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HomeMy WebLinkAbout2011-06-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 9, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:03 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 Stephen P. Deitsch, Assistant 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 Dorian Cooley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Misty Reynolds, Admin. Sergeant, Palm Desert Police/Riverside Co. Sheriffs Dept. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: 47445 South Cliff Road (APN 628-120-012), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: Kathleen Rust/Hayward Pardue 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 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Parties: John M. Wohlmuth/City of Palm Desert Upon a motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting to Closed Session at 3:04 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 Jean M. Benson VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B MS. PHYLLIS HARKINS, Missouri Drive, Palm Desert, asked City Council to favorably consider the request to appropriate funds for the CERT (Citizens Emergency Response Team) Training Courses under New Business on today's agenda, noting that she'd gone through both the initial and recertification programs, and the education received over the course of 31/2 days was phenomenal. She added that Palm Desert was a community that could be impacted by earthquakes and major accidents on the 1-10 Freeway, and it would be very beneficial if the City could find the funds to offer the CERT Program in the coming budget year. MS. CARLA DILLEY, resident of The Lakes Country Club, Palm Desert, came forward to also speak in favor of funding for the CERT Program. She had an 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 excellent experience with the three-day training at the Roy Wilson Training Center and retumed to her country club of 902 homes with the information. Several Lakes Members have been trained since that time, but they had to go out of the City. She offered to be a strong promoter of the program if the City was able to fund it. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE THE PALM DESERT HIGH SCHOOL TENNIS AND BASEBALL TEAMS FOR THEIR OUTSTANDING ACCOMPLISHMENTS IN THE 2011 SEASON. City staff indicated that they were unsuccessful in making the right connections to get the teams to this City Council Meeting and hoped to be able to arrange it for the next. With City Council concurrence, this presentation was continued to the meeting of June 23, 2011. B. CONSIDERATION OF CITY COUNCIL LIAISON ALTERNATE APPOINTMENTS TO CITY AND OUTSIDE COMMITTEES. Responding to question, Ms. Klassen stated that at the May 26 Meeting staff was requested to provide Councilmembers with a worksheet in order for them to indicate their preferences to serve as Alternate Liaisons to the various committees. She added that staff also understood Council wanted to appoint Alternates for instances where there weren't already such positions; and in the cases where two Councilmembers served as Liaisons, provide Alternates for each one of those positions in order to ensure Council representation at those meetings. Just prior to the meeting, she'd distributed copies of her master list, which included the preferences that had been supplied to her by three Councilmembers. She'd now received Mayor Pro Tem Spiegel's worksheet this afternoon, but his choices were not included on the master list distributed. She offered to incorporate those choices into an updated master list, and the Alternate Appointments could be continued to the next meeting; or she could announce the Mayor Pro Tem's choices here to be acted upon. Mayor Pro Tem Spiegel proposed continuing to the next meeting, and the choices could all be reviewed at that time. Mayor Benson also asked for a separate sheet to indicate where there were still openings that needed to be filled. On a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council, the matter was continued to the meeting of June 23, 2011. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 26, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 242, 243, and 247. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Costa Italia Ristorante, 73-111 El Paseo, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Richie's Real American Diner, 72-840 Highway 111, Suite 398, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Hood, 74-360 Highway 111, Palm Desert. Rec: Receive and file. F. REQUEST FOR APPROVAL of the Use of Desert NAPA Auto Parts Company to Supply Aftermarket Automotive Parts, Tools, Equipment, and Services for Fleet Maintenance - Fiscal Year 2011-2012 in an Amount Not to Exceed $40,000. Rec: By Minute Motion, approve the use of Desert NAPA Auto Parts Company, Palm Desert, Califomia, to supply aftermarket automotive parts, tools, equipment, and services for fleet maintenance — FY 2011-2012 in an amount not to exceed $40,000 — funds are budgeted in General Fund Account No. 110-4331-413-3340. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 G. REQUEST FOR APPROVAL of Vendors for Equipment Rental Services — Fiscal Year 2011-2012. Rec: By Minute Motion, approve use of the following companies to provide equipment rental services to the City for FY 2011-2012: Elms Equipment Rental, Inc., Indio, California; Clairemont Equipment Rental, Indio, California; Hertz Rental, Indio, California; Johnson Rental Service, Indio, California; and United Rentals, Cathedral City, California —funds for such equipment rentals are budgeted in General Fund Account No. 110-4310-433-3430. H. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. C29211 with Furino Greene Creative Inc. — Advertising Services for the El Paseo Business Improvement District. Rec: By Minute Motion: 1) Approve Amendment No. 2 in the amount of $22,000 to the subject contract with Furino Greene Creative Inc., Palm Desert, Califomia, for additional advertising expenditures forthe El Paseo Business Improvement District; 2) appropriate an additional $22,000 to Fund 271-4491-464-3215 - El Paseo Assessment District Other Advertising. I. REQUEST FOR EXTENSION of Contract No. C29910 with Coachella Valley Printing Group for Printing of the Bimonthly BrightSide Newsletter in Fiscal Year 2011-2012. Rec: By Minute Motion: 1) Approve a one-year extension of the subject contract with Coachella Valley Printing Group, Indio, California, for bimonthly printing of the BrightSide Newsletter in the amount of $35,425 in FY 2011-2012, as provided for in the contract; 2) authorize the Mayor to execute said contract — funds are included in the Proposed Financial Plan for 2011-2012 in Account No. 110-4417-414-3026. J. REQUEST FOR APPROVAL of $33,600 Postage Expenditure for the BrightSide Newsletter - Fiscal Year 2011-2012. Rec: By Minute Motion, approve the expenditure of $33,600 for the United States Postal Service to cover six months' postage for the bimonthly BrightSide Newsletter — funds have been included in the proposed Financial Plan for FY 2011-2012 in Account No. 110-4417-414-3026. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23210G — Freedom Park Well Site Wall (Project No. 713-10) (John Barajas Masonry, Inc., Bermuda Dunes, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR EXEMPTIONS to Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 in Connection with Receptions for Art Exhibitions to be Held in the Palm Desert Community Gallery Between August 2011 and June 2012. Rec: By Minute Motion, approve exemptions from Paim Desert Municipal Code Sections 9.58.010 and 9.58.020 in connection with the Opening Receptions for Art Exhibitions to be held in the Paim Desert Community Gallery between August 2011 and June 2012 — tentative dates for the Receptions are: August 8, 2011 (Arnold Familian, Leila Namvar, and Meridy Volz), October 17, 2011 (Jeni Bate, Lynne Cunningham, and Gary Mergelkamp), December 19, 2011 (Michael Magic, Asuko Hewett, and Gerard Athalakian), and April 30, 2012 (Maria Hunt). M. REQUEST FOR APPROVAL of Out -of -State Travel for the Fire Department's Paramedic Coordinator to Travel to Houston, Texas, for the Purpose of Inspecting and Delivering Palm Desert's New Clean Diesel Medic Unit. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Mr. Wohlmuth requested Item M be removed for separate consideration under Section XI, Consent Items Held Over, because there had been a change in circumstances. Upon a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 XI. CONSENT ITEMS HELD OVER M. REQUEST FOR APPROVAL of Out -of -State Travel for the Fire Department's Paramedic Coordinator to Travel to Houston, Texas, for the Purpose of Inspecting and Delivering Palm Desert's New Clean Diesel Medic Unit. Mr. Aryan stated the original fire representative that was to travel to pick up the ambulance can no longer make the trip due to a family emergency. An alternate has been identified, and although the airfare can be reimbursed, it cannot be transferred, so a new ticket will need to be purchased, which will increase the travel cost. Staff is requesting an amended appropriation from $525 to $725. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Authorize Out -of -State Travel for the Fire Department's Paramedic Coordinator, or alternate, to travel to Houston, Texas, for the purpose of inspecting and delivering Palm Desert's new Clean Diesel Medic Unit; 2) appropriate an additional $725 from the Capital Replacement Fund to cover delivery -related travel costs concerning Palm Desert's new Clean Diesel Fuel Ambulance Motion was seconded by Finerty and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2010-2011 BUDGET TO PROVIDE TRANSFER, APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED FUNDS FROM THE UNOBLIGATED GENERAL FUND RESERVES TO FLEET / EQUIPMENT REPLACEMENT, RETIREE HEALTH, BUILDING MAINTENANCE / CAPITAL REPLACEMENT, GOLF COURSE CAPITAL IMPROVEMENTS, PARKS & AQUATIC CENTER CAPITAL IMPROVEMENTS, COMMUNITY CONTINGENCY RESERVE (WITHIN GENERAL FUND), AND LAND ACQUISITION FUNDS. Councilmember Finerty moved to waive further reading and adopt Resolution No. 2011-45, including an appropriation of $535,000 for property acquisition. Motion was seconded by Kroonen and carried by a 5-0 vote. B. RESOLUTION NO. 2011 - 46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE BYLAWS OF THE PALM DESERT CITIZENS' SUSTAINABILITY COMMITTEE. Councilmember Finerty moved to waive further reading and adopt Resolution No. 2011-46. Motion was seconded by Kroonen and carried by a 5-0 vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. CONSIDERATION OF REQUEST BY BURRTEC WASTE AND RECYCLING FOR APPROVAL OF THE ANNUAL PRODUCER PRICE INDEX (PPI) AND COUNTY OF RIVERSIDE GATE/DISPOSAL FEE INCREASES. Ms. Riddle stated this item was for approval of Burrtec's annual increase, which would be $.34 per month for a 96-gallon container, and a lesser amount for smaller containers for residential. Staff did not propose for the increase to be deducted from AB939. Councilmember Finerty asked how much money was left in AB939 (Recycle Fund). Mr. Gibson answered $4 million, stating the City was using about $1 million a year, and the fund will be depleted in approximately three years. Councilmember Finerty asked how much would it cost the City to absorb the increase not using AB939 Funds. Mr. Gibson responded he would have to rely on Burrtec to provide an estimate. Ms. Riddle said if the City didn't use AB939 Funds, it would be an increase to the residents. Mayor Pro Tem Spiegel clarified that Councilmember Finertywas suggesting the City pick up the difference, which he thought was a good idea. Councilmember Harnik asked if the 96-gallon containerthe normal size used. Ms. Riddle answered yes for residential. Councilmember Finerty stated the City had a lot of seniors that would have to pay for the increase and didn't use anywhere near a 96-gallon container. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 Ms. Riddle explained she used the largest container as an example, but if the resident had a 64-gallon container, the cost would be less. MR. FRANK ORLETT, District Manager of Burrtec Waste & Recycling Services, stated the increase was $6,000 a month or $72,000 a year. Councilmember Finerty said there was more than a million dollars in the AB939 Fund and understood the City was spending approximately $1 million annually; however, she wondered if there was a way to cut back on that fund in order to assist the residents. As an example, she asked if the City needed to have so many Recycle Binney commercials. Ms. Riddle responded the Council could cut back in whatever areas it wanted to, which was an option. Councilmember Finerty said she had been Recycled Binney-ed to death on television, and if people didn't have the message by now, they never will. Councilmember Finerty moved to: 1) By Minute Motion, approve the proposed 4.07% PPI Rate Increase and 0.31 % Gate/Disposal Fee Increase from $39.04 to $39.16 per ton; 2) Waive further reading and adopt Resolution No. 2011- 47, approving the new adjusted Rate Schedule of Fees (Exhibit 3 for Residential, Commercial, and Roll -off) for the Collection, Recycling, and Disposal of Municipal Solid Waste and Residential/Commercial Recycling contained in Contract No. C27410 - Solid