HomeMy WebLinkAbout2013-05-09MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MAY 9, 2013
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Harnik convened the meeting at 3:05 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. Harnik
Also Present:
John M. Wohlmuth, City Manager
David J. Erwin, City Attorney
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
Martin Alvarez, Director of Economic Development
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
Stephen Y. Aryan, Risk Manager
Bill Hunley, Div. Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Casey Hartman, Batt. Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Kevin Vest, Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
Grace L. Mendoza, Deputy City Clerk
Upon inquiry by Mayor Harnik, Ms. Klassen affirmed that the agendas for today's
City Council, Successor Agency, and Housing Authority Meetings had all been
posted in accordance with the Ralph M. Brown Act.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 112, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: HARC
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
Number of potential cases: 2
C. Conference with Legal Counsel regarding potential to initiate litigation
pursuant to Government Code Section 54956.9(d)(4):
Number of potential cases: 1
With City Council concurrence, Mayor Harnik adjourned the meeting to Closed
Session at 3:06 p.m. She reconvened the meeting at 4:01 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member
Donavon Sandoval-Heglund
VII. INVOCATION - Mayor Jan C. Harnik
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VIII. ORAL COMMUNICATIONS - B
MS. KATE CASTLE, Palm Springs, CA, as Chair of her City's Waste Reduction
Subcommittee for its Sustainable Commission, came before City Council to offer
assistance to the City of Palm Desert in advancing an ordinance to ban plastic bags,
on either a City or Valley (CVAG) level. She stated that most Americans use 500
bags every year, and virtually all are thrown into the landfill after one use. Many of
them fly away and get caught up in the region's trees, sewers, and waterways.
Each Coachella Valley City is faced with thousands of dollars of cost to clean up
these bags. Additionally, the bags are made of oil, causing groundwater to be toxic
and adding to dependence on foreign oil. She'd traveled throughout the State,
meeting with NGOs (non -governmental organizations) and government officials
about the ordinances implemented in their communities. Further, she'd spoken with
officials in Washington, Oregon, Canada, and Hawaii who were involved in creating
ordinances in those jurisdictions, listened and learned about what has and hasn't
worked there. Throughout this time, she'd seen momentum build to positive
change. Last year when she started this project for the City of Palm Springs, there
were 45 cities and counties with ordinances; today there are over 75. Recently, the
City of Los Angeles enacted a bill to eliminate the use of plastic bags by 2014; and
in Sacramento, State Senate Bill 405 has passed out of Committee with strong
support. She went on to say that the Grocery Store Association has come out and
expressed their support for SB 405 as well, and she firmly believed that eliminating
the use of plastic bags will bolster city budgets, protect the environment from the
pollution of discarded bags, and provide financial Tong -term gains and benefits for
both large and small retailers that are the economic engines of the Coachella
Valley. Her subcommittee in Palm Springs is actively working with Palm Desert's
subcommittee of its Sustainability Committee, and together they've crafted an
ordinance believed to address the needs and concerns of Coachella Valley citizens.
She felt this ordinance represented an opportunity for Palm Desert and the
Coachella Valley as a whole to join 75 cities and counties through the State that
have already passed an ordinance on this issue. She respectfully requested that
City Council consider supporting this important initiative, as our local communities,
environment, and children deserve a Coachella Valley free from plastic bags. She
offered to answer questions and to continue to work with Palm Desert's
Sustainability Committee on it.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE M. CONNOR LIMONT FOR HER
SERVICE TO THE CITY OF PALM DESERT AND ITS
PLANNING COMMISSION, 2007 - 2013 (Continued from the meeting of
"" April 11, 2013).
illwat
On behalf of the City Council, Mayor Harnik presented an engraved crystal
clock to Ms. Limont in appreciation for her years of service to the Planning
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Commission, where she offered great ideas, opinions, and guidelines to the
City, which were all greatly appreciated by the City Council and citizens. •r
Ms. Limont graciously accepted the recognition and said she'd truly learned
a great deal — running a city, no matter the size, is incredibly detailed and
complicated, and politics require a great deal of patience — Palm Desert does
a magnificent job.
B. PRESENTATION OF PROCLAMATION DECLARING MAY 2013 AS
"MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Harnik presented the proclamation to
Riverside County Department of Mental Health, Desert Regional Board
Member Linda Wright.
Ms. Wright invited everyone to the 9th Annual May is Mental Health Month Art
Show and Creative Writing Contest on May 14 to be held at the Coachella
Valley Art Center, 45140 Towne Street, Indio (just north of the Civic Center).
This year's exhibit is entitled "Outrider Arts II," acknowledging that people
dealing with mental illness are often outriders — people who are on the
cutting edge of courageous change, innovation, and serving as an inspiration
to others. She said the Opening Ceremony and Awards Ceremony will take
place from 11:00 a.m. to 1:00 p.m. that day, and it was again expected to be
a great show. She added that it was one of the many efforts of the
Department and the Board to bring recovery from mental illness out into the
open and to encourage people to seek services and treatment when needed.
The Art Show also demonstrates how the creative arts are useful to people
in recovery, and she expressed gratitude for the support received from
Palm Desert residents.
C. PRESENTATION OF PROCLAMATION DECLARING MAY 2013 AS
"WATER SAFETY MONTH" IN THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Harnik presented the proclamation to
Roger Coldiron of Family YMCA of the Desert.
Mr. Coldiron graciously accepted recognition of the month -long declaration,
adding that he didn't need to tell those who've been there how great the
Palm Desert Aquatic Center is. He announced that in celebration of Water
Safety Month, there is a unique event happening on Saturday, May 18, at the
Center and invited all to participate. Six Olympians will be there to offer one
free day of swim lessons to kids and families of the Coachella Valley. He
said the YMCA runs a lot of programs at the Aquatic Center, but there are
still many folks who don't swim; so this would be a great opportunity.
Opening Ceremonies occur at 8:45 a.m. that day, and the event will follow
from 9:00 a.m. - 5:00 p.m. He said volunteers were still needed to assist with
ing
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the event and again invited everyone to come out to see the Olympians, who
would be there all day.
D. PRESENTATION TO THE CITY COUNCIL BY FAMILY SERVICES OF THE
DESERT IN APPRECIATION FOR THE 2013 "BUNNY HOP" 5K
RUN/WALK ON EL PASEO, SUNDAY, MARCH 31.
Family Services of the Desert Executive Director Mike Russell said that their
organization also manages Food Now and Food Pantry in Desert Hot
Springs, and they were present today to express sincere gratitude for the
City's support of their fund-raising event, the El Paseo "Bunny Hop 5K." He
said local cities' support of events like this one was a tremendous help, not
only in raising much -needed funds, but also in raising awareness for the
services they offer. He went on to provide some statistics to give an idea of
how City of Palm Desert's support helps improve the mental health and well
being of its citizens through an event like the "Bunny Hop." So far this fiscal
year, Family Services of the Desert has provided 188 hours of counseling to
23 Palm Desert residents at little or no cost; 50 of these counseling hours
were for children, 41 were no -cost, 9 were low-cost. For their adult clients,
10 hours were no -cost, 5 were at very low-cost. Counseling services
provided were all focused on the prevention of child abuse to avoid reentry
into foster care and for domestic violence diversion; many of the clients were
diagnosed as suffering from depression and anxiety, which impacted their
ability to function effectively in their day-to-day lives. In recognition of the
City's support, Mr. Russell and Family Services of the Desert's Outreach
Coordinator/Marketing Cathy Romero presented the City Council with a
framed Certificate of Appreciation for its support of their event. Ms. Romero
also thanked City staff for their tremendous support.
On behalf of the City Council, Mayor Harnik graciously accepted the
Certificate, adding that she attended the wonderful event, and she called
attention to the fact that the last three presentations all talked about the
importance of mental health. She urged everyone to do their best to support
such efforts.
E. REQUEST FOR ACCEPTANCE OF LETTERS OF RESIGNATION FROM
PALM DESERT YOUTH COMMITTEE MEMBERS AND APPOINTMENT OF
INDIVIDUALS TO THE RESULTING VACANCIES FOR THE REMAINDER
OF THEIR ONE-YEAR TERMS, DECEMBER 31, 2013.
MR. DONAVON SANDOVAL-HEGLUND, Palm Desert Youth Committee
Member, reported that their Committee, in collaboration with Riverside
-- County's Youth Advisory Council, will be holding a Car Wash Fund-raiser to
benefit Shelter From the Storm on Saturday, May 18, 9:00 a.m. - 1:00 p.m.
ft..* at the Palm Desert Self -serve Car Wash (across Highway 111 from Tony
Roma's). Tickets may be purchased for $5.00 either in advance or on the
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MAY 9, 2013
day of the event, and those interested were encouraged to contact City Staff
Liaison Amy Lawrence. He added that coffee and donuts will also be
available for donations at the event too. Further, he noted that last weekend
one member from the Youth Advisory Council and two members from the
Palm Desert Youth Committee raised $215 selling Car Wash tickets at
Shelter From the Storm's Annual Gala in Palm Springs, and they are very
excited to be raising funds for such an important and meaningful
organization. With regard to the Youth -Senior Technology Day held April 27
at the Fountains At The Carlotta, he said attendance was great, and the
seniors were very grateful for Youth Committee Members' assistance.
