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HomeMy WebLinkAbout2010-03-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 25, 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 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 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 Conference with Real Property Negotiator pursuant to Govemment 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 - Parkview Professional Office Complex, 73720 Fred Waring Drive, Suite No. 100, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Water Resources Control Board Under Negotiation: x Price x Terms of Payment 5) Property: 73-470 El Paseo, #10, Palm Desert Negotiating Parties: Agency: Justin McCarthy/Donna Gomez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Acadia Realty Trust Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 Conference with Labor Negotiator pursuant to Govemment Code Section 54957.6: Negotiating Parties: John M. Wohlmuth/City of Palm Desert Upon a motion by Ferguson, second by Kelly, and 5-0 vote of the City Council, Mayor Finerty adjourned the meeting to Closed Session at 3:00 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. PRESENTATION OF COLORS and PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Boy Scout Troop 131 VII. INVOCATION - Councilmember Jean M. Benson VIII. ORAL COMMUNICATIONS - B MR. ROB BALLEW, Executive Director of the Family YMCA of the Desert, Palm Desert, announced that the YMCA, City of Palm Desert, and Rabobank, would be sponsoring an Easter Egg Hunt for Coachella Valley children on Saturday, April 3, at 9:00 a.m. in Civic Center Park, followed by the Healthy Kids Day Event. One thousand kids were expected, along with their parents, and it promised to be a great, active day in the Park. He presented Councilmembers each with a golden Easter Egg and hoped they would be able to attend the Easter Egg Hunt. He went on to say that tonight would represent the end of the YMCA's annual fund-raising campaign, and he publicly thanked Mayor Finerty for being its honorary co-chair, along with Councilmember Benson, and Councilman Kelly. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MARCH 25, 2010, AS "BOY SCOUT TROOP 131 DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Finerty presented the proclamation to Boy Scout Troop 131 and congratulated them for all their contributions to the community. Troop 131 then presented lapel pins to each City Councilmember in appreciation of their support for Scouting. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 11, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 184, 185, 189 City/RDA, and 190. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#659) by Ruhnau, Ruhnau & Clarke & Associates in the Amount of $133,350 Plus Interest and Attomey Fee. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. LETTER OF RESIGNATION from Charles H. Brown - Rent Review Commission. Rec: Receive with very sincere regret. E. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 2010 - 15 - September 2009 Records; 2) 2010 - 16 - October 2009 Records; 3) 2010 - 17 - November 2009 Records; 4) 2010 - 18 - Closed Investigations - Set Number Three. F. RESOLUTION NO. 2010 -19 - A Resolution of the City Council of the City of Palm Desert, Califomia, Setting Forth its Findings and Authorizing the Destruction of Files from Code Compliance that Have Been Digitally Imaged: Dated 1997 - 2003. Rec: Waive further reading and adopt. G. SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2009. Rec: By Minute Motion, receive and file the Single Audit Report of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2009. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 H. REQUEST FOR AWARD OF CONTRACT for the Annual Color for El Paseo Medians and Civic Center Park - Fall 2010 and Spring 2011 to Progressive Growers, Inc., in the Amount of $22,915.28 (Contract No. C29360, Project No. 930-10). Rec: By Minute Motion, award the subject contract for the Annual Color for El Paseo Medians and Civic Center Park - Fall 2010 and Spring 2011 to Progressive Growers, Inc., Vista, California, in the amount of $22,915.28 — funds are available in General Fund Account Nos. 110-4614-453-3370 - Repair/Maintenance Median and in 110-4610-453-2190 - Parks and Recreation Supplies. I. REQUEST FOR APPROVAL of Out -of -State Travel for Landscape Manager to Attend the Annual Western Chapter International Society of Arboriculture Conference and Trade Show - Tucson, Arizona - April 28 - May 1, 2010. Rec: By Minute Motion, authorize the Landscape Manager to attend the Annual Western Chapter International Society of Arboriculture Conference and Trade Show (ISA Conference) in Tucson, Arizona, from April 28 - May 1, 2010 — funds are available in Account No. 110-4614-453-3120 - Landscape Services Conferences/Seminars/Workshops. Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 For Adoption: A. ORDINANCE NO. 1210 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM OFFICE PROFESSIONAL (O. P.) TO RESIDENTIAL ESTATES (R. E.) 40,000 SQUARE -FOOT MINIMUM LOT SIZE FOR TWO PARCELS LOCATED AT 77-925 HIDDEN RIVER ROAD AND 77-930 DELAWARE PLACE, PURSUANT TO ATTACHED EXHIBIT "A" Case Nos. GPA / CZ 10-18 (City of Palm Desert, Applicant). Councilmember Benson moved to waive further reading and adopt Ordinance No. 1210. Motion was seconded by Kelly and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO COLLECT A $168 FEE FOR REVIEW OF RECREATIONAL VEHICLE (RV) PARKING ON PRIVATE PROPERTY, AND PROVIDE STAFF WITH DIRECTION REGARDING CONTRADICTORY REQUIREMENTS OF THE PALM DESERT MUNICIPAL CODE. Ms. Aylaian stated this was a technicality/housekeeping item where a resolution was required to establish a fee for processing permits for parking Recreational Vehicles (RV) on Private Property. The fee was previously recommended at $168, which was approved by the Architectural Review Commission (ARC) and the RV Parking Subcommittee at the Council level, but a resolution wasn't included. The other portion of this request relates to policy guidance. The City had conflicting sections in the Municipal Code regarding parking qualities on streets. When the Unlawful Camping Ordinance was passed, Council specifically requested that an exception be added so that if relatives were visiting, they would be allowed to park for up to 72 hours on the street in front of the home. On the other hand, when discussing Recreational Vehicles on Private Property, the recommendation was to not allow RV parking on public streets because of the impact on line of sight and the aesthetics of the neighborhood. Therefore, the Code now had two different policies in three different sections in the Municipal Code. She said staff was seeking clarification from the Council to make them all consistent. Councilman Spiegel asked if there was currently a fee for the review/processing of Recreational Vehicles on Private Property. Ms. Aylaian answered no, stating a number of years ago the Council requested that the fee be waived; however, staff was requesting that it be 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 reestablished because it required an investment of staff work. She said the fee was comparable to other cases that went to ARC, which currently charged $168. Councilmember Benson asked if the fee applied to all the recreational vehicles that will be reviewed. Ms. Aylaian stated the fee will apply to new permits with landscaping or screening. Further responding, she confirmed RV owners who already complied did not have to pay the fee. Mayor Pro Tem Ferguson asked if the California Vehicle Code already allowed any vehicle by law to park on a public street or highway for 72 hours. Ms. Aylaian answered yes under State law, but local jurisdiction can pass a more restrictive ordinance. Mayor Pro Tem Ferguson stated he didn't think a ban could be imposed. Mr. Erwin stated the City should not impose a ban. He said the problem was that in one section of the Municipal Code it allowed for parking on the street and in another it stated it must be on private property, and staff was seeking clarification from the Council. Mayor Pro Tem Ferguson replied he understood, but under the California Vehicle Code one was allowed to park anywhere for 72 hours as a right. He knew the City could regulate time, manner, and place to a degree, but didn't think the City could ban parking on the street. Mr. Erwin agreed. Councilman Kelly asked what would happen in a case where someone drove a recreational vehicle, like a camper, to and from work. Mr. Erwin stated the Council just needed to tell staff it was okay to park on private streets, and it will correct the Ordinance accordingly. Councilmember Benson stated she thought it was previously agreed that people could park in their driveway for 72 hours while loading and unloading. Ms. Aylaian responded they could, and it's included in the Municipal Code. She said it was clear that with private property it was addressed consistently, but what was being reviewed now was when one parked on a public street. Councilmember Benson stated 72 hours to park on the driveway to go camping was sufficient, and it wouldn't require parking on the street. Mayor Finerty concurred. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 Councilman Kelly stated he was aware of a situation where a homeowner had a RV parked on his property for at least 10 years, it couldn't be seen by surrounding neighbors, and there were no complaints. He said it would be unfair to obligate this RV owner to pay $168 for a permit to park his RV after he's done so for so long. Ms. Aylaian responded that if the RV owner was currently complying with the existing Code, where he could park in the back yard or side yard, he would not have to obtain a permit. Mr. Erwin concurred. Councilman Kelly stated the previous property lot he owned had a big separation between the garage and house with a driveway that went all the way to the rear of the yard, and his visiting friends used his driveway to park their motor home. He wondered what would be