HomeMy WebLinkAboutPrelim - CC - 06/25/09 IDR�4FT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 25, 2009
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Spiegel convened the meeting at 3:00 p.m.
II. ROLL CALL
Present: Excused Absence:
Councilmember Jean M. Benson Councilman Richard S. Kelly
Councilman Jim Ferguson arrived at 3:04 p.m.
Mayor Pro Tem Cindy Finerty
Mayor Robert A. Spiegel
Also Present:
John M. Wohlmuth, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, ACM for Community Services
Homer Croy, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
Patrick Conlon, Director of the Office of Energy Management
Paul S. Gibson, Director of Finance/City Treasurer
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS -A (CLOSED SESSION ITEMS)
Mr. Erwin introduced his grandson, Brian Anderson,who had been working with him
on his calls and meetings all week.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
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. 106, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Coachella Valley Economic Partnership
Under Negotiation: x Price x Terms of Payment
2) Property: Lease Property - Desert Willow Golf Resort -
38995 Desert Willow Drive, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Palm Desert Recreational Facilities Corporation
Under Negotiation: x Price x Terms of Payment
3) Property: APN 624-290-001
Negotiating Parties:
Agency: John M. Wohlmuth/Mark Greenwood/John Garcia/
City of Palm Desert
Property Owners: SMG 17, LLC
WGBK, LLC
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed
Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m.
V. RECONVENE REGULAR MEETING -4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE
UNITED STATES OF AMERICA - Councilman Jim Ferguson
VII. INVOCATION - Mayor Robert A. Spiegel
VIII. ORAL COMMUNICATIONS - B
PALM DESERT CHAMBER OF COMMERCE EXECUTIVE BOARD AND STAFF
addressed the City Council as the City's Five-star Accredited Chamber of
Commerce, presenting five-star T-shirts and lapel pins to each Councilmember.
Past Chair Mike Hardin explained that the Palm Desert Chamberwas accredited by
the U. S. Chamber of Commerce earlier this month, the second Chamber in the
State of California to receive the highest possible five-star rating. Additionally,
Palm Desert's was only the fifth Chamber to receive this rating in 15 Western
States; and one of 55 of the 6,900 Chambers of Commerce in the entire United
States to do so. The Board and staff offered special thanks to the City Council for
allowing the Chamber to operate from the Henderson Community Building. Facility
was one category measured in the accreditation process,and Palm Desert received
one of its highest marks here. The Chamber was proud to be working with the
City of Palm Desert to promote its business community.
Mayor Spiegel congratulated the Chamber of Commerce for its achievement and
a job well done.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF UPDATE ON FAMILY YMCA OF THE DESERT'S
SPRING ACTIVITIES.
Family YMCA Executive Director Rob Ballew commented hat these were
tough economic times for everyone, and he acknowledged the City's budget
review process, much like the one also being done by the YMCA. He was
pleased to be able to present a 1'/2-minute video of YMCA activities provided
to the community over the past several months and thanked the City for its
generous support. He said approximately 1,400 people attended the
combination Easter Egg Hunt and Healthy Kids Day in April, which focused
on fitness. The YMCA will continue concentrating on fitness in its many
program offerings to enhance family lifestyles. Most recently, 155 children
graduated from the City-sponsored YMCA Jean Benson Preschool, and the
City also helped sponsor a kids talent show held at Cal State
San Bernardino - Palm Desert Campus in the Indian Wells Theater.
Additionally,through a relationshipwith DesertSands Unified School District,
Palm Desert area high school and junior high students were given free
swimming lessons, with 48 learning to swim. He said 100 kids participated
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in the Abraham Lincoln ElementaryAfter-school Enrichment Program,where
the City's sponsorship is greatly appreciated. And currently, 155 kids are
attending YMCA Camp at Big Bear, most being from Palm Desert. Another
of the camps kids are participating in right now is "Project Runway," for 8-,
9-, and 10-year olds,where they make fun clothing and accessory items. He
presented a handmade, decorated denim purse from Project Runway to
Mayor Spiegel for Mrs. Spiegel.
B. APPOINTMENT OF PALM DESERT YOUTH COMMITTEE MEMBERS.
Mayor Pro Tem Finerty moved to, by Minute Motion, appoint Kevin Autran and
Jason Richard to the Palm Desert Youth Committee to fill the vacancies created by the
resignations of Katie Pawelczyk and Ryan Sheehy(terms 12/31/09). Motion was seconded
by Ferguson and carried by a 4-0 vote, with Kelly ABSENT.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 11, 2009.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 274, 278, and 279.
Rec: Approve as presented.
C. PUBLIC SAFETY COMMISSION MINUTES forthe Meeting of May 13, 2009.
Rec: Receive and file.
D. REQUEST FOR AUTHORIZATION to Streamline and Approve the Use of
Various Building Maintenance Services Vendors for Fiscal Year 2009-2010
by Granting Exception to Bidding Requirements Provided for by
Section 3.32.090 of the Palm Desert Municipal Code.
Rec: By Minute Motion: 1) Approve of and authorize staff to use vendors
specified on the Building Maintenance Services Various Vendors list
attached to the accompanying staff report; 2) grant exception to
Bidding Requirements as provided for by Section 3.32.090 of the
Palm Desert Municipal Code for Fiscal Year 2009-2010 for this
purpose.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
E. REQUEST FOR AUTHORIZATION to Seek Bids for Construction of the
Southern Ring Road E�ension at the California State University,
San Bernardino, Palm Desert Campus (Contract No. R28830) (Joint
Consideration with the Palm Desert Redevelopment Agency).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council/Agency discussion
and action.
F. REQUEST FOR APPROVAL of a Lease Agreement Between the City of
Indian Wells and the City of Palm Desert for Housing a Paramedic Unit at
Indian Wells Fire Station No. 55 (Contract No. C29100).
Rec: By Minute Motion: 1) Authorize the Mayor to execute a Lease
Agreement between the City of Indian Wells and the City of
Palm Desert to house a paramedic unit at Indian Wells Fire Station
No. 55; 2) approve the purchase and installation of an exhaust drop-
down at Indian Wells Fire Station No. 55, with cost estimated not to
exceed $3,579 and funds available in Fire Fund 230 for this purpose.