Councilmembers congratulated Mr. Sandoval-Heglund and the Youth
Committee for a job well done. Mayor Harnik added that she was also very
proud to see both of those events highlighted in the newspaper.
Councilman Spiegel moved to, by Minute Motion: 1) Accept letters of resignation
from the following Palm Desert Youth Committee Members with very sincere regret:
Julien Bloch, William Harvey, Jason Rosenblum, and Wes Wohlmuth; 2) appoint the
following individuals to the Palm Desert Youth Committee to fill the vacancies in the
December 31, 2013, terms created by the aforementioned resignations: Michelle Dan,
Victoria Delapaz, Emily Goldstone, and Samantha Sandoval. Motion was seconded by
Benson and carried by 5-0 vote.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of April 25, 2013.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 204, 207, 208, 209, and 212.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Albertsons 6559, 74590 Highway 111, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Albertsons 6567, 42095 Washington Street, Palm Desert.
Rec: Receive and file.
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E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pizza Hut,
72310 Highway 111, Palm Desert.
Rec: Receive and file.
F. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Citizens' Sustainability Committee Meeting of March 20, 2013.
2. Cultural Resources Preservation Committee Meeting of January 31,
2012.
Rec: Receive and file.
G. REQUEST FOR RATIFICATION of Application for Federal Funds for Street
Rehabilitation (Project No. 672-13).
Rec: By Minute Motion, ratify the City Manager's authorization to apply for
Federal Surface Transportation Program (STP) Rehabilitation Funds.
H. REQUEST FOR DECLARATION of Various Miscellaneous Items from the
Visitor Center and the Palm Desert Library as Surplus and Authorize
Disposal As Recommended.
Rec: By Minute Motion, declare various miscellaneous items from the
Visitor Center and from the Palm Desert Library, as listed on the
accompanying staff report, as surplus and authorize disposal as
recommended.
I. REQUEST FOR DECLARATION of Various Miscellaneous Items from the
Palm Springs Art Museum -Palm Desert as Surplus and Authorize Disposal
As Recommended.
Rec: By Minute Motion, declare various miscellaneous salvaged items from
the Palm Springs Art Museum -Palm Desert, as listed on the
accompanying staff report, as surplus and authorize disposal as
recommended.
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MR
J. REQUEST FOR AWARD OF CONTRACT to Brett Fiore of Same Day um
Express for Maintenance of the City of Palm Desert's Public Art Collection
and the El Paseo Invitational Exhibition (Contract No. C32740).
Rec: By Minute Motion: 1) Award subject contract to Brett Fiore of Same
Day Express, Palm Desert, California, for maintenance of the City of
Palm Desert's Public Art Collection and the El Paseo Invitational
Exhibition for a period of one (1) year (July 1, 2013 - June 30, 2014)
in the amount of $39,996; 2) consider three-year (3) contract,
renewable each year upon City Council approval; 3) authorize the
Mayor to execute said contract — funds are available in Account
No. 436-4650-454-3372.
K. REQUEST FOR APPROVAL of Out -of -State Travel for Director of Public
Works and Transportation Engineer to Attend the 2013 Institute of
Transportation Engineers (ITE) Western District Annual Meeting and Exhibit
Conference in Phoenix, Arizona — July 14-17.
Rec: By Minute Motion, authorize Out -of -State Travel for Director of
Public Works and Transportation Engineer to attend the
2013 ITE Western District Annual Meeting and Exhibit Conference in
Phoenix, Arizona, from July 14-17 — funds are available in Account
No. 110-4300-413-3120 - Public Works Conference/Seminars/
Workshops.
L. REQUEST FOR APPROVAL of Exemptions from Palm Desert Municipal
Code Sections 9.58.010 and 9.58.020 - Consumption and Possession of
Alcoholic Beverages on Public Property - in Connection with Receptions for
Art Exhibitions to be Held in the Palm Desert Community Gallery Between
July 2013 and February 2014.
Rec: By Minute Motion, approve exemptions from Palm Desert Municipal
Code Sections 9.58.010 and 9.58.020 in connection with the Opening
Receptions for Art Exhibitions to be held in the Palm Desert
Community Gallery between July 2013 and February 2014 —tentative
dates are: July 1- Regina Kirillov and Coreen Moore; September 16 -
James Campbell, Grant McMillan, and Gary Rosenblum;
November 25 - Travis Hiner; and February 10 - Gideon Cohn and
Daniel Kaufman.
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M. CONSIDERATION of the Legislative Review Committee's Recommendation
to Provide Letters of Support for Legislation - AB 225 (Nestande) and
AB 564 (Mullin).
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve sending letters of support for
AB 225 (Nestande) - Medium -speed Electric Vehicles and for
AB 564 (Mullin) - Enforceable Obligations of former Redevelopment
Agencies.
N. CONSIDERATION of the Legislative Review Committee's Recommendation
to Provide a Letter of Opposition for Legislation - AB 5 (Ammiano).
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve sending a letter of opposition for
AB 5 (Ammiano) — Homeless Person's Bill of Rights.
O. REQUEST FOR RATIFICATION of the City Manager's Approval for
Submitting a Letter of Support for U. S. Senate Bill 743 (Enzi).
Rec: By Minute Motion, ratify the City Manager's approval for submitting a
letter of support for U. S. Senate Bill No. 743 (Enzi) — Internet Sales
Tax Equalization.
Upon a motion by Tanner, second by Benson, 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 - 16 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND
ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (PUB. RESOURCES
CODE §§ 21000 ET SEQ.).
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2013 -16. Motion was seconded by Tanner and carried by a 5-0 vote.
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B. RESOLUTION NO. 2013 - 17 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC
HEARING FOR CONSIDERATION OF A STREET NAME CHANGE FOR
COSMOPOLITAN LANE (Mario J. Gonzales, Knightswood Ventures, LLC,
Applicant).
Upon inquiry, Mr. Greenwood stated it was the Developer who was seeking
a name change for the street.
Councilman Tanner moved to waive further reading and adopt Resolution
No. 2013-17. Motion was seconded by Spiegel and carried by 5-0 vote.
XIII. ORDINANCES
A. For Introduction:
None
B. For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF A FIRST AMENDMENT TO THE
AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE
COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT (CONTRACT
NO. C31111).
Mr. Aryan commented that the aforementioned was a standard amendment
to the City's Law Enforcement Agreement, which reflects current staffing
levels within the Police Department. The Public Safety Commission
reviewed and recommended approval of the Amendment, and he also
affirmed that the Police Department recommends approval.
Councilman Spiegel moved to, by Minute Motion, approve the First Amendment to
Agreement for Law Enforcement Services between the County of Riverside and the City of
Palm Desert. Motion was seconded by Benson and carried by 5-0 vote.
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B. REQUEST FOR APPROVAL OF A COOPERATIVE AGREEMENT TO
PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND
MEDICAL EMERGENCY SERVICES FOR THE CITY OF PALM DESERT
BY THE COUNTY OF RIVERSIDE (CONTRACT NO. C32750).
Mr. Aryan stated that this Cooperative Agreement is the first the City's had
in three years; the previous agreement expired in 2010. Staff, City Attorney,
and Public Safety Commission have reviewed the item and recommend its
approval.
Councilman Spiegel moved to, by Minute Motion, approve the subject Cooperative
Agreement to provide Fire Protection, Fire Prevention, Rescue, and Medical Emergency
Services by and between the County of Riverside and the City of Palm Desert. Motion was
seconded by Weber and carried by 5-0 vote.
C. REQUEST FOR AWARD OF CONTRACT TO KIRKPATRICK
LANDSCAPING SERVICES, INC., FOR A 24-MONTH PERIOD IN THE
AMOUNT OF $207,960, PLUS AN AMOUNT NOT TO EXCEED 20% OF
THE CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND
SERVICES — LANDSCAPE MAINTENANCE AREA NO. 2 (CONTRACT
NO. C32600, PROJECT NO. 902-13).
Councilman Tanner congratulated staff for taking a close look at this work
and not just awarding it to the lowest bid. He felt the City had come along
way in recognizing that some of the low bids from out of town weren't able
to service the contracts as they are and in disqualifying bidders that are
known not to be able to do so.
Councilman Tanner moved to, by Minute Motion: 1) Award the subject contract for
Landscape Maintenance Area No. 2 to Kirkpatrick Landscaping Services, Inc., Indio,
California, for a 24-month period in the amount of $207,960 ($103,980/year); 2) include
extra repair work and services in an amount not to exceed 20% of the 24-month contract
amount ($41,592); 3) authorize the Mayor to execute said contract — funds are available
in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Motion
was seconded by Weber and carried by a 5-0 vote.
