HomeMy WebLinkAbout2009-09-24MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 24, 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:
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
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
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
Dorian Cooley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
MR. BOB OKREN, Virginia Avenue, Palm Desert, addressed the City Council
regarding continued deterioration of conditions at Palm Desert Country Club since
its bankruptcy and closure. He implored the City Council to take all necessary steps
to remedy the situation, particularly the upkeep of property that was critical to all
residents there, citing Chapters 8.20 and 8.70 of the Palm Desert Municipal Code
as a means of enforcing proper maintenance of the area. He indicated that he
would be filing a Public Records Act Request to obtain copies of the logs and
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009
related materials that City staff was obtaining during its weekly inspections of
Palm Desert Country Club.
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 43-825 Portola Avenue, Palm Desert (APN 622-200-057)
Negotiating Parties:
Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Option One Mortgage Loan
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) PDCC Development LLC, Petition for Bankruptcy, United States
Bankruptcy Court, Central District of California
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Upon a motion by Ferguson, second by Finerty, and 5-0 vote of the City Council,
Mayor Spiegel adjourned the meeting to Closed Session at 3:09 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
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE
UNITED STATES OF AMERICA - Mayor Robert A. Spiegel
VII. INVOCATION - Councilmember Jean M. Benson
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VIII. ORAL COMMUNICATIONS - B
MR. ERIK LARSEN, Palm Desert, requested the City Council take action to ban all
two-stroke leaf blowers in the City as a public health issue for residents and visitors
alike.
Mayor Spiegel asked Mr. Larsen to leave his contact information with City
Landscape Manager Spencer Knight for further investigation into his request.
MR. DOUGLAS GALLOWAY, Palm Desert, felt very strongly about and encouraged
the City Council to incorporate interactive features for youth (slides, water spouts,
etc.) as it considers design of a new aquatic center for the City. As a longtime
coach and active participant in youth sports, he felt such features would make the
center more family friendly, be a benefit for full-time residents, and an attraction for
visitors to Palm Desert; whereas, an Olympic -sized swimming pool would not be
enough of an attraction for the majority of people.
MR. MIGUEL VIENES (sp?), representing Rosalio Plata and the Club Michoacano
Purepecha, presented letters of appreciation to the City Council for its support of the
Cultural Event at Civic Center Park on Friday, September 18.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE SUSAN MCMILLEN FOR HER
SERVICE TO THE CITY OF PALM DESERT AND ITS CITIZENS'
ADVISORY COMMITTEE FOR PROJECT AREA NO. 4.
On behalf of the City Council, Mayor Spiegel presented an engraved crystal
clock to Ms. McMillen in appreciation for the time and input she provided to
the Project Area No. 4 Committee during her four-year term.
B. PRESENTATION OF PROCLAMATION DECLARING THAT THE CITY OF
PALM DESERT'S NEW AFFORDABLE SENIOR HOUSING
DEVELOPMENT FORMALLY BE NAMED "CARLOS ORTEGA VILLAS."
On behalf of the City Council, Mayor Spiegel presented the framed
proclamation to Mrs. Rose Mary Ortega in honor of her late husband and
former City Manager, Carlos Ortega, noting his foresight and leadership were
instrumental in Palm Desert's successful Housing Programs.
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C. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF
OCTOBER 4-10, 2009, AS "FIRE PREVENTION WEEK" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Spiegel presented the proclamation to
Battalion Chief Bill Hunley and noted that Fire Prevention was a very
important issue in the City of Palm Desert.
D. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 2009 AS
"FIRE PREVENTION AND MINI -MUSTER MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Spiegel presented the proclamation to
Mini -Muster Coordinator John Marman and related the City's great
enthusiasm for the 17-year-old Program with its outreach of Fire Safety and
Prevention.
MR. MARMAN added that the Annual Mini -Muster Program was sponsored
by the Historical Society of Palm Desert, which founded the Program that
has now reached nearly 10,000 Palm Desert Third Grade students. Further,
he extended -appreciation for support from the Riverside County _ Fire
Department and the City in this annual event.
E. PRESENTATION TO THE CITY COUNCIL BY THE RIVERSIDE COUNTY
MULTI -AGENCY "S.A.F.E." (SEXUAL ASSAULT FELONY ENFORCEMENT)
TASK FORCE.
Representatives Ron Garcia of the District Attorney's Office and Sgt.
