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Home My WebLink AboutPrelim - CC - 05/21/09 DR�►FT PRELIMINARY MINUTES - ADJOURNED REGULAR - PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 21, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Jim Ferguson Mayor Pro Tem Cindy Finerty Councilman Richard S. Kelly 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 Stephen Y. Aryan, Assistant to the City Manager 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 Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs John Rios, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/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) None �� PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Properties: 73-545 EI Paseo (Gardens On EI Paseo, APN 627-261-006) 73-425 EI Paseo(EI Paseo Village, APNs 627-252-004, -005) Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: Davis Street Land Company 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 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA- Councilman Richard S. Kelly VII. INVOCATION - Mayor Pro Tem Cindy Finerty VIII. ORAL COMMUNICATIONS - B None 2 �� PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF THE 2009 STUDENT ART & ESSAY CONTEST PAULA KROONEN AWARD TO JORDAN WAY. Mayor Spiegel explained that Kindergartener Jordan Way from Washington Charter School was unable to be in attendance when the school gave out the awards, and Mrs. Kroonen, who was instrumental in putting together the Art & Essay Contest, was present to give Jordan her award today. He said the essay was about "How I would change the world," and for the benefit of the audience, he paraphrased the essay and read the following: "Everyone should be nice to everyone, everyone should do for other people, and everybody should make this a better place to live." He said those were very good comments and thanked and congratulated Miss Way. Mrs. Paula Kroonen thanked and congratulated Miss Way for her participation and presented her with a certificate and "goodie bag." PRESENTATION OF AWARD OF EXCELLENCE TO THE CITY OF PALM DESERT. Mr. Pat Conlon presented an award that was given to the City of Palm Desert on Tuesday. A special ceremony was held in Downey, California where Southern California Gas Company presented to the City of Palm Desert the Award of Excellence for the City's Energy "Set to Save" Program and the Energy Independence Program (EIP). He said the ceremony was well attended with a lot of press coverage, and the City of Palm Desert was mentioned many times by name, which was very satisfying and gratifying. He noted the programs came from the direction of the City Council and the City Manager. B. PRESENTATION TO RECOGNIZE J. LEO SULLIVAN FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS HOUSING COMMISSION. Councilman Kelly stated the Housing Commission oversaw the operation of 1,200 affordable housing units, and as the liaison to the Housing Commission, he had come to know Mr. Sullivan well and thanked him for being an active member during his ten years of service. He said the City appreciated him for helping the City have the best affordable housing program in the State of California. 3 PRELIM INARY MINUTES �� ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 X. CONSENT CALENDAR A. MINUTES of the Special City Council Meeting of May 7, 2009, and the Regular City Council Meeting of May 14, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 220, 225, 232, 241, 246, 247, 250, 251, 252, and 253. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of March 18, 2009. 2. Parks & Recreation Commission Meeting of April 7, 2009. 3. Youth Committee Meeting of April 6, 2009. Rec: Receive and file. D. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Records from the Department of Building & Safety That Have Been Digitally Imaged (January 2009, February 2009, and March 2009). Rec: Waive further reading and adopt Resolution Nos.: 1) 09-30 - January 2009 Records; 2) 09-31 - February 2009 Records; 3)09-32 - March 2009 Records. E. REQUEST FOR AUTHORIZATION for the Mayor to Execute a Grant Deed to Reconvey Title to Land for a Portion of the Well Site Located at Fred Waring Drive/San Pascual Avenue Back to Coachella Valley Water District (CVWD). Rec: By Minute Motion, authorize the Mayor to execute a Grant Deed to reconvey title to the land encompassed by a portion of the well site located at Fred Waring Drive and San Pascual Avenue back to CVWD. F. REQUEST FOR AUTHORIZATION to Submit a Letter of Commitment to Participate Under the U. S. Department of Energy Clean Cities FY09 Petroleum Reduction Technologies Projects for the Transportation Sector. Rec: By Minute Motion, authorize the City Manager to submit the subject Letter of Commitment. 4 ' �� PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 G. REQUEST FOR AUTHORIZATION to Proceed with Bidding Process for the Eldorado Drive Median Landscape Renovation Project Between Country Club Drive and Hovley Lane East (Contract No. C28910, Project No. 942-08). Rec: By Minute Motion, authorize staff to proceed with the bidding process for the Eldorado Drive Median Landscape Renovation Project between Country Club Drive and Hovley Lane East. H. REQUEST FOR APPROVAL of the Purchase of Compressed Natural Gas (CNG) Fuel from Specific Vendors in an Amount Not to Exceed $40,000 for Fiscal Year 2009-2010. Rec: By Minute Motion, approve the purchase of CNG fuel for FY 2009-2010 in an amount not to exceed $40,000 from Clean Energy, Seal Beach, California, as the primary source, and from SunLine Services Group, Thousand Palms, California, as an alternative source — funds are available in General Fund Account No. 110-4331-413-2170. I. REQUEST FOR AWARD OF CONTRACT to UniFirst Corporation for Industrial Uniforms Rental and Laundry Service, and Related Supplies (Contract No. C28780). Rec: By Minute Motion: 1) Award