G. REQUEST FOR APPROVAL of an Amendment to the Contract with
Southwest Aquatics for Maintenance of the Civic Center Park Lagoon and
Entrada del Paseo Water Feature to Include the Eric Johnson Garden
(Contract No. C27821).
Rec: By Minute Motion, approve an amendment to the subject
Maintenance Contract with Southwest Aquatics, Palm Desert,
California, to include the Eric Johnson Garden in the amount of
$1,080 — funds are available in General Fund Account
No. 110-4614-453-3370.
H. REQUEST FOR AUTHORIZATION to Release Remaining Funds in Trust
Deposit No. 3310 to Cingular Wireless for Installation of Trees at Civic
Center Park (Cingular Wireless, Applicant).
Rec: By Minute Motion, authorize the Finance Department to: 1) Debit
Faithful Performance Account No. 610-0000-228-0600 in the amount
of $25,000 to release Trust Deposit No. 3310; 2) credit the
Reimbursements from Non-Government Parties Account
No. 110-0000-349-9400 in the amount of$5,272 for costs incurred by
the City associated with the relocation of trees in Civic Center Park;
3) reimburse the balance of funds released from Trust Deposit
No. 3310 in the amount of$19,728 to Cingular Wireless.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
Mayor Pro Tem Finerty requested Item E be removed for separate
action under Section XI, Consent Items Held Over.
Upon a motion by Ferguson, second by Finerty, and 4-0 vote of the City Council,
with Kelly ABSENT, the remainder of the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
E. REQUEST FOR AUTHORIZATION to Seek Bids for Construction of the
Southern Ring Road Extension at the California State University,
San Bernardino, Palm Desert Campus (CSUSB) (Contract No. R28830)
(Joint Consideration with the Palm Desert Redevelopment Agency).
Mayor Pro Tem/Vice Chairman Finerty stated she pulled this item because
a $1.5 million item was a large amount to have on the consent calendar.
Secondly, she had requested that the minutes be pulled because the staff
report suggested that the Redevelopment Agency had earmarked
$1.5 million to fund the project, but she was concerned about the lack of
landscaping. She said the City had a memo from the City Manager stating
that CSUSB was ready to go with the project, and she assumed funding was
in place because the work was scheduled to be completed by September 11.
However, it was a different story with the University of California, Riverside
(UCR), and she didn't know how much money was set aside. She invited
Ms. Carolyn Stark to answer some questions.
MS. CAROLYN STARK,Assistant Executive Vice Chancellor and Executive
Director of UCR- Palm Desert Graduate Center stated the UCR project was
on track with funds set aside. She said the same landscape architect will be
retained by Cal State in design contract. She said the project should be out
to bid by late July, and despite the State budget problems, she anticipated
no delays because funds were allocated from the current year's budget.The
contract is to be awarded by the end of August with work to begin soon after.
Responding to question, she said $125,000 was set aside.
Mayor Pro Tem/Vice Chairman Finerty stated she was informed the project
would cost $4.5 million.
MS. STARK stated that figure included the entire native landscape project,
which was nine acres, and it included the view corridor. The project
addressed this evening was the streetscape along Cook Street, which was
Cal State's responsibility, and the streetscape along Frank Sinatra was
UCR's responsibility. Responding to question, she said the balance of the
nine acres was still under project negotiation and Cal State and UCR felt
strongly to proceed, but given the budget situation, it will be delayed. The
streetscape project should take care of the immediate need for appearance
at the corner, which will include signage that both entities had allocated
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
funds for. She believed lighting would also be included forthe signage. The
nine acres behind that corner will be done on a more delayed basis. Further
responding to question about the time frame on the delay, she said she
couldn't answer at this time, but UCR and Cal Sate were as anxious as the
City to get it done, and they will proceed as allowed.
Councilman/Member Ferguson stated that UCR wouldn't be opposed if the
City held off going out to bid on Ring Road until the City had commitments
on the landscaping.
MS. STARK stated that doing the corner landscaping was a commitment on
their part as discussed several weeks ago in the study session. She said
Ring Road was an issue of safety with the u-turns that are necessary to get
into the campus.
Councilman/Member Ferguson stated landscaping had been discussed for
ten years, and promises had been made by Mr. Jandt and Ms. Stark and
every dollar that came in went vertical, and nothing got done with
landscaping. He would like to see Ring Road go through, but not until UCR
and CSUSB lived up to their commitment to do the landscaping.
MS. STARK replied that the current undertaking indicated a commitment for
the streetscape along Frank Sinatra and the corner.
Councilmember/Member Benson commented there was nothing on the
campus.
MS. STARK noted the streetscape on UCR was pretty much complete, it was
actually the corner landscaping that had irritated both Cal State and UCR, so
it was as urgent for them as it was for the City.
Mayor/Chairman Spiegel suggested going out to bid, but not award the
contract until the City was satisfied the proper thing was being done for
landscaping by both Cal State and UCR.
Mayor Pro TemNice Chairman Finerty asked how long would a bid be good
for if the City went out to bid.
Director of Redevelopment Martin Alvarez responded he believed the bid
would be good for 90 days.
Mayor Pro Tem/Vice Chairman Finerty stated 90 days wouldn't help the City
much, considering Ms. Stark couldn't provide a time frame.
Mayor/Chairman Spiegel asked if Cal State and UCR could present to
Council its plan and what it had under contract in 90 days.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
MR. FRED JANDT, Dean of the Palm Desert Campus, CSUSB, stated the
streetscape was already designed,the contract had been lead, and it will get
done; however, the remaining project was a multimillion dollar project to
which they had a design but no donors.
Mayor Pro TemNice Chairman Finerty stated when she first got involved in
one of the study sessions, she recalled hearing the money was set aside for
landscaping, but it was used for construction.
MR. JANDT said that was incorrect information. He said money was set
aside for landscaping along the street, but not for the view corridor.
Mr. Wohlmuth stated he wasn't the City Manager when the original
agreement happened, but he met with Ms. Stark this afternoon, and a
meeting will be set with Coachella Valley Water District (CVWD), UCR, Cal
State, and the City of Palm Desert to discuss the larger project, which he
believed can happen well within the 90 days.
Mayor Pro Tem/Vice Chairman Finerty moved to continue this item to a date
uncertain, pending results of the City Manager's meeting(s) with Coachella Valley Water
District and parties suggested by the City Manager. Motion died for lack of a second.
