HomeMy WebLinkAbout2013-06-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 13, 2013
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Hamik convened the meeting at 3:03 p.m.
II. ROLL CALL
Present:
Mayor Pro Tem Jean M. Benson
Councilman Robert A. Spiegel
Councilman Van G. Tanner
Councilmember Susan Marie Weber
Mayor Jan C. Hamik
Also Present:
John M. Wohlmuth, City Manager
David J. Erwin, City Attorney
Rachelle D. Klassen, City Clerk
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
Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
Grace L. Mendoza, Deputy City Clerk
Upon inquiry by Mayor Hamik, Ms. Klassen affirmed that the agendas for today's
City Council, Successor Agency, and Housing Authority Meetings had all been
411..11 posted in accordance with the Ralph M. Brown Act.
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Govemment Code
Section 54956.8:
1) Property: 43878 Portola Avenue (APN 622-200-055), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Martin Alvarez/City of Palm Desert
Property Owner. Josephine V. Gaudio Trust
Under Negotiation: � Price 2_ Terms of Payment
NOTE: PROPERTY NEGOTIATION ITEM NOS. 2-4 WERE LISTED ON AN AGENDA
ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING.
2) Property: 75-444 Orange Blossom Lane (APN 634-062-006),
Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Skartete Nabavi-Noori
Under Negotiation: A. Price 2_ Terms of Payment
3) Property: 43-815 Yellow Sage Drive (APN 634-242-027),
Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner. Elizabeth A. Gilmore
Under Negotiation: 2.. Price 2_ Terms of Payment
4) Property: 74-600 King Fisher Circle (APN 624-440-014), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Carlos Valdez
Under Negotiation: A. Price 2_ Terms of Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Govemment Code Section 54956.9(d)(2):
Number of potential cases:
With City Council concurrence, Mayor Hamik adjourned the meeting to Closed
Session at 3:04 p.m. She reconvened the meeting at 4:00 p.m.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Erwin reported that in the Closed Session just ended, City Council
approved and finalized a Settlement Agreement between the City and the
Desert Willow Resort Condominium Association as it relates to the Project
Amenity Fees there.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Mayor Pro Tem Jean M. Benson
VII. INVOCATION - Councilman Robert A. Spiegel
VIII. ORAL COMMUNICATIONS - B
MR. DAVE THORNTON, Executive Director of Angel View Crippled Children's
Hospital, Desert Hot Springs, CA, said his organization has been in the Coachella
Valley serving the disabled for almost 60 years (next year being their anniversary).
He added that they've been expanding their services, and he thanked the City of
Palm Desert for its support of their programs over the years. He commended
Ms. Riddle for her work with the Community Development Block Grant (CDBG)
Program and said those funds provided a wonderful opportunity for Angel View to
serve those with such, significant needs. This year they've launched a couple of
new programs that he wanted everyone to know about in order to assist people with
disabilities who need certain services; Angel View wanted to be able to offer that
support. He reported that there are 19 group homes in the Coachella Valley for
people with very significant medical needs where they can be cared for 24
hours/day and also participate in day programs, etc. He said they also have started
a day program that serves 50 individuals who have graduated from their special
education programs in the school districts and now need activities. Next, one of his
counterparts here today will talk about an outreach program where they go into the
community and serve at least 500 families per year with special needs for their
disabled children. He again thanked the City for all its wonderful support and to
advise that if anyone knows of someone out there with needs, please let Angel View
know, because they'd like to be able to be of service.
MS. AMANDA GALINDO, Program Manager for Angel View Outreach, said it was
a brand new offering launched last year in February. She said they provide three
major services. First, they provide resources and referrals, and since she was
bilingual, they were able to assist families with the processing of any applications
•• M they're making for their children. The programs are for children under the age of 18
with any disability that are living in the homes in the Coachella Valley. Secondly,
they have the medical reimbursement mileage program, which helps families
traveling back and forth to medical appointments, therapy sessions, or going out of
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
town for doctor appointments; they can be reimbursed for miles traveled. Lastly,
they have a mini -grant program, which assists families in buying medical supplies
and things not covered by MediCal or any other source. Additionally, she said they
have a brand new summer scholarship program for disabled children, helping
families pay for a program that they'd like to enroll them in for the summer up to
$100.
MR. WILLIAM CORONEL, resident of the Falcon Crest Community, Palm Desert,
wished to address problems that they've had in his community with the
Homeowners Association for the last three years. He said there were control
issues, and people there are afraid. They're trying to build a pool, no matter what;
they're trying to change the CC&Rs (Covenants, Conditions and Restrictions), which
were initially given on the development by the City/Housing Authority almost seven
years ago. He added that he was a Homeowners Association Board Member until
just last week, and they are using the Association lawyers to remove him because
he played against the Board Members, so they brought up everything personal
against him. Therefore, he was appearing before Council today to ask for help with
this problem. He said next to Falcon Crest is a Senior Community; they don't have
a Homeowners Association, they are low-income apartments, not gated, so he
asked if the Falcon Crest Homeowners Association could be removed.
Mayor Hamik thanked Mr. Coronel for his comments and said the matter would be
referred to staff.
MR. BRIAN STELMACH, Palm Desert, asked the City Council if there was a
Building Code in Palm Desert that requires a green belt or park area for a given
number of homes, such as 100, in a non -gated community. He had seen something
like this in La Quinta, north of the high school there, but he hadn't seen it in
Palm Desert. He felt it would be nice to be able to walk to an area like that rather
than getting into a car and traveling several miles to a park.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION BY CITY CLERKS ASSOCIATION OF CALIFORNIA
PRESIDENT JAMIE ANDERSON.
Ms. Anderson said she was the retired Town Clerk from the Town of
Yucca Valley, CA, and also former President of the City Clerks Association
of Califomia. She said every year the President calls for nominations of City
Clerks in areas of Public Relations, Organization/Administration/
Communications, Legislative Procedures, Elections and Voter Outreach,
Records Management, Special Projects, Humanitarian/Good Samaritan, and
other awards that their counterparts think they deserve. This year a
nomination was received for Palm Desert's City Clerk, Rachelle Klassen, for
her work on the Committee for the Library. She quoted from the nomination
stating, "The City Clerk's input was invaluable in solving many of the complex
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
issues that arose during this project. Her dedication to providing an
exceptional facility and protecting City assets was instrumental in creating a
new facility that will meet the community's needs for years to come." She
went on to say that she was very impressed with the nomination, and she
selected Ms. Klassen for an Award of Distinction from the City Clerks
Association for her work on Special Projects. She said at each City Clerks
Association Annual Conference, there is a banquet where these awards are
presented; unfortunately, Rachelle was unable to attend the Conference this
year. So she wanted to come to a City Council Meeting to personally
present the award.
Ms. Klassen graciously accepted the award, noting that when she came into
the profession some 15 years ago, it was the seasoned Clerks like
Ms. Anderson who helped mentor her as she teamed all the ropes. She
went on to say that the State of California has a great network of City Clerks,
not only do they help their constituents, but they help each other whenever
they're needed — you can go to any community and seek assistance from
the Clerk. Additionally, she commented that this award would not have been
possible if not for the people she works with, particularly those in the Clerk's
Office, who rise to the occasion every single time. She then recognized her
husband, Rick, and her son, Operation Enduring Freedom Afghanistan
Veteran, U.S. Army Specialist Jacob Klassen, for being in attendance today
for this recognition, because they had always been very supportive of her
professional endeavors as well.
Mayor Hamik offered that Ms. Klassen and her team were amazing, and she
expressed gratitude for their help with everything the City Council does. She
also thanked Spc. Klassen for his service.
X. CONSENT CALENDAR
A. MINUTE of the Regular City Council Meeting of May 23, 2013.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 222, 223, 224, 227, 228, and 231.
Rec: Approve as presented.
C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of March and April 2013 (Joint Consideration with the Successor Agency
to the Palm Desert Redevelopment Agency).
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Embassy
Suites -Palm Desert Resort, 74700 Highway 111, Palm Desert.
Rec: Receive and file.
E. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Art In Public Places Commission Meeting of March 20, 2013.
2. Audit, Investment & Finance Committee Meetings of March 26 and
April 23, 2013.
3. Marketing Committee Meeting of April 16, 2013.
4. Public Safety Commission Meetings of November 14, 2012, and
March 19, 2013.
5. Youth Committee Meeting of April 1, 2013.
Rec: Receive and file.
F. REQUEST FOR AUTHORIZATION( to Deaccession Two Ceramic Mosaic
Benches Created for Palma Village Park by Debra Yates.
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Rec: By Minute Motion, approve deaccessioning two mosaic benches
created for Palma Village Park by Debra Yates. .r
G. REQUEST FOR APPROVAL. of Cellular Tower Sublease Transfer from
T-Mobile to Crown Castle for the 43-002 San Pablo Avenue Site (Civic
Center Park), Palm Desert.
Rec: By Minute Motion, authorize the City Manager to execute the Letter
of Acknowledgment and Consent to accept T-Mobile Cellular Tower
Sublease Transfer to Crown Castle.
H. REQUEST FQR APPROVAL of Contract with HF&H Consultants, LLC, for
Development of a Recycle Fee Nexus Study (Contract No. C32860).
Rec: By Minute Motion: 1) Authorize the City Manager to execute an
Agreement with HF&H Consultants, LLC, Irvine, California, for the
development of a Recycle Fee Nexus Study; 2) authorize expenditure
of funds for this purpose in the amount of $15,000 from the Recycle
Fund, Account No. 236-4195-454-3090; 3) approve a 20%
contingency for the contract in the amount of $3,000.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
I. REQUEST FOR AUTHORIZATION of the Mayor Executing a Grant of
Easement to Southern California Edison for the Freedom Park Well Site.
Rec: By Minute Motion, authorize the Mayor to execute a Grant of
Easement to Southem California Edison (SCE) for the Freedom Park
Well Site.
J. REQUEST FOR APPROVAL of the Purchase of Compressed Natural Gas
(CNG) Fuel from Clean Energy and SunLine Services Group for Fiscal Year
2013-2014 in an Amount Not to Exceed $40,000.