Waste Management Services with the City's AB 939 Fund to absorb the Residential Rate increase and City staff directed to reevaluate/lessen how the AB 939 Fund is being spent otherwise. Councilmember Hamik asked if the rate increase was based on the 96-gallon container. Ms. Riddle stated the Residential Monthly Service Rate indicated a 64-gallon container went from $8.46 to $8.73. Further responding, she said the annual amount could be less than $72,000 depending on how many people had a 96-, 64-, or 32-gallon container. Mr. Wohlmuth stated he directed staff to start utilizing the Recycle Fund for pavement issues where the City could use rubberize asphalt for the pavement, which they have. He said this increase could be taken out of the AB 939 Fund; however, he felt the amount could be higher than $72,000 given that the increase didn't include the Commercial Service Rates. Ms. Riddle noted the City hadn't advertised any commercials for more than a year and some new ones were going to be developed. Mayor Pro Tem Spiegel seconded the motion. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 MS. DEE PEDEN, Bay Hill Way, Palm Desert, stated she was a full-time resident for the past 20 years, and she had major concerns about the changes Burrtec had made in the pick up dates, and now that they were talking about an increase, it only added insult to injury. She received a notice from Burrtec that her trash pick up date would be changed from Monday to Thursday effective May 16. As a full-time resident, she had no problem with it, but the complex at Palm Desert Resort Country Club has 906 residences and many of these homeowners are weekenders who came from surrounding areas to enjoy the wonderful desert. Changing the date from Monday to Thursday meant that trash receptacles will be out on the street from Sunday until the Thursday pick up or until the homeowner returned on Friday or Saturday. While this may be economical for Burrtec, it causes many problems and could easily be a health issue, because winds caused trash cans to blow over and scatter trash, which attracted rodents and additional animals into the area. She was amazed the City Council approved such a change, especially since it affected so many people. Not only did it affect the homeowners at Palm Desert Resort Country Club, but it also affected the homeowners at Palm Valley Country Club where there are approximately 1,200 units. She understood Burrtec will consider and monitor the change for several months, which didn't make a lot of sense, because most of the people that came in from the beach were weekenders and certainly didn't come when the weather was 100 degrees. She thought it would make more sense to leave the schedule as is and implement the change in October. Councilmember Harnik asked if the Council would be voting separately on the Commercial Service Rate. Mayor Pro Tem Spiegel said the Commercial Service Rate is as presented, which will go up in price, and the Residential Service Rate will not (to the residents). Councilmember Hamik asked if the Commercial Service Rate a separate resolution. Ms. Riddle said the Commercial Service Rate could be kept in the same resolution, but she wasn't sure if there was a legal issue with having them on the same. Mr. Deitsch answered there was no legal problem. Mayor Benson called for the vote, and the motion carried on a 5-0 vote. Councilman Kroonen asked if this information will be related to the citizens through an appropriate vehicle in something like the BrightSide. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 Mayor Pro Tem Spiegel said he believed it was up to The Desert Sun to place it in the newspaper tomorrow morning. Councilman Kroonen said he would like the City to take the initiative, and presumed The Desert Sun will do so also, but he would like it publicized that the City had come to the rescue and stepped up to the plate again. Ms. Riddle stated the information can be placed in the September/October BrightSide issue, but the increase will have already went into effect. Mr. Wohlmuth agreed to place the information in the next BrightSide and do a press release as well. B. REQUEST FOR APPROVAL OF THE PALM DESERT CENTURY BIKE RIDE ON SATURDAY, NOVEMBER 12, 2011, INCLUDING ROAD CLOSURE ON UNIVERSITY DRIVE FROM COLLEGE DRIVE EAST TO WEST, AND WAIVER OF PALM DESERT MUNICIPAL CODE SECTION 11.01.140 - AMPLIFIED SOUND, AND SECTION 11.01.080 - PROHIBITED CONDUCT GENERALLY