Lori Marquette of the Riverside County Sheriffs Department made a
presentation to introduce and raise awareness about the S.A.F.E. Task
Force in the County, specifically its outreach in Palm Desert, with a
dedicated team for the Eastern Region of the County located at the
Palm Desert Sheriffs Station under Sgt. Armando Munoz. Mr. Garcia said
the 40 members of the Task Force that was initiated in October 2006 come
from the Sheriffs Department, Probation, Corrections, State Corrections,
Corona and Banning Police Departments, and it monitors all the "290" sex
registrants (convicted of a sex crime) throughout Riverside County. As of
May 2009, the Eastern Region Team has approximately 527 registrants; and
of the 36 registrants in Palm Desert, all were in compliance. The Task Force
provides Internet Safety Presentations for schools, churches, and service
groups, and it also appears at various public regional events to provide
information and educate families on how to use the Megan's Law website.
Sgt. Marquette said that as a result of Megan's Law, the public can have
access to the Internet to find out if there are any registered sex offenders
within one's area and where they reside. She noted it was a lifetime
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registration for an offender, with changes in jurisdiction, number of
residences, and those with transient status all having to report within specific
time frames, providing a good tracking system for the public and for law
enforcement. She acknowledged Megan Kanka, for whom the law was
named that allows public Internet access to information on sex offenders.
Brochures about the Program, its website with various links, including
Megan's Law were provided to the City Council and in the Chamber foyer for
anyone interested in learning more. The Task Force includes a specialized
unit, the SPIDER Team (Sexual Predator Internet Decoy Enforcement in
Riverside), that performs online investigations and has resources to find out
who could be downloading illegal images of child pornography as well.
F. APPOINTMENT OF THE CITY'S PRIMARY REPRESENTATIVE AND
ALTERNATE TO SERVE ON THE SANTA ROSA AND SAN JACINTO
MOUNTAINS NATIONAL MONUMENT ADVISORY COMMITTEE (MAC).
Mayor Pro Tem Finerty moved to, by Minute Motion, nominate Councilman Jim
Ferguson as the City of Palm Desert's primary representative and Buford Crites as the
alternate to serve on the Santa Rosa and San Jacinto Mountains National Monument
Advisory Committee (MAC), effective December 16, 2008 - December 16, 2011. Motion
was seconded by Benson and carried by a 5-0 vote.
Councilman Kelly stated he voted yes because he felt the City would be well
represented, but he felt the Council was stepping out of its normal policy
when appointing someone not on the City Council. The policy would be to
advertise for the position and provide others the opportunity; even though
Mr. Crites was probably the most qualified. However, his point was that
Council was going outside its policy again, which he had previously
mentioned.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 10, 2009.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 65, 66, 70, and 71.
Rec: Approve as presented.
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C. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Parks & Recreation Commission Meeting of July 21, 2009.
2. Public Safety Commission Meeting of June 10, 2009.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by
Guadalajara Cafe, 74-478 Highway 111, #C, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Tres Palmas
Bed & Breakfast, 73-135 Tumbleweed Lane, Palm Desert.
Rec: Receive and file.
F. REQUEST FOR AUTHORIZATION to Streamline the Use of Vendors for
Park Maintenance Services and Supplies by Granting Exception to the
Bidding Requirements, and Approving the Vendors and Qualified Service
Providers List — Fiscal Year 2009-2010.
Rec: By Minute Motion: 1) Grant an exception to the bidding requirements
as provided for by Section 3.32.090 of the Palm Desert Municipal
Code for FY 2009-2010 for Park Maintenance Services; 2) approve
the list of Park Maintenance Services Vendors and Qualified Service
Providers for FY 2009-2010.
G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C28910— Eldorado Median Landscape Renovation (Project No. 942-08).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$5,500 to the subject contract with Candyl Golf Group, Inc.,
La Quinta, California; 2) authorize the transfer of said funds from
contingency to base for the project — Capital Project Reserve Funds
are available in Account No. 400-4614-433-4001.
H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28030 —
Country Club Drive Pavement Rehabilitation Project (Project No. 619-08)
(Vance Corporation, Rialto, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
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I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28390 —
2008 Citywide Overlay Project (Project No. 752-08) (Palm Canyon
Contractors, Inc., Yucaipa, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28890 - Civic
Center Parking Lot Rehabilitation (Project No. 750-09) (Dateland
Construction Company, Inc., Indio, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
K. REQUEST FOR AUTHORIZATION to Accept Proposed Law Enforcement
Responsibilities Memorandum of Understanding Agreements Between the
City of Palm Desert, County of Riverside and California State University,
San Bernardino, University of California, Riverside, and College of the Desert
(Contract Nos. C29230A-C).