Rec: By Minute Motion, approve the purchase of CNG fuel from Clean
Energy, Seal Beach, California, as the primary source, and SunLine
Services Group, Thousand Palms, California, as an alternative source
for FY 2013-2014 in an amount not to exceed $40,000 — funds are
available in General Fund Account No. 110-4331-413-2170 - Auto
Fleet -Supply Automotive Gas.
K. REQUE$T FOR AUTHORIZATION to Streamline the Use of Vendors for the
Corporation Yard by Granting Exception to Bidding Requirements and
Approving the Original Equipment Manufacturer (OEM) Vendor List and the
Corporation Yard Various Vendors and Qualified Service Providers List for
Fiscal Year 2013-2014.
Rec: By Minute Motion: 1) Grant an exception to the bidding requirements,
as provided for by Palm Desert Municipal Code Section 3.32.090, for
FY 2013-2014; 2) approve the OEM Vendor List; 3) approve the
Corporation Yard Various Vendors and Qualified Service Providers
List attached to the accompanying staff report.
L. REQUE$T FOR AUTHORIZATION to Streamline the Use of Vendors for the
Public Works Department by Granting Exception to Bidding Requirements
and Approving the Landscape Services Division Various Vendors and
Qualified Service Providers List for Fiscal Year 2013-2014.
Rec: By Minute Motion: 1) Grant an exception to the bidding requirements,
as provided for by Palm Desert Municipal Code Section 3.32.090, for
FY 2013-2014; 2) approve the Landscape Services Division Various
Vendors and Qualified Service Providers List attached to the
accompanying staff report.
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M. REQUEST FOR APPROVAL of the Use of Specified Vendors to Provide
Equipment Rental Services for Fiscal Year 2013-2014.
Rec: By Minute Motion, approve the use of Elms Equipment Rental, Inc.,
Indio, California; Clairemont Equipment Rental, Indio, California;
Hertz Rental, Indio, California; and United Rentals, Cathedral City,
California, to provide equipment rental services FY 2013-2014—funds
are available in General Fund Account No. 110-4310-433-3430 -
Construction Equipment Rental.
N. AEQUE$T FOR AWARD OF BID for the Purchase of Irrigation Supplies on
an As -needed Basis to John Deere Landscapes in an Amount Not to Exceed
$25,000 (Project No. 911-13).
Rec: By Minute Motion, award the Purchase of Irrigation Supplies on an
as -needed basis to John Deere Landscapes, Palm Desert, California,
in an amount not to exceed $25,000 — funds are available in General
Fund Account Nos. 110-4610-453-3320 - R/M Landscape Services,
110-4611-453-3320 - R/M Landscape Services, and
110-4614-453-3370 - R/M Medians.
O. REQUEST FOR ACCEPTANCE OF WORT( for Contract No. C32490 — 2013 �..�
Curb Ramp Modification Project (Project No. 753-13) (Westcon Construction
Group, Inc., Indio, 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.
P. REQUEST FOR ACCEPTANCE QF WORK for Contract No. C32500 — 2013
Slurry Seal Project (Project No. 751-13) (American Asphalt South, Inc.,
Fontana, 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.
Q. REQUEST FQR ACCEPTANCE OF WORK for Contract No. C32550 —
Magnesia Falls Drive Left-tum Pocket at the Palm Desert Aquatic Center
(Project No. 622-13) (AToM Engineering Construction, Inc., Hemet, 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.
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R. CONSIDERATION of Legislative Review Committee's Recommendation of
Support for AB 1095 (Nestande) — Junk Dealers and Recyclers.
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve sending letters of support for
AB 1095 (Nestande).
Upon a motion by Tanner, second by Weber, and 5-0 vote of the City Council, the
Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
A. RESOLUTION NO. 2013 - 30 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING
RESOLUTION NO. 88-107 AND ESTABLISHING CONTINUED
PARTICIPATION WITH NATIONWIDE INVESTMENT SERVICES IN THE
CITY OF PALM DESERTS DEFERRED COMPENSATION PROGRAM.
Responding to question, Mr. Gibson confirmed employees have the option
of changing from Nationwide Investment Services to International City
Managers Association (ICMA).
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2013 - 30. Motion was seconded by Benson and carried by a 5-0 vote.
B. RESOLUTION NO. 2013 - 31 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE
REDESIGNATION OF RIVERSIDE COUNTY AS A RECYCLING MARKET
DEVELOPMENT ZONE DUE TO AN INCREASE IN BOUNDARIES AND
ADOPTION OF INITIAL STUDY AND NEGATIVE DECLARATION.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2013 - 31. Motion was seconded by Benson and carried by a 5-0 vote.
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C. RESOLUTION NO. 2013 - 32 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE
LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT
NO. 91-1 (INDIAN RIDGE) FOR FISCAL YEAR 2013-2014.
Councilman Tanner moved to waive further reading and adopt Resolution
No. 2013 - 32. Motion was seconded by Benson.
Councilman Spiegel asked if the tax was the same as last year.
Mr. Gibson said there was no tax increase other than the yearly principal and
interest payments due, which changed year to year. He said this was a
yearly City Council action.
Mayor Hamik thanked him for the explanation, because there were
comments about what this was all about, which is an ongoing Community
Facilities District.
Mr. Gibson explained the City used to uniformly approve this without any
action, but State law changed, which requires the Council to approve it
yearly.
Mayor Hamik called for the vote and the motion carried by a 5-0 vote.
D. RESOLUTION NQ. 2013 - 33 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE
LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2013-2014.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2013 - 33. Motion was seconded by Tanner and carried by a 5-0 vote.
E. RESOLUTION NO. 2013 - 34 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS
PUBLIC UTILITY EASEMENT AND THE EMERGENCY VEHICULAR
ACCESS EASEMENT OVER A PORTION OF LOT "A," SUMMIT COVE,
TRACT NO. 28575-3, IN CANYONS AT BIGHORN, UNDER PROVISIONS
OF DIVISION 9, PART 3, CHAPTER 4 OF THE CALIFORNIA STREETS
AND HIGHWAYS CODE.
Councilman Tanner noted this request was approved by the Planning
Commission; therefore, he would move to approve.
Councilman Tanner moved to waive further reading and adopt Resolution
No. 2013 - 34.
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Mr. Greenwood explained this was an unused public utility and emergency
vehicle access easement within Bighom; it was established with the original
map. The Fire Department and the public utilities have all indicated they will
never need this easement; therefore it can be vacated.
Councilman Spiegel seconded the motion, and it carried by a 5-0 vote.
F. RESOLUTION NO. 2013 - 35 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING
RESOLUTION NO. 2013-17 THAT SET A PUBLIC HEARING TO
CONSIDER A PROPOSED STREET NAME CHANGE FOR
COSMOPOLITAN LANE (Knightswood Ventures LLC, Applicant).
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2013 - 35. Motion was seconded by Tanner and carried by a 5-0 vote.
XIII. ORDINANCES
A. For Introduction:
None
B. For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF THE USE OF SPECIFIC AUTOMOTIVE
FACILITIES FOR SUPPLEMENTAL GENERAL FLEET REPAIRS FROM
PALMS TO PINES AUTOMOTIVE, L & L AUTOMOTIVE, INC., AND
OZZIE'S AUTOMOTIVE, INC., FOR FISCAL YEAR 2013-2014 IN AN
AMOUNT NOT TO EXCEED $150,000.
Councilman Spiegel pointed out that all the vendors are local.
Councilman Spiegel moved to, by Minute Motion, approve the use of specific
automotive facilities for supplemental general fleet repairs from Palms to Pines Automotive,
L & L Automotive, Inc., and Ozzie's Automotive, Inc., all of Palm Desert, Califomia, for FY
2013-2014 in an amount not to exceed $150,000 — funds are available in General Fund
Account No.110-4331-413-3340 - R/M Fleet. Motion was seconded by Weber and carried
by a 5-0 vote.
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B. REQUEST FOR APPROVAL OF THE PURCHASE OF GAS AND DIESEL
FUEL FOR THE CITY'S FLEET AND EQUIPMENT, AND FOR DESERT
WILLOW'S MAINTENANCE VEHICLES AND EQUIPMENT FROM KENNY
STRICKLAND, THE SOCO GROUP, INC., AND BECK OIL, INC., FOR
FISCAL YEAR 2013-2014 IN AN AMOUNT NOT TO EXCEED $245,000.
Responding to question, Mr. Greenwood said staff received quotes from
various fuel vendors and they all provided similar prices; therefore, staff will
rotate quarterly among the three vendors throughout the year.
Councilman Tanner moved to, by Minute Motion, approve the purchase of gas and
diesel fuel from Kenny Strickland, Coachella, California; The SoCo Group, Inc., Carlsbad,
Califomia; and Beck Oil, Inc., Victorville, California; for FY 2013-2014 for 1) City's fleet and
equipment in an amount not to exceed $145,000; 2) Desert Willow Maintenance Facility
in an amount not to exceed $100,000 — funds are available in General Fund Account
No. 110-4331-413-2170 - Auto Fleet -Supply Automotive Gas, and Account
No. 520-4195-495-8031 - Desert Willow Maintenance Facility. Motion was seconded by
Spiegel and carried by a 5-0 vote.
C. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS,
AND APPROVE THE PURCHASE OF EQUIPMENT AT A COST NOT TO
EXCEED $89,272 FOR THE 2013 CITYWIDE TRAFFIC SIGNAL
MAINTENANCE PROJECT (PROJECT NO. 580-13).
Councilman Tanner asked if the City was going back to the same vendor it
originally purchased the equipment, since this was for replacement or repair.
Mr. Greenwood responded the equipment controller had to match, so the
controllers themselves came from one provider. However, the signal wire
can be purchased from various contractors. Further responding, he
confirmed there wasn't a vendor in the Coachella Valley that provided this
service.
