HomeMy WebLinkAbout2010-07-08MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 8, 2010
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Finerty convened the meeting at 3:01 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro Tem Jim Ferguson
Councilman Robert A. Spiegel
Mayor Cindy Finerty
Excused Absence:
Councilman Richard S. Kelly
Upon a motion by Spiegel, second by Ferguson, and 4-0 vote of the City Council,
Councilman Richard S. Kelly's absence from today's meeting was excused.
Also Present:
John M. Wohlmuth, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Justin McCarthy, ACM for Redevelopment
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Russell Grance, Director of Building & Safety
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
J. Luis Espinoza, Assistant Finance Director
Dorian Cooley, Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2010
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APN 628-130-015
Negotiating Parties:
Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Barracuda, LLC
Under Negotiation: x Price x Terms of Payment
2) Property: APN 628-130-008
Negotiating Parties:
Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: David Nelson
Under Negotiation: x Price x Terms of Payment
3) Property: 72559 - 72567 Highway 111, Palm Desert
(APNs 640-370-015, 640-320-004)
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: City of Palm Desert
Other Parties: Palm Springs Art Museum
Under Negotiation: x Price x Terms of Payment
4) Property: Lease Property - 73-470 El Paseo, Suite No. 14, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: El Paseo Square, LLC
Under Negotiation: x Price x Terms of Payment
5) Property: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 108, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Senate Rules Committee of California
Under Negotiation: x Price x Terms of Payment
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6) Property: 44-900 East San Clemente Circle, Palm Desert
(APN 627-074-006)
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/Martin Alvarez/
City of Palm Desert/Palm Desert Redevelopment Agency
Property Owner: Mr. and Mrs. Timothy R. Palmer
Under Negotiation: x Price x Terms of Payment
7) Property: 44-845 San Clemente Circle, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/Martin Alvarez/
City of Palm Desert/Palm Desert Redevelopment Agency
Property Owner: Palm Desert Redevelopment Agency
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Govemment 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
On a motion by Spiegel, second by Ferguson, and 4-0 vote of the City Council, with
Kelly ABSENT, Mayor Finerty adjourned the meeting to Closed Session at 3:03 p.m. She
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 Pro Tem Jim Ferguson
VII. INVOCATION - Mayor Cindy Finerty
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VIII. ORAL COMMUNICATIONS - B
MR. JOHN GREENWOOD, Periwinkle Court, Palm Desert, representing both
Prest Vuksic Architects and the Board of the Coachella Valley U. S. Green Build
Council, said the Board is hosting an event on Thursday, July 15, at 5:30 p.m.
Speaker for the event would be Greg Reitz, who was the Green Building Advisor to
the City of Santa Monica and during whose tenure there went from having zero
LEED-certified buildings to having more per capita than anywhere in the country.
He said that Mr. Reitz would be speaking on in -fill, mixed use, and sustainable
planning. Because of the event's relevance, the Coachella Valley Board has asked
all Planning Agencies, Planning Commissioners, and City Councilmembers to
attend and benefit from the presentation. He provided copies of the event flier to
City Councilmembers and offered to answer any questions.
MR. JIM FOOTE, Bureau of Land Management, Palm Springs Office, and on behalf
of the BLM and U. S. Forest Service, congratulated Mayor Pro Tem Ferguson for
his appointment to the National Monument Advisory Committee. He acknowledged
that the appointment had been a long time in coming, and his patience in the
process was most appreciated. Upon checking the records, he discovered that the
first application was signed on June 18, 2008 (751 days ago), noting that the
process included applications going up through the Califomia BLM State Director,
the U. S. Forest Service Regional Forester, onto the various Washington -Offices of
BLM and Forest Service, further up through the Departments of Agriculture and
Interior, and finally being vetted through the White House. He also congratulated
Buford Crites, who was nominated and approved as the Alternate Representative.
Additionally, in recognition of this year's 10`h Anniversary of the National Landscape
Conservation System and of the Santa Rosa and San Jacinto Mountains National
Monument, he presented the Council with 3D postcards depicting the Art Smith Trail
that begins in the City of Paim Desert. He said in conjunction with the National
Monument's 10' Anniversary, there would be events coming up later in the year that
he would be providing information on.
MS. K KAUFMANN, The Desert Sun, 750 North Gene Autry Trail, Palm Springs,
addressed the City Council to say it would be her last City Council Meeting as the
Palm Desert Beat Reporter, because as of Monday she would be moving to a new
assignment on the Business Desk. Her replacement for Palm Desert would be
Blake Herzog, in attendance today as well and who had previously been covering
the City of Cathedral City. Like herself, Ms. Herzog was also a Palm Desert
resident. She was sure the City would welcome Ms. Herzog with the same courtesy
and professionalism as she was shown. She went on to say that while she would
no longer be covering City Government, her new beat includes Green Technology
and Retail, meaning she will still be covering key stories in Paim Desert. She
graciously thanked City staff for all their professionalism and helpfulness over the
last five years, as well as thanking everyone in Palm Desert for helping her grow
both personally and professionally. She hoped that her work had in some small way
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benefited the residents and helped the City to move forward, and while it may not
have always pleased all Councilmembers all the time, it meant she was doing her
job. Although, when there were disagreements, she felt they had always been
handled with an enormous degree of professionalism and respect. She looked
forward to continuing to keep her eyes on Palm Desert.
On behalf of the City Council, Mayor Finerty extended appreciation and wished
Ms. Kaufmann all the best in her new assignment. She also welcomed Ms. Herzog.
MS. BLAKE HERZOG, The Desert Sun, Palm Springs, greeted the City Council and
said she looked forward to working with Palm Desert.
MR. TIM BARTLETT, Salt Cedar Street, Palm Desert, said that if he came and
spoke at every meeting for the next year or two, perhaps he'd have enough public
speaking skills to warrant the City Council's attention to his message. He referred
to the world's current economic downturn — with both the State of California and
County of Riverside being in trouble — but apparently the City wasn't. Although it
was difficult to tell, in his reading of the Finance Department webpage, the City has
$800 million of debt (nearly $1 billion); it was a lot of money, and the City was still
spending in earnest. One of the big capital projects being worked on was El Paseo
Revitalization, and while it hadn't been specifically approved, a $500,000 survey
was authorized, as was a $500,000 sign that cannot structurally support itself with
an inner cage that will be visible. It was nonsensical to him to have a project not
formally approved but that had already spent $1 million. Another project was the
swimming pool where over $1 million had been spent on design, and while .a
feasibility study was being done to find out what to charge swimmers, none was
done to determine if it made sense to build a pool and if there were enough people
to justify the expense. He saw $6 million in the budget; and while he knew that
$1 million was coming from College of the Desert, it was an $11.3 million project,
meaning it was short a few million, which he assumed was being accomplished
through debt that increased the cost even more. He still didn't know why the project
required either a 7,000 square -foot dressing room or manned concession stand,
pointing out that La Quinta's public pool is only open an hour a day with a charge
of $2.00, and no one comes to it. He questioned then why Palm Desert was willing
to spend $11.3 million in a City that probably has more swimming pools than
anywhere in the world, but no one seems to care. He was amazed every week
when he reads the agenda at the amount of money being spent.
