HomeMy WebLinkAbout2012-09-27MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 27, 2012
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Spiegel convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilmember Cindy Finerty
Councilmember Jan C. Harnik
Mayor Pro Tem William R. Kroonen
Mayor Robert A. Spiegel
Also Present
John M. Wohlmuth, Executive Director
David J. Erwin, City Attorney
Rachelle D. Klassen, Secretary
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
Martin Alvarez, Director of Economic 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
Stephen Y. Aryan, Risk Manager
Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Lease Property - 73710 Fred Waring Drive, Suite No. 210,
Palm Desert
Negotiating Parties:
Agency: John M. WohlmuthlPaul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: The Altum Group
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
C. Conference with Legal Counsel regarding potential to initiate litigation
pursuant to Government Code Section 54956.9(c):
Number of potential cases: 1
On a motion by Kroonen, second by Harnik, and 5-0 vote of the City Council, Mayor
Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting
at 4:03 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Erwin stated the Council approved entering into a lease agreement
between the Altum Group and the City of Palm Desert to lease Suite 210 at
the Parkview Office Complex, a City -owned property.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Mayor Pro Tem William R. Kroonen
VII. INVOCATION - Councilmember Jan C. Harnik
VIII. ORAL COMMUNICATIONS - B
A. PRESENTATION OF ANIMAL ADOPTION FEATURE.
MR. FRED SAUNDERS, representing Animal Samaritans, presented "Duke"
an 18-month old Terrier mix, who has been neutered. He likes kids, families,
and people. He said Duke will make a good pet and if anyone was
interested in adopting him, please contact Animal Samaritans at (760)
343-3477.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
B. GENERAL ORAL COMMUNICATIONS
None
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE ROBYN S. RITCHEY FOR HER
CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS BUILDING
BOARD OF APPEALS & CONDEMNATION, 1995 - 2012.
Ms. Ritchey was unable to be present at this meeting. Her recognition will
be continued to the meeting of October 11, 2012.
B. PRESENTATION OF PROCLAMATION, DECLARING THE WEEK OF
OCTOBER 7 - 13, 2012, AS "FIRE PREVENTION WEEK' IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Spiegel presented the proclamation to
Historical Society Mini -Muster Coordinator John Marman.
MR. MARMAN stated there wouldn't be a Mini -Muster event without the
Firemen who knew how to do community service. He said the Fire Safety
Program was successful because of the three entities working together,
Desert Sands Unified School District, Riverside County Fire Department, and
Historical Society. He thanked the firefighters who were present this evening
and those at Station 33 for all the work they did.
C. PRESENTATION OF PROCLAMATION, DECLARING THE MONTH OF
OCTOBER 2012 AS "FIRE PREVENTION AND MINI -MUSTER MONTH" IN
THE CITY OF PALM DESERT.
MR. MARMAN stated this was the 20'" Annual Mini -Muster, which is held at
the five local schools. He said by the end of the year firefighters and
volunteers will have taught 12,000 third grade students. He said the City of
Palm Desert Youth Committee was helping with the program as well, stating
some went through the program when they were in the 3rd grade and have
gone back to help at elementary schools.
On behalf of the City Council, Mayor Spiegel presented the Mini -Muster
proclamation to Mr. Marman. He invited everyone to attend any one of the
five upcoming programs, which start at 9:00 a.m. at the following locations:
October 2 - Washington Charter School; October 4 - Carter Elementary
School: October 9 - Lincoln Elementary School; October 11 - Ronald Reagan
Elementary School; October 16 - Ford Elementary School.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
D. REQUEST FOR REAPPOINTMENT OF DOUG WALKER TO A
FOUR-YEAR TERM (JANUARY 2013 - JANUARY 2017) AS THE CITY OF
PALM DESERTS REPRESENTATIVE TO THE COACHELLA VALLEY
MOSQUITO AND VECTOR CONTROL DISTRICT (CVMVCD) BOARD OF
TRUSTEES.