required in that case. Ms. Aylaian said parking on private property was currently permitted. The only place where there was a discrepancy between different sections in the Code was when parking on a public street. Further responding, she said people can camp for up to 72 hours on private property, because Council requested that exception be added to the Ordinance, but not on a public street. Mayor Pro Tem Ferguson reiterated that if vehicles couldn't be banned from parking on the street, was the City now saying it will cost $168 to visit your neighbor in Palm Desert and park in front of their house for three days. Ms. Aylaian stated the fee was for processing permanent parking storage of RVs. If someone wanted to park their RV on private property, the $168 fee will get one through the ARC review process subject to all the requirements. Mayor Pro Tem Ferguson stated it was a question of State law whether Council can ban someone from parking on the street. Ms. Aylaian stated she believed for certain types of vehicles, local jurisdiction can impose limitations beyond what State law allowed. Mr. Erwin stated there were some restrictions, but the City's Ordinance prohibited it. He said staff was asking Council for clarification to modify the Ordinance and bring it back to the Council. Mayor Pro Tem Ferguson requested this item be continued, because if the law states the City can't prohibit public parking, then what good would it do for the Council to prohibit it. Mr. Erwin said it was a good point. Ms. Aylaian agreed to continue and review the matter. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 Mayor Finerty suggested considering the two items separately. Ms. Aylaian stated Council could take action today on Item 1, which was to establish a fee for reviewing parking compliance of RVs, and Item 2, was a policy issue, which can be continued. Councilman Spiegel stated that since the fee of $168 was only for new applications and it was an expense to review, he would move for approval. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010- 20, authorizing staff to collect a $168 fee for reviewing parking compliance of Recreational Vehicles (RV's) on Private Property associated with Title 8 - Health and Safety - of the Palm Desert Municipal Code. Councilman Kelly stated he was in favor of the fee if someone was actually going through the review process, but believed there were motor homes out there that shouldn't have to go through the process. Councilman Spiegel clarified the fee only applied to new applications. Mayor Finerty stated RV owners who had been legally conforming were grandfathered. Councilman Kelly stated if someone bought the property he used to own where he was able to park a RV, why couldn't the new owner park there without having to obtain a permit. Ms. Aylaian explained the requirement was an outcome of the committee process where grandfathered properties would lose their grandfather status once the owner moved. Councilman Kelly stated he wasn't interested in grandfathered properties, he was interested in new people that had RVs parked unobtrusively. Councilmember Benson stated the RV shouldn't run with the property. Mayor Finerty agreed, stating it's what the Council had passed, and the new Ordinance would only apply to new owners. Councilmember Benson seconded the motion, and it carried on a 4-1 vote, with Kelly voting NO. Councilman Spiegel moved to continue Item 2 regarding contradictory terms in the Municipal Code to the meeting of April 8, 2010. Motion was seconded by Ferguson and carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 B. REQUEST FOR AWARD OF CONTRACT FOR THE 2010 CITYWIDE SLURRY SEAL PROJECT TO ROY ALLAN SLURRY SEAL, INC., IN THE AMOUNT OF $130,357 (CONTRACT NO. C29610, PROJECT NO. 751-10). Councilman Spiegel moved to, by Minute Motion: 1) Waive irregularities in the contract documents; 2) accept Tire Rubber Modified Slurry Seal (TRMSS) as an equal to Rubberized Emulsion Aggregate Slurry (REAS); 3) award subject contract for the 2010 Citywide Slurry Seal Project to Roy Allan Slurry Seal, Inc., Santa Fe Springs, Califomia, in the amount of $130,357; 4) authorize Mayor to execute the agreement — funds are available in General Fund Account No. 110-4311-433-3320 - Street Maintenance. Motion was seconded by Ferguson and carried by a 5-0 vote. C. REQUEST FOR AUTHORIZATION TO NEGOTIATE WITH THE DESERT SUN FOR A FULLY DEVELOPED CONCEPT FOR A PALM DESERT MAGAZINE. Marketing Manager Kristy Kneiding noted the staff report and copy of the proposal from The Desert Sun (TDS) to relaunch a new "92260 Style Magazine." Staff believes Palm Desert is worthy of a publication that showcases its lifestyle and highlights its residents, businesses, and attractions. Staff requested authorization to negotiate a more fully developed concept with The Desert Sun. Parts of the mechanism for the City sponsorship will be presented as part of the budget discussion for next fiscal year. The Marketing Committee unanimously endorsed the idea of an iconic