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HomeMy WebLinkAbout2009-06-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 11, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Jim Ferguson Mayor Pro Tem Cindy Finerty Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk 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 J. Luis Espinoza, Acting Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Ignacio Otero, Deputy Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire Dorian J. Cooley, Division Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire Steve Brooker, Fire Marshal, Palm Desert Fire/ Riverside Co. Fire/Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk I11. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 217, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Joe B. McMillin Under Negotiation: x Price x Terms of Payment 2) Property: APN 637-180-026 (77930 Delaware Place) Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: James Olen Bullard Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Conference with Legal Counsel pursuant to Government Code Section 54957 regarding Employee Discipline/Dismissal/Release Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: John M. Wohlmuth/City of Palm Desert Upon a motion by Finerty, second by Ferguson, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jean M. Benson VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF $850,000 CHECK FROM CITY OF PALM DESERT TO FOOD IN NEED OF DISTRIBUTION, INC., (FIND) FOR ITS ACQUISITION OF A WAREHOUSE FACILITY. Mayor Spiegel explained that two or three years ago former City Manager Carlos Ortega, in agreement with the County, sold a piece of property (adjacent to the Costco store) that was jointly owned by the City and County and received $850,000. The money was not intended to add to the City's coffers, but to help Food In Need of Distribution (FIND), an organization near and dear to the Coachella Valley. He added the current warehouse for FIND was located in Cathedral City and was too small to store all the supplies needed. He said a recent article in The Desert Sun showed how many people in the Valley did go hungry, specifically children. The Mayor and Councilmembers presented the check to Mr. Sam Hook, President of FIND. B. INTRODUCTION OF THE PALM DESERT FIRE DEPARTMENT'S NEW DIVISION CHIEF, DORIAN J. COOLEY. Deputy Chief Otero introduced Division Fire Chief Dorian J. Cooley who replaced former Chief Dennis Dawson. He said Chief Cooley was a 29-year veteran with fire services and had lived in the Coachella Valley for 25 years. He said Chief Cooley will serve from La Quinta to Desert Hot Springs, including the City of Palm Desert. Mayor Spiegel welcomed Chief Cooley to the City of Palm Desert. Chief Cooley stated he looked forward to working with the wonderful City of Palm Desert, and it was his pleasure to work with this Council and staff. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXEMPLARY SERVICE - MAY 2009. Mayor Spiegel recognized Missy Grisa for her service above and beyond the call of duty, specifically for her expertise as a LEED (Leadership in Energy and Environmental Design) accredited individual and for using this credential to the betterment of development in Palm Desert. D. PRESENTATION OF THE GOVERNMENT FINANCE OFFICERS ASSOCIATION'S "CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING" TO THE CITY OF PALM DESERT AND ITS FINANCE DEPARTMENT. Mr. Espinoza stated the "Certificate of Achievement of Excellence in Financial Reporting" were given to cities that complied with the Government Finance Officers Association of the United States and Canada (GFOA) requirements and financial reporting. The cities that received this award went above and beyond the requirements and amendments to the audit, and Palm Desert was one among the few that did. X. CONSENT CALENDAR A. MINUTES of the Adjourned Regular City Council Meeting of May 21, 2009, and the Regular City Council Meeting of May 28, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 257, 258, 262, 263, 265, 269, and 270. Rec: Approve as presented. C. CLAIMS AGAINST THE CITY (#s643A-B) by James Bourbon and Misty Martinez in an Unspecified Amount. Rec: By Minute Motion, reject the Claims and direct the City Clerk to so notify the Claimants. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by El Ranchito Taco Shop, 34-580 Monterey Avenue, Suite 103, Palm Desert. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 E. CITY COMMITTEE AND COMMISSION MEETING MINUTES.. 1. Art In Public Places Commission Meeting of April 15, 2009. 2. Cultural Resources Preservation Committee Meeting of April 28, 2009. 3. Landscape Beautification Committee Meeting of March 18, 2009. 4. Marketing Committee Meeting of March 17, 2009. 5. Parks & Recreation Commission Meeting of May 5, 2009. 6. Public Safety Commission Meetings of March 11 and April 8, 2009. 7. Youth Committee Meeting of May 4, 2009. Rec: Receive and file. F. LETTER OF RESIGNATION, from Katie Pawelczyk — Youth Committee. Rec: Receive with very sincere regret. G. LETTER OF RESIGNATION from Ryan Sheehy — Youth Committee. Rec: Receive with very sincere regret. H. REQUEST FOR RESCISSION. of the Declaration of Surplus Property, Restoring Vehicle Number 221 (Shuttle Van) to the City Fleet Inventory. Rec: By Minute Motion, rescind that portion of a Declaration of Surplus Property involving Vehicle No. 221 (Shuttle Van), and restore it to the City's Vehicle Fleet Inventory. I. REQUEST FOR AUTHORIZATION, for the Chairman to Execute a Quitclaim Deed Conveying 1.88 Acres of Property from the Redevelopment Agency to the City of Palm Desert and an Assignment and Assumption Agreement for Same (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, authorize: 1) Chairman to execute a Quitclaim Deed conveying 1.88 acres of property from the Redevelopment Agency to the City of Palm Desert and the Mayor to accept same on behalf of the City; 2) Chairman to execute an Assignment and Assumption Agreement between the Redevelopment Agency and the City of Palm Desert for the property (Contract No. R26060A). 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 J. REQUEST FOR APPROVAL of the Use of Genuine Parts Company (NAPA) to Supply Aftermarket Automotive Parts, Tools, Equipment, and Services As Needed for Fleet Maintenance - Fiscal Year 2009-2010. Rec: By Minute Motion, approve the use of Genuine Parts Company (NAPA) to supply general aftermarket automotive parts, tools, equipment, and services, as needed, for FY 2009-2010 fleet maintenance — funds are budgeted in General Fund Account No. 110-4331-413-3340. K. REQUEST FOR APPROVAL of Vendors for Equipment Rental Services for Fiscal Year 2009-2010. Rec: By Minute Motion, approve the use of Elms Equipment Rental, Inc., Clairemont Equipment, United Rentals, and Johnson Rental Services to provide equipment rental services to the City for FY 2009-2010 — funds are budgeted in General Fund Account No. 110-4310-433-3430. L. REQUEST FOR AUTHORIZATION to Proceed with the Bidding Process for Purchase of Irrigation Equipment to Convert Solar and Standard Controllers to "Smart" Capability. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. M. REQUEST FOR AWARD OF CONTRACT for City Parking Lot Sweeping Services for Fiscal Year 2009-2010 (Contract No. C28840). Rec: By Minute Motion: 1) Award the subject contract for sweeping of City - owned parking lots to CleanStreet, Gardena, California, in the amount of $20,280 for FY 2009-2010; 2) authorize the Mayor to execute same — funds are available in the General Fund Street Repair and Maintenance Account, No. 110-4310-433-3320. N. REQUEST FOR APPROVAL of Palm Desert ATHENA Scholarship Award Agreement Between the City of Palm Desert and California State University, San Bernardino (Contract No. C24304). Rec: By Minute Motion: 1) Approve the subject agreement between the City of Palm Desert and California State University, San Bernardino, to establish the 2009 Palm Desert ATHENA Award Scholarship Fund; 2) authorize the City Manager to sign said agreement on behalf of the City. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 O. REQUEST FOR APPROVAL of Amendment No. 3 to the AB2766 Memorandum of Understanding (MOU) Between Coachella Valley Association of Governments (CVAG) and Member Jurisdictions for the Purposes of Regional PM10 Air Quality Programs and Other Related Services (Contract No. C22643). Rec: By Minute Motion: 1) Approve Amendment No. 3 to the subject MOU between CVAG and MemberJurisdictions for the purposes of regional PM10 Air Quality Programs and other related Air Quality Services; 2) authorize the City Manager to execute Amendment No. 3 to the MOU. P. REQUEST FOR AUTHORIZATION to Release Improvement Security for Pointe Monterey II (Precise Plan No. 06-02) and Accept a One-year Maintenance Bond (Pacific Pointe Partners, Inc., Applicant). Rec: By Minute Motion, release the improvement security for Pointe Monterey II (PP 06-02) and accept a one-year Maintenance Bond in its place. Q. REQUEST FOR EXTENSION of Maintenance Contract with Southwest Aquatics, Inc., for Civic Center Park Lagoon and Entrada del Paseo Water Feature (Contract No. C27821). Rec: By Minute Motion, extend the subject Maintenance Contract for Civic Center Park Lagoon and Entrada del Paseo Water Feature in the amount of $19,140 with Southwest Aquatics, Inc., Palm Desert, California, and authorize the Mayor to execute same — funds are available in General Fund Account Nos. 110-4610-453-3320 and 110-4614-453-3370. Mayor Pro Tem Finerty requested Item L be removed for separate action under Section XI, Consent Items Held Over. Upon a motion by Ferguson, second by Finerty, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 Xl. CONSENT ITEMS HELD OVER L. REQUEST FOR AUTHORIZATION to Proceed with the Bidding Process for Purchase of Irrigation Equipment to Convert Solar and Standard Controllers to "Smart" Capability. Mayor Pro Tem Finerty stated she was happy the City was moving forward with the "Smart" capability for City irrigation controllers; however, it was brought to her attention the City had an opportunity to participate in a Smart Router Meter Program, which would be energy saving because the pumping charges would be Tess, and a second bonus would be water conservation. She was told this program would be a partnership with Coachella Valley Water District (CVWD) and $20,000 would be budgeted in the same General Fund account number. She would like to add $20,000 to the recommendation to include all of the Smart capability. Mayor Pro Tem Finerty moved to, by Minute Motion, authorize staff to proceed with the bidding process for purchase of irrigation equipment that will convert solar and standard irrigation controllers to "Smart" capability, in an amount of $54,000, and $20,000 for the purchase of additional equipment as part of the Smart Router Meter Program for a total amount not to exceed $74,000 — funds are available in General Fund Account No. 110-4614-453-3915, Special Programs -Water Conservation, and Capital Reserve Fund Account No. 400-4645-433-4001. Motion was seconded by Ferguson and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 09-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA. Councilman Ferguson moved to waive further reading and adopt Resolution No. 09-36. Motion was seconded by Finerty and carried by a 5-0 vote. Mayor Spiegel stated the State was attempting to take money from cities throughout California in a time when all cities were having problems. He said it was tough times, but it was not money the State should have. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 B. RESOLUTION NO. 09-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING LEGISLATIVE EFFORTS BY THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) TO OVERTURN THE STATE SUPERIOR COURT RULING RELATIVE TO ISSUANCE OF AIR QUALITY PERMITS. Councilman Ferguson moved to waive further reading and adopt Resolution No. 09-37. Motion was seconded by Finerty and carried by a 5-0 vote. C. RESOLUTION NO. 09-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2009-2010. Councilman Kelly moved to waive further reading and adopt Resolution No. 09-38. Motion was seconded by Finerty and carried by a 5-0 vote. D. RESOLUTION NO. 09-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF A SPECIAL TAX FOR THE CITY OF PALM DESERT FIRE TAX PURSUANT TO CITY ORDINANCE NO. 223, FISCAL YEAR 2009-2010. Mayor Pro Tem Finerty moved to waive further reading and adopt Resolution No. 09-39. Motion was seconded by Kelly. Mayor Spiegel stated he knew the City would receive additional fire support with the approval of this special tax, but he felt it was the wrong time to raise taxes on people even if the amount was minimal. Councilman Ferguson agreed with Mayor Spiegel's comment, stating this issue came before the Cove Community Services Commission in 2001, and when the City originally adopted the Fire Tax, the range was between $48 and $60; the City adopted the minimum, which was $48. The City was now asking for an increase of $12/year, $1/month for $150,000 compared to the City's fire expenditures, which was in the millions. He didn't want to go down as one who raised taxes, even if it was just $1.00. Councilman Kelly stated he had in his possession a copy of the Ordinance that was passed in the 1970's. It was a popular measure that was passed by 68%, and at that time, the City had problems covering fire services with no paramedics. He said this measure was on the ballot to provide paramedic services, and the City was now adding a new unit. He said neighboring cities had long ago raised their fire tax to the maximum, which was $60. When he thought about the service that paramedics had given to 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 the City of Palm Desert over the years since the measure was passed, and the fact that the City didn't have the problems it had today because it held off in increasing its fire tax. He said the citizens voted for a maximum tax of $60 in the beginning, and he believed this was the appropriate time to increase the fire tax because the City was facing a reduction of sales tax and hotel tax and believed the increase should help solve some of the City's budget problems. Mayor Pro Tem Finerty stated the City was in need of a new paramedic unit because of the extensive growth; the City's population when the fire tax was first adopted was 11,800 and it was now more than 50,000. She went on to say approval of the increase did not