the subject contract to UniFirst Corporation, Ontario, California, in the amount of $192.31/week for the rental of and laundry service for uniforms and other supplies; 2) authorize the Mayor to execute said contract—funds are available for this purpose in General Fund Account No. 110-4310-433-2140 for FY 2009-2010. J. REQUEST FOR ACCEPTANCE OF WORK for the Monterey Avenue Median Landscape Between Country Club Drive and Hovley Lane West (Contract No. C25430B, Project No.961-02)(Rock Bottom, Inc., Bakersfield, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 5 PRELIMINARY MINUTES �� ` ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 K. REQUEST FORACCEPTANCE OF WORKforthe Retention Basin Fencing Project (Contract No. C28050, Project No. 627F-08) (J M Justus Fence Company, Temecula, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR AUTHORIZATION to Streamline the Use of Original Equipment Manufacturer (OEM) Services by Approving OEM Maintenance Services Vendor List and Grant Exception to Bidding Requirements Per Section 3.32.090 of the Palm Desert Municipal Code for Fiscal Year 2009- 2010. Rec: By Minute Motion: 1) Approve and authorize staff to use vendors on the Original Equipment Manufacturer (OEM) Maintenance Services Vendor List identified in 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 FY 2009-2010. M. REQUEST FOR AUTHORIZATION to Streamline the Use of Vendors for Landscape and Irrigation Services and Supplies by Granting Exception to Bidding Requirements and Approving the Vendors and Qualified Service Providers List for Fiscal Year 2009-2010. Rec: By Minute Motion: 1) Grant an exception to the bidding requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for FY 2009-2010; 2) approve the list of Landscape and Irrigation Vendors and Qualified Service Providers identified in the accompanying staff report. N. REQUEST FOR AUTHORIZATION to Streamline the Use of Original Equipment Manufacturers(OEM)Traffic Vendor List and Grant Exception to Bidding Requirements as Provided for by Section 3.32.090 of the Palm Desert Municipal Code for Fiscal Year 2009-2010. Rec: By Minute Motion: 1) Approve and authorize staff to use vendors on the Original Equipment Manufacturer (OEM) Traffic Vendor List identified in 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 FY 2009-2010. 6 ��' � `�� PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 O. REQUEST FOR AUTHORIZATION to Streamline the Use of Various Vendors and Qualified Services by Approving the Maintenance Services Vendors and Qualified Services List and to Grant Exception to Bidding Requirements as Provided for by Section 3.32.090 of the Palm Desert Municipal Code for Fiscal Year 2009-2010. Rec: By Minute Motion: 1) Approve and authorize staff to use vendors on the Maintenance Services Various Vendors and Qualified Services List as identified in 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 FY 2009-2010. P. REQUEST FOR AUTHORIZATION to Release Maintenance Bond for Precise Plan No. 05-14 (Palm Desert Associates, Applicant). Rec: By Minute Motion,authorize the City Clerk to release the Maintenance Bond for Precise Plan No. 05-14. Q. REQUEST FOR AUTHORIZATION to Release the Maintenance Bond for Parcel Map No. 34843 (Pacific Pointe Partners, Inc., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Maintenance Bond for Parcel Map No. 34843. R. REQUEST FORAPPROVAL of Performing Arts Contract in Conjunction with Palm Desert's 2009 Independence Day Celebration (Contract No. C28920). Rec: By Minute Motion, approve the subject contract with Steve Madaio in the amount of$7,500 to provide instrumental and vocal entertainment in conjunction with Palm Desert's 2009 Independence Day Celebration on July 4 and authorize the Mayor to sign the contract as presented —funds are available in Account No. 110-4416-414-3061. S. REQUEST FOR APPROVAL of Contract with Pyro-Spectaculars by Souza for Fireworks Display at Palm Desert's 2009 Independence Day Celebration (Contract No. C28930). Rec: By Minute Motion, approve the subject contract with Pyro-Spectaculars by Souza, Rialto, California, in the amount of $35,148 for professional staff and pyrotechnic supplies and services for the Annual Independence Day Celebration scheduled to be held on July 4, 2009, and authorize the Mayor to execute same—funds are available in Account No. 110-4416-414-3061. 7 �� PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 T. CONSIDERATION of Action Taken by the Legislative Review Committee — AB 561 (Carter) —Assault and Battery. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 561 (Carter). U. CONSIDERATION of Action Taken by the Legislative Review Committee — AB 566 (Nava) — Mobile Home Park Conversion. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 566 (Nava). V. CONSIDERATION of Action Taken by the Legislative Review Committee — AB 715 (Caballero) — Publishing and Posting Requirements of City Ordinances. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 715 (Caballero). W. CONSIDERATION of Action Taken by the Legislative Review Committee — AB 720 (Caballero) — Housing Elements. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 720 (Caballero). X. CONSIDERATION of Action Taken by the Legislative Review Committee — AB 766 (Krekorian) — Speed Limits. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 766 (Krekorian). 8 �� ; � �m ,� � '; � �� PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 Y. CONSIDERATION of Action Taken by the Legislative Review Committee — AB 1042 (Carter) — Local Ordinances. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1042 (Carter). Z. CONSIDERATION of Action Taken by the Legislative Review Committee — AB 1084 (Adams) — Development Project Fees. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1084 (Adams). AA. CONSIDERATION of Action Taken by the Legislative Review Committee — AB 1192 (Strickland) — Powers of Cities. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1192 (Strickland). BB. CONSIDERATION of Action Taken by the Legislative Review Committee — SB 39 (Benoit) — Personal Liability Immunity. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to SB 39 (Benoit). CC. CONSIDERATION of Action Taken by the Legislative Review Committee — SB 476 (Correa) — Noncompliance Allegations. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 476 (Correa). 9 v+�, � A�i, !�d'�' 1 � ,'.g� "�; ...p-`5 �' � PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 DD. CONSIDERATION of Action Taken by the Legislative Review Committee — SB 560 (Ashburn) — Regional Transportation Plans. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to SB 560 (Ashburn). EE. CONSIDERATION of Action Taken by the Legislative Review Committee — SB 652 (Huff) — Direct Powers Agreements. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 652 (Huff). FF. CONSIDERATION of Action Taken by the Legislative Review Committee — SB 683 (R. Calderon) — Workers' Compensation. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 683 (R. Calderon). GG. INFORMATIONAL REPORT on Media Placements and Public Relations Activities as Provided by Nancy J. Friedman Public Relations. Rec: Receive and file. Councilman Kelly commented the City should look into having its own natural gas fuel station, because it currently purchased gas from two vendors as referenced in Item H of the Consent Calendar. Upon a motion by Ferguson, second by Kelly, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 10 4 �� PRELIMINARY MINUTES i�'"�� ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 XII. RESOLUTIONS A. RESOLUTION NO. 09-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 01-17 AND UPDATING THE CITY OF PALM DESERT PARKS AND RECREATION COMMISSION BYLAWS. Councilman Ferguson moved to waive further reading and adopt Resolution No. 09-33. Motion was seconded by Finerty and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF ACTION RELATED TO AMENDING THE CITY OF PALM DESERT'S ENERGY INDEPENDENCE PROGRAM (EIP) ADMINISTRATIVE GUIDELINES AND SETTING A PUBLIC HEARING THEREON FOR THURSDAY, JUNE 25, 2009. Mr. Conlon noted the staff report and offered to answer questions. Councilman Ferguson thanked the Audit, Investment, and Finance Committee for doing a thoughtful job in reviewing the guidelines. He said the program had been in operation for eight months, and the amendment was reflective of the minor changes that would normally be anticipated. He was glad the report came from a Committee that had more knowledge about these thing than the Council. Councilman Ferguson moved to waive further reading and adopt Resolution No. 09-34, declaring the intent to amend the City of Palm Desert's Energy Independence Program(EIP)Reportand Administrative Guidelines prepared pursuantto Section 5898.22 of the California Streets and Highways Code and setting a public hearing thereon. Motion was seconded by Finerty and carried by a 5-0 vote. 11 PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 B. REQUEST FOR AUTHORIZATION FOR STAFF TO SELECT WELLS FARGO BANKTO ASSIST THE CITY WITH PROCEEDINGS FOR A VARIABLE RATE BOND ISSUE TO PROVIDE FINANCING FOR THE CITY'S ENERGY INDEPENDENCE PROGRAM (EIP). Responding to question, Mr. Gibson said the amount of the bond was $5.5 million. Further responding, he said part of the funds will pay back the City loan, which meant the program was up to $10 million to date. Councilman Ferguson moved to, by Minute Motion, authorize staff to select Wells Fargo Bank to assist the City with financing bonds for the City's Energy Independence Program (EIP). Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF THE DEVELOPMENT OF AN "ARTIST SHOWCASE" CONCERT SERIES IN CIVIC CENTER PARK. Councilmember Benson stated it concerned her that this item was on the agenda because the City gave up having concerts in August, and this was not a nonprofit group. It was her understanding this group had performed in the park before, and the event was canceled because of the language they were using, which was not appropriate. She couldn't see the City spending $600 when the City may have to ask them to leave. Parks and Recreation Services Manager Janis Steele stated that last year Mr.Aaron White,who was an intern in the Public Works Department,wanted to do a concert series out in the park with local entertainers and vendors. It was presented to the Parks and Recreation Commission and received unanimous support. Last year, it was viewed as a park event rather than a City-sponsored event, which was why it wasn't brought to the Council. The event received good press, but it was canceled while she was out of town on vacation. She didn't receive any reports on it, so she couldn't respond to Councilmember Benson's question. This year, she's trying to go through the proper steps by presenting it first to the City Council. She plans to oversee the event in order to address some of the concerns mentioned. If approved, staff will sit down with Mr. White and Mr. Mike Aspell, who will be assisting with the event, to review the bands and have each group sign an agreement that would prohibit profanity language. She said staff will listen to all the lyrics before they perFormed. Mayor Pro Tem Finerty asked who will determine what profanity was. Ms. Steele agreed to oversee that aspect unless someone else offered to review the material beforehand. 