HomeMy WebLinkAbout2010-06-24MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 24, 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 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro Tem Jim Ferguson
Councilman Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Cindy Finerty
Also Present:
John M. Wohlmuth, City Manager/RDA Executive Director
David J. Erwin, City Attorney/RDA Executive Director
Justin McCarthy, ACM for Redevelopment
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
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
Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs 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 JUNE 24, 2010
IV. ADJOURN TO CLOSED SESSION
Request 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: Lease Property - APN 622-260-082
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Palm Desert Redevelopment Agency
Other Parties: Riverside County Sheriffs Department
Under Negotiation: x Price x Terms of Payment
4) Property: Lease Property - Parkview Professional Office Complex,
73710 Fred Waring Drive, Suite No. 106, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Coachella Valley Economic Partnership
Under Negotiation: x Price x Terms of Payment
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
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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 Benson, and unanimous vote of the City
Council, Mayor Finerty adjourned the meeting to Closed Session at 3:01 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 - Councilman Richard S. Kelly
VIII. ORAL COMMUNICATIONS - B
MS. ELEONORA MALACHOWSKA, 77-682 Country Club Drive, Suite L,
Palm Desert, said she purchased an existing small restaurant in the City that,
unfortunately, had a terrible location. Because no one could find her, she had been
placing a sign outside along Country Club Drive. Her ability to gain exposure for her
business was very limited with only signage on the building that was located in the
back of the center. In these difficult economic times, she asked if there was a way
for the City to allow small business owners to place temporary directional or hours
of operation signs.
MR. STAN ANDERSON, General Manager of Casey's Restaurant located at
Washington Street and Avenue of the States, Palm Desert, commented that they'd
been working with Redevelopment Manager Martin Alvarez and Project Coordinator
Heather Buck and had submitted a proposal to buy the property. He wanted to
advise the City Council/Agency Board that he'd recently come on board to assist
Casey, and this summer they'd like to both accelerate the process of demolishing
the former hotel office on the site, then begin the process of enhancing the property.
He noted that it was an old building, and they've been in discussions for some time.
They felt it was important that they make an appearance before the City Council
and let it be known how serious they are about the project. They want to make it
a better piece of property and safer for their clientele, whose average age is over
50, and the parking lot and lighting there need some work for this purpose. He
commented that this location was somewhat of a gateway to the City, very visible
from Washington Street. It was important to them to begin upgrading the property
and make it a more effective business location. He noted that there is currently an
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access issue from Washington Street that was rather dangerous being so close to
the intersection with Avenue of the States. The plans to remodel and enhance the
parking lot area include relocating the access driveway further south on the site. He
hoped the City Council/Agency Board would favorably consider their time sensitive
issue after working on it the past couple of years; their customers were looking
forward to the project as well.
MR. TIM BARTLETT, Salt Cedar Street, Palm Desert, said he'd been watching how
the Federal Govemment was spending its way into an "economic Armageddon,"
and while doing that, he thought he should see what his own City of Palm Desert
was doing. He made a request of staff back in December to find out what the City's
expenses, revenues, savings, and debt were. He didn't have a real figure for that,
because apparently no one knew those numbers off the top of their head. However,
from what he could understand, Palm Desert owes $800 million, a shocking amount;
although, the City continued to spend and borrow money. He noted that amount
was nearly $1 billion, incredible for a small town and represented over $40,000 for
every household in Palm Desert. He started looking at where the money was going,
some of the more recent developments, such as the Visitor Center with $7 million
in land and gardens, $6.4 million in the Henderson Building, and $4.6 million in the
Visitor Center itself —close to $20 million. He understood the City was excited about
the Palm Springs Art Museum, which was a good choice, but to throw away a
$20 million investment for $1.00 return seemed foolish, even though he agreed
there was some economic benefit from having the Art Museum there. But that was
not the way that most developers looked at projects; they looked at the bottom line,
and he believed it was time the City started doing the same. Palm Desert residents
would be shocked to discover that the City was nearly $1 billion in debt, and
residents had no idea. He looked at other projects, like the pool that he wanted to
speak about, but he missed the joint meeting that came up and went by very
quickly. The City was going to spend $11.3 million for an Olympic swimming pool
in a community where many residents already had a pool at their home. After doing
his own research, Olympic swimming pools cost between $1 million and $3 million
if they are enclosed, and this one's not enclosed. It will include a wading pond/pool,
which was another million, and a 7,000 square -foot dressing room that made no
sense, especially today given all the problems with public restrooms. Additionally,
it included a multi -purpose room, and he thought there were a great plenty of those
in the City already. Another project he didn't understand was the $5 million slated
for El Paseo; he didn't recall it being approved, but now it was in the budget. The
City was spending money like everything was going along fine, but it wasn't; the
State and U.S. Governments were in big trouble, along with the worldwide situation.
He thought the pool project was utter insanity.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION TO RECOGNIZE THE
PALM DESERT HIGH SCHOOL BASEBALL TEAM FOR WINNING THE
CIF SOUTHERN SECTION DIVISION IV CHAMPIONSHIP.
Mr. Wohlmuth noted that the Palm Desert High School Athletic
Director/Baseball Coach was out of town, and he asked the Mayor to
continue the presentation to the meeting of July 8.
B. PRESENTATION TO THE CITY OF PALM DESERT BY THE
RIVERSIDE COUNTY DEPARTMENT OF PUBLIC HEALTH —
RECOGNIZING THE CITY FOR PROTECTING THE HEALTH OF ITS
CITIZENS.
MS. CONSUELA EDMOND, Public Health Program Coordinator II, Riverside
County Department of Public Health, presented Mayor Finerty with an
engraved crystal statue to recognize the City for its very proactive approach
to protecting its citizens and visitors against exposure to secondhand smoke.
C. PRESENTATION OF UPDATE FROM SOUTHERN CALIFORNIA EDISON
(SCE) PUBLIC AFFAIRS MANAGER KATHLEEN DEROSA REGARDING
ENERGY INFRASTRUCTURE UPGRADES OCCURRING THROUGHOUT
THE CITY.
MS. DEROSA reported that Edison serves about 14 million customers over
50,000 square miles. Palm Desert is served by the Palm Springs Service
Center, which serves approximately 146,000 customers with 22 substations
in the Coachella Valley, 28,000 poles, and 25,000 transformers. The area
is served by 10 planners, six (6) four -man crews, six (6) trouble men, and 39
meter readers. She went on to say that SCE is planning for the future to
help meet the region's growing energy demands through advanced
technology —environmental opportunities, SmartHomes, SmartGrids, and
generation. In the City of Palm Desert over the last year, SCE has spent just
over $1.3 million to upgrade the system in the City with new circuitry, new
underground equipment, some maintenance items, and they are currently
working with City staff on an area of the community that wishes to
underground its lines. SCE is working to build a smarter, more efficient grid;
working on the new Devers project to bring increased transmission power to
the Coachella Valley from Blythe into Devers to increase the grid capacity as
they look to put more renewable power online. SmartGrid will allow higher
transmission power, integrate renewable generation, and SCE is working
with a number of renewable generators, solar projects, that are coming to the
Desert Center area. A smarter grid will help prevent the catastrophic failures
that have happened in the past, with the area configured as it is as part of
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seven states, so the SmartGrid technology will help with that. She
acknowledged the City's pioneering "Set To Save" Program that has been
highly successful, and SCE continues as a partner to get kilowatt savings for
the City and its residents. She highlighted several programs of interest to the
Council:
— Energy Management Assistance Program for those who qualify by income,
they could possibly be entitled to free replacement of appliances (e.g. air
conditioners, refrigerators). Interested persons need to contact Edison, and
if they qualify for CARE, they may be qualified for this program too.
— SmartConnect Meters are due to the area October -November, and meters
of all Coachella Valley residents will be changed out by 2012.