Rec: By Minute Motion, approve a Law Enforcement Responsibilities
Memorandum of Understanding (MOU) Between the City of
Palm Desert, County of Riverside, and, respectively: 1) California
State University, San Bernardino; 2) University of California,
Riverside; 3) College of the Desert.
L. REQUEST FOR AUTHORIZATION to Expend CaICOPS Funds for Various
Police Department Training Courses.
Rec: By Minute Motion: 1) Approve a recommendation to expend CaICOPS
Funds for various training courses, as listed on the accompanying
staff report; 2) ratify the City Manager's approval for Palm Desert
Police Department Officers to attend three distinct training events,
valued at $1,946, to be expended from CaICOPS Funding;
3) appropriate $2,860 from CaICOPS Funding, Account
No. 229-4210-422-3914, to be used for six distinct training events.
M. REQUEST FOR AUTHORIZATION to Expend CaICOPS Funds for Crime
Free Multi -housing Software from Dynamic Design Crime Free Software.
Rec: By Minute Motion: 1) Approve a recommendation to expend CaICOPS
Funds for Crime Free Multi -housing Software from Dynamic Design
Crime Free Software; 2) appropriate $1,390 from CaICOPS Funding,
Account No. 229-4210-422-3914, to purchase Crime Free Multi -
housing Software from Dynamic Design Crime Free Software.
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N. REQUEST FOR AUTHORIZATION to Accept United States Department of
Justice BJA (Bureau of Justice Assistance) FY 2009 Justice Assistance
Grant Program (Award #2009-DJ-BX-1348) in the Amount of $15,654.
Rec: By Minute Motion: 1) Approve a recommendation to accept U. S.
Department of Justice BJA Fiscal Year 2009 Justice Assistance
Grant Program (Award #2009-DJ-BX-1348) in the amount of $15,654;
2) ratify the City Manager's execution of any prior or future grant
documents associated with the U. S. Department of Justice BJA
Fiscal Year 2009 Justice Assistance Grant Program (Award #2009-
DJ-BX-1348).
O. REQUEST FOR AUTHORIZATION for Staff to Close El Paseo Between
Portola Avenue and Highway 74 on Sunday, October 25, 2009, for the
Annual Golf Cart Parade.
Rec: By Minute Motion, authorize staff to close El Paseo on October 25,
2009, between Portola Avenue and Highway 74 for the Annual Golf
Cart Parade.
Upon a motion by Finerty, second by Ferguson, and 5-0 vote of the City Council, the
Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
A. RESOLUTION NO. 09-69 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING
PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT
CERTIFICATE (MCC) PROGRAM.
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 09-69. Motion was seconded by Finerty.
Mayor Spiegel stated he would like to know more about what the program
was about.
Ms. Moore stated the program was administered by the County. The County
submits an application to the State every year in the event that it spend its
allocation. If the County hadn't spent its allocation, it would have to wait
until the following year to apply. She said the Mortgage Credit Certificate
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(MCC) Program gives home buyers an actual tax credit toward their tax
liability, which can provide the taxpayer more money as additional funding to
pay a higher mortgage. A higher mortgage gives the homeowner an
opportunity to buy a home that might have been out of their reach. She said
this was a State -funded program where the transaction didn't involve actual
money but rather a tax credit.
Councilman Kelly stated he planned to vote in favor because he was a
strong believer in helping people buy a home. In fact, he worked with City
Manager John Wohlmuth several years ago when he was Executive Director
of Coachella Valley Association of Governments (CVAG) by trying to put
together a program to assist first-time home buyers, but they were highly
criticized for helping people get into houses they couldn't afford. He hoped
staff was being careful to not place people into a house they couldn't afford.
Ms. Moore responded a criteria was in place with respect to what a maximum
mortgage payment could be, and with the added benefit of the tax liability
reduction, the maximum would still only be 30%.
Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1195 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 10.25 -
PALM DESERT VEHICLE IMPOUND PROGRAM - SECTIONS 10.25.010,
10.25.020,10.25.030, AND 10.25.040 TO THE PALM DESERT MUNICIPAL
CODE.
Councilman Kelly moved to waive further reading and adopt Ordinance No. 1195.
Motion was seconded by Finerty and carried by a 5-0 vote.
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF THE ADDITION OF CHAPTER 9.26 -
UNLAWFUL CAMPING - TO THE PALM DESERT MUNICIPAL CODE.
