205 Washington Street, Suite 2, Palm Desert.
Rec: Receive and file.
J. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Cultural Resources Preservation Committee Meeting of December 30,
2008.
2. Marketing Committee Meeting of November 18, 2008.
3. Parks & Recreation Commission Meetings of November 4,
November 18, December 2, and December 16, 2008; and January 6,
2009.
Rec: Receive and file.
K. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and
Authorizing the Destruction of Paper Records from the Department of
Building & Safety that Have Been Digitally Imaged.
Rec: Waive further reading and adopt: 1) Resolution No. 09-5 —
Re -scanned Records for June 2008; 2) Resolution No. 09-6 —
Re -scanned Records for July 2008; 3) Resolution No. 09-7 —
August 2008 Records; 4) Resolution No. 09-8 —
September 2008 Records.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
L. REQUEST FOR APPROVAL of Contract to Provide Two Community
Emergency Response Team (CERT) Classes Through the Center for
Training and Development at College of the Desert (Contract No. C28560).
Rec: By Minute Motion: 1) Award the subject contract to the Center for
Training and Development at College of the Desert in an amount not
to exceed $12,000 to provide two CERT Classes within
FY 2008-2009; 2) authorize the Mayor to execute said contract —
funds are available in Account No. 110-4260-422-3915.
M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25430A —
Construction of the Monterey Avenue Medians from Country Club Drive to
Hovley Lane West (Project No. 661-02) (International Pavement Solutions,
Inc., San Bernardino, 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.
N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C27370 —
Mesa View Drive Resurfacing Project (Project No. 638-08) (Hardy and
Harper, Inc., Santa Ana, 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.
O. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28040 —
2008 Citywide Slurry Seal Program (Project No. 751-08) (American Asphalt
South, Inc., Fontana, 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.
P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28370 —
Washington Street at Eastbound 1-10 Embankment Repairs (Project
No. 958-08) (Carter Engineering, Inc., Imperial, 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.
7
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
Q. REQUEST FOR AUTHORIZATION to Release Performance Bond for Road
Improvements to the North Side of Gerald Ford Drive Between Portola
Avenue and Technology Drive (Palm Desert North 80, LLC, Applicant).
Rec: By Minute Motion, release Performance Bond for Road Improvements
to the north side of Gerald Ford Drive between Portola Avenue and
Technology Drive.
R. REQUEST FOR AUTHORIZATION to Release Faithful Performance
Security and Accept Maintenance Security for Grading and Sidewalk
Improvements at 74-124 Highway 111 (Larry Grotbeck Real Estate,
Applicant).
Rec: By Minute Motion, release Faithful Performance Security in the
amount of $35,000 and accept Maintenance Security in the amount
of $3,500 for grading and sidewalk improvements at
74-124 Highway 111.
S. REQUEST FOR AUTHORIZATION to Release Letter of Credit for
Construction of an Irrigation Line and Well Site Improvements for Tract Map
No. 25161 (Bighorn Development, LLC, Applicant).
Rec: By Minute Motion, release the Letter of Credit in the amount of
$25,000 for construction of an irrigation line and well site
improvements for Tract Map No. 25161 (Bighorn).
T. REQUEST FOR AUTHORIZATION to Release Maintenance Bonds for
Wall and Street Improvements Within University Park, Effective March 11,
2009 (Palm Desert Funding Company, LP, Applicant).
Rec: By Minute Motion, authorize the City Clerk to release Maintenance
Bonds for wall and street improvements within University Park,
effective March 11, 2009.
U. REQUEST FOR AUTHORIZATION to Release Faithful Performance Bond
for Tract Map No. 33837-1 (Spanish Walk) (Taylor Morrison of California,
LLC, Applicant).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
8
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
V. REQUEST FOR APPROVAL of the Possession and/or Consumption of
Alcoholic Beverages on City -owned Property in Conjunction with the
Friends of the Desert Mountains Fund-raising Dinner/Auction.
Rec: By Minute Motion, permit the possession and consumption of
alcoholic beverages on City -owned property in conjunction with a
special event, the Friends of the Desert Mountains Fund-raising
Dinner/Auction scheduled to be held on April 20, 2009.
W. REQUEST FOR APPROVAL of On -call Professional Services Contract with
Adjusters International for Post -Disaster FEMA Grant Management (Contract
No. C28570).
Rec: By Minute Motion, approve the subject on -call contingency
professional services contract with Adjusters International, Utica,
New York, for FEMA grant management consulting.
X. REQUEST FOR APPROVAL of Modifications to Two Monument Signs
Allowing Identification for La Spiga Restaurant Located at Entrada del
Paseo.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
Y INFORMATIONAL REPORT on Programming of Mid -Valley Bike Path
Congestion Mitigation and Air Quality (CMAQ) Grant Funding.
Rec: By Minute Motion, receive and file.
Mayor Pro Tem Finerty asked that Item B be removed for separate
consideration under Section XI, Consent Items Held Over. Mr. Erwin asked
that Item U be removed for separate consideration, and Mayor Spiegel
requested that Item X be removed for separate consideration.
Upon a motion by Ferguson, second by Finerty, and 4-0 vote of the City Council,
with Benson ABSENT, the remainder of the Consent Calendar was approved as
presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
XI. CONSENT ITEMS HELD OVER
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 152, 154, 157, 160, 161, 165, 169, 171, 175, 176, 178, 182, 186, and
187.
Mayor Pro Tem Finerty stated she went through all the warrants and noticed
that in a one-month's time several entries were made for promotional
advertising, which totaled $165,176.98. It was divided out between Palm
Springs Life, Full Gallop Marketing, LA Magazine, Nancy Friedman, and a
host of others. She requested a freeze on all marketing expenses and
instead update the Visitor's website, because she didn't believe spending
$165,000 on advertising was needed at this time. Additionally, she
questioned what the Art In Public Places (AIPP) fee in the amount $106,000
was for.
Mr. Gibson replied he would have to look that information up.
Mayor Pro Tem Finerty pointed out that the Palm Springs Resorts
Convention and Visitor's Authority (CVA) had already been paid the first
quarter of 2009 in the amount of $243,341.00, and she didn't want the
second quarter payment to be made until Council took action on what was
previously discussed at Tuesday's meeting. She would move approval of
this item if Council approved a freeze on all marketing and advertising until
Council figured out where it was heading with it's mid -year budget
adjustment and upcoming budget; she said $165,000 in advertising was
excessive.
Councilman Ferguson stated it seemed there were a number of items that
were intertwine with the mid -year budget adjustment and appreciated Mayor
Pro Tem Finerty's point, but those items could be taken up with the mid -year
budget adjustment along with Palm Springs Life, and the $225,000 for the
art piece. He wasn't prepared to take action on a Consent Calendar item or
debate a freeze until he knew what would be done overall.
Councilman Kelly stated he was comfortable with reviewing things over, but
he wasn't comfortable just freezing advertising.
Councilman Ferguson moved to approve warrants as presented. Motion was
seconded by Kelly and carried by a 4-0 vote, with Benson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
U. REQUEST FOR AUTHORIZATION to Release Faithful Performance Bond
for Tract Map No. 33837-1 (Spanish Walk) (Taylor Morrison of California,
LLC, Applicant).
Mr. Erwin stated this item was a release of the Faithful Performance Bond,
and requested the release of the Labor and Materials Bond be added as
well.
Mayor Pro Tem Finerty moved to, by Minute Motion, authorize release of the Faithful
Performance Bond and Labor & Materials Bond for Tract Map No. 33837-1 (Spanish
Walk). Motion was seconded by Kelly and carried by a 4-0 vote, with Benson ABSENT.
X. REQUEST FOR APPROVAL of Modifications to Two Monument Signs
Allowing Identification for La Spiga Restaurant Located at Entrada del
Paseo.
Mayor Spiegel stated La Spiga was requesting Council reconsider the cost
of putting up their two monument signs. La Spiga currently didn't have a
monument sign and believed they were entitled to one, but they didn't want
to pay for the entire cost. La Spiga is located by the Palm Desert Visitor
Center, Chamber of Commerce, and Cuistot.
Mr. McCarthy stated staff contacted La Spiga about the signage, and it
appeared they were agreeable to splitting the cost; in this case it would be
with the Redevelopment Agency, which would be his recommendation.
Councilman Kelly asked if signage was being added to an existing
monument sign. Mr. McCarthy replied that it was.
Responding to question, Mr. McCarthy said the total costforthe signage was
approximately $10,000 with the City/Agency only paying $5,250.
Project Coordinator Heather Beck noted images of the proposed signage
was included in the staff report. She said staff worked with La Spiga to take
it through the Architectural Review Commission (ARC) and several options
were proposed, one option was to simply add a tenant panel above the
existing three -tenant panel; however, that option was above the approved
height for signage. The other option was the one being proposed that was
approved by the ARC. The cost included lighting, new footing, fabrication,
and installation. Responding to question, she confirmed this item went out
to bid, it received two bids, and the lowest bid was selected. Further
responding, she said the Agency paid 100% of Cuistot signage as part of
their Disposition Development Agreement (DDA).
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
Councilman Ferguson moved to, by Minute Motion, authorize modifications to two
(2) monument signs allowing identification for La Spiga Ristorante Italiano located at
Entrada del Paseo, with cost for same to be shared between City/Agency and La Spiga.
Motion was seconded Finerty and carried by a 4-0 vote, with Benson ABSENT.
Mayor Spiegel noted the new Farmers Market at Entrada Del Paseo was
outstanding and the produce was excellent. He said the Farmers Market
was open from 9:00 a.m. to 1:30 p.m. every Wednesday.
XII. RESOLUTIONS
A. RESOLUTION NO. 09-9 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, DENYING A VARIANCE TO
CONSTRUCT A GOLF CART SHED WITHIN THE REQUIRED FIVE-FOOT
SIDE YARD SETBACK LOCATED ON PROPERTY LINE AT
46-020 BURROWEED LANE Case No. VAR 08-261 (Michael and Marianne
Toia, Applicants/Appellants).
Councilman Kelly recused himself from this item and left the Council
Chamber.
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 09-9. Motion was seconded by Finerty and failed on a 2-1 vote, with Spiegel voting
NO, and Benson and Kelly ABSENT.
Councilman Ferguson moved to continue this item to the meeting of February 26,
2009. Motion was seconded by Spiegel and carried by a 3-0 vote, with Benson and Kelly
ABSENT.
B. RESOLUTION NO. 09-10 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS
TO VACATE A PORTION OF GUADALUPE AVENUE AT MONTEREY
AVENUE UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF
THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA,
AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS
INTERESTED IN OR OBJECTING TO THE PROPOSED VACATION
(Prest Vuksic Architects, Applicant).
Mayor Pro Tem Finerty moved to waive further reading and adopt Resolution
No. 09-10. Motion was seconded by Kelly and carried by a 4-0 vote, with Benson
ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
C. RESOLUTION NO. 09-11 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING AN
IRREVOCABLE OFFER OF DEDICATION OF RIGHT-OF-WAY FOR THE
WIDENING OF THE NORTH SIDE OF GERALD FORD DRIVE (Palm Desert
North 80, LLC, Applicant).
Mayor Pro Tem Finerty moved to waive further reading and adopt Resolution
No. 09-11. Motion was seconded by Kelly and carried by a 4-0 vote, with Benson
ABSENT.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION TO FILL THE INFORMATION
SYSTEMS COORDINATOR POSITION IN THE INFORMATION SYSTEMS
DEPARTMENT.
Mr. McCarthy stated staff was directed to bring any prospective employment
or recruitment to the City Council's attention for its consideration and
approval.
Mr. Gibson noted that back in November the Information Systems
Department was modified when Mr. Van Gelder left. The Director's position
was removed and the Manager position was created, which left the
Coordinator position vacant. Currently the Department consisted of a
manager and two technicians who did the day-to-day repair and
maintenance, and the two Geographic Information Systems (GIS) employees
were not related to Information Systems operations. He said if this position
was not filled, it would create a hardship for the department because of the
volume of service required and the ability to keep things running. In addition,
other pending project would be delayed or halted. Responding to question
about delegating to existing staff, he said none had the skill level required to
meet the need. Further responding, he said the Manager took on his new
responsibilities while still doing his former responsibilities as well; however,
he was struggling and five different project have been delayed.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
Mayor Spiegel understood the Department was saving about $11,000 a year.
Mr. Gibson responded that the $11,000 yearly savings was as a result of the
current layout after changing the Director position to a Manager position.
Further responding, he said part of the reason many projects were on hold
was because the whole devotion was on the new phone system.
Councilman Ferguson asked if it was cheaper to contract with a consultant
to help with the phone system, so that staff could continue doing their job.