Mayor/Chairman Spiegel stated the City had been waiting a long time on the
landscaping, but a longertime on Ring Road. He said halfthe road was built
by the Berger Foundation and then it was left barren. The City then installed
a stop light that hadn't been activated on Frank Sinatra Drive. He said it was
dangerous to get into UCR because one had to make a u-turn on Frank
Sinatra Drive to get into the campus.
Mayor/Chairman Spiegel moved to, by Minute Motion, authorize staff to seek bids
for construction of a portion of the Ring Road at the California State University,
San Bernardino, Palm Desert Campus (CSUSB), connecting existing Berger Circle Drive
to Frank Sinatra Drive—funds of$1.5 million have been earmarked in the Redevelopment
Agency Budget, pending City Council satisfaction on the progress made by Cal State and
UCR on the funding of the landscape. Motion died for lack of a second.
Councilman/Member Ferguson suggested an amendment to Mayor Pro
TemNice Chairman Finerty's original motion to include that under no
circumstances will the City move forward on Ring Road until funding was in
place.
Mayor Pro Tem/Vice Chairman Finerty moved to, by Minute Motion continue this
item to a date uncertain, pending results of the City Manager's meeting(s) with all
interested parties and the understanding that under no circumstances wilt the Ring Road
be pursued until funding is in place for landscaping in its entirety.
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MR. JANDT asked that the scope of landscaping be addressed. In other
words, what was the minimum requirement the Council found successful.
Responding to question, he said several different models had already been
presented.
Mayor Pro Tem/Vice Chairman Finerty said it would be helpful if UCR and
Cal State met with CVWD and the City Manager and explain the constraints
with money; however,the City still needed something aesthetically pleasing.
She said perhaps some sort of partnership and ideas from CVWD would
come forward, and those ideas could be presented to the Council.
MR. JANDT asked if the Council was open to alternative models.
Mayor Pro Tem/Vice Chairman Finerty noted that Mr. Jandt had come up
with an e-write ticket of landscaping, which was great, but in this economy
it wasn't prudent to spend $4.5 million on landscaping.
MR. JANDT agreed, stating they were hoping to reach a consensus, and
again asked if the Council was open to other models.
Mayor Pro Tem/Vice Chairman Finerty answered yes.
Councilman/Member Ferguson seconded the motion, and it carried on a 3-1 vote,
with Spiegel voting NO and Kelly ABSENT.
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1187 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.91 -
ABANDONED SHOPPING CARTS - TO THE PALM DESERT
MUNtCIPAL CODE.
Councilmember Benson moved to waive further reading and pass Ordinance
No. 1187 to second reading. Motion was seconded by Finerty and carried by a 4-0 vote,
with Kelly ABSENT.
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B. ORDINANCE NO. 1188 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 15.06 -
ENERGY CODE - TO THE PALM DESERT MUNICIPAL CODE AND
REPEALING TITLE 24, SECTION 24.30 - ENERGY EFFICIENCY
STANDARDS.
Mayor Pro Tem Finerty moved to waive further reading and pass Ordinance
No. 1188 to second reading. Motion was seconded by Ferguson and carried by a 4-0 vote,
with Kelly ABSENT.
C. ORDINANCE NO. 1189 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 15.11 -
GREEN BUILDING - TO THE PALM DESERT MUNICIPAL CODE.
Mayor Pro Tem Finerty moved to waive further reading and pass Ordinance
No. 1189 to second reading. Motion was seconded by Ferguson.
Mr. Grance said staff was recommending a continuance due to the
cancellation of the Study Session, which had to do with the Sustainability
Plan. Responding to question, he said the Green Building Ordinance was
part of the whole Sustainability Plan, and if the Study Session had taken
place, he would have pointed out several issues that were of concern to staff,
which were brought up at the Build Environment Team (staff workshops).
There are three issues, and the most important one was that the proposed
Green Building Standard of 2008 was under revision at the State level. He
received an advance copy of those revisions, and the Code was drastically
changed in its context, and if the City moved forward in adopting something
of this nature, it will have a brand-new one next year. The Build Environment
Team recommended adopting this Code, but instead of it being a voluntary
Code, which it is was as published by the State, it was being revised and
recommended as a mandatory document.
Mayor Pro Tem Finerty stated the new Green Building document needed to
be reviewed in concert with the Sustainability Plan. Mr. Grance concurred.
Mayor Pro Tem Finerty moved to continue this item to a date uncertain. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
For Adoption:
A. ORDINANCE NO. 1186 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING FIRST
AMENDMENTS TO THE DEVELOPMENT AGREEMENTS RELATING TO
THE EXPANSION OF SAKS 5T" AVENUE AT THE EXISTING GARDENS
ON EL PASEO AND FOR THE EL PASEO VILLAGE REMODEL Case
Nos. DA 07-03 and DA 07-04 Amendments#1 (Davis Street Land Company,
Applicant).
Mayor Pro Tem Finerty moved to waive further reading and adopt Ordinance
No. 1186. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly
ABSENT.
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION FOR STAFF TO PURCHASE
REPLACEMENT CHINA AND SERVICEWARE FOR DESERT WILLOW
GOLF RESORT.
Mr. Alvarez stated that staff provided a sample of the china that would
replace the old material at Desert Willow. Staff recommended the Council
allow the City Manager to go out to bid in an amount not to exceed $52,000.
He offered to answer questions.
Councilmember Benson stated the first sample was pathetic,and the second
one was a little better, but she would like to see a Desert Willow logo in the
middle of the plate.
MR. RICHARD S. MOGENSEN, General Manager of Desert Willow,
responded it was certainly a possibility, but staff was working with the
constraints of the budget. He agreed to consider looking at alternatives and
returning at a future date.
Mayor Spiegel agreed and suggested continuing this item until a sample
could be provided with the Desert Willow logo.
Councilmember Benson suggested a Desert Willow logo on the plates and
on some of the bigger dishes, and a "DW" on the silverware.
MR. MOGENSEN agreed to return with alternatives and appropriate logo
design for Council to review.
Councilmember Benson stated the Council didn't want to go over budget, but
nothing "cheap" had ever been done for Desert Willow, and it was no use to
start now.
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Mayor Pro Tem Finerty said the City wanted to attract the wedding reception
crowd with something that was aesthetically pleasing. She recommended
a reserve be set aside, because five or ten years from now, replacements
will again be needed.