MR. DAVID GOLDMAN, Highway 111, Palm Desert, referred to a letter he'd
received from the City last week. The letter was dated June 23 and advised small
business owners with neon signs that they had until August 23 to remove them. He
pointed out that many of the businesses had displayed those signs for a long time,
and they'd been done at that time in a fashion to accommodate the sign ordinance
regulations. He said business was slow in the third quarter of the year; many
business owners were struggling and coming out of pocket just to pay their taxes,
payroll, utilities that were doubled, while income was cut in half. Small businesses
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were trying to keep their doors open and then having to endure a very large
expense to change their signage at this time —during one of the most severe
economic downturns experienced by the country in nearly 80 years —and he
questioned the necessity of this enforcement. He understood this matter would be
on the next meeting agenda, but that wasn't until August 26, and businesses were
supposed to be in compliance by August 23. He could not afford this expenditure
right now, with his sign being done over seven years ago; his neighboring
businesses, Don The Dog Groomer - sign done 13 years ago, and Prime Cuts (in
attendance also) - sign done 17 years ago, were in the same position.
Mayor Pro Tem Ferguson asked to see Mr. Goldman's letter, saying it was the first
he'd heard of this issue.
MR. GOLDMAN went on to say for many small businesses, signage was their first
line of advertising to bring people in who will spend money, allowing the business
owners to pay their taxes, utilities, rent, keep the doors open, and promote good
business in the beautiful City of Palm Desert.
Mayor Finerty suggested referring the matter to the City Manager for follow-up.
Mayor Pro Tem Ferguson asked if the City Attorney had reviewed the letter, and
Mr. Erwin said he didn't think he had. Mayor Pro Tem Ferguson said the letter
requested the small business owner's cooperation, sounding to him like the City was
asking for voluntary compliance with its ordinance that it couldn't otherwise require.
With the Mayor's permission, he asked to provide this to the City Attorney for
review, and he thanked Mr. Goldman for calling it to the Council's attention.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION TO RECOGNIZE THE
PALM DESERT HIGH SCHOOL BASEBALL TEAM FOR WINNING
CIF SOUTHERN SECTION DIVISION IV CHAMPIONSHIP (Continued from
the meeting of June 24, 2010).
On behalf of the entire City Council, Mayor Finerty proudly presented the
framed proclamation to the Coaches and Team Members, past and present,
of the Palm Desert High School Aztecs Baseball Team.
The PDHS Team thanked the City for all its support over the years and said
they were very proud to be its representatives.
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B. PRESENTATION TO RECOGNIZE LEE MORCUS FOR HIS
CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS
MARKETING COMMITTEE.
Mr. Morcus was unable to be present for today's recognition. The engraved
crystal clock in appreciation for his time on the Marketing Committee will be
forwarded to him.
C. PRESENTATION OF THE AMERICAN CANCER SOCIETY'S
"AMBASSADOR OF HOPE" AWARD TO MAYOR PRO TEM
JIM FERGUSON.
MR. MARVIN SCHURGIN, Regional Ambassador for the American Cancer
Society and Member of the Leadership Council, said that each year the
American Cancer Society's Califomia Division acknowledges communities,
organizations, and individuals for their efforts in the year just past that benefit
cancer patients and their families, and that help to prevent cancer in those
who have been spared from cancer thus far in their lifetimes. One of the
most prestigious of the awards was the "Ambassador of Hope," given to an
individual who's gone above and beyond in supporting advocacy activities.
He was very pleased to honor Palm Desert Mayor Pro Tem Jim Ferguson for
his successful efforts in advocating for smoke -free environments that protect
the health of Paim Desert residents and visitors to the City. In the Society's
fight against cancer, the number one enemy was tobacco; therefore, they
commended the City Council for supporting the ordinance for smoke -free
area and applauded both the Council and Mayor Pro Tem Ferguson for the
efforts in making this decision. He presented Mayor Pro Tem Ferguson with
an engraved plaque of award.
Mayor Pro Tem Ferguson graciously accepted and responded that the honor
really belonged to the entire City Council, which unanimously voted to adopt
the ordinance. He also credited Councilmember Benson with championing
the good fight through the American Cancer Society long before he came
along.
D. REQUEST FOR ACCEPTANCE OF RESIGNATIONS AND APPOINTMENT
OF NEW MEMBERS TO THE PALM DESERT YOUTH COMMITTEE.
Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Accept letters of
resignation from the following Palm Desert Youth Committee Members: Raine Armstrong,
Alahna Dunbar, Kate Hart, Alison McCollister, Briana Nolan, Jason Richard, Jonny
Rohrbaugh, Jenna Scott, Abby Sturgeon, and Elle Wohlmuth; 2) Appoint the following
individuals to the Paim Desert Youth Committee to fill vacancies in the terms of the
aforementioned Members: Sydney Werry, Natalie Grum, Adam Chaplain, Julien Bloch,
Wes Wohlmuth, Will Harvey, Garrett Powell, Landen Powell, Chris Benedetto, and
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Mykos Marcinkevicius. Motion was seconded by Benson and carried by a 4-0 vote, with
Kelly ABSENT.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 24, 2010.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 252, 256, 257, and 260.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Belle's
Southern Dining, 73-155 Highway 111, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Cougar's Bar &
Nightclub, 74-360 Highway 111, Palm Desert.
Rec: Receive and file.
E. CULTURAL RESOURCES PRESERVATION COMMITTEE Minutes for the
Meeting of May 25, 2010.
Rec: Receive and file.
F. RESOLUTION NO. 2010 - 58 - A Resolution of the City Council of the City of
Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Files from the Code Compliance Department that Have Been
Digitally Imaged (Files Dated 2009).
Rec: Waive further reading and adopt.
G. REQUEST FOR DECLARATION of Surplus Property and Disposal
Authorization — Miscellaneous Computer and Electronic Equipment.
Rec: By Minute Motion, declare items listed on the accompanying staff
report's Exhibit "A" as surplus property and authorize disposal as
appropriate.
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H. REQUEST FOR DECLARATION of Surplus Furniture Currently Residing in
the Former Parks Satellite Office at the Palm Desert Community Center and
Authorization for the City Manager to Enter Into a Purchase and Sale
Agreement with the Desert Recreation District for Said Furniture.
Rec: By Minute Motion, authorize: 1) The declaration of surplus fumiture
within the former Parks Satellite Office; 2) City Manager to enter into
a Purchase and Sale Agreement with Desert Recreation District
(DRD) for $15,750 (75% of original cost) for same (Contract
No. C29999).
I. REQUEST FOR AWARD OF CONTRACT for Lagoon and Water Features
Maintenance Services to Southwest Aquatics, Inc., in the Amount of $23,870
(Contract No. C29800).
Rec: By Minute Motion, award the subject contract for Lagoon and Water
Features Maintenance Services to Southwest Aquatics, Inc.,
Palm Desert, California, in the amount of $23,870 ($26,040 prorated
to an 11-month term of contract paid monthly in the amount of
$2,170) — funds are available in General Fund Account
Nos. 110-4614-453-3370 - Repair/Maintenance Medians and
110-4610-453-3320 - Repair/Maintenance Landscape Services.
J. REQUEST FOR AUTHORIZATION for the City Manager to Execute a Joint
Use Agreement with Southern California Edison for Frank Sinatra Drive and
Portola Avenue Intersection Improvements (Contract No. C27950B, Project
No. 572-08).
Rec: By Minute Motion, authorize the City Manager to execute a Joint Use
Agreement, pending approval by the City Attomey, with
Southern California Edison for the relocation of existing facilities in
conjunction with construction of the Frank Sinatra Drive and Portola
Avenue Intersection Improvements.
K. REQUEST FOR AUTHORIZATION to Release Security for Precise Plan
No. 07-15 and Accept the One-year Maintenance Bond (Segovia of
Palm Desert, Applicant).
Rec: By Minute Motion, authorize release the security for PP 07-15
(Segovia of Palm Desert) and accept the one-year Maintenance Bond
for the project.