— Personal Electric Vehicles, which Edison has been working on since 1988.
Technology has come to a new height, and more and more individuals are
interested in these plug-in electric vehicles. People are asked to notify
Edison if they are considering such a purchase so that adequate power can
be available, and there is also a special rate for those vehicles.
MS. DEROSA went on to say that Edison continues to be an environmental
steward, continuing to put more and more renewable power into its portfolio,
with 441 megawatts of solar generation and 95% of the contracts with the
wind energy produced along 1-10. Additionally, it has met its goal of 20% for
2010, which is a challenge given the rate of technological change and its
demands for the grid. She thanked the City Council for the opportunity to
make this presentation and offered to answer questions.
Mayor Pro Tem Ferguson said the most frequently asked question he's had
in the last 45 days is the reason for all the power outages in the
City —seemingly more in that time frame than over the last 10 years.
MS. DEROSA agreed that there had been a number of challenges, which
concerned her too. She said a major substation went down, she'd spoken
with Mr. Wohlmuth about it, and crews worked there around the clock a week
ago to install two brand new circuits to totally upgrade that substation. With
regard to why now, she said they've found that additional outages are
experienced during the May -June time frame because after the equipment
has laid in the cool ground prior with little usage or impact, during this time
of year, the load increases, the ground heats up, and more and more
challenges occur. She said a number of outages happened here that were
purely failures, but they've gone in and made major changes to that circuitry,
adding major circuits to one particular substation. In further response, she
said Edison hoped the worst was over — making sure there were no more
outages. Capacity had been increased in that substation significantly, but
there were always unforeseen circumstances, just as with any piece of
equipment. She said there were two circuits in one substation that caused
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99% of the problems that were experienced, but they were now both
replaced.
Councilman Kelly said he had a constituent who installed solar panels on his
roof and applied for the Edison rebate, but it had been over a year that he'd
been waiting for the rebate.
MS. DEROSA replied that there was the California Solar Initiative Program,
and the constituent's vendor would probably have applied for him. She said
the system had to be inspected, and she provided her telephone number for
the constituent to call for help: (760) 202-4211.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 10, 2010.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 244, 247, and 248.
Rec: Approve as presented.
C. STATE CONTROLLER'S AUDIT REPORT on the Special Gas Tax Street
Improvement Fund for the Period of July 1, 2007, through June 30, 2008.
Rec: Receive and file.
D. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Marketing Committee Meeting of May 18, 2010.
2. Public Safety Commission Meeting of May 12, 2010.
Rec: Receive and file.
E. LETTER OF RESIGNATION from Lee Morcus — Marketing Committee
Rec: Receive with very sincere regret.
F. RESOLUTION NO. 2010 - 39 - A Resolution of the City Council of the City of
Palm Desert, California, Setting Forth its Findings and Authorizing the
Destruction of Files from Code Compliance that Have Been Digitally
Imaged — Files Dated 2008.
Rec: Waive further reading and adopt.
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G. REQUEST FOR AUTHORIZATION to Review the City's Conflict of Interest
Code.
Rec: By Minute Motion, authorize staff to make a formal review of the City's
Conflict of Interest Code and, if necessary at the appropriate time
thereafter, prepare a resolution to be adopted by the City Council to
effect the required amendments.
H. REQUEST FOR AUTHORIZATION to Solicit Bids for Civic Center Roof
Replacement (Contract No. C29890, Project No. 726-11).
Rec: By Minute Motion, authorize staff to solicit bids for the Civic Center
Roof Replacement Project — funds are available in Account
No. 450-4161-415-4001 - Capital Reserve - Building Maintenance,
which were set aside specifically for major maintenance projects for
City -owned buildings.
I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29240 — Civic
Center Parkway Turf Retrofit Project - Phase I (Project No. 962-10) (Leon's
Landscaping & Tree Service, Thousand Palms, 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. C29610 —
2010 Citywide Slurry Seal Project (Project No. 751-10) (Roy Allan Slurry
Seal, Inc., Santa Fe Springs, 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 Streamline the Use of Vendors for the
Public Works Department by Granting Exception to Bidding Requirements
and Approving the Original Equipment Manufacturer (OEM) Vendor List and
the Public Works Various Vendors and Qualified Service Providers List for
Fiscal Year 2010-2011.
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 2010-2011; 2) approve the OEM Vendor List; 3) approve
the Public Works Various Vendors and Qualified Service Providers
List.
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L. REQUEST FOR APPROVAL of One-year Renewal (Amendment No. 2) of
the Contract between the City of Palm Desert and Delta Dental of California
through June 30, 2011 (Contract No. C27650).
Rec: By Minute Motion, authorize the Mayor to execute Amendment No. 2
to the subject contract with Delta Dental of California through June 30,
2011.
M. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU)
Between the Volunteer Center of Riverside County and the City of
Palm Desert to Participate in the 2-1-1 Riverside County Program (Contract
No. C29900).
Rec: By Minute Motion, authorize: 1) The Mayor to execute an MOU
between the County of Riverside and the City of Palm Desert as it
relates to participation in the 2-1-1 Riverside County Information and
Referral Program; 2) expenditure of funds in the amount of $6,440.07
from Account No. 110-4800-454-3880 - Outside Agency Funding - for
this purpose.
N. REQUEST FOR APPROVAL of the 2010 Palm Desert ATHENA Scholarship
Award Agreement with California State University, San Bernardino (Contract
No. C24305).
Rec: By Minute Motion: 1) Approve an agreement with California State
University, San Bernardino, to establish the 2010 Palm Desert
ATHENA Scholarship Fund; 2) authorize the City Manager to sign the
subject Agreement.
O. REQUEST FOR APPROVAL of an Addendum to Contract No. C27390 in an
Amount Not to Exceed $5,000 for Miscellaneous Repairs to the City of
Palm Desert's Public Art Collection and the El Paseo Invitational Exhibition.
Rec: By Minute Motion, approve an Addendum in an amount not to exceed
$5,000 to the subject contract with Same Day Express, Palm Desert,
California, to perform miscellaneous repairs to the City of
Palm Desert's Public Art Collection and the El Paseo Invitational
Exhibition — funds are available in Account No. 436-4650-454-3372.
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P. REQUEST FOR AWARD OF CONTRACT to Coachella Valley Printing
Group for Printing of the Bimonthly BrightSide Newsletter for Fiscal
Year 2010-2011, With a One-year Extension Provision (Contract
No. C29910).
Rec: By Minute Motion: 1) Reject low bidder The PM Group; 2) award the
subject contract for printing of the BrightSide Newsletter in the amount
of $35,425 for FY 2010-2011 to Coachella Valley Printing Group,
Indio, California, with a one-year extension provision; 3) authorize the
Mayor to execute the subject contract — funds are included in the
proposed Financial Plan for 2010-2011 in the BrightSide Newsletter
Account, No. 110-4417-414-3026.
Q. REQUEST FOR APPROVAL of a $36,600 Expenditure for Postage for the
Bimonthly BrightSide Newsletter, Fiscal Year 2010-2011.
Rec: By Minute Motion, approve the expenditure of $36,600 for the
United States Postal Service to cover six months of postage for the
bimonthly BrightSide Newsletter — funds have been included in the
proposed Financial Plan for 2010-2011 in the BrightSide Newsletter
Account, No. 110-4417-414-3026.
R. REQUEST FOR AUTHORIZATION to Reimburse Art In Public Places Fee
in the Amount of $40,000 for "The Messengers" by John Richen for Sacred
Heart Church, 43-775 Deep Canyon, Palm Desert (Sacred Heart Church,
Applicant).
Rec: By Minute Motion, authorize the reimbursement of Art In Public
Places Fee in the amount of $40,000 for "The Messengers" by
John Richen as the art component for Sacred Heart Church located
at 43-775 Deep Canyon, Palm Desert — funds are available in
Account No. 436-0000-312-2700.