IN CITY PARKS, ITEM Q - VENDOR SALES. Councilmember Finerty stated she thought this was a great way to have people exercise, participate, and bring them in to Palm Desert. Councilmember Finerty moved to, by Minute Motion, approve: 1) Palm Desert Century Bike Ride on Saturday, November 12, 2011; 2) road closure for the event at University Drive from College Drive East to West; 3) waiver of Palm Desert Municipal Code Section 11.01.140 - Amplified Sound; 4) waiver of Palm Desert Municipal Code Section 11.01.180 - Prohibited Conduct Generally in City Parks, Item Q - Vendor Sales. Motion was seconded by Spiegel and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF $60,000 IN FACADE ENHANCEMENT PROGRAM CONSIDERATION FUNDS TO PIERO PIERATTONI FOR PIERO'S PIZZAVINO LOCATED AT 73-722 EL PASEO (Piero Pierattoni, Applicant). Councilmember Hamik stated there was a potential conflict of interest and recused herself from this item and left the Council Chamber. Project Administrator Bryce Lynn White stated on June 3 the Retail Committee approved the requested amount, and on June 7 the Planning Commission approved Conditional Use Permit 11-161 for the subject property. Mayor Pro Tem Spiegel stated the Applicant was a good member of the community and would move to approve. Councilmember Finerty concurred. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 Mayor Pro Tem Spiegel moved to, by Minute Motion, approve $60,000 in Facade Enhancement Program consideration funds to Piero Pierattoni for Piero's PizzaVino located at 73-722 El Paseo — funds are available in Account No. 400-4800-454-3875. Motion was seconded by Finerty and carried by a 4-0 vote, with Hamik ABSENT. D. REQUEST FOR APPROVAL OF ACTIONS RELATING TO FUNDS WITHIN THE ENERGY INDEPENDENCE LOAN AND AQUATIC CENTER FUND; AND TRANSFERRING ALL FUNDS FROM 241 - GOLF COURSE MAINTENANCE TO FUND 441 - GOLF COURSE CAPITAL; AND TRANSFERRING FUNDS FROM FUND 239 - CITYWIDE BUSINESS LICENSE FUND TO FUND 110 - GENERAL FUND; AND ASSIGNING THE USE OF IDENTIFIED FUNDS FOR CAPITAL, MAINTENANCE, AND OPERATION -RELATED EXPENDITURES. Councilmember Finerty moved to: 1) Waive further reading and adopt Resolution No. 2011 - 48, committing the funds within the Energy Independence Loan and Aquatic Center Fund, and transferring all funds from Fund 241 - Golf Course Maintenance to Fund 441 - Golf Course Capital, and transferring all funds from Fund 239 - Citywide Business License Fund to Fund 110 - General Fund as of June 30, 2011; 2) By Minute Motion, assign use of the following funds for Capital, Maintenance, and Operational -related Expenditures: a) Golf Course Maintenance Fund 441: Assign for capital improvements, equipment purchasing, perimeter maintenance, operational cost of Desert Willow, and transfers to the General Fund; b) Capital Project Reserve Fund 400: Assign for Capital Improvements, Equipment Purchasing, and Operational Cost of the City; c) Drainage Facilities Fund 420: Assign for Drainage Capital Improvements and Maintenance; d) Parks and Recreation Facilities Fund 430: Assign for Parks Capital Improvements and Maintenance; e) Signalization Fund 440: Assign for Traffic Signals and Capital Improvements and Maintenance; f) Buildings Fund 450: Assign for the Capital Improvements and Maintenance of City -owned Buildings; g) Library Fund 452: Assign for the Capital Purchases and Operations of the Multi -Agency Library. Motion was seconded by Kroonen and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF THE USE OF SPECIFIC AUTOMOTIVE FACILITIES FOR SUPPLEMENTAL GENERAL FLEET REPAIRS FOR FISCAL YEAR 2011-2012 IN AN AMOUNT NOT TO EXCEED $100,000 FROM OZZIE'S AUTOMOTIVE INC. AND HILLTOP AUTOMOTIVE. Councilmember Finerty moved to, by Minute Motion, approve the use of Ozzie's Automotive Inc., Palm Desert, California, and Hilltop Automotive, Palm Desert, Califomia, for general fleet repair services for FY 2011-2012 in an amount not to exceed $100,000 — funds for General Fleet Repair Services are budgeted in General Fund Account No. 11Q-4331-413-3340. Motion was seconded by Spiegel and carried by a 5-0 vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 F. CONSIDERATION OF RECOMMENDATION TO APPROPRIATE FUNDS FROM THE UNOBLIGATED GENERAL FUND TO CONDUCT TWO CITIZENS EMERGENCY RESPONSE TEAM (CERT) TRAINING COURSES IN COORDINATION WITH THE PUBLIC SAFETY ACADEMY AT COLLEGE OF THE DESERT AND TO PURCHASE TRAINING EQUIPMENT. Mayor Pro Tem Spiegel stated he