Mr. Gibson replied that unfortunately it would take consultants longer to get
up to speed with the City's network, because each computer had to be
readjusted to the new system it was trying to establish, which was a
time-consuming process.
Mayor Pro Tem Finerty stated she was reluctant to move forward at this time,
even if it meant waiting longer for something to get done. She didn't think the
City needed to be adding employees, instead it should be protecting the
ones it already had.
Mayor Pro Tem Finerty moved to deny staffs recommendation. Motion was
seconded by Ferguson.
Councilman Ferguson requested that in the future staff provide a variety of
options well in advance and not try to hold a gun over Council's head for
approval, especially when it was on the cusp of making a $5 million cut to the
budget. He believed this item should be postponed until the mid -year budget
adjustments were made.
Councilman Kelly commented that timing was everything.
Mayor Spiegel called for the vote, and the motion carried on a 4-0 vote, with Benson
ABSENT.
B. REQUEST FOR IMPLEMENTATION OF HIRING FREEZE.
Mayor Pro Tem Finerty moved to, by Minute Motion, direct staff to implement a
hiring freeze effective immediately; said freeze to remain in effect until such time as it is
rescinded and/or amended by the City Council. Motion was seconded by Ferguson and
carried by a 4-0 vote, with Benson ABSENT.
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EGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
C. REQUEST FOR AWARD OF CONTRACT IN THE AMOUNT OF $270,000
TO KIMLEY-HORN AND ASSOCIATES, INC., FOR CONSULTANT DESIGN
SERVICES FOR NORTH SPHERE DRAINAGE — GERALD FORD DRIVE
DRAINAGE LINE 3B & 3C (CONTRACT NO. C28580, PROJECT
NO. 521-08).
Engineering Manager John Garcia stated this project was along Gerald Ford
Drive. Responding to question, he confirmed this was part of a drainage fee,
which had to be used, and funds would be used for the design. Moving
forward with construction would be part of next year's budget cycle.
Mayor Spiegel noted that staff selected Kimley-Horn & Associates, Inc. from
Riverside instead of VA Consulting from Palm Desert. He said the City of
Palm Springs recently took the position that wherever possible they would
use firms within the area to provide work for people locally. He wondered if
there was a big difference in cost between Kimley Horn & Associates, Inc.
and VA Consulting, Inc.
Mr. Garcia responded Kimley Horn & Associates was the lowest bidder. He
said staff went through a qualification -based selection first, then they looked
at the top three cost proposals, and Kimley Horn & Associates were more in
line with what was needed.
Mayor Spiegel asked if staff was suggesting that VA Consulting wasn't
qualified.
Mr. Garcia responded qualification wasn't an issue because selection was
based on the procedure set up to evaluate proposals as well as interviews.
Mayor Pro Tem Finerty said the staff report indicated that other firms didn't
address key project issues or demonstrate thorough knowledge during the
interview. She asked how much lower was VA Consulting, because this was
a $4 million project.
Councilman Ferguson stated that unless everyone was notified in advance
that the City would change the rules, it didn't make a difference, because the
City already had a bidding procedure. Ten years ago a local preference was
suggested to Council, and all the local contractors advised the Council not
to do that because all the other communities would then follow suit. He said
this issue came up every time there was competitive bidding, and he
preferred to go with the lowest responsible bidder.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
Mr. Garcia noted that two of the sub -contractors were local. Responding to
question, he clarified that Kimley Horn & Associates, Inc., was the lowest
bidder and the most qualified.
Mayor Pro Tem Finerty and Councilman Kelly stated they had misunderstood
who the lowest bidder was.
Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract
in the amount of $270,000 to Kimley-Horn and Associates, Inc., Riverside, California, for
consultant design services for North Sphere Drainage — Gerald Ford Drive Drainage Line
3B & 3C; 2) approve a 10% contingency for the services in the amount of $27,000;
3) authorize the Mayor to execute the contract — funds are available in Account
No. 232-4370-433-4001 - North Sphere Drainage. Motion was seconded by Finerty and
carried by a 4-0 vote, with Benson ABSENT.
Please note a reconsideration was given later in the meeting and the following
action was taken:
Councilman Ferguson moved to reconsider the Award of Contract in the amount of
$270,000 to Kimley-Horn and Associates, Inc., and continue it to a future date. Motion was
seconded by Finerty and carried by 4-0 vote, with Benson ABSENT.
D. REQUEST FOR APPROVAL OF $60,000 IN FACADE ENHANCEMENT
PROGRAM CONSIDERATION FUNDS FOR THE "EL PASEO RETAIL
BUILDING" LOCATED AT 73-750 EL PASEO (Steven J. Gordon, El Paseo
Retail Group, LLC, Applicant).
Project Administrator Bryce Lynn White stated this El Paseo project was
located where three other project had been completed (Chapman's Fine
Men's Wear, Pro Travel, and the Neal Building), and the level of
improvement was similar. The Applicant would be investing approximately
$692,000 in this particular project.
Responding to comment, Mr. McCarthy clarified the Facade Enhancement
Program (FEP) was funded by the General Fund. He said the FEP had
been a General Fund program for quite some time, and the Redevelopment
Agency did an off -set for the City.
Responding to question, Mr. White said the FEP had money budgeted. The
the amount budgeted in the mid -year adjustment was reduced, but there
would still be funds available for this request under the revised budget that
Council would be considering later this evening.
Mr. McCarthy reiterated this item would be a General Fund expenditure.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
Mayor Spiegel stated that even though funds would come from the General
Fund, he would hate to stop the progress on El Paseo, because it would be
a great improvement to the most important street of the City.
Mr. McCarthy asked the Council to be mindful that staff was directed to look
at the Facade Enhancement Program in terms of lowering the cap. He said
this particular request was within the guideline, but staff would bring forward
a plan that compressed the cap. He and Mr. White discussed a lower level
budget that would still maintain a standard of progress in the FEP.
Responding to question, he said staff anticipated presenting the new
guidelines to Council in two weeks.
Councilman Kelly asked that staff consider whether to continue with front and
rear facade enhancements.
Mr. McCarthy agreed to look at that within the amendment that staff would
be proposing. With respect to lowering the overall budget, that would be a
function of the foregoing annual budget. He agreed to bring this item back
at the same time the new FEP program was presented.
Councilman Ferguson moved to, by Minute Motion continue this item to such time
as staff brings forward its recommendation for a revised Facade Enhancement Program.
Motion was seconded by Finerty.
Mayor Spiegel requested that staff explain to Mr. Gordon what the City was
doing, and if he had any concerns he could speak to the Council.
Mr. White agreed to speak to Mr. Gordon. He added, that at the present
time, rear facade improvements were limited to President's Plaza.
Mayor Spiegel called for the vote, and the motion carried on a 4-0 vote, with Benson
ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
XV. CONTINUED BUSINESS
With City Council concurrence, Mayor Spiegel deferred consideration of
Continued Business Item A until later in the meeting.
A. RESOLUTION NO. 09-1 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL
YEAR 2008-2009 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS
(Continued from the meeting of January 22, 2009).
Building & Safety
Prof-Architectural/Engineering $ 31,100.00
Conference, Seminars, Workshops 7,750.00
Printing/Duplicating 20,000.00
Other Accounts 16.250.00
Total $ 75,100.00
Mr. Grance noted they made a 24% cut on their operations and
maintenance. He reviewed each line item and adjusted their spending
habits. He said no positions were eliminated.
Councilman Kelly moved to, by Minute Motion approve Building & Safety budget
adjustments in the amount of $75,100. Motion was seconded by Spiegel and carried by
a 4-0 vote, with Benson ABSENT.
Parks & Recreation/Civic Center Park
Contracting
Salaries
Contracting -Skate Park Supervision
Other Accounts
Parks
Utilities - Water
Utilities - Electric
Landscape Services
Other Accounts
$ 68,000.00
22,500.00
3.500.00
134,000.00
$ 100,000.00
40,000.00
100,000.00
18.391.00
')ol
�, ,.» i .v
242,391.00
392.391.00
Total $ 336.391.00
2.391.00
Parks and Recreation Services Manager Janis Steele stated the recreational
district did not renew their contract with the additional supervision requested
for the parks, so that was a savings of $68,000 in contracting under the Civic
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
Center Park; it was unlikely they would renew before the end of this fiscal
year. She pointed out there could be ramifications to pulling the skate park
supervision, which cost $40,000, and she wasn't recommending that it be
pulled. Another item Council may want to review was the removal of the
morning park ambassadors in the amount of $16,000 for the remainder of
the year. She said those responsibilities would be shifted to the Park
Inspectors, which would take away two hours per day from their regular
responsibilities. She said everything else listed as an adjustment could be
done realistically without sacrificing service. Mr. Gibson noted the $16,000
for the park ambassador service was included under Other Accounts.
Responding to question, Mr. Erwin said under the current law, removal of
skate park supervision could be done without exposing the City to any further
liability.
Councilman Kelly and Councilman Ferguson were concerned with the
removal of the supervision because it may attract the wrong crowd.
Mayor Spiegel suggested keeping the ambassador supervision in the
amount of $16,000 and the skate park supervision in the amount of $40,000,
revising the total adjustment to $336,391.
Councilman Ferguson moved to, by Minute Motion, approve the Parks &
Recreation/Civic Center Park budget adjustments in the amount of $336,391. Motion was
seconded by Kelly and carried by a 4-0 vote, with Benson ABSENT.
Office of the City Manager
Special Events $ 7,100.00
Conference/Seminars 17,359.00
Local Meetings 7,000.00
Other Accounts 3,791.00
Total $ 35.150.00
Mr. Aryan noted that under Other Accounts he took out $4,000 that would
normally be used for employee recognitions expenditures. However, given
the inventory of gift cards it currently had, the program could be carried
through the end of this fiscal year. Conference and Seminars included a
$15,000 cut for two trips that were appropriated to the Sister Cities. The
$7,100 cut under Special Events included City Manager birthday luncheons
and unexpected events, which also included the United Way campaign.
Monies left in the account was enough to carry forward with those programs.
He said the cuts constituted 47% of its operating budget. Responding to
question about Local Meetings, he said that account included golfing events
with the City Manager.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
Councilman Ferguson moved to, by Minute Motion, approve the Office of the City
Manager budget adjustments in the amount of $35,150. Motion was seconded by Finerty
and carried by a 4-0 vote, with Benson ABSENT.
Finance Department
Professional Computer Services $ 65,000.00
Liability & Property Damage Insurance 60,000.00
Police Services 500,000.00
Workers Compensation 100,000.00
Retiree Health Premium 100,000.00
Other Accounts 52.000.00
Information Systems Coordinator Position +40.000.00
Total $ 917,000.00
Mr. Gibson noted Police Services was included under the Finance
Department for the ease of putting the report together. He said $500,000
constituted for positions not filled. Under Workers Compensation and
Retiree Health Premium, the cuts reflected discounts given to the City;
discounts were based on the initial premium that the company charged, and
at the end of the year they provided a discount based on past history. Under
the Professional Computer Services was a cut for consultant services for the
remainder of the fiscal year. He said cuts were made under Other Accounts
for conferences, seminars, and imaging of documents. In addition, an
additional $40,000 could be added to the adjustment for the position that
would not be filled.
Mayor Pro Tem Finerty moved to, by Minute Motion, approve the Finance
Department budget adjustments in the amount of $917,000. Motion was seconded by
Ferguson and carried by a 4-0 vote, with Benson ABSENT.
Office of Energy Management
AB811 Advertising/Promotion $ 80,000.00
80,000.00
Advertising + 40,000.00
Total $ 120.000.00
Mr. Conlon stated the Energy Independence Loan Program (EIP) Phase II
had sold out on loans. The program was currently in the Request for
Proposal (RFP) process to secure private third -party funding for Phase III.
He said the program was successful that not much advertisement was
needed because air conditioning and solar contractors had been promoting
the program. Therefore, he recommended cutting $80,000 from advertising.
Responding to question, he said originally the line item had $160,000 with
$12,000 already spent. He said he had the Bright Idea Exposition event
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
coming up on March 14, 2009, which he would need about $9,500.
Mr. Spiegel added he also handed out information at the Farmers Market.
Mr. Conlon agreed to cut an additional $40,00 from his advertising budget for
a total adjustment of $120,000.
Councilman Ferguson noted there was a provision underAB811 that allowed
the City, through some of the loan proceeds, to pay for the program.
Mayor Pro Tem Finerty moved to, by Minute Motion, approved Office of Energy
Management budget adjustment in the amount of $120,000. Motion was seconded by
Ferguson and carried by a 4-0 vote, with Benson ABSENT.