Mayor Pro Tem Finerty moved to, by Minute Motion, authorized: 1) Setting aside
$52,000 from FY 2008-2009 Capital Budget for Desert W illow Budget for purchase of china
and serviceware; 2) continuing the matter to the meeting of August 27, 2009; 3) staff to
establish a reserve fund for such future replacement purchases. Motion was seconded by
Ferguson and carried by a 4-0 vote, with Kelly ABSENT.
B. REQUEST FOR APPROVAL OF AGREEMENT BETWEEN THE CITY OF
PALM DESERT AND COACHELLA VALLEY WATER DISTRICT (CVWD)
FOR THE SMART WATER METERING PROJECT (CONTRACT
NO. C29110).
Councilman Ferguson moved to, by Minute Motion approve subject agreement
between the City and CVWD forthe Smart Water Metering Project, and authorize the City
Manager to execute the agreement — funds are available in General Fund Account No.
110-4614-453-3915 - Special Program - Water Conservation. Motion was seconded by
Finerty and carried by a 4-0 vote, with Kelly ABSENT.
Mayor Pro Tem Finerty noted that funding of the Smart Water Meter project
in the amount of$20,000 had already been approved by the City Council on
June 11, 2009.
C. REQUEST FOR APPROVAL OF CONTRACT WITH OFFICE DEPOT FOR
CITYWIDE GENERAL OFFICE SUPPLIES (CONTRACT NO. C29120).
Mayor Pro Tem Finerty moved to, by Minute Motion, approve the subject contract
with Office Depot for a one year period,with two possible one-year extensions. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT.
D. REQUEST FOR REVIEW AND APPROVAL OF OUTSIDE AGENCY
FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR
2009-2010.
Councilmember Benson moved to, by Minute Motion: 1) Approve award of
charitable contributions in the total amount of $233,000 to the agencies named in the
accompanying staff report, with associated restrictions and conditions; 2) authorize the
Mayor to execute agreements with said agencies for awarded funding. Motion was
seconded by Finerty and carried by a 4-0 vote, with Kelly ABSENT.
Responding to comment, Mr. Gibson said that CVEP was unrelated to
Outside Agency Funding.
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E. REQUEST FOR AWARD OF CONTRACT TO BEST CONTRACTING
SERVICES IN THE AMOUNT OF $83,628 FOR THE CORPORATION
YARD RE-ROOFING PROJECT (CONTRACT NO. C28850).
Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Reject AAA Roofing by
Gene, Inc., bid as non-responsive; 2)award the subject contract for Corporation Yard Re-
roofing Project to Best Contracting Services, Gardena, California, in the amount of
$83,628; 3) authorize an additional $8,362.80 as a 10% contingency for the project;
4) authorize the Mayor to execute said contract — funding is available in the Building
Maintenance ReserveforCity-owned FacilitiesAccount, No.450-4164-415-4001,setaside
for major maintenance projects on City-owned Buildings. Motion was seconded by
Ferguson and carried by a 4-0 vote, with Kelly ABSENT.
F. REQUEST FOR AWARD OF CONTRACT TO DATELAND
CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $83,914 FOR
THE CIVIC CENTER PARKING LOT REHABILITATION PROJECT
(CONTRACT NO. C28890).
Councilman Ferguson asked which parking lot was being rehabilitated.
Project Administrator Ryan Gayler responded the asphalt in front of the
Sheriff's station was breaking up, and it will be replaced with a new base and
new asphalt. Additionally, a section next to the Civic Center park will also be
rehabilitated. Further responding, he said it was not an overlay but a
rehabilitation, because the base will be removed and replaced, and the last
time it was done was ten years ago.
Mayor Pro Tem Finerty agreed that if not maintained, the City would later
have bigger problems.
Mayor Pro Tem Finerty moved to, by Minute Motion: 1)Award the subject contract
forCivic Center Parking Lot Rehabilitation Projectto Dateland Construction Company, Inc.,
Indio, California, in the amount of $83,914; 2) appropriate $83,914 to Account No.
400-4313-433-4001 from Unobligated Fund 400; 3) transfer budget in the amount of
$83,914 from Account No. 110-4313-433-3320 (Parking Lot Maintenance) to Account
No. 110-4199-499-5010 (Transfer Out Account); 4) transfer the funds from the General
Fund to Fund 400; 5) authorize the Mayor to execute the subject agreement — funding
available in the Capital Reserve Account, No. 400-4313-433-4001. Motion was seconded
by Ferguson and carried by a 4-0 vote, with Kelly ABSENT.
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G. REQUEST FORAWARD OF CONTRACT TO HARDY AND HARPER, INC.,
IN THE AMOUNT OF $834,000 FOR THE FRED WARING DRIVE
OVERLAY PROJECT (CONTRACT NO. C28900).
Mr. Gayler explained that this project included three separate segments
starting at the Intersection of San Pascual, and there are three segments
between that point and Highway 111. He noted a vicinity map was included
in the staff report. He said the worst section was in front of City Hall on San
Pablo to San Pascual. Further responding, he confirmed funding was
available in the Capital Reserve Account, and the plan was to start as soon
as possible.
Mayor Pro Tem Finerty moved to, by Minute Motion: 1)Award the subject contract
for the Fred Waring Drive Overlay Project to Hardy and Harper, Inc., Santa Ana, California
in the amount of$834,000; 2)allocate $200,000 from Account No. 400-4311-433-4001 to
the subject project; 3) appropriate $634,000 to Account No. 400-4311-433-4001 from
Unobligated Fund 400; 4) transfer budget in the amount of $634,000 from Account
No. 110-4311-433-3320(Street Resurfacing Account)to Account No. 110-4199-499-5010
(Transfer Out Account); 5) transfer the funds from the General Fund to Fund 400;
6)authorize the Mayor to execute the subject agreement—funding available in the Capital
Reserve Account, No. 400-4311-433-4001. Motion was seconded by Benson and carried
by a 4-0 vote, with Kelly ABSENT.
H. CONSIDERATION OF A REQUEST BY COLLEGE OF THE DESERT FOR
ENDORSEMENT OF ITS DRAFT POLICY ON SUSTAINABILITY
STEWARDSHIP.