S. 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).
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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T CONSIDERATION of Request for Funding to Sponsor the Palm Desert
Golf Cart Parade on Sunday, October 31, 2010.
Rec: By Minute Motion: 1) Approve a $25,000 contribution and in -kind
Public Works Services for the Palm Desert Golf Cart Parade;
2) permit the sale, possession, and consumption of alcoholic
beverages on City -owned property in connection with the event;
3) authorize the closing of El Paseo for the event — funds have been
included in the proposed Financial Plan for 2010-2011, Community
Events, Account No. 110-4416-414-3061.
U. REQUEST FOR RATIFICATION of Legislative Opinion Letter for AB 1873
(Huffman) — Property Assessed Clean Energy Bonds.
Rec: By Minute Motion: 1) Ratify a legislative support letter dated June 1,
2010, for AB 1873 signed by the City Manager; 2) authorize the Mayor
to sign a legislative support letter for AB 1873.
V. REQUEST FOR AUTHORIZATION to Apply For and Accept the United
States Department of Justice BJA Justice Assistance Grant (JAG) Program
FY 2010 Local Solicitation.
Rec: By Minute Motion, authorize staff to apply for and accept the United
States Department of Justice BJA Justice Assistance Grant (JAG)
Program FY 2010 Local Solicitation.
W. INFORMATIONAL REPORT on Renaming of the New Banquet Spaces,
Terrace, Dining Room, Salons, Ballroom, and Intrawest Room at the
Desert Willow Golf Resort.
Rec: Receive and file.
Councilman Spiegel requested Item S be removed for separate
consideration under Section XI, Consent Items Held Over.
Upon a motion by Ferguson, second by Benson, and 5-0 vote of the City Council,
the remainder of the Consent Calendar was approved as presented.
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Xl. CONSENT ITEMS HELD OVER
S. 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).
Councilman Spiegel stated Longs Drug Store was built at the corner of
Highway 111 and Deep Canyon Road, and the Applicant was requesting
release of the performance security in the amount of $381,000 for grading
and off -site improvements. However, the applicant decided not to move in
and the building now sits empty when originally a good hotel was torn down.
He asked if there was any way to obligate the Applicant to have the building
occupied before releasing the bond.
Dave Erwin responded he didn't think so, but agreed to review the
agreement that the bonds were posted for and asked for a continuance of
this item to the next meeting.
Councilman Spiegel moved to, by Minute Motion, continue the matter to the meeting
of July 8, 2010. Motion was seconded by Ferguson and carried by a 5-0 vote.
XII. RESOLUTIONS
A. RESOLUTION NO. 2010 - 40 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE
LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2010-2011.
Councilmember Benson moved to waive further reading and adopt Resolution
No. 2010-40. Motion was seconded by Kelly and carried by a 5-0 vote.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1214 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 11.01 - GENERAL PROVISIONS, PARKS / TRAILS
MANAGEMENT - OF THE PALM DESERT MUNICIPAL CODE.
Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance
No. 1214. Motion was seconded by Spiegel and carried by a 5-0 vote.
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XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE
2010 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
PALM DESERT ON TUESDAY, NOVEMBER 2.
Councilman Spiegel moved to waive further reading and adopt: 1) Resolution
No. 2010 - 41 - calling for the holding of a General Municipal Election to be held on
Tuesday, November 2, 2010, for the election of certain officers; 2) Resolution No. 2010 -
42 - requesting the Board of Supervisors of the County of Riverside to consolidate a
General Municipal Election to be held on Tuesday, November 2, 2010, with the Statewide
General Election to be held on the date; 3) Resolution No. 2010 - 43 - adopting regulations
for candidates for elective office pertaining to candidates' statements submitted to the
voters at said Election. Motion was seconded by Kelly and carried by a 5-0 vote.
B. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR
PROPOSALS (RFP) FOR THE COUNCIL CHAMBER AUDIOVISUAL
UPGRADES AND ADMINISTRATIVE CONFERENCE ROOM UPGRADES
AS OUTLINED IN THE JUNE 24, 2010, STUDY SESSION (CONTRACT
NO. C29920).
Responding to question, Information Systems Manager Clayton Von Helf
said the consensus was to fix the audio and visual components and abandon
the overhead camera. He said staff will solicit bids and return to Council for
the final approval; funds are available in Fund 400 to cover the costs, which
will include the Administrative Conference Room upgrades.
Councilman Spiegel moved to, by Minute Motion, authorize staff to issue an RFP
to upgrade the audio/visual components in the Council Chamber and the Administrative
Conference Room, as outlined in the Study Session with the project to incorporate
everything provided in the presentation hand-out Cost Summary except the overhead
document camera —funds are available in Fund 400 to cover the cost of the improvements,
no additional appropriation is required. Motion was seconded by Ferguson.
Councilman Kelly stated he hoped there was a consensus on having a
microphone with a cue system for City Council meetings, stating he wasn't
that concerned about having it in the ACR because those meetings were
informal.
Mr. Von Helf responded a cue system can be designed with a control that is
easy to operate. Further responding, he said a timer can also be included
in the design.
Mayor Pro Tem Ferguson clarified the back cover of the report distributed
Tuesday to the Council as an addendum included a cost summary, and the
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motion is for approval of everything listed on the cost summary with the
exception of the overhead document camera.
Ms. Klassen concurred.
Mayor Finerty called for the vote and it carried by a 5-0 vote.
C. REQUEST FOR AWARD OF CONTRACT FOR TRAFFIC SIGNAL
INSTALLATION AT FRANK SINATRA DRIVE AND GERALD FORD DRIVE
TO SIERRA PACIFIC ELECTRICAL CONTRACTING IN THE AMOUNT OF
$220,700, AND AUTHORIZE THE ACCEPTANCE OF AGREEMENT AND
GRANT OF EASEMENT FOR SAME (CONTRACT NO. C29690, PROJECT
NO. 557-05).
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract for
Traffic Signal Installation at Frank Sinatra Drive and Gerald Ford Drive in the amount of
$220,700 to Sierra Pacific Electrical Contracting, Riverside, California; 2) authorize the
Director of Finance to set aside a 10% contingency in the amount of $22,070; 3) authorize
the Mayor to execute the contract; 4) authorize the Mayor to execute Acceptance of the
Agreement and Grant of Easement for the Traffic Signal Installation at Frank Sinatra Drive
and Gerald Ford Drive — funds are available for this project in Account
No. 234-4264-422-4001 - Traffic Signals — no General Fund money is being expended for
this project. Motion was seconded by Kelly and carried by a 5-0 vote.
Mayor Pro Tem Ferguson asked for the status on the traffic signal at the
comer of Portola Avenue and Frank Sinatra.
Mr. Greenwood responded the project was progressing well with staff
recently working out the last utility conflicts with Southem Califomia Edison
and hoped to start construction this fall.
D. REQUEST FOR AWARD OF CONTRACT FOR THE 2010 CITYWIDE
STRIPING PROGRAM TO J P STRIPING, INC., IN THE AMOUNT OF
$84,220 (CONTRACT NO. C29700, PROJECT NO. 564-10).
Councilman Kelly moved to, by Minute Motion: 1) Award subject contract for the
2010 Citywide Striping Program in the amount of $84,220 to J P Striping, Inc., Beaumont,
California, and the Mayor to execute same; 2) authorize the Director of Finance to set
aside a 10% contingency in the amount of $8,422 for this project — funds are available in
General Fund Account No. 110-4315-433-3320, Striping and Legends. Motion was
seconded by Ferguson and carried by a 5-0 vote.
14
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
E. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE
2010 CITYWIDE RESURFACING PROJECT TO MATICH CORPORATION
IN THE AMOUNT OF $1,990,803 (CONTRACT NO. C29720, PROJECT
NO. 752-10).