magazine at its March meeting. Staff and representatives were present to answer any questions. Mayor Pro Tem Ferguson stated there was some confusion, at least in a correspondence he received, that the City was marketing its own people. He asked staff to explain the regional and national outreach concepts behind placing the proposed magazine in hotel rooms. Ms. Kneiding explained the City will not only be reaching its residents, as the magazine will be mailed or inserted in the newspaper, The Desert Sun was looking at putting this magazine in select hotel rooms where visitors can pick it up and read about specific things to Palm Desert like Energy and Special Events. It's anticipated that people will take the magazine home with them and share it with other people; therefore, extending its distribution to visitors and possibly to their hometown as well. Mayor Pro Tem Ferguson stated in the previous attempt to launch the magazine, it was proposed to the City as a partnership with the City participating financially, which ultimately was never re -done as a freestanding independent enterprise. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 Ms. Kneiding stated that in 2003/2004, the City did not financially support the magazine. However, a reduced number of editions were presented, but the City only supported the magazine by advertising in it. Mayor Pro Tem Ferguson asked how many years had the City been distributing The Bright Side. Ms. Kneiding responded at least 20 years. Mayor Pro Tem Ferguson asked if the City had ever violated the Fair Political Practices Commission (FPPC) rules on publication of Councilmember's pictures or names in The Bright Side. Ms. Kneiding answered no. She said Councilmembers names are listed on the mailing panel to identify the City Council, but there had never been any photography or Councilmember's name used in the publication, because that would violate the FPPC rules. Mayor Pro Tem Ferguson asked who would be in charge of the editorial content for the eight to ten pages proposed in the magazine, in terms of actually drafting and editing the final material. MR. RICHARD RAMHOFF, President and Publisher of The Desert Sun, stated the original concept was to have eight to ten pages that staff could use for The Bright Side or whatever other information it wanted to provide. The rest of the content would be editorial content produced at TDS. The Desert Sun will provide an editor skilled at feature -design layout similar to what they do with their other magazines, which include attractions and profiles that resonate with visitors and snow birds. With regard to the eight to ten pages, he said City staff will generate the text and provide all the photos, and TDS will do the layout. He said TDS will assist staff in whatever productions needs they may have, but City staff will ultimately control the eight to ten pages. The rest of the magazine and main features will be produced through an editor and a design team at TDS. Mayor Pro Tem Ferguson stated that in using TDS distribution system, there was discussion regarding delivery of the City's Bright Side as part of the magazine or with the magazine bundled in the same wrap. MR. RAMHOFF agreed it was discussed to "stitch it in" as a folio insert or layering it on the magazine. There was also discussion at the Marketing Committee meeting that since TDS had its weekly newspaper, if there were things like an oil change that didn't seem fitting for what might go into the proposed publication, it can also utilize some of those tools. On the issue of control, TDS had the concept of keeping the two separate by having the City control the eight to ten pages, and TDS partnership handle the editorial. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 Mayor Pro Tem Ferguson stated TDS also discussed having the City's Calendar distributed in the same manner. MR. RAMHOFF agreed to utilizing the same tools, but it still had to seek more bids on that, but it was part of the negotiations. Responding to question, Ms. Kneiding said the City currently mailed out ten Bright Side issues a year to all its residents and businesses, averaging 38,000 pieces of mail. Mayor Pro Tem Ferguson stated there would be a savings in postage on the 38,000 pieces of mail if Council accepted TDS proposal. Ms. Kneiding agreed, but pointed out that it would not reach the City's businesses. She said staffs only concern, with regard to The Bright Side, was that the proposed magazine would only be out four times a year and questioned whether that was sufficient to be communicating with the residents. She said it might get confusing if the City needed to do six issues and how it will be received. Mayor Pro Tem Ferguson asked how many City Calendars are printed. Ms. Kneiding answered 40,000. The mail cost for the calendars was the same as The Bright Side at 13 cents a piece, costing $5,000 to $6,000 to mail per issue. The cost of producing the calendars is $35,000. Mayor Pro Tem Ferguson stated the TDS proposal of $120,000 would realistically