Public Works
Professional Services $ 150,000.00
Traffic/Striping 175,000.00
Curb/Gutter/ADA Retrofit Program 200,000.00
R/M Medians 150,000.00
Special Programs - Water Conservation 140,000.00
Other Accounts 180.000.00
Total $ 995.000.00
Councilman Kelly stated he was concerned about cutting down on Traffic
Striping.
Mr. Greenwood recalled that concern was expressed before and staff
re -looked at the budget. In fact, staff was proposing making additional cuts
but would still retain $92,000 in that account after sacrificing $175,000. The
reason for the huge amount in that account was because it were enjoying
substantial savings from the current bidding environment. He said the entire
City had already been restriped with the exception of Highway 111 and some
residential streets, which he felt could be completed with the $92,000 that
would remain in that account.
Councilman Ferguson moved to, by Minute Motion, approve Public Works budget
adjustments in the amount of $995,000. Motion was seconded by Finerty and carried by
a 4-0 vote, with Benson ABSENT.
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COMMUNITY SERVICES
Human Resources
Recruitment advertising $ 20,000.00
City-wide Training 30,000.00
Temporary Help 20,000.00
Other Accounts 5.000.00
Total $ 75.000.00
Councilman Ferguson stated because of the hiring freeze, he could
understand why advertising was cut; however he was concerned about
cutting from the City-wide Training account.
Ms. Klassen responded the City-wide Training included cutting the LEAD
program and anything that was not mandatory, and the cuts under Other
Accounts included supplies and miscellaneous items.
Responding to question, Mr. Gibson stated Human Resources Manager Lori
Carney left enough funds in the line item accounts for whatever would be
needed.
Mayor Pro Tem Finerty moved to, by Minute Motion, approve Human Resources
budget adjustments in the amount of $75,000. Motion was seconded by Kelly and carried
by a 4-0 vote, with Benson ABSENT.
Community Affairs
Legislative Advocacy $ 9,450.00 12,000
Community Promotions -
concerts, recognition
117.825.00
127,275.00
Total $ $129.875.00
Mayor Pro Tem Finerty noted the Legislative Advocacy's budget was
$63,000 minus $9,450.
Senior Management Analyst Pat Scully said she didn't think the City would
be affected because this was the first year of a two-year legislative session
at both the state and federal level. She said the City was introducing
legislation for two active bills at the state level, and it also had a $16 million
appropriation request at the federal level, but it wouldn't affect the City this
fiscal year. Responding to question, she said the account was for
professional contracts, i.e., State Net, California Contract Cities, The
Gonsalves Firm, etc., which were set costs used for lobbying. She noted the
Secretary of State reduced some of their filing fees for the quarterly report
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required to be filed, which would help a little. Ms. Scully agreed to cut a total
of $12,000 from the Legislative Advocacy Account.
Councilman Kelly asked if the City could continue with the concerts without
cutting the whole program and instead do away with the higher priced ones.
He suggested having a local high school band perform.
Ms. Scully said whatever the Council's pleasure was she would do; however,
there were fixed cost for sound and lighting, and professional services
required to be paid. She said there were no concerts scheduled for the
remainder of the fiscal year, but the $117,825.00 represented events not yet
paid this year. She said the report reflected concerts, special events, and
City produced events; simple sponsorships were carried in the Special
Events budget. Responding to question, she was comfortable with the cuts
discussed for the remainder of this fiscal year, which would end June 30,
2009.
Mayor Pro Tem Finerty moved to, by Minute Motion, approve Community Affairs
budget adjustments in the amount of $129,825. Motion was seconded by Ferguson and
carried by a 4-0 vote, with Benson ABSENT.
Marketing
Promotional $ 35,000.00
Media Buys 135,000.00
Other Accounts 41,000.00
Total $ 211,000.00
Councilman Ferguson noted a discussion was brought up earlier to freeze
media buys.
Marketing Manager Kristy Kneiding responded that a majority of the media
was placed for the entire year in order to obtain better rates by committing
to maybe a five -time ad. At the present time, there was very little that wasn't
already committed.
Mayor Pro Tem Finerty asked how much more funds were left in the
following accounts: Art News, Art in America, Cox Media, Desert Art Scene
Magazine, Desert Graphics, Destination Connection, Full Gallop Marketing,
Hearst Magazines, Palm Springs Life, and Nancy Freidman.
Ms. Kneiding responded that Art in America and those types of things were
several different accounts and not just advertising accounts. She said Art in
America didn't come out of Marketing, it came out of Art in Public Places
funding. Full Gallop came out of both marketing and tourism, but it was also
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
with the Set to Save Program. Responding to question, she said she didn't
have the figure amount that was not encumbered, but her total budget left for
the remainder of the fiscal year was $392,000, and she was offering up
$211,000, which was more than half of what was left. Further responding,
she said the remainder of the funds was for the vacation guide reprints,
which were expensive but almost completely out. She said the guide was a
major tool used to show visitors how great it was to visit Palm Desert, which
included advertising already placed.
Mayor Pro Tem Finerty noted $18,996 was just paid for the Visitor's Guide
through the California Tourism Publication.
Ms. Kneiding replied that those funds were used for a co-op yearly
distribution to all the Welcome Centers by the State of California, and it had
amazing distribution. She said $181,000 was left in the account for the
remainder of the fiscal year that was already allocated. She said if some
summer concerts were canceled, those funds would go towards the Art &
Essay ads and Vacation Guide reprints, and an additional $10,000 could be
cut if she did away with the Summer of Fun Concert. Responding to
question about the Bright Side, she said at this point the March issue was
already at the printer. She said if the April and May issue were canceled, it
would save about $24,000 because each issue cost about $12,000.
However, staff wouldn't make that recommendation because the residents
depended on it, and it was the best way to promote events in the area. She
said maybe for the following year the City could do six issues a year, which
would be less costly.
Mayor Pro Tem Finerty noted the budget book indicated the Marketing
budget was $1.4 million, and all that was left was $211,000 for the mid -year
adjustment, which meant $1.2 million had already been spent.
Ms. Kneiding reiterated the City had already encumbered agency fee funds
to pay the advertising agency, public relation agency, and upgrade of the
website to promote Palm Desert to get visitors here. She said most of the
funds had been spent because media buys were planned for the whole year
in order to maximize savings.
Mayor Pro Tem Finery asked how would the City un-encumber for the
following year.
Ms. Kneiding said she had ideas for the following year in order to streamline
some advertising when going out to bid services. She believed that with this
economy, bids would come in at a lower cost. She said staff had shifted
onto doing more on-line advertising, which was more affordable and much
easier to track for performance. Staff will also take a hard look at the print
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
budget, which was expensive to run. She said there was also opportunities
for the Visitor's Guide to co-op with the CVA and maybe pay half of what it
paid this year, which was $18,000. Responding to question, she said the
only thing the City was committed to for the following year was the contract
with Nancy Freidman, which ran through November 2009. Further
responding, she said the Art & Essay Contest usually happened in April, and
the City usually ran a full -page ad in the Desert Sun congratulating the
winners. She said that ad could be cut down, eliminated, or instead
published it in the Palm Desert Sun, which was a new publication that was
affordable. Mayor Pro Tem Finerty said it was a good idea.
Mayor Pro Tem Finerty moved to, by Minute Motion, approve the Marketing budget
adjustments in the amount of $211,000. Motion was seconded by Kelly and carried by a
4-0 vote, with Benson ABSENT.
Special Programs
Professional - Other $ 15,000.00
Conference/Seminars 15,000.00
Other Accounts 18,000.00
Total $ 48.000.00
Responding to question about what Special Programs encompassed,
Ms. Klassen said they were programs under Ms. Frankie Riddle that included
Franchises, Community Gardens, and Citizens on Patrol.
Councilman Ferguson moved to, by Minute Motion, approve Special Programs
budget adjustments in the amount of $48,000. Motion was seconded by Finerty and
carried by a 4-0 vote, with Benson ABSENT.
Visitor Center
Cost of goods sold $ 12,000.00
Printing/Duplicating 4,000.00
Capital Office Equipment 6,000.00
Other Accounts 16,000.00
38,000.00
Total $ 26,000.00
Responding to comment, Visitor Information Center Manager Donna Gomez
confirmed $12,000 was the Visitor Center's revenue generator for Cost of
goods sold. Mayor Spiegel and Councilman Ferguson agreed that if the
$12,000 was used by the Visitor Center it would produce a profit,
Mayor Spiegel moved to, by Minute Motion, approve Visitor Center budget
adjustments in the amount of $26,000. Motion was seconded by Ferguson and carried by
a 4-0 vote, with Benson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
City Clerk
Professional -
Municipal Code Updates $ 5,000.00
Advertising 3,000.00
Capital & Other Office Equipment 5,000.00
Other Accounts 4.500.00
Total $ 17,500.00
Responding to question, Ms. Klassen said the City Clerk's operating budget
was $113,900 for the whole year, excluding salaries. She went through the
budget looking historically at the expenditures, line items, and projected
expenses out to the end of the year, and she was comfortable cutting
$17,500.
Councilman Ferguson moved to, by Minute Motion, approve City Clerk budget
adjustments in the amount of $17,500. Motion was seconded by Spiegel and carried by
a 4-0 vote, with Benson ABSENT.
City Council
Supplies - special awards $ 4,000.00
Professional - consulting services 2,500.00
Committee Member Conferences 4,000.00
Other Accounts 5.000.00
Total $ 15.500.00
Mayor Pro Tem Finerty moved to, by Minute Motion, approve City Council budget
adjustments in the amount of $15,500. Motion was seconded by Spiegel and carried by
a 4-0 vote, with Benson ABSENT.
Councilman Kelly stated that in the past Council had not participated in
putting their own budget together and requested that for the following year
he would like to take part.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
COMMUNITY DEVELOPMENT
Printing/Duplicating $ 50,000.00
Other Accounts 15,000.00
Total $ 65,000.00
Ms. Aylaian noted $50,000 was going to be used to complete a program of
scanning all the planning files and converting them to electronic images.
Staff was recommending that project be postponed to some date in the
future. The remainder of the funds under Other Accounts came from various
line items: $5,000 for replacement of furniture, and $10,000 for conferences
and seminars. She said enough funds were left under Other Account to
cover the cost of sending two Planning Commissioners to go to the Eco
California Cities training; otherwise, all staff travel was eliminated.
Mayor Pro Tem Finerty moved to, by Minute Motion, approve Community
Development budget adjustments in the amount of $65,000. Motion was seconded by
Ferguson and carried by a 4-0 vote, with Benson ABSENT.
DEVELOPMENT SERVICES
Professional Services
Office Equipment
Safety Program
Other Accounts
$ 40,000.00
10,000.00
10,000.00
8.000.00
Total $ 68,000.00
Management Analyst Ryan Stendell stated that under Professional Services
extra funds were added for the design package for the City's swimming pool,
and since that project was at a standstill those funds were being offered. He
said travel was limited, except to those who were required to hold a
professional certificate. Under the Safety Program staff offered $10,000 with
the remainder to be used for the Boot Truck and the purchase of chairs for
employees for safety reasons.
Mayor Pro Tem Finerty moved to, by Minute Motion, approve Development Services
budget adjustments in the amount of $68,000. Motion was seconded by Ferguson and
carried by a 4-0 vote, with Benson ABSENT.
Mr. Gibson stated the total City-wide adjustment was now $3,134,466 plus
or minus.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
CAPITAL IMPROVEMENT PROGRAM
Portola @ Whitewater Fund 400 $ 2,200,000.00
Mr. Gibson noted this amount would be transferred back into the General
Fund and treated as revenue.
Councilman Ferguson questioned an article in the newspaper about funds
being mistakenly put in the budget for the right-hand pocket on Portola
Avenue, which was voted down in April, and yet the newspaper reported
those funds were put in the budget anyway because it took the City three
months to print the budget.
Mr. Greenwood explained that funds were put in the budget expecting to do
the right-hand pocket project, Council took action, and approval of this
adjustment would put those funds back in the General Fund budget.
Mayor Spiegel stated if the $2,200,000 was put back in the General Fund,
it brought the total adjustment over the $5 million goal.
Mayor Pro Tem Finerty reminded Council that a discussion had taken place
about additional adjustments like Street Fair monies in the amount of
$225,000, the Brothers Building in the amount of $1.2 million, and not fund
the carport for $225,000 (totaling $1.65 million).
Mayor Spiegel noted the Brothers Building was approved by Council, so it
would have to be put on the agenda.
Responding to question, Mr. Erwin stated the Council was discussing the
budget, so it would be appropriate to take action now.