Mayor Pro Tem Finerty stated that since she didn't know what the City's
sustainability program would look like, it was difficult for her to endorse any
plan at this point.
Councilman Ferguson stated he read the plan and thought it was very well
thought out. He hoped the City's plan would be similar because College of
the Desert's plan made a lot of sense.
Councilman Ferguson moved to, by Minute Motion: 1)Approve a request by College
of the Desert (COD) for endorsement of their Draft Policy on Sustainability Stewardship;
2)direct the City Manager to prepare correspondence to COD, indicating the City Council's
endorsement of COD's Draft Policy on Sustainability Stewardship and include staff and
City Council's (if any)recommendations concerning this document. Motion was seconded
by Spiegel and it carried by a 3-1 vote, with Finerty voting NO and Kelly ABSENT.
14
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
XV. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF THE DEVELOPMENT OF AN "ARTIST
SHOWCASE" CONCERT SERIES IN CIVIC CENTER PARK (Continued
from the meetings of May 21 and June 11, 2009).
Councilman Ferguson moved to, by Minute Motion, withdraw this request from the
agenda. Motion was seconded by Finerty and carried by a 4-0 vote, with Kelly ABSENT.
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION
DECISION, DENYINGACONDITIONALUSE PERMIT(CUP)TOOPERATE
ASHORT-TERM RENTAL IN AN R-1 SINGLE-FAMILYZONE LOCATEDAT
77-040 UTAH CIRCLE Case No. CUP 09-180 (Lisa Theodoratus,
Appl icant/Appel lant).
Principal Planner Tony Bagato stated this request was before the Planning
Commission where the Applicant requested a Conditional Use Permit(CUP)
for a short-term rental, which is the ability to rent the home for less than 30-
days periods. He displayed the vicinity map to show the home location in
Palm Desert Country Club off of Utah Circle. The homeowner had been
operating as a short-term rental for the past two years, and it came to the
City and Fire Department's attention when there was a noise complaint filed
in July of 2008. The Police Department has verified there have been no
further complaints since that time. He said staff added conditions to the
proposal that no parties would be allowed.When the property ownerwas out
of town, she had a local real estate person/rental agency to oversee her
property. Staff felt that with the conditions proposed,which were compatible
with the neighborhood,staffwas recommended that the City Council reverse
the Planning Commission decision. Responding to question, he confirmed
the house was on a cul-de-sac and the Planning Commission vote to deny
the request on a 4-1 vote. Further responding, he confirmed the City's
policy for 30 days or more.
Mayor Pro Tem Finerty asked if staff was recommending the Council vote
against it's own policy.
Mr. Bagato explained that because the property was in the R-1 Zone, staff
had no way to address short-term rentals in the past. The City required a
CUP, in the R-1 Zone only, to be able to rent. In the past, the Planning
15
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Commission approved the ones that were not problematic. However, the
ones that had a proven history of party homes like the one in Ironwood and
Joshua Tree were denied. He said short-term rentals are allowed under a
CUP, as long as they can be compatible with the neighborhood.
Mayor Spiegel declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter.
MS. LISA THEODORATUS, Applicant, stated that Palm Desert was a
residential and vacation resort community, and as such, it had a tremendous
amount of tourist coming from all over the world, which brought the City
much needed tax dollars. She asked the Council to recognize the potential
of the Transient Occupancy Tax (T.O.T.) revenues for the City by making it
easier for homeowners to rent responsibly on a short-term basis and approve
her request for a CUP. A home of her size would probably bring in an
additional $2,000 to$3,000 a month in T.O.T. revenues. In the past she had
been doing long-term rentals, but due to the economy, it was no longer
feasible for her occupants. Her usual occupants are one couple and most
often from Canada. This situation has put her in a severe bind, because she
has not been able to rent her home. She was running into a huge dilemma
by having to refer people to other homeowners who are renting their house
anyway without being required to pay the tax for the CUP. She said there
was one complaint filed last year, but during that period there was no one but
her at the house for a two-month period. She said the complaint was done
by a reporting party with very little information on it. She has always tried to
be extremely responsible as noted in a letter by one of her neighbors who
lived two doors down. She has provisions in her contract that if there was
any noise or party, that the renter would be evicted immediately.
Mayor Pro Tem Finerty asked the Applicant why she didn't rent out the unit
full-time since she lived on San Rafael.
MS.THEODORATUS replied she lived on San Rafael and started renting out
several years ago when the economy was turning. She is a small business
owner who was able to afford her home on Utah Circle as a vacation
residence without having to rent it. However, she was now in a position
where she needed extra revenue from that house during the time she was
not utilizing it.
MS. CAROLE BENFORD stated she lived on Tennessee Avenue,which was
not far from the subject home. She personally didn't know of any problems
there, but there are a number of houses that are available for rent in the
area. There are a number of absentee owners that might want to rent, and
she would be concerned that a CUP was granted every time someone had
a financial difficulty, because she could lose the residential bedroom
community, which was a concern for her.
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MS. MARIE SCHMIDT stated she was a member of the Palm Desert
Planning Commission and noted the Commission deliberated on this
extensively and arrived to the conclusion that it was establishing a somewhat
dangerous precedent in a residential area knowing full well that there are
short-term rentals in and about the area that are not permitted. It seemed
dangerous to the Commission to extend a CUP, which ran with the property
and not with the present owner. She said it was somewhat surprising to her
that staff would recommend reversing the Planning Commission's decision,
which she thought was not a good idea. She hoped the Council would uphold
the Planning Commission's decision.
With nofurthertestimonyoffered, MayorSpiegel declared the public hearing closed.
Mayor Pro Tem Finerty said she felt the integrity of the residential
neighborhoods needed to be preserved, and short-term leases were not
compatible with keeping them that way. Residential neighborhoods are not
meant to be hotels or timeshare, and in a sense, that's exactly what Council
would be allowing, which was a slippery slope. She too was surprised that
staff recommended overturning the Planning Commission when it was a 4-1
vote.
Mayor Pro Tem Finerty moved to, by Minute Motion, direct staff to prepare a
Resolution of Denial for presentation at the next City Council Meeting.