require a vote of the people because at that time, the cost could have been anywhere between $48 and $60. She said the cost to take someone to the hospital in an ambulance was about $600. A paramedic unit to render service in Tess than five minutes across the entire City and only pay $1.00 per household was the reason she was in favor of the increase. Councilmember Benson stated that over the years this issue had come up, and the Council had agreed it wouldn't increase the fire tax until it was needed. She believed this was that time after holding steady for more than 30 years, and no one would object if they knew the value of paramedic services. Monthly City reports showed more than 1,000 trips from Palm Desert to Eisenhower, which was phenomenal. Councilman Ferguson stated it was odd for the City to enter its fiscal year with a budget deficit, because since it was incorporated, it always had a surplus. The Council had to come up with a list of priorities on how it would meet its projected deficit and also protect public services that were absolutely sacrosanct, like police, fire, and ambulance services. The City found that it wouldn't fire any employees, which it didn't do, but it did establish a hiring freeze; the Council wished to keep its core personnel to continue to provide good service. The Council decided not to use its huge reserve because it wouldn't be prudent fiscal management. However, asking residents to pay more fire tax when the City had more than a $60 million reserve, even though it was only $1.00/month, was ridiculous. Mayor Spiegel called for the vote, and the motion carried by a 3-2 vote, with Ferguson and Spiegel voting NO. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 NOTE: Councilman Kelly stated that since the Council was on the subject of public safety, he proposed an item be placed on the agenda for discussion about the public safety budget before the next City Council meeting, so that all Councilmembers understood exactly what transpired at the Public Safety Committee meeting. Councilman Ferguson asked if other questions relating to the budget can be asked, because he believed the Council had been expecting another budget meeting. Councilman Kelly was in agreement that other budget related questions could be asked and suggested having a meeting the following Thursday. Mr. Erwin suggested adjourning this meeting and posting the agenda. Councilman Kelly stated it was important that it be a regular City Council meeting where decisions can be made. Councilman Kelly moved to, by Minute Motion, agree to adjourn this meeting to Thursday, June 18, 2009, at 4:00 p.m., to discuss the Public Safety budget and any other budget related issues. Motion was seconded by Ferguson and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1185 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 8.21 TO THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, REGARDING MAINTENANCE OF ABANDONED PROPERTIES. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1185. Motion was seconded by Finerty and carried by a 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF FUNDS FOR ANNUAL COMPUTER MAINTENANCE BY SUNGARD PUBLIC SECTOR IN THE AMOUNT OF $64,146.82. Mayor Pro Tem Finerty moved to, by Minute Motion, approve payment of an invoice to Sungard Public Sector in the amount of $64,146.82 for annual computer software maintenance — funds are available in Account No. 110-4190-415-3360. Motion was seconded by Ferguson. Mayor Spiegel asked if the City went out to bid for this item. Mr. Espinoza explained this item covered the maintenance for the accounting software, which included Building & Safety and Public Works. Further responding, he said the City will continue with Sungard until it decided to go with another software company. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE USE OF SPECIFIC AUTOMOTIVE FACILITIES FOR SUPPLEMENTAL GENERAL FLEET REPAIRS IN AN AMOUNT NOT TO EXCEED $75,000 FOR FISCAL YEAR 2009-2010. Councilmember Benson moved to, by Minute Motion, approve the use of Hovley Automotive, Palm Desert, California, as the primary source for those General Fleet Repair Services that cannot be accomplished by the City's Mechanic, and Ozzie's Automotive, Palm Desert, California, as an alternative source in an amount not to exceed $75,000 for FY 2009-2010 — funds budgeted in General Fund Account No. 110-4331-413-3340. Motion was seconded by Ferguson and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF THE PURCHASE OF GAS AND DIESEL FUEL FROM SPECIFIC VENDORS IN AN AMOUNT NOT TO EXCEED $125,000 FOR FISCAL YEAR 2009-2010. Councilman Kelly moved to, by Minute Motion, approve the purchase of gas and diesel fuel from The SoCo Group, Inc., Carlsbad, California, and Lee Escher Oil Co., Inc., Coachella, California, for FY 2009-2010 in an amount not to exceed $125,000 — funds are budgeted in General Fund Account No. 110-4331-413-2170. Motion was seconded by Finerty and carried by a 5-0 vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 D. REQUEST FOR AWARD OF CONTRACT FOR COMMERCIAL AND RESIDENTIAL STREET SWEEPING SERVICE FOR FISCAL YEAR 2009-2010 (CONTRACT NO. C28820). Councilmember Benson moved to, by Minute Motion: 1) Award the subject contract to CleanStreet, Gardena, California, in the amount of $28.45/curb mile (approx. $175,013/year) to provide sweeping services for City -owned residential and commercial streets for FY 2009-2010; 2) authorize the Mayor to execute the contract — funds are available in the Street Repair and Maintenance Account, No. 110-4310-433-3320. Motion was seconded by Finerty and carried by a 5-0 vote. E. REQUEST FOR APPROVAL. OF CONTRACTS FOR BUILDING PLAN REVIEW AND INSPECTION SERVICES FOR FISCAL YEAR 2009-2010. Councilmember Benson moved to, by Minute Motion, award the subject Plan Review/Inspection Services contracts for FY 2009-2010 (July 1, 2009 - June 30, 2010) and authorize the Mayor to execute each, not exceeding a total of $60,000 to: 1) Scott Fazekas & Associates, Irvine, California (Contract No. C29040A); 2) Interwest Consulting Group, Long Beach, California (Contract No. C29040B); 3) Willdan Engineering, Anaheim, California (Contract No. C29040C) — funds are budgeted in General Fund Account No. 110-4420-422-3010. Motion was seconded by Ferguson. Responding to question, Mr. Grance said the current contracts were in place to supplement staff's ability to provide service in Plan Review and Inspection Services with complex projects. The City normally renewed the contracts, but they were due to expire. Staff conducted a Request For Proposal process and selected three vendors. Further responding, he said staff was using the services on a very limited basis. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. F. REQUEST FOR AWARD OF CONTRACT TO CONTRERAS CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE PORTOLA AVENUE SIDEWALK EXTENSION, MAGNESIA FALLS DRIVE TO WHITEWATER RIVER BRIDGE (CONTRACT NO. C29020, PROJECT NO. 657-08). Councilmember Benson moved to, by Minute Motion: 1) Award the subject contract to Contreras Construction Company, Indio, California, in the amount of $196,928 for Construction of the Portola Avenue Sidewalk Extension, Magnesia Falls Drive to Whitewater River Bridge; 2) approve a 10% contingency for the project in the amount of $19,693; 3) authorize the Mayor to execute the subject agreement — Capital Project Reserve Funds are available in Portola Avenue at Whitewater Bridge Account, No. 400-4359-433-4001. Motion was seconded by Kelly and carried by a 5-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 G. REQUEST FOR AWARD OF CONTRACT. TO REFURBISH TENANT IMPROVEMENTS AT THE PARKVIEW PROFESSIONAL OFFICE COMPLEX, 73-710 FRED WARING DRIVE, SUITE NO. 102, IN THE AMOUNT OF $61,476 (CONTRACT NO. C29050). Councilman Ferguson moved to, by Minute Motion, award the bid and approve the subject contract with Woodburn Construction, Arcadia, California, in the amount of $61,476 to refurbish the tenant improvements at Suite No. 102 of the Parkview Office Complex — funds are available in Account No. 510-4195-495-3370. Motion was seconded by Benson and carried by a 5-0 vote. H. REQUEST FOR AUTHORIZATION, TO SUBMIT APPLICATION FOR FEDERAL RECOVERY ACT - ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS (EECBG). Senior Management Analyst Ryan Stendell requested to add an additional project to the Application. The cost is $8,000 to install a new photovoltaic system on top of three courtesy carts on El Paseo. He said it was a new product that will do several things; extend the life of the carts by 50 to 100 percent, double the time that the carts can be on the street, and extend the battery life. The staff report represented a figure above what staff felt the projects would cost, so the numbers would just be adjusted to include this project. The total amount the City could request was $529,000, which staff was still aiming for. Councilman Ferguson moved to, by Minute Motion, authorize the City Manager to sign and submit the necessary documentation for submittal of the 2009 EECBG, with the Application to include an additional project to install a solar photovoltaic system on top of the three courtesy carts on El Paseo. Motion was seconded by Kelly and carried by a 5-0 vote. I. CONSIDERATION. OF RECOMMENDATION BY THE ARCHITECTURAL REVIEW COMMISSION TO AMEND CHAPTER 8.40.040, 8.40.050, AND 8.40.055 OF THE PALM DESERT MUNICIPAL CODE - RECREATIONAL VEHICLES. Responding to question, Assistant Planner Missy Grisa said there had been influx of cases that came to the Architectural Review Commission (ARC) regarding Recreational Vehicles (RV). She said RV cases are required to go through the ARC for screening purposes, which have proven to be a challenge when trying to find the balance for residents who didn't have RV's but had to look at them, and those who want to store them on their property. Recently, quite a few cases had come through the ARC and some of the terms mentioned in the Code like "substantially screened" or "adequately screened" don't provide hard definitions, which made it difficult for the ARC 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 to determine how high an RV should be screened or how wide the space for storage needed to be. Staff researched other cities that provide more specifics as to the regulations on how one can park an RV in residential property. Further responding, she said the findings will be brought back to the City Council. Councilmember Benson moved to, by Minute Motion, proceed with research of a more definitive Recreational Vehicle (RV) storage and screening Code to report to the Architectural Review Commission (ARC), and upon ARC approval, present a revised draft Ordinance to the City Council for adoption. Motion was seconded by Finerty and carried by a 5-0 vote. J. REQUEST FOR AWARD OF CONTRACT FOR MARKETING SERVICES IN THE AMOUNT OF $144,000 TO FULL GALLOP MARKETING COMMUNICATIONS (CONTRACT NO. C29060). Marketing Manager Kristy Kneiding said this was a one-year agreement, and staff was combining the on-line and off-line services fora significant savings. Mayor Spiegel stated he knew quite a few companies were researched and wondered if staff would go out to bid next year. Ms. Kneiding responded it depended on what the results were for this year, because it was financially based. She said staff was willing to go out to bid next year if it was requested. Councilmember Benson moved to, by Minute Motion: 1) Concur with the Marketing Committee's recommendation and award the subject contract to Full Gallop Marketing Communications in the amount of $144,000 for Marketing Services, Fiscal Year 2009- 2010; 2) authorize the Mayor to execute the agreement on behalf of the City — funds have been budgeted in General Fund Account Nos. 110-4417-414-3215 and 110-4417-414-3223. Motion was seconded by Spiegel and carried by a 3-2 vote, with Ferguson and Finerty voting NO. K. CONSIDERATION OF REQUEST FOR FUNDING TO SPONSOR FASHION WEEK EL PASEO - MARCH 2010. Marketing Manager Kristy Kneiding offered to answer questions. She noted representatives from Palm Springs Life were present and others in the audience that wished to speak to the Council. MR. DAVID FLETCHER, El Paseo, Palm Desert, thanked the Council for their support with Fashion Week. He said events like Fashion Week couldn't be viewed on the success of the event itself, because the amount of advertising both in public relations and direct advertising, that took place in the height of the season, had a significant impact on the success of the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 stores during this economy. He said hopefully next year will be a better season and requested that the City Council's support Fashion Week once again. Responding to question about the recommendation, Ms. Kneiding said the Marketing Committee was adamant that they were interested in suggesting $75,000, however, staff recommended $50,000. Further responding, she confirmed the Council had indicated in their budget meeting that they would support $50,000 for Fashion Week. Councilmember Benson moved to, by Minute Motion, concur with staffs recommendation to sponsor the 2010 Fashion Week El Paseo event in the amount of $50,000. Motion was seconded by Ferguson and carried by a 4-1 vote, with Finerty voting NO. XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE DEVELOPMENT OF AN "ARTIST SHOWCASE" CONCERT SERIES IN CIVIC CENTER PARK (Continued from the meeting of May 21, 2009). Councilman Ferguson moved to, by Minute Motion, continue this item to the meeting of June 25, 2009. Motion was seconded by Spiegel and carried by a 4-1 vote, with Finerty voting NO. XVI. OLD BUSINESS A. REQUEST FOR AUTHORIZATION. TO REJECT ALL BIDS FOR THE RECYCLED WATER FILTRATION SYSTEM AT DESERT WILLOW AND APPROVAL OF SOLE SOURCE VENDOR FOR THE PROJECT (CONTRACT NO. C28790). Mayor Spiegel asked why all the bids were being rejected. Redevelopment Manager Martin Alvarez responded that after the bid process staff discovered some ambiguity in the specifications that would allow bidders to provide alternate products that would not be compatible with the existing pump stations. Staff recommended that all bids be rejected, fix the specifications, and rebid the project using a sole source. Councilman Ferguson moved to: 1) By Minute Motion, reject all bids received for the Recycled Water Filtration System at Desert Willow and authorize staff to rebid the project; 2) waive further reading and adopt Resolution No. 09-40, authorizing