Councilman Kelly moved to, by Minute Motion: 1) Select the warm -mix asphalt
alternative; 2) award the subject contract for Construction of the 2010 Citywide Resurfacing
Project in the amount of $1,990,803 to Matich Corporation, San Bernardino, California;
3) authorize the Mayor to execute said contract — funding is available in General Fund
Street Maintenance Account, No. 110-4311-433-3320, New Construction Tax Parking Lot
Maintenance Account, No. 231-4313-433-3320, and the Gas Tax Street Maintenance
Account, No. 211-4311-433-3320. Motion was seconded by Ferguson.
Councilman Spiegel stated the staff report indicated rubberized asphalt will
not be used for this project, which he thought was a quieter asphalt than the
other alternatives for the residents.
Mr. Greenwood stated he agreed, but studies are saying that rubberized
asphalt starts out a bit quieter, but over the course of four or five years it
loses that advantage. He said there was a price penalty to pay, and given the
condition of the streets, staff wanted to stretch its budget this year. Further
responding, he said the City had been doing rubberized asphalt exclusively
for eight to ten years, but staff has used a different kind of environmental
pavement like warm -mix asphalt, which produces fewer emissions into the
air in its manufacturing and laying. He said it would be swapping one
environmental benefit for another.
Mayor Finerty called for the vote and the motion carried on a 4-1 vote, with Spiegel
voting NO.
F. REQUEST FOR APPROVAL OF AN AB 2766 MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF PALM DESERT AND
THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG),
INCREASING THE CITY'S CONTRIBUTION FROM 45% TO 100% FOR UP
TO ONE YEAR TO THE REGIONAL PM10 STREET SWEEPING
PROGRAM (CONTRACT NO. C29930).
Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Approve of the AB 2766
MOU between the City and CVAG, increasing the City's contribution from 45°A) to 100% for
up to one year to the Regional PM10 Street Sweeping Program; 2) authorize the Mayor to
execute the MOU on behalf of the City. Motion was seconded by Benson and carried by
a 5-0 vote.
15
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
G. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT WITH
FURINO GREENE CREATIVE INC. IN THE AMOUNT OF $200,000 FOR
ADVERTISING SERVICES AND EXPENDITURES FOR THE EL PASEO
BUSINESS IMPROVEMENT DISTRICT (CONTRACT NO. C29211).
Responding to question, Economic Development Manager Ruth Ann Moore
said this contract did not impact the General Fund.
Mayor Pro Tem Ferguson stated these funds were monies the City passed
through as a special assessment fee.
Councilman Spiegel moved to, by Minute Motion: 1) Approve Amendment in the
amount of $200,000 ($42,000 in Agency Services, $158,000 in Advertising and
Promotional Expenditures) to the subject contract with Furino Greene Creative Inc., Palm
Desert, California; 2) authorize the Mayor to execute said Contract Amendment — funds
have been included in the proposed Financial Plan for 2010-2011 - Other Advertising,
Account No. 271-4491-464-3215. Motion was seconded by Ferguson and carried by a 5-0
vote.
H. CONSIDERATION OF HOSTING THE RIVERSIDE SHERIFF'S
ASSOCIATION 15TH ANNUAL K-9 TRIALS AT PALM DESERT'S
FREEDOM PARK ON NOVEMBER 12-13, 2010.
Mr. Aryan noted the staff report and offered to answer any questions.
Councilman Kelly noted the K-9 Trials were being held November 12 and 13,
and the Veteran's Day Celebration will be held on the 11th at Freedom Park.
He questioned whether this was an opportunity to work jointly where the
chairs used for one event can be used for the other and wondered if one
event had to be rescheduled.
Mr. Aryan responded the Veteran's Day Celebration will be held on the 11
with the K-9 Trials on the 12 and 13, stating they are two separate events
with separate set-ups. Further responding, he said staff met with the
marketing staff to make sure there were no conflicts with either event.
Mayor Pro Tem Ferguson agreed the chairs used on Thursday can be used
the following day for spectators.
Mayor Finerty pointed out that on Friday the park will be closed to the
general public and opened on Saturday.
Councilman Kelly asked if any thought was given to the Veteran's Day
Celebration, which was his main concern.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
Mr. Aryan answered yes and agreed to look into the possibility of rolling the
use of the chairs into the other event by checking with The Riverside Sheriffs
Association (RSA).
Councilman Kelly stated last year's event was wonderful and Ms. Kneiding
did a great job. He asked if the same set-up as last year would be used.
Marketing Manager Kristy Kneiding said the format will remain the same with
the tent and chairs. She said staff met to plan logistically for the K-9 Trials,
and determined there were no conflicts or materials needing to be saved
over. Typically for the Veteran's Day event, the tent and chairs are set up
first thing in the morning and taken down that afternoon. As mentioned by
the Mayor, the park is closed to the general public on Friday and the chairs
could become an issue of storage if rolled over for the next event. She said
the Veteran's Day event will be as good as it was last year with no changes
needing to be made.
Councilman Spiegel moved to, by Minute Motion, approve: 1) Hosting of the
Riverside Sheriffs Association 15`h Annual K-9 Trials at Palm Desert's Freedom Park on
November 12-13, 2010; 2) issuance of a Temporary Use Permit outlining special
requirements as indicated by the event organizers/staff and outlined within the staff report;
3) request by the Riverside Sheriffs Association to waive the Business License Fee
Requirement for Exhibit Vendors who will be selling event-themed items on November 12-
13, 2010. Motion was seconded by Ferguson and carried by a 5-0 vote.
I. CONSIDERATION OF A REQUEST FOR FUNDING TO SPONSOR
FASHION WEEK EL PASEO 2011 (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Councilmember/Member Benson moved to, by Minute Motion: 1) Approve a $50,000
sponsorship for the 2011 Fashion Week Event; 2) authorize up to $10,000 in -kind City
services and fees; 3) authorize use of the Agency -owned lot at the northeast comer of
Shadow Mountain Drive and Larkspur; 4) permit the consumption of alcoholic beverages
on Agency -owned property; 5) authorize the Mayor/Chairman to execute the sponsorship
contract (Contract No. C29940)—funds have been included in the proposed Financial Plan
for 2010-2011, Community Sponsorships, Account No. 110-4416-414-3062. Motion was
seconded by Ferguson and carried by a 5-0 vote.
17
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
J. REQUEST FOR AUTHORIZATION TO SUSPEND PALM DESERT
MUNICIPAL CODE CHAPTER 25.68 - SIGNS, SECTION 25.68.050 (M) -
PROHIBITED SIGNS - FOR A PERIOD OF 60 DAYS TO ALLOW THE
DISPLAY OF TEMPORARY OFF -SITE SIGNAGE FOR RETAIL
BUSINESSES.
Councilman Spiegel moved to, by Minute Motion, authorize a 60-day suspension
of Chapter 25.68 - Signs, Section 25.68.050 (M) - Existing Off -site Signage Prohibition -
to allow retail businesses temporary off -site signage not located within the public right-of-
way, as requested by several small business owners. Motion was seconded by Kelly.
Councilman Spiegel stated that anything the Council can do to help small
businesses at this time was appropriate.
Mayor Finerty asked if the Council had already made an exception by
allowing the A -frame signs to help businesses.
Assistant Planner Kevin Swartz said A -frame signs were not allowed, but the
pedestal signs were allowed outside in front of the store front.
Mayor Finerty stated there was an A -frame sign at the new restaurant that
just opened The Third Comer and noticed pedestal signs on El Paseo. She
questioned what other kinds of signs were being considered.
Mr. Swartz responded there were no sign standards, but the typical ones
used resembled real estate signs. The real purpose is to address
businesses that were not located on a primary street such as Karen's Cafe,
which was tucked behind a building with no visibility off the main street.