D. REQUEST FOR AWARD OF CONTRACT TO VINTAGE ASSOCIATES,
INC., FOR A 24-MONTH PERIOD IN THE AMOUNT OF $249,360, PLUS
AN AMOUNT NOT TO EXCEED 20% OF THE CONTRACT AMOUNT FOR
EXTRA REPAIR WORK AND SERVICES — LANDSCAPE MAINTENANCE
AREA NO. 4 (CONTRACT NO. C32610, PROJECT NO. 904-13).
In response to Councilman Spiegel's comment about the closeness of the
three bidders for this contract, Mr. Greenwood said several bids have come
in like this lately. However, he said also on today's agenda was a bid with
a very wide range between bidders.
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Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract for Nod
Landscape Maintenance Area No. 4 to Vintage Associates, Inc., Bermuda Dunes,
California, for a 24-month period in the amount of $249,360 ($124,680/year); 2) include
extra repair work and services in an amount not to exceed 20% of the 24-month contract
amount ($49,872); 3) authorize the Mayor to execute said contract — funds are available
in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Motion
was seconded by Tanner and carried by a vote of 5-0.
E. REQUEST FOR AWARD OF CONTRACT TO KIRKPATRICK
LANDSCAPING SERVICES, INC., FOR A 24-MONTH PERIOD IN THE
AMOUNT OF $192,823.02, PLUS AN AMOUNT NOT TO EXCEED 20% OF
THE CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND
SERVICES — LANDSCAPE MAINTENANCE AREA NO. 7 (CONTRACT
NO. C32620, PROJECT NO. 907-13).
Councilman Tanner expressed concern regarding the 30%+ difference
between the lowest and the second -lowest bidder. He added that when that
type of difference is experienced in the construction industry, typically, a re-
bid is in order. In answer to his question about whether or not Kirkpatrick
can do the work for $90,000 less, Mr. Greenwood said he was certain they
could.
Councilman Tanner moved to, by Minute Motion: 1) Award the subject contract for
Landscape Maintenance Area No. 7 to Kirkpatrick Landscaping Services, Inc., Indio,
California, for a 24-month period in the amount of $192,823.02 ($96,411.51/year);
2) include extra repair work and services in an amount not to exceed 20% of the 24-month
contract amount ($38,564.60); 3) authorize the Mayor to execute said contract — funds are
available in the respective Landscape and Lighting District Accounts. Motion was
seconded by Weber and carried by 5-0 vote.
F. REQUEST FOR AWARD OF CONTRACT TO LANCE SOARES, INC.,
D.B.A. CLEAN SWEEP ENVIRONMENTAL, IN THE AMOUNT OF
$282,219.60 FOR A 24-MONTH PERIOD FOR COMMERCIAL AND
RESIDENTIAL STREET SWEEPING SERVICES (CONTRACT
NO. C32710).
Responding to question about the difference in the low bid at $282,219.60
to the highest at $1,059,864.00, Mr. Greenwood stated this was the bid he
was referring to with the huge price range earlier in today's meeting. He
added that the City's never worked with the company submitting the highest
amount, and he couldn't speculate on what they were thinking when
calculating it.
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to
Lance Soares, Inc., d.b.a. Clean Sweep Environmental, North Highlands, California, for
mid
OR
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Commercial and Residential Street Sweeping for a 24-month period in the amount of
.. $282,219.60 ($141,109.80/year); 2) authorize the Mayor to execute said contract — funds
are available in General Fund Account No. 110-4310-433-3320 - Street Repair and
Maintenance. Motion was seconded by Tanner and carried by a 5-0 vote.
G. REQUEST FOR AWARD OF CONTRACT TO CLEANSTREET IN THE
AMOUNT OF $72,209.12 FORA 24-MONTH PERIOD FOR PARKING LOT
SWEEPING (CONTRACT NO. C32720).
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract for
Parking Lot Sweeping for a 24-month period to CleanStreet, Gardena, California, in the
amount of $72,209.12 ($38,104.56/year); 2) authorize the Mayor to execute said contract —
funds are budgeted in the respective accounts for all Parking Lot Sweeping expenses, as
listed in the accompanying staff report. Motion was seconded by Tanner and carried by
a vote of 5-0.
H. REQUEST FOR AWARD OF CONTRACT TO GRANITE CONSTRUCTION
COMPANY IN THE AMOUNT OF $2,988,995 FOR CONSTRUCTION OF
THE MONTEREY AVENUE AND FRED WARING DRIVE IMPROVEMENT
PROJECT (CONTRACT NO. C29780A, PROJECT NO. 656-06).
In response to question, staff confirmed that funds were available in the
budget.
Councilman Spiegel moved to, by Minute Motion: 1) Award subject contract for
Construction of the Monterey Avenue and Fred Waring Drive Improvement Project to
Granite Construction Company, Indio, California, in the amount of $2,988,995; 2) authorize
the Director of Finance to set aside a 10% contingency for the project in the amount of
$298,899.50; 3) appropriate $70,557.09 from Unobligated Measure "A" to Account
No. 213-4383-433-4001 for the project; 4) authorize the Mayor to execute said contract;
5) approve a Reimbursement Agreement with City of Rancho Mirage, pending final review
and approval by the City Attorney (Contract No. C29780B); 6) authorize deposit of
reimbursement funds received from City of Rancho Mirage under Contract No. C29780B
to be made to the Unobligated Measure "A" Fund; 7) authorize the Mayor to execute said
Reimbursement Agreement — funding is available for this project in Measure "A" Funds,
Account No. 213-4383-433-4001, Drainage Facility Account No. 232-4383-433-4001, and
Unobligated Measure "A" Funds — no General Fund money being used forthis expenditure.
Motion was seconded by Tanner.
Further responding to question about the difference in the recommended
award amount and the total bid amount reflected in the staff report,
Mr. Greenwood said the $2,988,995 is the base bid, and the bid requested
Y^ several Alternates in order for staff to judge whether or not to do the work.
The Alternates added up to the $3,163,520.00 total.
Mayor Harnik called for the vote, and the motion carried by 5-0.
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I. REQUEST FOR APPROVAL OF CONTRACT WITH TERRA NOVA
PLANNING & RESEARCH FOR FINANCIAL ANALYSES ASSOCIATED
WITH POTENTIAL ANNEXATIONS OF AREA TO THE CITIES OF
PALM DESERT AND CATHEDRAL CITY, AND APPROPRIATION OF
FUNDS FOR SAME (CONTRACT NO. C32760).
Mayor Harnik noted a conflict of interest that she needed to recuse herself
from the meeting and left the Council Chamber.
Ms. Aylaian referred to the printed staff report within the agenda packets,
and she provided a short synopsis of the issue, as some things had changed
since the last time City Council discussed potential for annexing areas north
of Interstate 10 (1-10). She said the recommendation asked for three
actions: 1) Approve a contract with Terra Nova Planning & Research;
2) decide to decline to investigate and further study certain areas that
previously had been considered for annexation; 3) appropriate funds for the
contract being recommended. She advised that the area north of 1-10,
including Sun City just east of Washington Street, is primarily thought of as
being in Palm Desert's sphere of influence. Associated with Sun City is an
arm -shaped area to the west, which is south of 38th and has developed and
undeveloped commercial areas. She said at the last meeting, City Council
directed revisiting a study prepared about 18 months ago, looking at
annexing Sun City and the commercial areas, said study originally performed
by Terra Nova. It has been confirmed with LAFCO (Local Agency Formation
Commission) that new State laws indicate the City of Palm Desert would not
be permitted to submit an application to annex Sun City and the commercial
areas without also including Bermuda Dunes. She said this is something
that the City had informally discussed or approached a couple of times, but
it's not something Council has had a great deal of interest in pursuing in the
past. Subsequently, she reiterated that City Council needs to be aware that
if it is considering annexing Sun City, it will also need to take Bermuda
Dunes, since there is now a prohibition in State Law about leaving islands of
unincorporated territory. She explained that because Bermuda Dunes would
be an island completely surrounded by incorporated cities on all other sides,
if Palm Desert were to incorporate Sun City, it needed to include Bermuda
Dunes in the application. The next component being recommended in the
contract is to perform an in-depth analysis of a fiscal impact analysis and
plan for municipal services prepared by Ralph Anderson & Associates for the
City of Cathedral City, which is considering annexing land in its sphere of
influence. (She referred to an overhead display of an aerial map of the
territory being discussed.) She noted that Cathedral City's sphere of
influence takes in the whole area of Thousand Palms, including about four
miles of boundary in the north sphere shared with Palm Desert. She said it
includes the Classic Club and Xavier College Preparatory High School, all of
which has been recently placed in Cathedral City's sphere of influence,
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adding that it also includes the area of Jack Ivey Ranch. Staff is
recommending that it be allowed to retain a consultant to perform an in-depth
review and analysis of the Ralph Anderson & Associates study, because its
outcome seems so very different than what Palm Desert would anticipate
based upon its previous studies of Sun City, the commercial area, and an
area including the Classic Club. She related that staff has identified the
reason why it believes outcomes of the two studies are so different and why
further analysis is warranted. First, between the two studies, the area from
Jack Ivey Ranch down to Palm Desert's sphere of influence is the only thing
the City has considered in the past, and that's what has shown a $3 million -
$5 million deficit annually when considered as part of Sun City and the
referenced commercial areas. The area that Cathedral City is studying is
quite different and is set up such that they have projected development
different than Palm Desert's — probably one of the most significant
differences being six hotels. She added that Cathedral City's territory
includes all the way up to DaVall, where they anticipate another interchange
added to 1-10 by the year 2035, and they anticipate two hotels developed
with it. Cathedral City also anticipates that there will be two hotels at the
Portola interchange, which is projected to be done in the year 2020 - 2025.