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L. REQUEST FOR APPROVAL of Proposal by Dekra-Lite Industries, Inc., in
the Amount of $46,854 to Install, Remove, Maintain, Clean, and Store the
City of Palm Desert's Holiday Lighting and Decorations (Contract
No. C28122).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
M. REQUEST FOR AUTHORIZATION to Submit the 2010/11 Used Oil Payment
Program (OPP) Application (1st Cycle) to CalRecycle.
Rec: 1) Waive further reading and adopt Resolution No. 2010 - 59,
authorizing Used Oil Payment Program Applications to
CalRecycle.
2) By Minute Motion, authorize: a) Ratification of staff submittal
of the 2010/11 Used OH Payment Program (OPP) Application
(1st Cycle) to CalRecycle; b) expenditure of awarded funds
from Recycle Fund, Account No. 236-4195-454-3090.
N. CONSIDERATION of Request for Participation in the Convention and
Visitors Authority (CVA) and California Travel and Tourism Commission
(CTTC) Cooperative Marketing Program.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
O. CONSIDERATION of Request for Participation in the Convention and
Visitors Authority (CVA) Air Service Cooperative Advertising Campaign.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
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P. REQUEST FOR AUTHORIZATION to Negotiate and Finalize a First
Amendment to the Lease Agreement Between Desert Sands Unified School
District and the City of Palm Desert for the Purpose of Facilitating a Pre-
school Program at the Palm Desert Early Childhood Education Center,
44-911 Cabrillo Avenue, Palm Desert (Contract No. C26100A).
Rec: By Minute Motion: 1) Authorize staff to negotiate and finalize a First
Amendment to the Lease Agreement by and between the Desert
Sands Unified School District and City of Palm Desert for continuation
of an existing Pre-school Program and the Palm Desert Early
Childhood Education Center; 2) approve the subject contract
substantially as to form; 3) authorize the City Manager to approve and
execute said First Amendment to the Lease Agreement.
Q. REQUEST FOR APPROVAL of the 12`h Annual "Turkey Trot" 5K Run/Walk
to Be Held in the City on November 25, 2010, Including Closure of Public
Streets (Desert Cities Track Club, Applicant).
Rec: By Minute Motion, approve the 12'h Annual "Turkey Trot" 5K Run/Walk
on November 25, 2010, including closure of El Paseo as proposed,
with a maximum City contribution of $3,000 for required traffic control
barriers — funds are available in General Fund Account
No. 110-4250-433-2145 - Traffic Safety.
Mayor Finerty requested Items L, N, and 0 be removed for separate action
under Section XI, Consent Items Held Over.
Upon a motion by Spiegel, second by Ferguson, 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
L. REQUEST FOR APPROVAL of Proposal by Dekra-Lite Industries, Inc., in
the Amount of $46,854 to Install, Remove, Maintain, Clean, and Store the
City of Palm Desert's Holiday Lighting and Decorations (Contract
No. C28122).
Mayor Finerty stated she pulled this item from Consent Calendar because
based on last year's holiday decoration display, which she thought was
hideous and looked like anything but holiday, she was not in favor of
approving $46,854 this year. She said a subcommittee should be formed to
pick a new selection, which she would be happy to serve, because the
holiday display had declined over the years.
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Mr. Aryan responded the previous inventory of twelve years was replaced by
last year's decorations, which were reviewed by a subcommittee and
approved by Council.
Mayor Finerty asked if the City was stuck with them.
Mr. Aryan answered yes, because it was the City's current inventory. Further
responding, he explained the contract included installation, removal,
cleaning, storing, and a 24-hour callout during the season for any type of
maintenance issues.
Mayor Finerty said her personal preference was not to put any decorations
up at all because they were so bad. She questioned whether any of the
decorations can be exchanged for something that reflected the holiday spirit.
Mayor Pro Tem Ferguson asked what was the useful life expectancy of the
holiday decorations.
MR. GABRIEL ADRIANCE, Laguna Beach, CA, responded the life
expectancy for holiday lights was three seasons, six seasons for all frames
like the wreaths displayed on Highway 111, and the current inventory was
going on its third year. He said $46,854 covered a huge holiday decoration
program, which included installation, removal, storage, and maintenance, so
the cost was spread out. The program included 24-hour maintenance
service; if any lights went out, a team was dispatched to fix/pair the problem.
Additionally, there were discussions with staff about moving some of the
decor from the Visitor Center to the new location this year.
Councilmember Benson stated she personally didn't have any objections to
the decorations as she served on the committee that selected them. At that
time, the committee looked for something new and different knowing the new
decorations wouldn't appeal to everyone's taste, but she certainly didn't see
anything objectionable. The only criticism was that there wasn't enough
decoration, but she didn't receive any complaints. She knew it cost money
to install and remove the decorations every year, therefore, she would be
happy approve this item. Councilman Spiegel agreed.
Councilmember Benson moved to, by Minute Motion, approve a proposal by Dekra-
Lite Industries, Inc., Santa Ana, California, in the amount of $46,854 for the installation,
removal, maintenance, cleaning, and storage of Palm Desert's Holiday Lighting and
Decorations per terms of Contract No. C28120 — funds are available in the FY 2010-2011
Budget, Account No. 110-4310-433-3910. Motion was seconded by Spiegel and carried
by a 3-1 vote, with Finerty voting NO and Kelly ABSENT.
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Please note: Items N and 0 were discussed jointly.
N. CONSIDERATION of Request for Participation in the Convention and
Visitors Authority (CVA) and California Travel and Tourism Commission
(CTTC) Cooperative Marketing Program.
Mayor Finerty stated this request had to do with a request from the
Convention and Visitors Authority (CVA) Board for $12,500. She questioned
if this was the best use of City funds and curious to know specifically if staff
was able to measure results to justify the expenditure.
Marketing Manager Kristy Kneiding responded this was one of the
campaigns the City had participated over the years and in previous years it
cost $50,000. She said the campaign had the buy -in support of both
Alaskan Airlines and WestJet, noting WestJet announced this was the first
year they would provide year-round service to Canada, including the
summer. Staff believed part of that was a result of this type of marketing for
Palm Desert, so from that aspect the goal to build airline support was met.
Another benefit is that for $25,000 this program was reaching the Western
Canadian market and Pacific Northwest.
Councilman Spiegel asked about the Marketing Committee's input.
Marketing Manager Kristy Kneiding said the Marketing Committee
unanimously approved support for both Items N and O. Consideration for
the $12,500 is a cooperative effort with the State of California as well as the
CVA. If the City was to do this on its own, the cost would be $25,000 for this
program. The benefit this year is the City will be able to have its own landing
page, and the program was expanded to include reaching more than 2.6
million affluent leisure travelers. Ads will go into publications in Travel &
Leisure, Budget Travel, Food & Wine, and National Geographic Traveler in
the fall. In the spring, ads will be in Canadian Newspaper inserts like the
Vancouver Sun, Calgary Herald, Edmonton Journal, Toronto Star, and in
addition, a digital component was added that reached 1.5 million circulations
as well as create an ad for the iPad, where Palm Desert's campaign
brochure can be downloaded.
Mayor Finerty referring to Item N and 0, stated that now that Palm Desert
was a member of the Business Improvement District (BID) with Transient
Occupancy Tax (T.O.T.) Funds going to the CVA, why was the City being
nickel-and-dimed, and couldn't the funds from the BID and TOT pay for
these types of programs.