Mayor Spiegel suggested taking a look at where the City stood before taking
action, because the money wasn't being spent, and it was just sitting there
growing little interest.
Mayor Pro Tem Finerty said the $2.2 million for the Capital Improvement
Program was ambiguous, and she would feel better if the $1.2 million was
added to the $3.8 million to arrive at the $5 million.
Councilman Kelly stated that it was a matter of principal, because he didn't
believe any money should be designated ahead of time, like the Brothers
Building or profit from the golf course; funds should go directly to the General
Fund and compete with everything else.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
Mayor Pro Tem Finerty moved to by Minute Motion, authorized the re -programming
and transfer of funds from the Street Fair Fund, the Parkview Office Building (Brothers
Building) Fund, along with elimination of the carport project at the Parkview Office
Complex, approximately $1.65 million in total, to the City's General Fund for unrestricted
use. Motion was seconded by Ferguson and carried by a 3-1 vote, with Spiegel voting NO
and Benson ABSENT.
Mayor Pro Tem Finerty stated she wanted to discuss moving the Art in Public
Places employees to the AIPP monies. She said Mr. Gibson had provided
a figure of $100,000, but she wasn't sure if that figure included benefits.
Mayor Spiegel stated he understood what Mayor Pro Tem Finerty was
attempting to accomplish, but he didn't think it was fair to the employees
sitting in the audience.
Mayor Pro Tem Finerty said no one needed to get nervous because Council
would only be switching accounts.
Mr. Gibson stated $150,000 included benefits for a whole year, but a good
figure for the remainder of the year would be $40,000, which included
benefits.
Councilman Kelly noted the Director's pay came out of the money that was
assessed by developers that supported AIPP, but the salary for the two staff
support employees came out of the General Fund. The comment was made
that the City made an agreement with developers that the General Fund
would pay for administrative staff support. However, at that time, the
secretary from the Planning Department provided clerical support to the Art
Director, which was a small administrative cost then. Today there was two
extra people that did a lot more work that was not part of AIPP, like the Art
& Essay Contest and tourism. He said if all three employees were paid from
AIPP, those funds would dissipate in no time, and General Fund monies
would be used anyways. He said before making decisions on where those
employees should be paid from, he wanted a detailed description to show
exactly what they did to determine where their pay would come from.
Mayor Spiegel stated the City owed it to the Building Industry Association
(BIA) to notify them because they were initially part of the agreement.
Mayor Pro Tem Finerty stated the total adjustment was now at $4,784,466.
She was hoping to find another $215,534 to reach the $5 million savings,
independent of the $2.2 million Capital Improvement Program adjustment,
which she wasn't taking into account.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
Responding to question about transferring Redevelopment Agency funds,
Mr. Gibson pointed out that under Exhibit "B", the budget adjustment showed
an RDA reimbursement of $339,000 for legal costs relating to rent control,
$8,000 for Make a Star, and telephone funds, which would bring the total to
$5,123,466.
Based on the above adjustments, the City Council waived further reading and
adopted Resolution No. 09-1 as amended on a 4-0 vote, with Benson ABSENT.
B. REQUEST FOR APPROVAL OF THE REPLACEMENT OF PALM DESERT
FIRE STATION NO. 71 AMBULANCE CAB/CHASSIS AND
REFURBISHMENT OF ITS EXISTING PATIENT COMPARTMENT AT A
COST OF $86,875 PLUS APPLICABLE TAXES (Continued from the
meeting of January 22, 2009).
Mr. Aryan noted the Public Safety Commission met and recommended to the
City Council the purchase and refurbishment of this capital improvement.
Councilman Ferguson asked if any discussion was given to the purchase of
a Compressed Natural Gas (CNG) ambulance.
Mr. Aryan stated the CNG preference was pointed out to the Commission,
and it was discussed with the Fire Department, but because of weight
restrictions and storage, it would be complicated.
Mayor Pro Tem Finerty noted the staff report indicated the Fire Department
had reported that no configuration was currently available and that adding a
CNG tank to the ambulance could be problematic due to weight restrictions
and equipment space needs.
Councilman Ferguson stated he had received similar responses in the past
on pick-up trucks, fleet vehicles, and everything else. He said he had
checked with other cities and fleet management specialists, and it wasn't like
his request was unheard of. He said it would take some creativity on the
City's part, but in this case, he didn't think much research or investigation
was conducted.
Battalion Chief Dennis Dawson stated they checked with the manufacturer
and currentlythere was no availability for ambulance configuration with them.
He said the City was limited to doing aftermarket add -on type of items. He
said it could be done by removing some equipment or limiting the number of
patients carried in an ambulance. He believed more options would be
available in the future because the manufacture indicated that in 2012 they
would have the cab/chassis and the configuration available to get alternative
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
fuel in them. At this time, he could not recommend aftermarket items for
CNG without some intense study into determining all of the impacts involved.
Councilman Ferguson commented that he couldn't believe there was no
CNG ambulance that could be purchased in the United States.
Chief Dawson stated that it was the response they received from the
personnel where they purchase the cab, and from two vendors at the
mechanical shop. He said this refurbishment unit could be canceled, and
staff could look into buying a new ambulance, which typically cost $140,000
to $150,000 in its current configuration, but he didn't know what the price
would be in a CNG. He didn't believe CNG units ran like normal vehicles
because they sat and ran hard.
Councilman Kelly said he thought it would be an advantage to have CNG
vehicles because the engines were not as dirty.
Councilman Ferguson stated he would prefer that a thorough research was
done, even if the ambulance was more expensive, because Palm Desert was
an alternative fuel City on the leading edge of energy conservation, and for
the City to have diesel ambulances didn't make sense.
Councilman Kelly noted the City's trash hauling company was conditioned
to change to CNG, and the postal service vehicles were CNG as well.
Councilman Ferguson requested that all options be explored because the
former General Manager of SunLine had mentioned to him there were CNG
ambulances available and possibly grants for the City to buy them. He said
the City could make a demonstration out of them and/or be the first in
California to buy them.
Chief Dawson agreed to research and explore options for a new unit that was
CNG. He asked Councilman Ferguson to forward the contact information to
him.
MR. SCOTT VISYAK, Captain Paramedic and Ambulance Coordinator for
the Coachella Valley stated he did extensive research on the CNG
ambulances, and Frazer who was the current vendor, said there wasn't a
chassis that would accept the build-up box that was currently being used. He
noted the current ambulances performed well considering the climate
conditions they were put through here in the desert. He said small van type
of CNG ambulances existed, but they were not the Type -One ambulances
that the City used. However, Frazer indicated there would be a chasse
available around 2012.
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Councilman Ferguson asked if the problem was the sole vendor contract or
CNG availability.
MR. VISYAK replied it was both.
Councilman Ferguson stated at one time the City was told they couldn't
transport people on golf carts, and the City worked with the manufacturer to
make a special golf cart, and now Palm Desert was the only town in the
Country that had one.
MR. VISYAK stated they contacted two large auto manufacturers (GM and
Chevy) and found that they didn't make a truck chassis where they could put
a build-up box on it or handle a CNG storage cage. Further responding, he
agreed to continue this matter until all options were explored.
Councilman Ferguson moved to, by Minute Motion continue this matter to the
meeting of February 26, 2009. Motion was seconded by Kelly and carried by a 4-0 vote,
with Benson ABSENT.
XVI. OLD BUSINESS
A. CONSIDERATION OF REQUEST BY JIM THOMPSON TO LEAVE
CURRENT BOND AMOUNT IN PLACE FOR SHEPHERD LANE STREET
IMPROVEMENTS AND APPROVE SECOND AMENDMENT TO THE
SUBDIVISION IMPROVEMENT AGREEMENT, WAIVING THE INCREASE
OF SURETY Tract Map No. 32498 (Jim Thompson, Applicant).
Councilman Ferguson moved to, by Minute Motion: 1) Approve request by
Mr. Thompson to leave current bond amount in place for Shepherd Lane Improvements
(Tract Map No. 32498); 2) authorize the Mayor to execute a Second Amendment to the
Subdivision Improvement Agreement, waiving the increase of surety. Motion was
seconded by Kelly and carried by a 4-0 vote, with Benson ABSENT.
B. REQUEST FOR APPROVAL OF PROPOSAL FOR THE PAINTER'S PATH
PROJECT FOR ENTRADA DEL PASEO (CONTRACT NO. C27570E).
Mr. Twedt noted the artist D. Clemments who did the City's Holocaust
Memorial was in the audience to answer any questions regarding his
Painter's Path proposal. He said 11/2 years ago it was suggested to the
Commission to look for a project for the Entrada area, and the AIPP liked
Councilmember Benson's idea to honor the early California "Plein Air"
painters.
Councilman Ferguson stated Councilmember Benson requested this item be
continued to the next meeting.
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Mayor Pro Tem Finerty clarified Councilmember Benson said this project
needed to be held off because the City might need the $250,000. She said
it wasn't a matter of continuing to the next meeting, but a matter of
continuing to a time uncertain.
Mr. Twedt noted the four designs were owned by the City, and at any future
date, the City could commission one of the artist to do the project.
Mayor Pro Tem Finerty complimented the work because it was easily
recognizable; however, she would move to deny the request or continue to
a date uncertain until the City's financial matters were under control.
Mayor Pro Tem Finerty moved to deny staff recommendation. Motion died for lack
of a second.
Responding to question about funding, Mr. Twedt confirmed $168,000 were
from assessed funds for AIPP and $82,000 was from Redevelopment
Agency Funds; RDA contributed 1 % of the project cost.
Councilman Kelly noted the 1 % from RDA was a requirement for
construction on El Paseo, which was from an assessment fund that had to
be used for AIPP. Mr. Twedt agreed, stating it was part of the City's
Ordinance.
Councilman Ferguson stated he wasn't prepared to vote on this item. He
couldn't recall a time when a Councilmember's vote could be taken in their
absence or if it was even legal, and in the past Councilmembers have been
accommodated when absent.
Councilman Ferguson moved to, by Minute Motion, continue this matter to the
meeting of February 26, 2009.
Councilman Kelly agreed to continue this matter until Councilmember
Benson was present. However, he couldn't understand why Council would
continue this item in relationship to the current economy, because funds
could only be spent on art, which was the only purpose for those funds. He
said this project was a fantastic idea, and Council had a great art selection
to choose from.
Mayor Pro Tem Finerty stated the reason the Council might not want to
spend these funds was because at Tuesday's Budget Study Session, there
was discussion about moving the cost of two AIPP employee salaries and
benefits into the AIPP fund, and Council needed to make sure funds were
available in that account to make the accommodations.
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Mayor Spiegel stated he thought that discussion was about next year's
budget.
Councilman Kelly stated the Council should only deal with this item
specifically and deal with the budget when it came up. He was open to
discussing the two employee's salaries, but he questioned if this was the
time and place.
Mayor Pro Tem Finerty seconded the motion, and it carried by a 4-0 vote, with
Benson ABSENT.
C. REQUEST FOR AUTHORIZATION TO EXPEND $50,000 AS ADDITIONAL
FUNDING FOR FASHION WEEK EL PASEO 2009, MARCH 23-29.
Mr. McCarthy stated that at the last meeting, the City Council authorized
$100,000 to support Fashion Week, and there was further discussion relative
to increasing that by $50,000. He pointed out that approximately $50,000 to
$60,000 of additional sponsorship money had been brought to the table that
he didn't believe Council was aware of, which appeared to offset Palm
Springs Life (PSL) expenditures and leaving its deficit at about par to where
it was last year. Further responding, he said Council needed to take the
additional monies received by PSL into consideration.
Mayor Pro Tem Finerty stated the bottom line was whether it would be Palm
Springs Life or the City of Palm Desert that would lose money. She said the
event had a deficit even with the $60,000 of additional sponsorship. She
said last year's ticket sales were only $20,000, but the event had a deficit of
$78,000 to $95,000.
Councilman Ferguson noted he had received an e-mail from PSL a week
ago and taking figures from that e-mail, the Council had a split
recommendation of $175,000 from staff and $150,000 from the Marketing
Committee, and the Council approved $100,000. He was told by PSL that
if Palm Desert only approved $100,000 that it would lose $105,000, which it
couldn't afford to do. He agreed to reconsider because he didn't think it was
fair for PSL to incur additional lost after it was encouraged by staff to enter
into contracts that it couldn't easily get out of. He said with the approval of
the $100,000 from the City plus the $60,000 in additional sponsorship, PSL
would have more than what Councilman Kelly had suggested at the last
meeting. Now if the City approved an additional $50,000, PSL would have
a total of $210,000, which was above what staff, Committee or Council had
recommended. However, by adding $160,000 to the Fashion Week budget,
there would be a deficit of $95,400 as opposed to $86,300. There was a net
difference of $9,100 that he would be willing to vote for, but if the City gave
PSL $50,000 on top of the $60,000 received as a result of the publicity, it
would give PSL a windfall that no one anticipated.