Ms. Aylaian noted the staff report and offered to answer questions. She
requested one sentence be added to the Ordinance under Chapter 9.26.040
Exceptions. That sentence will read: B) This Chapter shall not apply to
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events for which a Temporary Use Permit has been approved and issued by
the City.
Mayor Spiegel asked if the Palm Desert Municipal Code already addressed
camping issues.
Ms. Aylaian responded it did, but it was in bits and pieces scattered
throughout other Ordinances, and the addition of this chapter would have
camping issues in one area.
Councilman Ferguson asked how this Ordinance addressed the issue of
motor homes.
Ms. Aylaian stated the Ordinance prohibited sleeping in a motor home if
parked in public areas.
Councilman Ferguson stated that under the California Vehicle Code, one can
park a motor home on the street for 72 hours. He asked if the Ordinance
applied to those who were just visiting friends and wanted to stay in their
motor home.
Ms. Aylaian answered yes.
Councilman Kelly said he's owned a motor home for 20 years, and in his
travels he's parked in a shopping center at 1:00 a.m. or parked next to a
restaurant overnight and continued his travel in the morning. He wondered
if he would get a ticket for doing that in Palm Desert.
Ms. Aylaian responded staff had problems in the past with people camping
in their trucks or vehicles in parking lots of private businesses, especially
along the commercial corridor along Highway 111. She said it was an issue
staff wanted to address.
Councilman Ferguson stated that if vehicles are parked on private property,
property owners had a remedy called trespassing, and Police can be called
to have them removed. It will then be up to law enforcement to determine if
the vehicle had been parked longer than three days, but for the majority of
people that are visiting friends and passing through to Scottsdale or other
parts of Southern California, prohibiting them from sleeping in their own
motor home seemed harsh. He asked staff to consider drafting an exception
for legitimate motor home use.
Ms. Aylaian agreed to address that issue and include an exception for the
second reading of the Ordinance.
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Councilman Ferguson moved to, waive further reading and pass Ordinance
No. 1197 to second reading, adding Chapter 9.26 - Unlawful Camping - to the Palm Desert
Municipal Code as amended to reflect: 1) Add to Section 9.26.040 Exceptions B - This
Chapter shall not apply to events for which a Temporary Use Permit has been approved
and issued by the City; 2) include an exception for legitimate motor home use. Motion was
seconded by Finerty and carried by a 5-0 vote. (No action was taken on Ordinance
No. 1196)
B. REQUEST FOR RATIFICATION OF CITY MANAGER'S ACCEPTANCE OF
COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R)
FUNDS IN THE AMOUNT OF $92,992.
Mayor Pro Tem Finerty moved to, by Minute Motion, ratify City Manager approval
to accept Community Development Block Grant Recovery (CDBG-R) funds in the amount
of $92,992. Motion was seconded by Benson and carried by a 5-0 vote.
C. REQUEST FOR APPROVAL OF THE CIVIC CENTER PARKWAY TURF
RETROFIT PROJECT AND AUTHORIZE STAFF TO PROCEED WITH
BIDDING PROCESS (CONTRACT NO. C29240).
Responding to questions about the project, Landscape Manager Spencer
Knight said the contract was to replace existing turf in the Civic Center
parkway areas along San Pablo and Fred Waring with desert landscaping to
get the nuisance water off the street. Further responding, he said the turf
area in front of the sculpture would remain turf, and the project did not
include the turf adjacent to the skate park.
Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Approve the Civic Center
Parkway Turf Retrofit Project; 2) authorize staff to proceed with the bidding process for
same - Capital Project Reserve Funds are available in Account No. 400-4614-433-4001.
Motion was seconded by Ferguson and carried by a 5-0 vote.
D. REQUEST FOR AUTHORIZATION TO ACCEPT UNITED STATES
DEPARTMENT OF JUSTICE BJA (BUREAU OF JUSTICE ASSISTANCE)
FISCAL YEAR 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT PROGRAM LOCAL SOLICITATION
(AWARD #2009-SB-B9-0954) IN THE AMOUNT OF $64,344.
Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Approve a recommendation
to accept U. S. Department of Justice BJA Fiscal Year 2009 Recovery Act Edward Byrne
Memorial Justice Assistance Grant Program Local Solicitation (Award #2009-SB-B9-0954)
in the amount of $64,344; 2) ratify City Manager's execution of any prior or future grant
documents associated with the U. S. Department of Justice BJA Fiscal Year 2009
Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation
(Award #2009-SB-B9-0954). Motion was seconded by Ferguson.