Mayor Pro Tem Ferguson offered to answer the question, stating that as the
City's liaison to the Joint Powers Authority (JPA) and the CVA, he presented
the same question to Interim President Judy Vossler. He said on the surface
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it seemed like a logical question, but by Palm Desert switching to the BID,
the CVA actually got a reduction in its funding from the City of Palm Desert
from $900,000 to $650,000, and with the hotel occupancy rates being down,
they received less than originally projected. As it was explained to him, both
Items N and 0 were voluntary programs, and if Palm Desert didn't
participate, the City's name wouldn't be used. He said it was like buying
extra advertising that's not included with the BID package. He went on to say
that in questioning further, of the 2.6 million, it really was 1.1 million in print
impressions, which lasted longer than the digital electronic impressions.
However, he was also aware that a couple of colleagues had a meeting with
some of the hoteliers where this kind of extra advertising was requested. He
thought the purpose of the City joining the BID was to take the City's savings
and invest it back into extra promotional deals just like the one being
presented. When it was explained to him that extra value was being bought
in advertising, it made perfect sense, but if you look at it as something that
should have been included with the BID package, it would feel like your
being nickel-and-dimed, but it just depends on the way one looks at it.
Ms. Kneiding noted this package wasn't just a regular ad, because the City
actually received a picture and the ability to write the copy that appeared as
editorial, which had more value than just a regular Palm Desert tourism ad.
She said the package reached specific target audiences and extended the
reach considerably, stating $12,500 couldn't buy you an ad in Travel &
Leisure alone.
Mayor Finerty said she was aware of the meeting with the hoteliers and
Shadow Mountain related that many customers were coming from the Pacific
North and would like to see more advertising focused on that area. The
hotels agreed and offered to provide statistics on their customers origin with
staff following up. She would like to see staff follow up in the measuring of
results, because it did seem on face value the City was being
nickel-and-dimed. She preferred, if everyone agreed, that it the Pacific North
was a target area, that it become part of the CVA's budget. She said
perhaps staff could convey that message at the CVA meeting.
Mayor Finerty moved to, by Minute Motion, concur with the recommendation of the
Marketing Committee and approve participation in the CTTC/CVA Marketing Program in
the amount of $12,500 — funds are included in the Marketing Budget, Account
No. 110-4417-414-3221. Motion was seconded by Ferguson and carried by a 4-0 vote,
with Kelly ABSENT.
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O. CONSIDERATION of Request for Participation in the Convention and
Visitors Authority (CVA) Air Service Cooperative Advertising Campaign.
Please see discussion for this item under Item N.
Mayor Finerty moved to, by Minute Motion, concur with the recommendation of the
Marketing Committee and support the CVA Cooperative Air Service Marketing Campaign
in the amount of $25,000 — funds are included in the Marketing Budget, Account No.
110-4417-414-3221. Motion was seconded by Ferguson and carried by a 4-0 vote, with
Kelly ABSENT.
XII. RESOLUTIONS
A. RESOLUTION NO. 2010 - 60 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS
SUPPORT FOR THE LOCAL TAXPAYER, PUBLIC SAFETY, AND
TRANSPORTATION PROTECTION ACT OF 2010 (PROPOSITION NO. 22).
Mr. Aryan noted the staff report and offered to answer any questions. He
noted Mayor Richard Kite from the City of Rancho Mirage was present this
evening to speak on this item.
MR. RICHARD W. KITE, Mayor of the City of Rancho Mirage, stated he was
also Vice President of the Riverside County Division of League of California
Cities. He asked the Council to support Proposition 22, which will appear on
the November ballot. Since December of 2009, the coalition which is
sponsored by the League began collecting signatures to place Proposition
22 on the November 2010 ballot to stop the State of California from seizing
city funds. He said 694,000 signatures were required for the initiative to be
placed on the ballot, and 1.2 million signatures were collected with 80% of
them qualifying. He said Proposition 22 will prohibit the State from taking
funds used for transportation, local government projects and services, and
its purpose is to close loopholes to change the California State Constitution
to prevent State government from seizing or interfering with tax revenues
dedicated to funding local government services. These revenues also
include funds associated with redevelopment dedicated to transportation
improvement services. Last year, the City of Palm Desert had to remit $25.5
million to the State to meet its shortfall, but if Proposition 22 passes, the
State will not be allowed to take such funds. At this time, most of the cities
in Riverside County have supported this proposition and urged the City
Council to send a message to Sacramento to stop raiding local government
funds.
Mayor Finerty noted when the Council received the request for a letter of
support, the response was that Palm Desert did not take a position.
However, the Council discussed it and agreed it would be helpful if it did
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support Proposition 22. She thanked the Mayor for coming this evening,
because she believed supporting the proposition was in the City's best
interest.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2010-60. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly
ABSENT.
XIII. ORDINANCES
For introduction:
None
For Adoption:
None
XIV. NEW BUSINESS
A. CONSIDERATION OF REQUESTS FOR TEMPORARY USE OF ALCOHOL
AND FEE WAIVERS FOR THE MARTHA'S VILLAGE & KITCHEN
4TH ANNUAL THANKSGIVING DAY 5K TO BE HELD AT PALM DESERT
CIVIC CENTER PARK.
Senior Management Analyst Ryan Stendell noted the staff report and offered
to answer any questions. He also noted a representative from Martha's
Village & Kitchen was present to speak on the item.
MS. BLAIR AMIDEI, Martha's Village Representative thanked the City
Council for allowing Martha's Village to hold it's 4th Annual Thanksgiving 5K
at the Civic Center Park. She said they were excited to have the event in
Palm Desert and hoped to continue for years to come.
Councilman Spiegel asked how important was having beer served at the
event.
MS. AMIDEI responded she knew the request would be denied, which was
fine, but the beer garden attracted a crowd that mostly likely wouldn't be
captivated, which was the 21 to 25 age range of single adults. She said last
year they served one keg at the La Quinta Park with 1,200 participants,
which was a maximum of 20-30 people in and out of the beer garden. She
said it was not a free-for-all, but having the beer garden did attract more
participants, which helped raise money to feed the homeless.
Councilmember Benson asked if this event replaced the Turkey Trot.
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Mayor Finerty said the request for the Turkey Trot event, which was under
Consent Calendar, was approved earlier this evening. She noted staff and
the police department believed serving alcohol at the 5K at the Civic Center
Park was not appropriate, therefore, they recommended denial of the waiver,
which she supported as well.
Councilman Spiegel moved to, by Minute Motion: 1) Deny the temporary waiver to
Palm Desert Municipal Code Section 11.01.080 (W) - Possession/Consumption of Alcohol
in City Parks, pursuant to Palm Desert Municipal Code Section 9.58.040; 2) grant a waiver
of fees in the amount of $40 for the Martha's Village & Kitchen 4th Annual Thanksgiving
Day 5K at Civic Center Park. Motion was seconded by Ferguson and carried by a 4-0 vote,
with Kelly ABSENT.
B. REQUEST FOR AWARD OF CONTRACT FOR THE PURCHASE OF
242,500 POUNDS OF GRASS SEED TO SIMPLOT PARTNERS IN THE
AMOUNT OF $176,332.25 (CONTRACT NO. C29880).
Councilmember Benson moved to, by Minute Motion, award subject contract for the
purchase of 242,500 pounds of grass seed to Simplot Partners, Palm Desert, California,
in the amount of $176,332.25 — funds are available in General Fund Account Nos.
110-4610-453-2190 - Supplies/Other, 110-4611-453-3371, R/M Tri-Cities Sport Facility,
and 110-4614-453-3370 - R/M Medians, for the City's portion, and from Desert Willow
Corporation for the balance. Motion was seconded by Spiegel and carried by a 4-0 vote,
with Kelly ABSENT.