12 � PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 Mayor Pro Tem Finerty asked about the type of security that would be provided. Ms. Steele stated Lt. Shouse had not been approached because staff wanted to obtain Council's approval first. She said Commissioner Schukart, who worked at College of the Desert, would like to work with the Explorers and have them volunteer for the event at no cost. Further responding, she said the Explorers would not have authority to arrest anyone, but they will be out at the park as a deterrent in uniform, similar to the Summer Concerts when the City had the Citizens on Patrol. She said staff would also be available, and they will call the police for assistance if necessary, Mayor Pro Tem Finerty asked if smoking was allowed and who would oversee that no one smoked. Ms. Steele replied that smoking would not be allowed, and staff will enforce it by telling people first, and if necessary, call for assistance from the police. However, nonsmoking signs are usually put up and announcements are made throughout the evening. Mayor Pro Tem Finerty questioned whetherthings might be different with this type of crowd and music versus the typical concerts in the park, which was mostly "G" rated. Ms. Steele stated she believed the concerts would be "G" rated, because it included Bluegrass and Dixieland bands. She said staff was not looking to do any punk rock but possibly Country Classic Rock geared toward the more mature audience. She said Mr. Aspell had such a band, and his group also had a sound technician on their staff. Further responding, she said no one was recommending rap music, and the list of prospective bands were listed in the proposal. If Council approved this event, she will obtain a complete list of bands for Council to review. Councilman Ferguson stated that in the past Council received a list with the names of the bands and/or what movies would be shown for Council's approval. Last year he received negative comments about the group and how it hardly qualified to be called a band that targeted 15-year olds. Many commented they couldn't believe Palm Desert would use this forum for this type of use. He wasn't a music censor, but he also didn't want to give the impression the City was into profanity with 15-year olds. Ms. Steele concurred. Mayor Pro Tem Finerty said the proposal listed prospective bands that included "psychobilly," which she had no clue what that was. 13 � .,4i �� '�`e� �4 PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 Ms. Steele replied she didn't bother creating a large list, because if the Council didn't approve the event, it wouldn't do any good to have brought that forward. She offered to provide a list of the bands with the lyrics to their music. She said staff was trying to provide a venue for local artists to bring music into this community, but she fully agreed with Council that profanity would be prohibited, and she too wouldn't want any bands that might be outside of censor. Mayor Spiegel commented that these bands were primarily amateurs trying to find their way and believed some would. He went on to say that the City had canceled the summer concerts for the regular attendees because of the hot weather, but this venue would offer something in the summer. He and Councilmember Benson will meet next week to try to put something together for September, October, and November when the weather was cooler for a Saturday or Sunday event. However, this venue was primarily for high school students. He suggested continuing this item. Councilman Ferguson moved to continue this item to June 11, 2009. Motion was seconded by Finerty and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF THE "FESTIVAL OF OPERA AND ARTS" IN CIVIC CENTER PARK ON APRIL 11, 2010. Councilmember Benson stated this was the type of event the City would like to see in the park, and the City waited a long time for the Palm Springs group to come out and do an Opera in the park and thought it was a good start with them. Councilmember Benson moved to, by Minute Motion: 1)Approve the request from "OperaArts" to partner with the City of Palm Desert to offer a "Festival of Opera and Arts" in the Civic Center Park on April 11, 2010, and waive Amphitheater fees; 2) waive Parks Staff fees for this event; 3) approve promotion of this event on the City's website and in a Bright Side article. Motion was seconded by Kelly and carried by a 5-0 vote. E. CONSIDERATION OF ORDINANCES ADDING CHAPTER 8.21 TO THE PALM DESERT MUNICIPAL CODE REGARDING THE REGISTRATION AND MAINTENANCE OF ABANDONED PROPERTIES. Mr. Erwin noted that the two Ordinances were identical, except that one was an Urgency Ordinance. He said considerable discussion had taken place at the staff level regarding the subject Ordinances, and due to the time entailed for staff to implement the registration aspects of the Ordinances, a consensus was reached to consider removing the "Registration" portion. He said the City's current system was working well with regard to homes in 14 � [�x� � �� ' . Sz:, s F;.., PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 foreclosure,which were not numerous. He requested removing the sections relating to registration and fee that were set forth in the proposed Ordinances, and also remove the word "Registration" from the title. Responding to question, he said Council could approve the proposed Ordinances as amended with the proposed changes. Councilman Ferguson moved to waive further reading and: 1) Adopt Urgency Ordinance No. 1184 as amended by four-fifths vote, adding Chapter 8.21 to the Palm Desert Municipal Code Regarding the Maintenance of Abandoned Properties; 2) pass Ordinance No. 1185 as amended to second reading, adding Chapter 8.21 to the Palm Desert Municipal Code Regarding the Maintenance of Abandoned Properties. Motion was seconded by Kelly and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF GRANT AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND FOOD IN NEED OF DISTRIBUTION, INC.