cost half of what it's currently costing the City. Ms. Kneiding stated that if the number of Bright Side issues was cut down, the answer would be yes. Councilmember Benson stated a number of years ago the State informed the City it couldn't have Councilmembers names or pictures in The Bright Side, and stopped doing it, but some neighboring cities have continued. She wants to make sure the proposed publication will not publish the Council in any respect. She went on to say she didn't know what TDS Thursday's insert cost, but she didn't think it did anything for TDS, it was a complete repeat of everything published during the week, and never had anything new. She said if the TDS was looking to save cost, it could save money by cutting it out. She said if the City approved partnering with TDS for the proposed magazine, it will be a tool for Palm Desert visitors, hotels, and stores that distributed it to showcase the City. MR. RAMHOFF acknowledged Councilmember Benson's comment, but stated the weekly was a little different from TDS, and the readers liked the 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 packaging of that material, so that's why it's inserted. Another part of that concept is that it's delivered free to nonsubscribers as well and those readers wouldn't have necessarily read the articles in TDS. He said The Weekly is meant to be a weekend review for Palm Desert. Councilman Spiegel asked if The Palm Desert Sun provide a profit to TDS. MR. RAMHOFF answered yes. Councilman Spiegel asked if the publication would be placed in any hotels outside Palm Desert, i.e., Indian Wells, Palm Springs, or Rancho Mirage. MR. RAMHOFF stated the concept was to simply start with Palm Desert hotels, but it was discussed at the Marketing Committee meeting on whether Indian Wells might accept it. He said no conversations had taken place with Indian Wells hotels to know what their acceptance might be, but it was certainly something TDS would consider if the willingness was there. However, that is still something to be discussed and negotiated with staff. Councilman Spiegel stated he assumed the willingness wouldn't be there. He was in favor of promoting the City, but knew there were other vehicles like The Desert Guide and Palm Springs Life that all the hotels received. MR. RAMHOFF stated as this concept was being developed, the plan was to make it a premier vehicle for Palm Desert specific information. He knew there was a desire in each City, Palm Desert in particular, to highlight specific things that drew people to Palm Desert. He agreed there were many advertising vehicles inside and outside the Valley, but this publication would be premier to Palm Desert. He sits on the Economic Partnership Board, and it's gone through a blue print process, and as a part of that, they had a marketer look at how Coachella Valley Association of Governments (CVAG) marketed itself. One of the points that struck him was that Palm Desert and the cities in the Coachella Valley had a unique opportunity to market itself in a way that very few other cities could, which was to take advantage of the people who came here part-time or as snow birds and visitors and take that brand out with them. He said this strategy, which would be part of a multi -strategy for marketing, would be to take advantage of that opportunity to make Palm Desert feel special and showcase it in a way that you wouldn't get in a magazine of attractions for the whole Coachella Valley. He agreed the City may want to be in other publications as well, but this magazine would be to elevate that marketing message. Councilman Kelly stated he had problems with the proposal, because TDS took pride in being the City's watchdog, and now the City was looking to subsidize a magazine with them. He questioned how close they would watch the City. He said Palm Springs Life was probably the best thing that 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 happened to Palm Springs, and if Palm Desert had something similar, it would be a nice thing, but he didn't think that would happen. Another thing was the people that advertised in periodicals and papers, etc., were usually the ones that had articles written about them. He said if the City was looking to brand the City as an upscale destination, there might be organizations it would like to feature articles on that didn't advertise in it. He still had problems with any kind of periodical the City participated with that was part of a free enterprise system. Another concern was why this item didn't go out for a Request for Proposal. Councilman Spiegel stated he was in favor of promoting Palm Desert to the best of its ability, but these were tough times. In fact, the Council had just spent an hour reviewing projections for next year, and it didn't look pretty. He said the City needed to get people into Palm Desert to generate more hotel occupancy. He questioned whether the City should put these dollars in The Los Angeles Times, The San Diego Union Tribune or other vehicles in the