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HomeMy WebLinkAbout2010-05-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 13, 2010 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. City Clerk Rachelle Klassen convened the meeting at 3:00 p.m. Due to the lack of a quorum, she immediately adjourned the meeting to 3:30 p.m. Mayor Finerty reconvened the meeting at 3:30 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson arrived at 3:40 p.m. 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 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. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 628-130-015 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-130-008 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: David Nelson Under Negotiation: x Price x Terms of Payment 3) Property: APN 637-263-008 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: US Bank Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With City Council concurrence, Mayor Finerty adjourned the meeting to Closed Session at 3:31 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 - Councilmember Jean M. Benson 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MS. JACKIE DAMRON, Palm Desert, addressed the City Council regarding issues at University Dog Park. She read from a prepared statement (which was received for the record and is now on file with the City Clerk's Office), extolling virtues of the Park, which she felt was one of the City's most beautiful at the time it was built. However, she said that due to its remote location, University Dog Park has become the target of vandals who have broken both the lights and the water faucets at the Park. She proposed that larger lights for the area, such as those installed at Civic Center Dog Park, would provide more security to prevent vandalism and make the area safer for residents during the coming summer months. Additionally, better access to water for dogs using the Park in the hot days to come is critical. While acknowledging the definite need to be budget -conscious, she encouraged the City to bring University Dog Park up to the same standard as all other City facilities, including the installation of security cameras to help identify vandals and to increase security by means of more Police or COPS (Citizens On Patrol) patrols there. She closed by urging City Council to find solutions to the problems that are both fair to citizens and their pets, specifically by visiting the Dog Parks and talking and listening to the residents who use them. MS. MICHELE FISHER, Palm Desert, said her issue was the same as Ms. Damron's - water at University Dog Park. She questioned how Dog Park Users could get the water turned back on there and keep it on. After using the Park, her own dog becomes overheated and ill due to the lack of easy access to water on the large -dog side of the Park; whereas, the City's other Dog Park has a hose that can be used to cool off the dogs there. She strongly urged finding a solution to the water issue, because for the previous two years there was a hose and sprinkler available to keep dogs from being overheated. Mayor Finerty requested the City Manager to take up this matter and contact both speakers about a solution to the Dog Park issues. She added that she'd also be holding onto Ms. Damron's letterfordiscussion at her Monday morning meeting with the City Manager. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE VERNA SMITH FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS HOUSING COMMISSION. Ms. Smith was unable to be present for the meeting. The engraved crystal clock in appreciation for her time will be forwarded to her. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 B. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF MAY 22 - 28, 2010, AS "NATIONAL SAFE BOATING WEEK" IN THE CITY OF PALM DESERT. On behalf of the Mayor and City Council, and because he's been an avid boater himself for many years, Councilman Kelly presented the proclamation to Dr. Douglas Kroll, National Officer Holder in the U. S. Coast Guard Auxiliary and Professor of History at College of the Desert. Other members of the U. S. Coast Guard Auxiliary were also in attendance for this recognition. DR. KROLL commented that while Palm Desert doesn't consider itself a water community, there are a lot of City residents who boat at the Colorado River, and the Coast Guard Auxiliary is doing what it can to publicize and remind everyone to be safe doing so. He appreciated the City Council's support. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 22, 2010, and the Special Joint City Council, Redevelopment Agency, and Housing Authority Meetings of April 9, 2010, and April 26, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 218, 221, 222, 226, and 227. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Cultural Resources Preservation Committee Meeting of January 26, 2010. 2. Library Promotion Committee Meeting of December 16, 2009. 3. Marketing Committee Meeting of March 16, 2010. 4. Parks & Recreation Commission Meeting of March 2, 2010. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 D. RESOLUTION NO. 2010 - 25 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Code Compliance Department that Have Been Digitally Imaged (Files Dated 2005). Rec: Waive further reading and adopt. E. REQUEST FOR APPROVAL of the Use of Genuine Parts Company (NAPA) to Supply Aftermarket Automotive Parts, Tools, Equipment, and Services for Fleet Maintenance - Fiscal Year 2010-2011 in an Amount Not to Exceed $40,000. Rec: By Minute Motion, approve of the use of Genuine Parts Company (NAPA), Palm Desert, California, to supply aftermarket automotive parts, tools, equipment, and services for fleet maintenance for FY 2010-2011 in an amount not to exceed $40,000 — funds are budgeted in General Fund Account No. 110-4331-413-3340. F. REQUEST FOR APPROVAL of the Purchase of Compressed Natural Gas (CNG) Fuel for Fiscal Year 2010-2011 in an Amount Not to Exceed $40,000 from Clean Energy as the Primary Source and SunLine Services Group as an Alternative Source. Rec: By Minute Motion, approve the purchase of CNG fuel for FY 2010-2011 in an amount not to exceed $40,000 from Clean Energy, Seal Beach, California, as the primary source, and from SunLine Services Group, Thousand Palms, California, as an alternative source — funds are budgeted in General Fund Account No. 110-4331-413-2170. G. REQUEST FOR APPROVAL of the Palm Desert Resident Golf Card Appeal Process. Rec: By Minute Motion, approve the proposed Palm Desert Resident Golf Card Appeal Process, as recommended in the accompanying staff report. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 H. REQUEST FOR AUTHORIZATION to Accept Improvements as Complete, Release the Related Security, and Waive the Maintenance Bond Requirement for Case No. PP 08-50 — Catalina Senior Apartments Located at 73-582 Catalina Way (Bernard Investment Group, Inc., Applicant). Rec: By Minute Motion, accept the improvements as complete, release the related security, and waive the Maintenance Bond requirement for Case No. PP-08-50 (Catalina Senior Apartments). I. REQUEST FOR AUTHORIZATION to Accept Improvements as Complete, Release the Related Security, and Waive the Maintenance Bond Requirement for the Building Located at 73-750 El Paseo (73750 El Paseo Retail Group, LLC/Steven Gordon, Applicant). Rec: By Minute Motion, accept the improvements as complete, release the related security, and waive the Maintenance Bond requirement for the building located at 73-750 El Paseo. J. REQUEST FOR AUTHORIZATION to Release the Security for Case No. PP 07-03 — Ford Building Located at 73-141 Fred Waring Drive, and Waive the Maintenance Bond Requirement (Bob and Marilyn Ford, Applicants). Rec: By Minute Motion, release the security for Case No. PP 07-03 (Ford Building) and waive the Maintenance Bond requirement. 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 A. RESOLUTION NO. 2010 - 26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (PUBLIC RESOURCES CODE §§ 21000 ET SEQ.). Mayor Pro Tem Ferguson moved to waive further reading and adopt Resolution No. 2010-26. Motion was seconded by Benson and carried by a 5-0 vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE WORK PLAN FOR THE CITY OF PALM DESERT ENVIRONMENTAL SUSTAINABILITY PLAN AND DESIGNATION OF THE NINE (9) RECOMMENDED PERSONS TO THE CITIZENS' SUSTAINABILITY COMMITTEE. Councilmember Benson moved to, by Minute Motion, approve the Environmental Sustainability Work Plan and designate the nine (9) specified persons to the Citizens' Sustainability Committee. Motion died for lack of a second. Councilman Kelly stated he was concerned about the committee selection, even though he believed they were all good candidates. However, he felt that transportation, public transit, hotels, and El Paseo businesses, which were an important part of a sustainable community were not represented. Councilman Spiegel asked how staff came up with the individuals on the Committee. Assistant Planner Missy Grisa responded staff came up with a group of people that represented the various categories of the Sustainability Plan. Staff recommended nine persons to the Committee with the understanding that the City Council may add to the list. If suggestions are made by the Council, staff can return at the next City Council meeting with a final list. Councilman Spiegel stated that normally when the Council created a committee like this one, the Council interviewed the candidates, and when there are vacancies, applications are solicited and then those candidates are interviewed. He said the Council was accustomed to appointing the members, and he didn't know anyone on the proposed list forthis committee. Ms. Grisa responded staff can follow the Council's process. Further responding, she said staff would like to keep the membership between seven and nine, but ultimately it depended on how many members the Council wished to have on the Committee. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 Mayor Finerty stated it was fine to have a committee, but the City didn't have the dollars to make any kind of substantial contribution. She knew the Council had set aside some goals that were zero or no cost and questioned what this Committee planned to do, because the Council had already outlined where it wanted to go and thought staff was going to handle it. Ms. Grisa agreed, stating that forming a Citizens' Advisory Committee consisting of young professionals was one of the top items on the work plan identified as Number 27. She said most of the items on the work plan were low-cost action items, and this advisory committee was set up to review the policies created by staff. Staff will continue to put together the policies and procedures of all of the actions identified, which was another way to obtain citizen input on the actions staff was looking to take. Councilman Spiegel agreed with Councilman Kelly's statement that the Committee did not include representation from the hotels or major businesses like The Gardens or Westfield, and the Council didn't know how this work plan will affect them. He thought it was important to include major businesses as part of the Committee. Mayor Finerty stated the impact that some of the goals would have on businesses was discussed at the study session and how it would hit them in their pocketbook, but also discussed the current economy, which was one of the reasons why the Council didn't want to jump into this. She felt this was another layer of bureaucracy that really wasn't needed at this point, because the City wasn't ready to move forward. Maybe when the economy improved or when the unemployment was 6%, which is what Supervisor Benoit kept saying, the City can start implementing this work plan. However, she felt many of the items will hurt businesses and they were struggling enough already. She suggested continuing this item to a date uncertain and look at it again in a year to see how the economy and businesses are doing, and also review the Transient Occupancy Tax (T.O.T.) and Retail Tax. Mayor Finerty moved to, by Minute Motion, continue the matter and revisit this item in a year to see how the economy and business are doing and also review the City's Transient Occupancy Tax (T.O.T) and Retail Tax. Motion was seconded by Spiegel. Mayor Pro Tem Ferguson agreed with Councilman Spiegel, stating he's never had staff unilaterally put together a committee and hand it over to the City Council. He was curious to know the philosophy that certain people have that are the Committee to make sure it's balanced, and that it will do the work as directed by the Council. He disagreed with the Mayor that the Council can put off its responsibility for a year, because some of the items cost money. He said the Council had obligations to get underway, and the formation of a committee was approved by this Council in the City's work 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 plan, and staff was doing its job by putting it together; however, he felt the procedure by which it was done was hasty. Given that summer was approaching, this matter could get the delay the Mayor wanted. He would like to start over again, seek applications from people, hear why they want to be on this committee, reduce the number of applications to conduct interviews in the fall, and form a committee by the end of the year to get started on the work plan, even if it's just on those items that cost little or no money. Ms. Grisa asked for clarification on whether the Council was deferring the whole Sustainabilty Plan and Committee until the fall or was staff to continue working on the no -cost items. Councilman Spiegel stated the Council was asking staff to review the candidates for the Committee and return to Council in order to conduct interviews to form the Committee, and then move forward. Mayor Pro Tem Ferguson concurred, stating he would like it to be a substitute motion, and moved to, by Minute Motion, continue the matter in order for staff to solicit applications from individuals to serve on the Citizens' Sustainability Committee, followed by their review and City Council's selection of applicants to be interviewed this fall, their appointment, and begin carrying out the Work Plan thereafter. Motion was seconded by Spiegel. In answer to Ms. Mendoza's question about a deadline, Mayor Pro Tem Ferguson stated with the summer approaching and his desire to have candidates fill out applications and answer questions he can review prior to interviewing so that he can know what to ask, interviews will probably take place in the fall, and the goal would be to have the committee formed by the end of the year. Councilman Spiegel stated the candidates will be interviewed in the fall if the applications are received in September, and that could take care of everything, so there was no set deadline date. Responding to inquiry, Ms. Grisa said she was clear on Council's direction in that the Work Plan will be deferred until the Committee was presented and approved by the City Council. Councilman Spiegel clarified that candidates will be interviewed and appointed by the City Council. Mayor Finerty called for the vote, and the motion carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 B. REQUEST FOR APPROVAL OF "DESERT BLOOM" BY GREG REICHE AS THE PUBLIC ART