Mayor Pro Tem Kroonen stated he had the privilege of being a colleague of
Mr. Walker for 30+ years at College of the Desert and knew his skills well. He
said Mr. Walkers had served the City well and is delighted he was willing to
serve another term.
Mayor Pro Tem Kroonen moved to, by Minute Motion, reappoint Douglas J. Walker
as the City of Palm Desert's representative to the Coachella Valley Mosquito and Vector
Control District (CVMVCD) Board of Trustees for a four-year term, January 2013 to
January 2017. Motion was seconded by Hamik and carried by a 5-0 vote.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 13, 2012.
Rec: Approve as presented.
B. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Marketing Committee Meeting of July 17, 2012.
2. Public Safety Commission Meeting of June 13, 2012.
Rec: Receive and file.
C. REQUEST FOR APPROVAL of Tenant Improvements in an Amount Not to
Exceed $15,000 for Suite No. 210 at the Parkview Professional Office
Complex, 73710 Fred Waring Drive, and Authorization for the City Manager
to Approve All Expenditures up to $15,000.
Rec: By Minute Motion: 1) Approve tenant improvements in an amount not
to exceed $15,000 for Suite No. 210 at the Parkview Professional
Office Complex; 2) authorize the City Manager to approve all
expenditures up to $15,000; 3) appropriate $15,000 for this purpose
from Fund 510.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
D. REQUEST FOR AUTHORIZATION for Staff to Solicit Proposals for the
Desert Willow Reservoir Cover Replacement Project (Contract No. C32210,
Project No. 861-12).
Rec: By Minute Motion, authorize staff to solicit proposals for the
Desert Willow Reservoir Cover Replacement Project - funds are
available in Course and Grounds Expenses, Account No.
520-4195-495-8031.
E. REQUEST FOR AWARD OF CONTRACT to West Coast Arborists, Inc., in
an Amount Not to Exceed $44,250 for Tree Pruning at Desert Willow Golf
Resort (Contract No. C32070, Project No. 842-13).
Rec: By Minute Motion: 1) Authorize award of the subject contract to West
Coast Arborists, Inc., Anaheim, Califomia, in an amount not to exceed
$44,250 for Tree Pruning at Desert Willow Golf Resort; 2) authorize
the Mayor to execute the contract- funds are available in Course and
Grounds Expenses, Account No. 520-4195-495-8031.
F. REQUEST FOR APPROVAL of a Professional Services Agreement with
Vacation Rental Compliance in an Amount Not to Exceed $21,600 for a
Contracted Program to Identify and Bring Into Compliance Palm Desert
Homeowners Not Currently Complying with Palm Desert Municipal Code
Section 3.28.020 - Transient Occupancy Tax (TOT) and Section 5.10 -
Short-term Rentals (Contract No. C32280).
Rec: By Minute Motion, approve the subject Professional Services Contract
with Vacation Rental Compliance, Rancho Mirage, California, in an
amount not to exceed $21,600.
G. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of
Work for Contract No. C31450 - 2012 Citywide Striping Program (Project
No. 564-12) (Statewide Stripes, Inc., San Diego, CA).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$23,695 to the subject contract with Statewide Stripes, Inc.,
San Diego, California; 2) transfer $23,695 from contingency to base
for the subject contract; 3) authorize the Mayor to execute Change
Order No. 1; 4) accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project -
funding is available in General Fund Account No. 110-4315-433-3320.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31580 —
Desert Willow Maintenance Building Site Lighting at 38-650 Portola Avenue,
Also Known as 38-400 Portola Avenue (Falcon Builders, Inc., Indian Wells,
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.
I. INFORMATIONAL REPORT Related to the Highway 111 Resurfacing
Project (Contract No. C31810, Project No. 752-13).
Rec: Receive and file.
Upon a motion by Kroonen, second by Benson, and 5-0 vote the City Council, the
Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
Xll. RESOLUTIONS
A. RESOLUTION NO. 2012 - 65 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING AN OFFER
MADE IN PARCEL MAP NO. 34211-1 AS AN EASEMENT FOR DRAINAGE
PURPOSES, RATHER THAN IN FEE TITLE, OVER CHANNEL LOT B AND
THE 15-FOOT WIDE EASEMENT FOR DRAINAGE AND INCIDENTAL
PURPOSES.