C. REQUEST FOR APPROVAL OF HARDWARE AND SOFTWARE
PURCHASE FOR A WI-FI HOTSPOT ON EL PASEO AND
AUTHORIZATION FOR CITY MANAGER TO APPROVE CONTRACT FOR
INSTALLATION (CONTRACT NO. C30000).
Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Approve the purchase of
hardware and software required for Phases 2 and 3 of the El Paseo Wi-Fi Project in the
amount of $45,256.45; 2) authorize City Manager to approve a contract for the installation
of said components in an amount not to exceed $12,000 — funds are available in Account
No. 110-4190-415-4040. Motion was seconded by Finerty.
Councilman Spiegel stated he asked Information Systems Manager Clay
Von Helf to check if University Park was covered by Wi-Fi.
Information Systems Manager Clay Von Helf responded there were Wi-Fi
hotshots all over the City, which included Cal State campus. He said most
of the hotshots in the City were indoors, which meant the access points didn't
travel well outside through buildings. Staff was proposing a hotspot outdoors
on El Paseo with the signal not traveling well into buildings. Further
responding, he said Rock's Firehouse was a Wi-Fi hotspot, stating many
restaurants and businesses offered Wi-Fi as an incentive for customers. He
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confirmed College of the Desert, Civic Center, Visitor Center, Desert Willow
Golf Course, and Palm Desert Library offered Wi-Fi. He did not check on the
local schools, but he could.
Mayor Finerty called for the vote and it carried on a 4-0 vote, with Kelly ABSENT.
D. REQUEST FOR AWARD OF CONTRACT TO JNS ADVERTISING FOR
MEDIA BUYING SERVICE IN AN AMOUNT NOT TO EXCEED $205,000
FOR FISCAL YEAR 2010-2011 (CONTRACT NO. C30010).
Mayor Pro Tem Ferguson stated he had no problem with awarding the
contract to JNS and understood the logic of the rate sheets and commission,
which made good sense. However, he had a question on The Desert Guide
the City purchased advertising in, stating he met with the publisher of The
Desert Sun concerning the eight pages in the Palm Desert Magazine, who
indicated they could do overruns of the City's eight -page section and a Palm
Desert Guide that had, for example, a map of El Paseo with a directory of all
the businesses, which would address the complaints from small businesses
about visibility at the last City Council meeting. The directory can be by
category, i.e., accessories, artwork, purses, etc., with a map that showed
where they're located. He said a two-tier map could be created of Westfield
showing where all the shops are, a map of the City showing where points of
interest are located, which was basically eight pages dedicated to Palm
Desert. What really struck him was that when you asked for a guide at the
Visitor Center, a Palm Springs Guide is handed out, which for the month of
July and August covers things to do in Palm Springs and doesn't mention
Palm Desert until you get to a two-inch section on restaurants. He said for
what the City paid for an ad in September, November, January, February,
and March, it could have 25,000 copies of a Palm Desert Guide every single
month of the year for $12,000 instead of $13,000. He said on that one
media alone, he would encourage staff and the Marketing Committee to sit
down with the creative team at The Desert Sun and take advantage of the
City's eight pages and see if an insert can be provided that the residents can
pull out, but also stock the Visitor Center with these Palm Desert Guides. He
understood if someone went to the CVA and wanted to know about the
Valley, but if someone is going to the Visitor Center, it ought to be able to
fulfill them with an eight -page brochure about Palm Desert businesses to
help those small struggling ones that are obscure and hard to find. He said
the City can combine the guide with the City's on-line services, and now that
Palm Desert had Wi-Fi in El Paseo, people can pull up electronically the
same map and find those businesses. He said the hoteliers indicated they
needed more visibility, and this was a way to do it from both the print and
electronic media, and the City had eight pages in which to do it with the
money saved by switching this advertising media over to the Palm Desert
Magazine.
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Ms. Kneiding agreed to pursue the Council's pleasure, but to clarify, she
explained the circulation of The Desert Guide went to all the hotels and the
City's ad was to drive traffic to the Visitor Center from Palm Springs or other
cities, which was the purpose of that media buy. Additionally, The Desert
Guide's circulation was so great that everybody got the Guide, and also
handed out at the Visitor Center. However, she said staff will use the funds
whichever way the Council wished.
Mayor Finerty stated it was a pricey media buy for $13,485. She went on to
say that instead of spending the proposed $15,840 for Palm Springs Life,
why wouldn't the City want to pump those funds into marketing the Pacific
Northwest as the hoteliers requested. She couldn't understand the logic
about advertising, especially since it entered into a contract with The Desert
Sun. She said if the City used The Visitor's Guide that just focused on Palm
Desert, it would not only get people to the Visitor Center but into the City's
businesses, mall, shops, and restaurants.
Councilman Spiegel stated the other media buys would accomplish the same
goals, but believed two separate issues were being discussed. He said if
Council wanted to change the media buys, it needed to be on a separate
agenda, because he didn't think it could be voted on this evening, at least he
wouldn't.
Mayor Pro Tem Ferguson said the media buys were on the agenda, but
agreed that the Marketing Committee could take another look in light of the
City's new magazine, which he didn't think the City had at the time the
Marketing Committee reviewed the matter.
Councilman Spiegel requested the media buy's portion be taken back to the
Marketing Committee, but agreed to award the Contract to JNS Advertising
for media buying services.
Councilman Spiegel moved to, by Minute Motion: 1) Concur with the Marketing
Committee's recommendation and award the subject contract to JNS Advertising,
La Quinta, California, in an amount not to exceed $205,000 for media buying services, FY
2010-2011, with said media buys to be reconsidered by the Marketing Committee before
purchasing same; 2) authorize the Mayor to execute the contract on behalf of the City —
funds are available in Advertising Buys, Account No. 110-4417-414-3221. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT.
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E. REQUEST FOR APPROVAL OF CONTRACT FOR ONLINE MARKETING
SERVICES IN THE AMOUNT OF $37,500 TO OFF MADISON AVE.
(CONTRACT NO. C30020).
Councilman Spiegel moved to, by Minute Motion: 1) Concur with the
recommendation of the Marketing Committee and award the subject contract for Online
Marketing Services to Off Madison Ave., Tempe, Arizona, in the amount of $37,500; 2)
authorize the Mayor to execute the contract on behalf of the City; 3) authorize staff to
advertise and issue a Request For Proposals (RFP) for Online Marketing Services — funds
are available in Account No. 110-4417-414-3090. Motion was seconded by Finerty.
Responding to question about measuring results, Marketing Manager Kristy
Kneiding answered absolutely. She said the background information
attached to the staff report noted that on-line advertising was actually the
banner ad that could be measured by click through rates, which nearly
doubled the industry average; a total of 587 vacation guides was requested,
which represented a 5% conversion rate versus a 1 % industry average; the
initiatives that are on-line, such as Pay -Per -Click generated 3,686 vacation
guide requests, which was a 6.4% conversion rate versus the 2% industry
standard; the cost per click over time has been decreased by 43%, which
meant the City paid Tess to get the same impression and allowing for more
click buys to be purchased. In addition, because the website was optimized,
the tourism website saw a 118% increase in traffic from those searching for
restaurants and 80% increase for hotel searches within a one 'A year period.
Mayor Finerty called for the vote and it carried by a 4-0 vote, with Kelly ABSENT.
F. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT,
PALM DESERT CHARTER MIDDLE SCHOOL, AND THE CITY OF
PALM DESERT AS IT RELATES TO PARTICIPATION IN AN AFTER
SCHOOL PROGRAM AT PALM DESERT CHARTER MIDDLE SCHOOL
(CONTRACT NO. C30030).
Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute
the subject MOU between the Desert Sands Unified School District, Palm Desert Charter
Middle School, and the City of Palm Desert relative to the After School Program at Palm
Desert Charter Middle School — funding in the amount of $75,000 was included within the
FY 2010-2011 Budget approved on June 24, 2010. Motion was seconded by Benson and
carried by a 4-0 vote, with Kelly ABSENT.
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G. REQUEST FORAPPROVAL OF A MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, THE
YMCA OF THE DESERT, AND THE CITY OF PALM DESERT AS IT
RELATES TO PARTICIPATION IN AN AFTER SCHOOL PROGRAM AT
LINCOLN ELEMENTARY SCHOOL (CONTRACT NO. C30040).
Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute
the subject MOU between the Desert Sands Unified School District, The YMCA of the
Desert, and the City of Palm Desert relative to the After School Program at Lincoln
Elementary School — funding in the amount of $75,000 was included within the FY 2010-
2011 Budget approved on June 24, 2010. Motion was seconded by Benson and carried
by a 4-0 vote, with Kelly ABSENT.
H. REQUEST FORAPPROVAL OF A MEMORANDUM OF UNDERSTANDING
(MOU) WITH THE BUREAU OF LAND MANAGEMENT FOR RANGER
SERVICES, PORTIONS OF ADMINISTRATIVE COSTS, AND
LANDSCAPING COSTS FOR THE SANTA ROSA MOUNTAINS VISITORS
INFORMATION CENTER (CONTRACT NO. C30050).
Mayor Pro Tem Ferguson stated that as the newly appointed representative
on behalf of the City of Palm Desert he would move approval.
Mayor Pro Tem Ferguson moved to, by Minute Motion, authorize the Mayor to
execute the subject MOU with the Bureau of Land Management (BLM) for a three-year
period, beginning July 1, 2010, through June 30, 2013 — funds are available in General
Fund Account No. 110-4610-453-3092 - Parks - Contract Services.
Responding to question, Senior Management Analyst Ryan Stendell said at
one time it was a five-year term, but the last contract was for three years.
Councilmember Benson seconded the motion and it carried on a 4-0 vote, with Kelly
ABSENT.
I. REQUEST FOR APPROVAL OF CONTRACT WITH EVERGREEN
RECYCLING SOLUTIONS, INC., FOR CONSULTING SERVICES
RELATIVE TO THE CITY'S COMMERCIAL AND MULTI -FAMILY HOUSING
RECYCLE PROGRAMS (CONTRACT NO. C30060).
Responding to question, Ms. Riddle said the object of the contract is to have
the company come in and help staff go out and meet with businesses and
owners of apartment complexes to educate them about recycling and to
bring them on board. Those that agree to participate will receive education
and training for their tenants and also provide full range implementation for
the recycling program. Further responding, she said this was the first time
the City was contracting to provide the service, stating the work was similar
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to what Recycling Technician Lisa Ream did, but unfortunately one person
couldn't do all the work for the number of businesses and units in the City.
She said results could be measured by the actual participation, the amount
of disposal that's diverted, and cost -savings to businesses. She agreed to
provide the Council with a report on the outcome.
Councilman Spiegel moved to, by Minute Motion, authorize: 1) Mayor to enter into
an agreement with Evergreen Recycling Solutions, Inc., La Quinta, Califomia, for
consulting services relative to the City's Commercial and Multi -family Housing Recycle
Programs; 2) authorize expenditure of funds in an amount not to exceed $75,000 from the
Recycle Fund for this purpose, Account No. 236-4195-454-3090. Motion was seconded
by Benson and carried by a 4-0 vote, with Kelly ABSENT.
J. REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION FOR A
CLIMATE SHOWCASE COMMUNITIES GRANT OFFERED BY THE
ENVIRONMENTAL PROTECTION AGENCY IN THE AMOUNT OF
$500,000 AND TO ALLOW THE CITY MANAGER TO SIGN AS THE
AUTHORIZED REPRESENTATIVE FOR THIS PURPOSE (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY AND THE PALM DESERT HOUSING AUTHORITY).
Mr. Wohlmuth stated the grant application was reviewed by Planning
Department staff and their Sustainability Coordinator Missy Grisa, and they
have identified areas within the City where existing projects can be matched.
He knew there was concern for the use of additional General Fund revenues
in the amount of $500,000 if the grant was received, and his first response
is that it wouldn't hurt to apply and staff can return to the Council with the
specifics if the grant is awarded to the City. Secondly, all of the programs
already exist that are sustainability in nature in the areas identified between
Monterey Avenue, Portola Avenue, Fred Waring Drive, and Highway 111.
Some of the programs that can be used to match the funds are the Turf
Buy -Back Program, Community Gardens, Fruit Share Program, and the
Affordable Net -Zero Demonstration Homes along Alessandro Alley where the
City was purchasing lots and could use the remnant parcels for affordable
net -zero demonstrations. He reiterated the City had existing programs it can
match to the $500,000 federal grant if received.
Mayor/Chairman Finerty asked if what the City considered a match was also
what the Environmental Protection Agency (EPA) considered a match.
Assistant Planner Missy Grisa responded the EPA considered a match with
staff time, volunteer time, donations, and in -kind contributions to the project.
She said staff time alone would contribute a great portion as well as
contributions the City can obtain from members of the US Green Building
Council by volunteering their time to give tours of the Net -Zero
Demonstrations or collaborations the City may have with students at College
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2010
of the Desert. The City can use student time as a donation at a minimum
wage rate, and when you calculate those all out, it would be more than
enough to reach the 50% match. Further responding, she confirmed
General Funds would not be required, but potentially recycling or housing
funds may be requested, which were already set aside, but at this time staff
was not anticipating using them.
Mayor Pro TemNice Chairman Ferguson moved to, by Minute Motion, authorize
staff to submit an application for a Climate Showcase Communities Grant offered by the
Environmental Protection Agency in the amount of $500,000 and to allow the City Manager
to sign as the authorized representative. Motion was seconded by Benson and carried by
a 4-0 vote, with Kelly ABSENT.
K. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE
DESERT WILLOW OVERFLOW PARKING LOT PROJECT TO
COOLEY CONSTRUCTION, INC., IN THE AMOUNT OF $515,366
(CONTRACT NO. C29790, PROJECT NO. 614-09) (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Councilman/Member Spiegel moved to, by Minute Motion: 1) Award the subject
contract for construction of Desert Willow Overflow Parking Lot Project to Cooley
Construction, Inc., Hesperia, California, in the amount of $515,366; 2) authorize the Mayor
to execute the contract — funds are available in Redevelopment Agency Account No.
851-4663-454-4001, Project Area No. 2, Desert Willow Overflow Parking. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT.
XV. CONTINUED BUSINESS
A. REQUEST FOR AUTHORIZATION TO RELEASE SECURITY FOR
PRECISE PLAN NO. 07-01 (LONGS DRUG STORE) AND ACCEPT THE
ONE-YEAR MAINTENANCE BOND THEREFOR (LONGS DRUGS,
APPLICANT) (Continued from the meeting of June 24, 2010).
Mr. Erwin stated he reviewed all of the related agreements and found no
provision that would allow the City to hold the bond's pending occupancy.
Responding to question about interest in the building, Economic
Development Manager Ruth Ann Moore said she had spoken with the broker
who indicated there was a lease under negotiation, but not anything that
could be announced at this time.