Councilman Tanner moved to, by Minute Motion, authorize: 1) City Clerk to
advertise and call for bids for the 2013 Citywide Traffic Signal Maintenance Project
(Contract No. C32870A, Project No. 580-13); 2) staff to purchase the necessary traffic
signal cabinet assemblies from Econolite Traffic Control Products, Inc., Anaheim,
California, at a cost not to exceed $89,272 (Contract No. C32870B) — funds are available
in Traffic Signal Maintenance Account No. 234-4250-422-4001 - no General Fund money
is being used for this expenditure.
Mayor Hamik asked if the loop detector was the piece in the pavement that
is rolled over to trigger the signal Tight. Mr. Greenwood answered yes.
Mayor Pro Tem Benson seconded the motion, and it carried by a 5-0 vote.
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D. REQUEST FOR AUTHORIZATION TO PURCHASE GREENS FERTILIZER
PRODUCTS FROM SOUTHWEST TURF SUPPORT, LLC, IN AN AMOUNT
NOT TO EXCEED $108,000 FOR DESERT WILLOW GOLF RESORT —
FISCAL YEAR 2013-2014 (CONTRACT NO. C32880, PROJECT
NO. 840-14).
Responding to question, Mr. Greenwood confirmed the amount was the
same as last year.
Councilman Spiegel moved to, by Minute Motion, authorize: 1) Desert Willow Golf
Resort to purchase Greens Fertilizer Products for its operations from Southwest Turf
Support, LLC, Phoenix, Arizona, FY 2013-2014, in an amount not to exceed $108,000; 2)
City Manager to execute said contract — contingent upon approval of the City's Annual
2013-2014 Budget, funds will be available in Course and Grounds Expenses Account
No. 520-4195-495-8031. Motion was seconded by Tanner and carried by a 5-0 vote.
E. REQUEST FOR AUTHORIZATION TO PURCHASE GOLF COURSE
IRRIGATION SUPPLIES FROM HIGH TECH IRRIGATION, INC., IN AN
AMOUNT NOT TO EXCEED $75,000 FOR THE DESERT WILLOW GOLF
RESORT— FISCAL YEAR 2013-2014 (CONTRACT NO. C32890, PROJECT
NO. 841-14).
Councilman Tanner asked if there was an increase in cost for replacement
of the irrigation system compared to last year.
Mr. Greenwood answered no; however, this contract was just for
replacement parts to keep the system running.
Councilman Tanner moved to, by Minute Motion, authorize: 1) Purchase of Golf
Course Irrigation Supplies from High Tech Irrigation, Inc., Indio, Califomia, FY 2013-2014,
in an amount not to exceed $75,000; 2) City Manager to execute said contract contingent
upon approval of the City's Annual 2013-2014 Budget, funds will be available in Course
and Grounds Expenses Account No. 520-4195-495-8031. Motion was seconded by Weber
and carried by a 5-0 vote.
F. CONSIPERATIQN. OF THE APPROVAL OF OUTSIDE AGENCY FUNDING
(CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2013-2014.
Councilman Spiegel asked if there was a request from Lincoln Elementary
or Ronald Reagan Elementary.
Mr. Gibson responded there was no application submitted, and staff called
the principals of the schools to inquire. One principal indicated there was no
need, and he couldn't recall the reason given at the other school.
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Councilman Spiegel asked about the amount allocated to Shelter from the
Storm last year.
Mayor Hamik said it was $40,000.
Councilman Spiegel stated the Committee was proposing $19,500, which
was a cut of more than 50%.
Mr. Gibson explained there were more requests this year and fewer funds to
work with.
Councilman Spiegel said he understood, but Shelter from the Storm was the
City's baby, because transitional housing and their counseling center was in
Palm Desert. He said it was a mistake to make such a cut, which is why he
would be voting against.
Mayor Pro Tem Benson stated the Committee reviewed all requests and
believed funds were distributed fairly, considering the City used to have $4-
to $500,000 to work with, and it now only has $190,000. She said everyone
had to feel the pinch; therefore, she felt the Committee did a good job.
Mayor Hamik concurred, stating it was a difficult process because there was
Tess money and more requests.
Mayor Pro Tem Benson moved to, by Minute Motion: 1) Approve award of charitable
contributions in the total amount of $190,000 to the agencies listed in the accompanying
staff report, with associated restrictions and conditions; 2) authorize the Mayor to execute
the respective agreements with said agencies for awarded funding. Motion was seconded
by Tanner and carried by a 4-1 vote, with Spiegel voting NO.
G. CONSIDERATION OF REQUEST FOR FINANCIAL ASSISTANCE FOR
THE JW MARRIOTT DESERT SPRINGS PALM DESERT TO HOST THE
ROBBINS RESEARCH INTERNATIONAL PROGRAM CONFERENCE IN
DECEMBER 2013.
Mayor Hamik stated she would recused herself from this item and left the
Council Chamber.
Mr. Wohlmuth noted the staff report and stated the Marriott had the Tony
Robbins Research International Program Conference there last year, but the
group has moved to Florida even though they had a contract. Unfortunately,
Tony Robbins' contract with the Marriott Desert Springs has a six-month
clause where they can back out, so they chose to go to Fort Lauderdale
instead of Palm Desert. When the City was contacted by the Marriott, staff
researched what 5,100 room nights meant in terms of Transient Occupancy
Tax (TOT), because the Marriott requested up to $60,000 from the City to
NO
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
assist in the flight for the Tony Robbins group from Florida to Palm Springs
and return. The total TOT attributed to the Tony Robbins' Convention is
approximately $82,000. According to the General Manager, the Marriott
would not be able to find a replacement for December 2013, because as one
might image, booking these conventions are out in years not months. He
said December happens to be a relatively slow month, almost
counterintuitive to what people in the desert think, that it's a good month.
Unfortunately, convention and travelers would travel early in the month, but
as the holidays approach, people stick closer to home. Staff perceives this
as an investment of $20,000 to get upwards of $82,000. Obviously, if the
convention is not held, not all the rooms would be vacant, but it will only be
drive-in business on weekends. He offered to answer any questions.
Councilman Spiegel pointed out the event would not only generate TOT, but
those attending the conference will spend money by eating at restaurants
and shopping on El Paseo, which the City receives sales tax. He said
money generated will be more than $82,000.
Mr. Wohlmuth agreed, but all that can be measured is the T.O.T.
Mayor Pro Tem Benson stated one couldn't count hotel meals, because it
may be part of their convention package.
Councilman Spiegel responded the City received sales tax on those meals.
Councilmember Weber questioned why the Marriott would provide a
six-month cancellation notice clause, when they know they need more than
a year to get a replacement.
Mr. Wohlmuth said he didn't know, nor was he part of the negotiations with
the Marriott.
Councilmember Weber stated that if this request was for 2013, there was no
guarantee that Tony Robbins would be back in 2014, and there was no
guarantee that Marriott will do the same thing with another six-month notice.
Mr. Wohlmuth said this request is only for December 2013.
Councilmember Weber asked if the contract between Tony Robbins and the
Marriott was already signed, or are they waiting to hear from the City.
Mr. Wohlmuth stated he was told by the General Manager that Marriott was
willing to work hard to get Tony Robbins to Palm Desert, but he was looking
for support to have something to take to his bosses. He is confident the
Marriott will try to get Tony Robbins back, but unsure if they can get him back
with their own money or need assistance from the City.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
Councilman Spiegel stated the Marriott will have an opportunity to look for
a replacement for 2014, but not for this year.
Mr. Wohlmuth stated the Marriott has an opportunity to look this year, but the
probability of booking an event for this year was low.
Councilman Spiegel pointed out the Marriott Corporation, without the help of
the City, jyst inserted $50 million into renewing the hotel, and it's the City's
biggest money source. He said approval of the request would be to the
advantage of the City and Marriott.
Councilman Spiegel moved to, by Minute Motion: 1) Approve an agreement with the
JW Marriott Desert Springs Palm Desert to assist with travel expenses for Mr. Tony
Robbins and associates to and from Orlando, Florida, and Palm Desert, California, in the
amount of $20,000 (one-third of the $60,000 expense) (Contract No. C32900);
2) appropriate $20,000 from Unobligated General Fund Reserves to the Outside Agency
Contributions Account, No. 110-4800-454-3880 for the FY 2013-2014 Budget. Motion died
for lack of a second.
Councilman Tanner stated he had a couple of issues with setting a
precedence. He agreed that presumably the City would receive TOT tax, but ne
the projected revenues would not be part of the 2013/2014 budget.
Mr. Wohlmuth stated staff estimated TOT citywide, and the Marriott is
questioned prior to developing its budget as to what their trend is for both the
Average Daily Room Rate and Occupancy Rate to develop the City's budget.
If this convention doesn't happen, the City may not meet the budget, which
was speculation on his part. In fact, based on the report given to the Council
for the month of April, TOT was up, but convention was down 1.4%. The
overall total was up because of the drive market and Coachella Fest.
Further responding, he said the accrual of the TOT for this convention would
happen for this 2013/2014 fiscal year.
Councilman Tanner asked if the Marriott was getting any money from the
Convention and Visitors Bureau (CVB).
Mr. Wohlmuth stated CVB daily participates with the Marriott from co-ops to
other things. He asked the General Manager to contact CVB, given they
have the Business Improvement District, which would also benefit. However,
the Council may recall, there was a City Planner Group where CVB did
participate, but he didn't believe they were participating in this Tony Robbins
Convention.
Councilman Tanner stated he wanted the best for Palm Desert, but for the
Tony Robbins group to book 5,100 room nights and ask for $60,000 for a
private jet to bring his entourage to the Marriott, when they are both for profit,
One
moil
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
was difficult for him to vote in favor for any part of it. He said he wants the
best for Palm Desert and understood the City would benefit from the TOT
tax, but he didn't want to start a precedence.
Mayor Pro Tem Benson agreed, stating many businesses in town have
stayed in Palm Desert struggling through this recession, barely keeping their
doors open. She said it was an insult for the Marriott to have the gull to ask
the City for $20,000, because they are not a welfare organization if they can
spend $50 million refurbishing the hotel to their advantage. She agreed it
helped the City's TOT and it was appreciated, but for the City to get involved
in private business to keep a group happy by giving them $20,000, didn't
make her happy. She said the Marriott can figure out a way to make if
feasible for this group to stay by cutting their room rates, because the
Robbins' group has already indicated they are going away for 2014. She
said finding a replacement for the Tony Robbins Convention was nebulous,
because of how the hotel business worked.