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Councilman Ferguson asked if the Department was able to actually fund a
city-wide VICE Crimes Suppression Program with $15,000.
Lt. Shouse stated the program had to be supplemented with overtime, so the
funds would supplement the existing straight time.
Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote.
E. REQUEST FOR AUTHORIZATION TO ACCEPT OFFICE OF TRAFFIC
SAFETY (OTS) DUI ENFORCEMENT AND AWARENESS PROGRAM
GRANT (GRANT #AL 1094) FOR FISCAL YEAR 2009-2010 IN THE
AMOUNT OF $163,167.
Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Approve a recommendation
to accept Office of Traffic Safety (OTS) DUI Enforcement and Awareness Program Grant
(Grant #AL 1094) for FY 2009-2010 in the amount of $163,167; 2) ratify the City Manager's
execution of any prior or future grant documents associated with the OTS DUI
Enforcement and Awareness Program Grant (Grant #AL 1094) for FY 2009-2010. Motion
was seconded by Ferguson.
Mayor Spiegel pointed out this was additional monies to the City and all the
work will be done by staff who requested the funding through block grants,
etc. Funding was in addition to the City's regular budget, which helped run
services.
Ms. Klassen announced the motion carried on a 5-0 vote.
XV. CONTINUED BUSINESS
A. REQUEST FOR AUTHORIZATION TO PURCHASE REPLACEMENT
CHINA AND FLATWARE FOR THE DESERT WILLOW RESORT
(Continued from the meetings of June 25, August 27, and September 10,
2009).
Redevelopment Manager Martin Alvarez stated that on September 14, 2009,
the City went out to bid for the china and flatware replacement for Desert
Willow. A few bids were received and the combined total was $156,943.42;
the original estimate was $184,000. If approved, staff will also be requesting
an appropriation of $104,944 from Fund 241 and authorization to keep a
surplus of the old china. Responding to question, he said no funds would
come out of the General Fund because monies were set aside in Fund 241,
and Council had previously appropriated $52,000 from the same fund.
Mayor Pro Tem Finerty asked if a reserve would be set aside for when a
china replacement was needed again in ten years.
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Mr. Alvarez answered yes. He said staff will work on the budget process to
set aside funds every year for such reserve.
Mayor Spiegel stated that in talking to a local restaurateur, he learned that
a china company could go out of business and replacements would be
difficult to obtain. He asked if that was a possibility with the proposed china.
MR. RICK MOGENSEN, General Manager for Desert Willow, stated it was
exactly the situation Desert Willow faced, in that several of the pieces from
the original purchase ten years ago were no longer available. He said as
china patterns evolved over time, certain patterns went out of stock; the
same happens with the residential china market. Further responding, he
said Royal Doulton was a reputable company that's been around for more
than a century.
Councilmember Benson requested the old china be donated to the
Homeless Resource Center. Mr. Alvarez agreed to make the
accommodation.
Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Authorize purchase of
replacement_chinaand flatware for the _Desert Willow Resort in an amount not to exceed
$156,943.42; 2) surplus the majority of the existing china, authorizing staff to donate it to
a non-profit organization, and retain a small portion for back-up; 3) appropriate an
additional $104,944 from the Unobligated Golf Maintenance Fund 241 to Account
No. 241-4195-495-4040 for this purpose ($52,000 previously appropriated), with added
direction that staff donate the surplus stock to the Homeless Resource Center. Motion was
seconded by Benson and carried by a 5-0 vote.
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF THE CIVIC CENTER SITE AND
CONCEPTUAL DESIGN FOR AN AQUATIC CENTER IN THE CITY OF
PALM DESERT.