Mr. Greenwood stated this subdivision is located along the railroad tracks
and freeway in the north end of town, directly west of Cook Street. When the
property was subdivided, the City required a dedication of a drainage parcel
for a future regional drainage channel that was planned at the time.
Coachella Valley Water District (CVWD) has since determined the regional
facility is not needed. Therefore, the dedication is changed to a local
drainage easement with the property owner retaining ownership of this
property; the City will only have an easement for the drainage and curbs in
that area.
Mayor Pro Tem Kroonen moved to waive further reading and adopt Resolution
No. 2012 - 65. Motion was seconded by Harnik and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
B. RESOLUTION NO. 2012 - 66 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS
OF RESOLUTION NO. 2012-53 - SALARY SCHEDULE, SALARY RANGES,
AND ALLOCATED CLASSIFICATIONS.
Human Resources Manager Lori Carney stated the Department of Public
Works and Human Resources is requesting a downward reclassification of
an existing allocated position that is currently vacant. The position is
currently classified as Management Analyst and staff wishes to reclassify to
Accounting Technician, which will better serve the needs of the department
and save the City money.
Councilmember Hamik moved to waive further reading and adopt Resolution
No. 2012 - 66. Motion was seconded by Kroonen and carried by a 5-0 vote.
XIII. ORDINANCES
A. For Introduction:
None
B. For Adootion:
1. ORDINANCE NO. 1241 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 2.04.040, 2.04.060, 2.04.110, 2.08.020, 2.08.030,
2.12.010, 2.16.010, 2.52.505, 2.60.030, AND 10.12.010 OF THE
PALM DESERT MUNICIPAL CODE, DEALING WITH VARIOUS
CITY OFFICES.
Councilmember Hamik moved to waive further reading and adopt Ordinance
No. 1241. Motion was seconded by Kroonen and carried by a 5-0 vote.
2. ORDINANCE NO. 1242 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 2.36.250, 2.36.300, 2.36.430, AND REPEALING
SECTION 2.36.480 OF THE PALM DESERT MUNICIPAL CODE,
DEALING WITH THE CONDUCT OF COUNCIL MEETINGS.
Mayor Pro Tem Kroonen commented on the gender -biased language.
Mayor Pro Tem Kroonen moved to waive further reading and adopt Ordinance
No. 1242. Motion was seconded by Harnik and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
3. ORDINANCE NO. 1243 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 5.10.050, 8.20.020, 9.24.075, AND 9.25.020 OF THE
PALM DESERT MUNICIPAL CODE, DEALING WITH PROPERTY
MAINTENANCE ISSUES.
Mr. Wohlmuth recalled for the Council this was the second reading for
all the Ordinances presented this evening. The City Attomey worked
on cleaning up the language in the Municipal Code that will provide
more clarification in the interpretation, which was a process done
once a year.
Mayor Pro Tem Kroonen asked if the hours listed on Page Two under
Section 8 were to remain forever.
Mr. Erwin responded those hours were not forever, but there was no
change to the Code, and they are the hours the City has had for a
number of years.
Councilmember Hamik moved to waive further reading and adopt Ordinance
No. 1243. Motion was seconded by Kroonen and carried by a 5-0 vote.
4. ORDINANCE NO. 1244 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 5.84.010, 5.84.100, 5.84.120, AND 5.84.130, AND
DELETING SECTIONS 5.84.020 AND 5.84.050 OF THE
PALM DESERT MUNICIPAL CODE, DEALING WITH PEDDLING
AND SOLICITATION.
Mayor Pro Tem Kroonen moved to waive further reading and adopt Ordinance
No. 1244. Motion was seconded by Hamik and carried by a 5-0 vote.
5. ORDINANCE NO. 1245 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 4.10.070, 4.10.080, AND 4.10.120 OF THE
PALM DESERT MUNICIPAL CODE, DEALING WITH PLACEMENT
OF ARTWORK.
