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HomeMy WebLinkAbout2011-02-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 10, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Deputy City Clerk Grace Mendoza convened the meeting at 3:00 p.m. Due to lack of a quorum, she adjourned the meeting to 3:30 p.m. Mayor Benson reconvened the meeting at 3:30 p.m. II. ROLL CALL Present: Councilmember Cindy Finerty Councilmember Jan C. Harnik Councilman William R. Kroonen Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson 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. Sheriffs Dept. Dan Wilham, Chief of Police, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk 1I1. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: 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 Spiegel, second by Finerty, and 5-0 vote of the City Council, Mayor Benson adjoumed the meeting to Closed Session at 3:32 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 Robert A. Spiegel VII. INVOCATION - Mayor Jean M. Benson VIII. ORAL COMMUNICATIONS - B MR. JOSEPH GAUGUSH, Broken Arrow Trail, Palm Desert, CA, stated he was promoting and seeking Council's support for the Annual Alzheimer's Associations Memory Walk to be held Saturday, March 5, at the Civic Center Park. He said this event was near and dear to his heart as he lost his wife Mary to Alzheimer's in October 2008. He said the walk was an important fundraising effort on the part of the Association, because they provided much needed services for those affected by Alzheimer's and those in the care giver mode. He distributed flyers to the Council and stated he hoped to see them at the event. Additionally, he requested permission to display the flyers in the public areas in City Hall. Mayor Benson requested he provide the flyers to the City Manager who will distribute accordingly. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF FEBRUARY 2011 AS "FAFSA (FREE APPLICATION FOR FEDERAL STUDENT AID)" MONTH IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Benson presented the proclamation to Mr. Terry Green, Director of Education and Workforce Development. MR. TERRY GREEN expressed his appreciation to the Council for the proclamation. He said in partnership with Coachella Valley Economic Partnership (CVEP) they are underway on a month -long campaign to raise awareness among the youth, high school and college students in particular, for the ability to receive free financial aid, which can be applied for by going on-line. He said an overwhelming number of students in the Coachella Valley are considered low-income students and eligible for financial aid. What's been discovered is that only a third of the students who are eligible actually apply, and obtaining a scholarship for $10,000 was the difference between achieving a college degree or not. He said CVEP has organized a valley -wide campaign with all the school districts competing by having all the high schools participate. The winning high school in each district with the highest percentage of Free Application for Federal Student Aide (FAFSA) completed will win $3,000 from CVEP toward a senior trip or senior event. A special fundraiser will take place tomorrow at UCR-Palm Desert to raise funds to give prizes to the schools. He urged the Council's support at the fundraiser, stating Economic Development Manager Ruth Ann Moore had tickets available to sell. Mayor Pro Tem Spiegel stated he received an e-mail from the Mayor of Cathedral City stating February was FAFSA month and announcing that tomorrow UCR will be providing a concert. MR. GREEN said entertainment will be provided from four different high schools in the Valley with free food and refreshments for those that attend at $100 a ticket. Further responding, he said the way to raise the percentage for your school is by getting as many students possible from your high school to fill out the FAFSA application. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 B. APPOINTMENTS TO VARIOUS VACANCIES ON AND REAPPOINTMENTS TO THE CITY'S STANDING COMMITTEES AND COMMISSIONS. Mayor Pro Tem Spiegel moved to, by Minute Motion, make the following appointments/reappointments to the respective City Committees and Commissions: 1) Art In Public Places Commission: Appoint Lesley Miller to fill the unexpired term of John Weston (12/31/11) and appoint Maureen Boren to a four-year term (12/31/14) to fill the expired term of Barbara Stenning; reappoint Katherine Hough to a four-year term (12/31/14). 2) Audit. Investment & Finance Committee: Appoint Susan Marie Weber to a four-year term (12/31/14) to fill the expired term of Jono Hildner. 3) Building Board of Aooeals & Condemnation: Reappoint Pamela Martin and Denise Poeltler each to a four-year term (12/31/14). 4) Cultural Resources Preservation Committee: Appoint Arthur Davis to fill the unexpired term of Vera Handley (12/31/11); reappoint Kim Housken and D. Kent Routh each to a four-year term (12/31/14). 5) Housing Commission: Appoint Robert Nevares for a four-year term (12/31/14) to the Resident Commissioner position formerly held by Charles Helsper; reappoint Gene Colombini, Donna Lewis, and Natalie Russo each to a four-year term (12/31/14). 6) Library Promotion Committee: Appoint Aaron Bonner to the unexpired term of Betty Carapellese (12/31/12); reappoint Joan Beasley, Lois Cardona, and Louise Kermode each to a four-year term (12/31/14). 7) Marketing Committee: Appoint Rolf Hoehn to the term formerly held by Brent Wise (12/31/14); reappoint Michael Shimer to a four-year term (12/31/14). 8) Parks & Recreation Commission: Appoint Mary Helen Kelly to the unexpired term of Terry Schukart (12/31/12) and Dean Dowty to the expired term of A. Phill Babcock, Jr. (12/31/14). 9) Plannino Commission: Appoint Roger Dash to a four-year term (12/31/14) to fill the expired term of Mari Schmidt; reappoint M. Connor Limont to a four-year term (12/31/14). 10) Proiect Area No. 4 Committee: Appoint Berit Reistad-Daly to a four-year term (12/31/14) to fill the vacancy created by Doug Luhring's transfer to the Public Safety Commission; reappoint Ron Crisp and Jane Daugherty each to a four-year term (12/31/14). 11) Public Safety Commission: Appoint Doug Luhring to a four-year term (12/31/14) to fill the expired term of James Larsh; reappoint Rick Lebel to a four-year term (12/31/14). 12) Rent Review Commission: Appoint Ken Dorf to the unexpired term of Steve Koffler (12/31/11) and appoint Richard (Dick) Porch to the unexpired term of Alternate Commissioner Charles Brown (12/31/11). 