coast. He said the Marriott Hotel had 60% of their business from driving business and 40% were conventions, and it used to be the reverse. Councilmember Benson recalled the vote that took place with the Business Improvement District (BID) and the main argument for the City was that it would get $600,000 back into the General Fund to publicize the City. Previously, the City with the Marriott Desert Springs had a New York firm that the Council didn't know what they did for $100,000+ a year, it never saw the lady or knew any publication except what she mailed. She was in favor of the proposed magazine, but wanted to make sure that it stayed non -political. She said the articles should not be watch -dog articles, because the Council had already been scrutinized down to the bottom, which was newspaper stuff and not magazine material. She said visitors coming to Palm Desert for the weekend didn't want to know that someone was sleeping with someone else; they want to know where to dine, what activities are going on, and what's prominent about the City. She said Palm Desert had a lot to be proud of with the McCallum Theatre, The Living Desert Reserve, and the people that have made it happen. She said as long as the magazine did what it's suppose to do, it will be good use of the BID funds coming back to the City. Depending on how it went, the City didn't have to continue with it year after year. She noted everyone looked forward to having Palm Springs Life coming out every month and thought it was certainly worth it to try it out Mayor Pro Tem Ferguson agreed with Councilmember Benson's comment for a variety of reasons. First, because the City did have a Marketing Committee that was made up of marketing experts from The Gardens, major retailers, and the people that generated the sales tax base that made sure residents didn't pay taxes while it enjoyed this quality of life here in Palm Desert. He acknowledged the Marketing Committee obviously knew more about marketing than the Council and himself, and they unanimously 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 endorsed this concept. Secondly, it wasn't a secret that Palm Desert was the last City to join the Business Improvement District when it had fiscal, structure, procedural, personnel, branding, and identification issues. He recalled five years ago, Councilman Spiegel made a motion to withdraw from the CVA, because he was tired of being associated with Palm Springs. At various times, the Council had expressed frustration in not being able to individually identify itself as Palm Desert. He said the City had a former employee who wanted to start her own Marketing Department just for Palm Desert and be able to get out of the Palm Springs Resorts Communities Convention and Visitors Authority (CVA) as well, but the Council said no and stayed in with the CVA, and has now joined the BID. The City now had money coming back, specifically for the purpose of branding Palm Desert. It was also no secret there were two magazines in this town, and the last time 92260 came along, Palm Springs Life put out a free magazine called Palm Desert, which was a blatant antitrust violation, a misappropriation of trade secrets, and a raw deal for TDS, so morally, he felt this was a chance that should be given back to TDS. They operated in good faith and moved ahead without a partnership with Palm Desert and couldn't make it work, but it should have worked. The previous general manager for Marriott estimated that for each hotel room, a guest would take a magazine back to Chicago, Seattle, New York, or Atlanta once every three days, which would be 90 issues times 800 hotel rooms, or 7,200 magazines going around the United States every single month. When he looked at that and compared it to the cost for what the City paid for one ad in Sun Set Magazine and one ad in Alaska Airlines and its return on the investment, made him want to throw up. When considering the postage savings and the cost of $60,000, it was pennies on the dollar, and it should have been done a long time ago. He was embarrassed it took the City this long and hoped this was an opportunity to make a wrong right today. Mayor Finerty concurred. She said she missed 92260 when it stopped, because she thought it was a very effective marketing tool and found it amazing that certain people were never too concerned when the City spent $600,000 to $700,000 on the Art of Food and Wine, which brought nothing to the City, yet this magazine had the potential to advertise everything about the City that was good and enable people to take the magazine back with them, which didn't promote the use of alcohol. She said the City had BID money returning to the City, and it was committed to be spent in marketing, which made perfect sense. She was appreciative of the Marketing Committee and knew there were new members that took a long hard look at the proposal and gave independent opinions about why this would be beneficial for the City. She wholeheartedly supported the idea and welcomed the