Councilman Tanner moved to deny the request. Motion was seconded by Benson
and carried by a 3-1 vote, with Spiegel voting NO, and Hamik ABSENT.
H. REQUE$T FOR APPROVAL OF MARKETING PLAN AND RELATED
DIGITAL AND PRINT MEDIA PLANS FOR FISCAL YEAR 2013-2014.
Tourism & Marketing Manager Donna Gomez stated this request is for
approval of the City's Marketing Plan and related digital and traditional media
plans for fiscal year 2013/2014. The purpose of the Marketing plan is to
provide direction to advertise and promote Palm Desert as a tourism
destination. The key strategy this year is to have a balanced program that
will include digital advertising, on-line marketing, print advertising, and radio
advertising. Additionally, looking at proven markets that have shown to be
successful, like those markets that have direct flights into the Palm Springs
Airport, and proven demographic markets as well. She said staff has
identified certain people, whether its age related or income related that have
a tendency to visit Palm Desert. Therefore, staff will continue to target that
market and participate in partnerships. A strong strategy this year will be to
continue to work with local agencies on cooperative advertising. The City
has done cooperative advertising with JW Marriott in the past, and it will look
at doing the same with Desert Willow, El Paseo, Palm Springs Art Museum -
Palm Desert, The Living Desert, McCallum Theater, and continue to partner
with the Convention and Visitors Bureau. Staff will also continue to support
strong marketing tools and materials, anything from the City's website to
social media efforts. Some of the successes of this year's program are that
it achieved 92% of the goals outlined in the 2012/2013 Marketing Plan;
basically 46 of the 50 goals were accomplished. This year staff implemented
new co-op marketing programs with The Living Desert, Palm Springs Art
Museum -Palm Desert, and continued partners from the past are El Paseo
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and JW Marriott. This year the Marketing Website was updated to be
responsive to all mobile devices, i.e., smart phone, ipad, laptop, or home
computers; it adapts to whatever device one is using, which makes it more
functional and usable. The Website is also more interactive as it provides
the opportunity to book golf at Desert Willow or make a reservation at a
restaurant by clicking a tab that dials directly to the facility/restaurant. She
said the program has a strong social media plan that has grown
substantially, stating the "Likes' on Facebook grew 106% since last July 1;
therefore, there is great activity and Palm Desert's exposure continues to
grow. One of the goals was to outreach more to local businesses, so in the
last few months, Visitor Center staff walked and visited every single
business on El Paseo Street, which was a great opportunity to introduce
themselves and the services of the Visitor Center. In conclusion, she hoped
the Council will support the Marketing and related media plans.
Mayor Hamik noted she and Councilman Spiegel sit on the Marketing
Committee, and they have observed the Committee work hard, paying
attention to the click -through -rates and responding to every piece of
information, which has been amazing to watch. She thanked the Committee
for all their work and it was nice to see the fruits of their labor.
Councilman Tanner moved to, by Minute Motion, concur with the recommendation
of the Marketing Committee and approve: 1) Marketing Plan for FY 2013-2014; 2) Digital
and Print Media Plans for FY 2013-2014. Motion was seconded by Weber and carried by
a 5-0 vote.
I. REQUEST FOR AWARD OF CQNTRACT TO JNS ADVERTISING FOR
MEDIA -BUYING SERVICES IN AN AMOUNT NOT TO EXCEED $250,000
FOR FISCAL YEAR 2013-2014 (CONTRACT NO. C31971).
Responding to question, Tourism and Marketing Manager Donna Gomez
confirmed this contract was part of the Marketing Plan and related Digital and
Print Media Plans for Fiscal Year 2013/2014.
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to
JNS Media Specialists, La Quinta, Califomia, in an amount not to exceed $250,000 for
media -buying and related services, FY 2013-2014; 2) authorize the City Manager to
execute said agreement on behalf of the City — funds are included in the FY 2013-2014
Marketing Budget, Account No. 110-4417-414-3221 - Advertising/Media Buys. Motion was
seconded by Weber and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
J. REQUEST FOR AWARD OF CONTRACT TO OFF MADISON AVE FOR
DIGITAL MARKETING AND PUBLIC RELATIONS SERVICES FOR FISCAL
YEAR 2013-2014 (CONTRACT NO. C32021).
Responding to question, Tourism and Marketing Manager Donna Gomez
confirmed this contract was part of the Marketing Plan and related Digital and
Print Media Plans for Fiscal Year 2013/2014.
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to
Off Madison Ave (OMA), Phoenix, Arizona; 2) authorize the Mayor to execute the
agreement on behalf of the City; 3) authorize the expenditure of an amount not to exceed
$200,000 for digital media buying and production services; 4) authorize the expenditure
of an amount not to exceed $87,000 for account management — funds are available in
Account Nos. 110-4417-414-3090 (Monthly Retainer), 110-4417-414-3221 (Media Buys),
and 110-4417-414-3219 (Advertising Production). Motion was seconded by Tanner and
carried by a 5-0 vote.
K. REQUEST FOR APPROVAL OF CONTRACT WITH BLUE MOON
ADVERTISING IN AN AMOUNT NOT TO EXCEED $114,000 FOR
MARKETING AND DESIGN SERVICES AT DESERT WILLOW GOLF
RESORT FOR A 24-MONTH PERIOD (CONTRACT NO. C31391).
Tourism & Marketing Manager Donna Gomez pointed out that Desert Willow
has been working with Blue Moon Advertising with great success.
Councilman Spiegel moved to, by Minute Motion: 1) Approve a 24-month contract
with Blue Moon Advertising, Inc., in an amount not to exceed $114,000 for Marketing and
Design Services for Desert Willow Golf Resort; 2) authorize the City Manager to execute
said contract — funds have been allocated in the Desert Willow FY 2013-2014 Operating
Budget, Fund 520, for the first fiscal year of the contract; 3) approve subsequent 12-month
funding subject to FY 2014-2015 Budget approval. Motion was seconded by Tanner and
carried by a 5-0 vote. Motion was seconded by Tanner and carried by a 5-0 vote.
L. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT WITH
FG CREATIVE, INC., IN THE AMOUNT OF $242,500 FOR ADVERTISING
SERVICES AND EXPENDITURES FOR THE EL PASEO BUSINESS
IMPROVEMENT DISTRICT, FISCAL YEAR 2013-2014 (CONTRACT
NO. C31981).
Responding to question, Economic Development Manager Ruth Ann Moore
confirmed this contract was paid for by the El Paseo Business Improvement
District (EPBID).
Councilman Spiegel moved to, by Minute Motion: 1) Approve Amendment to the
subject contract with FG Creative, Inc., Palm Desert, California, in the amount of $242,500
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($45,000 in Agency Services, $197,500 in Advertising and Promotional Expenditures);
2) authorize the Mayor to execute said Amendment — funds have been included in the
proposed Financial Plan for FY 2013-2014, Other Advertising, Account
No. 271-4491-464-3215 (this expenditure is not part of the General Fund). Motion was
seconded by Tanner and carried by a 5-0 vote.
Ms. Moore pointed out EPBID is contributing with a co-op advertising
program with Expedia and other areas, and they also contribute to the
Courtesy Cart Program.
M. REQUEST FOR APPROVAL OF A FUNDING COMMITMENT OF $50,000
TO THE COACHELLA VALLEY ECONOMIC PARTNERSHIP'S 2013-2014
FISCAL BUDGET.
Economic Development Manager Ruth Ann Moore introduced West Ahlgren
from Coachella Valley Economic Partnership (CVEP) for a brief presentation
and to answer Council questions.
MR. WEST AHLGREN, Chief Operating Officer for CVEP, stated that just
this week they negotiated to move the Regional Economic Summit to the JW
Marriott; however, it won't be 5,100 room nights. In response to a question
from the Council about CVEP's three top strategies, the Blueprint calls out
four goal areas: Regionalism, Economic Diversification, Workforce
Excellence, and Quality of Place. However, more specifically jobs, under
their Workforce Model, which includes the Career Academy K-12,
Scholarship Program, FASFA, and efforts seen in innovation in the entire
region. Specifically, to Palm Desert, in terms of return on investment, they
have $1.6 million in loans to Palm Desert businesses; 84 jobs were
recreated/retained; 222 Counseling hours; Change in Sales was $4.5 million,
which was reported from the businesses they assist. It wasn't necessarily
taxable sales, it was either sales or services. Finally, scholarships for 2012
were $95,000, and it appears this year will be about the same. To date, it's
been about $500,000 in scholarship over the last four years. The best thing
he can say about making the investment is that they leveraged the public
investment across the valley to bring money from out of the area, which was
a 5:1 ratio. Therefore, for every dollar invested, CVEP brings $5 from
outside the area to the region. Their top investors from out of the area are:
College Access Foundation, James Irvine Foundation, Ford Motor
Foundation, Desert Regional Medical Center, Wells Fargo, etc. He said
these folks specifically invest in CVEP's workforce program in the Coachella
Valley, and Palm Desert is a beneficiary. He said CVEP has more than 100
investors, but the one's mentioned stepped up and wrote a big check. In
terms of numbers, they have private investments on business development,
which is what everyone considers CVEP. CVEP's investments are as
follows: Private Investment is $550,000; Workforce Excellence -Private
Investment is $438,000; Public Investment across the Valley is about
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
$500,000; Foundation is $946,000; and the SBDC is $130,000. He said
these numbers did not include the $1 million scholarships or the 22 local
matching partners. He displayed a pie chart that illustrated CVEP's
investments, pointing out that public investment was 19% of the total budget,
meaning the private community really stepped up over the last couple of
years since rolling out the Blueprint that Palm Desert is a part of. In terms
of value for the investment dollar, they took the number of total jobs created,
which did not include indirect jobs, and divided it by the budget, and came
up with a number. He said it costs $1,200 per job for the region, and
compared to other programs like Hub Zone, etc., this was good value for the
dollar.