13) Youth Committee: Reappoint Kevin Autran, Laura Baldwin, Chris Benedetto, Julien Bloch, Adam Chaplin, Carl Gerhardt, Donald (Bryce) Griffith, Natalie Grum, Antonia (Toni) Gutierrez, Will Harvey, Mykos Marcinkevicius, Garrett Powell, Landen Powell, Sydney Werry, and Wes Wohlmuth each to a one-year term (12/31/11). Motion was seconded by Kroonen and carried by a 5-0 vote. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 27, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 155, 160, 161, and 166. Rec: Approve as presented. C. LIBRARY PROMOTION COMMITTEE MINUTES for the Meeting of November 17, 2010. Rec: Receive and file. D. REQUEST FOR APPROVAL of the Streamlined List of Vendors for the Special Programs Department for Solid Waste, Recycling, and Special Events by Granting an Exception to City Bidding Requirements - Fiscal Year 2010-2011. Rec: By Minute Motion: 1) Grant an exception to the bidding requirements as provided for in Palm Desert Municipal Code Section 3.32.090 for FY 2010-2011; 2) approve the Special Programs/Events Vendors List as presented in the accompanying staff report. E. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R29420A — Lakeview Terrace Expansion Project at Desert Willow Golf Resort (DavisReed, Inc., San Diego, CA) (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. F. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R29450C — Kitchen/Building Expansion Project at Desert Willow Golf Resort (The Penta Building Group, Palm Desert, CA) (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Upon a motion by Kroonen, second by Spiegel, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING FOR CONSIDERATION OF A STREET NAME CHANGE FOR 35TH AVENUE IN THE CITY LIMITS. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2011 -7. Motion was seconded by Hamik and carried by a 5-0 vote. B. RESOLUTION NO. 2011 - 8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A DIVISION OF THE PRESENT RETIREMENT SYSTEM AND ALLOWING EACH ELIGIBLE MEMBER TO ELECT WHETHER OR NOT HIS SERVICES SHOULD BE EXCLUDED FROM OR INCLUDED UNDER THE SAID CALIFORNIA STATE SOCIAL SECURITY AGREEMENT AS HEREINBEFORE PROVIDED; WITH SUCH "MEDICARE -ONLY" COVERAGE EFFECTIVE AS A SERVICE PERFORMED ON AND AFTER JULY1,2011. Human Resources Manager Lori Carney stated the proposed Resolution only applied to employees who were hired by the City prior to April 1, 1986, which is when the Federal Govemment enacted Medicare and required all public employees to participate in the system; prior to that date, Medicare participation was not required for public employees. People who were current employees at that time were grandfathered out of the Medicare system; therefore, the City has six long-standing employees that have not contributed to the system and may not be eligible for Medicare. The proposed Resolution will allow those employees to elect to participate into the system going forward so that they can earn credits in the Medicare system. Responding to question, she said in the long run it will save the City money, because then when those employees reach the age of 65 and are eligible for Medicare, their premiums will go down. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2011 - 8. Responding to question, Ms. Carney said only one of the six employees had shown any interest, because people can obtain Medicare eligibility through a spouse. Motion was seconded by Finerty and it carried on a 5-0 vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1220 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.52 BY AMENDING SECTIONS 2.52.900, 2.52.905, 2.52.910, 2.52.915, AND 2.52.925, AND ADDING SECTIONS 2.52.930 AND 2.52.935 RELATIVE TO DISCIPLINARY ACTIONS. Human Resources Manager Lori Camey stated this was the second reading of the Ordinance. She said staff was not changing the discipline policy but making the procedure more detailed for enacting discipline under State and Federal rules. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1220. Motion was seconded by Finerty and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS FOR THE CITYWIDE LIGHTING INVENTORY AND ELECTRICAL INSPECTION PROJECT AND DIRECT STAFF TO EVALUATE ALTERNATIVES (CONTRACT NO. C30410). Mr. Greenwood stated staff attempted to streamline and improve the efficiency of the way it conducted lighting maintenance in parks and parking Tots. However, the way the request for bid was packaged, staff grouped subcontractors who didn't normally work together and as a result, the bids were much higher than anticipated, and therefore, staff recommends Council reject the bids. He said staff networked a step process to approach this issue in smaller pieces through a series of smaller contracts, which will be more efficient. Responding to question, he said the City has more than 2,500 lights in parking lots and parks, which requires specialized work to be done by electricians, because they are dealing with very high voltage. He said the lights fail frequently and need to be maintained. Staff currently calls an electrician to respond on a case by case basis, which is not the most efficient process. Responding to question on using solar to make it cheaper for the City, he said it was unlikely, but he will look into it. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 Councilmember Finerty asked if it was possible to conduct weekly or bi-weekly inspections. Mr. Greenwood answered yes, which is how they find out certain lights are burned. He said staff could handle a burned bulb, but frequently it was much more involved with starters and electronic components when they call someone on a case by case basis. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Reject all bids received for the Citywide Lighting Inventory and Electrical Inspection Project; 2) direct staff to evaluate alternative methods for performing the work. Motion was seconded by Kroonen and carried by a 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT TO JOHN BARAJAS MASONRY CONTRACTOR IN THE AMOUNT OF $49,019 FOR CONSTRUCTION OF THE FREEDOM PARK WELL SITE WALL (CONTRACT NO. C23210G, PROJECT NO. 713-10). Mr. Greenwood stated the City was required to provide this well site to Coachella Valley Water District (CVWD) when it build the Freedom Park Complex, and staff was now getting around to finishing up the improvements that CVWD requires. Additionally, City staff has been out there installing the drainage aspect that went with the well site, but this contract was for the perimeter wall around the well site. He said a subsequent contract is forthcoming in a couple of months for installation of the electrical supply to the well site. He pointed out the cost is offset by a deposit received from the adjacent Stonebridge Homes Development. Further responding to question on why the City was required to provide a well site and then build a wall around it, he said in order for the water district to provide water, they require the City and/or any developer of land to dedicate a certain amount of land, which was usually about a half an acre per location and also provide a well site. Councilman Kroonen asked if it was similar to holding control of the valve, and if the City didn't play their game, the water was tumed off. Mr. Greenwood answered yes. Councilman Kroonen moved to, by Minute Motion: 1) Waive irregularities in the bid; 2) award the subject contract for Construction of the Freedom Park Well Site Wall to John Barajas Masonry Contractor, Bermuda Dunes, California, in the amount of $49,019.00; 3) authorize the Director of Finance to set aside a 10% contingency in the amount of $4,901.90; 4) authorize the Mayor to execute said contract; 5) budget revenue of $53,920.90 from the funds deposited in deferred revenue; 6) appropriate $53,920.90 from Unobligated Fund 400 to Freedom Park Project Account No. 400-4670-454-4001 — 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 $65,925.51 has been deposited by the Stonebridge Development to contribute toward construction of the well site. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OFA ONE-YEAR LEASE AGREEMENT WITH DONNA PISZCZOR FOR OPERATION OF A REMOTE -CONTROLLED CAR RACETRACK ON A VACANT, CITY -OWNED PARCEL LOCATED ON PAINTERS PATH (APN 640-091-010) (CONTRACT NO. C29461). Senior Management Analyst Ryan Stendell stated this contract represented a one-year extension to the existing remote control car racetrack that resides to the rear of The Desert Crossing Shopping Center. The operators had an extremely successful first year, which concluded with a Toys for Tots drive in December and did an amazing job in their first year to bringing the track back to life and providing a new unique recreational opportunity in Palm Desert. Staff recommends approval of the Lease Agreement for another year of operation. Councilman Kroonen moved to, by Minute Motion, authorize the Mayor to execute the subject One-year Lease Agreement with Donna Piszczor for operation of a remote - controlled car racetrack on a vacant, City -owned parcel located on Painters Path (APN 640-091-010). Motion was seconded by Spiegel and carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT TO MONA LEA'S INTERIOR DESIGN SOURCE IN AN AMOUNT NOT TO EXCEED $64,868.60 FOR THE DESERT WILLOW BANQUET CHAIRS (CONTRACT NO. R29420D). Councilmember Finerty asked how many chairs were being purchased. Redevelopment Manager Martin Alvarez answered 300. He said the Desert Willow expansion was complete and the subject contract will allow for the purchase of 300 banquet chairs to service the expanded project and terrace. Mayor Pro Tem Spiegel questioned why the other bids were nonresponsive, specifically MTS Seating, which was half the amount. Mr. Alvarez responded the specifications called for durability, construction type, height, width, etc., and some contractors or vendors proposed alternates that did not meet the specifications requested, which is why there is a price difference as well. Further responding, he confirmed the alternates were not of the same quality. Councilmember Finerty asked what was the life expectancy of the chairs from Mona Lea's Interior Design Source as opposed to the chairs from MTS Seating, and why did MTS Seating submit two different bids. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 Mr. Alvarez said he didn't have the exact warranty information, but thought Mr. Rich Mogensen from Desert Willow could answer that question, but with respect to the two bids, he said MTS Seating submitted two different altemates. MR. RICH MOGENSEN, Desert Willow General Manager, stated there are a lot of choices in seating with different types, ergonomics, and the different aspects to consider, but the warranty was usually no more than a year, because after that there is the wear and tear in a banquet environment. He said most vendors respond if there is a consistent consequential problem, but banquet chairs usually last five to seven years in terms of life expectancy. Councilmember Finerty stated if the warranty is for one year for Mona Lea's and MTS Seating, the City can buy two sets of chairs from MTS for the price of Mona Lea's. MR. MOGENSEN agreed, but stated the quality of the product was not the same, some of the products are made in China as opposed to the selected seating, which was made in the United States. He said there were also ergonomic aspects to consider, the comfort level, and its flexibility. He said chairs were really an individual preference and staff tried to find chairs with the quality they believed Desert Willow needed and also fit into the motif of the resort. Further responding, he said the chairs did not have arms as they are stackable banquet chairs used for events and wedding ceremonies for seating 300 in the ballroom, dining room, outside, and other sections. Mayor Pro Tem Spiegel stated he was in favor of the recommendation, because the vendor was local and believed the vendor would stand behind its product. MR. MOGENSEN concurred. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Award the subject contract to Mona Lea's Interior Design Source, Palm Desert, California, in an amount not to exceed $64,868.60 for the Banquet Chairs at Desert Willow Golf Resort; 2) authorize the Mayor to execute said contract for this purpose —funds are available in Desert Willow Golf Course Maintenance Fund, Account No. 241-4195-495-8092. Motion was seconded by Kroonen and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 E. REQUEST FOR APPROVAL OF CONTRACTS FOR PERFORMING ARTS AND FIREWORKS DISPLAY IN CONJUNCTION WITH PALM DESERT'S 2011 INDEPENDENCE DAY CELEBRATION ON MONDAY, JULY 4. Ms. Riddle stated the item was for approval of contracts with Pyro Spectaculars for the fireworks display and Side Street Strutters who will perform the vocal and instrumental entertainment. Further responding, she said it was the same vendors as last year. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve contract with Pyro Spectaculars by Souza, Rialto, California, in the amount of $35,000 for professional staff and pyrotechnic supplies and services for Palm Desert's 2011 Independence Day Celebration (Contract No. C30590A); 2) approve contract with Side Street Strutters in the amount of $7,500 to provide instrumental and vocal entertainment in conjunction with Palm Desert's 2011 Independence Day Celebration (Contract No. C30590B); 3) authorize the Mayor to execute said contracts — funds are available in Account No. 110-4416-414-3061. Motion was seconded by Finerty and carried by a 5-0 vote. F. REQUEST FOR AWARD OF CONTRACT TO FAMILY YMCA OF THE DESERT FOR ANNUAL MANAGEMENT AND OPERATIONS OF THE PALM DESERT AQUATIC CENTER (CONTRACT NO. C29400B). Senior Management Analyst Ryan Stendell noted the staff report and City Manager's memorandum outlining two changes to staff's original recommendation. Mayor Pro Tem Spiegel stated he wanted to know how staff arrived to the prices the City will be charging and noted he had spoken to Mr. Ballew about it already. He had the price list from a new water park that just opened up in Riverside that he distributed to the Council where the individual day fee was considerably more, which he understood because they had more slides and things of that nature, but the season prices were less and it didn't make sense to him. He believed in the summer there will be a lot of kids that will want to have a summer pass to be at the pool every day. He asked staff to review the fees. Mr. Stendell agreed to review the fees, stating everything has been modeled off the original Ballard*King Report and slightly modified through the Request For Proposal(RFP) process with the YMCA. He said staff was curious about the fees but not sure what the market will do. However, staff wants to post fees that people will respond to, so it will take careful consideration with the fees. Mr. Wohlmuth stated that in order for the City to establish fees, a resolution will need to be adopted by the Council, but it was not the appropriate time. Currently staff had the Ballard*King Report that identified the competitive 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 price structure, but ultimately staff will work with the YMCA and bring a resolution to the Council for that fee structure. Councilman Kroonen stated he's always a little concern when Council receives a last minute revision for additional funding. While he understood the rationale, he wondered if that $30,000 difference had made any difference in the recommendations as this contract came forward. Mr. Stendell responded that because staff was on an aggressive timetable, at the time the staff report was prepared, the figures were not finalized so staff submitted figures it would like to see while still negotiating with the YMCA. In fact, staff wasn't sure if it would be asking for a continuance or be ready to approach it at this point. Councilman Kroonen asked if it gave staff cause to pause for the larger picture. Mr. Stendell answered not in the first year, because of the extreme indirect cost that will be incurred by the YMCA. He said the Finance Department, Human Resource, and CEO will be spending an inordinate amount of time, which will taper down in the following year. The contract is for the initial one year with two potential extensions, so from a three-year standpoint, staff was looking at renegotiating downward. Councilman Kroonen stated the rationale was well stated and thanked Mr. Stendell for the explanation. Mr. Wohlmuth confirmed the answer to both questions was no. Mayor Benson stated the figures for the contract will be reviewed after the first year. Mr. Stendell agreed, stating a year from now staff will be looking at a much different picture. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Authorize award of the subject contract to Family YMCA of the Desert, Palm Desert, Califomia, for Annual Management and Operation Services for the Palm Desert Aquatic Center, and the Mayor to execute same; 2) authorize expenditures associated with start-up operations as outlined in Exhibit B; 3) appropriate said funds from the Unobligated General Fund Reserves to Account No. 110-4199-499-5010 (Interfund Transfer Out) and budget estimated revenue in new Fund 242 for tracking the Aquatic Center; 4) appropriate said funds from Unobligated Aquatic Center Fund to Account No. 242-4549-454-3090. Motion was seconded by Kroonen and carried by a 5-0 vote. Councilmember Harnik commented that she appreciated all the great programs the YMCA had and their success, but she also wanted to go on 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 record that the City was building a pool for diving, which was something that was not needed. She said the depth of the pool and the amount and treatment of water was an ongoing expense, and there was a reason why when everyone was a child there were diving boards on every pool and today there are none. She knew the pool has been built, but she just had to say it and go on the record. Councilmember Finerty stated that issue had been voted on several times as she recalls. G. REQUEST FOR DIRECTION RELATIVE TO BROADCASTING OPTIONS FOR CITY COUNCIL MEETINGS. Information Technology Manager Clay Von Helf stated staffs recommendation was to direct staff to include funds in next year's budget for broadcasting City Council meetings. Staff also recommended Option No. 2, which included Web streaming on the Web using standard definition cameras. He said Option No. 2 will provide the greatest amount of flexibility with the ability to provide Council meetings on the Internet both live and archived. Web streamed meetings can provide links to items on the agenda, which will bring up that section of the video and making it easy to go straight to items citizens are interested in. When comparing the cost with the vendor operated cameras, this option would require more money up front, but the City will be able to recoup the cost in less than three years. He said by owning the equipment and having it installed would allow greater flexibility to be able to add Planning Commission meetings for little or no additional cost. For instance, tomorrow's meeting with State representatives to discuss redevelopment could be Web streamed. Councilman Kroonen stated one of the con's listed by staff for Option No. 4 was higher ongoing cost. Mr. Von Helf responded Option No. 4 included a yearly fee that ranged from $15,000 to $30,000 a year as opposed to the other options, which is a one-time fee. Councilman Kroonen stated another con listed was that delayed broadcast would have little value to residents and wondered why staff would make that comment. Mr. Von Helf said the thought was that residents watching a meeting live on the Web could come down to City Hall and participate, as opposed to watching a meeting that was old and the item had already been resolved, and residents wouldn't have an opportunity to participate as much. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 MR. LEO SULLIVAN asked the Council to allow MS. MICHELE WILHAM to join him at the dais. He said some may recall him from serving eleven years on the Palm Desert Housing Commission or as the Chair of the Palm Desert Chamber of Commerce in 2000-2001. He was now retired from the banking industry and maintenance building to join several groups, one of them being the Riverside County Office on Aging where he is an advisory council member, and recently appointed to the Califomia Senior Legislature. One of the things that's not addressed for seniors in the community is the fact that many of them do not know or have the ability to use a computer. Therefore, going through the Web would not be a good choice. He said going through Time Wamer would be a better benefit, because most people have a television or live in a facility that had a television. Whether a meeting was live or not was apropos, because these people would not have the opportunity to observe what went on at these meeting. He said many are disabled and unable to attend the meeting, so that was not a very good argument either. He urged the City Council to consider using the Time Wamer method as Palm Desert was one of two communities in the desert that did not televise its meetings, and it was important to join the majority rather than be in the minority. He said the senior community was growing in exponential rates and services needed to be provided to them. He reminded the Council that seniors were the Council's constituents who usually all voted. He introduced Deputy Director of the Office on Aging Michele Wilham who had data on seniors for the Council. MS. MICHELE WILHAM, Deputy Director on Aging with the Riverside County Office on Aging, stated one of the things their office was particularly concemed about in terms of their services and throughout Califomia were the baby boomers. She said baby boomers were bom between 1946 and 1964, and the oldest boomers were tuming 65 at an alarming rate in the Country. She said about every eight seconds someone was tuming 65. The Office on Aging is shifting in terms of those who will become their customers and services they will need to provide. She offered to answer any questions. MR. GORDON SOLOMONSON, Oakwood Way, Palm Desert, CA, thanked the City Council for addressing the subject of transparency, stating the subject was long overdue. He believed there were more small business owners in Palm Desert than large corporate owners, and small business owners had been denied the opportunity to attend Palm Desert City Council meetings held at 4:00 p.m. due to last minute closing activities. He asked the Council to consider upgrading the audio sound system for the Council Chambers. MR. WILLIAM ANDERSON, Deer Grass Drive, Palm Desert, CA, stated he's lived in Palm Desert since 1978, he was aging, and had a hearing problem. With no disrespect intended, he said half of this meeting could have been in Chinese, because he couldn't understand a word said. He said he heard 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 words, but he didn't understand them because the acoustics were terrible. He would prefer the meetings to be recorded so that he can watch them at a later time on his T.V. He went on to say this was the age of transparency in City Govemment, stating he served as a public servant for 32 years, and when one forgets he works for the people, one loses their vantage point. He said public employees' work for the people and the citizens should be informed about what the City is doing. He urged the City Council to consider televising the meetings. Mayor Benson stated the Council was aware of all the acoustic problems and it's been a problem since the building was built. She said the Council Chamber had gone through many renovations and hopefully with the next one the problem will be fixed. MS. SUSAN MARIE WEBER, Buttonwood Drive, Palm Desert, CA, thanked the City Council for placing this item on the agenda. She was really interested to hear what Mr. Von Helf had to say, because she wanted the Council to know how important it was to televise these meetings live. She agreed with Mr. Sullivan's comments that many people are reaching the senior age; however, she believed baby boomers were on computers, because they are interested in live data and Web streaming; they all carry their phones with them. One of the things that Palm Desert offers that other cities didn't was the opportunity to speak and address an issue under Oral Communications at the end of the meeting. She said Palm Desert has always been a leader, but on this issue it was behind by decades compared to other cities. She said in order for Palm Desert to be a leader or even be in par with other cities, televising live and Web streaming on the Internet was needed. She's excited about the possibility of having the Planning Commission meetings televised as well, because many people she spoke with are interested in what's going on in the City as mentioned by previous speakers this evening and e-mail's sent to the Council. Mr. Von Helf added that if Council chose Option No. 2, which included Web streaming, it wouldn't prohibit the City from broadcasting on Time Warner. He said once staff had the video file it would take a day or two to Web encode the file to have it re -broadcast onto the Time Warner Channel. Councilmember Harnik asked how was Option No. 4 different from Option No. 2, which was staffs recommendation. Mr. Von Helf stated Option No. 2 calls for permanently fixed cameras attached to the wall around the Council Chambers that are automatically controlled based upon which microphone was active, and it goes straight onto the Web instantaneously with no vendors involved. Additionally, there was only a one-time cost with about $1,000 a year for hosting the content 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 and streaming. He said once the cameras are installed that would be it with just the ongoing maintenance issue. Councilmember Hamik stated she wasn't considering Option