Therefore, Karen's Cafe had a sign on the main street on Country Club
Drive.
Mayor Finerty questioned if staff was concemed about too many signs or
was the Sign Ordinance redone to try to assist businesses to make it easier,
yet a few months later, the Council was faced with the same matter.
Mr. Swartz said staff thought it would be appropriate for a 60-day trial period
to observe.
Councilman Kelly stated he visited Karen's Cafe and a group there having
breakfast came to Palm Desert specifically to ride their bicycle. Evidently,
there is a program that attracts people for the purpose of riding the bike
route. The group noticed the signage on their bike route, and the following
day they went to Karen's Cafe for breakfast. He said during the summer
months signage will help those businesses located off a main thoroughbred,
especially during these stressful times.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
Councilmember Benson stated that often when one enters a shopping center
such as this one, there is an overall sign that tells what businesses were to
the rear and wondered if something like that can be done instead of
addressing this every summerforthose businesses that depend on open -like
restaurants. She suggested that during these 60 days staff can see if there
was some way to install a permanent directional sign.
Mr. Swartz agreed to look into that possibility.
Mayor Pro Tem Ferguson stated he would like to have standards and
guidelines with these signs, because ruining the aesthetics of the City in an
attempt to help businesses was not logical. He said if a business can't be
found when it's busy, why would one find it when it's slow. He said one can
walk from one end of El Paseo from Highway 74 to the other end and it's like
a slalom race avoiding the single pole stand-alone signs that the City's retail
establishments deliberately put right in the middle of the sidewalks, so you
have to walk around them and there's nothing you can do to avoid them so
you read them. He didn't think the signs made any more pedestrians go into
the shops, but they make a mess to try and walk on El Paseo. He agreed
with the Mayor that the Council had relaxed its Signage Ordinance to try and
help businesses, and he was in favor of helping them, but the sign for
Karen's Cafe was crooked and sticking out on the public right-of-way, which
looked like junk. Additionally, the City just went through a campaign season
where every politician and their brother stuck their signs wherever they felt
like it. He said the City didn't allow sign hangers yet Dominoes in the past
week hung them on every commercial establishment in the City, and it also
didn't allow "dazzlers," who were people that swung signs on street corners.
He said businesses that installed neon flashing signs at every commercial
center would have more signage, but where would the line be drawn in
keeping the community clean and nice -looking along the lines that
Councilmember Benson was suggesting. He wasn't expecting an answer
from staff, but just stating the sensitivity to this issue. He said if 60 days will
be spent studying this matter, he was looking for a thoughtful balance on
those two issues. He will go along with the 60-day trial period, but felt that
sticking a sign wherever one pleased was not acceptable on a permanent
basis.
Mayor Finerty called for the vote and it carried on a 5-0 vote.
XV. CONTINUED BUSINESS
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
XVI. OLD BUSINESS
A. REQUEST FOR AUTHORIZATION FOR STAFF TO PROCEED WITH
TRAFFIC SIGNAL SYNCHRONIZATION PROJECT WITH THE CITY OF
RANCHO MIRAGE (PROJECT NO. 555-10)
Councilman Spiegel stated it seemed to him the City kept spending money
on synchronizing signals and here was another request in the amount of
$78,000. He didn't think the City's signals were synchronized and
questioned if this request was a good thing.
Mr. Greenwood responded it was partly a good thing because other people's
money was brought to the table. The City received a grant from Air Quality
Management District (AQMD) - Mobile Source Air Pollution Reduction
(MSRC) program that will be paying 50% ($39,450) of the $78,900 total, and
the City of Rancho Mirage will be paying 20% of the project. He said this
would be the first time Monterey Avenue would conduct coordination for
synchronization with no construction required. Work will entail engineering,
timing, and adjustment of controller to synchronize the signals. He agreed
there have been a lot of synchronization projects, but never on Monterey
Avenue, stating Highway 111 was an example of the biggest success on
coordination as it was now much better to drive on than previous years.
Councilman Spiegel agreed, but he didn't see a lot of vehicles backed up on
Monterey Avenue due to traffic signals.
Mr. Greenwood responded that at certain times of the day it can get very
congested at Country Club and in some of the more major arterials.
Councilman Kelly disagreed that a project should be approved just because
funds would be matched with a grant. He said the State of California took
$25 million from the City and part of that system will return $78,000, stating
something is wrong when the State or Federal Govemment takes the City's
money and filters it back with grants. He knew synchronization was a
positive thing, but he personally traveled on Monterey Avenue many times
without encountering big problems. He said many times the City is willing to
take grants, but then complains because the State takes its money, so
somewhere down the line the City should respond by not accepting grants
and telling them to keep their hands off the City's money.
Responding to question, Mr. Greenwood noted the second page of the staff
report outlined the funding sources, which is Palm Desert contributing 30%
of the project in the amount of $23,670 from the General Fund.
20
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
Mayor Pro Tem Ferguson said the budget for Fiscal Year 2010-2011 under
CP Synchronization Fund 440 showed $861,000 was allocated for
synchronization. He asked if that amount included funds for this project.
Mr. Gibson responded the funds for this project were under the 2009-2010
Budget.
Mr. Greenwood concurred.
Mayor Pro Tem Ferguson stated he understood the cost to Palm Desert
would be $23,670 with the City of Rancho Mirage contributing $15,780, and
the balance of the grant from AQMD. Mr. Greenwood agreed.
Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Authorize the City
Manager to execute Contract No. ML09021 with the South Coast Air Quality Management
District (AQMD) (City Contract No. C29950A); 2) authorize staff to issue a Request for
Proposals (RFP) from traffic engineering firms to provide traffic signal synchronization
timing services in an amount not to exceed $78,900 (Contract No. C29950B); 3) authorize
staff to prepare and execute an agreement with the City of Rancho Mirage for their 20%
portion of the project for an amount not to exceed $15,700 (Contract No. C29950C); 4)
appropriate $78,900 from Fund 234, Traffic Signal Fund unobligated fund balance. Motion
was seconded by Benson and carried by a 3-2 vote, with Kelly and Spiegel voting NO.
B. REQUEST FOR APPROVAL AND EXECUTION OF AGREEMENT WITH
THE DESERT SUN FOR SPONSORSHIP OF A PROMOTIONAL
MAGAZINE (CONTRACT NO. C29960) (JOINT CONSIDERATION WITH
THE PALM DESERT REDEVELOPMENT AGENCY).
Marketing Manager Kristy Kneiding stated staff was previously directed to
negotiate a contract with The Desert Sun to help support the relaunch of a
magazine formerly known as 92260, which targets both residents and
visitors. She said staff and representatives from The Desert Sun were
present to answer any questions.
Councilman/Member Spiegel pointed out he originally voted against this, not
because he disliked The Desert Sun, but because he thought this amount of
money could be spent in San Diego, Los Angeles, and San Francisco to
attract people from out of town. He understood the magazine will be
distributed into the local hotels, specifically Embassy Suites and the Marriott,
but none outside the City. Additionally, he received a copy of a letter from
Executive Vice President of Palm Springs Life Frank Jones who stated they
understood the City desiring to take advantage of having a Palm Desert
Magazine and attended the Marketing Committee meeting where
Councilman Ferguson and The Desert Sun presented their concept and
expressed determination to execute the plan. Mr. Jones states that the
Desert Publishing Incorporated could produce the magazine for half the cost
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
or Tess and could deliver the quantity, content, graphics, and also improve
greatly on the proposed distribution and reach applications. His
improvements would make the City's magazine a much more valuable
publication and save precious dollars that could be better used in relationship
to the heart wrenching personal cuts recently made by the City.