Councilman Spiegel said staff provided the Council with the amount
neighboring cities paid last year, and asked if the same commitments were
made this year.
MR. AHLGREN said yes, with the exception of Indian Wells, who has not
approved their final budget.
Councilman Spiegel stated he would move to approve, assuming the funds
were in the budget.
Councilman Spiegel moved to, by Minute Motion, approve a funding commitment
of $50,000 to the Coachella Valley Economic Partnership's (CVEP) 2013-2014 Fiscal
Budget — funds have been included in the proposed Financial Plan for FY 2013-2014 in
Economic Development Dues, Account No. 110-4430-422-3630.
Mr. Wohlmuth replied $50,000 was placed in the 2013/2014 Budget.
In response to Councilmember Weber's request, Ms. Moore agreed to email
a copy of Mr. Ahlgren's Power Point presentation, stating staff received
Council's questions after the agenda was posted, so staff had Mr. Ahlgren
put together today's presentation for the Council.
Mayor Hamik stated CVEP has come a long way, and it's nice to see that the
public dollar percentage is less and the private dollar is greater. Additionally,
CVEP has shown tremendous support for the K-12 education system and
the higher leaming institutions as well. She said education was the City's
greatest economic development tool. In fact, those at the Chamber of
Commerce breakfast last Tuesday had the opportunity to hear CEO of
Riverside County Jay Orr and County Supervisor John Benoit talk about
working on education and supporting these sorts of things or else the
community will have trouble in the future.
Councilman Tanner stated he had the opportunity to spend time at CVEP
where Mr. Ahlgren provided him with a tour of the new building in Palm
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Springs. What impressed him most, and he wasn't aware, is that CVEP has
an Entrepreneur Program, which meant they are invested in the Coachella
Valley and Palm Desert is a recipient of these entrepreneurs.
Councilman Tanner seconded the motion, and it carried by a 5-0 vote.
N. REQUEST FOR APPROVAL OF ONE-YEAR EXTENSION TO CONTRACT
WITH FAMILY YMCA OF THE DESERT FOR MANAGEMENT AND
OPERATIONS SERVICES AT THE PALM DESERT AQUATIC CENTER -
FISCAL YEAR 2013-2014 (CONTRACT NO. C29402B).
Senior Management Analyst Ryan Stendell noted the staff report and offered
to answer any questions.
Councilman Spiegel said he couldn't think of anyone better to manage the
operations of the Aquatic Center.
Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject one-year
contract extension with Family YMCA of the Desert for Management and Operations
Services at the Palm Desert Aquatic Center, 2) authorize the Mayor to execute the Second
Amendment to said contract — funds are available in Fund 242 Accounts and have been
included in the proposed FY 2013-2014 Operating Budget. Motion was seconded by
Benson.
Mayor Pro Tem Benson stated she's had more people stop to thank her for
the Aquatic Center than anything else built in the City. She said Palm Desert
waited a very long time to get it and its been well received. She said it was
one of Palm Deserts crowning glories.
Mayor Hamik called for the vote, and the motion carried by a 5-0 vote.
O. AEQUEST FOR AWARD OF CONTRACT TO SIERRA PACIFIC, INC., IN
THE AMOUNT OF $111,755 FOR SOLAR -POWERED VEHICLE SPEED
FEEDBACK ASSEMBLIES (CONTRACT NO. C32700, PROJECT
NO. 595-13).
Mr. Greenwood stated this project was to install 15 Solar -Powered Vehicle
Speed Feedback signs in the school zones. He said each school will receive
two of these signs, one in each direction approaching the school. The sign
will report back to the driver how fast ifs going versus what the posted speed
limit is. Responding to question, he hoped to have them installed by the end
of summer prior to school starting.
Councilman Spiegelmoved to, by Minute Motion: 1) Award the subject contract for
Installation of Vehicle Speed Feedback Sign Assemblies to Sierra Pacific Electrical
Contracting, Riverside, Califomia, in the amount of $111,755; 2) authorize the Director of
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Finance to set aside a 10% contingency for the contract in the amount of $11,175.50;
3) authorize the Mayor to execute said contract — funding is available in Traffic Signal
Funds Account No. 234-4250-422-4001 - no General Fund money being used for this
expenditure. Motion was seconded by Benson and carried by a 5-0 vote.
P. REQUEST FOR AWARD OF CONTRACT TO DESERT LIMNOLOGISTS
INC, D.B.A. SOUTHWEST AQUATICS, IN THE AMOUNT OF $55,192 FOR
A TWO-YEAR PERIOD FOR THE LAGOON AND WATER FEATURES
MAINTENANCE SERVICES (CONTRACT NO. C32730).
Councilman Spiegel questioned if this was the amount needed to get rid of
the ducks.
Mr. Greenwood responded this contract wasn't to get rid of ducks, it was to
manage the water in the lagoon. Further responding, he confirmed it was
the same company that has maintained the ponds in the past, stating they
did good work, and they are a local vendor.
Councilman Tanner moved to, by Minute Motion, award the subject contract for
Lagoon and Water Features Maintenance Services to Desert Limnologists Inc, d.b.a.
Southwest Aquatics, Palm Desert, Califomia, in the amount of $55,192 for a two-year
contract — funds are available in General Fund Account Nos. 110-4614-453-3325 -
Repair/Maintenance Medians and 110-4610-453-3320 - Repair/Maintenance Landscape
Services.
Responding to question about the location of the ponds at the Eric Johnson
Gardens, Mr. Greenwood said there are several fountains and a water
feature near Cuistot Restaurant.
Motion was seconded by Benson and carried by a 5-0 vote.
Q. REQUEST FOR APPROVAL OF A GRANT DEED, AUTHORIZING THE
TRANSFER OF 11.5 ACRES KNOWN AS A.P.N. 694-160-003 / PARCEL B
FROM THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY TO THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA, RIVERSIDE, PURSUANT TO EXISTING DISPOSITION
AND DEVELOPMENT AGREEMENT AND OPTION AGREEMENT (JOINT
CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY).
Mr. Alvarez stated this item was a culmination of the last step to transfer 11.5
acres to University of Califomia, Riverside (UCR) to facilitate the School of
Medicine (SOM) at the Cal State Campus, University site, which is off Frank
Sinatra Drive. Back in 2001/2002, the former Redevelopment Agency
entered into a Disposition and Development Agreement (DDA) and an
Option Agreement to facilitate the transfer of the 11.5 acres, when and if,
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
UCR met a certain criteria outlined in the agreements. Last year UCR
approached the City about moving forward with the transfer, and they
provided the documentation outlined in the DDA's to allow it to happen.
Given the fact that this parcel was former Redevelopment Agency property
and now held under Successor Agency assets, staff requested both the
Oversight Board and the Department of Finance (DOF) to approve moving
forward with the transfer. Both the Oversight Board and DOF have granted
their approval, because this was an existing contract prior to the dissolution
of RDA. The final step is to execute a grant deed, which has been prepared
in draft form for Council's review. He is currently working with City and
UCR's Legal Counsel to finalize the language on three primary points as
outlined in the staff report and grant deed. The three conditions being
worked on are as follows: First, the City's ability to review access points and
right-of-way issues once they start development of the future School of
Medicine. Second, City would have the ability to review the aesthetics of the
building, massing, location of heights, and architectural review from City
staff. Third, site would be prohibited from being transferred or sold to any
other entity for the period by which is identified in the DDA, which is a
25-year period. He said staff was seeking Council approval to move forward
with the Grant Deed that's being finalized with the assistance of City
Manager, City Attorney, and UCR's Legal Counsel. He said there was
representation from UCR to answer questions. Responding to question about
when construction of the first building will start, he said this action was the
last step that was necessary to finalize the transfer, and there is a full
process a head for UCR.
Councilman/Director Tanner asked if the Memorandum of Understanding
included the three conditions being worked on.
Mr. Alvarez responded both parties have agreed in concept to work within
the parameters of the three conditions as outlined in the staff report.
Mr. Erwin explained the exact language has not been totally worked out, but
the three conditions outlined in the staff report will have to be met
accordingly in order for the parcel to transfer. If for some unusual
circumstance the conditions cannot be met, staff will be back before the
Council.
Councilman/Director Tanner moved to, by Minute Motion: 1) Approve a Grant Deed
as to form, authorizing the conveyance of a portion of real property known as
APN 694-160-003 / Parcel B (11.5 acres) from the Successor Agency to the Palm Desert
Redevelopment Agency to the Regents of the University of California (UCR), pursuant to
existing Disposition and Development Agreement and Option Agreement; 2) authorize the
City Manager and City Attorney to finalize the Grant Deed and execute same after final
review by UCR.
01111110
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Councilman/Director Spiegel asked when UCR planned to start building.
MR. TIMOTHY D. RALSTON, Associate Vice Chancellor for Capital
Programs at UCR, responded they envision to start building in 2013/2014,
pending this approval and having the Grant Deed worked out. He said this
transfer needs to go before UCR's Regents to accept the land, and then
proceed with a Request for Qualifications (RFQ). Subsequently, get a
successful developer/partner, then UCR will go into a complete design, and
hopefully construction in 2013/2014; if not, it will go to 2014/2015.
Councilman/Director Spiegel asked if all the financial problems at the main
campus with the doctorate business affect this agreement.
MR. RALSTON responded UCR was not relying on State funding to assist
with this, it will go through a third -party development, which is what the RFQ
process will be for.
Mayor/Chair Hamik stated the sooner it happens the happier everyone will
be, and the school will be a tremendous asset to Palm Desert and the entire
Coachella Valley.
Councilman/Director Spiegel seconded the motion, and it carried by a 5-0 vote.
R. REQUEST FOR DIRECTION CONCERNING A REQUEST FROM DESERT
SANDS UNIFIED SCHOOL DISTRICT FOR $30,000 TO CONTINUE
OPERATING THE PALM DESERT EARLY CHILDHOOD EDUCATION
PROGRAM (CONTRACT NO. R24030).