She went on to say Cathedral City also has "The Messenger Project" that
has gone through approval at the County, which is predicting two new hotels,
one upscale and one travel, will be built within the next five years. This is in
addition to the fact that Cathedral City has 12% T.O.T. (Transient Occupancy
Tax); whereas, Palm Desert has 9% T.O.T. There alone, the hotels and the
projection for what will be developed in their sphere, or potentially in their
city, is very different from what expected growth is to be in the Palm Desert
sphere of influence. Further, one of the principal differences identified is the
cost of general government that would be provided by Palm Desert versus
Cathedral City. As compared on a per capita basis for general government,
including the City Manager's Office, City Clerk, typical marketing costs,
things not spread on a per capita basis and that would not change based
upon annexing new area, Palm Desert spends about $2.82/resident/year to
provide those services. From their study, it appears Cathedral City spends
about $0.80 - $0.85/resident/year for the same types of services, evidencing
a different level of services provided by the two different cities and different
expectations of their residents. So if one looks at Cathedral City and
Palm Desert annexing an identical area with an identical number of people,
it will naturally cost Palm Desert much more to do so than Cathedral City.
Additionally, along with the cost of general government services, would be
the cost and staffing level for Police and Fire, which are a large percentage
of the operating costs for any city. As far as number of officers/resident for
Police, as well as the number of crew to any one call for services from the
Fire Department and number of vehicles responding, it's very different
between the two cities. She summarized that these are things immediately
known as contributing to a large difference in the cost of one city or another
annexing an area. Beyond that, she said there are very lengthy, detailed
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
studies performed by each of the two firms for their respective city clients;
there is a great deal of detail, and staff is not equipped to do a completely
detailed analysis of both to determine where all the difference is coming
from. Therefore, it would be premature for Palm Desert to weigh-in on
Cathedral City's request to annex an area, because staff doesn't feel it has
a great enough understanding of their numbers to determine if their study is
valid and should be supported; or whether or not it's flawed, and Palm Desert
could potentially be faced with having a failing city just north of it, resulting
in a need to oppose when the hearings come to LAFCO. That is why the
requested contract award includes a detailed analysis of the
Ralph Anderson & Associates study prepared on behalf of Cathedral City;
and staff recommends that Terra Nova Planning & Research is the most
appropriate firm to undertake the work, the most cost-effective, because
they've done more recent studies of the area on behalf of the City, are most
familiar with databases available, and have the ability to update some of the
information rather than starting over. Lastly, when one would consider
bringing in a third, independent party to take a look at two studies, in this
case, Palm Desert is not trying to decide if one study is right or wrong; it's
looking for a comprehensive understanding of where the numbers came from
and why they're different. With that information in hand, staff can return to
the City Council with the assumptions Cathedral City has built their study on,
valid or invalid, and it can weigh-in on them.
Ms. Aylaian went on to say staff would suggest that City Council decline to
further study areas that are currently in Cathedral City's sphere of influence.
At the last meeting, Council asked to take another look at the areas including
the Classic Club, Xavier Prep, and lands generally referred to as "Berger
Foundation Lands." Geographically, she said it makes a great deal of sense
for these areas to be part of the City of Palm Desert; they also form part of
what is envisioned as an educational corridor tying into UCR (University of
California, Riverside) and development very adjacent to it in Palm Desert.
That being said, she added that there is a new State law defining a
Disadvantaged Unincorporated Community (DUC), with the idea behind it
being cities should not be able to cherry -pick and just annex wealthy
communities, leaving DUCs immediately adjacent with less service or leaving
them to fend for themselves. She said the law is construed such that
Palm Desert could not apply to annex this area that it's been talking about
without taking any immediately adjacent DUCs, including Jack Ivey Ranch
that LAFCO has already identified as a DUC. In further discussions with
LAFCO, it is also likely that Palm Desert would have to take two additional
DUCs and apply to annex them at the same time. She noted that on several
occasions in recent years, LAFCO has also opined that they are unwilling to
split up Thousand Palms and believe it should remain entirely intact.
Therefore, she said it was most likely that if Palm Desert were interested in
annexing some of the area to the north, it would be required to submit an
application to annex all of Thousand Palms — Jack Ivey Ranch, all of the
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
Community of Thousand Palms — adding up to a negative fiscal impact on
the City. She had not heard at any time previously from any of the Council
or policymakers in Palm Desert interest in incorporating all of Thousand
Palms; it didn't seem to have been expressed as a vision of the growth for
our community. Since she didn't believe that to be the direction City Council
wanted to go, her recommendation was not to spend more money studying
it, because it wasn't felt to ever be cost -neutral to provide Palm Desert -level
services by picking up all of Thousand Palms. Although, the issue was being
raised before Council today to confirm that direction or for it to provide
another.
Finally, Ms. Aylaian concluded that the third request was to appropriate
money for this project, approximately $29,110 proposed in an agreement
with Terra Nova Planning & Research to perform the above -described
services. In answer to question, she said the plan was to first study Sun City,
all of the commercial area adjacent, and Bermuda Dunes to confirm the
fiscal impact if all those areas were to be annexed; of the $29,110,
approximately $9,000 is to analyze Cathedral City's Ralph Anderson &
Associates study done for annexation of its sphere of influence. She clarified
that there are two separate issues. First, LAFCO will be holding public
hearings in the coming year on whether or not Cathedral City should annex
all of their sphere of influence. Staff believes it important for the City of
Palm Desert to take a stand on that — either supporting or opposing — and in
order to do so with the greatest amount of knowledge, it's important to study
their analysis that determined this is a fiscally viable endeavor.
Mayor Pro Tem Benson hoped that the City was not going back through a
study about the viability of taking in Sun City, because that was just done,
and things are economically worse now than they were then. She
anticipated the report not coming out any better today, adding that it was also
unknown whether or not the County would give up what good there is in that
territory (i.e., the Varner Corner). They haven't been receptive to the idea
previously, and it was the only thing they had to offer without costing the City
a lot of money.
Ms. Aylaian agreed and said it represented about $20,000 of the Terra Nova
proposal; therefore, if Council did not want to study that area again (including
Bermuda Dunes and Sun City), it could decline to do that and just take a look
at the analysis prepared for Cathedral City.
Councilman Spiegel offered that if the City is going to pursue this, the Berger
Foundation had to be included. It's directly across the freeway from the City,
and he felt if Palm Desert is to grow in the next 40-50 years and become
more dominant with the kinds of things it has now, it has to be included —
hotels, retail, and everything else set to go in there. Therefore, he proposed
17
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
OR
not only taking a look at Bermuda Dunes and Sun City, but also the Berger
Foundation. .r
Councilman Tanner observed that if Palm Desert is looking at annexation,
it needed to look at revenue -bearing area; and besides the Varner Corner,
which may be unavailable, the only area would be Cook Street all the way
down, including Jack Ivey Ranch, which is a DUC. He asked what other
DUCs the City would have to take.
Ms. Aylaian referred to page 5 of 6 in her printed staff report, answering that
these areas are all in Thousand Palms. Jack Ivey Ranch is one, and the
other two are in the same general area. They are all north of the current City
limits; and because there are three of them that represent a large portion of
Thousand Palms, it is likely that LAFCO would require that all of Thousand
Palms be kept together.
Councilman Tanner asked whether or not the DUC areas would have a say
in wanting (or not wanting) to be annexed, because he was pretty sure that
Thousand Palms wanted to be annexed. He reiterated that if so,
Palm Desert needed to pick up the potential revenue from Cook Street all the
way down.
Ms. Aylaian responded that if a City wants to incorporate already inhabited
area, it typically will need to be supported by a vote. Therefore, members of
the community are able to weigh-in on their desire to be incorporated. She
said within the last couple of years, a number of residents from the area
appeared at a Council Meeting where this issue was being discussed, and
representatives clearly stated they did not want to be annexed to
Palm Desert; they preferred to be annexed by Cathedral City. However, she
was unsure if they spoke for a majority.