COMPONENT FOR THE DESERT WILLOW GOLF RESORT EXPANSION. Councilmember Benson stated she did not attend the Art in Public Places meeting, but knew this item was approved by the Commission. Councilman Spiegel noted the artist offered to reduce the price of the art to half its value. Councilmember Benson stated the art piece will be placed at the second entrance off the side parking. Councilmember Benson moved to, by Minute Motion, approve "Desert Bloom" by Greg Reiche at a cost of $20,000 as the public art component for the Desert Willow Golf Resort Expansion project —funds are available in Account No. 436-4650-454-4001. Motion was seconded by Spiegel and carried by a 4-1 vote, with Kelly voting NO. C. REQUEST FOR APPROVAL OF CONTRACT WITH DIEHL, EVANS & COMPANY, LLP, TO PERFORM AUDITING SERVICES FOR THE CITY OF PALM DESERT, REDEVELOPMENT AGENCY, AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION FOR THE FISCAL YEAR ENDING JUNE 30, 2010 (CONTRACT NO. C27542). Councilman Spiegel moved to, by Minute Motion, approve the subject contract with Diehl, Evans & Company, LLP, Irvine, California, to perform auditing services for the City of Palm Desert, Redevelopment Agency, and Palm Desert Recreational Facilities Corporation for the Fiscal Year Ending June 30, 2010. Motion was seconded by Kelly and carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE FIRE STATION NO. 33 CONCRETE DRIVEWAY REPAIR PROJECT TO ASR CONSTRUCTORS, INC., IN THE AMOUNT OF $94,300 (CONTRACT NO. C28550, PROJECT NO.613-09) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilman/Member Spiegel asked what kinds of clerical errors occurred with Southland Construction and Doug Wall Construction that would cause them to withdraw their bid. Project Administrator Ryan Gayler responded the first low bidder Southland Construction didn't specify the clerical errors they had, but in review of their bid documents there were multiple empty spaces with their forms. He tried contacting them, but they didn't return the call, except for a fax from them 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 stating they wished to withdraw their bid. After Southland Construction withdrew their bid, he contacted the next lowest bidder Doug Wall Construction to discuss the project, but they were confused with the addendum. He said going into the bid, Doug Wall Construction bid on six-inch thickness of concrete instead of one foot, so they had a legitimate misunderstanding. Mayor Pro TemNice Chairman Ferguson moved to, by Minute Motion: 1) Accept withdrawal of bids from Southland Construction and Doug Wall Construction, and award the subject contract for Construction of the Fire Station No. 33 Concrete Driveway Repair Project to ASR Constructors, Inc., Riverside, California, in the amount of $94,300; 2) authorize the Mayor to execute the contract — funds are available in Redevelopment Agency Account No. 850-4220-464-4001 - Project Area No. 1 Fire Services. Motion was seconded by Spiegel and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION OF CONTRACT WITH CLEANSTREET FOR $28.45 PER CURB MILE AND AN ANNUAL TOTAL OF $175,604.78 FOR CITYWIDE RESIDENTIAL AND COMMERCIAL STREET SWEEPING SERVICES - FISCAL YEAR 2010-2011 (CONTRACT NO. C28821). Councilman Kelly moved to, by Minute Motion: 1) Approve a one-year extension of the subject contract with CleanStreet, Gardena, California, for $28.45 per curb mile and an annual total of $175,604.78 for Citywide residential and commercial street sweeping services - FY 2010-2011; 2) authorize the Mayor to execute the agreement — funds are available in General Fund Account No. 110-4310-433-3320 - Street Repair and Maintenance. Motion was seconded by Ferguson and carried by a 5-0 vote. F. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE 2010 CURB RAMP MODIFICATION PROJECT TO CONTRERAS CONSTRUCTION COMPANY IN THE AMOUNT OF $19,525 (CONTRACT NO. C29650, PROJECT NO. 753-10). Councilman Spiegel said the interesting thing about this bid was that Contreras Construction, who was the low bidder, came in approximately 22% lower than the engineer's estimate, which was a good thing. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract for Construction of the 2010 Curb Ramp Modification Project to Contreras Construction Company, Indio, California, in the amount of $19,525; 2) authorize the Mayor to execute said Agreement — funds are available in General Fund Account No. 110-4312-433-3320 - Curb and Gutter Maintenance. Motion was seconded by Kelly and carried by a 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 G. REQUEST FOR AUTHORIZATION TO ACQUIRE A PROPERTY LOCATED IN FALCON CREST KNOWN AS APN 624-430-016 (74506 FALCON LANE), IF NECESSARY, IN ANTICIPATION OF THE EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilmember/Member Benson moved to, by Minute Motion: 1) Authorize acquisition of the subject property for the purpose of retaining affordability covenants and resale, if necessary, in anticipation of the expiration of the 45-day first right -of -refusal period, in the amount pursuant to the Affordable Agreement; 2) approve Agency Silent Second and