Councilman/Member Kelly stated he felt strongly a Request for Proposal
(RFP) should have been conducted. Although he thought it was good to
have a Palm Desert magazine in the hotel rooms, he didn't know how it
would benefit when the residents already received the BrightSide Newsletter.
However, he agreed people should have something from Palm Desert that
could carry home with them. He reiterated the City should have done a RFP
to see what else was out there.
Mayor Pro TemNice Chairman Ferguson said it took a lot of gulls for
Mr. Frank Jones to make those statements having received millions from the
City of Palm Desert over the years, and having just approved $50,000 this
evening for Fashion Week, and neither one of his esteemed colleagues
insisted the item go out for an RFP, and The Desert Sun didn't say they
could do Fashion Week for half the cost. The last time the City attempted
to launch a magazine, Palm Springs Life (PSL) hastily put together a Palm
Desert Magazine and dumped it on all the Council's desks and never saw
another publication. He said Palm Springs Life (PSL) only seemed to
scream when someone else wanted to do something beneficial for Palm
Desert, but they never deliver. He said PSL had every opportunity in the last
five years since it started 92260 to provide a proposal, which they never did.
He said this was anti -competitive conduct and couldn't believe the two
people he considered business knowledgeable in this County fell for such
ridiculous conduct, which he found reprehensible. He said everyone knew
Palm Desert residents were not staying in the City's hotels, but if you take
into account the part-time residents that live in Palm Desert during the winter
months who return to Chicago, Seattle, Portland and other parts of the
Country, they want to show off Palm Desert to their relatives, sons, nephews,
grandchildren and take copies of this magazine with them. To say this
magazine will just sit on shelves like the BrightSide was disingenuous, which
frankly the BrightSide ended up in the trash more often than not. He said
given the millions spent on marketing, doing a trial for one year with The
Desert Sun to promote Palm Desert was worthwhile from a marketing
standpoint. Additionally, the Council claims to have so much faith, rightfully
so, on the City's Marketing Committee, which voted unanimously in favor o
the Palm Desert Magazine, and he wasn't going to second guess their
opinion. He went on to say the Council voted four to one during the budget
to do this, and he respected Councilman Spiegel's opinion and hoped his
would be respected as well. He said there were two sides to every story, and
The Desert Sun's side needed to be heard.
22
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
Councilmember/Member Benson agreed with Mayor Pro Tem Ferguson and
the fact that it would only be a one-year publication, and if it didn't work out,
it wouldn't have to be renewed. She said The Desert Sun had a track record
in these publications, which she thought was worth a try. She believed the
public will take the magazine home if it's published by a reliable source.
Mayor/Chairman Finerty concurred, stating she was amazed when for three
years some Councilmembers voted to spend more than $600,000 for the Art
of Food & Wine event to promote the City and here a mere $110,000 was
considered to promote the City via a magazine where something was
actually being produced that was not alcohol induced. She was in support
of this request with a one-year trial, because it was a reasonable way in this
economy to market the City.
Mayor Pro TemNice Chairman Ferguson moved to, by Minute Motion: 1) Approve
agreement with The Desert Sun for sponsorship of a promotional magazine in the amount
of $110,000 for Fiscal Year 2010-2011; 2) authorize the Mayor to sign said agreement —
funds are included in the proposed Financial Plan for 2010-2011, split between the
respective Redevelopment Agency and City Advertising and Professional Services
Accounts. Motion was seconded by Benson and carried by a 3-2 vote, with Kelly and
Spiegel voting NO.
C. REQUEST FOR RATIFICATION OF THE CITY MANAGER'S
AUTHORIZATION OF AMENDMENT NO. 1 TO CONTRACT NO. C29400
WITH GOULD EVANS ASSOCIATES IN THE AMOUNT OF $23,600 FOR
ADDITIONAL DESIGN SERVICES; AUTHORIZATION FOR STAFF TO
SOLICIT BIDS FOR CONSTRUCTION AND RELEASE OF THE REQUEST
FOR PROPOSALS (RFP) FOR OPERATIONS OF THE AQUATIC CENTER
(PROJECT NO. 722-10) (JOINT CONSIDERATION WITH THE PALM
DESERT REDEVELOPMENT AGENCY).
Councilmember/Member Benson stated when the Park and Recreation
Commission was attempting to put more playground equipment in the pool and
it was turned down, the current amendments made will be a good remedy to
that situation. The improved space will be available should it be necessary in
the future.
Councilman/Member Spiegel said the changes will allow more people to come
into the area, picnic on the grass, and pay the fee to get in and watch the race.
He said the grass area will provide the ability to make more money.
Mayor Pro Tem/Vice Chairman Ferguson said the suggestion was a breath of
fresh air coming from the Parks and Recreation Commission, because it was
good planning to look toward the future. He said one couldn't reserve enough
space for future growth.
Councilman/Member Spiegel moved to, by Minute Motion: 1) Ratify City Manager's
authorization of Amendment No. 1 to the subject contract with Gould Evans Associates,
23
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
Phoenix, Arizona, in the amount of $23,600 for additional design services for the Aquatic
Center Project; 2) authorize the Mayor to execute Amendment No. 1; 3) authorize staff to
solicit bids for construction (Contract No. C29400A); 4) authorize staff to release the RFP for
operations of said project (Contract No. C29400B) — funds for the original design service
contract are available in Account No. 233-4602-454-4001 (±40%) - Park Fund, and Account
No. 851-4549-454-4001 (±60%) - Project Area No. 2 Aquatic Facility Capital Budget; funds
for Contract Amendment No. 1 are also available in Account No. 851-4549-454-4001 held as
contingency, no General Fund money is being used for this expenditure. Motion was
seconded by Ferguson and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF THE FINAL ARTWORK DESIGN BY ARTIST
PAUL HOBSON FOR THE PALM DESERT AQUATICS CENTER.
Responding to question, Public Art Coordinator Deborah Schwartz said the
color palette was purple and green as indicated in the staff report.
Councilman Kelly moved to, by Minute Motion, approve the final artwork design by
artist Paul Hobson for the Palm Desert Aquatics Center. Motion was seconded by Ferguson
and carried by a 5-0 vote.
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF REQUESTS BY BURRTEC WASTE AND RECYCLING
FOR APPROVAL OF THE ANNUAL PRODUCER PRICE INDEX (PPI) AND
COUNTY OF RIVERSIDE GATE/DISPOSAL FEE INCREASES.
Ms. Riddle stated this request was for consideration of a rate increase for
Burrtec. As part of the negotiations, Burrtec had agreed to maintain the
existing rates in effect at that time and wouldn't be eligible for rate increases
until July 1, 2010. As a result, the last rate increased was in 2006. The
proposed rate increases include 100% of PPI at 4.3% as well as a $1.59
disposal fee increases, which the County approved on June 8. The new Gate
Fee at the transfer station would then increase to $39.04 per ton. The
recommendation before Council is to consider approval of the rate increases.
In addition, staff proposes that Council consider utilizing a portion of the City's
recycle fund, which was currently $8.25 to absorb the rate increase to
residents. The two options provided in the staff report are Option 1, absorb the
gate disposal fee increase to residents or Option 2, absorb the gate fee and
PPI increase. Staff recommended Option 1, which was the more conservative
option, it will reduce the Recycle Fund to $7.81 a ton. Option 2 will provide a
greater benefit to Palm Desert residents, but the City would absorb both rate
increases, the PPI and disposal fee and also reduce the Recycle Fund to $6.02
per ton.
Mayor Pro Tem Ferguson asked what was the current balance of the Recycle
Fund.
24
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
Mr. Gibson responded it was approximately $4 million. Further responding, he
said those funds are set aside for recycling purposes and couldn't be used for
the General Fund; therefore, that fund had a healthy surplus.
Responding to question, Ms. Riddle said the yearly usage by the Recycle Fund
was approximately $400,000 to $500,000 depending on what the City had
going on during the year.