No. 2, because televised broadcast was not included in the staff report as part of Option No. 2. She asked if there was anything that would preclude the Council from exploring more than one of the listed options further. Mr. Von Helf answered no, stating staff was here to receive direction from the Council. Mayor Pro Tem Spiegel asked who would install the cameras if Council chose to televise with Time Warner. Mr. Von Helf stated if Time Wamer was chosen, cameras would need to be manually operated by staff or a vendor, which will require some type of a production type of environment, but it was his impression that Time Warner would rather have a live operation similar to the City of Rancho Mirage. Further responding, he said he didn't believe Time Wamer would man or film the meetings themselves, but take the feed that is provided and then re -broadcast on television. He said the cities of Rancho Mirage and Desert Hot Springs use Palm Springs Video to video tape and then re -broadcast on Time Warner. He said the City of Indian Wells used the mounted cameras and Web streamed onto the Web, then the file was encoded to have it re -broadcast on Time Warner, which is the same as Option No. 2 that staff was recommending. Councilmember Harnik said with the additional information provided, Option No. 2 sounded like it would be the best of both worlds. She said her concern was that if the City only provided the meetings on the Internet, it would exclude a tremendous number of people in the community, which was the last thing the Council wanted to do. She said if Council selected Option No. 2 with staff also forwarding the video file to Time Warner, it would be similar to Option No. 4. Mr. Von Helf answered yes. Further responding to questions about the total cost for Option No. 2, he said there was a one-time cost of $1,000 worth of hardware and software plus a couple of hours of staff time to do the encoding, and as far as he knew, Time Warner would not charge the City to broadcast on the City's channel. Therefore, the total cost was still within the range of $15,000 to $40,000 depending on the number of cameras installed. Councilmember Harnik said Palm Desert should have four cameras. Mayor Benson asked if there was any way to monitor or measure its effectiveness or know who's watching. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 Mr. Von Helf stated from the Web site staff could find out usage, but not from the television channel. He said the line between broadcast and the Internet was getting fuzzier and fuzzier that a lot of televisions are Web enabled that within five to ten years one may not be able to tell whether they're watching online or watching a broadcast channel. Councilman Kroonen stated that with the proposed combination of options, the largest audience possible may be reached, because after all not everyone had Time Warner Cable and it may not be available to people who used Direct TV. Mr. Von Helf agreed. Councilmember Hamik stated that having done the research and discussed the issue with people in other cities, and what the elected in other cities said about being amazed at how many people actually did watch the meetings on television, she thought if Option No. 2 can include forwarding the video file to Time Warner to be televised, that would be a great opportunity for the community. Councilmember Harnik moved to, by Minute Motion, direct staff to follow Option No. 2 — Web Streaming with Standard Definition Cameras and incorporate approximate expenditure requirements of $15,000 - $40,000 in the Fiscal Year 2011-2012 Budget Process for this purpose, with staff providing the video file to Time Warner for delayed T.V. Broadcast. Motion was seconded by Spiegel. Mr. Gibson noted that in the staff report there was also information on the audio upgrades with a request for direction from Council as to the timing to get it done. He said one option was to do the upgrades in May or when the Council went dark during the summer. If the Council chose May, the Council Chamber will be closed down during the construction period time and meetings would have to be held in the Administrative Conference Room (ACR). Responding to question about the construction time frame, Mr. Von Helf said the vendor's estimate was that it would take about two Council meetings plus any Planning Commission meetings, whereas if the Council waited until the meetings went dark during the summer, there would be no interruption. Mayor Benson said if this was going to happen, it was best for staff to move forward with the upgrades and hold the meetings in the ACR in the interim. Ms. Mendoza announced the motion carried on a 5-0 vote. With City Council concurrence, staff was directed to move forward with installing the Council Chamber Audio Upgrades during the month of May and hold City Council meetings in the Administrative Conference Room in the interim. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer Meetina Summaries for the Period of January 20 - February 3, 2011. Councilman Kroonen moved to receive and file the City Manager's Meeting Summaries. Motion was seconded by Finerty and carried by a 5-0 vote. B. CITY ATTORNEY None C. CITY CLERK Ms. Klassen announced the University Planning Committee Meeting has been scheduled for February 24, 2011, at 2:00 p.m. in the Administrative Conference Room. D. PUBLIC SAFETY o Fire Department None o Police Department Lt. Shouse stated since the early part of January there have been six commercial burglaries that have occurred in the El Paseo Corridor. Most of the burglaries have involved windows smashed type of entry where suspects are stealing cash from cash registers left ovemight. In one case, at Escada, several thousand -dollars worth of purses was stolen. On January 30 there was an elderly gentleman in a 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 wheelchair that was car jacked behind The Daily Grill in the early evening hours. That suspect struck the victim in the head with a hammer, stole his car keys, and fled the area in the victim's vehicle. The victim's vehicle was recovered from the Point Happy Shopping Complex in La Quinta later that night. The Police Department has a composite sketch that was released to the media and public regarding the suspect; that suspect is still outstanding. Additionally, this past Sunday, in the same general vicinity behind The Daily Grill, at Ocotillo and El Paseo, a woman had her purse snatched as she was walking to her car from the restaurant