Risk Manager Stephen Y. Aryan stated that for the past eight years the City
has leased a facility at 44-911 Cabrillo Avenue to Desert Sands Unified
School District (DSUSD) for the facilitation of the preschool program. The
Coordinator of this site, known as the Palm Desert Early Childhood
Education Center, indicated the increase in operational costs requires them
to vacate the site and perhaps move to the east valley, unless the City can
provide $30,000 annually to fund these operational costs. He said staff and
representatives from the District were available to answer questions.
Councilman Spiegel asked if this was the only preschool program in the City.
Mr. Aryan replied there was another facility at One Quail Place, which is not
affected by this preschool.
Councilman Spiegel suggested having the children go to One Quail Place,
if they couldn't stay at their current location.
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REGULAR PALM DESERT CITY COUNCIL MEETING
JUNE 13, 2013
Mayor Pro Tem Benson stated One Quail Place was a small facility where
they have taken in children from the residents there; therefore, 32 more
children would be too much.
Mr. Aryan added the 32 children at the current location will probably go to a
location in Indio or La Quanta.
Mayor Pro Tem Benson stated she would like the City to contribute $30,000
for a year to give the District a chance to find out what it can do for next year.
She said these families really need this Center, and for 32 kids that mostly
get free lunch as well, shifting them to Indio or La Quinta would be a
hardship to the families. She said if the City was going to sell the building
and build a new one with Childcare Mitigation Funds, she would support it.
She said another year provides the City an opportunity to decide if it will sell
the facility, and it probably wouldn't sell right away. She said the City owed
it to these kids to ensure a good entrance into school and not shift them
around. She said there wasn't anything close to the facility unless the YMCA
could take them and work something out with the District. She was in favor
of granting the $30,000 until the City knew what it was going to do with the
building.
Councilman Tanner asked if the facility was as bad as claimed by Desert
Sands Unified School District. Because if it is, he agreed with Mayor Pro
Tem Benson that kids are the future and it was important to give them a
great start. However, the question was whether this site was stable enough,
clean enough, etc., because DSUSD didn't want to maintain it, but wants the
City to maintain it. Additionally, will it really cost $30,000 to maintain, or will
it cost more.
MS. DEBRA LOUKATOS, Early Childhood Education Coordinator for Desert
Sands Unified School District, Head Start and State Preschool Programs,
stated the location of the preschool is perfect. In fact, some of the parents
will share with the Council the importance and growth they have experienced
because of the preschool at its location. She said the preschool is
surrounded by apartment complexes, so it's easy access to a free preschool
program. At One Quail Place, there is a Full -day Head Start Program for
poverty families. However, the contingency on a full -day program, is the
family must be working at a poverty entry level position and/or going to
college, and must have a need. She said the PDECE site has the potential
for more than 32 children. The previous year they had 80 children, but State
and Federal budgets impacted their ECE Center. She noted staff and
parents were in the audience to show support for the program. She said
these are fiscally challenging times and DSUSD-Early Childhood Education
Programs have been met with great uncertainty, the most recent being the
5.27% cut to the Head Start budget due to sequestration in the amount of
$125,875 for the 2013-2014 Program Year; a total of $220,875 over the last
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
two years. She said the program was fighting to survive this economic
downturn until the State is truly balanced once again. The handout given to
the Council included pictures of the facility, noting that one photograph
showed walls that need to be reconstructed. She explained that 45 years
ago the War on Poverty brought to the American society Head Start and
State funded preschool programs. Today, state and federal govemments
are at a pinnacle point about the funding of them and facing decisions that
are gravely impacting K-12 education and city programs. Although this Palm
Desert ECE Program is but one within the local district, these children are
some of the most vulnerable in the community. The State's Preschool
Program's first priority is to serve the neediest child, which are children in
foster care or in the Child Protective Services (CPS) system. A family of four
cannot exceed an income of $23,550. Many of these children have
experienced loss of a parent, living in domestic violence or living with multiple
families for housing. They have single parents, parents in financial straights,
and foster parents and grandparents that are now raising their children's
children. Quality childcare is critical for these parents/caregivers to ensure
better educational and work opportunities, which is an economic benefit to
the community. The programs offered provide security and trust for these
children, allowing them to realize that schools are a place to not only leam,
but to be safe. As a nationally accredited center, the children at the Palm
Desert ECE Center receive high -quality education that directly correlates with
the standards established by the state and local school district. Thirty-two
years ago when she began teaching first grade, kindergarten was the
foundation to leaming. Today, it has a very different face, first grade
curriculum is now taught in kindergarten, and now preschool is the
foundation. Unfortunately, only a small percentage of children attend
preschool due to high cost and limited availability of spaces. Additionally,
children enter the program speaking another language other than English.
She said their teachers are trained to work with second language learners
implementing current research, by identifying children with behavioral and
learning issues to ensure children receive early intervention. Family literacy
is encouraged and supported in what they offer to families. The PDECE
Program provides families the resources and guidance to ensure the family
as a whole is able to manage the serious demands of living in poverty and
facing life crisis's. She said the ECE Center has proven itself to be worthy
of not only ensuring the children are ready to leam academically but have the
support systems in place to leam. However, it has been necessary for their
State Preschool Programs to fundraise for new materials or replacement of
items such as fumiture, and Head Start Programs to rely on local grants.
The proposed request is directly due to the economy and the dramatic cut
backs. She understood this was an unprecedented request made due to
their strong desire to be able to serve families that have depended on this
program in Palm Desert. She noted there is tremendous lobbying for the
Early Childhood Education within the State through advocates such as the
Riverside County Child Care Consortium, First 5, and legislators. She asked
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the Council for their support to be able to continue their work at the Palm
Desert ECE Center. She thanked the Council for their time and continued
support. (A complete copy of the prepared statement is on file and of record
in the City Clerks Office.)
Councilmember Weber asked about the site's potential for up to 80 children.
MS. LOUKATOS explained the prior year they had 80 children, and prior to
last year, they had an additional class. She said they have one room that
hasn't been used due to lack of funding, stating they tried to go to a
fee -based program, but families couldn't afford it. However, with the extra
space, they are able to provide childcare downstairs, while families receive
ESL training upstairs. She said parents could come in while their children are
in class and use the computers for the Rosetta Stone. When adult education
went away, because of the difficulties in funding, the Anderson Foundation
provided computers for the families to use and leam at their own paces.
One of the benefits of having that extra classroom is the ability to provide
childcare downstair, while providing families with workshops on health,
nutrition, fiscal literacy, and parenting.
Councilmember Weber asked if 30,000 would take care of the 32 children.
MS. LOUKATOS explained $30,000 would allow her to shift one of the state
preschools back out to Palm Desert, because 48 families can be
accommodated there. Therefore, she would have the current 32 children,
and the 48 moved from Adams Elementary School, and relocate one of the
Head Start Programs from deep in Indio over to Adams, because La Quinta
also needs services. She said there would be some shifting, but it will be
well worth it. She said it was their intention to keep all classrooms full every
minute of the day, because it's how they make a difference with these
children and families. Responding to question, she said she would keep the
current 32 children, and the 48, at the Palm Desert ECE and continue with
the 17 full -day children at One Quail Place.
Mayor Hamik stated the staff report indicated these are children in
attendance at Lincoln Elementary School, but what was being proposed is
the moving of children from elsewhere like La Quinta.
MS. LOUKATOS said the children will be from Lincoln families that will
attend Lincoln Elementary School. She explained that these kids will start
at the Palm Desert ECE Center and transition. Responding to question
about what she meant about moving kids from La Quinta, she said they
currently have a State Preschool at Adams, and in order to ensure a full
house in Palm Desert, she would bring those children over. She said that
school is in an elementary school, and she will make sure it will have children
as well, but it was just a matter of shuffling.
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MR. CARLOS CRUZ JR., stated he was a former student of the Palm Desert
Early Childhood Center, and next year he would be in fourth grade. He
shared that his favorite memories of school came from being in preschool,
recalling that his teacher was always happy to see him and knowing he was
leaming new things. It's where he made friends for the first time and teamed
about getting along. He said in preschool he teamed his colors, shapes,
numbers, and letters, manners, respect, and the skills important to be a.good
student. Since preschool, he has gone to Lincoln Elementary School as a
kindergarten, and because he was prepared, he was not scared but excited.
He said he was a member of the GATE Program and has received many
awards like Student of the Month more than once, and recognition in
subjects like English, Math, and Reading comprehension, and other
achievement awards. He said he felt lucky because of the great foundation
provided to him. Additionally, his family was happy that his younger brother
Jonathan will also have the chance to attend preschool, leam some skills,
and be ready to go to Lincoln Elementary as well. He told the Council he
wonders what would happen to other families with children just like him if the
preschool is not available. He thanked the Council for their time and
attention to this matter.
Councilman Spiegel asked Mr. Cruz if he was part of the Lincoln Elementary
After School Program.
Mr. Cruz answered no, stating he was a member of the GATE Program and
going to the fourth grade. Further responding, he said he was eight years
old.
Councilman Tanner commented he was a great representative of the
Preschool Program and of what people want to see in the community.
Mayor Hamik wished Mr. Cruz the best of luck in fourth grade.
MS. VICTORIAJIMENEZ, Early Childhood Education Teacher at the PDECE
Center, stated she was proud of former student Carlos Cruz and is blessed
to be a teacher at the ECE Center over the last few years. She was glad the
Council allowed for this critical issue to be brought to the table. She said the
preschool has been dedicated to the children, because it provides the
stepping stone necessary for them to enter kindergarten and go beyond in
their education. She said more than 460 families have gone through their
doors during their years in Palm Desert. The school is accredited through
the National Association for the Education of Young Children (NAEYC), a
program that strives to raise the quality of education for all children and
improve early childhood education by meeting national standards. She said
State budget cuts and national sequester has hit the local level, and the
preschool is in danger of closing its doors. She asked the Council to
consider providing the financial assistance in order to keep their doors opens
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
and continue their mission. As an educator and advocate for these children
and families, she has seen the development of their social skills, which has
provided a strong foundation to meet their next challenging steps in their
education. She said today was truly a cry for help, because PDECE
Preschool's survival was at stake. On behalf of staff, parents and children,
she asked the City Council to help them with this crisis. Responding to
question about English as a Second Language, she said for many of the
families they teach ESL along with the children. She said they break down
the communication and language development so that when they enter
kindergarten they are English speaking. She said teaching ESL was equally
good for families, because children encouraged their parents to further their
education.