a sole source for the Desert Willow Filtration Upgrade Project in order to ensure compatibility with the existing system. Motion was seconded by Benson and carried by a 5-0 vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 B. REQUEST FOR AWARD OF DESIGN/BUILD CONTRACT FOR THE CIVIC CENTER PARK AMPHITHEATER TO DOUG WALL CONSTRUCTION, INC., IN THE AMOUNT OF $397,645 (CONTRACT NO. C28860). Parks and Facilities Manager Jay Niemczak stated that all proposals for the Amphitheater Design/Build project were reviewed and evaluated, and staff submitted a recommendation as noted in the staff report. He offered to answer any questions. Mayor Spiegel asked if the City's insurance cover some of the cost. Mr. Niemczak stated that $215,000 would be received from the insurance; however, if the structure was found to be damaged after inspection, that figure could change. Further responding, he confirmed total cost to the City was about $185,000, with plans to complete the project by Christmas. Mayor Pro Tem Finerty asked at what point was the Structural Engineer going to inspect the structure to determine the damage. Mr. Niemczak said he expected the engineer to inspect for damage when the current structure was being removed, at which time, the engineer is to determine if it was a channel defect or damage to the structure. Further responding, he said the fabric would be covered by the insurance, but the structure itself was unknown at this time. Mayor Spiegel commented the City would be covered for $215,000 of the $397,000 cost of the project, and noted that Councilmember Benson and Councilman Ferguson were on the committee that chose the new design. Councilmember Benson said the chosen design was a far cry from what was proposed for $1.5 million for a golden tree. Councilmember Benson moved to, by Minute Motion: 1) Determine that MG Enterprises, Inc., and Zeus Construction bids are non -responsive; 2) award the subject Design/Build Contract for the Civic Center Park Amphitheater to Doug Wall Construction, Inc., Bermuda Dunes, California, in an amount not to exceed $397,645, and authorize the Mayor to execute same — funds are available in the Civic Center Amphitheater Account, No. 233-4668-454-4001. Motion was seconded by Ferguson and carried by a 5-0 vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE APPROVAL OF AMENDMENT #1 TO A PRECISE PLAN OF DESIGN, INCLUDING CONDITIONAL USE PERMIT AND FIRST AMENDMENTS TO DEVELOPMENT AGREEMENTS, TO ALLOW CONSTRUCTION OF A NEW 42,539 SQUARE -FOOT, SINGLE - STORY RETAIL AND RESTAURANT DEVELOPMENT WITH THE ADOPTION OF AN ADDENDUM TO THE APPROVED MITIGATED NEGATIVE DECLARATION AS RELATES TO THE PROJECT — SUBJECT PROPERTIES LOCATED AT 73-545 EL PASEO (GARDENS ON EL PASEO, APN 627-261-006) AND 73-425 EL PASEO (EL PASEO VILLAGE, APNs 627-252-004, -005) Case Nos. PP 07-10. CUP 07-18. DA 07-03 and DA 07-04 Amendments #1 (Davis Street Land Company, Applicant). Senior Management Analyst Ryan Stendell noted the Council was shown the revised project at the Study Session of May 21, 2009, and remained unchanged from what was presented at that time. Since then, staff began a series of discussions with the developer in an attempt to move the project to this point. He said staff had documentation that provided for a Leadership in Energy and Environmental Design (LEED) certified El Paseo Village and a roof -mounted photovoltaic (PV) solar system that is conditioned to power 100% of the common landlord -controlled spaces, including storage spaces and decorative lighting on the site. After analyzing the project with the addition of the PV system, staff was recommending approval of the previously approved $750,000 contribution to the project in consideration for the public parking easement to the rear of the building, as well as for the sustainability features the City requested. Subsequently, staff asked the developers to conduct their own analysis of the construction cost on the sustainability features, and their memo which was handed out this evening to the Council, indicated they met the LEED criteria; the photovoltaic (PV) system would be a $900,000 addition to the project. The Applicant was comfortable with the $750,000 contribution previously proposed by the City. Staff believed this was an important project for El Paseo because it provided two things: expansion of Saks Fifth Avenue, which was the anchor at The Gardens, and it would provide an entire new block of high -end retail with a ground -floor restaurant between San Pablo and Lupine Lane. The analyses by both staff and the project development team was that between sales tax and property tax revenues, this project could be worth approximately $400- to $500,000 per year to the City's General Fund. Staff was recommending approval of the project with the requested components by the City Council, which are listed in the staff report that include the proposed Resolution describing the planning case, and the Ordinance that would approve the first amendments to two existing development agreements that were in place 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 when the project was first approved last year. He said staff and the development team were present to answer questions. Councilman Kelly asked at which corner would the floor restaurant be located. Mr. Stendell responded it would be located on the western corner. Councilman Kelly was concerned that when the restaurant was in and installed, that the most exclusive parking spaces would be taken up like at The Gardens. Mr. Stendell replied that valet parking was addressed in the original entitlements with the Parking Management Plan, which was part of the package that Council was being asked to approve with the first amendment. In the first plan, it was his understanding that if there was any valet parking, the least desirable parking spaces would be used. Further responding, he said Councilman Kelly's concerns could easily be addressed if necessary. Councilmember Benson stated that staff's recommendation still included a City contribution of $750,000 for a smaller one -floor building. She thought the contribution should be cut down proportionally as well. Mr. Stendell said he couldn't get into too much detail about paring down the building, although he did know it was more difficult on the developer to achieve LEED design with the new configuration, because it was less square footage. Therefore, in the analysis now, staff was fully comfortable $750,000 would get the project to LEED certification, which included the parking easement and other items outlined in the staff report. Staff believed $750,000 was a solid number for what the City was asking the developer to do. He said the project was moving at such a pace that no one really analyzed the full construction cost or understood what kind of an infusion LEED would be to the project, but staff was saying that $750,000 penciled to get the developer to those sustainability features. Mayor Spiegel declared the public hearing open and invited testimony IN FAVOR or in OPPOSITION to this project. MS. SARAH O'FLYNN stated she was the Marketing Director at The Gardens on El Paseo, and also Vice -Chair for the Palm Desert Chamber of Commerce, which was now a "Five-star Chamber of Commerce." She said Barbara deBoom graciously sent a statement in support of the El Paseo Village. She read the prepared statement, which was now on file with the City Clerk. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 MR. DAVID FLETCHER stated that as a long-time developer on El Paseo, constructing anything in this environment was extremely difficult and expensive. The vacant lot that existed now on El Paseo was challenging for some of the merchants, and it was making the street less inviting for people to shop. He said it was a credit to the incredible area and the reputation that El Paseo had achieved for a developer to be coming out of the ground with a project at this time; there are very few projects being initiated in this environment. Understanding money was tight, he strongly recommended that the Council support this project every way that it could. MR. PAUL ANDERSON with Kennerly, Lamishaw & Rossi, LLP, stated he was legal counsel for the Applicant. He introduced the members of the Davis Street team that were present this evening: General Manager of The Gardens Bob Fliday, Project Architect Gary Dempster, and Parking Consultant Trisa Allen. He said Mr. Stendell did a great job of explaining where the project was and where it was to date, so he would start by responding to an earlier question by Councilman Kelly about valet parking. He said the current Parking Management Plan, which was approved last summer, provided for a cooperation between the City and the developer as to those parking spaces. The team will make sure that premier parking spaces won't be over loaded with valet parking. He believed it will be much easier to make the adjustment with the revised project, because it was only a surface lot. In response to Councilmember Benson's comment about the City's original investment of $750,000 and whether it was still applicable for a reduced -sized project, he said the money the City participated was devoted toward the parking by providing 150 parking spaces for public use. He said the parking spaces would remain the same with the reduced -sized project, and at the same time, the sustainability features were enhanced as described by Mr. Stendell. He said the proposed project will not only comply with LEED, but a solar component was added, which was an excess of what the City requested at the May Study Session. He said Assistant Planner Missy Grisa should get kudos for working with Mr. Dempster in figuring out exactly what this project could support, and it appeared the project was on a path toward LEED for Core & Shell Rating System. He said the central building roof structure can support solar to a degree that will support all of the landlord -controlled areas, including the paseos and parking lot. He thought the combination of features, even though it was a reduced -size building, still justified the City's investment. Responding to question about the installation of rooftop solar versus solar carports, he said carport structures were not as solid or supportable for the type of solar panels they were designing. He said if a carport like the City's was constructed, the project would lose parking spaces, so instead more trees were added, which provided 20% more of a buffer between the parking field and the condo's to the rear. In exchange, they would install solar on the roof to make sure the project received all the sustainability/energy that it could have. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 Mayor Pro Tem Finerty asked Mr. Stendell if an all -in -one carport structure existed. Mr. Stendell stated he believed there were integrated carport solar system structures available, but he didn't know their cost. However, in his discussion with the developer, a roof -mount would provide a cleaner job for conduit wiring into the electrical rooms. From a maintenance standpoint, the developer wouldn't have to deal with underground trenches or lines running underneath the surface lot. Responding to question about the capacity of the proposed PV solar system, he said the developer had indicated they would install a 40,000 watt (40kW) photovoltaic system, which was more than what was needed. Further responding, he confirmed the Director of Energy Management Pat Conlon had reviewed the project. Mr. Conlon agreed with Mr. Stendell that a 40kW system may be too much for the amount of lighting the project had in their common areas, especially if they were investigating LEED certification. He suspected new technology lighting and LED lights would be used as opposed to the traditional lights. He felt the jury was out regarding the size of the solar system, because if the instructions of the City Council are that the project pick up 100% of its common area loads, staff will make that happen with an appropriate size solar system. If the Feed -in Tariff (FiT) came to fruition, the project will be in a position to get money back from Southern California Edison (SCE). Responding to question, he said the Applicant would not be able to sell their excess capacity to its tenants; however, a new law just passed, will allow the excess capacity/credit to be rolled over for two years instead of just one year. Councilman Ferguson asked if the City could request that it be kept at a 40kW system. Mr. Conlon stated he would rather have the City give the Applicant direction to pick up all the common area loads with solar. He felt the City should wait to find out what the electrical loads will be and then design a system that was appropriate. He said if a 40kW photovoltaic system was installed and the project only needed a 20kW system, under the current law, it would be money wasted. However, under the Feed -in Tariff the project would get money back. Further responding, he agreed depending on how the building was designed, an additional 20kW system could be added. Mayor Pro Tem Finerty asked what was the difference in cost between a 20kW and a 40kW solar system. Mr. Conlon responded a 20kW solar system combined with the California Solar Initiative (CSI) rebate, and Investment Tax Credit (ITC), not including 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 prevailing wages, could run about $150,000; therefore, a 40kW system could cost up to $300,000. Mr. Stendell concurred. With no furthertestimony offered, Mayor Spiegel declared the public hearing closed. Councilman Kelly stated the revised project did not remove the revenue producing part of the development, and on that basis he was in favor of the City's $750,000 contribution. He said the parking plan appeared to be a good one because it included golf cart and hybrid vehicle parking spaces. He said the revised single -story project was better than the originally proposed two-story plan, and the pay back to the City was the same. Councilmember Benson stated she didn't have additional comments, only that it seemed a little out of line to contribute the same amount to the project. Mayor Pro Tem Finerty stated she liked the revised project more than the original one because it wasn't one huge block, and the height of the building would be lower that the mountains can still be seen and delighted it turned out this way. However, she was concerned the City would contribute the same $750,000 to the project, which was why she