Councilmember Benson agreed with Mayor Pro Tem Finerty, stating she
sympathized with those affected by the economic downturn, but everyone
was affected. The City couldn't solve everyone's woes because they couldn't
make their house payment that they shouldn't have owned in the first place,
which was not the City's problem. She said if the Council allowed it in this
neighborhood, Palm Desert County Club, pretty soon it will spring up in other
places. The City had a bunch of rentals and second homes that the City will
eventually catch up to. Many modified their homes, and they are probably
sitting on pins and needles wondering when the City will get to them. She
said there was a lot the Council didn't know, and to go ahead and approve
this request, it will only encourage more to rent out their homes on a
short-term basis. She said short/term rentals destroyed neighborhoods. She
said the City had plenty of hotels and not all were expensive anymore.
Councilmember Benson seconded the motion.
Mayor Pro Tem Finerty stated that in these issues, it would be a good idea
for staff, especially in a 4-1 vote, to provide the Council with an option for
denial, instead of assuming the Council will go along with staff's
recommendation.
17
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
Mayor Pro Tem Spiegel had the same concern as Councilmember Benson
that a lot of homes were being rented on a two-, three-day, two-,three-week
basis without permission, and he didn't know how to put a stop to it.
Mayor Spiegel called for the vote, and the motion carried on a 3-0 vote, with
Ferguson and Kelly ABSENT.
B. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
UPDATING AND REVISING PALM DESERT MUNICIPAL CODE
SECTION 25.68 - SIGNS Case No. ZOA 09-104 (City of Palm Desert,
Applicant).
Principal Planner Tony Bagato stated the request was for approval to update
the Sign Ordinance, Chapter 25.68. Some of the reasons for the update
were that the Ordinance was originally adopted in 1975,and there have been
piecemeal updates since then,which led to an inconsistent document of the
Palm Desert Municipal Code. In 2007, a Signage Subcommittee comprised
of staff and business community members was formed to address the
outdated standards. The Committee addressed some of the wording that
was lengthy and unclear. Real estate signs were the first issue that came up
in 2007 from the business community because the standards were outdated
and too restrictive. Staff also had problems with signs facing the freeway.
He said from a real estate standpoint, the issue was that many of the
commercial Realtors were held to twelve-square feet if the building had more
than 200 lineal feet of frontage. However, the smaller buildings on Fred
Waring were held to three-square feet. Mr. Dick Baxley spoke on behalf of
many commercial Realtors in front of City Council, and he stated that the
current standards were outdated and too restrictive. The subcommittee went
out and looked at some of the signs that were causing staff concern, like the
ones that were showing up much larger, and also the ones with "riders,"
which are the add-on pop outs outside of the sign area. He said this type of
sign intends to draw attention to the site. He displayed a few samples with
up to three "riders"for Council to view, stating that due to the downturn in the
economy many more signs were appearing,which was creating clutter. The
Subcommittee came up with a standard of a one two-sided sign perfrontage,
which was the same today. However, the Subcommittee was looking at
increasing the size from a three-square foot to a maximum of a 6-square
foot, no matter how much of a frontage there was in front of the building. He
said the maximum was 6-square feet, which was the same today. He said
no riders would be allowed outside the 16-square foot radius, and a "rider"
could still be used, but it had to be within the main square and could not be
sticking out. He said signs could not be illuminated, which was the same
standard today. Freeway signs came up when the City reviewed an
Architectural Review case where a multi tenant business owner asked for his
sign to be located higher in the building for advertising. The ARC denied that
request and instead recommended that the signage be next to the roll-up
18
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
doors, which was later appealed, and again denied by the City Council.
However, the Applicant was invited to be part of the Signage Subcommittee
to help the City come up with new standards facing the freeway, because
previously there was no standard for illuminated signs. He displayed signs
with/without illumination, i.e. Costco, Closet Tailors, Kelly Paper Store, and
Desert Gateway. Taking all the samples into consideration, staff came up
with a proposal of a 12-inch high lettering with clean font style. However,
after going through the Signage Subcommittee and after the initial
discussions and approval of staff's recommendation,the commercial brokers
still felt it was too restrictive. He said they preferred to have larger and
illuminated signs. Staff went to the Planning Commission and it agreed that
16-inches can be the maximum allowed, depending on the length of the
name. Staff changed its recommendation to a 16-inch high lettering from a
12-inch high lettering. However, it was still recommending non-illuminated
signs to address City Council's concern from previous meetings. He noted
the business community was still seeking some type of illumination.
Councilmember Benson asked if all the signs had to be the same.
Mr. Bagato responded that the sign had to be the same size, but not
necessarily the same font.
Mayor Pro Tem Finerty stated the subcommittee had indicated that the signs
had to be a specific font, and she didn't know where it got changed to a clear
concise font. She asked if a picture was available of what was presented to
the Planning Commission on the 12-inch versus the 16-inch lettering.
Mr. Bagato showed a copy with a boxed area to indicate the size.
Mayor Pro Tem Finerty stated she would like to see a sample with a 16-inch
high lettering.
Councilmember Benson stated she would like to see the same print on the
back of the buildings.
Mr. Bagato stated it was discussed in the Subcommittee,and the trouble with
identifying a clearfont by Code was problematic because of copyright codes,
especially with trademarks, and fonts' changed all the time. The City
required that multi tenant businesses provide a sign program in this new
Code. If there are more than three tenants, the new Ordinance will be a tool
for staff because they can review the actual sign program for each
business/property owner, and they will need to identify the font type for that
building. Again, it would be problematic by Code if it's identified by type
because if the type changed, the Code would have to be changed.
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Mayor Pro Tem Finerty responded that the Code would then be changed,
because the Committee spent a lot of ineetings looking at different fonts and
signs, and it was clear about the font.
Councilmember Benson agreed,stating she wants to make sure the font was
in the Ordinance, so that the City didn't end up with some squirrel ly ones
and others with block letters.
Mr. Bagato stated the Ordinance states the Applicant needs to be clear and
not high-contrast font type. Staff could work with the wording that properly
identifies what the City Council was looking for, and staff can work with the
applicantwithout specifying a certain fonttype. Further responding aboutthe
lighting, he said staff was proposing non-illumination.
Mayor Spiegel stated almost everything was illuminated at night.
Mr. Bagato agreed, stating there was a concern that past signage was
leading to an unpleasant look along the freeway.
Mayor Spiegel stated he thought the lack of maintenance of the freeway with
regard to shrubbery was more unpleasant.