Parks and Recreation Manager Janis Steele stated that at the request of the
City Manager, staff was directed to revisit the Aquatic Center project and
remove the community center portion of it, which was presented at the last
meeting. The criteria was to have it in the Civic Center Park, at a cost of
$10 million, and that it serves the residents of the community. Staff reviewed
both the Civic Center and College of the Desert (COD) sites. The Civic
Center site showed a variety of advantages, one being that no one would
have to cross the street to use the pool and additional parking using south
of the Date Grove area without displacing any of the trees. Staff thought it
would be a good idea to have that extra parking during baseball seasons,
fourth of July events, etc. Based on the previous feasibility study, City
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Citizens Survey, input from various stakeholders, and COD staff, staff was
recommending a conceptual design with the proposed amenities. She said
the amenities were selected in an attempt to meet the needs of the various
age groups and programs they demand, cost recovery, and meeting future
needs as well. She said staff considered the 50-meter x 25 yard competition
pool, which served long and Olympic -type meets, qualifier meets. The
25-yard pool can serve high school or any other age group meet. The pool
will include a diving well with two 1-meter diving boards and two 3-meter
diving boards. There is a zero -depth entry recreational pool for use by
children, which has a gradual slope with playground structure. The center
part is an area that can be used for instructional/therapy/exercise pool. The
Parks and Recreation Commission unanimously approved the site location
and conceptual design as presented, and authorized staff to proceed for a
Request for Proposal for Architectural Design Services. She said that a
memo with questions and answers was provided to the Council. She noted
the consultant and members of the Parks and Recreation Commission were
present. She offered to answer questions.
Councilman Ferguson asked what did the blue bar between the competitive
pool and amenity pool represent.
Ms. Steele responded it was a shade structure between the two pools, and
the round circles at the end were also shade structures. Further responding,
she said there was the availability of space to add a 10-meter tower,
however, the depth may need to be adjusted from 10- to 15 feet.
Councilman Ferguson stated there wasn't much spectator seating or shade
around the toddler pool area where parents may want to be nearby.
Ms. Steele explained that deck chairs will be available where the umbrella
shade structures were so that preferably parents would sit by the water with
their children, because it was shady and nice to sit there. She said the deck
space can be expanded if Council so desired.
Councilman Ferguson asked if staff was able to meet City Manager's
objective to have the project at $10 million.
Ms. Steele stated staff went slightly over the objective at $11.2 million
because amenities were added to accommodate requests. She said the
figure was conservation, but it included all fees for inspections, staff time,
furniture, fixtures, and equipment. She said staff should not go over the total
proposed cost. Further responding, she confirmed the total estimated
annual cost of $1,248,907 was operational expense only, and it did not
include any revenue.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009
Mayor Pro Tem Finerty asked if staff anticipated any revenue.
Ms. Steele stated staff looked at similar pools, and with good management,
the City can obtain up to a 75% cost recovery.
Mayor Pro Tem Finerty asked if the 25% of the $1.248 million is to be paid
by the City's General Fund.
Ms. Steele answered yes.
MR. ROB BALLEW, Director of the Palm Desert YMCA, stated the City and
the YMCA had partnered in a number of activities/programs throughout the
years. He said the YMCA was supportive of any decision the Council made
with regard to aquatic centers, because this City/Valley was certainly in need
of one, and they are willing to be partners in any way possible. He also
noted that the YMCA's strategic plan was to develop a regional center, which
would be a 40,000 square -foot multipurpose facility with basketball court,
weights, facilities for exercise and multipurpose use along with an aquatic
center. Whether that was part of this program or something in the north
sphere, they were certainly interested. He offered to answer questions.
Councilman Ferguson asked if the YMCA was willing to operate the pool.
MR. BALLEW answered yes, stating they were willing to work with the City
in any way possible.
Councilman Kelly asked Mr. Ballew if he felt a 75% cost recovery was a
reasonable percentage.
MR. BALLEW said that was one question he would not answer.
MR. JEFF RONCI, Beverly Drive, Palm Desert, stated he represented the
Desert Terrapins Aquatic Club. He said they would support the proposed
facility100%. Currently, they are forced to practice out of the City and would
like to bring the team back into Palm Desert to host its practices. He was
also in favor of the recreational facilities the proposed pool offered. Having
operated a pool for three years that was only a competitive pool initially, after
a year it was remodeled to add a water slide. The swimmer numbers went
from 60 per day to 190 per day in a city of only 4,000 people. Responding
to question, he felt a 50-meter by 25-yard pool would meet the need to
adequately train, but training at a high level required a longer pool. He noted
some the senior members were present, but others were in training.
Councilman Ferguson stated the proposed Aquatic Center was a great
design and happy to see that the Parks and Recreation Commission came
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009
up with something that would meet the needs of everyone in Palm Desert.
He felt the two pools would work nicely next to each other. He liked the idea
of having it out by the Date Grove as long as not too many seeds ended up
in the pool. He said the Commission did an excellent job of bringing
everything together that the Council had asked for.