questioned the size of the solar system. She said if the project only needed 20kW versus 40kW, which was a savings of $150,000, she thought it would be beneficial to wait until it was known how many kilowatts would be needed before locking into the $750,000 amount, because the City could potentially save $150,000. Councilman Ferguson said he needed more concrete details on the type of LEED certification the Applicant would be providing. Mr. Stendell explained that LEED certified was the entry level certification for certified silver, gold, and platinum. He said the Applicant met the LEED Certified core and shell 2.0 or 3.0 versions, which was more of a bronze certification. Councilman Ferguson said he thought at the May Study Session the project was a couple of points away from reaching gold. Mr. Stendell responded the project was never a couple of points away from gold, but arguably if one looked at the Applicant's matrix, it would be a hard path to silver, understanding the difficulty of those points. Staff was comfortable supporting certified with a mandatory submittal knowing that there was actually a possibility that they could get silver. Staff was willing to hold them to the silver certified based on what staff knew of the system, which was the recommendation of both the City's and Applicant's LEED personnel. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 Assistant Planner Missy Grisa replied she was comfortable with the project reaching the certified level as discussed in the Study Session. The Applicant was a few points short of achieving the certified level under the 3.0 version, which was just passed. However, the 2.0 version had a different point system, which placed the Applicant in a higher position. Staff allowed the Applicant the ability to choose between version 2.0 and 3.0 based on them saying they had already submitted an application under the 2.0 version; otherwise, they would have to work under the 3.0 version. Further responding, she said the Applicant was a few points short of silver certified under the 2.0 version. Councilman Kelly said there was some discussion that solar panels couldn't be counted toward LEED, but it meant a lot to the City if solar was installed. He wondered if the City was better off having a bronze equivalency certification and solar panels, or no solar panels and LEED certification. Ms. Grisa said she believed the City wanted both because the solar panels would contribute to its energy efficiency goal, and a LEED certified building would be another great attribute to the City. Further responding, she said the City would be better off with a bronze certification and solar panels. Councilman Kelly stated if the City had everything, naturally that would be better, but if he had to choose, he would choose to have the solar panels. Ms. Grisa stated she understood the Council was worried about the cost associated with LEED and the money the City would be contributing to the project, but the contribution to the solar panels would be a big attribute to the LEED certification, which was the largest cost. Some of the items listed in the developer's cost assessment were already part of the original proposed project and wouldn't necessarily go above and beyond the premium for LEED, but she thought the amount proposed was adequate to achieve LEED certification. Mayor Spiegel stated LEED certification was important, but that was not all the project was about. He said this project would bring businesses to the City of Palm Desert, and retail was the City's number one resource for the General Fund. The proposed stores were not 99 cent stores, but rather high- class additions to the City of Palm Desert from a retail standpoint. The fact that this project could get started in late October or early November, during a time when people were down because of the economy, would be a plus for the City. Councilman Ferguson agreed the revised plan looked better as a one-story building, and he also agreed that a lot of nonrevenue producing space was eliminated from a financial standpoint. He said LEED certification was 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 important because of the City's goal to cut consumption by 30% and understood the project was already meeting the City's advanced Commercial Ordinance Title 24. He personally would like additional solar to be installed, because he believed the Feed -in Tariff was coming, but at a minimum, the common areas need to be covered as suggested by the Director of Energy Management and leaving space for when the State started paying the Applicant for energy as opposed to the other way around. As to the Mayor's point, he believed there were stores that would only come here if it was an environmental green building that was LEED certified. He had a good idea one tenant, which the developer refused to mention, would only move into a green building. He said socially conscious people shopped only in retail stores where the goods were made in third world countries or were made in humane countries with a human right's record. He said to that degree, he believed it added to the upscale nature of El Paseo because it incorporated everything that was great about this community, which was the high -end stores and sensitivity to the environment. Whether it was $750,000 or $500, if the City was getting its bank for its dollar, he really didn't care what the figure was, but what he was hearing from staff was that $750,000 was reasonable. Councilman Ferguson moved to waive further reading and, subject to all the attached conditions: 1) Adopt Resolution No. 09-41, approving Case Nos. PP 07-10 and CUP 07-18; 2) pass Ordinance No. 1186 to second reading, approving Amendments #1 to each of Case Nos. DA 07-03 and DA 07-04, with added/amended conditions to include: a) Valet parking spaces to be designated to the rear of the lot/building; b) Photovoltaic (PV) system to cover all of the common areas and the landlord -controlled areas to the greatest extent possible. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND ORDER TO LEVY FOR FISCAL YEAR 2009-2010 FOR THE PALM DESERT DRAINAGE BASIN MAINTENANCE ASSESSMENT DISTRICT NO. 01. Senior Management Analyst Ryan Stendell stated the following five items on the agenda were annual public hearings for the landscape lighting districts. This item was for the Palm Desert Drainage Basin Maintenance for Assessment District No. 1, which included Section 29 area of the north end. The law required the City to hold a public hearing, and this District reflected a 3% cost of living increase as allowed by this District. Mayor Spiegel declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. With no public testimony offered, he declared the public hearing closed. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 Councilman Kelly moved to waive further reading and adopt Resolution No. 09-42, approving the Annual Engineer's Report and ordering the levy and collection of assessments within the City of Palm Desert Drainage Basin Maintenance Benefit Assessment District No. 1 for Fiscal Year 2009-2010, pursuant to the provisions of the Benefit Assessment Act of 1982. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. C. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2009-2010. Mayor Pro Tem Finerty noted she owned property in the subject District, and recused herself and left the Council Chamber. Mr. Stendell noted this District did not reflect a 3% cost of living increase in times where Consumer Price Index (CPI) was a negative; therefore, this District will reflect no change from last year. Mayor Spiegel declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. With no public testimony offered, he declared the public hearing closed. Councilman Kelly moved to waive further reading and adopt: 1) Resolution No. 09- 43, approving the Final Engineer's Report for the Consolidated Palm Desert Landscaping and Lighting District for FY 2009-2010; 2) Resolution No. 09-44, ordering the levy and collection of assessments within the Consolidated Palm Desert Landscaping and Lighting District for FY 2009-2010. Motion was seconded by Ferguson and carried by a 4-0 vote, with Finerty ABSENT. D. REQUEST FOR APPROVAL OF THE ANNUAL BUDGET AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2009-2010. Mayor Spiegel declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. With no public testimony offered, he declared the public hearing closed. Councilman Ferguson moved to waive further reading and adopt: 1) Resolution No. 09-45, approving the Alessandro Alley Business Improvement District Annual Budget for FY 2009-2010; 2) Resolution No. 09-46, ordering the levy and collection of assessments within the Alessandro Alley Business Improvement District for FY 2009-2010. Motion was seconded by Finerty and carried by a 5-0 vote. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 E. REQUEST FORAPPROVAL OF THE ANNUAL BUDGET AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE PRESIDENTS' PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2009-2010. Mr. Stendell noted this District reflected a 3% cost of living increase. Responding to question about the location of the District, he said it covered the east side of Portola Avenue all the way to San Luis Rey. Mayor Spiegel declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. With no public testimony offered, he declared the public hearing closed. Mayor Pro Tem Finerty moved to waive further reading and adopt: 1) Resolution No. 09-47, approving the Presidents' Plaza I Business Improvement District Annual Budget for FY 2009-2010; 2) Resolution No. 09-48, ordering the levy and collection of assessments within the Presidents' Plaza I Property and Business Improvement District for FY 2009- 2010. Motion was seconded by Ferguson and carried by a 5-0 vote. F. REQUEST FORAPPROVAL OF THE ANNUAL BUDGET AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE PRESIDENTS' PLAZA III BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2009-2010. Councilman Ferguson noted he had a conflict of interest with this item and recused himself and left he Council Chamber. Mayor Spiegel declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. With no public testimony offered, he declared the public hearing closed. Mayor Pro Tem Finerty moved to waive further reading and adopt: 1) Resolution No. 09-49, approving the Presidents' Plaza III Business Improvement District Annual Budget for FY 2009-2010; 2) Resolution No. 09-50, ordering the levy and collection of assessments within the Presidents' Plaza III Business Improvement District for FY 2009- 2010. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of the City Council 2009 Summer Meeting Schedule. Councilman Kelly moved to, by Minute Motion, direct that the first regular City Council Meetings in each the months of July and August 2009 (July 9 and August 13) be canceled and conduct the second meetings in those months (July 23 and August 27). Motion died for lack of a second. Councilman Ferguson asked why the schedule was being changed. Mr. Wohlmuth stated that last year the City held the first meeting in July and the second meeting in August, and with vacation plans and other issues, a couple of Councilmembers will potentially be absent if held the same way as last year. Councilman Ferguson responded that a few Councilmembers may also be absent with the proposed recommendation as well. Mayor Spiegel agreed, which was why it needed to be discussed. One of the main considerations was that work would be backed up. Councilman Ferguson stated that with the regular schedule, a meeting could still be called at the request of the Council, which was exactly what happened last year when the Governor signed AB 811. Councilman Kelly agreed, stating that as long as he could recall, the City went dark the second meeting in July and the first meeting in August, which gave the Council a longer period to go on vacation. However, the main attempt here was to have a shorter period between Council meetings and not interfere with someone's vacation. He was in favor of going dark the second meeting in July and first meeting in August. Councilman Kelly moved to approve the cancellation of the July 23 and August 12, 2009, City Council meetings. Motion was seconded by Ferguson and carried by a 4-1 vote, with Spiegel voting NO. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of Upcoming Events. a) Special City Council/University Planning Committee Meeting, Friday, June 12, 2009, 3:00 p.m., UCR-Palm Desert Graduate Center, Heckmann Building, #A-129. b) City Council Study Session, Thursday, June 25, 2009, 2:00 p.m., Administrative Conference Room - City of Palm Desert Sustainability Plan. Mrs. Klassen asked City Councilmembers to take note of the scheduled Study Sessions and a reminder to adjourn this meeting to Thursday, June 18, 2009, at 4:00 p.m., for a budget meeting in the Council Chamber. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Committee Reports: None 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 2009 o City Council Comments: 1. Transatlantic Green Platform (TGP) in La Baule. France - Councilman Ferguson stated he participated in the Platform, which was attended by more than 1,000 executive, 55 speakers representing 42 countries, and 75 journalists. He said Palm Desert was certainly known, which was the City's goal from a year ago January, to be recognized as a leader in efficiency and conservation. At least by his bias, be believed the goal had been accomplished. He said despite The Desert Sun's best efforts to let everyone know this trip didn't cost the City a dime, he understood there was a letter to the Editor stating the City's Summer Concerts were canceled because of his trip to France. He reiterated that his trip to France did not cost the City of Palm Desert a dime. 2. Palm Desert Chamber of Commerce, - Mayor Spiegel stated that every five years the Chamber of Commerce in every city in the United States had to be reorganized and approved with a two-, three-, four-, or five-star. This year the Palm Desert Chamber of Commerce was approved as a "Five -Star," of which there are only two in California and 50+ in the United States. He said it was a credit to Barbara deBoom and her staff to what they have been able to accomplish. XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 5:20 p.m. to Thursday, June 18, 2009, at 4:00 p.m. for a budget meeting in the Council Chamber. ATTEST: H LCE D. KLASSE'N, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPI 29