Mayor Spiegel declared the public hearing open and invited anyone who wished to
come forward to speak on the subject to do so at this time. No testimony was
offered.
Mayor Pro Tem Finerty suggested continuing this item because she needed
to see a picture of the 12-inch high lettering versus the 16-inch high. She
asked for staff to provide a demonstration of both fonts using the "Closet
Taylor" signage as a sample. In addition, the Planning Commission voted
to not have "Creative Signs" on a 4-1 vote, but staff again decided to have
them anyway. She said the Subcommittee was very clear on not wanting
creative signs because the City would then look like a circus, yet staff
allowed the signs to be 20% larger,which was also increasing the signs from
3x4 to 4x4. She requested a continuance until the Council received a
different staff report and a sample of the actual letters of the font size.
Mayor Pro Tem Finerty moved to, by Minute Motion, to continue this item to the
meeting of August 27, 2009. Motion was seconded by Ferguson.
Mayor Spiegel stated he would also like to revisit the lighting of the signs
along the freeway, because obviously at night one won't know what's there
if they're not illuminated.
Mayor Spiegel called for the vote, and the motion carried by a 4-0 vote, with Kelly
ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
C. REQUEST FOR APPROVAL OF AMENDMENTS TO THE CITY OF
PALM DESERT ENERGY INDEPENDENCE PROGRAM (EIP)
ADMINISTRATIVE GUIDELINES.
Mr. Conlon noted the staff report and outlined the following five items staff
recommended to be changed: 1)A Consent Agreement was required on all
loans $30,000 and higher. This was a consent agreement that the bank or
the holder of the first or second trustees had to sign as a condition of the
loan; 2) The maximum EIP contractual loan not to exceed $100,000, which
will allow the City to serve more people with its variable loan funds; 3) The
solar CSI rebates, SGIP, and Set to Save rebates can be deducted from the
amount of the loan. The homeowner/property owner had the option of
receiving the rebate themselves in cash or assign the rebate to the
contractor. The contractor can then provide a lower bid, and the City can in
turn fund the lower bid. The purpose of this is to serve more applicants with
EIP loans; 4) Fifty percent of EIP funds will be set aside for energy efficiency
improvements; 5) EIP applicant will be responsible for paying the title report
and title insurance package; the current fee is $360. He offered to answer
questions.
Councilman Ferguson stated that typically rebates are rewards for doing the
right thing and not mandatory buy-downs on loans for having done the right
thing. He also understood it took four to six months after the loan is
executed before the rebates are received. He didn't understand the logic
behind recommendation No. 3.
Mr. Conlon responded the logic was simple because the City had 290 people
on its interest list for the next round of EIP funding. He said the program will
have $2.5 million available for EIP loans, but it will not be enough to serve
the people who are interested. The purpose of the rebate is to give the
owner the flexibility to receive the rebate themselves, so that if they wanted
to buy down the loan, they could. Another option would be to assign the
rebate to the contractor, thereby funding a lower amount. He said there was
only so much EIP money to go around, and the City needed to serve as
many loan applicants as possible.
Councilman Ferguson asked if it was not Mr. Conlon's intention to seek
additional EIP funds.
Mr. Conlon stated the City would need to seek more funds because the next
round of EIP funds would be limited. Further responding, he said the next
item on the agenda was a request for an additional $5 million for EIP loans,
and out of that$5 million, $2.5 million would be returned to the City, and $2.5
will be available for EIP loans, but the City had 290 people on the waiting list.
21
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Councilman Ferguson stated the City had another lender waiting to loan the
City $2.5 million.
Mr. Conlon stated the program could use $30 million in loans. With regard
to the rebates, he said the program currently required the property owner to
assign CSI rebate to the solar contractor with the City lending money on the
lower solar contract. Staff proposed to do the same with the Set to Save
rebates.
Councilman Ferguson stated it irritated him to hear people say the program
was out of funds,when he knew for a fact it wasn't. He said the funding may
be stalled by Southern California Edison, but it was not out of money. In his
opinion, he didn't think people should be told the program was out of money.
Mr. Conlon agreed. He said the program was not out of rebate and
incentive funds. His point was that the program had a limited amount of EIP
funds to lend, and the proposed recommendations will make the EIP funds
go further.
Mayor Spiegel declared the public hearing open and invited anyone wishing to
address the City Council on this matter to come forward at this time. With no public
testimony offered, the public hearing was closed.
Mayor Pro Tem Finerty stated she had mixed emotion, because she wanted
to incentivize by allowing people to get back their rebate and also make the
EIP money go further for more people to enjoy, which was quite a quandary.
Councilman Ferguson stated he would move approval with the exception of
item No. 3, and instead leave it as is.
Mayor Pro Tem Finerty asked how much money was involved.
Mr. Conlon responded there was $5 million total, and $2.5 million would be
returned to the City to repay the General Fund, and $2.5 would be available
for loans. Further responding, he said a CSI rebate for a solar system was
the largest rebate,which could be between $12,000 and$18,000. Currently,
the solar contractors are assigned that rebate, and they deduct the rebate
amount off the cost of the solar system, and in turn the City funds a lower bid
for the solar system. Staff proposed to do the same with the Set to Save, but
they are smaller rebates. An air-conditioning system can have a rebate of
$1,000 to $2,000. He said the homeowner would have the option of
assigning that rebate to the contractor, if the contractor wanted to do the
paperwork, or the homeowner can apply and get the rebate. He said the
property owner was not being told they would not get a rebate.
22
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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
Councilmember Benson suggested trying it out for six months to see if it was
worth doing.
Mayor Pro Tem Finerty suggested a caveat that if a property owner received
$12,000 to a $18,000 back that they purchase a new air-conditioning unit or
install energy efficiency appliances.
Mr. Conlon responded the property owner could do whatever they wanted
with their rebate, but as to the caveat, he diverted that question to the City
Attorney.
Mr. Erwin said he didn't think that could be done.
Councilman Ferguson moved to, waive further reading and adopt Resolution No.
09-52, approving amendments to the Energy Independence Program Report and
Administrative Guidelines prepared pursuant to Section 5898.22 of the California Streets
and Highways Code, with the Guideline amended to eliminate the requirement that Solar
CSI, SGIP, and any applicable Set to Save Rebates be deducted from the contractual
assessment amounts on a six-month trial basis.