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MR. MICHAEL MATHEWS, Marketing Director for Palm Springs Life, stated
the budget he e-mailed Councilman Ferguson was $100,000 with $60,000
of sponsorship they already had incurred, and even with that amount, PSL
was $95,000 in the hole. He said the $60,000 mentioned that PSL received
was already figured into the budget that had them at a $95,000 deficit. He
said they had commitments based on what was told would be their
allocation. He didn't think it was fair that Palm Springs Life should be
penalized because final approval wasn't requested from the Council in a
timely basis. However, Palm Springs Life would continue with the event
because it believed in Fashion Week and El Paseo merchants, who have
been their strong partners for many years. They were continuing with
Fashion Week and hoped Council would approve the additional $50,000.
Councilman Ferguson agreed PSL shouldn't be penalized, although he
thought someone should be for putting the Council in this situation.
However, if PSL needed $9,100 to make sure it met it's projected cost based
on the erroneous representation given, he was willing to coverthe difference.
Mayor Pro Tem Finerty stated she still questioned why the event from 2008
to 2009 evolved expense wise.
MR. MATHEWS replied there were more events and less leased events.
Mayor Pro Tem Finerty stated the total event expenses had jumped from
$212,000 to $279,000. She heard one of the reasons was because Los
Angeles models would be brought in and had to be housed, and their cost
was $20,000. She thought there were models here locally that would do just
fine, but heard that the image wouldn't be the same. She didn't think the
Council was really that concerned with image when it was trying to just put
on a fashion week. It seemed to her that a few events could be cut and hotel
cost could be eliminated by using local models.
MR. MATHEWS responded hotel cost was not part of the models budget.
Councilman Ferguson moved to, by Minute Motion authorize the expenditure of
$9,100 as additional funding for Fashion Week El Paseo 2009. Motion died for lack of a
second.
Councilman Kelly stated there's been much discussion about profit and lost,
but the whole thing was like advertising in the newspaper, magazine, or
television, and how would one know what the profit or loss was. He said this
event was not about selling ticket, it was about advertising and promotion of
the community. He did not believe this item could be dealt with as a profit or
loss. He said maybe the Council didn't agree with spending that much
money to promote El Paseo and the City, but then that would be a separate
issue.
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MR. MATHEWS stated PSL had never viewed this as a profit -making event.
Mayor Pro Tem Finerty asked if Councilman Kelly wanted to look at the
$165,000 promotional opportunity spent combined with $1 million for the
Palm Springs Desert Resorts Convention and Visitor's Authority (CVA),
Nancy Freidman, and Piper Close contracts, because the Council handed
money over for marketing that no one knew what the return was.
Councilman Kelly stated that was exactly his point, and he would rather get
rid of some of the others.
Mayor Spiegel stated Fashion Week was a successful event for the City. He
said New York was doing additional fashion shows this year, and for
whatever reason, Los Angeles and San Diego would not be having their
event. The only fashion show in Southern California would be in Palm
Desert, which meant more people would come to El Paseo. He said El
Paseo was the most important street in Palm Desert, and to deny PSL
$50,000 would be wrong.
Councilman Ferguson agreed with Councilman Kelly, but his goal was
fairness. He said PSL had planned to spend $86,300 and his motion would
ensure PSL didn't spend more then what was budgeted. He didn't think it
was fair that PSL should incur additional expenses because they were given
assurances that they would receive funding, and whoever it was, was in no
position to give them.
Mayor Spiegel recalled during the budget process last June, Councilman
Ferguson had stated Fashion Week was a great event and that the City
should budget $200,000 for it.
Councilman Ferguson agreed, but the City had unparallel economic success
last June. He said the Country was in its second great depression, and it
shouldn't be throwing champagne parties in the streets.
MR. DAVID FLETCHER, El Paseo, Palm Desert, stated these were difficult
times for everyone, and stated the Council had done a phenomenal job in
managing the City over the years. As a resident of Palm Desert, he
appreciated the City being careful about how it spent money, and applauded
the Council's efforts because it was not an easy task for businesses or cities.
He understood there was confusion about the amount of support that PSL
would get from the City, and although he didn't know how that happened, it
was a shame that PSL was now in a situation at this late date, which made
it difficult for anyone to do anything on a footnote. He said if cuts needed to
be made in Fashion Week or other sponsors needed to be found, at least it
would be known for next year. He said PSL reached out to many different
people to find additional funding in such short notice, and it raised about
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$60,000; $10,000 was coming directly from the El Paseo Merchants
Association Advertising budget. He said it was a difficult decision to approve
the additional funds because they were at the end of their budget cycle, and
it would cripple their marketing efforts planned for March and April. It
concerned him that in this environment they were taking funds from one
advertising aspect for another one. He was speaking on behalf of the few
merchants he had an opportunity to talk to who were unable to attend. He
said Susan Stauber who sat on the Board of Merchants Association, was a
long-term manager at St. John, and present manager at Chico's felt
passionately about Fashion Week. It was related to him that each year
during fashion week, sales were 30% more than the previous year. He said
SheShe, a small fashion store had $10,500 more in sales on Fasion Week
than the prior year when they didn't participate. In addition, SheShe threw a
pre -party the Thursday before Fashion Week and made $8,200 that evening
alone. He said Fashion Week was an event that had grown nicely and would
continue to grow. He urged the Council to support it in anyway possible. He
had heard there was a question about whether fashion week would occur at
all without the additional funding, which would be a disaster for El Paseo.
Councilman Ferguson noted Palm Desert had approved funding for Fashion
Week this year for $100,000, $100,000 the previous year, and $100,000 the
prior year, so the notion that Palm Desert was not funding Fashion Week or
that it wasn't supportive was a little misguiding.
MR. FLETCHER responded he did not mean to imply that Palm Desert
wasn't supportive, stating he recognized the event wouldn't have gotten off
the ground without the support of the City. He was sorry the event hadn't
grown to the point where funds weren't needed from the City, but he hoped
that it would. He wasn't aware that PSL was expecting more funding this
year than in prior years, but he just wanted Council to know what the
merchant's feelings were and how important this event was to El Paseo.
Responding to comment, he said he didn't represent all the merchants, only
the ones he spoke to who were unable to attend the meeting on such short
notice, and he didn't know what efforts had been made to invite more to
come this evening.
Mayor Pro Tem Finerty stated she did her own survey of El Paseo that
included jewelry stores, restaurants, and clothing stores. The comments she
received were that it wasn't appropriate to fund Fashion Week, they opposed
the event because it didn't build their business, that they had been a
merchant for 19 years and had to downsize, that things were pathetic on the
Street, that if the City had so much money to give, it should just divide the
money and give it to the merchants, and that things couldn't continue to be
done the same way. She said people contacted her because of her stance
on this event and was told it caused extra traffic on the El Paseo, and it didn't
help their business. An audit had been requested because she's heard this
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number of a 30% increase, and there should be a way to determine that the
City then received 30% more in retail tax, but right now the City didn't have
such an audit or numbers to back that increase.
MS. SUSAN STEIN, Fashion Editor of Palm Springs Life, stated she's been
involved with this event since its inception, and it's grown from two events to
ten events. Every year at the end of Fashion Week the event was assessed,
and they were strongly encouraged to move ahead to make it bigger and
better. Therefore, they reached out to sponsors and raised $60,000,
because merchants were committed since the beginning and encouraged
that the event would have a bigger week with more events. Responding to
question, she said PSL was encouraged by store owners, designers, and
people in the industry. She said PSL received worldwide inquiry about Palm
Desert's Fashion Week, because it's the first consumer driven event that was
marketed and well known, which was the purpose of it. She stressed that
the people who gave money for sponsorship that have been quoted as
helping PSL just recently, are people who were happy to support a good
event. She was out on El Paseo all the time talking to store owners and
heard the stories about their in-store events, which was why this year there
were more than 40 stores committed. She said models were brought in from
Los Angeles at the request of the designers who have shows in New York
and in Los Angeles. She noted PSL had obtained models at rates lower
than what some of the local agencies offered. This year Fashion Week, El
Paseo, and Palm Desert will be watched closely because of the uniqueness
of the event.
Mayor Pro Tem Finerty asked how much money was being contributed by
those people that were encouraging PSL to continue with this event.
MS. STEIN replied that PSL paid for the designer shows, but there were
shows supported by the merchants because they felt it was good marketing
and advertising for them. The merchants contributed toward the opening
show, which was the Runway Bar. She said because of the kind of event that
it was and the excitement with the nine events, PSL was moving ahead. She
said PSL had already started selling tickets, which she thought was very
encouraging.
MS. DENISE ROBERGE stated she thought the City should grant the event
$175,000 because that was the amount PSL anticipated receiving from the
City when they put the grand program together. At first she didn't know much
about Fashion Week because she didn't have a fashion store. However,
she too did her own research and was amazed on how the merchants
thought the event was incredible. She's been working with Ms. Stein and
planned to take part in a big way this year. She said El Paseo was a
money -making street for the City and believed the City should back the event
100% and allow it to grow to become big and incredible. She felt everyone
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owed PSL a big thank you for the event because it was putting money back
into the people that it made money from. She was disappointed the City
was reneging on the $175,000 that PSL thought they would receive from the
City. She said it took her six hours to review the City's budget, which she
thought was nicely put together; however, she had other suggestion on
where the City could trim. She reiterated the City should invest $175,000 on
El Paseo.
MR. ROBERT FLIDAY, General Manager of The Gardens on El Paseo
Management Office, stated he did step up to support Fashion Week with
money. They contributed $15,000 in addition to what they already did at The
Gardens locally in order to try to make this event bigger and better; the
$15,000 was part of the $60,000 additional sponsorship. He said much had
been said about statistics and dollars, which were important. However, he
wasn't going to defend or argue PSL budget on this particular event, he only
wanted to make the point that business had been dismal for two of the
higher -end retailers on El Paseo. He said The Gardens and Churchill
Management had double digit decreases for the year, and they've increased
their marketing budget for the past two years and again for Fashion Week,
and he'd hate to see the event not get the funding. He noted last year El
Paseo didn't have an increase in vehicle traffic; the only month they had a
small decrease in traffic was the month of Fashion Week, but there was a
five percent increase in parking stalls. He said Fashion Week was on the
heels of the Indian Wells tennis tournament that attracted 300,000 people,
which stuck around for a high -profile event like Fashion Week. He
understood money was tight for everyone, and everyone was looking for
ways to adjust their budget and spend their money wisely, which he believed
Fashion Week was a wise proposition for the City. He'd like to see the
Council approve the additional $50,000 or $75,000 if possible.
Mayor Pro Tem Finerty stated the City was trying their best to support the
event with $100,000, and it wasn't turning its back on it. She said statistics
and dollars mattered when the City faced a $5 million deficit. She
questioned how big should a deficit be before it started reigning in expenses.
MR. FLIDAY replied he didn't know about the City's budget and wouldn't
scrutinized it, but when he looked at his budget, he looked for value in what
they were doing at The Gardens. He acknowledged the City was a big
supporter of Fashion Week, Art of Food & Wine, and many other events. He
said he was just asking for the City's support because high -profile tenants on
El Paseo generated a lot of business and tax revenue for the City, and if
sales continued to go down, the City would have less money in the General
Fund.
MR. MICHAEL SHIMER, General Manager of Tommy Bahamas and
President of El Paseo Merchants Association, stated the Desert Sun
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
published comments made that were confusing to people, because he
understood Councilman Ferguson was behind the $100,000 contribution to
begin with and it was appreciated. However, it seemed there was a lot of
in-house fighting among Councilmembers and staff, and it was a shame that
it was out in public because it affected Fashion Week and what it could
accomplish. He said Tommy Bahamas sponsored an evening for the past
three years to a cost of $50,000 for one evening. After the event last year,
his corporate office thought it was the best thing they ever saw and were fully
behind him this year, but like the City, they were in a much better position
last year and funding for the event was pulled this year. However, they were
still supporting and participating in Fashion Week. He said the City should
not stop promoting an event in these times. He said most of their business
was down between 20 to 30 percent, so to pull the extra funding right now
didn't make sense. In response to Mayor Pro Tem Finerty's point, he said
he could always find people on the street that thought no matter what was
done, it wasn't helping them; even in his own restaurant he could find people
he couldn't please. He said the City had to look at the bigger picture and
stay in front of the public, because Palm Desert no longer had the Samsung
Golf Tournament, and the Skins Game was no longer local. He believed a
contribution by the City in the amount of $175,000 would bring the City a
triple return, and stated that it would be appreciated. Responding to question,
he said Tommy Bahamas had purchased one evening of Fashion Week, but
they weren't a $50,000 sponsor.