MS. KARINA DOMINGUEZ, Magnesia Falls Drive, Palm Desert, stated she
was a proud parent of a student in the Palm Desert Head Start Program,
stating that when looking back on everything this program has made
possible, she finds it hard to understand why it struggles to stay available to
families. Because of Head Start, her child is prepared for kindergarten.
Having her son in a classroom with other children his age made it possible
for him to leam to socialize and be part of a group. When her child first
entered the Head Start Program, he only spoke Spanish, which is their native
language. Now, that he speaks English, it encouraged her to return to school
and leam English as a second language as well. She sees the value in
being able to speak English with her child, because it makes her a better role
model as she interacts with his teachers to help him with his homework.
Head Start provided her son the experiences he might not have had
otherwise, like following a classroom routine, rules, school procedures,
listening and attentive skills, participation and being involved. She said it
was amazing what the Program does for a child. For the parent, the
Program offers training and workshops during the school year, teaching them
how to be involved and be better parents. She said her child saw her in a
new light, as a parent and teacher. She reiterated that her son encouraged
her to return to school to leam English, which was only the first step.
Research shows that children who attend Head Start are more likely to
graduate from high school and pursue a college education; therefore, this
Program was vital to the livelihood of a child, family, and community. She
hoped she was able to provide some insight directly from a parent who has
experienced the benefits first hand and had the Head Start Program to thank
for it.
Councilman Tanner stated that as an advocate for children, he couldn't see
denying this request.
Councilman Spiegel moved to, by Minute Motion, approve the request from the
Desert Sands Unified School Dist5rict to provide $30,000 in operational funding for the
Palm Desert Early Childhood Education Program. Motion was seconded by Benson.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
Mayor Hamik stated no one will say, "Lets keep kids out of school."
However, there is a building that is not made for a preschool. And although
the City agreed to provide DSUSD a building for $1 a year, and while the City
supports all schools significantly, as demonstrated by its contribution today
through the Outside Agency Grants, the building itself was not suitable for a
preschool. She suggested amending the motion to include direction to staff
to sell the existing building and utilize the City's Childcare Mitigation Fund to
find an appropriate site for the childcare in the area that will help serve the
Abraham Lincoln Elementary School.
Mr. Wohlmuth stated that if the request was going to be approved, that the
Council includes in their motion the appropriation of $30,000 from the
Unobligated General Fund Reserve since it's not in the 2013-2014 Fiscal
Year Budget.
Mayor Pro Tem Benson agreed that in this next year, if the building is sold,
that the Mitigation Funds she fought hard to get, are used for a facility that
did Palm Desert proud. She said a lot of money is spent on a band -aid for
childrens programs, and in this case a permanent fixture was needed.
Mayor Hamik stated it was clear this facility was not made for childcare, so
she would like to see something better. She hoped Desert Sands can figure
out their budget, because this was something the City couldn't do on an
ongoing basis.
Councilman Spiegel amended his motion to approve, by Minute Motion: 1) Approve
the request from Desert Sands Unified School District to provide $30,000 in operational
funding for the Palm Desert Early Childhood Education Program for FY 2013-2014, with
direction to staff over the coming year to work on selling the existing building at Cabrillo
and develop a strategy utilizing the City's existing Childcare Mitigation Fund to secure an
appropriate site and structure for the Program going forward, particularly to serve Abraham
Lincoln Elementary School; 2) appropriate $30,000 from the Unobligated General Fund
Reserve for this purpose - FY 2013-2014. Motion was seconded by Benson and carried
by a 5-0 vote.
S. INFORMATIONAL REPORT REGARDING LANDSCAPING OF MONTEREY
AVENUE MEDIANS FROM COUNTRY CLUB DRIVE TO DICK KELLY
DRIVE (PROJECT NO. 965-11).
Councilman Spiegel stated it appears Palm Desert has done their job, but
Rancho Mirage hasn't agreed to the project.
Mr. Greenwood responded the City of Rancho Mirage was in the process of
considering it.
Councilman Spiegel suggested City Manager John Wohlmuth speak to the
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
City Manager of Rancho Mirage, stating he will also approach a couple of
their councilmembers. Mr. Wohlmuth agreed.
Landscape Manager H. Spencer Knight stated this project has taken some
time partly due to staffing changes, but the City of Rancho Mirage is
considering it; however, they haven't given any ideas as to when to expect
a response. He said communication from Council and City Manager may
move it along. He said Palm Desert was ready to go, in terms of being able
to manage the project, but he was hesitant to spend any more money until
the agreement is in place. The Public Works Director for the City of Rancho
Mirage did budget for their share of this project, and Palm Desert has the
money in the budget as well, so once the agreement is in place, they can get
the project going.
Councilman Tanner moved to, by Minute Motion, receive and file the informational
report regarding Landscaping of Monterey Avenue Medians from Country Club Drive to
Dick Kelly Drive (Project No. 965.11). Motion was seconded by Spiegel and carried by a
5-0 vote.
MR
r
T. INFORMATIONAL REPORT REGARDING "ENVISION PALM DESERT -
FORWARD TOGETHER" — CITY'S NEW STRATEGIC PLAN. no
Mr. Wohlmuth noted Mayor Hamik was on the Steering Committee for the
Strategic Plan. He said it was his opinion the National Civic League stepped
up their game at last evening's meeting, stating it was well attended and well
organized. He said the Council should expect a good strategic plan out of
this process and encouraged them to participate and it went into the
stakeholders group process. He said the Council has the last shot at the
strategic plan as it goes through the Steering Committee and back to the City
Council. He said the Council can participate or have staff continue to inform
them of the progress made.
Councilman Tanner stated that from the Steering Committee standpoint, and
with Mayor Hamik representing the Council, he asked if other
Councilmembers can attend or wait until it's presented to the entire Council.
Mr. Wohlmuth stated it would be beneficial to participate in the stakeholder's
meetings, but cautioned that not more than two Councilmembers attend at
once. He asked that if a Councilmember wished to attend a meeting,
especially if it was on a topic of interest, that they coordinate it through him
or Dave Hermann, and dates and times of the meetings will be provided.
Councilman Spiegel requested a list of the committees being developed.
Mr. Wohlmuth stated staff had a preliminary list, stating the National Civic
League did the dots on a chart yesterday for the vision. He said the Initiating
No
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
Committee has identified the nine groups.
Public Information Officer/Management Analyst Dave Hermann stated there
will be nine groups, but they have not been formed. Once they are formed,
he will provide that information to the Council.
Councilman Spiegel moved to, by Minute Motion, receive and file the Informational
Report related to Envision Palm Desert - Forward Together, the City's New Strategic Plan.
Motion was seconded by Weber and carried by a 5-0 vote.
U. INFORMATIONAL UPDATE REGARDING AMERICAN JAZZ INSTITUTE
FESTIVAL AND SPONSORSHIP.
Ms. Riddle stated the report is to give the Council an update on the Jazz
Festival that staff was hoping to put together for this year. It was planned
tentatively to take place at Desert Willow, but unfortunately, the dates didn't
work out with Ernst & Young due to another event held at Desert Willow in
cooperation with the Marriott for the same weekend. Therefore, it didn't
appear staff could put something together for this year, but everyone was still
interested in a 2014 event. Responding to question, she said they are
planning the event for the same time in November. In the meantime, staff
will work with Desert Willow and the Marriott to make sure that if Ernst &
Young was planning something for 2014, which was very probable, they can
work on the dates together.
Mr. Wohlmuth stated the event was intended to take place the second or
third weekend in November, which happens to fit well with Desert Willow Golf
Resort, because of over seeding, but certainly not the average daily rates as
February and March. The weather, according to the organizers, is great for
their events in early November. He said the event had to work with Desert
Willow so as not to lose golf revenues.
Councilman Spiegel stated that if the right group is obtained, it will attract a
lot of people from outside the Valley.
Mr. Wohlmuth agreed, stating the organizer has a grass roofs concept of
starting with 500 attendees and growing it to 2,000 in a few years. He
agreed this was an opportunity to have a special event.
Councilman Tanner stated this event should be looked at from a budgetary
standpoint for 2014, because this had the potential to become huge, and it
was something the City could hang its hat on.
Councilman Tanner moved to, by Minute Motion, receive and file the Informational
Update Report relative to American Jazz Institute Festival and Sponsorship. Motion was
seconded by Spiegel and carried by a 4-0 vote, with Weber ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT
NO. C31810 WITH MATICH CORPORATION, INC., FOR THE
HIGHWAY 111 RESURFACING PROJECT (PROJECT NO. 752-13).
Councilman Spiegel asked if it was costing the City money, because it
moved the start date.
Mr. Greenwood answered yes, stating the contractor had estimated that the
additional cost could be up to $300,000, but the actual Change Order is
$109,000, which was a fair price.
Councilman Spiegel stated it was a smart thing to do.
Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1
in the amount of $109,070 to the subject contract with Matich Corporation, Inc., Highland,
Calffomia; 2) authorize the transfer of $109,070 from contingency to base for the project;
3) authorize the Mayor to execute Change Order No. 1 — funds are available in Account
No. 213-4311-433-3320 - Street Maintenance. Motion was seconded by Tanner and
carried by a 5-0 vote.
XVII. PUBUC HEARINGS
A. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE
PROPERTIES LOCATED AT 42190 VERDIN LANE (APN 624-440-006)
AND 42218 VERDIN LANE (APN 624-440-008), PALM DESERT,
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) (JOINT
CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY).
Management Analyst Jessica Gonzales stated this item was for the proposed
sale of the subject properties, and State law requires that approval is granted
through a public hearing, which was noticed for two consecutive weeks and
no comments were received.