area. The Department has a partial suspect description in that case, and that suspect is still outstanding. On January 30 there was an armed robbery at Taco Bell Restaurant up on the northern part of Palm Desert immediately adjacent to Cosco, and last night there was an armed robbery at Cold Stone Creamery located at Gerald Ford and Cook Street. He said the Council was probably questioning what the Police Department was doing about all these incidents, and he was here this evening to report on how it was responding thus far: 1) Patrol activity has been increased around the El Paseo Shopping area as well as at the north end of the City; 2) patrol staff has been fully briefed and aware of the activity. He said Council should have noticed an increased law enforcement presence and activity down El Paseo this week. It has also increased the activity of the Business District Officers who work the commercial business district, including El Paseo. Officers have been talking with business owners on El Paseo reassuring them that although the recent activity was unusual, residents are just as safe now as they were a couple of weeks ago; 3) police are cooperating with the media to get the message and composite sketches out with consistent press releases on robberies that have occurred in the Palm Desert area. Police have distributed flyers of composite sketches to business owners in the El Paseo Corridor; 4) officers are involved in an ongoing education component where they meet with business owners and advise them on how to better protect themselves. For examples, they can remove the cash from the cash registers after closing, increase their surveillance camera component of their security and alarm systems, improve lighting at night, and so forth. He said investigators and special enforcement teams are actively pursuing any leads that are developed. The GAIN Task Force was out yesterday in Palm Desert conducting pro -probation compliance checks. He said there were other things the Department was doing that he couldn't tell the public about for commonsense reasons, but he wanted to provide an update and inform the Council that officers were out in the community in force and treated these crimes seriously to hold those responsible accountable. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 Mayor Pro Tem Spiegel stated he's spoken with Captain Wilham on a couple of occasions about all the incidents that have happened since the last City Council meeting. He believed there was already a warrant out for the individual that hit the victim on the head and stole the car, which may be the same person who snatched the purse, but the six robberies on El Paseo concerned him, and asked the Council to consider adding an item to the Agenda, which was a reward of $10,000 for information that lead to the arrest and conviction of the individual who broke into the stores. He said the merchants needed to know the Council was supportive of them, and it will do whatever it could to assist. He said anyone that had any information could call the Palm Desert Police Department and they will take care of the rest. Mayor Pro Tem Spiegel moved to, by Minute Motion, add to the Agenda consideration of a $10,000 reward for information that leads to the arrest and conviction of the individual responsible for the burglaries at the El Paseo Corridor stores. Motion was seconded by Finerty and carried by a 5-0 vote. Responding to question, Lt. Shouse said he couldn't confirm whether any of the businesses had any security systems or motion detectors, but in a couple of the incidents the alarm did go off and the security guard responded to that location and witnessed the suspect and scared him away. Councilmember Finerty stated in her homeowners association she learned the importance of having a security system, where they had a rash of burglaries. One of the best things to tell your neighborhood watch is to take responsibility and have a security system, but the system is only as good as what one put into it. She said a motion detector will sound the alarm as soon as the glass is broken, and then obviously the alarm company will respond. She hoped that will be the information that will be shared with business owners. Lt. Shouse stated most standard home installations involved magnetic sensors that will activate and have an alarm go off when the magnetic pathway is disconnected. He said some residents have motion sensors in the living room, but it's important that people understand that when a suspect smashes a window and doesn't break that magnetic connection, the alarm won't be activated unless it includes a motion sensor. Councilmember Finerty agreed both were needed, stating a security specialist company can go out to a home to look for potential places where suspects can break in, which is what she did for her home. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 Lt. Shouse stated residents should also consider a similar type of system for their master bedrooms, because on some occasions there have been residential burglars that have smashed through sliders and enter residences to still jewelry, which was a common method of entry. He went on to say that as part of the education component, the Council approved the expenditure of funds at the last City Council Meeting to put on a Crime Prevention Through Environmental Design (CPTED) scheduled for April 20, 2011, at the Civic Center Council Chamber. He said it's an eight -hour class and the moming portion is specifically devoted to business owners. The expert will talk about how to target harden a business, which will include motion sensors, landscaping, lighting, etc., and the afternoon session will focus on residential. The community and local business owners are being invited, and contact with the Palm Desert Chamber of Commerce has been made to distribute a flyer through their mailings. He said the Police Department is trying to arm residents and businesses with good information to help protect themselves. Councilman Kroonen stated he was not opposed to offering a reward, but wanted to make sure before he took a vote there were no legal issues with the Council providing the funds. Mr. Erwin answered there were no legal issues. Every 15 Minutes Program - Lt. Shouse reminded the Council about the program which is conducted every two years at Palm Desert High School on March 1 and 2, 2011. He said typically most people attend the "crash scene" out on Fred Smith Street. However, he encouraged everyone to attend the assembly, which is on the following day on March 2 at 11:00 a.m., because it was a more meaningful portion of the program where they provide speeches and students view the video that was filmed the previous day. Councilmember Hamik stated she has been involved with the Every 15 Minutes Program for many years and if anyone hadn't seen it, she encourages them to do so, because it was meaningful and a lot of people came together to make it happen. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: ITEM ADDED TO AGENDA BY A 5-0 VOTE FOLLOWING POLICE DEPARTMENT REPORT ON THE CURRENT CRIME ACTIVITY. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 1. Consideration of a $10.000 reward for information that leads to the arrest and conviction of the individual responsible for the burglaries at the El Paseo Corridor stores. Please see Section XVIII - Reports and Remarks, Item D - Police Department report for further discussion and action. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve a $10,000 reward by the City of Palm Desert for information that leads to the arrest and conviction of the individual responsible for the burglaries at the El Paseo Corridor stores. Motion was seconded by Hamik and carried by a 5-0 vote. Mayor Benson asked if the Police Department had contacted or spoken directly to merchants, because she knew of several women that worked alone that are in their store after hours. She asked if they are aware that they should go in early in the morning rather than stay late at night. Lt. Shouse said he knew that the Business District Officers made personal contact with numerous business owners, and employees throughout the El Paseo Corridor and not just this week, but for the past two years. This week Officers made personal contact and received feedback from the public about their concerns and are educating them on what they can do to help protect themselves. He said the Department encourages any business owner or employee to report any suspicious activity, and it didn't have to be an emergency. He said the Department wants to be able to investigate and rule out people so citizens can call 911. A flyer will be sent out with contact information for the car jacking suspect, because there was a good composite sketch. He said most of the business community had contact information for the Business District Officers who participate in the El Paseo Merchants Association, including Economic Development Manager Ruth Ann Moore who was familiar with them as well, but when in doubt he could be contacted at the Palm Desert Sheriff Station. Councilmember Harnik thanked Lt. Shouse for all the valuable information, stating this was a perfect example of a community service that will be enabled when the City provides the Web cast and television broadcast. o City Council Consideration of Travel Requests and Reports: None 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 o City Council Committee Reports: 1. Healthy Living Proiect - Councilmember Hanik stated this project was a valley wide effort with a competitive nature to it. A meeting will take place next week to brainstorm ideas that will help increase health within the community. She said it was about taking simple steps to make a healthier community. Human Resources Manager Lori Carney stated it was a collaborative project headed by Cal State, San Bemardino, Coachella Valley Health Collaborative. This project is similar to last year's where they had larger organizations in the Valley participate and challenge each other to increase fitness in the community. Last year Councilmember Finerty was the Mayor and the City conducted a "Get Fit With the Mayor Program," and this year the group was looking forward to brainstorming new ideas and getting employees involved. Councilmember Finerty commented the Racquetball Toumament was still owed as it was on last year's list. o City Council Comments: 1. Red Lobster Restaurant - Mayor Pro Tem Spiegel announced the City of Palm Desert will have a Red Lobster Restaurant. The plans have gone to the Planning Department and it will be constructed on the comer where Bananas used to be located. 2. Marriott Desert Springs - Mayor Pro Tem Spiegel stated he and Councilman Kroonen met with the Manager of Marriott Desert Springs who was very encouraging with his comments regarding the increase in occupancy, stating figures were up substantially. 3. Committee/Commission Interviews - Councilman Kroonen thanked the veterans of the Council for enabling the process whereby all the candidates were interviewed for the various committee/commissions. He said it took a lot of time, but he certainly benefitted and believed Councilmember Harnik shared the sentiment, because he got acquainted with so many people who are active, willing, eager even, to serve the City. He said it was a very inspiring two days. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011 4. Landscapina Proiect at Corner of Larkspur and Shadow Mountain - Councilman Kroonen stated he walked by there every day and already with the demolition and removal of the debris it looked so much better. 5. Animal Coordinator Position at the Animal Campus - Councilmember Finerty stated the grand opening for a new business called The Ritz at Barkingham Palace off Spyder Circle will take place on Saturday, and it will be open to the public from noon to 3:00 p.m. Flyers will be provided explaining the euthanasia rate and how the City was trying to put together the funds to hire an Animal Coordinator that helps with Adoptions and Fostering. She said the owners are committed to a once a month fundraiser to help with the funds, because this was not a one-year project, and once the owners are settled, they want to be able to take in innocent animals on a no -kill basis. She was happy to become acquainted with the business owners and looked forward to spending her three hours on Saturday in an attempt to save the innocent lives of those who loved so unconditionally. 6. Dedication of the Portola Bridae - Mayor Benson reminded the Council of the Palm Desert dedication of the Portola Bridge honoring former Palm Desert City Councilmember Richard S. Kelly on Friday, February 11, 2011, at 10:00 a.m. o Suaaested Items for Future City Council Meetina Aaendas None XIX. ADJOURNMENT Upon a motion by Finerty, second by Spiegel, and 5-0 vote of the City Council, Mayor Benson adjoumed the meeting at 5:25 p.m. ATTEST: RACWELLE D. KLASSEN, GfifY CLERK CITY OF PALM DESERT, CALIFORNIA EAN M. BENS 'MAYOR 24