Mayor Pro Tem Finerty asked how was it any different from Tommy
Bahamas cutting back and the City cutting back.
MR. SHIMER replied that there wasn't any difference; however, if the
meetings had been aligned in June, and the paperwork had been processed
like it was suppose to be, the Council was already behind the event for
$200,000 and later for $175,000. He understood the economy had changed,
but this matter had been turned around by putting staff against the Council
at the merchants expense.
Councilman Ferguson responded if this matter had been handled properly
no one would be here; however, the Council had supported the event with
$100,000 for the past three years, and it was now being beseeched to give
the event $75,000, which would be $55,000 more than expected and above
the $200,000 mentioned, and now the Council was being blamed for causing
this situation. He said only the City Council could commit dollars, and he
was the biggest supporter of this event since the very beginning, in the first
year when the City funded it for $50,000, but when the mortgage and bank
crisis hit and everything started to fall apart in October, the City should have
informed everyone that the it couldn't do the event, but it never happened.
He said someone gave assurances that this event would be funded for
$175,000, but that person had no authority to make those assurances. He
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2009
felt bad that those assurances were relied upon, which was why he
reconsidered. Once the Council approved the $100,000, the event had an
out pouring sponsor support in the amount of $60,000. He was offering to
contribute the difference between the $175,000 and $160,000 to make sure
PSL didn't spend more than what was planned. It was difficult for him to
hear he was the one that created this problem, when really all he was trying
to do was help.
MS. STEIN clarified that when PSL was told they would receive funding for
the event, they believed it, and they started then raising the $60,000 on the
basis that they would receive the $175,000; the "good seed" money to make
the event happen. In reality the whole event cost more and PSL needed the
sponsorship money. The disappointment was that PSL made the
commitment to have events that were high -caliber and later found out it had
become a hardship. She said there was no blame or anything to that issue,
it was just that PSL started planning for the following year immediately after
the last event because they were more encouraged. When they found out
they would received $175,000 support from the City, PSL than raised the
sponsorship that everyone believed was raised since this last City Council
meeting, and now they were hoping to get the additional funds they had
originally planned for.
Councilman Ferguson stated he was looking at PSL budget that was given
to him by Mr. Mathews, and it showed no sponsorship under the proposed
2009 budget, but the revised one included the City's $100,000 contribution
plus an additional $60,000 in sponsorship, and he was offering to cover the
difference. He didn't see how that diminished the event, planning, or anything
else.
MR. MATHEWS stated that when he and Councilman Ferguson met, he
mentioned that PSL had not planned for sponsorship dollars in the budget
but that he would pursue them. He had also mentioned to Mayor Pro Tem
Finerty that PSL was prepared to return money to the City if the event had
an excess. He said Tommy Bahamas took an event and funded for $50,000,
but they couldn't do that again this year, so PSL took that night, which
created a cost. He said this year they had nine solid events for Fashion
Week. He said they believed in the event, so they have reached out to try
to bring more people into the City, into the event, and hopefully to spend
more money. PSL was running ads in Los Angeles Magazine, Orange Coast
Magazine, and San Diego Magazine, which had never been done before,
plus they had 600 radio spots committed; PSL had major press behind the
event. He was asked if it was PSL intention to ask the City for more funding
and his answer was that it wasn't. He said it was PSL intention to put on an
incredible event that could be funded by sponsorship and without City
contributions. He distributed a copy of the program to the Council, stating it
showed how merchants were spending their own money to create in-store
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events during Fashion Week because they believed it will bring more traffic
to them and therefore larger sales.
Mayor Pro Tem Finerty stated that in 2006, according to PSL budget, there
were zero sponsors other than City of Palm Desert; in 2007 there was
$100,000 from the City and category sponsors of $25,000; in 2008 the
category sponsors went down to only $10,000; and when the budget was
presented this year, there was $175,000 with zero category sponsors. In
addition, the ad sales had dropped from $20,000 in 2008 to $3,000 for 2009.
She said ticket sales were paltry, and she didn't see how it was expected of
the City to fund something that would have no funds returned to the City. She
said there was no option but to tighten the belts and was sorry it had come
to this. She said the $100,000 that the City gave in good faith was totally
unappreciated.
Mayor Spiegel stated he spent 32 years in retail with May Company
Department stores, and when times were tough one promoted. He said one
didn't sit back and hope people came into the store.
Mayor Pro Tem Finerty stated that apparently Tommy Bahama's didn't have
the same belief because they pulled back on their $50,000 event.
MR. SHIMER explained that up until last year he had spent his discretionary
funds because it was a private company, but now it was a public company.
He said the company took all the advertising funds from all the Tommy
Bahama's around the world to do their own advertising for events across the
country, but after a few years it will stop sponsoring an event; it didn't mean
they wouldn't support or participate in another way. He said the company
supported Palm Desert Fashion Week and participated in the Miami Swim
Fashion Week as well. He said they were totally appreciative of the City's
$100,000 contribution, but the event was now six weeks out and PSL didn't
know how much money they could spend. He thought it was a black eye on
the City if the event couldn't be pulled off or if half the events were canceled.
MS. SARA O'FLYNN, Marketing Director of The Gardens on El Paseo,
thanked the City for sponsoring the event with $100,000 in the past, and it
was deeply appreciated. She said it was not overlooked because it was a lot
of money. She represented more than 40 merchants and retailers that held
this event near and dear to their hearts. She said Heather Wright from
Sammy's Woodfire Pizza was very anxious that Fashion Week wouldn't
happen because traffic pulled in restaurant business all week for her, and
with double digits down in sales, it was a huge concern. She said managers
from Banana Republic, Anne Taylor, Talbots, Tiffany, and Cole Hann have
all shared concerned to the El Paseo Business District, because this event
pulled business into their stores. She didn't want to argue the numbers, but
simply to say that The Gardens was participating this year with $15,000 that
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it didn't put forward last year. She said the corporate officers were so
impressed last year, that aside from offering a Spa Day, Step into Spring
Fashion Show, and Furry Friends Fashion Show, which were all affordable
and great community events, she was contributing $15,000 from her own
budget; she was committed to the event along with other merchants. She
said that with all sincerity, she was thankful to the Council for the past
support, which was much appreciated and hoped the Council could see it
through for the additional $50,000. Responding to question, she confirmed
she was on the Marketing Committee serving as the Chairman. Further
responding, she said staff had recommended $175,000, but the Marketing
Committee decided on $150,000, which was out of respect for what the
Council had done in the past. She said the Marketing Committee paid
attention to what had been done before, and she was grateful to have City
liaisons and Councilmembers at the meetings to help the Committee work
through issues and talk about what was good for the City.
Councilman Kelly stated he felt strongly that you couldn't count ticket sales
if you wanted to promote the City. For him there were a lot of other things
that were more appropriate to cut that weren't nearly as beneficial with the
potential for future benefit. He said Fashion Week promoted the City, El
Paseo, and it was a line up for future and bigger benefits. He said there was
a lot of money in other places that wasn't nearly as well spent. He would be
in favor of approving $50,000 for Fashion Week and have funds cut out of
next's year's budget, which would have to be done anyway. He said this
event was more important than the Art of Food & Wine, and Convention &
Visitor's Authority.
Councilman Ferguson noted down the line Art of Food & Wine would be
requesting ten times more than what Fashion Week was requesting, and the
Council will be told funds were given to Palm Springs Life. However, what
he was hearing between the lines, was that the additional $60,000
sponsorship was raised back in June and not as a result of the City's recent
$100,000 commitment. He regrets this matter reached this point because
the City had been PSL best partners for three years. He asked Mr. Mathews
if $50,000 would make PSL whole based on commitments made.
MR. MATHEWS replied that PSL would break even with the $50,000.
Mayor Spiegel stated the president of the Palm Desert Chamber of
Commerce had indicated Fashion Week was one of the most important
events of the City, and many of the people on El Paseo were members of the
Chamber of Commerce. He said on behalf of himself and the Chamber, he
would recommend approval of $50,000.
Mayor Spiegel moved to, by Minute Motion authorize the expenditure of $50,00 as
additional funding for Fashion Week El Paseo 2009 from Account No. 110-4416-414-3061.
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Motion was seconded by Kelly and carried by a 3-1 vote, with Finerty voting NO, and
Benson ABSENT.
MR. MATHEWS thanked the Council on behalf of Fashion Week Palm
Springs Life, and stated Council will be very proud with what happened this
year.
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION
ACTION, DENYING A REQUEST FOR A VARIANCE FOR AN EXCEPTION
TO PALM DESERT MUNICIPAL CODE SECTION 25.68 - SIGNS, TO
PERMIT A THIRD MONUMENT SIGN FOR CARL'S JR. IN THE
UNIVERSITY VILLAGE CENTER LOCATED AT 36-879 COOK STREET
Case No. VAR 08-304 (National Sign and Marketing/The Evans Company,
Applicants/Appellants) (Continued from the meeting of December 11, 2008).
Principal Planner Tony Bagato stated this item had been before the Council
on December 11, and it was continued in order for staff to look at the
possibility of allowing additional monuments for larger centers, in addition to
updating the Sign Ordinance. The Applicant requested a third monument
sign on Cook Street at the University Village Center. He said the Code did
allow for one additional sign for large shopping centers that had more than
1,600 lineal feet along a street. Staff began looking at other centers in the
City and made findings and recommendations to the Signage Subcommittee
back in January. He said Westfield had approximately 2,200 lineal feet on
Highway 111 and found it only had one monument sign on Highway 111, and
according to the Code an additional monument could be added. On
Monterey Avenue there are three monument signs approved as part of the
Development Agreement. At Desert Crossings there are two monument
signs on Highway 111 with additional signs located on garden walls, which
could be considered four signs; the project was approved for two monument
signs and two main signs as part of the Development Agreement. The
Gateway Center off Monterey Avenue where Walmart is located, is the
largest center with the most frontage; it has two monument signs on
Monterey Avenue, one on 35th Avenue, one on Gateway Avenue, and one
on Dinah Shore Drive, and they all comply with the current Code. Staff also
looked at Bristol Farms Plaza De Monterey (one of the smaller centers),
which has three signs, one sign on Monterey Avenue, one on Country Club
Drive, and one at the corner; this project was granted one additional sign
with the development plan. At the University Village Center there are three
freestanding monument signs under the Code, one on Gerald Ford Drive,
one on Cook Street, and one at the corner that's attached to their two larger
buildings. He said Carl's Jr. was located on Gerald Ford Drive, but it's a
separate parcel as part of the Center. One of the differences is that within
the Center some have multi -tenant signs that have individual tenants on it.
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He said University Village went with a higher -end look and decided not to
include individual tenants on their freestanding monument at each driveway.
The corner monument indicates there is a Hilton, retail, and shops. The
Applicant is requesting a variance because it would be an additional sign
than what the Code allowed. Staff had originally stated they wouldn't be able
to make the findings, and in reviewing all the other centers, staff believed the
request was not consistent with the current Code. Staff presented the finding
to the Signage Subcommittee and recommended that the Sign Ordinance
remain the same to avoid clutter at the City's shopping centers. Staff then
moved forward with processing the variance request, and from what staff
found, University Village was consistent with other centers, except for the
fact that they didn't have multi -tenant signs. Based on findings, staff
recommended the Council uphold the Planning Commission's decision to
deny the variance. He said the request was denied by the Architectural
Review Commission and the Planning Commission.
Mayor Spiegel requested staff have the Circuit City sign removed at the
Desert Gateway Center because there wasn't one there. Mr. Bagato agreed.
Responding to question about Entrada del Paseo, Mr. Bagato said there was
a sign on each street and one on the corner for a total of three signs. He
said by a curb, a project could be granted three signs because the entry
drive was considered frontage.
Mayor Spiegel said if the developer of the Center wanted to take out the sign
that said University Village and insert another store name instead, it would
be appropriate. Mr. Bagato agreed.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request.
MR. STEVE ROSENBLUM, representing Applicant, National Sign &
Marketing, 1350 First Street, Chino, California, stated he represented CLK
Inc., who are the operators of the Carl's Jr. restaurants in the Coachella
Valley. He said at the last City Council meeting, Council directed staff to
re -write the Code allowing for more signage at the Center. Apparently staff
reviewed the Code and elected to have a different process on that. The staff
report clearly showed circumstances that had allowed additional signage in
the past, and the Applicant was looking for that specific allowance. Staff
mentioned Desert Gateway Center had a total of two monuments and two
name signs. He said University Village had the same situation, except it only
had two name signs and no monument sign, and they were simply seeking
one additional monument, which would conform to what staff had spelled
out. He said staff referred to the sign at the corner at University Village as
a monument sign; however, it was a building sign by definition. University
Village had two signs, which are monument in style, but they only identify
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the Center. He felt staff choose to refer to it as a name sign, and the
Applicants were looking for one new monument sign.