Mayor Pro Tem Kroonen moved to waive further reading and adopt Ordinance
No. 1245. Motion was seconded by Benson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
6. ORDINANCE NO. 1246 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 9.24.030, 9.24.040, AND 9.24.100 OF THE
PALM DESERT MUNICIPAL CODE, DEALING WITH NOISE
CONTROL.
Councilmember Harnik moved to waive further reading and adopt Ordinance
No. 1246. Motion was seconded by Kroonen and carried by a 5-0 vote.
7. ORDINANCE NO. 1247 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 26.24.220, 26.28.050, 26.49.060, 27.12.015, 27.12.045,
27.28.120, ADDING SECTION 27.12.056, AND DELETING
SECTION 27.12.067 OF THE PALM DESERT MUNICIPAL CODE,
DEALING WITH CIVIL ENGINEERING.
Mayor Pro Tem Kroonen moved to waive further reading and adopt Ordinance
No. 1247. Motion was seconded by Hamik and carried by a 5-0 vote.
8. ORDINANCE NO. 1249 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTION 2.28.010 OF THE PALM DESERT MUNICIPAL CODE -
CITY COUNCIL COMPENSATION AND REIMBURSEMENT.
Councilmember Hamik moved to waive further reading and adopt Ordinance
No. 1249. Motion was seconded by Benson and carried by a 5-0 vote.
XIV. NEW BUSINESS
A. REQUEST FOR REVISION OF THE CONDITIONS OF APPROVAL FOR
PRECISE PLAN NO. 10-302 (FUTURE DEPARTMENT OF MOTOR
VEHICLES [DMA SITE) TO WAIVE REQUIREMENT TO CONCRETE -LINE
THE (FORMER) MID -VALLEY CHANNEL (Sycamore III, LLC, Applicant).
Mr. Greenwood stated this revision was related to an earlier agenda item
(Resolution No. 2012-65), but this was for the larger parcel property west of
Cook Street, specifically, the Department of Motor Vehicles (DMV) parcel.
When the DMV project was approved, they were required to line the channel
with concrete because it was thought to be a regional facility. However, it's
been determined a local facility and the concrete -line is no longer needed.
Mayor Pro Tem Kroonen moved to, by Minute Motion, approve revision of the
Conditions of Approval for PP 10-302 (future DMV site) to waive the requirement to
concrete -line the (former) Mid -Valley Channel. Motion was seconded by Harnik and
carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
B. REQUEST FOR AUTHORIZATION TO PURCHASE FERTILIZER
PRODUCTS FROM CROP PRODUCTION SERVICES IN AN AMOUNT
NOT TO EXCEED $212,693.11 FOR THE DESERT WILLOW GOLF
RESORT (CONTRACT NO. C32290, PROJECT NO. 843-13).
Mayor Spiegel questioned why High Tech Irrigation, a local vendor, was
declared non -responsive
Mr. Erwin responded the Request for Proposals (RFP) on the fertilizer asked
for a specific mix that is required for that facility. The greens themselves
have a special fertilizer that's used, and the vendor did not meet the
specifications. Responding to question about the unapproved products, he
explained the products are requested by the greens superintendent at the
golf course. He said the City has done this in the past where it asked for
similar types of mixes, and/or a specific mix.
Councilmember Finerty said it was unfortunate High Tech Irrigation couldn't
get the fertilizer right, because they are local and it would have been quite a
savings. She asked if the mix had to do with weed control.
Landscape Manager, H. Spencer Knight explained the fertilizer that was
specified is more expensive because of its type of formulation, and the
chemical that was offered in substitution is much cheaper to produce, but it
doesn't perform the same way. He wouldn't say the substitution offered was
worthless, but it won't produce the results wanted.
Councilmember Finerty asked what was the expected result.
Mr. Knight responded the result would to the health of the turf and the play
of the golf ball on the green. He went on to say that managing the golf
course was high tech where they grow the turf in a situation that isn't
conducive to aggressive growth and is kept close to the ground; therefore,
it requires sophisticated fertilization and irrigation practices to keep it healthy.