Councilman Ferguson moved to by Minute Motion: 1) Approve the Civic Center Park
Site for an Aquatic Center; 2) approve the Aquatic Center Conceptual Design as
presented; 3) authorize staff to proceed with a Request for Proposals (RFP) for
Architectural Design Services of an Aquatic Center based on conceptual design as
presented (Contract No. C29250). Motion was seconded by Kelly.
Mayor Spiegel stated the Council made a trip to various pools in Southern
California two years ago. One of the facilities was a new complex in
Coronado that included an Olympic -size pool with diving boards. The
manager of that facility was asked what would she do differently, and her
response was to not include an Olympic -size pool, and instead one half the
size; the pool was in Coronado, California, next to the Navy Seal base. The
manager also said she would have a larger kids area with no diving boards.
He also talked to a representative in the Parks Department for the City of
Palm Springs, which was the only other city in the Valley that had a pool this
size, and without exception, they would make the pool smaller. He would
prefer to have a smaller pool and a larger play pool. However, he liked the
rest of the proposed amenities.
Councilmember Benson stated she was concerned whether this was the
right time to build a pool, especially when staff was asked to present
something at $10 million and it was already $1.33 million over without going
out to bid yet. She's always been in favor of having a swimming pool for the
children whether it was competitive or pool with a tot yard; however, she was
against having slides and other features, which were unnecessary. She said
people can go to Soak City in Palm Springs for that type of pool. She said
the Council was getting into something that was way over the top, and even
though the price for this pool was better than the last one presented, it was
not the right time.
Councilman Kelly stated he had the privilege of attending a swim meet in
Glendora with the Palm Desert swim team. It was a three-day event, the
facility had a 100-meter pool, it was attended by families from all over
Southern California with spectators set up around the pool. It was a sight to
see all the families participating with one event after another. He said a
50-meter pool would attract the same kind of event here, and it was essential
that the Council move on with the recommendations that came forth from the
Palm Desert Citizens Survey. He said the Council had been fooling around
with this issue for three years. He felt the City Manager did a good job in
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009
putting a complex together in an ideal location, and it was time to move
ahead.
Mayor Pro Tem Finerty asked if the College of the Desert was going to
contribute $1 million toward the project.
Mr. Wohlmuth answered yes. He said he spoke with the President of
College of the Desert and reaffirmed their commitment at the proposed
location to participate in the pool, which they agreed to in the amount of
$1 Million. In response to Councilmember Benson's concern, he
acknowledged the total cost would be $11.2 million, which was a
conservative estimate, but $1 million could be taken off to account for
College of the Desert's contribution.
Mayor Pro Tem Finerty asked if the City Manager had a level of comfort that
he could obtain a 75% cost recovery in order to achieve a balanced budget.
Mr. Wohlmuth stated the construction time for the proposed conceptual pool
still required the project to go through design and engineering, taking up to
18 months before construction, which was well into the next fiscal year. He
felt the cost recovery would be 60- to 75 percent based on other facilities
researched. The big question in his mind was that staff would be
recommending to the City Council a fee structure, but historically if the
Council thought it was too high, it may not be approved as set up. However,
staff would propose a fee structure that would get the City a 75% cost
recovery. He said fee structures had been researched, but staff was not at
that point where it would be recommending one to the City Council.
Mayor Pro Tem Finerty stated that when bids came back in, the Council will
be asked to make a commitment for the $1.248 annual operating cost, and
the City may or may not get part of that back, which would impact the City's
budget. She said if the City had to incur that amount now, it would have a
deficit instead of a projected surplus. She again asked the City Manager if
he had a level of comfort to move forward and still be able to have a
balanced budget with the addition of the proposed pool and its annual
operational cost.
Mr. Wohlmuth responded he did, but he would recommend for next year's
budget to include half of the annual operational cost of the pool in order to
achieve a balanced budget.
Mayor Spiegel called for the vote, and the motion carried on a 3-2 vote, with Benson
and Spiegel voting NO.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009
B. REQUEST FOR CITY COUNCIL DIRECTION PERTAINING TO LEASING
OF OFFICE SPACE TO FRIENDS OF THE DESERT MOUNTAINS AND
FEE STRUCTURE AT THE PORTOLA COMMUNITY CENTER.
Ms. Riddle noted this item had an amended staff report and offered to
answer questions.
Mayor Pro Tem Finerty stated she still didn't know what was happening to
Friends of the Desert Mountain. She said they currently had five spaces and
now the amended report indicated they would only be allowed to have
spaces one and two.
Ms. Riddle explained Friends of the Desert currently had three permanent
offices and the other two offices (spaces one and two) were only temporary
but were now becoming permanent. Further responding, she confirmed
Friends of the Desert will have five spaces.
