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HomeMy WebLinkAbout2009-06-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 25, 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 3:00 p.m. II. ROLL CALL Present: Excused Absence: Councilmember Jean M. Benson Councilman Richard S. Kelly Councilman Jim Ferguson arrived at 3:04 p.m. Mayor Pro Tem Cindy Finerty 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 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 Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Steve Brooker, 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) Mr. Erwin introduced his grandson, Brian Anderson, who had been working with him on his calls and meetings all week. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 IV. ADJOURN TO CLOSED SESSION Request 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. 106, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Economic Partnership Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Desert Willow Golf Resort - 38995 Desert Willow Drive, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Palm Desert Recreational Facilities Corporation Under Negotiation: x Price x Terms of Payment 3) Property: APN 624-290-001 Negotiating Parties: Agency: John M. Wohlmuth/Mark Greenwood/John Garcia/ City of Palm Desert Property Owners: SMG 17, LLC WGBK, LLC 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 With City Council concurrence, 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 25, 2009 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Jim Ferguson VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B PALM DESERT CHAMBER OF COMMERCE EXECUTIVE BOARD AND STAFF addressed the City Council as the City's Five-star Accredited Chamber of Commerce, presenting five-star T-shirts and lapel pins to each Councilmember. Past Chair Mike Hardin explained that the Palm Desert Chamber was accredited by the U. S. Chamber of Commerce earlier this month, the second Chamber in the State of California to receive the highest possible five-star rating. Additionally, Palm Desert's was only the fifth Chamber to receive this rating in 15 Western States; and one of 55 of the 6,900 Chambers of Commerce in the entire United States to do so. The Board and staff offered special thanks to the City Council for allowing the Chamber to operate from the Henderson Community Building. Facility was one category measured in the accreditation process, and Palm Desert received one of its highest marks here. The Chamber was proud to be working with the City of Palm Desert to promote its business community. Mayor Spiegel congratulated the Chamber of Commerce for its achievement and a job well done. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF UPDATE ON FAMILY YMCA OF THE DESERT'S SPRING ACTIVITIES. Family YMCA Executive Director Rob Ballew commented that these were tough economic times for everyone, and he acknowledged the City's budget review process, much like the one also being done by the YMCA. He was pleased to be able to present a 1 V2-minute video of YMCA activities provided to the community over the past several months and thanked the City for its generous support. He said approximately 1,400 people attended the combination Easter Egg Hunt and Healthy Kids Day in April, which focused on fitness. The YMCA will continue concentrating on fitness in its many program offerings to enhance family lifestyles. Most recently, 155 children graduated from the City -sponsored YMCA Jean Benson Preschool, and the City also helped sponsor a kids talent show held at Cal State San Bernardino - Palm Desert Campus in the Indian Wells Theater. Additionally, through a relationship with Desert Sands Unified School District, Palm Desert area high school and junior high students were given free swimming lessons, with 48 learning to swim. He said 100 kids participated 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 in the Abraham Lincoln Elementary After -school Enrichment Program, where the City's sponsorship is greatly appreciated. And currently, 155 kids are attending YMCA Camp at Big Bear, most being from Palm Desert. Another of the camps kids are participating in right now is "Project Runway," for 8-, 9-, and 10-year olds, where they make fun clothing and accessory items. He presented a handmade, decorated denim purse from Project Runway to Mayor Spiegel for Mrs. Spiegel. B. APPOINTMENT OF PALM DESERT YOUTH COMMITTEE MEMBERS. Mayor Pro Tem Finerty moved to, by Minute Motion, appoint Kevin Autran and Jason Richard to the Palm Desert Youth Committee to fill the vacancies created by the resignations of Katie Pawelczyk and Ryan Sheehy (terms 12/31/09). Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 11, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 274, 278, and 279. Rec: Approve as presented. C. PUBLIC SAFETY COMMISSION MINUTES forthe Meeting of May 13, 2009. Rec: Receive and file. D. REQUEST FOR AUTHORIZATION to Streamline and Approve the Use of Various Building Maintenance Services Vendors for Fiscal Year 2009-2010 by Granting Exception to Bidding Requirements Provided for by Section 3.32.090 of the Palm Desert Municipal Code. Rec: By Minute Motion: 1) Approve of and authorize staff to use vendors specified on the Building Maintenance Services Various Vendors list attached to the accompanying staff report; 2) grant exception to Bidding Requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for Fiscal Year 2009-2010 for this purpose. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 E. REQUEST FOR AUTHORIZATION to Seek Bids for Construction of the Southern Ring Road Extension at the California State University, San Bernardino, Palm Desert Campus (Contract No. R28830) (Joint Consideration with the Palm Desert Redevelopment Agency). Removed for separate consideration under Section Xl, Consent Items Held Over. Please see that portion of the Minutes for Council/Agency discussion and action. F REQUEST FOR APPROVAL of a Lease Agreement Between the City of Indian Wells and the City of Palm Desert for Housing a Paramedic Unit at Indian Wells Fire Station No. 55 (Contract No. C29100). Rec: By Minute Motion: 1) Authorize the Mayor to execute a Lease Agreement between the City of Indian Wells and the City of Palm Desert to house a paramedic unit at Indian Wells Fire Station No. 55; 2) approve the purchase and installation of an exhaust drop - down at Indian Wells Fire Station No. 55, with cost estimated not to exceed $3,579 and funds available in Fire Fund 230 for this purpose. G. REQUEST FOR APPROVAL of an Amendment to the Contract with Southwest Aquatics for Maintenance of the Civic Center Park Lagoon and Entrada del Paseo Water Feature to Include the Eric Johnson Garden (Contract No. C27821). Rec: By Minute Motion, approve an amendment to the subject Maintenance Contract with Southwest Aquatics, Palm Desert, California, to include the Eric Johnson Garden in the amount of $1,080 — funds are available in General Fund Account No. 110-4614-453-3370. H. REQUEST FOR AUTHORIZATION, to Release Remaining Funds in Trust Deposit No. 3310 to Cingular Wireless for Installation of Trees at Civic Center Park (Cingular Wireless, Applicant). Rec: By Minute Motion, authorize the Finance Department to: 1) Debit Faithful Performance Account No. 610-0000-228-0600 in the amount of $25,000 to release Trust Deposit No. 3310; 2) credit the Reimbursements from Non -Government Parties Account No. 110-0000-349-9400 in the amount of $5,272 for costs incurred by the City associated with the relocation of trees in Civic Center Park; 3) reimburse the balance of funds released from Trust Deposit No. 3310 in the amount of $19,728 to Cingular Wireless. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 Mayor Pro Tem Finerty requested Item E be removed for separate action under Section XI, Consent Items Held Over. Upon a motion by Ferguson, second by Finerty, and 4-0 vote of the City Council, with Kelly ABSENT, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER E. REQUEST FOR AUTHORIZATION to Seek Bids for Construction of the Southern Ring Road Extension at the California State University, San Bernardino, Palm Desert Campus (CSUSB) (Contract No. R28830) (Joint Consideration with the Palm Desert Redevelopment Agency). Mayor Pro Tem/Vice Chairman Finerty stated she pulled this item because a $1.5 million item was a large amount to have on the consent calendar. Secondly, she had requested that the minutes be pulled because the staff report suggested that the Redevelopment Agency had earmarked $1.5 million to fund the project, but she was concerned about the lack of landscaping. She said the City had a memo from the City Manager stating that CSUSB was ready to go with the project, and she assumed funding was in place because the work was scheduled to be completed by September 11. However, it was a different story with the University of California, Riverside (UCR), and she didn't know how much money was set aside. She invited Ms. Carolyn Stark to answer some questions. MS. CAROLYN STARK, Assistant Executive Vice Chancellor and Executive Director of UCR - Palm Desert Graduate Center stated the UCR project was on track with funds set aside. She said the same landscape architect will be retained by Cal State in design contract. She said the project should be out to bid by late July, and despite the State budget problems, she anticipated no delays because funds were allocated from the current year's budget. The contract is to be awarded by the end of August with work to begin soon after. Responding to question, she said $125,000 was set aside. Mayor Pro Tem/Vice Chairman Finerty stated she was informed the project would cost $4.5 million. MS. STARK stated that figure included the entire native landscape project, which was nine acres, and it included the view corridor. The project addressed this evening was the streetscape along Cook Street, which was Cal State's responsibility, and the streetscape along Frank Sinatra was UCR's responsibility. Responding to question, she said the balance of the nine acres was still under project negotiation and Cal State and UCR felt strongly to proceed, but given the budget situation, it will be delayed. The streetscape project should take care of the immediate need for appearance at the corner, which will include signage that both entities had allocated 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 funds for. She believed lighting would also be included for the signage. The nine acres behind that corner will be done on a more delayed basis. Further responding to question about the time frame on the delay, she said she couldn't answer at this time, but that UCR and Cal State were as anxious as the City to get it done and will proceed as allowed. Councilman/Member Ferguson stated that UCR wouldn't be opposed if the City held off going out to bid on Ring Road until the City had commitments on the landscaping. MS. STARK stated that doing the corner landscaping was a commitment on their part as discussed several weeks ago in the study session. She said Ring Road was an issue of safety with the u-turns that are necessary to get into the campus. Councilman/Member Ferguson stated landscaping had been discussed for ten years, and promises had been made by Mr. Jandt and Ms. Stark and every dollar that came in went vertical, and nothing got done with landscaping. He would like to see Ring Road go through, but not until UCR and CSUSB lived up to their commitment to do the landscaping. MS. STARK replied that the current undertaking indicated a commitment for the streetscape along Frank Sinatra and the corner. Councilmember/Member Benson commented there was nothing on the campus. MS. STARK noted the streetscape on UCR was pretty much complete, it was actually the corner landscaping that had irritated both Cal State and UCR, so it was as urgent for them as it was for the City. Mayor/Chairman Spiegel suggested going out to bid and not awarding the contract until the City was satisfied that the proper thing was being done for landscaping by both Cal State and UCR. Mayor Pro TemNice Chairman Finerty asked how long would a bid be good for if the City went out to bid. Redevelopment Manager Martin Alvarez responded he believed the bid would be good for 90 days. Mayor Pro TemNice Chairman Finerty stated 90 days wouldn't help the City much, considering Ms. Stark couldn't provide a time frame. Mayor/Chairman Spiegel asked if Cal State and UCR could present to Council its plan and what it had under contract in 90 days. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 MR. FRED JANDT, Dean of the Palm Desert Campus, CSUSB, stated the streetscape was already designed, the contract had been lead, and it will get done; however, the remaining project was a multimillion dollar project to which they had a design but no donors. Mayor Pro Tem/Vice Chairman Finerty stated when she first got involved in one of the study sessions, she recalled hearing the money was set aside for landscaping but was used for construction. MR. JANDT said that was incorrect information. He said money was set aside for landscaping along the street, but not for the view corridor. Mr. Wohlmuth stated he wasn't the City Manager when the original agreement happened, but he met with Ms. Stark this afternoon, and a meeting will be set with Coachella Valley Water District (CVWD), UCR, Cal State, and the City of Palm Desert to discuss the larger project, which he believed can happen well within the 90 days. Mayor Pro Tem/Vice Chairman Finerty moved to continue this item to a date uncertain, pending results of the City Manager's meeting(s) with Coachella Valley Water District and parties suggested by the City Manager. Motion died for lack of a second. Mayor/Chairman Spiegel stated the City had been waiting a long time on the landscaping, but a longer time on Ring Road. He said half the road was built by the Berger Foundation, but then it was left barren; then