Councilmember Harnik moved to, by Minute Motion: 1) Reject the apparent low bid
by High Tech Irrigation, Palm Desert, California, and declare it non -responsive; 2) authorize
the Desert Willow Golf Resort to purchase fertilizer products from Crop Production
Services, San Jacinto, California, in an amount not to exceed $212,693.11; 3) authorize
the Mayor to execute said contract — funds are available in Course and Grounds Expenses,
Account No. 520-4195-495-8031. Motion was seconded by Kroonen and carried by a 5-0
vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE AREA NO. 1 TO KIRKPATRICK LANDSCAPING
SERVICES, INC., FOR A 20-MONTH CONTRACT IN THE AMOUNT OF
$187,000, PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT
AMOUNT FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT
NO. C32160, PROJECT NO. 901-12).
Mr. Wohlmuth stated he felt he needed to explain the difference between a
bid and a proposal. He recalled for the Council that a bid was received in
June from TruGreen LandCare, but because they underbid the project, they
backed out. Historically, over the last three to five years, the City has been
going with the low -bidder for the landscape maintenance areas; however,
they hadn't been doing a great job. He said those low -bidders underbid and
had to cut somewhere to make their money. The Council then authorized
staff to go through a Request for Proposal process similar to the Housing
Element. Staff undertook a review process to find the successful contractor
for the City parks and medians, and a memo was sent to the Council to
clarify that process.
Mayor Spiegel pointed out that Kirkpatrick Landscaping Services was the
low -bidder for this contract.
Mr. Knight agreed, stating that in the review process, other factors besides
price are taken into consideration as explained in the memo. He said there
is a chance that the low -bidder receives the highest points for a given
Landscape Maintenance Area (LMA).
Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Award the subject contract
for Landscape Maintenance Area No. 1 to Kirkpatrick Landscaping Services, Inc., Indio,
California, for a 20-month contract in the amount of $187,000; 2) include extra repair work
and services in an amount not to exceed 20% of contract amount ($37,400); 3) appropriate
an additional $14,800 from Unobligated General Funds to Account
No. 110-4614-453-3370; 4) authorize Mayor to execute the contract — funds are available
in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians and
Assessment District Account No. 276-4374-433-3320 - Haystack Drainage Channel.
Motion was seconded by Harnik and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
D. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE AREA NO. 16 TO VINTAGE ASSOCIATES, INC., FOR A
20-MONTH CONTRACT IN THE AMOUNT OF $280,000, PLUS AN
AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA
REPAIR WORK AND SERVICES (CONTRACT NO. C32170 PROJECT
NO. 916-12).
Mayor Spiegel pointed out that in this case, Vintage Associates was not the
lowest bidder. Landscape Manager H. Spencer Knight agreed.
Councilmember Finerty stated that according to the City Manager's memo
which stated, "It is staff's opinion that Kirkpatrick Landscape, Vintage
Associates, and Excel Landscape have proposed fair prices and will be able
to provide landscape maintenance services that will meet the City's level of
expectation." She questioned why Vintage was chosen over Excel.
Mr. Knight explained that Excel did not score as high in the other categories
as Vintage did, so consequently, Vintage was the higher point earner.
Further responding, he said the City Manager's memo is correct in context
of the scoring criteria for the different landscape maintenance areas. A chart
was included with the City Manager's memo that included the total scores for
the different Landscape Maintenance Areas (LMA).
Mayor Spiegel said it was good that Vintage was in Bermuda Dunes, a local
vendor, yet Excel was in Corona.
Mr. Knight went on to say there were seven different criteria that each of the
vendors was scored on, which is attached to the City Manager's memo. The
different point values are outlined for each of the LMA's for the different
proposers, and depending on the criteria and character of that particular
landscape maintenance area and selection criteria, they scored differently.