(FIND),AND TO RELEASE FUNDS IN THE AMOUNT OF $850,000 FOR A WAREHOUSE FACILITY(CONTRACT NO. C28500). Councilman Ferguson stated that even though the City was in tight financial times, this agreement was pledged years ago with funds set aside, and the City needed to honor its commitment. Councilman Ferguson moved to, by Minute Motion: 1) Approve the subject Grant Agreement by and between the City of Palm Desert and FIND; 2) authorize the City Manager to execute same; 3) authorize the release of funds to FIND in the amount of $850,000 —funds are available in Fund 400. Motion was seconded by Kelly. Responding to question, Mr. Erwin stated the Agreement was for the purpose of a building, and funds would not be issued until the building was complete with a Certificate of Occupancy. MR. SAM HOOK, President of FIND stated it had strong intentions of closing on the building before the end of June 2009. Mayor Spiegel called for the vote, and the motion carried on a 5-0 vote. 15 ��V�� "� PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 B. REQUEST FORAPPROVAL OF SOLID WASTE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND BURRTEC WASTE AND RECYCLING, LLC (CONTRACT NO. C27410). Ms. Riddle stated there was an amendment to the Agreement under Section 4.7.6 relating to shredding events. She said Burrtec will provide two shredding events throughout the year as opposed to one at their facility. Councilman Kelly stated he was a representative on the committee that worked on this Agreement, and he couldn't recall that the City would be changing the Producer Price Index(PPI)from 50%to 100% and questioned what was the rationale. Ms. Riddle explained that given the City approved the change to 100% in the last Agreement, and with the price and rate staying the same, staff felt going to 100% was the right thing. Councilman Kelly stated that if approved, the rate will stay the same for six years at 100%. Ms. Riddle agreed, and pointed out that the City still had the lowest rate. Ms. Gilligan pointed out that in the consideration of new rates, staff will bring forward to the City Council the fact that 100% PPI was included when considering a rate increase for next year. She understood Councilman Kelly's concern, but the rate still had to be presented to Council every year, and the 100% PPI would be a factor in that. Councilman Kelly was concerned that there was no cap limit, because he recalled a time when the PPI was 15%. Even though it seem the PPI wouldn't go over 4%, three years ago the City didn't know it would have a recession. He wondered if a 5% cap should be placed. Ms. Riddle replied it was not something staff had considered, but she agreed to do so. Mayor Spiegel suggested continuing this item to allow staff and Burrtec to work together to establish a cap on the PPI. Mayor Pro Tem Finerty moved to continue this item to allow staff and Burrtec to negotiate a cap of 5% or less on the subject Agreement. Motion was seconded by Ferguson. 16 �� ,� .n �'` PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 MR. FRANK ORLETT, District Manager for Burrtec Waste and Recycling Services stated they were not opposed to a cap because the PPI was actually in the negative this year. He hoped the Agreement wouldn't be delayed, because the current one would end this month. He agreed to a 6% cap, which he thought was reasonable. Mayor Pro Tem Finerty counter offered a 5°/a cap. MR. ORLETT agreed to a 5% cap. He said Council had the authority to say yes or no to any rate increase whether it was 2%, 5%, or 10%with or without a cap, because it was based on Council approval as noted in the Agreement. Mayor Pro Tem Finerty amended her motion and moved to approve the Solid Waste Agreement between the City of Palm Desert and Burrtec Waste and Recycling, LLC, as revised to include two shredding events throughout the year. In addition, Agreement to include a 5% cap on the Producer Price Index (PPI). Motion was seconded by Ferguson and carried by a 5-0 vote. C. REQUEST FOR AUTHORIZATION TO REJECT BID AS NON- RESPONSIVE AND TO AWARD CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 1 TO TESERRA OUTDOORS (CONTRACT NO. C28670, PROJECT NO. 901-09). Councilman Kelly moved to, Minute Motion: 1) Reject bid from Midori Gardens, Santa Ana, California, as non-responsive; 2) award the subject contract for Landscape Maintenance Area No. 1 to Teserra Outdoors, Coachella, California, in the amount of $64,320; 3)include extra work and services at the specified contract amount, not to exceed $50,000; 4) authorize the Mayor to execute the contract—funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Motion was seconded by Finerty and carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 2 TO TESERRA OUTDOORS (CONTRACT NO. C28680, PROJECT NO. 902-09). Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 2 to Teserra Outdoors, Coachella, California, in the amount of $67,920; 2) include extra work and services at the specified contract amount, not to exceed $50,000; 3)authorize the Mayor to execute the contract—funds are available in General Fund Account No. 110-4614-453-3370- Repair/Maintenance Medians. Motion was seconded by Kelly and carried by a 5-0 vote. 17 ="`�'�*t: �,;'a,kj. g;,.. r�x,wm ea,�;�. � ��n� ,m PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 E. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 4 TO SIERRA LANDSCAPE COMPANY, INC. (CONTRACT NO. C28620, PROJECT NO. 904-09). Mayor Pro Tem Finerty moved to, by Minute Motion: 1)Award the subject contract for Landscape Maintenance Area No. 4 to Sierra Landscape Company, Inc., Palm Desert, California, in the amount of $93,144; 2) include extra work and services at the specified contract amount, not to exceed $50,000; 3) authorize the Mayor to execute the contract — funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Motion was seconded by Ferguson and carried by a 5-0 vote. F. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 6 TO TESERRA OUTDOORS (CONTRACT NO. C28690, PROJECT NO. 906-09). Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 6 to Teserra Outdoors, Coachella, California, in the amount of $84,396; 2) include extra work and services at the specified contract amount, notto exceed $50,000; 3)authorize the Mayorto execute the contract—funds are available in General Fund Account No. 241-4195-495-3320- Desert Willow. Motion was seconded by Kelly and carried by a 5-0 vote. G. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 7 TO TESERRA OUTDOORS (CONTRACT NO. C28700, PROJECT NO. 907-09). Mayor Pro Tem Finerty moved to, by Minute Motion: 1)Award the subject contract for Landscape Maintenance Area No. 7 to Teserra Outdoors, Coachella, California, in the amount of $54,624; 2) include extra work and services at the specified contract amount, not to exceed $50,000; 3)authorize the Mayor to execute the contract—funds are available in the respective Landscape and Lighting Assessment District Accounts. Motion was seconded by Kelly and carried by a 5-0 vote. H. REQUEST FOR AUTHORIZATION TO ACCEPT WITHDRAWAL OF THE LOWEST BID AND AWARD CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 9 TO TESERRA OUTDOORS (CONTRACT NO. C28710, PROJECT NO. 909-09). Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Accept withdrawal of the lowest bid from Kirkpatrick Landscape Services, Indio, California; 2) award the subject contract for Landscape Maintenance Area No. 9 to Teserra Outdoors, Coachella, California, in the amount of$118,728; 3) include extra work and services at the specified contract amount, not to exceed $50,000; 4) authorize the Mayor to execute the contract 18 �� a �t ac� �� .. � , �.'��. �' PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 — funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Motion was seconded by Kelly and carried by a 5-0 vote. I. REQUEST FOR AWARD OF CONTRACT FOR PARK MAINTENANCE AREA - NORTH TO TESERRA (CONTRACT NO. C28940). Councilmember Benson moved to, by Minute Motion, award the subject Park Maintenance Area - North Contract in the amount of $118,584 to Teserra, Coachella, California, plus extra work and supplies not to exceed $20,000 —funds are requested FY 2009-2010 in Landscape Maintenance Account Nos. 110-4611-453-3320 and 110-4611-454-3371. Motion was seconded by Finerty and carried by a 5-0 vote. J. REQUEST FOR AWARD OF CONTRACT FOR PARK MAINTENANCE AREA - CENTRAL TO TESERRA (CONTRACT NO. C28950). Mayor Pro Tem Finerty moved to, by Minute Motion, award the subject Park Maintenance Area - Central Contract in the amount of $113,400 to Teserra, Coachella, California, plus extra work and supplies not to exceed $20,000 —funds are requested FY 2009-2010 in Account Nos. 110-4611-453-3320 and 110-4610-453-3320. Motion was seconded by Kelly and carried by a 5-0 vote. K. REQUEST FOR AWARD OF CONTRACT FOR PARK MAINTENANCE AREA - SOUTH TO TESERRA (CONTRACT NO. C28960). Mayor Pro Tem Finerty moved to, by Minute Motion, award the subject Park Maintenance Area - South Contract in the amount of $73,404 to Teserra, Coachella, California, plus extra work and supplies not to exceed $20,000 — funds are requested FY 2009-2010 in Account Nos. 110-4611-453-3320 and 880-0000-239-9100. Motion was seconded by Kelly and carried by a 5-0 vote. L. REQUEST FOR APPROVAL OF THE LEGAL SERVICES SELECTION COMMITTEE TO REVIEW AND RECOMMEND TO THE CITY COUNCIL/REDEVELOPMENT AGENCY (RDA) BOARD THE SUCCESSFUL CITY ATTORNEY/RDA COUNSEL. Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Establish a City Council Legal Services Selection Committee to review and recommend to the City Council/RDA Board the successful City Attorney/RDA Counsel; 2) appoint the following five members and two alternates to serve on the Legal Services Selection Committee: Rob Taylor(retired Judge); Carlos Ortega (retired City Manager), Alternate Larry Parrish (retired Riverside County CEO); Mayor Robert A. Spiegel; Councilman Jim Ferguson,Alternate Councilman Richard S. Kelly; John Wohlmuth, City Manager. Motion was seconded by Benson and carried by a 5-0 vote. 19 ""�� !� .�,�' PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 M. REQUEST FOR AUTHORIZATION TO PURCHASE A FRAZER CNG (COMPRESSED NATURAL GAS) AMBULANCE MEDIC UNIT AND ASSOCIATED MAINTENANCE TRAINING COSTS IN THE AMOUNT OF $188,675 AND APPROVAL OF A SIX-MONTH CNG AMBULANCE MEDIC UNIT PILOT PROGRAM. Mayor Spiegel stated he understood the City will attempt to get reimbursed for some of the cost. Mr. Aryan responded the City applied for two grants, but unfortunately, they cannot be applied retroactively. However, the City can apply those funds for future purchases if it decided to move forward with the pilot program. Councilman Ferguson commented that Palm Desert will have the first CNG ambulance in the Nation. Mr. Aryan agreed, stating staff couldn't find any other fire department that had such a vehicle and believed the City should receive a lot of positive media attention. Councilman Ferguson stated he worked closely on this matter with staff and Mr. Richard Cromwell, and he understood the City would be getting a new chassis, new medic cab, and a CNG fuel tank, which must be assembled and certified with training from College of the Desert (COD). He noted Mr. Cromwell, who was quite familiar with CNG retrofits, had put in about 40 hours in helping the City with this request, and since Palm Desert would be the only one in the Country to have one, he proposed a $5,000 consulting contract to compensate Mr. Cromwell to get the ambulance assembled and certified with the training necessary. MR. RICHARD CROMWELL III clarified that two types of training's were being suggested. One part of the training would be conducted by College of the Desert, which required 46 hours of class time geared toward 15 people from CalFire, City of Palm Desert, and the Riverside County Fire Department; the goal was to have all three entities share in the cost. He noted Mr. Larry McLaughlin from COD was present to answer any questions as well. The second portion of the training dealt with BAF Technologies involving taking the engine out and installing a certified CARB-approved engine, which helped to be familiar with the product. It was his opinion that the success of SunLine with its CNG buses had a lot to do with the training that was provided. 