the City installed a stop light on Frank Sinatra Drive that hadn't been activated. It was dangerous trying to get into the UCR campus because one had to make a u-turn on Frank Sinatra Drive. Mayor/Chairman Spiegel moved to, by Minute Motion, authorize staff to seek bids for construction of a portion of the Ring Road at the California State University, San Bernardino, Palm Desert Campus (CSUSB), connecting existing Berger Circle Drive to Frank Sinatra Drive — funds of $1.5 million have been earmarked in the Redevelopment Agency Budget, pending City Council satisfaction on the progress made by Cal State and UCR on the funding of the landscape. Motion died for lack of a second. Councilman/Member Ferguson suggested an amendment to Mayor Pro TemNice Chairman Finerty's original motion to include that under no circumstances will the City move forward on Ring Road until funding was in place. Mayor Pro TemNice Chairman Finerty moved to, by Minute Motion, continue this item to a date uncertain, pending results of the City Manager's meeting(s) with all interested parties and the understanding that under no circumstances will the Ring Road be pursued until funding is in place for landscaping in its entirety. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 MR. JANDT asked that the scope of landscaping be addressed. In other words, what was the minimum requirement the Council found successful. Responding to question, he said several different models had already been presented. Mayor Pro Tem/Vice Chairman Finerty said it would be helpful if UCR and Cal State met with CVWD and the City Manager and explain the constraints with money; however, the City still needed something aesthetically pleasing. She said perhaps some sort of partnership and ideas from CVWD would come forward, and those ideas could be presented to the Council. MR. JANDT asked if the Council was open to alternative models. Mayor Pro TemNice Chairman Finerty noted that Mr. Jandt had come up with an e-ticket of landscaping, which was great, but in this economy it wasn't prudent to spend $4.5 million on landscaping. MR. JANDT agreed, stating they were hoping to reach a consensus, and again asked if the Council was open to other models. Mayor Pro Tem/Vice Chairman Finerty answered yes. Councilman/Member Ferguson seconded the motion, and it carried on a 3-1 vote, with Spiegel voting NO and Kelly ABSENT. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1187 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.91 - ABANDONED SHOPPING CARTS - TO THE PALM DESERT MUNICIPAL CODE. Councilmember Benson moved to waive further reading and pass Ordinance No. 1187 to second reading. Motion was seconded by Finerty and carried by a 4-0 vote, with Kelly ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 B. ORDINANCE NO. 1188 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 15.06 - ENERGY CODE - TO THE PALM DESERT MUNICIPAL CODE AND REPEALING TITLE 24, SECTION 24.30 - ENERGY EFFICIENCY STANDARDS. Mayor Pro Tem Finerty moved to waive further reading and pass Ordinance No. 1188 to second reading. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. C. ORDINANCE NO. 1189 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 15.11 - GREEN BUILDING - TO THE PALM DESERT MUNICIPAL CODE. Mayor Pro Tem Finerty moved to waive further reading and pass Ordinance No. 1189 to second reading. Motion was seconded by Ferguson. Mr. Grance said staff was recommending a continuance due to the cancellation of the Study Session, which had to do with the Sustainability Plan. Responding to question, he said the Green Building Ordinance was part of the whole Sustainability Plan, and if the Study Session had taken place, he would have pointed out several issues that were of concern to staff, which were brought up at the Build Environment Team (staff workshops). There are three issues, and the most important one was that the proposed Green Building Standard of 2008 was under revision at the State level. He received an advance copy of those revisions, and the Code was drastically changed in its context, and if the City moved forward in adopting something of this nature, it will have a brand-new one next year. The Build Environment Team recommended adopting this Code, but instead of it being a voluntary Code, which it was as published by the State, was being revised and recommended as a mandatory document. Mayor Pro Tem Finerty stated the new Green Building document needed to be reviewed in concert with the Sustainability Plan. Mr. Grance concurred. Mayor Pro Tem Finerty moved to continue this item to a date uncertain. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 For Adoption: A. ORDINANCE NO. 1186 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING FIRST AMENDMENTS TO THE DEVELOPMENT AGREEMENTS RELATING TO THE EXPANSION OF SAKS 5TH AVENUE AT THE EXISTING GARDENS ON EL PASEO AND FOR THE EL PASEO VILLAGE REMODEL Case Nos. DA 07-03 and DA 07-04 Amendments #1, (Davis Street Land Company, Applicant). Mayor Pro Tem Finerty moved to waive further reading and adopt Ordinance No. 1186. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION, FOR STAFF TO PURCHASE REPLACEMENT CHINA AND SERVICEWARE FOR DESERT WILLOW GOLF RESORT. Mr. Alvarez stated that staff provided a sample of the china that would replace the old material at Desert Willow. Staff recommended the Council allow the City Manager to go out to bid in an amount not to exceed $52,000. He offered to answer questions. Councilmember Benson stated the first sample was pathetic, and the second one was a little better, but she would like to see a Desert Willow logo in the middle of the plate. MR. RICHARD S. MOGENSEN, General Manager of Desert Willow, responded it was certainly a possibility, but staff was working with the constraints of the budget. He agreed to consider looking at alternatives and returning at a future date. Mayor Spiegel agreed and suggested continuing this item until a sample could be provided with the Desert Willow logo. Councilmember Benson suggested a Desert Willow logo on the plates and on some of the bigger dishes, and a "DW" on the silverware. MR. MOGENSEN agreed to return with alternatives and appropriate logo design for Council to review. Councilmember Benson stated the Council didn't want to go over budget, but nothing "cheap" had ever been done for Desert Willow, and it was no use to start now. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 Mayor Pro Tem Finerty said the City wanted to attract the wedding reception crowd with something that was aesthetically pleasing. She recommended a reserve fund be set aside, because replacements will again be needed in five or ten years. Mayor Pro Tem Finerty moved to, by Minute Motion, authorized: 1) Setting aside $52,000 from FY 2008-2009 Capital Budget for Desert Willow Budget for purchase of china and serviceware; 2) continuing the matter to the meeting of August 27, 2009; 3) staff to establish a reserve fund for such future replacement purchases. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. B. REQUEST FOR APPROVAL OF AGREEMENT BETWEEN THE CITY OF PALM DESERT AND COACHELLA VALLEY WATER DISTRICT (CVWD) FOR THE SMART WATER METERING PROJECT (CONTRACT NO. C29110). Councilman Ferguson moved to, by Minute Motion approve subject agreement between the City and CVWD for the Smart Water Metering Project, and authorize the City Manager to execute the agreement — funds are available in General Fund Account No. 110-4614-453-3915 - Special Program - Water Conservation. Motion was seconded by Finerty and carried by a 4-0 vote, with Kelly ABSENT. Mayor Pro Tem Finerty noted that funding of the Smart Water Meter project in the amount of $20,000 had already been approved on June 11, 2009, by the City Council. C. REQUEST FOR APPROVAL OF CONTRACT WITH OFFICE DEPOT FOR CITYWIDE GENERAL OFFICE SUPPLIES (CONTRACT NO. C29120). Mayor Pro Tem Finerty moved to, by Minute Motion, approve the subject contract with Office Depot for a one year period, with two possible one-year extensions. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. D. REQUEST FOR REVIEW AND APPROVAL OF OUTSIDE AGENCY FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2009-2010. Councilmember Benson moved to, by Minute Motion: 1) Approve award of charitable contributions in the total amount of $233,000 to the agencies named in the accompanying staff report, with associated restrictions and conditions; 2) authorize the Mayor to execute agreements with said agencies for awarded funding. Motion was seconded by Finerty and carried by a 4-0 vote, with Kelly ABSENT. Responding to comment, Mr. Gibson said CVEP was unrelated to Outside Agency Funding. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 E. REQUEST FOR AWARD OF CONTRACT TO BEST CONTRACTING SERVICES IN THE AMOUNT OF $83,628 FOR THE CORPORATION YARD RE -ROOFING PROJECT (CONTRACT NO. C28850). Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Reject AAA Roofing by Gene, Inc., bid as non -responsive; 2) award the subject contract for Corporation Yard Re- roofing Project to Best Contracting Services, Gardena, California, in the amount of $83,628; 3) authorize an additional $8,362.80 as a 10% contingency for the project; 4) authorize the Mayor to execute said contract — funding is available in the Building Maintenance Reserve for City -owned Facilities Account, No. 450-4164-415-4001, set aside for major maintenance projects on City -owned Buildings. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. F. REQUEST FOR AWARD OF CONTRACT. TO DATELAND CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $83,914 FOR THE CIVIC CENTER PARKING LOT REHABILITATION PROJECT (CONTRACT NO. C28890). Councilman Ferguson asked which parking lot was being rehabilitated. Project Administrator Ryan Gayler responded the asphalt in front of the Sheriffs station was breaking up and will be replaced with a new base and asphalt. Additionally, a section next to the Civic Center park will also be rehabilitated. Further responding, he said the work was not an overlay project; it was a rehabilitation because the base would be removed and replaced, and the last time it was done was ten years ago. Mayor Pro Tem Finerty agreed that if not maintained, the City would later have bigger problems. Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Award the subject contract for Civic Center Parking Lot Rehabilitation Project to Dateland Construction Company, Inc., Indio, California, in the amount of $83,914; 2) appropriate $83,914 to Account No. 400-4313-433-4001 from Unobligated Fund 400; 3) transfer budget in the amount of $83,914 from Account No. 110-4313-433-3320 (Parking Lot Maintenance) to Account No. 110-4199-499-5010 (Transfer Out Account); 4) transfer the funds from the General Fund to Fund 400; 5) authorize the Mayor to execute the subject agreement — funding available in the Capital Reserve Account, No. 400-4313-433-4001. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 G. REQUEST FOR AWARD OF CONTRACT TO HARDY AND HARPER, INC., IN THE AMOUNT OF $834,000 FOR THE FRED WARING DRIVE OVERLAY PROJECT (CONTRACT NO. C28900). Mr. Gayler explained this project included three separate segments starting at the Intersection of San Pascual where there are three segments between that point and Highway 111. He noted a vicinity map was included in the staff report. The worst section to be worked on was in front of City Hall on San Pablo to San Pascual. Further responding, he confirmed funding was available in the Capital Reserve Account, and the plan was to start as soon as possible. Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Award the subject contract for the Fred Waring Drive Overlay Project to Hardy and Harper, Inc., Santa Ana, California in the amount of $834,000; 2) allocate $200,000 from Account No. 400-4311-433-4001 to the subject project; 3) appropriate $634,000 to Account No. 400-4311-433-4001 from Unobligated Fund 400; 4) .transfer budget in the amount of $634,000 from Account No. 110-4311-433-3320 (Street Resurfacing Account) to Account No. 110-4199-499-5010 (Transfer Out Account); 5) transfer the funds from the General Fund to Fund 400; 6) authorize the Mayor to execute the subject agreement — funding available in the Capital Reserve Account, No. 400-4311-433-4001. Motion was seconded by Benson and carried by a 4-0 vote, with Kelly ABSENT. H. CONSIDERATION OF A REQUEST BY COLLEGE OF THE DESERT FOR ENDORSEMENT OF ITS DRAFT POLICY ON SUSTAINABILITY STEWARDSHIP. Mayor Pro Tem Finerty stated that since she didn't know what the City's sustainability program would look like, it was difficult for her to endorse any plan at this point. Councilman Ferguson stated he read the plan and thought it was very thorough. He said College of the Desert's Sustainability Plan made a lot of sense and hoped the City's plan would be similar. Councilman Ferguson moved to, by Minute Motion: 1) Approve a request by College of the Desert (COD) for endorsement of their Draft Policy on Sustainability Stewardship; 2) direct the City Manager to prepare correspondence to COD, indicating the City Council's endorsement of COD's Draft Policy on Sustainability Stewardship and include staff and City Council's (if any) recommendations concerning this document. Motion was seconded by Spiegel and carried by a 3-1 vote, with Finerty voting NO and Kelly ABSENT. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE DEVELOPMENT OF AN "ARTIST SHOWCASE" CONCERT SERIES IN CIVIC CENTER PARK (Continued from the meetings of May 21 and June 11, 2009). Councilman Ferguson moved to, by Minute Motion, withdraw this request from the agenda. Motion was seconded by Finerty and carried by a 4-0 vote, with Kelly ABSENT. XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION, DENYING A CONDITIONAL USE PERMIT (CUP) TO OPERATE ASHORT-TERM RENTAL IN AN R-1 SINGLE-FAMILY ZONE LOCATED AT 77-040 UTAH CIRCLE Case No. CUP 09-180 (Lisa Theodoratus, Applicant/Appellant). Principal Planner Tony Bagato stated this request was before the Planning Commission where the Applicant requested a Conditional Use Permit (CUP) for a short-term rental, which is the ability to rent the home for less than 30-days periods. He displayed the vicinity map to show the home location in Palm Desert Country Club off Utah Circle. The homeowner had been operating as a short-term rental for the past two years, and it came to the City and Fire Department's attention when there was a noise complaint filed in July of 2008. The Police Department has verified there have been no further complaints since that time. He said staff added conditions to the proposal that no parties would be allowed. When the property owner was out of town, she had a local real estate person/rental agency to oversee her property. Staff felt that with the conditions proposed, which were compatible with the neighborhood, staff would recommend the City Council reverse the Planning Commission's decision. Responding to question, he confirmed the house was on a cul-de-sac and the Planning Commission voted to deny the request on a 4-1 vote. Further responding, he confirmed the City's policy is 30 days or more. Mayor Pro Tem Finerty asked if staff was recommending that the Council vote against it's own policy. Mr. Bagato explained that because the property was in the R-1 Zone, staff had no way to address short-term rentals in the past. The City required a CUP, in the R-1 Zone only, to be able to rent. In the past, the Planning 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 Commission approved the ones that were not problematic. However, the ones that had a proven history of party homes like the one in Ironwood and Joshua Tree were denied. He said short-term rentals are allowed under a CUP, as long as they can be compatible with the neighborhood. Mayor Spiegel declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. LISA THEODORATUS, Applicant, stated that Palm Desert was a residential and vacation resort community, and as such, it had a tremendous amount of tourist coming from all over the world, which brought the City much needed tax dollars. She asked the Council to recognize the potential of the Transient Occupancy Tax (T.O.T.) revenues for the City by making it easier for homeowners to rent responsibly on a short-term basis and approve her request for a CUP. A home of her size would probably bring in an additional $2,000 to $3,000 a month in T.O.T. revenues. In the past she had been doing long-term rentals, but due to the economy, it was no longer feasible for her occupants. Her usual occupants are one couple and most often from Canada. This situation has put her in a severe bind, because she has not been able to rent her home. She was running into a huge dilemma by having to refer people to other homeowners who are renting their house anyway without being required to pay the tax for the CUP. She said there was one complaint filed last year, but no one but her was at the house for a two -month period. The complaint was done by a reporting party with very little information on it. She always tries to be extremely responsible as noted in a letter by one of her neighbors who lived two doors down. She even has provisions in her contract that if there was any noise or party, that the renter would be evicted immediately. Mayor Pro Tem Finerty asked the Applicant why she didn't rent out the unit full-time since she lived in San Rafael, California. MS. THEODORATUS replied she lived in San Rafael and started renting out several years ago when the economy was turning. She is a small business owner who was able to afford her home on Utah Circle as a vacation residence without having to rent it. However, she was now in a position where she needed extra revenue from that house during the time she was not utilizing it. MS. CAROLE BENFORD stated she lived on Tennessee Avenue, which was not far from the subject home. She personally didn't know of any problems there, but there are a number of houses that are available for rent in the area and a number of absentee owners that might want to rent. She would be concerned that a CUP was granted every time someone had a financial difficulty, because she could lose the residential bedroom community. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 MS. MARIE SCHMIDT stated she was a member of the Palm Desert Planning Commission and noted the Commission deliberated on this extensively and arrived to the conclusion that it was establishing a somewhat dangerous precedent in a residential area knowing full well that there are short-term rentals in and about the area that are not permitted. It seemed dangerous to the Commission to extend a CUP that ran with the property and not with the present owner. It was somewhat surprising to her that staff would recommend reversing the Planning Commission's decision, which she thought was not a good idea. She hoped the Council would uphold the Planning Commission's decision. With no further testimony offered, Mayor Spiegel declared the public hearing closed. Mayor Pro Tem Finerty said she felt the integrity of the residential neighborhoods needed to be preserved, and short-term leases were not compatible with keeping them that way. Residential neighborhoods are not meant to be hotels or timeshare, and in a sense, that's exactly what Council would be allowing, which was a slippery slope. She too was surprised that staff recommended overturning the Planning Commission decision when it was a 4-1 vote. Mayor Pro Tem Finerty moved to, by Minute Motion, direct staff to prepare a Resolution of Denial for presentation at the next City Council Meeting. Councilmember Benson agreed with Mayor Pro Tem Finerty, stating she sympathized with those affected by the economic downturn but everyone was affected. The City couldn't solve everyone's woes because they couldn't make their house payment that they shouldn't have owned in the first place, which was not the City's problem. She said if the Council allowed it in this neighborhood, Palm Desert County Club, pretty soon it will spring up in other places. The City had a bunch of rentals and second homes that the City will eventually catch up to. Many modified their homes, and they are probably sitting on pins and needles wondering when the City will get to them. She said there was a lot the Council didn't know, and to go ahead and approve this request would only encourage more to rent out their homes on a short-term basis. She said short/term rentals destroyed neighborhoods. She said the City had plenty of hotels and not all were expensive anymore. Councilmember Benson seconded the motion. Mayor Pro Tem Finerty stated that in these issues, it would be a good idea for staff, especially in a 4-1 vote, to provide the Council with an option for denial, instead of assuming the Council will go along with staff's recommendation. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 Mayor Pro Tem Spiegel had the same concern as Councilmember Benson that a lot of homes were being rented on a two-, three-day, two-, three-week basis without permission, and he didn't know how to put a stop to it. Mayor Spiegel called for the vote, and the motion carried on a 3-0 vote, with Ferguson and Kelly ABSENT. B. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT UPDATING AND REVISING PALM DESERT MUNICIPAL CODE SECTION 25.68 - SIGNS Case No. ZOA 09-104 (City of Palm Desert, Applicant). Principal Planner Tony Bagato stated the request was for approval to update the Sign Ordinance, Chapter 25.68. Some of the reasons for the update were that the Ordinance was originally adopted in 1975, and there have been piecemeal updates since then, which led to an inconsistent document of the Palm Desert Municipal Code. In 2007, a Signage Subcommittee comprised of staff and business community members was formed to address the outdated standards. The Committee addressed some of the wording that was lengthy and unclear. Real estate signs were the first issue that came up in 2007 from the business community, because the standards were outdated and too restrictive. Staff also had problems with signs facing the freeway. He said from a real estate standpoint, the issue was that many of the commercial Realtors were held to twelve -square feet if the building had more than 200 lineal feet of frontage. However, the smaller buildings on Fred Waring were held to a three -square foot sign. Mr. Dick Baxley spoke on behalf of many commercial Realtors in front of City Council, and he stated that the current standards were outdated and too restrictive. The subcommittee went out and looked at some of the signs that were causing staff concern, like the ones that were showing up much larger, and also the ones with "riders," which are the add -on pop outs outside of the sign area. He said this type of sign intends to draw attention to the site. He displayed a few samples with up to three "riders" for Council to view, stating that due to the downturn in the economy many more signs were appearing, which was creating clutter. The Subcommittee came up with a standard of a one two-sided sign per frontage, which was the same today. However, the Subcommittee was looking at increasing the size from a three -square foot to a maximum of a six -square foot sign, no matter how much of a frontage there was in front of the building. He said the maximum was six -square feet, which was the same standard today. He said no riders would be allowed outside the 16-square foot radius, and a "rider" could still be used, but it had to be within the main square and not be sticking out. He said signs could not be illuminated, which was the same standard today. Freeway signs came up when the City reviewed an Architectural Review case where a multi tenant business owner asked for his sign to be located higher in the building for advertising. The ARC denied that request and instead recommended that 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 the signage be next to the roll -up doors, which was later appealed, and again denied by the City Council. However, the Applicant was invited to be part of the Signage Subcommittee to help the City come up with new standards facing the freeway, because previously there was no standard for illuminated signs. He displayed signs with/without illumination, i.e. Costco, Closet Tailors, Kelly Paper Store, and Desert Gateway. Taking all the samples into consideration, staff came up with a proposal of a 12-inch high lettering with clean font style. However, after going through the Signage Subcommittee and after the initial discussions and approval of staffs recommendation, commercial brokers still felt it was too restrictive. He said they preferred to have larger and illuminated signs. Staff went to the Planning Commission and it agreed that 16-inch high lettering can be the maximum allowed, depending on the length of the name. Staff changed its recommendation to a 16-inch high lettering from a 12-inch high lettering. However, it was still recommending non -illuminated signs to address City Council's concern from previous meetings. He noted the business community was still seeking some type of illumination. Councilmember Benson asked if all the signs had to be the same. Mr. Bagato responded that the sign had to be the same size, but not necessarily the same font. Mayor Pro Tem Finerty stated the Subcommittee had indicated that the signs had to be a specific font, and she didn't know where it got changed to a clear concise font. She asked if a picture was available of what was presented to the Planning Commission on the 12-inch versus the 16-inch lettering. Mr. Bagato showed a copy with a boxed area to indicate the size. Mayor Pro Tem Finerty stated she would like to see a sample with a 16-inch high lettering. Councilmember Benson stated she would like to see the same print on the back of the buildings. Mr. Bagato stated it was discussed in the Subcommittee, and the trouble with identifying a clear font by Code was problematic because of copyright codes, especially with trademarks, and fonts' changed all the time. The City required that multi tenant businesses provide a sign program in this new Code. If there are more than three tenants, the new Ordinance will be a tool for staff because they can review the actual sign program for each business/property owner, and they will need to identify the font type for that building. Again, it would be problematic by Code if it's identified by type, because if the type changed, the Code would have to be changed. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 Mayor Pro Tem Finerty responded the Code would then have to be changed, because the Committee spent a lot of meetings looking at different fonts and signs, and it was clear about the font. Councilmember Benson agreed, stating she wants to make sure the font was in the Ordinance, so that the City didn't end up with some squirrelly ones and others with block letters. Mr. Bagato said the Ordinance states the Applicant needs to be clear and not use a high -contrast font type. Staff could work with the wording that properly identifies what the City Council was looking for and work with the Applicant without specifying a certain font type. Further responding about the lighting, he said staff was proposing non -illuminated signs. Mayor Spiegel commented that almost everything was illuminated at night. Mr. Bagato agreed, stating there was a concern that past signage was leading to an unpleasant look along the freeway. Mayor Spiegel stated he thought the lack of maintenance of the freeway with regard to shrubbery was more unpleasant. Mayor Spiegel declared the public hearing open and invited anyone who wished to come forward to speak on the subject to do so at this time. No testimony was offered. Mayor Pro Tem Finerty suggested continuing this item because she needed to see a picture of the 12-inch high lettering versus the 16-inch high. She asked for staff to provide a demonstration of both fonts using the "Closet Taylor" signage as a sample. In addition, the Planning Commission voted to not have "Creative Signs" on a 4-1 vote, but staff again decided to recommend them anyway. She said the Subcommittee was very clear on not wanting creative signs because the City would then look like a circus, yet staff recommended creative signs, which could be 20% larger despite an increase in size from 3x4 to 4x4. She requested a continuance until the Council received a different staff report and a sample of the actual letters of the font size. Mayor Pro Tem Finerty moved to, by Minute Motion, to continue this item to the meeting of August 27, 2009. Motion was seconded by Ferguson. Mayor Spiegel stated he would like to revisit the lighting of the signs along the freeway, because obviously at night one wouldn't know what's there if not illuminated. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 Mayor Spiegel called for the vote, and the motion carried by a 4-0 vote, with Kelly ABSENT. C. REQUEST FOR APPROVAL OF AMENDMENTS TO THE CITY OF PALM DESERT ENERGY INDEPENDENCE PROGRAM (EIP) ADMINISTRATIVE GUIDELINES. Mr. Conlon noted the staff report and outlined the following five items staff recommended to be changed: 1) A Consent Agreement was required on all loans $30,000 and higher. The bank or the holder of the first or second trustees has to sign a Consent Agreement as a condition of the loan; 2) The maximum EIP contractual loan not to exceed $100,000, which will allow the City to serve more people with its variable loan funds; 3) The solar CSI rebates, SGIP, and Set to Save rebates can be deducted from the amount of the loan. The homeowner/property owner had the option of receiving the rebate themselves in cash or assign the rebate to the contractor. The contractor can then provide a lower bid, and the City can in turn fund the lower bid. The purpose of this is to serve more people with EIP loans; 4) Fifty percent of EIP funds will be set aside for energy efficiency improvements; 5) EIP applicant will be responsible for paying the title report and title insurance package; current fee is $360. He offered to answer questions. Councilman Ferguson said typically rebates were rewards for doing the right thing and not mandatory buy -downs on loans for having done the right thing. He also understood it took four to six months after the loan was executed before rebates were received, so he didn't understand the logic behind recommendation No. 3. Mr. Conlon responded the logic was simple, because the City had 290 people on its interest list for the next round of EIP funding. He said the program will have $2.5 million available for EIP loans, but it will not be enough to serve the people who are interested. The purpose of the rebate is to give the property owner the flexibility to receive the rebate themselves, so that if they wanted to buy down the loan, they could. Another option would be to assign the rebate to the contractor, thereby funding a lower amount. He said there was only so much EIP money to go around, and the City needed to serve as many energy efficiency loans as possible. Councilman Ferguson asked if it was not Mr. Conlon's intention to seek additional EIP funds. Mr. Conlon stated the City needed to seek more funds, because the next round of EIP funds would be limited. Further responding, he said the next item on the agenda was a request for an additional $5 million for EIP loans, 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 and out of that $5 million, $2.5 million would be returned to the City, and $2.5 will be available for EIP loans, but the City had 290 people on the waiting list. Councilman Ferguson stated the City had another lender waiting to lend the City $2.5 million. Mr. Conlon said the program could use $30 million in loans, but with regard to the rebates, the program currently required the property owner to assign its CSI rebate to the solar contractor with the City lending money on the lower solar contract. Staff proposed to do the same with the Set to Save rebates. Councilman Ferguson said it irritated him to hear people say the program was out of funds, when he knew for a fact it wasn't. He said the funding may be stalled by Southern California Edison, but it was not out of money. In his opinion, he didn't think people should be told the program was out of money. Mr. Conlon agreed, stating the program was not out of rebate and incentive funds. His point was that the program had a limited amount of funds to lend, and the proposed recommendations would help those funds go further. 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, the public hearing was closed. Mayor Pro Tem Finerty stated she had mixed emotion, because she wanted to incentivize by allowing people to get back their rebate and also make the EIP money go further for more people to enjoy, which was quite a quandary. Councilman Ferguson stated he would move approval with the exception of item No. 3, and instead leave it as is. Mayor Pro Tem Finerty asked how much money was involved. Mr. Conlon responded there was $5 million total, $2.5 million would be returned to the City to repay the General Fund and $2.5 would be available for EIP loans. Further responding, he said a CSI rebate for a solar system was the largest rebate, which could be between $12,000 and $18,000. Currently, the solar contractors are assigned that rebate, and they deduct the rebate amount off the cost of the solar system, and in turn the City funds a lower bid for the solar system. Staff proposed to do the same with the Set to Save, but they are smaller rebates; an air-conditioning system can have a rebate of $1,000 to $2,000. He said the homeowner would have the option of assigning that rebate to the contractor, if the contractor wanted to do the paperwork, or the homeowner can apply and get the rebate. He said the property owner was not being told they would not get a rebate. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 Councilmember Benson suggested trying it out for six months to see if it was worthwhile. Mayor Pro Tem Finerty suggested a caveat that if a property owner received a rebate of $12,000 to $18,000 that they purchase a new air-conditioning unit or install energy efficiency appliances. Mr. Conlon responded the property owner could do whatever they wanted with their rebate, but as to the caveat, he diverted that question to the City Attorney. Mr. Erwin said he didn't think that could be done. Councilman Ferguson moved to, waive further reading and adopt Resolution No. 09-52, approving amendments to the Energy Independence Program Report and Administrative Guidelines prepared pursuant to Section 5898.22 of the California Streets and Highways Code, with the Guideline amended to eliminate the requirement that Solar CSI, SGIP, and any applicable Set to Save Rebates be deducted from the contractual assessment amounts on a six-month trial basis. Mr. Conlon suggested a friendly amendment to continue to require the CSI rebate, which was the larger rebate, to be assigned to the contractor. Councilman Ferguson stated the State didn't make that requirement, so why would the City do that. Mayor Pro Tem Finerty stated the City would still be helping the funds go further to serve more people because the funds would be split 50/50. Mr. Conlon stated that staff proposed that the available funding for whatever phase of the EIP loans the program was in, that 50% of available funds be set aside for energy efficiency. In phases I and II, staff found that more than 70% of the EIP funds went to solar because of how expensive it is. The only criticism about the program is that people need air conditioning. Responding to question about the rebates, he said the policy in place for phase II was that the solar loans had the CSI rebate amount deducted from them, and staff proposed to include the Set to Save rebate with the same requirement. However, if Council wished to do otherwise and fund the full amount of the contract and not deduct for any incentive, so be it. Mayor Pro Tem Finerty seconded the motion and it carried by a 4-0 vote, with Kelly ABSENT. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 D. CONSIDERATION OF THE AUTHORIZATION OF ISSUANCE OF THE PALM DESERT FINANCING AUTHORITY'S ENERGY INDEPENDENCE PROGRAM, VARIABLE RATE DEMAND LEASE REVENUE BONDS, SERIES 2009 (FEDERALLY TAXABLE), AND APPROVAL OF RELATED DOCUMENTS (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY). Mr. Gibson stated the Council requested this item go out to bid on a Request for Proposal. A committee of nine members reviewed the bids, and the recommendation of that committee was Wells Fargo. All the related documents are presented for Council to move ahead, and if approved, July 23`d would be the date for the bonds to be issued. Responding to question, he confirmed the Audit, Investment and Finance Committee reviewed this item and approved it unanimously. Mayor/President Spiegel declared the public hearing open and invited anyone wishing to address the City Council/Authority Board on this matter to come forward at this time. With no public testimony offered, the public hearing was closed. Mayor Pro Tem/Vice President Finerty moved to waive further reading and adopt: 1) Financing Authority Resolution No. FA-63, authorizing the issuance, sale, and delivery of the Authority's Energy Independence Program, Variable Rate Demand Lease Revenue Bonds, Series 2009 (Federally Taxable); approving as to form and authorizing the execution and delivery of certain documents in connection therewith; and authorizing certain other matters relating thereto; 2) City Council Resolution No. 09-53, making a finding of significant public benefit, approving as to form and authorizing the execution and delivery of certain documents in connection with the sale and issuance of the Palm Desert Financing Authority's Energy Independence Program, Variable Rate Demand Lease Revenue Bonds, Series 2009 (Federally Taxable), and authorizing certain other matters relating thereto. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 E. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 2009-2010 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Mr. Wohlmuth stated that after several study sessions, the attached proposed budget was a balanced budget presented to Council/Agency for approval. Mayor/Chairman Spiegel declared the public hearing open and invited anyone wishing to address the City Council on the proposed Financial Plan to come forward at this time. With no public testimony offered, the public hearing was closed. Mayor Pro Tem/Vice Chairman Finerty stated that in this economy the Council would be approving a little bit better than a balanced budget and appreciated everyone's hard work in those study sessions. She thought it was important to adopt this budget because it will secure the stability of the City's fiscal position. Mayor Pro Tem/Vice Chairman Finerty moved to waive further reading and adopt: 1) City Council Resolution No. 09-54, adopting a City Program and Financial Plan for the Fiscal Year July 1, 2009, through June 30, 2010; 2) Waive further reading and adopt City Council Resolution No. 09-55, establishing the Appropriations Limit for FY 2009-2010; 3) Waive further reading and adopt Redevelopment Agency Resolution No. 560, adopting a Redevelopment Agency Program and Financial Plan for the Fiscal Year July 1, 2009, through June 30, 2010; 4) Waive further reading and adopt Housing Authority Resolution No. HA-40, adopting a Housing Authority Program and Financial Plan for the Fiscal Year July 1, 2009, through June 30, 2010; 5) Waive further reading and adopt City Council Resolution No. 09-56, setting the Salary Schedule, Salary Ranges, and Allocated Classifications for FY 2009-2010; 6) By Minute Motion, approve the Out -of -State Travel as listed in the accompanying staff report. Motion was seconded by Benson and carried by a 4-0 vote, with Kelly ABSENT. Councilmember/Member Benson noted City Manager John Wohlmuth came to the City at a precarious time and did an admiral job of cutting down the budget and congratulated staff for working with him. She said the public needed to know that none of the necessary services were cut and will continue as usual. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 XVIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Wohlmuth extended sincere appreciation to the Finance Department and City Department Heads, who were largely responsible for developing and presenting the City's balanced Budget for FY 2009-2010. B. CITY ATTORNEY None C. CITY CLERK 1. Reauest for Desianation of Voting Delegates and Alternate(s) for the League of California Cities Annual Conference, September 16-18, 2009, San Jose. Mayor Pro Tem Finerty nominated Mayor Spiegel. Mayor Spiegel agreed to be the delegate, because he was the only Councilmember attending the conference. With City Council concurrence, appointed Mayor Spiegel as the City's voting delegate at the 2009 League of California Cities Annual Conference, San Jose, September 16-18. D. PUBLIC SAFETY o Fire Department On behalf of the Palm Desert Fire Department, Chief Brooker reminded all to have a safe and enjoyable Independence Day Holiday on July 4, particularly with the City's public fireworks display that evening. He also reminded everyone that personal fireworks were prohibited in Palm Desert, even if they were purchased elsewhere legally. Mayor Spiegel added that the City's celebration begins at 7:15 p.m. in Civic Center Park with entertainment, followed by the fireworks, and everyone was welcome. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 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 o City Council Comments: None XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 5:28 p.m. ATTEST: RA ELLE D. KLASSEK CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 ROBERT A. SPIEL, M4YCC,R 27