Mayor/Member Hamik declared the public hearing ooen and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, she
declared the public hearing closed.
Councilman/Member Tanner moved to: 1) Waive further reading and adopt
Resolution No. HA - 55, approving the sale of the properties pursuant to the attached draft
Purchase and Sale Agreement at the fair market value of $200,000 each; 2) City Council
and Housing Authority Board, by Minute Motion, approve silent homebuyer assistance
all
Ole
mai
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
loans in amounts that do not exceed $80,000 in total for each homebuyer to ensure an
affordable housing cost for a qualified low- or moderate -income household from any
available funding source restricted for such purpose (BEGIN, Housing Mitigation,
Agency/Housing Authority Program Income); 3) authorize the payment of transaction costs
from the sale proceeds for the purpose of repairs required for closing and fees customary
to real estate transactions in Riverside County, including escrow, title, FHA fees,
inspections, vermin eradication, commissions, and disclosures; 4) authorize the use of the
Falcon Crest Sales Program and documents, including the restrictive covenant and loan
documents for the applicable funding source, in their substantial form; 5) authorize the
Mayor, Authority's Chairman, and/or Authority's Executive Director or his designee to
finalize and execute the Purchase and Sale Agreements and any ancillary documents
necessary to effectuate the sales and actions taken herewith. Motion was seconded by
Benson and cabled by a 5-0 vote.
B. CONSIDERATION OF THE INTENTION TO LEVY THE ANNUAL
ASSESSMENT FOR FISCAL YEAR 2013-2014 FOR THE PALM DESERT
BENEFIT ASSESSMENT DISTRICT NO. 1, PURSUANT TO THE BENEFIT
ASSESSMENT ACT OF 1982.
Mayor Hamik declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter.
Senior Management Analyst Ryan Stendell stated that due to staff error,
asked that this item be continued for two weeks.
Councilman Spiegel moved to, by Minute Motion, continue this item to the meeting
of June 27, 2013. Motion was seconded by Tanner and carried by a 5-0 vote.
C. CONSIDERATION OF THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR THE CONSOLIDATED PALM DESERT
LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2013-2014
AND APPROVAL OF THE ENGINEER'S REPORT.
Mayor Hamik declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter.
Senior Management Analyst Ryan Stendell stated that due to staff error,
asked that this item be continued for two weeks.
Councilman Spiegel moved to, by Minute Motion, continue this item to the meeting
of June 27, 2013. Motion was seconded by Tanner and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
MIN
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of May 13-31, 2013.
Mr. Wohlmuth noted the Summaries report contained in the agenda
packets and offered to answer questions.
With City Council concurrence, the Summaries were received and filed.
Councilman Spiegel noted that Mr. Wohlmuth met with
Councilmember Weber and staff about hedge heights and asked
whether or not the City could control them.
Mr. Wohlmuth answered that the City does not currently control hedge
heights. Staff has a number of issues with that type of regulation,
particularly implementation of such an ordinance. He went on to say
that with regard to Mr. Messreni's issue, Code Compliance Supervisor
Pedro Rodriguez contacted the neighbor. So far, it sounds like the
neighbor didn't know that their other neighbor had an issue with •�
hedge height. He said Councilmember Weber asked to see the
letters, and when the neighbor of the complainant was contacted, she �+
said she never received any letter, nor was she aware of the issues.
So the neighbor may take care of the issue. He added that staff is not
eager to pass a hedge -height ordinance; Mr. Rodriguez, Ms. Aylaian,
and he have driven around the City, and they believe there will be
significant problems if the City tried to implement and enforce such a
regulation. If the issue were to come before City Council, staff would
prepare a full report on what would be entailed for such an ordinance.
It was staffs hope that the neighbors would work together to resolve
any issues. Responding to question about other Coachella Valley
cities that have such a ordinance, he has a report on it, with the
nearest City being Indian Wells, which is being sued in Federal Court
over the matter.
Mr. Erwin agreed and noted that it was an argument over height of the
hedge or the requirement that it be reduced. He believed the hedge
was nine feet high, and the matter is currently in Federal Court.
Mayor Hamik offered that it was hoped that communication and good
neighbors will prevail in Palm Deserts case.
MIN
owl
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
2. Disaster Preparedness Town Hall Meeting - June 25
Mr. Wohlmuth reported that the City was preparing for the Disaster
Preparedness Meeting on Tuesday, June 25, at 10:00 a.m. in the
Council Chamber. He said all were welcome to attend this valuable
educational program. In response to question, Management
Analyst/Public Information Officer David Hermann responded that it
was already a news item on the City website homepage, a press
release will also be going out, and whenever staff has contact with the
media in the interim, it will be promoted in that way as well.
Mr. Tanner noted that the Chamber of Commerce was also
publicizing the event. He asked if RSVPs were required.
Mr. Hermann didn't believe they were, everyone was welcome, noting
that Mr. Aryan was coordinating the event.
3. Degert Willow $ummer Dining
Mr. Wohlmuth informed the City Council with a handout, noting that
in working with Desert Willow Golf Resort and Kemper Sports
Management in an effort to cut some of the overhead in the golf
course and restaurant operations during the summer months, the City
has decided to close the Clubhouse Dining Room on Mondays,
Tuesdays, and Wednesdays, effective June 17 - August 30. He
added that food would still be available at the bar at specific hours
during the summer schedule, with the bar open until 6:00 p.m. daily.
The Dining Room will be open as usual on Thursdays, Fridays,
Saturdays, and Sundays. This measure will save the City and the
Resort about $20,000 for these months. He added that staff has
analyzed the historical data for the Dining Room, and there is very
little coverage during this time. Other events, catering, reservations
will be changed accordingly, but separate casual dining for breakfast
or lunch will not be available Monday - Wednesday weekly.
Responding to question, he said Cook's Grill will still be open Monday,
Tuesday, and Wednesday, and they have continental -type breakfast
and sandwiches for lunch.
4. City Maintenance Services Manager Carlos Hemandeg
Mr. Wohlmuth introduced 28-year employee and Maintenance
Services Manager Hemandez to the City Council. He added that one
of the City's prize possessions is its Corporation Yard, which Carlos
carefully oversees. For the benefit of the newer Councilmembers, he
said they didn't get to see him that often, but noted that he does a
wonderful job in the community, preserving and improving the City's
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REGULAR PALM DESERT CITY COUNCIL MEETING
infrastructure.
JUNE 13, 2013
Mr. Hernandez related that he was pleased to serve as the City's
Maintenance Services Manager. He manages the Street
Maintenance Fleet Building and helps to oversee the traffic signal
maintenance program in coordination with Mr. Greenwood and
Transportation Engineer Mark Diercks. He provided history of his
career with the City, starting in January 1985 as a Maintenance Aide,
then hired full-time in July that year as a Maintenance Worker,
assigned in the Parks Department. Then he transferred to the Streets
Division and served in the position of Acting Senior Maintenance
Worker, becoming full-time in the role thereafter and holding the
position for 15 years. In 2002, he was one of three candidates for the
Street Maintenance Supervisor position that became vacant and
fortunately, he was given the job. He said it was one of his long-term
goals to become the Streets Maintenance Supervisor, which he was
able to fulfill. In 2006 when previous Maintenance Manager
Tom Bassler retired, he was placed in the position as Acting
Maintenance Manager, and due to his hard work and dedication, was
given the position full-time. He has been overwhelmed with that
blessing ever since, adding that he was happy to be a Member of the
Palm Desert Team that provides superior service and cares for its
residents.
Councilmembers congratulated him for his tenure and service to the
City. Mayor Hamik said for those who've been to the Corporation
Yard, they would find an incredibly organized, clean operation, and it
was very impressive. She commended him for his work and thanked
him for his service.
Mr. Greenwood added that Carlos is a great example of when the
characteristics of hard work, dedication, and opportunity find each
other, he was the result — a great success story for the City.
B. CITY ATTORNEY
None
38
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
C. CITY CLERK
1. Request for Designation of Voting Delegates and Altemate(s) for the
2013 League of California Cities Annual Conference,
September 18-20, Sacramento.
Ms. Klassen called Council's attention to the request for appointment
of a Voting Delegate and, if desired, Alternate, if it was their intention
to send someone to the Conference to vote on matters before the
entire League membership. She said if this was the desire, a decision
needed to be made by Minute Motion at a regular meeting.
Mayor Hamik said she sits on the local Board of League of Califomia
Cities, and she intended to attend the Annual Conference in
September. She offered to serve as the Voting Delegate.
In answer to question, Councilman Tanner said he could attend the
Conference and serve as an Alternate Voting Delegate.
Councilman Tanner moved to, by Minute Motion, appoint Mayor Jan C. Hamik to
serve as the City's Voting Delegate and Councilman Van G. Tanner to serve as the
Altemate for the 2013 League of Califomia Cities Annual Conference, September 18-20,
in Sacramento. Motion was seconded by Spiegel and carried by 5-0 vote.
D. PUBLIC SAFETY
1. Fire Department
None
2. Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. QV Council Requests for Action:
None
2. City Council Consideration of Travel Requests and Reports:
None
39
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2013
wO
3. City Council Committee Reports: �..,
a) palm Desert Chamber of Commerce Retreat — Councilman Tanner
said this was the first year that he'd attended the Chamber's Planning
Retreat, and it was very interesting. He added that he'd been part of
the Chamber since 1985, and from his perspective, Palm Desert is
very fortunate to truly have a 5-Star Chamber of Commerce. This
was due to everyone's tremendous participation, and he was very
proud to be a part of it as well. Upon inquiry, he said the Retreat was
held at the Sheraton Legoland in Carlsbad, and it was very nice.
4. City Council Comment:
None
5. Su9gested Items for Future City Council Meeting Agendas:
None
XIX. ADJOURNMENT
With City Council concurrence, Mayor Hamik adjoumed the meeting at 6:11 p.m.
2
/472J,
JAN C. HAIiNIK,MAYOR
ATTEST:
CHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
40