Councilman Spiegel moved to, by Minute Motion, authorize release of the Security
for Precise Plan No. 07-01 (Longs Drug Store) and accept the one-year Maintenance Bond
therefor. Motion was seconded by Benson and carried by a 4-0 vote, with Kelly ABSENT.
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XVI. OLD BUSINESS
A. CONSIDERATION OF AN AMENDMENT TO THE CURRENT
REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS (CVAG) TO INCLUDE PROJECT
PHASING AND A TRIGGERING MECHANISM FOR FUTURE PHASE II
COOK STREET IMPROVEMENTS AND AUTHORIZE THE CITY MANAGER
AND CITY ATTORNEY TO WORK ON THE AMENDMENT (CONTRACT
NO. C23760, PROJECT NO. 601-05).
Responding to question, Mr. Wohlmuth said this project would widen Fred
Waring Drive to Frank Sinatra to six lanes.
Councilman Spiegel stated he understood the need to widen Fred Waring
Drive to Country Club Drive, but couldn't vote for the additional two lanes
from Country Club Drive to Frank Sinatra. However, he felt something
should be done about the water runoff at Country Club Drive and Cook
Street.
Mayor Finerty stated she understood the added sixth lane would not impact
the designated bike and golf cart lane on Cook Street. Mr. Greenwood said
that was correct.
Mayor Pro Tem Ferguson stated he couldn't understand Councilman
Spiegel's logic to wanting six lanes from Fred Waring Drive to Country Club
Drive, then down to four lanes to Frank Sinatra and back to six lanes to
Gerald Ford Drive.
Councilman Spiegel stated he recalled this matter being on a previous
agenda where the people that lived in those communities that abut the area
from Country Club Drive to Frank Sinatra were totally opposed. He didn't
know if the traffic flow warranted it and believed there would be opposition,
which was why he was opposed.
Mayor Finerty stated this project would be undertaken years down the road,
and asked staff how many years that would be.
Mr. Greenwood responded it was undetermined, and that Councilman
Spiegel was correct in that Cook Street didn't need to be six lanes at this
time, but at some point in the future it will be warranted. He said Coachella
Valley Association of Governments (CVAG) had been developing a series
of triggers to identify when projects need to be funded and when they need
to be built. One of those triggers is time and the other was traffic volume.
In Cook Street's case, staff was proposing a traffic volume in the range of
55,000 vehicles per day, which would then trigger the City's need to widen
the road in order to enjoy the Measure A Bond money for the project.
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Further responding, he said future traffic volume was expected mainly
because of the Freeway Interchange on Cook Street and its closeness to
University Park.
Mayor Pro Tem Ferguson asked if the City was being consistent with the
position it was taking with the City of Indian Wells.
Mr. Greenwood answered yes, because the City was fighting to have specific
criteria implemented in Indian Wells and applying similar criteria to Palm
Desert. However, he believed the volume thresholds are a little different,
because Indian Wells agreement preceded Palm Desert's.
Councilman Spiegel asked if the water runoff can be taken care of in the
interim.
Mr. Greenwood responded he couldn't say and would have to review the
funding.
Mayor Pro Tem Ferguson stated this action at a minimum provided notice to
the residents that Councilman Spiegel was concerned about, and ten years
from now or the year 2020 those residents may have to bear with another
lane of traffic.
Mr. Greenwood explained it was similar to the history of Fred Waring Drive
from Cook Street to Portola Avenue. There was a movement back in the
early or late 1980's to widen the street that impacted residents that fronted
Fred Waring, and the Council at that time provided a 10-year horizon where
it vowed not to widen it, but the time eventually came and Fred Waring was
widened.
Councilman Spiegel noted the City had to buy a lot of houses as well.
Mr. Greenwood agreed.
Mayor Pro Tem Ferguson stated that project went about as smoothly as
possible and Mayor Finerty added that aesthetically it was a huge
improvement.
Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Consider an amendment
to the current Reimbursement Agreement with CVAG to include project phasing language
and a triggering mechanism for future Phase II Cook Street Corridor Improvements; 2)
authorize the City Manager and City Attorney to prepare the Amendment. Motion was
seconded by Benson and carried by a 3-1 vote, with Spiegel voting NO and Kelly ABSENT.
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B. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE DIRECTOR TO
AWARD CONTRACT FOR THE KITCHEN/BUILDING EXPANSION
PROJECT AT DESERT WILLOW GOLF RESORT TO THE LOWEST
RESPONSIVE BIDDER (CONTRACT NO. R29450C) (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Councilmember/Member Benson moved to: 1) By Minute Motion, authorize the
Executive Director to award the subject contract to the lowest responsive bidder for the
Kitchen/Building Expansion Project at Desert Willow Golf Resort up to the project budget
of $2.95 million plus 20% (bids scheduled to be opened July 20, 2010); 2) By Minute
Motion, authorize the Director of Finance to set aside a 10% contingency for the project
(based on lowest responsive bid amount — use of which requires additional action);
3) Waive further reading and adopt Resolution No. 2010 - 61, approving a loan in an
amount not to exceed $500,000 from the City's Golf Course Maintenance Fund (Fund 241)
to the Desert Willow Golf Course Operating Fund (Fund 520) — funds for construction have
been included in the 2010-2011 Financial Plan in Project Area No. 2, Account No.
851-4663-454-4001. Motion was seconded Finerty.
Responding to question about why staff was requesting a 20% contingency
instead of the usual 10%, Redevelopment Manager Martin Alvarez said the
usual 10% was to accommodate the normal contingency, because staff
didn't have the ability to return with the actual pricing as bids will be opened
in July. Staff was requesting authorization for the Executive Director to have
flexibility to make adjustments to the project budget when the bids came in.
Mayor Pro TemNice Chairman Ferguson noted staff was asking for a
$600,000 flexibility.
Mr. Alvarez responded 10% would be set aside as the usual contingency,
and $300,000 for flexibility, which would not be used if bids came in at/or
below budget.
Councilman/Member Spiegel said the overall project was more than
$3 million for a kitchen expansion and questioned if it would be appropriate
to hold another City Council meeting.
Mayor/Chairman Finerty agreed. However, she thought it was poor
judgement to let people know what the City/Redevelopment Agency may be
willing to spend before bids are submitted.
Mr. Alvarez stated staff was presenting this item to the Council at this point
due to the summer City Council schedule.
Mayor/Chairman Finerty stated the City's finances needed to come ahead
of Councilmembers schedules and another meeting can take place.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2010
Responding to question, Mr. Alvarez said the bid opening was July 20, and
in order to meet the established schedule to lessen the impact to the peak
season and be complete by the end of December, was the reason why this
item was presented to the Council at this point.
Councilman/Member Spiegel asked if a meeting can be held after the bid
opening.
Mr. Wohlmuth answered yes, stating that Councilman/Member Kelly may not
be present, because he had expressed his vacation plans during that time.
He offered a compromise to the 20% contingency in that staffs
recommendation would be to consider $2.95 million, which was the
architect's estimate plus the 10% contingency. If the bids came in above that
amount, a special meeting can be called, but if not, it was because the bids
came in below the City's estimate.
Councilman/Member Spiegel agreed with Mayor/Chairman Finerty on why
broadcast what the City was willing to pay.
Mayor/Chairman Finerty noted another item on the Redevelopment Agency
agenda also broadcasted what the Agency was willing to pay. She would
rather meet at the end of the month and take up these two items.
Mr. Wohlmuth agreed to bring back the two items for a special City Council
meeting.
Mr. McCarthy pointed out it may require two special meetings in order to
accommodate both projects.