partnership. Mayor Pro Tem Ferguson moved to, by Minute Motion, authorize staff to negotiate a fully developed concept for a Palm Desert magazine with The Desert Sun, and identify 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 a funding strategy as part of the 2010/11 budget approval process. Motion was seconded by Benson and carried by a 3-2 vote, with Kelly and Spiegel voting NO. XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF STAFF'S RECOMMENDATION TO NOT RENEW CONTRACT WITH STATENET FOR LEGISLATIVE AND REGULATORY REPORTING SERVICES (CONTRACT NO. C29630) (Continued from the meeting of March 11, 2010). Councilman Spiegel moved to, by Minute Motion, do not renew the subject contract with StateNet, Sacramento, California, in the amount of $1,890 to provide legislative and regulatory reporting services. Motion was seconded by Ferguson and carried by a 5-0 vote. XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. United Wav Fund-raisina Campaian Mr. Wohlmuth said staff did a wonderful job in conducting this year's City of Palm Desert Employee - United Way Fund-raising Drive, and he asked the Committee Co-chairs to make a report. On behalf of the 2010 United Way Fund-raising Committee, Co-chairs Assistant to the City Manager Steve Aryan and Human Resources Manager Lori Carney thanked the City Council and City Manager for supporting their fund-raising efforts, with special thanks given to all City employees for their generosity by participating in the various events. The City raised over $17,000 in just two months, more than $2,500 alone raised in a loose -change collection drive. This year the City of Palm Desert will be recognized by United Way of the Desert with a Platinum Award for achieving the highest level of employee participation. B. CITY ATTORNEY 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 None C. CITY CLERK 1. Reminder of City Council Study Session to Discuss Potential AudioNisual Equipment Upgrades to the Civic Center Council Chamber - Thursday, April 8, 2010, at 2:00 p.m. in the Council Chamber. Ms. Klassen called attention to the upcoming April 8 City Council Study Session at 2:00 p.m. in the Council Chamber. Councilmembers so noted. D. PUBLIC SAFETY o Fire Department None o Police Department Lt. Shouse reminded City Council, staff, and the public about the 2010 Family Safety Festival this Saturday, March 27, 9:00 a.m. - 1:00 p.m. in Civic Center Park, with 32 separate organizations expected. He said the Police Department, Fire Department, and City staff have been working very hard over the last couple of months to organize the free event with various vendors and organizations to provide free samples and hand-outs addressing safety — in the home, children's safety, etc. Some of the featured attractions will be The Living Desert, Fire Department, Police Department, Police K-9, face - painting, bounce house, Sheriff's Helicopter, with demonstrations on everything from how to safely approach animals, a dog demonstration, and kitchen safety. One of the main activities of the Festival will be distribution of free bicycle helmets and car seats purchased by the City of Palm Desert through grant funds, and he hoped a good many of these items would be distributed. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 o City Council Consideration of Travel Reauests and Reports: None o City Council Committee Reports: 1. Palm Desert Chamber of Commerce Tabletop EXDO — Councilman Spiegel said on Saturday, March 27, the Chamber would be hosting a Tabletop Exposition at Westfield. He said Economic Development Manager Ruth Ann Moore would be there to promote the City, along with a couple of Councilmembers. He said it was hoped that Councilmembers there may use the opportunity to gather signatures for a Statewide Ballot Initiative in November. Councilman Kelly said he would be participating in the Tabletop Event, and, therefore, regretted that he would not be attending the Family Safety Festival in the Park — with both events being very worthwhile. He added that he would be helping to gather the aforementioned signatures, in an attempt to prevent the State from continuing to take cities' money away — some $25 million this year. Mayor Finerty noted she'd been asked by Chamber President/CEO Barbara deBoom to address the Palm Desert Chamber of Commerce about the Statewide Ballot Initiative, getting signatures for same, and the State's raid on City coffers. 2. "Get Fit with The Mayor" — Mayor Finerty noted that also this Saturday, she'd be participating in the weekly "Get Fit" activity, going on a bicycle ride. Councilman Kelly offered to share some of his petition forms with the Mayor to obtain as many signatures as she could, and she agreed. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 o City Council Comments: None XIX. ADJOURNMENT On a motion by Spiegel, second by Ferguson, and unanimous vote of the City Council, Mayor Finerty adjourned the meeting at 4:54 p.m. ATTEST: RA HELLE D. LASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 19