Mayor Spiegel asked if the Applicant had spoken to the developer about
taking the monument sign that identified University Village and incorporating
additional names of businesses in there.
MR. ROSENBLUM responded that he had, and it was something that was
not available to them. He noted Mr. Evans was present this evening.
MR. FRED EVANS, 36-891 Cook Street, Palm Desert, CA, in response to
comment about working with developer, he said the original design intent for
the Center was to not have individual name signs. The current signage in
its current condition and size was short and would not hold many tenant
signs. He said they would be willing to consider taking University Village
name off the blades and looking into designing a monument sign that would
fit multiple tenants. He said it hadn't been studied and he didn't know what
the cost would be, but they were willing to do it. He said they were in a
situation, just like everybody else, where they were doing everything possible
to help their tenants. He said they were willing to do it on their nickel and not
on the tenant or the City's nickel. Responding to question about how many
signs there were that indicated "Vacant Property" or "For Sale", he said there
were three.
Mayor Spiegel stated that in his opinion, he felt those signs were worse than
having a sign that said Carl's Jr.
MR. EVANS agreed. He said if they went ahead and made the change, one
of those signs would come down.
MR. CARL KARCHER, stated he was a resident and business operator in
Palm Desert and the Coachella Valley. He said adding a Carl's Jr. sign
would not create clutter, and taking out a temporary sign would enhance the
property; there were other areas in the City where it may be true as well. He
said the Center had two monument signs and one building sign, which
basically stated "University Village." He said the Carl's Jr. sign would be the
only one identifying a business, and he didn't think it would be a detraction
in any manner. He said it was mentioned earlier that either the Desert
Crossings or the Gateway Center had three or four different monument
signs, plus name signs on garden walls. He hoped the City Council would
approve this request, which he believed was a reasonable one. He offered
to answer questions.
With no further testimony offered, Mayor Spiegel declared the public hearing closed.
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FEBRUARY 12, 2009
Councilman Ferguson stated he liked Carl's Jr. and his children loved eating
there as well. However, the problem was that he didn't think the Applicant
met the legal definition of a variance. It seemed that the Center owner could
easily take out one of those University Village signs, because it didn't direct
anyone to Carl's Jr. He said if the City allowed a variance for Mr. Karcher,
than all the people on the other side of Cook Street and Gerald Ford Drive
would want one as well. In his opinion, he couldn't justify a separate sign
for one tenant. He believed it was the obligation of the Center owner to
make multi -tenant monument signs available in order to rent his spaces and
remove any unpleasant "For Lease" signs exposed along Cook Street. As
much as he would like to support the request, he couldn't justify it.
Mayor Pro Tem Finerty concurred. She said Mr. Karcher's best bet would be
to work with Mr. Evans on the sign, and it would solve everyone's problem.
She agreed the Applicant's request didn't meet the Variance. She said staff
did an excellent job by going out to the other centers to gather information
and enabling the Council to be fair to everyone.
Councilman Kelly recognized that many merchants were having special
problems, and in this case, University Village had a more difficult situation
because they were brand new. He said many stores and restaurants at that
Center were having a hard time generating traffic, and he would like to see
the City help generate traffic there. He suggested approving a temporary sign
for at least a year, to give Carl's Jr. a chance to grow their business. He said
a lot of people didn't drive on Gerald Ford Drive; most of the traffic was on
Cook Street. He agreed something should be done with the existing
monument sign in order to identify other businesses.
Mayor Spiegel noted Carl's Jr. was the only restaurant on Gerald Ford Drive.
The development included Red Firehouse, Mexican Restaurant, a Sushi
Restaurant, and they were all visible when driving down Cook Street. He
would like to have Carl's Jr. be identified, because it would attract more
traffic than the restaurants.
Councilman Kelly moved to, by Minute Motion, approve a temporary sign for Carl's
Jr. on Cook Street for one year, and in the meantime have the developer change the
existing University Village monument sign to include additional tenant signs. Motion was
seconded by Spiegel and received NO ACTION on a 2-2 vote, with Kelly and Spiegel
voting AYE, Ferguson and Finerty voting NO.
Mayor Pro Tem Finerty suggested continuing this matter to allow Mr. Evans
and Mr. Karcher time to work out a sign that could go where it now had the
University Village sign.
Councilman Ferguson noted that a 2-2 vote was considered NO ACTION, so
this item could be continued until Councilmember Benson was present.
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However, he believed the answer to this problem would be found with
Mr. Evans. He agreed with Councilman Kelly that the City didn't need to get
involved in telling developers how to market their Center. He believed the
developer had a great asset with Carl's Jr, and they should figure out how to
get people there without obtaining variances from City Codes that would start
a precedence for everyone else.
Mayor Spiegel re -opened the public hearing.
Mayor ProTem Finerty moved to, by Minute Motion, continue this item to the
meeting of February 26, 2009. Motion was seconded by Kelly and carried by a 4-0 vote.
B. RECONSIDERATION OF THE CERTIFICATION OF AN ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE SUBDIVISION OF 11.87 ACRES INTO
TWO HOME SITES WITH 9.09 ACRES OF DEDICATED OPEN SPACE
WEST OF INDIAN COVE, A PRIVATE STREET WITHIN THE "CANYONS
AT BIGHORN GOLF CLUB," AND SOUTH OF DEAD INDIAN CREEK, AND
APPROVAL OF A TENTATIVE TRACT MAP FOR THE PROJECT KNOWN
AS CORNISHE Case No. TT 31676 (Cornishe of Bighorn/Allen, Matkins,
Leck, Gamble & Mallory, LLP, Applicants).
Associate Transportation Planner Phil Joy stated this matter was continued
to allow staff to prepare a Resolution of Denial for the project. He said
during this time there was talk of a land swap, but no comparable property
was presented for a swap to occur. Staff wasn't planning on providing a
lengthy staff report at this time, but it still believed the project was the best
possible balance between something that would protect endangered species
and development rights of the private property owner. This would include
preserving or re -naturalizing 10.4 acres of a 11.88 acres site. He said
Condition of Approval of the Community Development Commission No. 9 of
the Resolution of Approval needed to be modified. It currently stated, "The
Applicant and its successors as assigned shall defend, indemnify, and hold
harmless the City of Palm Desert, including its agencies, officials, and
employees. Any action or proceedings against the City that act or seek to
set aside this approval." He said he needed to insert language in the
Resolution that would state, "...with Counsel chosen by the City, but at the
Applicant's expense, subject to Applicant's approval of Counsel and
expenses, which shall not be reasonably withheld." He noted the City's
consultant on the Environmental Impact Report (EIR) was present to answer
any questions.
Mr. Erwin noted Councilman Ferguson was not present at the November 20,
2008 meeting, but he listened to the audio tapes of that meeting.
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Councilman Ferguson stated that with regard to the Indemnification and Hold
Harmless clause, the City would be able to select an attorney of its choice,
and the monies paid in advance by way of deposit and without regard to
offsets, which would be subordinated back to the developer if the City wound
up in litigation. He said in no event should the City have out-of-pocket cost
in order to defend itself against any lawsuits arising from whatever happened
with this project this evening.
Mr. Erwin replied that the condition would be changed to make that reflection.
Councilman Ferguson stated he had listened to the tapes, read all the
documents, heard all the comments, and read all his phone messages and
letters relating to this public hearing item. He said he was up to speed and
would not need a lengthy presentation.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request.
MR. CHUCK NISBET, stated he was the President of the Coachella Valley
Hiking Club, which was founded in Palm Desert 15 years ago. He said it was
his pleasure to thank the City of Palm Desert for being the valley's leader in
creating new hiking trails and creating dog walking trails, signage and parking
at all trailheads. He said the rest of the neighboring cities had a lot to do to
catch up to what Palm Desert had accomplished in the past five years. He
said for the past ten years, local, state, and federal organizations had worked
extremely hard to support the recovery of Bighorn Sheep in our valley. He
said Bighorn Sheep was the valley's symbol of the natural beauty that
surrounded the Coachella Valley. He said Palm Desert was the home of the
only organization augmenting wild population of Bighorn Sheep with its
captive breeding program at the Bighorn Institute. The success of this
captive breeding program was due to the relative isolation of lambs that are
reared. The 400-yard buffer zone had proven to be essential to the success
of this program. The augmented herd found today in the northern Santa
Rosa Mountains and in the San Jacinto Mountains were the result, in large
part, to the Captive Breeding Program (CBP) at the Bighorn Institute. The
City of Palm Desert should continue its support of the CBP by maintaining
the 400-yard buffer that was established since 1984 or earlier. He said Palm
Desert wouldn't want the reputation of allowing a tiny subdivision to be built
that proved to be harmful to the Bighorn Sheep, because the buffer zone
was compromised. He urged the Council to do the right thing and not allow
the subdivision to go forward. He said the private sector community was
supporting the Captive Breeding Program with their private money. In these
difficult times, they were not asking the City to help support the program,
because he as a private citizen and others would continue to support it with
their own funds. He asked the Council to not jeopardize the program by
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changing course on the 400-yard buffer that had been set in concrete for a
long time.
MR. KEN MELKUS stated he was a resident at Bighorn on Canyon Drive,
which was one of the thoroughbred roads needed to access the subject
property. He wasn't concerned that the street would be accessed for the two
residences; his biggest concern was the elevation changes and the work
required to accomplish those modifications on the property. He said a great
deal of bulk would be transported, and that type of traveling would not only
be a nuisance but also a health hazard. He said changing the elevation
would be problematic to the residents in that area. If Council chose to
approve this request, he would like a condition be placed to prohibit any
elevation changes, which would require additional fill and destroy the beauty
that exists.
MR. RICHARD JOHNSON, 625 Indian Cove, Palm Desert, CA, stated the
developer proposed transporting 64 truckloads a day for a period of three
months, which would equate to 130 trucks a day with round trips. He didn't
believe that amount of fill would be required because the present grade of
that property was approximately 25 feet higher than the nearest lot at
Bighorn. He said the Applicant was trying to build a mountain where the
property laid and he objected to it.
MR. JACK HIGGINS, 611 Indian Cove at Bighorn, stated the Council
requested a petition of denial of this project, and it wasn't clear what basis
was made for reconsideration. He said he would appreciate an explanation
as to why it happened.
Mr. Erwin stated that after consideration of this matter, as noted in the staff
report, there were a number of meetings that occurred with other agencies
because of some exposure to the City, which the City was trying to avoid.
The Council was asked to reconsider the matter based on those meetings,
which proved unsuccessful.
Mayor Spiegel stated one of the things suggested was that the Bureau of
Land Management (BLM) come forward and offer some land that could be
negotiated. The response was that it was impossible so the City didn't have
a partner.
MR. HIGGINS stated he understood there was a significant and viable
impact concern with all the fill that would be brought in. He said it would
impact the sheep, residents, the topography and beauty of the site itself. He
said if the Council was considering approval of this project, that it be
approved contingent upon the developer finding an imaginative way to limit
the amount of dirt that would be required to build on this property. He
suggested the developer build a bridge, because he understood there was
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a ravine there and the dirt would be used to make a road; he said a bridge
would be sufficient to get access to the property. He also requested the
property not be elevated. He knew there was a lot of money invested in this
property, and the developer expected to make money that perhaps the
developer was hoping to have a down -valley view. He reminded Council that
there were a number of wealthy and high-priced homes in Bighorn that do
not have down -valley views. He didn't think it was necessary for the
developer to gain money back from this particular project. He said the
Council would most likely deny the project.
MS. RUTH TARAN stated she was present on November 20, 2008, and
again this evening on behalf of the Bighorn Sheep and concerned citizens.
They wanted to know why the Cornish at Bighorn was placed on the Agenda,
because the City Council voted against this project at the November 20
meeting. She read from the November 20, 2008 meeting minutes, and
quoted statements made by then Councilmember Finerty, Councilman Kelly,
Mayor Pro Tem Spiegel, and Mayor Benson about their support for the
Bighorn Sheep and the 400-yard buffer, which resulted in the denial of the
project. She suggested that the Cornish project be build outside the
400-yard buffer with only one home on the property, do a land transfer with
the City or other group, or transfer developmental rights. She said the
important issue was the sheep and their survival, because they couldn't
defend themselves. She questioned why intelligent citizens couldn't secure
the sheep's future, so that future generations can live in a balanced and
healthy environment without destroying plant, animal, and human life. She
thanked the Council for their continued support for the Bighorn Sheep.