Mayor/Chairman Finerty said she will raise the same issue with the item on
the Redevelopment Agency agenda about broadcasting what the City was
willing to spend. She understood there was a time constraint, but believed
enough Councilmembers could gettogetherto meet. She said bids had been
coming in lower because of the economy, and people should be happy to
have a job, but for the City to broadcast what it was willing to spend was
ridiculous. She said the Council needed to send a loud and clear message
that the City was not looking at these estimates, but expecting to take
advantage of the economy and put people to work. Further responding on
whether to continue to a special or adjourned meeting. She said she was
looking at July 29, however, it may require two meetings as Mr. McCarthy
suggested.
Councilman/Member Spiegel suggested having the City Manager set the
date of the meeting based on Councilmembers schedules.
The followina substitute motion was made:
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2010
Mayor/Chairman Finerty moved to continue this matter to a Special or Adjourned
Meeting with date to be determined by the City Manager. Motion was seconded by
Spiegel and carried by a 4-0 vote, with Kelly ABSENT.
XVII. PUBLIC HEARINGS
None
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
July 7 Earthauake — Mr. Wohlmuth invited City Public Information Officer
David Hermann to provide an overview of yesterday's 5.4-magnitude
earthquake at 4:53 p.m.
Mr. Hermann reported that the good news was that the City did not appear
to have suffered any significant damage due to the quake, which occurred
about 20 miles south of Palm Desert. Palm Desert Police did not receive any
reports of damage or requests for medical assistance related to the
earthquake. Immediately following the shaking, Police Dispatchers did
receive numerous ringing alarm calls at businesses and residences;
Lt. Shouse confirmed that these were all cleared within an hour or so.
Palm Desert Police Officers also patrolled the City's business areas and
bridges looking for damage but found nothing to report. He went on to say
the only earthquake -related call that Palm Desert Firefighters responded to
was an initial report of damage at Westfield Palm Desert; but a full inspection
revealed that the only impacts from the quake were two small Tight fixtures
that were jarred loose but did not fall to the ground. The City's Building &
Safety Department received no reports of damage other than the
aforementioned light fixtures. He said the City also checked in with the
Palm Desert Chamber of Commerce, and as of this aftemoon, they had not
received any reports of earthquake -related damage at any of their member
businesses. Palm Desert's Housing Authority properties were also
undamaged. In a possible earthquake -related incident outside City limits, the
California Highway Patrol (CHP) reported that a motorist crashed late
Wednesday on Highway 74 south of Palm Desert near Bighorn Drive. The
vehicle reportedly struck rocks in the roadway and then crashed into the
mountain. The Desert Sun reported that the motorist was taken to the
hospital with a broken arm, but as of today the CHP had not confirmed
whether the earthquake dislodged the rocks in the road; although, slides
were reported in some areas after the quake. Finally, he said there was a
timely story in today's Palm Desert Sun about the City's new Earthquake
Brochure, which is loaded with helpful information about what to do before,
during, and after an earthquake. The brochures are free to the public and
available at City Hall, Visitor Center, and Palm Desert Chamber of
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2010
Commerce, with copies placed in the Council Chamber foyer today, along
with some he had with him for anyone who wanted a copy.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Request for Designation of Voting Delegate and Alternate(s) for the
League of California Cities 2010 Annual Conference,
September 15-17, San Diego.
Ms. Klassen stated in order to have a voting delegate at the League of
California Cities Annual Conference, the Council needed to take action to
make the appointment.
Mayor Pro Tem Ferguson moved to, by Minute Motion, designate Councilman
Robert A. Spiegel as the City of Palm Desert's Voting Delegate to the 2010 League Annual
Conference, September 15-17, in San Diego. Motion was seconded by Finerty and carried
by a 3-0-1 vote, with Spiegel ABSTAINING and Kelly ABSENT.
D. PUBLIC SAFETY
o Fire Department
In response to question about opening of the Fire Station garage
doors after yesterday's earthquake, Chief Cooley said there was no
damage to any of the stations nor any problems getting in or out of
them. With regard to the earthquake warning systems at some
stations that will open the doors, he was currently reviewing the
actions of those alarms and how well they function. Upon inquiry
about if they functioned, he was still getting information; but at this
time, he was unconvinced that the systems were performing in the
way that they've been described as functioning. He would bring more
information back as soon as possible.
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2010
o City Council Consideration of Travel Requests and Reports:
Please see Item 2 below regarding the CVAG Energy & Environment
Committee Meeting report for a related matter.
o City Council Committee Reports:
1. Palm Desert Energy Independence Loans — Mayor Pro Tem
Ferguson reported that regarding the City's Energy Loan
Program, the Federal Housing and Financing Agency (FHFA)
in Washington, D.C., announced that Fannie Mae and Freddie
Mac will no longer recognize the seniority of liens of AB 811
loans in Califomia and AB 811-like loans in 22 other states in
the U.S., effectively causing all of those programs to be
suspended as of 5:00 p.m. on Tuesday, July 6, pending a
state -by -state review by FHFA. The Department of Energy
and the White House immediately pulled their $150 million
program until they could obtain the underwriting criteria for
each of those states and sort them out. Fortunately, on initial
review and based on the statement issued by FHFA, Palm
Desert's criteria seem to be in alignment with their
requirements. Therefore, he felt that their pronouncement was
somewhat over broad, but the City has still had to suspend its
program for the time being.
Later in the meeting, Mr. Wohlmuth added that effective
Tuesday, July 6, at 5:00 p.m., the City will not be loaning
money for energy improvements to residential property but will
continue to loan money for commercial projects. He said in
response to questions that have been raised, City officials met
with their attorney today and will be monitoring FHFA's actions.
The City believes it has good criteria. FHFA will be developing
its own, and the City will try to mirror them as it moves forward;
hopefully, FHFA will make its decision quickly. He pointed out
that the City's other "Set To Save" Programs will continue on
as they have been.
2. CVAG Enerav & Environment Committee — Mayor Pro Tem
Ferguson went on to report that not so coincidentally, the
Committee passed a resolution today to seek a Feed -in Tariff
Program, requiring our service utility provider to buy electricity
generated by rooftop -mounted solar users in the City of Palm
Desert. Therefore, all the people who've taken advantage of
the City's EIP Program currently and who may want to in the
future will have their excess energy bought by Southern
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2010
California Edison. He said they were looking at $0.24 - $0.30
per kilowatt hour.
On a related matter, Mayor Pro Tem Ferguson commented
that he would be traveling to Germany with the President of the
Public Utilities Commission during the first week of August,
along with Mayor Finerty, at no expense to the City of
Palm Desert. He said there would be expense to him
personally, to the Public Utilities Commission, and the Energy
Coalition that is putting the trip together. He hoped the nine
cities of the Coachella Valley, Blythe, and unincorporated
Riverside County would become a demonstration area for the
program, which ought to make conventional lending for these
types of programs much more attractive and may replace or
make the transition period during the aforementioned
suspension much more easy to swallow.
Mayor Finerty added that also at the E & E Meeting,
Supervisor Benoit was very supportive of a Feed -in Tariff
concept, realizing that it is on the horizon and was glad to see
that CVAG is already working with Southern California Edison
to this end.
o City Council Comments:
None
XIX. ADJOURNMENT
Upon a motion by Spiegel, second by Ferguson, and 4-0 vote of the City Council,
with Kelly ABSENT, Mayor Finerty adjourned the meeting at 5:24 p.m.
ATTEST:
RAHELLE D. KLASSEN, •;ITY CLERK )
CITY OF PALM DESERT, CALIFORNIA
C�Y' FIN , MAY
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