agreed with the two speakers who spoke on this item earlier this evening under Oral Communications. Councilmember Finerty concurred. Mayor Pro Tem Spiegel moved to, by Minute Motion, appropriate funds in the amount of $32,300 from the Unobligated FY 2011-2012 General Fund to conduct two (2) CERT Courses at the Public Safety Academy at College of the Desert and purchase the equipment necessary to conduct the courses. Motion was seconded by Finerty and carried by a 5-0 vote. G. REQUEST FOR AWARD OF CONTRACT TO TRI-STAR CONTRACTING II, INC., IN THE AMOUNT OF $996,972.70 FOR CONSTRUCTION OF MISCELLANEOUS DRAINAGE IMPROVEMENTS AT SEVERAL CITY LOCATIONS (CONTRACT NO. C26670A, PROJECT NO. 520-05). Councilman Kroonen moved to, by Minute Motion: 1) Waive irregularity in the bid; 2) award subject contract in the amount of $996,972.70 to Tri-Star Contracting II, Inc., Desert Hot Springs, Califomia, for Construction of the Miscellaneous Drainage Project; 3) set aside a 10% contingency for the project in the amount of $99,697.27; 4) authorize the Mayor to execute said contract; 5) authorize the City Manager to execute a Reimbursement Agreement with the Utility Companies with facilities in the street — funds are available in Account No. 420-4370-433-4001 - Capital Project Drainage Facilities - no General Fund money is being used for this expenditure. Motion was seconded by Finerty and carried by a 5-0 vote. H. REQUEST FOR AWARD OF CONTRACT TO MATICH CORPORATION IN THE AMOUNT OF $596,960 FOR CONSTRUCTION OF THE COOK STREET COLD -IN -PLACE RECYCLING (CIPR) PROJECT (CONTRACT NO. C30860, PROJECT NO. 752-11). Councilmember Finerty moved to, by Minute Motion: 1) Select the warm -mix asphalt alternative; 2) award subject contract in the amount of $596,960 to Matich Corporation, San Bemardino, California, for Construction of the Cook Street CIPR Project; 3) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $59,696; 4) appropriate $656,656 from Unobligated Fund 211 to Account No. 211-4311-433-3320 - Gas Tax Street Maintenance; 5) authorize City Manager to execute a Reimbursement Agreement with the Utility Companies with facilities in the street; 6) authorize the Mayor to execute the subject contract — no General Funds will be used for this project. Motion was seconded by Kroonen and carried by a 5-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 I. REQUEST FOR APPROVAL OF BUILDING & SAFETY DEPARTMENT FISCAL YEAR 2011-2012 PLAN REVIEW / INSPECTION SERVICES CONTRACTS WITH SCOTT FAZEKAS & ASSOCIATES, WILLDAN ENGINEERING, AND JAS PACIFIC. Councilmember Finerty moved to, by Minute Motion, award subject Professional Services contracts for Building Plan Review and Inspection Services — FY 2011-2012 with a commencement date of July 1, 2011, and ending date of June 30, 2012, and in a cumulative amount not to exceed $30,000 with: 1) Scott Fazekas & Associates, Irvine, California (Contract No. C30940A); 2) Willdan Engineering, San Bernardino, California (Contract No. C30940B); 3) JAS Pacific, Upland, California (Contract No. C30940C) — funds are available in General Fund Account No. 110-4420-422-3010 as set forth in the FY 2011-2012 Budget. Motion was seconded by Kroonen and carried by a 5-0 vote. J. REQUEST FOR DIRECTION TO STAFF REGARDING THE CITY'S CONTINUED SPONSORSHIP OF PD STYLE MAGAZINE AND EXTENSION OF THE RELATED CONTRACT WITH THE DESERT SUN FOR SAME (CONTRACT NO. C29960). Responding to question, Management Analyst David Hermann said this item went before the Marketing Committee and their recommendation was that the money could be better spent marketing the community to people outside the area. Councilmember Finerty stated she understood the Marketing Committee and Visitor Information Center Manager Donna Gomez was heading up a new strategy and asked if the Council should wait to hear it before it appropriated any funds. Mr. Hermann said he would defer to the City Council on that decision. Councilmember Finerty stated she believed the Council needed to hear the plan that the Marketing Committee was coming up with under Ms. Gomez leadership. Ms. Gomez said it made sense to wait, because that was the decision also of the Marketing Committee when it came to the advertising campaign that PD Style would be considered a marketing tool. Further responding, she said the Marketing Plan will be presented to the Marketing Committee at the June 21 meeting, so depending on their involvement and input, the plan can be presented to the City Council for consideration in either July or August. Councilman Kroonen noticed the Contract was due to expire on June 30. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 Mr. Hermann noted that if the City wished to continue its current level of financial participation, it would have to appropriate an additional $50,000, because staff only budgeted $60,000. Further responding, he didn't believe there was a roll-over provision. Mayor Pro Tem Spiegel said he believed the amount could be re -negotiated with The Desert Sun, if in fact, the Marketing Committee wished to go forward with it. Mayor Benson asked if it was alright with The Desert Sun to wait until the City had its Marketing Plan to decide whether or not to renew the contract. MS. CAROL HORTON, Desert Sun Marketing & Research Manager answered yes. She offered to supply the Council with additional material if needed. Councilmember Finerty moved to, by Minute Motion, continue to the meeting of July 14, 2011, in coordination with presentation of the Marketing Plan. Motion was seconded by Spiegel and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of May 18 - 31, 2011. Rec: Receive and file. With City Council concurrence, the City Manager Meeting Summaries for the Period of May 18-31, 2011, was received and filed. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 2. Update on Palm Desert Aquatic Center — Mr. Wohlmuth reported the Pool is now full of water, pumps are working, with the Opening scheduled for Saturday, June 25. He noted that Mr. Greenwood had taken some great action photographs of the final plastering and tile installation that occurred last Thursday - Friday and through filling the pool this week. The photos were incorporated into a slide show presentation for today's meeting. Mr. Greenwood described each of the photos presented, pointing out the unique parking lot for the facility, the large number of contractors' employees on -site for the plastering/tiling process (approximately 40- 60 workers in the pool all day Thursday). Water started pouring into the deep end about 1:30 p.m. Thursday, and by 7:30 a.m. Friday, the pool was about half full. He answered a question asked by many, advising that it was the depth of the water that made it appear so blue from the surface. He also showed a photo of the mechanical room, noting that there was a great deal of coordination that had to occur between the plasterers and the workers in the mechanical room for the project to be on track. Several more views of the facility were displayed, including the grassy area, zero/beach-entry, play area, slide, splash structure, warm-up and competition pools. It was noted the pool was completely full of water by Monday morning this week. In answer to question, he said some of the furniture was in, some of it was yet to come. Further responding, he said the pool was 151/2 feet at the deepest point. Councilmembers expressed their delight with the way the project turned out. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Consideration of Travel Requests and Reports: None o City Council Committee Reports: 1. Palm Desert Area Chamber of Commerce — Mayor Pro Tem Spiegel reported that Palm Desert's Chamber was singled out of a group of 21 in the State for its outstanding performance by the California Chamber of Commerce. He said the award recognized the Chamber for its excellence in business advocacy and helping members comply with California Employment Laws. He wholeheartedly agreed that they did a fine job keeping businesses on track and with identifying problem areas in proposed Sacramento legislation. o City Council Comments: 1. Graduation at Jean M. Benson Childcare Center — Mayor Benson assured her colleagues, the Fire and Police Departments that there was no shortage of children aspiring to go into public safety. She said that at last Saturday's Kindergarten Graduation, Police and Fire were the careers most of the graduates were hoping to enter when they grew up, which was as it had been for most of the last 10 years. She added that this year there was one who wanted to be a schoolteacher, one a veterinarian, several wanted to become princesses, and seeing the enthusiasm of the kids was very inspiring. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 o Suggested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting at 4:39 p.m. ATTEST: RA HELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 18