Mayor Finerty commented it also depended upon how many Recycle Binney
commercials the City ran.
Mayor Pro Tem Ferguson stated under the more liberal assessments, the City
would still be saving $6.00 per ton.
Ms. Riddle agreed. Further responding, she said the City saved about
$300,000 a year.
Mayor Pro Tem Ferguson said that equated to about $2.4 million in a span of
eight years, which indicated the fund wouldn't go broke.
Councilman Spiegel inquired about the $37.45 fee.
Ms. Riddle stated that when material is taken to the transfer station, the
disposal fee per ton is $37.45. Further responding, she said the City received
an 8% franchise fee of whatever the total ton is and that went into the General
Fund.
Mayor Finerty declared the public hearing open and invited testimony from the
Applicant.
MR. FRANK ORLETT, District Manager for Burrtec Waste and Recycling
Services offered to answer any questions.
Mayor Finerty invited testimony in FAVOR or OPPOSITION to this matter. With no
testimony offered, she declared the public hearing closed.
Councilmember Benson was in favor of giving the residents any break and in
favor of Option 2.
Mayor Pro Tem Ferguson moved to: 1) By Minute Motion, approve the proposed 4.3%
PPI rate increase and Gate/Disposal Fee increase from $37.45 to $39.04; 2) waive further
reading and adopt Resolution No. 2010 - 44, approving the new adjusted rate Schedule of
Fees (Exhibit 3 for Residential, Commercial, and Roll -off) for the Collection, Recycling, and
Disposal of Municipal Solid Waste and Residential/Commercial Recycling Contained in
Contract No. C27410 - Solid Waste Management Services; 3) approve the 4.3% PPI rate
increase to residents; 4) approve utilizing a portion of the $8.25 recycle (tipping) fee to absorb
25
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REGULAR
the PPI and
ton. Motion
PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
Gate/Disposal Fee increases for 2010 and reduce the recycle fee to $6.02 per
was seconded by Kelly.
Mayor Pro Tem Ferguson stated there would be no impact to the residents.
Councilman Kelly stated the residents had been paying money into the fund
and should receive the benefit. All Councilmembers concurred.
Mayor Finerty called for the vote and it carried by a 5-0 vote.
B. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND
EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL
YEAR 2010-2011 (JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING
AUTHORITY).
Mr. Wohlmuth stated the 2010-2011 Fiscal Year Budget was balanced. The
revenues for this year were estimated at $42,910,000 with expenditures at
$42,637,000, and the difference of $273,000 will be put into the retirement
health contribution to fund that account, which historically was funded every
year except in the tough ones. He said the balanced budget accomplished
everything requested by the Council at the budget hearings, but
unfortunately staff was reduced to 148 employees in order to balance the
budget, which was done three months ago. He said the impacts have been
brought into City Hall with no service delivery decline from those cuts and
stated the budget was a good financial plan for 2010-2011.
Councilman/Member Kelly explained for the purposes of the audience in
attendance that this was not the first time the Council was dealing with the
budget, because several meetings prior to this one took place before it
reached this point.
Mayor/Chairman Finerty agreed, stating the Council had three study
sessions with a line -by-line review of the budget.
Mayor/Chairman Finerty declared the public hearing open and invited public
testimony FAVORING or OPPOSING this matter. With no public testimony offered,
she declared the public hearing closed.
Councilman/Member Spiegel moved to waive further reading and adopt: 1) City
Council Resolution No. 2010 - 45, adopting a City Program and Financial Plan for the
Fiscal Year July 1, 2010, through June 30, 2011; 2) City Council Resolution No. 2010 - 46,
establishing the Appropriations Limit for the 2010-2011 Fiscal Year; 3) Redevelopment
Agency Resolution No. 573, adopting a Redevelopment Agency Program and Financial
Plan for the Fiscal Year July 1, 2010, through June 30, 2011; 4) Housing Authority
Resolution No. HA-43, adopting a Housing Authority Program and Financial Plan for the
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
Fiscal Year July 1, 2010, through June 30, 2011; 5) City Council Resolution No. 2010 - 47,
setting the Salary Schedule, Salary Ranges, and Allocated Classifications; 6) By Minute
Motion, approve the Out -of -State Travel Requests as listed in the accompanying staff
report memo entitled same. Motion was seconded by Ferguson.
Mayor Pro TemNice Chairman Ferguson said this was probably the biggest
budget reduction in the history of the City. He said Palm Desert never had
an unbalanced budget and believed this was a healthy exercise for the City
to tighten its belt and live within the means. He wished other forms of
govemment would follow the same lead as Palm Desert, although it was a
painful process. His hat was off to the City Manager for making the tough
decisions and the Director of Finance for assuring once again that Palm
Desert had a balanced budget with a modest surplus of $300,000, even with
his conservative revenue assessment.
Mayor/Chairman Finerty called for the vote and the motion carried by a 5-0 vote.
C. REQUEST FOR ADOPTION OF RESOLUTIONS, AUTHORIZING A
REQUEST TO THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT TO AMEND THE CONTRACT USE OF
CALIFORNIA NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
FUNDING AND EXECUTION OF THE RELATED AGREEMENT AND ANY
AMENDMENTS THERETO (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Ms. Moore stated this was an amendment to the agreement for NSP to
stabilize neighborhoods in Palm Desert that had been hit by foreclosures.
It was determined early on in the process that the contract needed to be
amended, however, the County believed it had already covered it. Staff was
seeking authorization to acquire properties and be reimbursed by NSP.
Mayor/Chairman Finerty declared the public hearing open and invited public
testimony in FAVOR or OPPOSITION to this matter. With no public testimony
offered, she declared the public hearing closed.
Councilman/Member Spiegel moved to: 1) Waive further reading and adopt City
Council Resolution No. 2010 - 48, authorizing a request to amend the contract use of
California Neighborhood Stabilization Program (NSP) funding and execution of the relative
agreement, and any amendments thereto; 2) Waive further reading and adopt
Redevelopment Agency Resolution No. 574, authorizing a request to amend the contract
use of California Neighborhood Stabilization Program (NSP) funding and execution of the
relative agreement, and any amendments thereto; 3) By Minute Motion, authorize the City
Manager/Executive Director or the Director of Housing to sign Funds Requests and other
required reporting forms.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
Councilman/Member Kelly noted this was a $300,000 investment to help
others.
Motion was seconded by Benson and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF THE ANNUAL BUDGET FOR THE
ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT — FISCAL YEAR 2010-2011.
Senior Management Analyst Ryan Stendell noted Items D-H of this agenda
dealt with the annual levies of the City's Consolidated Landscape Lighting
District, Benefit Assessment Districts, and Private Business Improvement
Districts. He offered to answer any questions.
Councilman Spiegel commented there were no expenses for Alessandro
Alley this fiscal year.
Mr. Stendell responded there were no expenses because the improvements
had not been made. Further responding, he said the timing of the
assessment worked out well because the Property and Business
Improvement District (PBID) is at its fifth year, which means that it needs to
re-form next year with the City hosting new meetings to re-form the next
five-year cycle, take a fresh look at the improvements and maintenance cost,
and go through the process all over again.
Mayor Finerty declared the public hearing open and invited public testimony in
FAVOR or OPPOSITION to this matter. With no public testimony offered, she
declared the public hearing closed.
Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No.
2010 - 49, approving the Alessandro Alley Property and Business Improvement District
Annual Budget for FY 2010-2011; 2) Resolution No. 2010 - 50, ordering the levy and
collection of assessments for the Property and Business Improvement District for FY 2010-
2011. Motion was seconded by Kelly and carried by a 5-0 vote.
E. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND
ORDER TO LEVY FOR FISCAL YEAR 2010-2011 FOR THE CITY OF
PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1.