For example, taking the price evaluation, he estimated what would be a
reasonable amount to pay for each LMA, and depending on how close the
proposer came to that amount, they were assigned a point value. In other
words, if the proposed cost was closer to staffs estimate, that vendor would
receive more points, and if they were farther away in either direction
over/under, they would receive less value. Overall, Excel has the ability to
perform in depth, in terms of the size of the company, quality of the
equipment, and quality of the manpower, but based on their proposal, they
don't have the desert experience staff would like to see. Vintage on the
other hand, has extremely well qualified staff and extensive desert landscape
experience, which is why they scored higher in that area.
Councilmember Harnik suggested staff include another column to show how
each vendor scored on future staff reports.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
Mr. Knight explained he provided the typical format that's been used for
years, but was then asked to follow-up with a memo to include the scoring.
He agreed staff could provide the final scores in future staff reports.
Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Award the subject contract
for Landscape Maintenance Area No. 16 to Vintage Associates, Inc., Bermuda Dunes,
California, for a 20-month contract in the amount of $280,000; 2) include extra repair work
and services in an amount not to exceed 20% of contract amount ($56,000); 3) appropriate
an additional $42,000 from Unobligated General Funds to Account
No. 110-4611-453-3320; 4) authorize Mayor to execute the contract — funds are available
in General Fund Account No. 110-4611-453-3320 - R/M Landscaping Services. Motion
was seconded by Harnik and carried by a 5-0 vote.
E. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE AREA NO. 17 TO EXCEL LANDSCAPE INC. FOR A
20-MONTH CONTRACT IN THE AMOUNT OF $281,000, PLUS AN
AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA
REPAIR WORK AND SERVICES (CONTRACT NO. C32180, PROJECT
NO. 917-12).
Councilmember Finerty asked how did Excel Landscape pass in this case.
Mr. Wohlmuth explained that Landscape Maintenance Area (LMA) 17 is the
Civic Center park, which is predominately turf and is the most important
aspect. He said Excel Landscape is very good at turf and not so much at
desert landscape; therefore, they scored high in the turf column, but lower
in the desert. Staff felt Excel Landscape had the equipment and expertise
necessary to maintain the turf. Further responding, he said Excel could trim
plants and shrubs in the Civic Center, but it might take more of the landscape
manager and inspectors' time to check on them with a desert palette.
Mr. Knight said another factor was that their price was sufficiently low enough
to compensate in point value for their lack of experience, and turf was a
primary time consumer in LMA 17.
Councilmember Harnik moved to, by Minute Motion: 1) Award the subject contract
for Landscape Maintenance Area No. 17 to Excel Landscape Inc., Corona, California, for
a 20-month contract in the amount of $281,000; 2) include extra repair work and services
in an amount not to exceed 20% of contract amount ($56,200); 3) appropriate an additional
$8,400 from Unobligated General Funds to Account No. 110-4610-453-3320; 4) authorize
Mayor to execute the contract — funds are available in General Fund Account
No. 110-4610-453-3320 - R/M Landscape Services, Account No. 110-4611-453-3320 -
R/M Landscape Services, and Account No. 110-4610-453-3371 - Tri-Cities Sports Facility.
Motion was seconded by Benson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
F. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE AREA NO. 18 TO VINTAGE ASSOCIATES, INC., FOR A
20-MONTH CONTRACT IN THE AMOUNT OF $148,100, PLUS AN
AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA
REPAIR WORK AND SERVICES (CONTRACT NO. C32190, PROJECT
NO. 918-12).
Councilmember Finerty noted there must be a lot of trimming involved with
this landscape area.
Mr. Knight answered there was.
Councilmember Harnik moved to, by Minute Motion: 1) Award the subject contract
for Landscape Maintenance Area No. 18 to Vintage Associates, Inc., Bermuda Dunes,
Califomia, for a 20-month contract in the amount of $148,100; 2) include extra repair work
and services in an amount not to exceed 20% of contract amount ($29,620); 3) appropriate
an additional $13,640 from Unobligated General Funds to Account
No. 110-4611-453-3320; 4) authorize Mayor to execute the contract — funds are available
in General Fund Account No. 110-4611-453-3320 - R/M Landscaping Services. Motion
was seconded by Kroonen and carried by a 5-0 vote.