MS. CORDELIA FERGUSON, stated she was a resident of Palm Desert and
was speaking for Joan Taylor on behalf of the Sierra Club. She noted a
letter was sent to the Council. She agreed the Bighorn Sheep needed to be
supported, and there were many reasons to do so. She said bringing in all
the fill for the project would impact many other environmental issues. She
said that on behalf of herself, friends, and neighbors, they asked that the
Council uphold their previous decision to deny the project.
MR. JIM DEFORGE stated he's been before the Council on this issue a
number of times for the past few decades. He said a 400-yard buffer was
set by 29 experts that the City and others brought together; the buffer had
proven to be extremely successful. He said the Institute was nothing more
than the caretaker because the sheep were everyone's responsibility. The
sheep are the property of the people of the United States, and it was the
largest land mammal endangered in the southwest desert. He said the
Institute was unique because it was a private recovery facility. He said the
Institute was established with the help of President Gerald Ford in
purchasing the land from the Federal Government and supported by private
dollars. He said the Institute had land battles in the past over the buffer, and
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he had hoped that it was finally settled and wished the developer had
considered talking to him and others prior to reaching this point. He said
since the last City Council meeting, the Federal Government did support and
indicate they would have monies to confer purchases over time. He said if
this project was approved, the potential of destroying a recovery center for
endangered species in this valley went against the Multi -species Habitat
Conservation Plan (MSHCP). As a result of the MSHCP, the Council and
others have shown there were ways of this being an intercity concern and not
just limited to the Institute, the City, or the citizens of Palm Desert. He said
there were two sub -populations and nine sub -groups that have been kept
alive by the recovery efforts of the Institute. To date there were 93%
females, and the ones in Palm Springs were directly related from the
releases of the Institute. In 2002 Palm Springs only had four females, and
that number went up to fourteen because of the successful sheep release.
He said there was no doubt the buffer would be violated, including homes
with inactivity where the animals breed properly in the wild. It is their concern
that they keep a strong conservation effort and hoped to partner with other
cities or organizations such as the Federal Government to try to stop this
development. He said the Institute's mission was to do what it could to
conserve and bring the sheep back, and the breeding effort was a great part
of the success. When faced with a decision such as this one, it required
everyone's involvement to make it work, although it may not happen as fast
as everyone would like. He suggested maybe putting the parcel back into
the Multi -Species Habitat Conservation Program (MSHCP), because part of
the conservation plan was to have funds to protect endangered species. He
urged the Council to deny the project and look for alternatives in getting this
matter resolved.
MR. PATRICK PERRY, Cornish at Bighorn, Applicant. He said he would not
repeat what he had already said in the past, but he would reiterate one or
two points to address comments made earlier this evening. He said the
Cornish at Bighorn had done everything that it was asked to do in order to
accommodate the concerns of the City surrounding homeowners, state and
federal agencies. He said the property was zoned for development of 57
residential units. The first proposal was for 38 units, subsequently reduced
to 8 single-family units, to four single-family units, and now it was down to
two units, which was the proposal before the Council this evening. He said
concessions and accommodations were made with respect to orienting all
activities to the north side to avoid visibility to the lambing pen on the Bighorn
Institute property, and they have reduced the size of the pads from the
original proposal to reduce the amount of grading and to comply with the
provisions of the Hillside Ordinance. He said there were more restrictions
placed on this particular piece of property than any other property in the City
of Palm Desert. He said the Applicant met all the restrictions because they
understood the concerns of the various stakeholders. However, they have
not been able to satisfy the concerns of the Bighorn Institute. He said the
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Institute made it abundantly clear that it would not be satisfied with any
development whatsoever on property located within the 400-yard buffer that
was established for a different project. The City executed a settlement
agreement, which was included in the staff report packet, stating that the
presence of the property within the 400-yard buffer would not be used to
preclude the ability of the owners to develop the subject property. There is
a portion outside the buffer, which was about 10,000 square feet and entirely
within the development plan of entry, which cannot be feasibly developed.
He said all the information with respect to that issue had been provided to
the City. The proposed project represented the minimal amount of
development that would allow the developer to achieve an economical viable
use on the property. He said they took measures to reduce the amount of
fill required by reducing the size from 36,000 cubic yards to 28,000 cubic
yard. He said before the Council was a sub -division map that would required
grading plan approval, but before that could happen, there would need to be
an analysis for compliance with the mitigation measure, which could reduce
the import fill further. He said they were sensitive to the concerns of the
neighbors and would continue to try to accommodate to the extent that they
could. With respect to changes in elevation, the lower lot would require a
significant amount of fill in order to raise it to the proposed elevation. He
said the elevation averaged around 801 feet above sea level, and the
Applicant proposed to raise the pad to 810 feet to achieve views; the idea
was to balance the value that was being lost through the various concessions
made by achieving a higher elevation, which would result in a temporary
construction traffic impact. He knew it would be a temporary inconvenience
to the people who already lived there, but they will seek to avoid to the extent
possible. He said there's been talk about alternatives like swapping land or
having another agency purchase the property, but no offers had been made
nor any such conversations took place. He was approached at one point by
the Fish and Wildlife Service last summer, and he agreed to discuss options,
but he never head back from them again. He said there was a proposal at
the Planning Commission that the BLM was willing to swap a property, to
which he agreed to discuss with them, however, they never followed -up with
anything. He said the City had a number of conversations with various
agencies, but he wasn't part of those conversations. He said they were
prepared to move forward and were not prepared to delay or engage in any
further discussions. He urged the Council to follow the recommendation of
staff and the Planning Commission, and approve the project as proposed.
With no further testimony offered, Mayor Spiegel closed the public hearing.
Councilman Ferguson stated there was concern biologically about the
significance of this land, in that there was money available, that people would
be eager to buy, preserve, conserve, or swap this property. However, the
Mayor contacted BLM and they said they had no interest; the Fish and Wild
Life and Fish and Game agencies had no interest; he checked with
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Mountains Conservancy, and they didn't have an interest because it wasn't
in the mountains; and The Friends of the Desert Mountains, which was the
money adjunct to that organization, had no interest in the property. It
seemed no one was willing to pony up any money for the "save the sheep"
campaign, which placed the City of Palm Desert in an awkward position.
The City Council was briefed in closed session by legal counsel as to the
adequacy of the EIR, its defensibility, the project at hand, or turn down the
project and expose the City to a takings claim by the property owner. He
said the City would then have to pay attorney's fees and protract litigation,
and Bighorn Institute would probably be brought in on the lawsuit, or the City
could approve the project because it didn't have a good rationale for denying
it. He said the agencies that were not willing to buy the land could step up
and sue, including the Sierra Club, in which case, the City was indemnified
and held harmless by the developer. He was mindful that Council was
considering a tentative map and no grading plans were being approved,
which would buy more time to find the Section 6 monies that were talked
about. He couldn't find a legitimate/legal basis for denying this project
without exposing the City to significant litigation exposure, and he didn't think
the City should carry the legal freight of defending the sheep. If the project
was approved this evening, maybe it would galvanize everyone who was
interested in saving the lambing pens to buy the property or do something
about finding money to help it along because it would take more than just the
City of Palm Desert. He had no interest on behalf of the tax payers of Palm
Desert in funding single handedly the preservation of the lambing pens,
particularly given the settlement agreement that was just referenced.
Councilman Kelly concurred. He said the Council was briefed by legal
counsel and the possibility of exposure to the City. He said if the Council
had no findings or cause to deny this project, and the project was approved,
it didn't mean the Council would go away. He said the Council was still
willing to coordinate with other agencies to try to make a land swap or
purchase the property. He agreed with Councilman Ferguson in that the
Council represented the tax payer, and the City's exposure in this matter
could be quite large.
Mayor Pro Tem Finerty stated she stood by her comments of November 20.
Mayor Spiegel said he reached out to various organizations verbally and in
writing and was disappointed that everyone took a step back, leaving the City
alone with the major financial responsibility. He understood why the people
at Bighorn were unhappy with this project moving forward; however, the
Bighorn development didn't come to the City to say they didn't want that dirt
going through there, which may be the place to start.
Councilman Ferguson moved to: 1) By Minute Motion, adopt the findings of
approval; 2) By Minute Motion, adopt the Statement of Overriding Considerations for the
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subject project; 3) Waive further reading and adopt Resolution No. 09-13, approving TT
31676 and certifying the EIR, subject to the mitigation measures attached as Exhibit "A,"
in addition, include additional language regarding indemnification of the City, and with the
understanding that the City will continue to work with other agencies in this process to
resolve any remaining issues. Motion was seconded by Kelly and carried by a 3-1 vote,
with Finerty voting NO and Benson ABSENT.
With City Council concurrence, Mayor Spiegel recessed the City Council
Meeting at 6:35 p.m. for a dinner break. He reconvened the meeting at
7:09 p.m.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Request for Appointment of a City of Palm Desert Representative to
the Coachella Valley Association of Governments (CVAG) Workforce
Housing Blue Ribbon Committee.
Mayor Pro Tem Finerty suggested Councilman Kelly because he was
involved with the housing issues.
Responding to question, Mr. McCarthy said the representative could
be a Councilmember or staff. He said Housing Director Janet Moore
who served on the advisory committee to that particular organization
could continue to attend by moving over to serve under that role in
that committee.
Councilman Kelly moved to, by Minute Motion, appoint Director of Housing Janet
Moore as the City of Palm Desert's representative to the CVAG Workforce Housing Blue
Ribbon Committee. Motion was seconded by Finerty and carried by a 4-0 vote, with
Benson ABSENT.
B. CITY ATTORNEY
Mr. Erwin asked for the City Council's reconsideration of Item C from
Section XIV - New Business, of this agenda, having to do with Award of
Contract to Kimley-Horn and Associates, Inc., for North Sphere Drainage.
He asked the City Council to move to reconsider the item and continue it to
a future date when it would be presented again.
In answer to question, Mr. McCarthy responded that staff had brought to his
attention that there may have been some mis-communication of facts.
Therefore, staff was asking for the reconsideration and continuance so that
it could correct any errors and bring the item back.
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FEBRUARY 12, 2009
Please refer to Section XIV - New Business Item C for subsequent action on
this matter.
C. CITY CLERK
Ms. Klassen reminded City Councilmembers about tomorrow morning's
Study Session at 8:30 a.m. for interviewing City Committee and Commission
applicants.
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
Lt. Shouse noted that invitations had been provided to City
Councilmembers for the "Every 15 Minutes" Program coming up at
Palm Desert High School on Tuesday, February 24, and Wednesday,
February 25, and hoped that all would be able to participate.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
1. Housina Element UDdate — Mayor Pro Tem Finerty stated that
in a meeting regarding the City's Housing Element Update, it
was suggested that perhaps State Senator Benoit and
Assemblyman Nestande or their staff members could be
brought in to assist the City with the questions that have been
raised and finalization of an ultimate recommendation. She
was hopeful that staff would be able to arrange such a
meeting.
2. Mav 28. 2009. Regular City Council Meeting —
Councilman Kelly noted that if any of his colleagues planned
to participate in the League of California Cities' Mayors and
Councilmembers Conference in San Diego, it would be a
conflict for the second regular meeting in May. He asked his
colleagues to approve an adjustment to the May schedule for
this purpose.
Mayor Spiegel responded that he would work with the City
Clerk and provide information at the next City Council Meeting.
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o City Council Committee Reports:
None
o City Council Comments:
1. From the Project Status Reports Study Session on Tuesday
through today's meeting, Councilman Ferguson thanked staff
for all of its hard work in generating thoughtful and strategic
cuts from the budget, allowing City Council to truly come up
with a bona fide deficit gap -filler to get the City through to
June 30. He acknowledged that the next major task would be
to go through the FY 2009-2010 budget but pointed out that
the reductions for next year would be spread over a 12-month
period instead of four, and he hoped the process would go as
smoothly as this one had. He hoped all had heard what the
City Council's priorities were: 1) Employees; 2) Public Safety;
3) Core Services; and he believed the cuts were reflective of
that philosophy.
XIX. ADJOURNMENT
Upon a motion by Finerty, second by Spiegel, and 4-0 vote of the City Council, with
Benson ABSENT, Mayor Spiegel adjourned the meeting at 8:12 p.m.
ATTEST:
&?,,,,goe,
ROBERT A. SI5IEaEL,PAYOR
RACHELLE D. KLASSCITY CLERK -.
CITY OF PALM DESERT, CALIFORNIA
57