Mr. Conlon suggested a friendly amendment to continue to require the CSI
rebate, which was the larger rebate, to be assigned to the contractor.
Councilman Ferguson stated the State didn't make that requirement, so why
would the City do that.
Mayor Pro Tem Finerty stated the City would still be helping the funds go
further to serve more people because the funds would be split 50/50.
Mr. Conlon stated that staff proposed that the available funding forwhatever
phase of the EIP loans the program was in, that 50% of available funds be
set aside for energy efficiency. In phases I and I I, staff found that more than
70% of those funds went to solar, because it was so expensive. The only
criticism about the program is that people need air conditioning. Responding
to question about the rebates, he said the policy in place for phase II was
that the solar loans had the CSI rebate amount deducted from them, and
staff proposed to include the Set to Save rebate with the same requirement,
but if it was the wish of the Council to fund them through the EIP loan
process, the full amount of the contract and not deduct for any incentive, so
be it.
Mayor Pro Tem Finerty seconded the motion and it carried by a 4-0 vote, with Kelly
ABSENT.
23
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
D. CONSIDERATION OF THE AUTHORIZATION OF ISSUANCE OF THE
PALM DESERT FINANCING AUTHORITY'S ENERGY INDEPENDENCE
PROGRAM, VARIABLE RATE DEMAND LEASE REVENUE BONDS,
SERIES 2009 (FEDERALLY TAXABLE), AND APPROVAL OF RELATED
DOCUMENTS (JOINT CONSIDERATION WITH THE PALM DESERT
FINANCING AUTHORITY).
Mr. Gibson stated the Council requested this item go out to bid on a Request
for Proposal. A committee of nine members reviewed the bids, and the
recommendation of that committee was Wells Fargo. All the related
documents are presented for Council to move ahead, and if approved,
July 23�d would be the date that the bonds would be issued. Responding to
question, he confirmed the Audit, Investment and Finance Committee
reviewed this item and approved it unanimously.
Mayor/President Spiegel declared the public hearing o en and invited anyone
wishing to address the City Council/Authority Board on this matter to come forward
at this time. With no public testimony offered, the public hearing was closed.
Mayor Pro Tem/Vice President Finerty moved to waive further reading and adopt:
1) Financing Authority Resolution No. FA-63, authorizing the issuance, sale, and delivery
of the Authority's Energy Independence Program,Variable Rate Demand Lease Revenue
Bonds, Series 2009 (Federally Taxable); approving as to form and authorizing the
execution and delivery of certain documents in connection therewith; and authorizing
certain other matters relating thereto; 2) City Council Resolution No. 09-53, making a
finding of significant public benefit, approving as to form and authorizing the execution and
delivery of certain documents in connection with the sale and issuance of the Palm Desert
Financing Authority's Energy Independence Program, Variable Rate Demand Lease
Revenue Bonds, Series 2009 (Federally Taxable), and authorizing certain other matters
relating thereto. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly
ABSENT.
24
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
E. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND
EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL
YEAR 2009-2010 (JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING
AUTHORITY).
Mr. Wohimuth stated that after several study sessions, the attached
proposed budget was a balanced budget presented to Council/Agency for
approval.
Mayor/Chairman Spiegel declared the public hearing open and invited anyone
wishing to address the City Council on the proposed Financial Plan to come forward
at this time. With no public testimony offered, the public hearing was closed.
Mayor Pro Tem/Vice Chairman Finerty stated that in this economy the
Council would be approving a little bit better than a balanced budget and
appreciated everyone's hard work in those study sessions. She thought it
was important to adopt this budget because it will secure the stability of the
City's fiscal position.
Mayor Pro Tem/Vice Chairman Finerty moved to waive further reading and adopt:
1) City Council Resolution No. 09-54, adopting a City Program and Financial Plan for the
Fiscal Year July 1, 2009, through June 30, 2010; 2) Waive further reading and adopt City
Council Resolution No. 09-55, establishing the Appropriations Limit for FY 2009-2010; 3)
Waive further reading and adopt Redevelopment Agency Resolution No. 560, adopting a
Redevelopment Agency Program and Financial Plan for the Fiscal Year July 1, 2009,
through June 30, 2010; 4)Waive further reading and adopt Housing Authority Resolution
No. HA-40, adopting a Housing Authority Program and Financial Plan for the Fiscal Year
July 1, 2009, through June 30, 2010; 5) Waive further reading and adopt City Council
Resolution No. 09-56, setting the Salary Schedule, Salary Ranges, and Allocated
Classifications for FY 2009-2010; 6)By Minute Motion, approve the Out-of-State Travel as
listed in the accompanying staff report. Motion was seconded by Benson and carried by
a 4-0 vote, with Kelly ABSENT.
Councilmember/Member Benson noted City ManagerJohn Wohlmuth came
to the City at a precarious time and did an admiral job of cutting down the
budget and congratulated staff for working with him. She said the public
needed to know that none of the necessary services were cut, and services
will continue as usual.
25
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
Mr.Wohlmuth extended sincere appreciation to the Finance Department and
City Department Heads, who were largely responsible for developing and
presenting the City's balanced Budget for FY 2009-2010.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Request for Desiqnation of Voting Delegates and Alternate(s)for the
League of California Cities Annual Conference, September 16-18,
2009, San Jose.
Mayor Pro Tem Finerty nominated Mayor Spiegel.
Mayor Spiegel agreed to be the delegate, because he was the only
one attending the conference.
With City Council concurrence, appointed Mayor Spiegel as the City's voting
delegate at the 2009 League of California Cities Annual Conference, San Jose,
September 16-18.
D. PUBLIC SAFETY
o Fire Department
On behalf of the Palm Desert Fire Department, Chief Brooker
reminded all to have a safe and enjoyable Independence Day Holiday
on July 4, particularly with the City's public fireworks display that
evening. He also reminded everyone that personal fireworks were
prohibited in Palm Desert, even if they were purchased elsewhere
legally.
Mayor Spiegel added that the City's celebration begins at 7:15 p.m.
in Civic Center Park with entertainment,followed by the fireworks,and
everyone was welcome.
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x.'�'M'.. �".�• .t
..-�E . , � . ,
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports:
None
o City Council Comments:
None
XIX. ADJOURNMENT
With City Council concurrence, Mayor Spiegel adjourned the meeting at 5:28 p.m.
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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