ONO
r
Councilman Tanner felt these were some of the questions that needed to be
addressed as part of the study, such as whether or not Jack Ivey Ranch
wants to be part of Palm Desert, or stay on its own, and whether or not the
other areas want to stay on their own, etc. He said that was all unknown, as
was Bermuda Dunes, but if given the opportunity to say no to Palm Desert,
it needs to be part of the study. Further, the City also needs to look at the
variance between the $25 million deficit versus $100,000 revenue between
Palm Desert and Cathedral City. He felt that information needs to be
sharpened up — don't analyze the Ralph Anderson study — maybe
appropriate more money to go out and get Willdan, which already does a lot
of work for the City and would do so for less cost. He said although new to
the Council, he's a 32-year resident and doesn't want to lose the tremendous oul
amount of revenue he was certain would be generated in that northern
territory. •a
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
Responding to Councilman Spiegel's question about how Cathedral City got
its sphere of influence on the north side of the freeway, Ms. Aylaian said they
spent a couple of years going through the public hearing process and made
application to LAFCO. She went on to say that originally, Cathedral City just
wanted to annex completely vacant land; but at the end of the public hearing
process, LAFCO made it clear that they would require that Cathedral City
take all of Thousand Palms so as not to break it up. After going through the
public hearing process there, it was approved about 18 months ago.
Councilmember Weber questioned the fact that around $20,000 of the
proposed contract price amounted to the contractor going back through what
it already did and repeating the process. She felt if they were going to re -do
what is already done, it should likely result in less hours, resulting in a lesser
total amount.
Ms. Aylaian responded this is the current proposal; the cost was higher the
last time they did the work. The subject proposal was prepared based on the
information already known.
Councilmember Weber observed that everyone believes that area is/should
be part of Palm Desert, including the future interchange at Portola Avenue.
She couldn't imagine that location being in Cathedral City - it defied logic.
She asked for confirmation of whether or not Bermuda Dunes could decide
it did/didn't want to be annexed, but then LAFCO could demand that it be
included.
Ms. Aylaian explained that State law says they must be part of the
application to annex, meaning if City of Palm Desert applies to annex
anything north/Sun City, it will have to include Bermuda Dunes. LAFCO then
evaluates the information provided; they conduct public hearings/accept
testimony, and they will make a determination, currently unknown. In her
professional opinion, it would be highly unlikely for LAFCO ever to leave an
island — allowing Palm Desert to annex areas north of 1-10, with areas
adjacent to Bermuda Dunes being annexed to both Indio and La Quinta,
completely surrounding them with incorporated cities. Bermuda Dunes
would not be financially viable as its own city; therefore, she was doubtful
LAFCO would ever approve incorporation of areas that left Bermuda Dunes
as an island. However, the only thing State law says is that it must be
included in the application; it doesn't say that the application has to be
approved.
Councilman Tanner disputed that LAFCO could demand the City to annex,
�- especially if Bermuda Dunes didn't want it, which he suspected a good
portion of that area wanted to remain as County territory.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
MS. NICOLE CRISTE, Terra Nova Planning & Research, Palm Desert,
responded to further question about how the annexation process worked in
such a scenario. She said in one annexation, the property owners have a
say at the annexation public hearing. However, because both of the areas
being discussed are inhabited, there will be a protest hearing. She advised
that the protest hearing is a write-in ballot; paper ballots are sent by LAFCO
to all of the registered voters (property owners have no say in the protest
hearing). In order for the protest hearing to be successful, 51% of the
registered voters must vote against the annexation. Therefore, she said if
it were one annexation application that included both Sun City and Bermuda
Dunes, if 49% did not respond (did not protest), and 51% did, regardless of
where they came from, the annexation would fail. Further responding to
question about how long it would take her firm to complete the study being
contemplated, she'd previously committed to Ms. Aylaian that they could get
the work done within the requested two -month time frame. She didn't think
Cathedral City had an official date from LAFCO yet. With regard to question
about the contract amount, she clarified that although all of the Sun City work
has been done before, Terra Nova did not study Bermuda Dunes last time;
therefore, it will require all new analysis. Responding to further inquiry, she
further clarified her previous statement, saying that in any annexation, the
property owners have a say in front of the Board, but the protest hearing is
with registered voters.
MR. ROB BERNHEIMER, on behalf of the H. N. And Frances C. Berger
Foundation, wished to clarify a couple of things both in the printed staff
report and presented today with regard to the reason and justification for not
including the Berger Foundation property in this study. He said the primary
reason was because of the idea of the Disadvantaged Unincorporated
Community (DUC). State law states that DUCs immediately adjacent to an
application have to be included, and that would just be Jack Ivey Ranch.
Apparently, LAFCO staff has opined to Ms. Aylaian that it may also want to
include nearby ones too. However, that's not State law; and he felt it could
be challenged. Additionally, there's actually an exception written into the law
about DUCs: Jack Ivey Ranch didn't have to be included in Palm Desert's
application if it presents evidence that they don't want to be part of
Palm Desert. He explained that the evidence can either be a signed petition
by a majority of the voters or a scientific poll conducted by a university or
polling institution showing they don't want to be part of it. So if Palm Desert
goes ahead and just includes the Berger Foundation in the application,
excluding Jack Ivey Ranch and presenting LAFCO with a poll that says those
residents don't want to be part of Palm Desert, they don't have to be included
in the application. That is written in the law. Therefore, the Berger
Foundation believes the DUC law shouldn't be given too much deference,
thereby excluding this great area from Palm Desert. First, because the law
is brand new and hasn't been tested yet. Secondly, the law provides outs,
and he encouraged being more aggressive with it. Frankly, he didn't feel this
20
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
was very aggressive at all, it was merely following the law. Further, if staff
is opining that all of Thousand Palms has to be included, he felt it was a fight
worth fighting; because he didn't think all of Thousand Palms necessarily
wants to come into Palm Desert. Whereas, there is certainly a property
owner in the Berger Foundation that wants to be part of Palm Desert.
Subsequently, if the City's going to do a study, the Berger Foundation
believes the right thing to do is include their property, and there are avenues
under the law to do so and not take all of Thousand Palms. He went on to
say that if Palm Desert is going to do a study, don't do the one presented
here today. This one will only rehash the study done before and show it's
not economical. He kept hearing the phrase, "Well, when you apply
Palm Desert standards....," and urged taking a look at these areas with a
new perspective. It may be that different standards could be created for
these areas that aren't the same as the rest of Palm Desert. He noted that
this area is north of 1-10, vastly different for much of it; Bermuda Dunes in
and of itself is vastly different than Palm Desert. If Palm Desert was just
going to take existing standards and stamp out the economics of Bermuda
Dunes, Sun City, and the Berger Foundation, it would provide a negative
result and was a waste of money. But if all possibilities were considered —
new zoning ideas, specific plans — different ideas for fiscalizing the land use
that would make it revenue -neutral or close to it, that was unknown — it's
possible the expenses may be high. However, he felt the key thing would be
to get creative people, whether it be Terra Nova, Willdan, or whomever, to
propose the type of land use policies necessary in these areas to develop an
annexation that makes fiscal sense — maybe it would be the very wildest
ideas (e.g. 20-story buildings) — but come up with a list of menu options that
would give the City fiscal neutrality. He reiterated that if the City studies the
fiscal impact using Palm Desert's standards, it would produce a negative
result and waste everyone's time.
Councilman Tanner asked for clarification of the term "Palm Desert
standards," meaning that it would not discount standards for fire and police
protection, but would be cosmetic changes that aren't allowed south of the
freeway.
MR. BERNHEIMER agreed; although, in looking at Sun City, it probably
doesn't require the same police coverage ratios there as in ungated,
unincorporated areas of the City, because it's a fully private community with
its own security force. He said that could be acknowledged; he encouraged
looking at the level of police coverage existing today under the County to see
if they're appropriate. He felt the police coverage could be slightly adjusted;
but he believed the fire and ambulance standards should remain the same
throughout the community, agreeing that they would create a cost and could
be worked into the formula. He again pushed for creative thinking in zoning,
planning, and land uses.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
In response, Ms. Aylaian affirmed that studying the same issue will give the
same result. Further, she agreed that whatever the Council wants to study
can be done, no telling what the outcome would be, but it can be studied.
She concurred that the Berger property can be included; and in fact, the City
started out looking for a proposal that would do just that, but after talking with
LAFCO, it seemed that it would push us farther down the road than it was felt
Council wanted to go, so staff pulled back.
Councilman Spiegel moved to, by Minute Motion, appropriate the money to Terra
Nova Planning & Research and include the Berger Foundation property. Motion died for
lack of a second.
Mayor Pro Tem Benson felt this was now turning into a bigger issue than
initially thought. She didn't think Council was prepared to look at the
situation of annexing the whole area at this time, at least she wasn't. She
didn't think the City of Palm Desert had the resources to do this now, didn't
think it was prudent to be looking at all the area out there as large as it
appears to be, and taking all of it in.