G. REQUEST FOR APPROVAL OF THE CITY OF PALM DESERT
MARKETING PLAN AND RELATED DIGITAL AND PRINT MEDIA PLANS
FOR FISCAL YEAR 2012-2013.
Tourism & Marketing Manager Donna Gomez stated this was a request for
Council's consideration and approval of a marketing plan and related media
plans for fiscal year 2012-2013. She said the overall philosophy of the
marketing plan is to address the branding of Palm Desert as a tourism resort
and destination as well as bringing visitors to Palm Desert, which translated
into revenue for the City. She said the goals, objective, and strategies within
the three plans support that philosophy and will serve as a roadmap and
guide to the marking program for the next fiscal year. The Palm Desert
Marketing Committee reviewed the Marketing, Digital and Print Media Plans,
and unanimously recommended approval.
Mayor Spiegel stated he understood there will now be a flight from New York
to San Francisco to Palm Springs under Virgin Airlines. He asked if the City
would be advertising in their program.
Ms. Gomez said that when the airline started their flight series, staff checked
into their advertising and found them to be very expensive and outside the
City's budget. She agreed to ask for a reduction in cost for advertising.
Councilmember Benson stated that beginning in November. Allegiant Airlines
will have a flight from Palm Springs to Eugene.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
Councilmember Harnik stated she represented the Council on the Marketing
Committee and the work presented was in-depth as it addressed many
questions and issues. The Marketing Committee then went further in an
in-depth review, which was a terrific effort that brought about a great result.
Ms. Gomez explained this was a flexible document where if staff found that
throughout the year it was not seeing the results expected with the program
they would be able to change it. One of the things that came up in the
Marketing Committee on September 18 was that it used to have advertising
in the San Francisco market and noticed that was missing this year. She
reviewed and found a little bit of duplication with Alaska Airlines, so she
reduced some of that advertising and added San Francisco Magazine in
January, February, and March. Therefore, the City will be in that market as
well, and that's not within the media plans.
Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Concur with the Marketing
Committee's recommendation and approve the Marketing Plan for Fiscal Year 2012-2013;
2) concur with the Marketing Committee's recommendation and approve Digital and Print
Media Plans for Fiscal Year 2012-2013. Motion was seconded by Hamik and carried by
a 5-0 vote.
Mayor Spiegel and Mayor Pro Tem Kroonen commented it was a job well
done.
XV. CONTINUED BUSINESS
A. CONSIDERATION OF PROPOSED FEE REDUCTION FOR HVAC AND
WATER HEATER REPLACEMENT PERMITS WITHIN CITY OF
PALM DESERT (Continued from the meeting of August 23, 2012).
Mr. Grance stated this item was continued from the meeting of August 23
where the Council directed staff to retum with additional options to reduce
the fees for water heater replacement and HVAC permits; staff
recommended eliminating the issuance fee of $105 for these two types of
permits. He said Palm Desert was comparable with other cities in the other
fees.
Mayor Pro Tem Kroonen moved to, by Minute Motion, approve a fee structure,
which incentivizes the applicant with reduced permit fees when installing more
energy -efficient equipment beyond the minimum required by State Energy Code and to
eliminate the issuance fee for replacement water heaters and HVAC permits. Motion was
seconded by Benson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
B. REQUEST FOR DIRECTION RELATED TO A -FRAME AND PEDESTAL
SIGNS (Continued from the meeting of August 23, 2012).
Mayor Spiegel noted a continuation was being requested, because staff had
not been able to meet with the Chamber and the Merchants on El Paseo.
Councilmember Harnik moved to, by Minute Motion, continue this item to the
meeting of October 11, 2012. Motion was seconded by Kroonen and carried by a 5-0 vote.
C. REQUEST FOR DIRECTION TO STAFF ON THE ADMINISTRATION OF
CITY COUNCILMEMBER BENEFITS (Continued from the meeting of
August 23, 2012).