20 �� {a �:$� .� fi ` >: PRELIMINARY MINUTES �' k ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 Councilman Ferguson moved to, by Minute Motion: 1) Authorize staff to issue a purchase orderto FrazerAmbulance in an amount not to exceed $188,675 plus applicable taxes — approximately $86,000 of funding is budgeted in Fund 530; 2) appropriate $102,675 from Fire Fund 230 forthe remaining costs associated with the CNG Ambulance Medic Unit and anticipated maintenance training; 3) authorize the City Manager to negotiate with the County of Riverside for joint participation with the City of Palm Desert in a College of the Desert CNG Maintenance Program estimated at$29,285; 4)direct staff to initiate a six-month pilot program for the CNG Medic Unit and return to City Council with its findings and recommendations for future procurement of CNG ambulance units and related infrastructure for the Palm Desert Fire Department; 5) authorize the City Manager to award a contract not to exceed $5,000 to Richard Cromwell for consulting/training services for the assembly and certification of the CNG ambulance. Motion was seconded by Finerty and carried by a 5-0 vote. N. REQUEST FOR AWARD OF CONTRACT TO ZUMAR INDUSTRIES, INC., FOR THE CITY OF PALM DESERT WAYFINDING SIGN PROJECT (CONTRACT NO. C28810, PROJECT NO. 526-09). Responding to question, Transportation Engineer Mark S. Diercks said the signs will be installed throughout the City of Palm Desert as noted in the map attached to the staff report, and the signs were about five feet. Councilmember Benson commented that she didn't know people weren't finding their way. Mayor Spiegel said people couldn't find the Visitor Center until the Farmer's Market set up there, but the market will close in June. Councilman Kelly moved to, by Minute Motion: 1) Reject the bid from Censource, Inc., Orange, California, as non-responsive; 2) award the subject contract for the Wayfinding Sign Project to Zumar Industries, Inc., Santa Fe Springs, California, in the amount of $53,834; 3) appropriate $53,834 from Unobligated Funds in the New Construction Tax Fund 231; 4)appropriate an additional $5,383.40 as a 10%contingency; 5) authorize the Mayor to execute the contract. Motion was seconded by Spiegel and carried by a 4-1 vote with Ferguson voting NO. 21 �}�� v, �� PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 XVII. PUBLIC HEARINGS A. REQUEST FORAPPROVAL OF THE DRAFT 2009-2010 NEIGHBORHOOD STABILIZATION PROGRAM (NSP) ACTION PLAN AND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND COUNTY OF RIVERSIDE FOR NEIGHBORHOOD STABILIZATION PROGRAM FUNDING (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Ms. Moore stated the Neighborhood Stabilization Program (NSP)addressed foreclosures in the City and special allocation of Community Development Block Grant(CDBG)funding through U.S. Department of Housing and Urban Development (HUD). She said HUD conducted an analysis with the County's help to identify the areas with the greatest need. Tier I funding was for cities that had large needs with an allocation of more than $1 million, and Tier II funding was for those cities in the County that had an allocation less than $1 million. In orderto apply,funding had to be in an application of more than $1 million. It was suggested, that the cities that had Tier II funding but didn't reach the $1 million allocation, combine together and complete a joint application. In order to do that, the City needs to enter into a Memorandum of Understanding (MOU)with the County as outlined by HUD. As presented, the City will consider an enhanced first-time homebuyer program with up to $75,000 in assistance, but only to purchase foreclosed homes, which would only eliminate housing from a foreclosed market. Mayor/Chairman Spiegel stated the City would be receiving $326,000, but not many people would benefit from the program if $75,000 was given to each home buyer that qualified. Ms. Moore agreed; however, that's how the City was allocated in this round. She said there are subsequent rounds of NSP, but they are competitive and not a direct allocation to the City, which will actually have to be applied for. She said staff, Code Compliance, and the Planning Department will look for projects that it may apply, but it required a minimum request of $5 million. Further responding, she said the Citywill only provide the amount necessary to make the house affordable under the definition of the law, but only up to $75,000 per home buyer. Mayor Pro Tem/Vice Chairman Finerty asked what types of strings were attached from the Federal Government. Ms. Moore responded the program will run similar to CDBG funding with reporting requirements on the lead agency, which was the County. The strings attached are less than what the State dictated for the City's own affordable housing. She said there was only a 15-year covenant for 22 a� ��'"+€��. ��` . .... .