Councilmember Weber interjected that truly if the City looks at it the same
as it's done in the past, it clearly will not work. However, she felt there was
merit in Mr. Bernheimer's suggestion to look at it more creatively — different
sections and what would work there, pointing out, however, that she didn't
think anyone wanted a 20-story hotel. But she felt Bermuda Dunes was very
unique, and there were so many ways to be explored and so many creative
people who could provide ideas. Otherwise, the City was tying its hands by
going after the same study; the result is already known and would be a waste
of time and money, which she couldn't support. Although, she could support
spending money if it were to approach the issue with fresh ideas, and she felt
it was very fitting for Palm Desert to be creative - it's always been a leader
in this regard. She didn't want to sit by and lose an area that was always
considered to be part of Palm Desert — right on the freeway, right with us.
Mayor Pro Tem Benson countered that she didn't feel the City should be
putting money out to Terra Nova or anyone else to come up with fresh ideas
when it doesn't know what ideas it wants to come up with. It's not up to them
to devise a plan for the City of Palm Desert, it's up to the City to tell them
what it wants to look at. Councilmember Weber agreed. Mayor Pro Tem
Benson added these ideas then need to come before a committee of the
Council before a contract is let.
Councilman Tanner agreed with his colleagues that this needed to go to
committee for review; but he also felt that if funds are appropriated to do a
fiscal study of the area discussed here, he wanted to know what the potential
would be. He again stressed that if Palm Desert doesn't do it, Cathedral City
will, and there isn't a lot of time. He wasn't suggesting throwing really good
22
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
money after bad, but Terra Nova has done what it has, a good study, but it
didn't include a few of the areas that he felt were revenue -building. Instead,
he proposed going to a different source, suggested looking at Terra Nova,
but to also seek ideas about what the City can potentially arrive at from a
revenue standpoint — will it be to the good or bad — that's the fiscal
responsibility study he wanted to see happen, wondering how much the City
could get.
Ms. Aylaian offered that there are two separate issues being considered
here. She said Council may elect to go forward with one tonight — analyze
the Ralph Anderson & Associates study, because it does provide input and
greater confidence to the City as to where it would like to position itself when
the Cathedral City LAFCO hearings come up. Separately, she suggested a
subcommittee of a couple of Councilmembers, especially in discussing how
to build a new city on the north side of 1-10 that is unlike existing
Palm Desert, because policy direction would be critical in considering what's
possible there.
Mayor Pro Tem Benson agreed that the City needed to know how the Ralph
Anderson & Associates study came up with what they feel will be generated
out of that annexation. That was the only thing she thought the Council was
looking at, agreeing that Palm Desert should know whether or not to support
Cathedral City, which is a separate issue.
Councilman Tanner wondered why a committee should be formed to take
this next step to "operate out of the box" if it's already known that it fiscally
cannot be done.
Ms. Aylaian explained that the reason for forming a subcommittee would be
in order to consider new ideas, i.e., what would be allowed in the new
territory that is completely different. Input from policymakers would be
necessary.
Councilman Tanner reiterated that it needed to be known whether or not it's
fiscally responsible for Palm Desert to consider annexing Berger Foundation
property and all the way down.
Ms. Aylaian stated that issue was studied as recently as a year ago, and the
answer was no. Therefore, if the intent was to find out how to make it
possible, then ideas were really needed on what the City can do as far as
fiscalization of land use.
Councilman Tanner disagreed, adding the reason why was that Terra Nova
provided the study and did not include the Berger property.
23
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
wig
Ms. Aylaian pointed out that Terra Nova did study the Berger property a year
ago, and it looked at two scenarios, one of them going all the way to .g
Jack Ivey Ranch, and it came out at a $3.2 million deficit — coming out
somewhat better than when just looking at Sun City and the commercial
areas, including Berger.
Further discussion ensued amongst Councilmembers about the length of
time it would take to form the committee and study the issues. Councilmen
Tanner and Spiegel then pointed out that if LAFCO approves Cathedral
City's annexation, the issue was over.
MS. CRISTE responded to Councilman Tanner's issue, saying that there are
two ways to approach a fiscal analysis. Her firm looked at it as requested,
the same way that it would be looked at under LAFCO's standards if the City
were to annex, which is under existing land use designations. The
alternative way to look at a fiscal analysis is to look at what land use could
be applied that would flip the numbers. She said now that it's known that the
numbers are negative as they stand with existing land use designations, it
could be studied to find out what would be necessary in terms of land uses
to, at worst, neutralize the annexation or to provide a fiscally positive result.
It would analyze the same area of land from the opposing perspective. In
answer to question about doing this work for around the specified $29,000
range, she said if they didn't have to re -do the study, this can be done within
the cost that was outlined. However, she said it would not include Bermuda
Dunes; that would require a lot of analysis since they haven't looked at it at
all.
Upon question, Ms. Aylaian said MuniFinancial performed a study of
Bermuda Dunes in 2007.
In answer to Councilmember Weber's request for confirmation that
Terra Nova could do a study to show how annexation would work instead of
what is already known won't work, Ms. Criste said she could do this. Further,
she confirmed that Terra Nova can demonstrate what land uses would
generate sufficient revenues.
Ms. Aylaian sought clarification of the Council's intent, stating she
understood that it was looking for analysis, including the Berger Foundation
lands, all the way up to and including Jack Ivey Ranch, which State law will
require submitting an application for at the same time, but excluding
Bermuda Dunes.
Councilman Tanner responded that Bermuda Dunes was to be included. A
study was performed in 2007, and it may cost a bit more money, but if
LAFCO is going to say that Palm Desert has to look at that island of territory,
then it should be prepared.
24
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
Councilman Spiegel offered that the City may have a different set of
objectives as it looks at that area, such as curbs, gutters, etc.
Councilman Tanner agreed and felt Terra Nova should be asked to perform
a study that turns the land into, not what it's currently zoned, but what it can
be zoned to potentially bring in the needed revenues.
Councilman Tanner moved to, by Minute Motion: 1) Approve the subject contract
with Terra Nova Planning & Research, Palm Desert, California, to analyze a fiscal impact
analysis and plan for municipal services prepared by Ralph Anderson & Associates for
Cathedral City; and prepare a fiscal impact analysis for the lands currently in the northerly
portion of the Palm Desert Sphere of Influence, including Bermuda Dunes, Sun City, and
the commercial areas between 38th Avenue and Interstate 10, fiscalizing land uses where
possible to increase General Fund revenue; 2) study the potential financial impact of
annexing areas adjacent to but outside of the Palm Desert Sphere of Influence west to
(and including) Jack Ivey Ranch, including alternative land use designations that would
make potential annexation revenue -neutral; 3) appropriate $29,110 plus a 10%
contingency (totaling $32,021) from Unobligated General Fund Reserves to Account
No. 110-4470-412-3090 for the subject contract. Motion was seconded by Spiegel.
MR. BERNHEIMER noted that there's been a lot of discussion regarding
Cathedral City's timing in the annexation process. Two weeks ago he
attended a presentation at the Thousand Palms Community Council where
LAFCO Executive Officer George Spiliotis discussed the timing and process.
He went on to say that Cathedral City has not yet submitted a formal
application, and Mr. Spiliotis stated that once an application is filed, the
fastest they could do an annexation was four months. In all likelihood, Mr.
Bernheimer felt it was probably twice that amount of time (six to eight
months), reiterating that the application has not yet been filed. Additionally,
he related that there were about 100 people in attendance at that meeting,
where the only people in support of Cathedral City's annexation of Thousand
Palms were the five Community Council Members, one of which came to the
Council's last meeting and spoke very positively about it. He said every
other speaker in that audience was against the annexation; therefore, it's
probably an uphill battle with the residents in Thousand Palms, and its
Council didn't seem to be in lockstep with them. He concluded by saying
that there's not the luxury of years to work on this issue, but conversely, the
Council doesn't have to do something in 30 days either.
Mayor Pro Tem Benson called for the vote on the motion, and it carried 3-1, with
Benson voting NO and Harnik ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
J. REQUEST FOR APPROVAL OF AN INCREASE TO THE RESIDENT GOLF
RATE AT DESERT WILLOW GOLF RESORT TO $48.00 BASED ON THE
CONSUMER PRICE INDEX (CPI).
Mr. Alvarez stated Desert Willow Golf Rates were set back in Fiscal Year
1996-1997 when the Resident Golf Rate was set at $45.00/round, and it has
remained unchanged over the last 16 years. Desert Willow averages
approximately 85,000 golf rounds/year, with 20,000 - 25,000 of those being
Resident Rounds. He said the current cost per golf round was approximately
$76.00, utilizing the total golf -related expenses divided by the total number
of annual golf rounds. In order to assist in offsetting rising operational costs
of water, energy, materials, labor, and equipment, staff proposed a minor
adjustment to the Resident Golf Rate. The subject proposal would increase
the Resident Rate from $45.00 to $48.00 per round, using the annual
Consumer Price Index (CPI) from March to March, and using 2010 as the
baseline year. If City Council adopts the requested resolution for this
purpose, the Resident Rate would be adjusted annually as well, using CPI
and utilizing whole -dollar amounts only. He referred to page 2 of the
accompanying written staff report, which outlines the CPI increases
beginning with the 2010 base year and the whole -dollar increases totaling
$3.00 over the last three years. As part of this request, staff is also
proposing a 10% discount at Desert Willow Golf Resort Restaurant for
residents with a Resident Card for the residents and up to five of their guests
on a trial basis over the next fiscal year.