City BEGIN Third Trust Deed in amounts necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency resale from Housing Set -aside Fund and BEGIN Program monies; 3) authorize the Director of Finance to draw monies to facilitate the transaction from Account No. 870-4492-464-4001 and the BEGIN Program Fund, Account No. 214-4492-464-4001; 4) authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction. Motion was seconded by Spiegel and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF AMENDED PALM DESERT COUNTRY CLUB NEIGHBORHOOD PARK (JOE MANN PARK) LEASE (CONTRACT NO. C16152) (Continued from the meeting of April 22, 2010). Councilman Spiegel moved to, by Minute Motion, approve the Amended Lease for Palm Desert Country Club Neighborhood Park (Joe Mann Park), reducing the space requirement for the CeII Tower, and authorize the Mayor to execute same. Motion was seconded by Ferguson and carried by a 5-0 vote. XVI. OLD BUSINESS None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE APPROVAL OF AN AMENDMENT TO THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE RELATING TO DEFINITIONS/DEVELOPMENT OF "ROCK OUTCROPPINGS" Case No. ZOA 10-41 (City of Palm Desert, Applicant) (Continued from the meeting of April 8, 2010). Mr. Erwin stated he had previously requested the Council to continue this item to this date, and he was now requesting the Council to continue this matter indefinitely. Councilman Spiegel moved to continue this matter indefinitely. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF LANDMARK DESIGNATION FOR THE HISTORICAL SOCIETY OF PALM DESERT (PALM DESERT FIRE CONTROL STATION) LOCATED AT 72-861 EL PASEO AS A LOCAL HISTORIC LANDMARK Case No. CRPC 10-01. Mr. Grance stated the proposed Resolution was a request for consideration in approving landmark designation status to the City of Palm Desert's first Fire Control Station. On April 27, the Cultural Resources Preservation Committee conducted a public hearing, and that body unanimously approved recommending nomination. He said this building was constructed in 1951 on land donated by Clifford W. Henderson, one of four brothers who played a key role in Palm Desert's early development. He said the building was a significant cultural resource as it was the City's first fire station, and it was eligible for designation as it reflects distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement, growth, agriculture, and transportation. The building is owned by the City of Palm Desert and is leased to the Historical Society of Palm Desert which maintains their Headquarters and Archival Center. He offered to answer questions. Councilman Spiegel stated there was no better building to be the first one to go under the City's historical designation. Mayor Finerty declared the public hearing open and invited anyone who wished to come forward to speak on the matter to do so at this time. With no testimony offered, she declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010-27, reaffirming the action of the Cultural Resources Preservation Committee, designating the Historical Society of Palm Desert (Palm Desert Fire Control Station) 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 located at 72-861 El Paseo with landmark designation in accordance with Section 29.40.010 of the Palm Desert Municipal Code. Motion was seconded by Ferguson and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2 01 0-2 01 1 FUNDING RECOMMENDATIONS AND ONE-YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Councilmember Benson noticed $15,000 was allocated to the Desert Cancer Foundation and nothing to Food In Need of Distribution (FIND) and FISH of the Lower Coachella Valley, which had been funded by the City for 30 years for the food bank programs. She said Desert Cancer Foundation had a very well-oiled ability to raise money, and she would like to see that $15,000 given to FIND and FISH for the hungry and food banks. Councilman Spiegel noticed that the Family YMCA of the Desert requested $24,000, but the request was denied. Mayor Finerty. asked if the YMCA was funded through outside agency funds. Mr. Gibson stated the City provided the usual yearly contribution to the YMCA. Councilman Spiegel stated funds are provided for the Jean Benson Child Care Center. Ms. Riddle stated the YMCA's request was for the Easter Egg Hunt and other similar programs, which were previously funded by the City. However, the YMCA is not able to track and obtain the self -certification forms for income, ethnicity, and things that are required through Community Development Block Grant (CDBG), which was the primary reason they were not recommended for a grant this year. Responding to question, she said the YMCA can still have an Easter Egg Hunt if they can fund it through another source, but it couldn't be funded through a CDBG. Councilman Kelly stated he agreed with Councilmember Benson's suggestion to have $15,000 given to FISH and FIND, because lack of food was a big problem in the Valley. Councilmember Benson suggested dividing the $15,000 by donating $7,500 each to FISH and FIND. She said some organizations had the ability to raise funds and others didn't. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 Ms. Riddle stated if the Council was going to fund an alternative, she would recommend FISH, because they are better at tracking. She said FIND did not track income, because they only gathered general information. Councilmember Benson suggested moving the $15,000 to FISH. Councilman Spiegel agreed, stating a lot of money had already been given to FIND for their building. Ms. Riddle agreed the City had funded FIND for several years in the past, but with CDBG's the City should avoid having an organization be dependant upon its funding source, but the City had already gone beyond. Councilman Spiegel commented that the need for food in the Valley was so large. Councilmember Benson said it was an exception to the rule. Councilman Spiegel stated the Ranch Recovery Center was being allotted a large amount, and he would like to take a small portion of that for the YMCA. Ms. Riddle said those were Capital Improvement Funds. Further responding, she said the City couldn't fund the Easter Egg Hunt, because the YMCA did not track or monitor those participants. She said the YMCA has been made aware of the requirement and their inability to do so. She informed the YMCA that she would not recommend them because of their inability to track and monitor the event as required by the CDBG. She said the YMCA made an appearance at the Outside Agency Committee Meeting, and at that time they were informed. Councilmember Benson stated if the economy improved, they can request a donation through the outside agency funds. She said the Council used to donate $1 ,000 or $2,000, which can be done again if the economy improved. Mayor Finerty declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Councilmember Benson moved to, by Minute Motion: 1) Approve the Outside Agency Funding Committee's FY 2010-2011 recommendations as amended to reallocate $15,000 from Desert Cancer Foundation to FISH; 2) approve the FY 2010-2011 One-year Action Plan; 3) authorize the City Manager to sign the One-year Action Plan Certifications; 4) authorize staff to submit the One-year action Plan to the U. S. Department of Housing and Urban Development (HUD). Motion was seconded by Kelly and carried by a 5-0 vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Reauest for Volunteer City Councilmember to Serve on the Palm Springs Unified School District's (PSUSD) Rancho Mirage High School Naming Committee. Mr. Wohlmuth reported that PSUSD was establishing a committee to name the new high school being built in Rancho Mirage. Today he'd spoken with PSUSD's Superintendent, Dr. Lorri McCune, to ask if Palm Desert could have a representative on the committee, and she agreed. It was noted that there is no schedule yet for the first meeting, but if she was given a name of a City representative, they would be included. He asked if there was a volunteer Councilmember willing to serve in this capacity. Councilman Kelly volunteered to serve on the Rancho Mirage High School Naming Committee, and with City Council concurrence, he was approved. 2. Outside Aaencv Fundina Recommendations for FY 2010-2011. Mr. Wohlmuth stated that the last thing to be considered in putting together the City's FY 2010-2011 Budget was Charitable Contributions (Outside Agency Funding). He said the Outside Agency Funding Committee met last week and made its recommendations, with the resulting report to be placed on the City Council's next agenda. He added that staff will take into consideration the issues raised today during the CDBG Public Hearing. B. CITY ATTORNEY None C. CITY CLERK None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 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 Reauests and Reports: None o City Council Committee Reports: 1. Southem California Association of Governments (SCAG) - Councilman Kelly reported that after being appointed to represent the City at the SCAG General Assembly in La Quinta last week, he participated but was disappointed. For him, it was a layer of govemment that could be compared to going through a sausage factory, which tended to leave one not wanting to eat sausage anymore. 2. Leaaue of Califomia Cities - City Selection Committee — Councilman Kelly went on to report that he'd recently represented Palm Desert at the League's City Selection Committee, requiring him to drive across western Riverside County. He noted that the streets and roads there are pathetic — two-lane roads carrying a huge amount of traffic even after 20+ years of Measure "A" funding. It reminded him of what a good job representatives in the Coachella Valley have done with Measure "A" in order to benefit transportation. Mayor Finerty offered thanks to Councilman Kelly for all his good work to this end. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2010 o City Council Comments: None XIX. ADJOURNMENT Upon a motion by Spiegel, second by Ferguson, and unanimous vote of the City Council, Mayor Finerty adjourned the meeting at 4:42 p.m. ATTEST: CHELLE D. KL SS N, CITY CLERK CITY OF PALM DESERT, CALIFORNIA C NDY FIN = ' , MAYOR 18