Senior Management Analyst Ryan Stendell stated this was a Benefit
Assessment District that maintained the basin and drainage area for Section
29 at the north end of the City.
Mayor Finerty declared the public hearing open and invited public testimony in
FAVOR or OPPOSITION to this matter. With no public testimony offered, she
declared the public hearing closed.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
Councilman Kelly moved to waive further reading and adopt Resolution
No. 2010 - 51, approving the Annual Engineer's Report and ordering the levy and collection
of assessments within the City of Palm Desert Benefit Assessment District No. 1 for FY
2010-2011, pursuant to the provisions of the Benefit Assessment Act of 1982. Motion was
seconded by Spiegel and carried by a 5-0 vote.
F. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND
TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS
WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPING AND
LIGHTING DISTRICT FOR FISCAL YEAR 2010-2011.
Mayor Finerty stated she owned property in the area and would not be voting
on this item and left the Council Chamber.
Senior Management Analyst Ryan Stendell stated this was for the
Consolidated Landscaping Lighting District, which was approximately 36
individual districts scattered throughout the City for Fiscal Year 2010-2011.
Mayor Pro Tem Ferguson declared the public hearing open and invited public
testimony in FAVOR or OPPOSITION to this matter. With no public testimony
offered, he declared the public hearing closed.
Councilman Spiegel moved to waive further reading and adopt: 1) Resolution
No. 2010 - 52, approving the Final Engineer's Report for the Consolidated Palm Desert
Landscaping and Lighting District for FY 2010-2011; 2) Resolution No. 2010 - 53, ordering
the levy and collection of assessments within the Consolidated Palm Desert Landscaping
and Lighting District for FY 2010-2011. Motion was seconded by Kelly and carried by a 4-0
vote, with Finerty ABSENT.
G. REQUEST FOR APPROVAL OF THE ANNUAL BUDGET FOR THE
PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2010-2011.
Senior Management Analyst Ryan Stendell stated this was for President's
Plaza I, which was nearing its fifth year, so at the conclusion of Fiscal Year
2010-2011 this area will be re-formed for another five years.
Mayor Finerty declared the public hearing open and invited public testimony in
FAVOR or OPPOSITION to this matter. With no public testimony offered, she
declared the public hearing closed.
Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No.
2010 - 54, approving the President's Plaza I Business Improvement District Annual Budget
for FY 2010-2011; 2) Resolution No. 2010 - 55, ordering the levy and collection of
assessments for FY 2010-2011. Motion was seconded by Kelly and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
H. REQUEST FOR APPROVAL OF THE PRESIDENT'S PLAZA III BUSINESS
IMPROVEMENT DISTRICT ANNUAL BUDGET FOR FISCAL
YEAR 2010-2011.
Mayor Pro Tem Ferguson stated he would be abstaining on this item
because he leased business property within this district and left the Council
Chamber
Senior Management Analyst Ryan Stendell stated this item was for
President's Plaza III, Property Business Improvement District. He said the
budgets were set the same as year one. He noted there were no major
complaints in the area for this fiscal year, so it was business as usual.
Mayor Finerty declared the public hearing open and invited public testimony in
FAVOR or OPPOSITION to this matter. With no public testimony offered, she
declared the public hearing closed.
Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No.
2010 - 56, approving the President's Plaza III Business Improvement District Annual
Budget for FY 2010-2011; 2) Resolution No. 2010 - 57, ordering the levy and collection of
assessments for FY 2010-2011. Motion was seconded by Kelly and carried by a 4-0 vote,
with Ferguson ABSENT.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
1. Announcement of Joint City Council-Redevelopmgent Agency Study
Session regarding College of the Desert Child Development Center
and the City's Childcare Mitigation Funds, Thursday, July 8, 2010, at
2:00 p.m., Administrative Conference Room.
Ms. Klassen made the subject announcement and Councilmembers
so noted.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Consideration of Travel Requests and Reports:
None
o City Council Committee Reports:
1. SunLine Transit Agency — Councilman Spiegel distributed to
each of his colleagues a copy of SunLine's routes in the
Coachella Valley, along with its FY 2009 Annual Report. He
reported that they ended up with a small surplus this year and
have planned the budget for next; but they are awaiting final
word on the amount that will be received from Riverside
County Transportation Commission (RCTC), which will be
announced in October.
2. CVAG Public Safety Committee — Councilman Spiegel said at
their recent meeting, performance of the automatic garage
doors installed on many of the fire stations in the Coachella
Valley was discussed relative to the April 4 earthquake in
Mexico, and he provided a hand-out report on the matter to the
City Council. He said most of the doors went up in response,
some didn't; however, Palm Desert didn't have these devices
on its stations. CVAG has applied for a grant to install the
openers that cost approximately $25,000 each, but the award
of same hasn't been announced yet. He felt it was a very
important safety matter for Palm Desert's three Fire Stations,
especially since La Quinta, Rancho Mirage, Indio,
Palm Springs, Desert Hot Springs, and Temecula all had the
devices to open their fire station doors.
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REGULAR PALM DESERT CITY COUNCIL MEETING
J U N E 24, 2010
Responding to question about the meaning of "ignored
response," he said it meant the doors didn't go up, mostly due
to the distance from the epicenter of the event that didn't
trigger the openers on all the doors in the Coachella Valley.
Mayor Finerty appreciated the point but wanted to make sure
that performance of the technology was guaranteed.
3. Palm Springs Desert Resort Communities CVA — Mayor Pro
Tem Ferguson reported that since Palm Desert joined the
CVA-BID process and got the County to issue official findings
that all monies at the CVA were public and as such,
accountable to the Joint Powers Authority, there seems to be
a much greater level of accountability and complete turnover
of almost all their main positions, from the President on down.
He said they plan to fill the No. 2 Sales Director position within
the next two weeks; and they have retained a search firm to
look for a new President, which they expect to fill by the first of
the year. The Internet person just left, and they also have two
other positions to fill, but he was pleased to say that the HIBC
(Hospitality Industry and Business Council) and the model that
was contemplated seems to be thoroughly evaluating
operations of the program and making what he thought were
some very beneficial changes. However, he noted that Interim
President Judy Vossler, who'd been doing an outstanding job,
announced that she will not be a candidate for the President's
position, which he thought was a great loss for the Valley
because she would have been an excellent candidate.
o City Council Comments:
1. Councilman Kelly was pleased to report on a headline in
today's newspaper, "Local Woman Set for LPGA
Championship," who happens to be the Desert Willow Golf
Resort Retail Manager and Teaching Pro Debbi Koyama
playing today in that event. He added that he'd had the good
fortune of spending time with Ms. Koyama, an outstanding
employee and wonderful part of Desert Willow. He
acknowledged and congratulated Desert Willow General
Manager Rich Mogensen and Director of Food and Beverage
Jim Carvajal in attendance at today's meeting, along with
everyone at Desert Willow and sent very best wishes to
Ms. Koyama for her continued success.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010
2. Councilmember Benson commented that she attended the
California State University, San Bernardino - Palm Desert
Campus Graduation Ceremony last week and was very proud
to have experienced the fruits of the City of Palm Desert's
labor. She recalled that when the City donated the land to
CSUSB and UCR, CSUSB President Al Karnig remarked that
it was going to be a gateway for Hispanic and other students
from the area who wouldn't have otherwise had the chance to
obtain a college education. She said that in listening to the roll
call of students graduating, success had been achieved —
especially hearing the phenomenal number of students
receiving Master's and B.S. degrees.
XIX. ADJOURNMENT
Upon a motion by Ferguson, second by Spiegel, and unanimous vote of the City
Council, Mayor Finerty adjourned the meeting at 5:51 p.m.
ATTEST:
SS7 ,r
RACHELLE D. KLASSEN; CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
CINDY
NERTY, MAYOR
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