Councilman Spiegel stated if the Resident Rate was proposed to go up every
year based on CPI, it needs to be voted on by City Council each year. He
added that he has no issue with the $48.00 rate; however, he felt Desert
Willow would then be losing money by offering the food discount.
Councilmember Weber stated she was opposed to the increase. By her
calculations, the additional $3.00 rate increase for the 20,000 - 25,000
Resident Rounds would generate approximately $50,000 - $60,000 of
revenue. She said that meant there were about 66,000 non-resident rounds,
and if their rate went up slightly instead of increasing the Resident Rate, this
would compensate for whatever increase is needed, asking why the Resident
Rate needed to be increased at this time. Further, she understood that the
rate experienced a great deal of fluctuation throughout the year based on the
time, hotel purchases, size of group, discounted periods, etc. She suggested
making the rate a bit more consistent overall instead of having residents pay
more, as her understanding was the whole purpose of having Desert Willow
was to be an amenity for Palm Desert residents. Therefore, it didn't make
sense to raise the Resident Rate while giving visitors and outsiders all the
fluctuation in rates.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
Mr. Alvarez responded that it was a matter of making minor adjustments in
order to keep up with the CPI and increases in costs of utilities, labor,
insurance, etc. Responding to question about the green fees for non-
residents, he said in the peak season (January - April), the peak rate is
around $185.00/round, adding that Desert Willow General Manager
Rich Mogensen could provide further information.
MR. RICH MOGENSEN, General Manager, Desert Willow Golf Resort,
provided an overview of the process. He said rates set for Desert Willow
were based on supply and demand, as well as season, considering the highs
and lows of that fairly short period of time when there is opportunity to
maximize the amount of revenue taken in. He added that they've been
fortunate in the past to experience some great revenues, and they've been
historically very aggressive with rates. However, in recent years, specifically
after about 2008, the marketplace became very competitive in terms of rates
for groups and other portions of Desert Willow's business mix. He noted that
the Resident Rate represents 27% of overall rounds year to date. While fully
recognizing residents' issues with this, he said in comparing it to any other
business that hasn't increased the cost of doing business for 16 years, those
costs have escalated dramatically during that time. For instance, average
minimum wage has gone up to $8.00, and right now the State is considering
making it $9.25 in a proposed bill. He noted that in looking at the rates all
other cities charge competitively, Indian Wells continues to be the lowest
resident rate at $35.00, but with only a 5,000 population base; Palm Springs
is at $50.00. In response to question about those cities' rack rates, he said
they're all comparable to Desert Willow, depending upon the club, and can
range anywhere from $165.00 - $205.00 (PGA in La Quinta). Therefore, he
said Palm Desert is very competitive and went on to give resident rates at
other cities, including La Quinta at $55.00, Rancho Mirage is $65.00; and
they have all made adjustments to those rates over the years. He reiterated
that Palm Desert Resident Rates represent 27% of the business mix in a
very competitive environment, particularly the last three years. There are so
many increased costs that have been passed along to all the other visitors
coming to town, he said it's getting very difficult to make up that difference
by charging everyone else when there's a lot of other discounting as well.
Upon inquiry about how much the 10% discount program is expected to cost,
he felt the 10% portion of this proposal was a bit questionable, only because
it basically equals the increase being contemplated in the Resident Rate.
Depending on how many rounds next year, he believed the Resident Rate
increase will probably represent $60,000 - $65,000; discount on the food and
beverage side will represent the same amount if everything remains equal.
He said it was hoped that by offering the 10% discount to Resident Card
holders, there would be additional food and beverage business, meaning
there would be some marginal potential benefit. However, the margins in
food and beverage are around 10% in the dining area, so there wasn't
necessarily a gain in profitability, but it would provide something back to the
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
residents. Further responding, he said the food and beverage discount
wouldn't have to be done. The City could just go ahead and raise the rates, Iwo
since he wasn't particularly in favor of the 10% discount, but it was up to City
Council.
Responding to Councilmember Weber's question about how much the City
is subsidizing Desert Willow currently, Mr. Gibson said the City's General
Fund has loaned Desert Willow $500,000. Additionally, any capital
improvements to be done at the golf course will now be borne by the General
Fund due to Redevelopment being gone. That's when the subsidies will be
going to the golf course — between the loan given and any infrastructure
improvements upcoming. Further responding, he said the golf course breaks
even currently for revenues versus expenses; the loss would be experienced
going forward when the General Fund has to pick up 100% of all needed
improvements at the facility. Formerly, Redevelopment picked up some of
those costs, and over time it may become more of a struggle to contribute
General Fund money to cover. He anticipated the courses having to be
redone approximately every 10 years, which is an inherent process for this
enterprise, along with pumping station repairs/replacements and other
infrastructure needs.
Councilman Spiegel moved to: 1) By Minute Motion, approve a Resident Golf Fee
Rate increase from $45.00 to $48.00 for Fiscal Year 2013-2014 based on actual CPI,
utilizing 2010 as the base year, without a food and beverage discount program, and direct
that future Resident Golf Fee Rate increases come before City Council for approval;
2) waive further reading and adopt Resolution No. 2013 -18, establishing a Resident Golf
Rate Adjustment from $45.00 to $48.00 based on annual CPI to $48.00 for Fiscal Year
2013-2014. Motion was seconded by Benson.
Councilman Tanner said he agreed with eliminating the 10% discount
proposal, urging keeping the golf reasonable for those who play but don't
utilize the food and beverage so much.
011110
oil
Mayor Harnik commented that one thing the City would like to do is introduce
more people to Desert Willow, even non -golfers who might go there to dine,
and whatever can be done to generate such interest would be a good thing.
She was aware that the Club had enjoyed success with its "Wine Nights" and
other special events. While she understood that the food may not be much
of a profit center, the beverage segment may be more so. Further, she
couldn't think of anything else in the last 16 years that hasn't gone up in
price, and now only a $3.00 increase was being sought. When compared to
the costs involved in running a golf course — water, fertilizer, seed, fuel,
infrastructure — everything has gone up considerably, certainly more than all
the interest on the increase from $45.00 to $48.00. She added that for those
paying the $185.00 top rate per round, it was vital to maintain Desert Willow ad
in top form for those golfers who are happy to do so and feel they've had a
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
great golf experience, which, in turn, helps the City offer the $48.00 rate for
residents. She emphasized that maintaining Desert Willow was absolutely
critical to having the green fees, albeit with some fluctuation.
Councilmember Weber stated she would vote against the motion to increase
the Resident Rate, as she felt it was something that needed more discussion
in the future — how much the City will be willing to subsidize, as things have
clearly changed a great deal and will need more in-depth analysis rather than
just raising the rate.
In answer to question about whether or not Desert Willow offered a "Happy
Hour," Mr. Mogensen said it was not offered, per se. He added that since
they do not offer dinner service generally, only special events, it's not
offered. It wasn't felt to be something many locals would frequent. Although,
he said they do have a lot of golfers that stay after their rounds.
Mayor Harnik called for the vote on the motion regarding the Desert Willow Golf
Resort Resident Rate, and it carried 4-1, with Weber voting NO.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT
NO. C32210 FOR THE DESERT WILLOW RESERVOIR COVER
REPLACEMENT PROJECT (PROJECT NO. 861-12).
Mr. Greenwood noted that this is one of those "major maintenance" items
discussed during the previous item on the agenda. He said Desert Willow
uses reclaimed water for most of its irrigation, stored in an on -site reservoir
upon which the cover had become ripped, and a contract was let for
replacement. During that project, it was discovered the liner underneath the
waterline was also severely failing, to the point that it cannot be repaired and
must be replaced. Therefore, staff was seeking approval for a Change Order
on the current replacement cover contract to also include a replacement
reservoir liner.
Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1
in the total amount of $149,938.60 to the subject contract with Layfield Environmental
Systems Corporation, Spring Valley, California; 2) authorize the transfer of $26,047.80
from contingency to base for this purpose; 3) approve a 21 calendar -day time extension
to the contract; 4) authorize the Mayor to execute Change Order No. 1 — funds for the
remaining balance of Change Order No. 1 ($123,890.80) are available in Course and
Grounds Expenses Account, No. 441-4195-495-8092. Motion was seconded by Benson.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
In answer to Councilmember Weber's question, Mr. Greenwood said there
is only one reservoir at Desert Willow. Further, he said within the past few
meetings City Council has awarded a contract to replace the cover over the
water reservoir; the subject item is adding a Change Order to that contract
to replace the liner under the water. He went on to say there have also been
recent pump projects at Desert Willow and other projects involving the
irrigation system, but this is the only item regarding the reservoir.