Councilman Ferguson asked why the Portola Community Center couldn't be
managed like the Brothers Building where applications are taken and the City
didn't have a hard and fast policy about how much square footage any one
tenant could take up. He thought it was silly that this issue had taken up
three City Council Meetings.
Councilmember Benson asked if everyone would receive notice that they
could no longer meet there.
- Ms. Riddle stated the two large community conference rooms would continue
to operate the same. The Center has seven offices that can be occupied by
permanent tenants; two offices are occupied by the Historical Society and
the remaining five will now be occupied by Friends of the Desert, which
meant there will no longer be permanent office spaces for any other
organization to use.
Councilman Kelly asked if another organization was interested.
Ms. Riddle responded she hadn't advertised for it, so currently there wasn't
any other organization interested.
Mayor Pro Tem Finerty stated she recalled a couple of meetings ago,
Council was informed that the offices were advertised for, but staff had only
received one response.
Ms. Riddle said there was only one response, but that organization didn't
qualify, and since then she had not readvertised. Further responding, she
said the rent charge was $1.50 per square foot.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009
Mayor Pro Tem Finerty stated the matter needed to be left alone for now and
allow Friends of the Desert to keep the five offices and Historical Society
their two offices at the same price. She said if new applications are received,
the Council can deal with them as they came in.
Mayor Pro Tem Finerty moved to, by Minute Motion, authorized Friends of the
Desert Mountains to occupy five office spaces and Historical Society two office spaces at
the Portola Community Center on a permanent basis and to leave the policy and fee
structure as it is presently. Motion was seconded by Ferguson and carried by a 5-0 vote.
XVII. PUBLIC HEARINGS
None
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
None
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
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009
o City Council Committee Reports:
1. California Finance Conference — Councilman Ferguson noted
that since the last Council Meeting, he'd attended the Finance
Conference and participated on a panel regarding AB811 that
was hosted by Redevelopment Agency Counsel, Richards,
Watson & Gershon. He said it generated a lot of interest, and
currently, 11 counties and 37 cities in the State that were
modeling the "Palm Desert 811 Program." In addition, 15 other
states' legislatures have adopted Palm Desert's legislation,
from New York to Texas. He added that Palm Desert had
gained celebrity status and felt that it had more than met its
obligation to the Public Utilities Commission for replicating the
model.
o City Council Comments:
1. Leaaue of California Cities Annual Conference — Mayor
Spiegel commented that at last week's League Conference in
San Jose, there was a pretty down attitude because of the
financial situation and what the State is doing. Therefore, the
League has drafted a Constitutional Amendment that it hopes
to have on the November 2010 Ballot. It proposes that the
Legislature in Sacramento could not take or borrow locally
imposed taxes, Redevelopment dollars, Business License
Taxes, Sales Tax, Utility Tax, Parcel Tax, or Transient
Occupancy Tax. In order to get it qualified for the
November 2010 Ballot, the League was asking all City
Councilmembers to donate money and each to obtain 100
signatures, which must be done outside City Hall. He felt it
would go a long way towards local jurisdictions' being able to
believe in what they're able to do with their dollars, with
Sacramento currently asking Palm Desert for $22 million of its
Redevelopment dollars, $2.5 billion from all the cities in
California. He added that if the City gives $22 million to
Sacramento, it would mean that many of its plans for future
projects would be eliminated —although fortunately, there is
money set aside for the pool project at this time —but other
things would go by the wayside with this requirement. The
California Redevelopment Agency is challenging the matter in
court.
Secondly, he said another important topic at the Conference
was foreclosures in the cities. Many cities have determined to
use Redevelopment money (not low-income housing funds) to
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009
purchase property in order to preclude speculative purchases
by people who do not have the cities' best interests in mind.
If the city purchases the property, it can better control the end
result. He said he'd relayed this suggestion to Mr. Wohlmuth
and asked that it be considered by the City Council, including
a map of all foreclosed properties in Palm Desert. He said the
City would hope not to have any foreclosed properties, but if
they were owned and maintained properly, they wouldn't be a
hindrance.
XIX. ADJOURNMENT
On a motion by Ferguson, second by Finerty, and 5-0 vote of the City Council,
Mayor Spiegel adjourned the meeting at 5:12 p.m.
ATTEST:
RAC ELLE D. KL SEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
/W4e9e-,_
ROBERT A. SPIE EL,VA OR
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