Mr. Erwin stated he had not received a response from the Fair Political
Practices Commission (FPPC) and requested the item be continued to the
first meeting in October. He said the FPPC requested additional information,
which has already been sent; he hoped to have a response by the next
meeting.
Mayor Pro Tem Kroonen moved to, by Minute Motion, continue this item to the
meeting of October 11, 2012. Motion was seconded by Hamik and carried by a 5-0 vote.
D. ORDINANCE NO. 1248 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 10.20.010, 10.20.020, 10.32.060, 10.48.120, 10.48.150,
10.72.010, 25.58.312, AND DELETING SECTIONS 10.12.030, 10.12.040,
10.32.050, 10.40.010, 10.40.030, 10.56.020, 10.60.010, AND 10.68.010OF
THE PALM DESERT MUNICIPAL CODE, DEALING WITH TRAFFIC
ISSUES (Continued from the meeting of September 13, 2012).
Mr. Erwin stated he had not dealt with all the changes necessary with this
Ordinance and asked that the item be removed from the agenda. He said
when the corrections and modifications are complete, the item will be placed
back on the agenda.
Mayor Pro Tem Kroonen moved to, by Minute Motion, remove this item from the
agenda. Motion was seconded by Harnik and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
E. REQUEST FOR APPROVAL OF SOLID WASTE AND RECYCLE ROUTE
CHANGE FOR PALM DESERT RESORTER, PALM VALLEY COUNTRY
CLUB, AND DESIGNATED RESIDENTIAL AREAS (Continued from the
meeting of September 13, 2012).
Mr. Wohlmuth noted a letter with a response card was sent to 2,300 homes
with a deadline to respond by Monday, October 1, 2012.
Responding to question, Ms. Riddle said 1,700 response cards had already
been received with most claiming they didn't care when they received service
or not having a negative impact on them, but 96 residents preferred having
it left on Monday service.
Mayor Pro Tem Kroonen moved to, by Minute Motion, continue this matter to the
meeting of October 11, 2012. Motion was seconded by Harnik and carried by a 5-0 vote.
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
None
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manaaer Meetina Summaries for the Period of September 1 - 14,
2012.
With City Council concurrence, the Meeting Summaries were received and filed.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Reminder of City Council Study Session Scheduled for Thursday,
October 11, 2012, at 2:00 p.m., Administrative Conference Room, for
a Discussion Regarding the City's Economic Development Strategy
Plan.
Councilmembers took note of the upcoming schedule.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
2. Windstorm of September 9. 2012.
Mr. Wohlmuth noted the windstorm uprooted approximately 150 trees
in the City of Palm Desert from City parks, lands, and rental
properties, and 71 trees at Desert Willow; it was a devastating
windstorm Valley -wide. Staff was in the process of removing the
damaged trees and replacing the ones necessary. He thanked the
community for their patience as staff went through that process.
D. PUBLIC SAFETY
1. Fire Department
None
2. Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. City Council Requests for Action:
a) Country Club Drive Median Landscaping - Councilmember
Hamik stated she noticed the median on Country Club Drive
between Portola Avenue and Cook Street was radically pruned
during high season last year when guests were going in and
out of the Marriott. She understood that area had to undergo
radical pruning; however, she suggested staff provide an
alternate type of plant material that would look good year
round and required less maintenance and water. She said
perhaps the palette can be changed with something that
looked better as one went down that corridor. Responding to
question, she agreed it included part of the Lantana section.
2. City Council Consideration of Travel Requests and Reports:
a) Southern California Transportation Summit. Mobility 21 -
Councilmember Harnik said she will be attending a daylong
conference about where transportation was headed and what
the need was for the State and local communities.
3. City Council Committee Reports:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012
4. City Council Comments:
None
5. Suaoested Items for Future City Council Meeting Aoendes:
None
XIX. ADJOURNMENT
With City Council concurrence, Mayor Spiegel adjourned the meeting at 4:54 p.m.
ATTEST:
R ' HELLE D. KLASSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
4`y2
ROBERT A. SATE EL,
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