Mayor Harnik called for the vote on the motion to approve to approve Change Order
No. 1 to Contract No. C32210, and it carried 5-0.
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL TO THE CITY COUNCIL FOR REVIEW
OF THE PLANNING COMMISSION ACTION APPROVING CONDITIONAL
USE PERMIT (CUP) 12-231, ALLOWING A NEW VERIZON 68-FOOT
WIRELESS TELECOMMUNICATIONS MONO -PALM AND NEW
EQUIPMENT SHELTER LOCATED AT TEMPLE SINAI, 73-251 HOVLEY
LANE WEST, Case No. CUP 12-231 (Verizon Wireless, Applicant)
(Eitan Hedram, Appellant).
Assistant Planner Kevin Swartz reviewed the printed staff report provided
with the agenda packets, noting that the Planning Commission's March 19,
2013, approval of the Verizon Mono -palm included having the Applicant add
four to five live palm trees, ranging in size from 35 - 50 feet, working with
staff and the adjacent residents on their placement. He referred to an aerial
map displayed on the overhead projector, illustrating that the mono -palm
would be located directly in front of the Temple's main entrance —
approximately 200 feet away from residents to the east, 400 feet from
residents to the north, 465 feet from the west, 385 feet from the south.
Mr. Hedram, one of the residents to the east, appealed the Planning
Commission's decision to City Council, requesting that the mono -palm be
relocated on site. Today Mr. Hedram met with staff and Councilmembers in
three different meetings; his main concern is to push the mono -palm as close
to the building as possible. In the last meeting today, Councilmember Weber
came up with a good solution to remove the existing 50-foot palm tree in the
middle of a grouping in the location, place the new mono -palm in that spot,
then work with staff and residents to place the four to five palm trees around
the mono -palm. The Applicant has agreed to this solution, and it has also
satisfied Mr. Hedram per his voice message. Therefore, staff recommended
City Council modify the Planning Commission's approval of CUP 12-231 to
remove the existing live 50-foot middle palm tree and replace it with the
proposed 68-foot Verizon Mono -palm, with all the remaining conditions of
approval to stay the same. Upon inquiry about being able to reuse/relocate
the 50-foot palm tree in the same configuration, Mr. Swartz felt this would
be appropriate.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
Mayor Harnik was pleased that a compromise solution had been found.
�.., However, she expressed concern that once the mono -palm was placed in
the new configuration, it would be right next to the sidewalk and then become
more exposed. She believed it would be better camouflaged if palm trees
were able to be placed all the way around it. If the mono -palm was moved
out away from the sidewalk slightly, the 50-foot palm would screen one side
and the others could be placed around it. She felt at least five palms would
be required. Additionally, she felt that City Landscape Manager
Spencer Knight should be involved to make sure the best possible
configuration, health, and growth rate of the specimens is taken into
consideration for the best result for all the neighboring residents.
Mayor Harnik declared the public hearing open and invited testimony SUPPORTING
or OPPOSING Case No. CUP 12-231.
MR. PAUL PARRY, Avenida Estrada, Palm Desert, said his property backs
up to the Temple, and he wasn't as much concerned with aesthetics of the
project as he was interference with his television and cell phone reception.
He added that he'd previously written a letter to the City to this effect; and if
there is going to be interference, asked Council to deny the application.
MR. MIKE HAYES, Spectrum Services, Authorized Agent for Verizon
Wireless, answered that with regard to interference issues, cell frequencies
are different than television frequencies or anything else, and it would not
create any interference. He went on to say that all cell companies have their
own frequencies; therefore, the only thing that would be affected is
enhancement to the Verizon Wireless frequencies. He said it would not
impact any of the others.
MR. HAL GRAHAM, Avenida Estrada, Palm Desert sought clarification about
his own cell service frequency that isn't Verizon.
MR. HAYES provided assurance that every company (i.e., T-Mobile, AT&T)
has its own set of frequencies, and there is no overlap or interference.
MR. EITAN HEDRAM, Appellant, Centennial Circle, Palm Desert, thanked
the Mayor and Councilmembers for their help with mitigating the conflict felt
by the 24 nearby residences. He was hopeful it can all be worked out to
everyone's satisfaction.
MR. LARRY BEAN, Palm Desert, said he lived down the street from this
project and wanted to make sure it was known the sidewalk at issue was at
least 60 yards from the public street and not a public sidewalk.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
Mayor Harnik confirmed that City Council was talking about the sidewalk
adjacent to the Temple and trying to make the best possible solution for ..r
everyone.
With no further public testimony offered, Mayor Harnik closed the public hearing.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2013 - 19, reaffirming the Planning Commission's action and approving Case
No. CUP 12-231, as amended to include Applicant's relocation of one existing 50-foot palm
tree in the group where the mono -palm will be installed, working with staff and the
residents for addition of three to five live palm trees around the mono -palm for visual relief.
Motion was seconded by Benson and carried by 5-0 vote.
B. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING
COMMITTEE'S FISCAL YEAR 2013-2014 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS,
FIVE-YEAR CONSOLIDATED PLAN, AND ONE-YEAR ACTION PLAN.
Ms. Riddle stated staff was seeking a continuance of this item to the May 23
Meeting in order to complete work on the Five-year Consolidated Plan.
Mayor Harnik declared the public hearing open and invited testimony SUPPORTING
or OPPOSING the CDBG matter.
Councilman Spiegel moved to, by Minute Motion, continue this public hearing to the
meeting of May 23, 2013. Motion was seconded by Tanner and carried by vote of 5-0.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meetina Summaries for the Period of April 15 - 26,
2013.
Mr. Wohlmuth noted the Meeting Summaries included in the agenda
packets and offered to answer any questions.
With City Council concurrence, the Summaries were received and filed.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
1. Fire Department
None
2. Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. City Council Requests for Action:
a) Palm Desert Charter Middle School Canopy— Councilman Spiegel
referred to The Desert Sun article today about the remodel of
PDCMS. He said it indicated that a canopy for the lunch area had
been made too small, resulting in some of the children now having to
sit in the sun in the hot weather. Therefore, he'd asked Ms. Riddle to
look at the situation to see if any of the City's CDBG Capital Funds
could be used for this purpose to assist in obtaining a larger canopy.
b) Zonina Ordinance Update Study Session - Drive-throuahs — Mayor
Harnik observed that during today's earlier Study Session regarding
the Zoning Ordinance Update and some of the new regulations to be
considered, it felt that there needed to be a City Council
Subcommittee to do further work on the possibilities of drive -through
features for restaurant establishments. She volunteered to serve on
this subcommittee and asked if one of her colleagues would be willing
to serve with her.
Councilman Spiegel nominated Councilmember Weber to also serve.
With Council concurrence, Councilmember Weber and Mayor Harnik were
appointed to serve on the Subcommittee for Review of Restaurant Drive-throughs.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
2. City Council Consideration of Travel Requests and Reports:
None
3. City Council Committee Reports:
a) SCAG General Assembly & Annual Conference — Mayor Harnik
noted that she and all her colleagues participated in last week's
SCAG General Assembly and Annual Conference held in
Palm Desert at the J. W. Marriott Desert Springs Resort & Spa. She
added that the City was very honored to receive an award there for
the Carlos Ortega Villas Housing Project.
4. City Council Comments:
a) Optimist Club - Palm Desert Seniors of the Year Luncheon —
Mayor Pro Tem Benson said she attended yesterday's Luncheon on
behalf of the Mayor where both a boy and a girl in the Palm Desert
High School Senior Class are recognized as "Seniors of the Year."
She related that she was very impressed with three of the young men
who came to the Luncheon dressed in suits and ties. Further, she
was particularly moved after speaking with one who said he was going
to attend College of the Desert, transfer to UCLA, and after receiving
his law degree, planned to return to Palm Desert to give back to the
community. She added that he wanted to be an elected official of
some sort in order to do this. Then he was named the male "Senior
of the Year." She said for the Optimists to recognize such a fine
student with such worthy ambitions certainly epitomized their
objectives.
Mayor Harnik noted that Councilmembers take turns going to the
monthly "Students of the Month" breakfasts, which were also very
special occasions.
b) Council Office Repainting — Councilmember Weber expressed
thanks to staff for repainting her office at City Hall. She was very
pleased to have the former interesting green motif replaced with
white; it made the area much brighter, and she was very happy.
Responding to question, Mr. Greenwood said the thanks could be
directed to Cyril Snake, one of the City's Building Maintenance
Workers, agreeing that he's an excellent painter.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013
5. Suggested Items for Future City Council Meeting Agendas:
None
XIX. ADJOURNMENT
On a motion by Spiegel, second by Tanner, and 5-0 vote of the City Council,
Mayor Harnik adjourned the meeting at 6:03 p.m.
ATTEST:
RA HE D. KLASSEN. I CLERK
CITY OF PALM DESERT, CALIFORNIA
N C. H A RNIK, MAYOR
35