�:�..... . PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 affordability; the state requirement was 45 years. Funding was set up this way to encourage the elimination of the foreclosure and abandoned properties in the City. Mayor/Chairman Spiegel declared the public hearing open and invited anyone who wished to come forward to speak on the subject matter to do so at this time. With no testimony offered, he declared the public closed. Councilman/Member Kelly wondered if it was worthwhile for the City to go through the whole operation for the amount of money it would receive. Ms. Moore explained there were only five cities in the County that were not allocated more than $1 million, and if those five cities did not join together to apply for this funding, that money could revert to the County for use Countywide, which meant that if Temecula, Moreno Valley, or any of those areas needed the funding, it could go there. The cities that would like to participate are Palm Desert, Coachella, and Palm Springs; these cities want to keep the money in the Valley and approach this as a regional Coachella Valley effort, even though it would not help Palm Desert tremendously. She said Coachella had an allocation of more than $950,000, but they cannot apply unless they had a joint application of more than $1 million. Further responding, she said Palm Desert would technically be helping Coachella to obtain their funding, and Palm Desert would not be hurting other cities if it didn't participate. However, Palm Desert was approached by Palm Springs and asked by Coachella if it was willing to participate. Councilman/Member Ferguson believed the stature of Palm Desert would probably lend some gravity toward the application whether or not Palm Desert benefitted. He said it might cause staff extra paperwork with the City only receiving a small amount of money; however, he didn't view this as a bad thing. Councilman/Member Ferguson moved to waive further reading and adopt: 1) City Council Resolution No. 09-35, approving the draft 2009-2010 Neighborhood Stabilization Program(NSP)Action Plan; 2) Redevelopment Agency Resolution No. 559, approving the draft 2009-2010 Neighborhood Stabilization Program(NSP)Action Plan; By Minute Motion: 3) Approve the Memorandum of Understanding (MOU) between the City of Palm Desert and County of Riverside for NSP Funding (Contract No. C28970); 4) Authorize the City Manager/Executive Director to finalize and execute the NSP Plan and MOU Joint Agreement. Motion was seconded by Kelly and carried by a 4-1 vote, with Finerty voting NO. 23 ��, � PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Consideration of the Appointment of a City of Palm Desert Representative to the Riverside County Transportation Commission (RCTC). Mayor Spiegel congratulated Councilman Kelly for all his years of service at RCTC and for all he achieved for the City; Interchange at Cook Street and Interstate 10 and many others. He understood every City in the Valley had a Councilmember as a representative on the RCTC. Councilman Ferguson asked what was the expected requirement to serving on the RCTC. Mr. Wohlmuth responded the RCTC met once a month for their Commission meetings the second Wednesday of every month at 9:30 a.m. In addition, they have plans, programs, and budget implementation that potentially could be video conference back to Coachella Valley Association of Governments (CVAG) office. Councilman Kelly clarified there were two meetings a month. Members attend the main RCTC meeting, and one of the plans, programs, or budget meeting. The main meeting is at 9:30 a.m., the second Wednesday of the month. The second meeting is on Monday at 1:30 p.m. He said meetings ran from one to three hours depending on the subject matter and length of the public hearing, which were rare. Responding to question, he said other local representatives were Patrick Mullany, City of Indian Wells; Eduardo Garcia, City of Coachella; Ginny Foat, City of Palm Springs; Terry Henderson, City of La Quinta; Greg Pettis, City of Cathedral City. He noted Mayor Pro Tem Finerty was Palm Desert's alternate. Mayor Pro Tem Finerty stated she was unable to commit. 24 �'d�,� frrk.� f...:..:, . � PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 Councilman Ferguson nominated Mayor Spiegel as the City of Palm Desert Representative to the Riverside County Transportation Commission (RCTC). Mayor Spiegel respectfully declined, because he currently had too much on his plate and perhaps in another year he may consider. Responding to question about sending staff, Councilman Kelly said staff couldn't represent the City. He pointed out that attendance from the Coachella Valley was excellent and everyone was faithful, including the representative from Blythe, Councilman Kelly stated initially it was a seven-person Commission, and he was the representative for the Coachella Valley. When it changed to having a representative from every city, which he thought was a great idea, he tried to talk RCTC to having the Commission serve by region, so that the Coachella Valley would take care of its own business, but he was unsuccessful in that effort. RCTC decided to hold meetings by function, which meant everyone from the whole County had to have a representative at the meeting. Mayor Spiegel recommended the City Manager look into the possibility of getting RCTC to change the way they did business and provide video conferencing. He believed there were other members in the Valley that would prefer to drive to CVAG than drive to Riverside. Mr. Wohlmuth stated that when he worked at CVAG they attempted for months to video conference hall meetings, but there were challenges with the video conference facility in Riverside. However, he agreed to work with the new CVAG Executive Director to try to make that happen. Councilman Kelly stated that because of the way the cities were set up here in the Valley, CVAG controlled the transportation issues in the Coachella Valley, and there wasn't a decision made that didn't get stamped in Riverside. One of the reasons he chose to resign was that 90°/a of the business discussed had to do with Riverside, and he didn't like driving there to sit through three hours of western Riverside business. Mayor Spiegel agreed it was a good argument and suggested continuing this matter to the next meeting to allow the City Manager to work with CVAG for some type of video conferencing. Mr. Wohlmuth agreed. 25 � F�.c Wr�t* t: i� r �,,: �^..� �.r:.-. Jlw:... ,.. �,.. ... . PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 Councilman Ferguson asked if the City had a representative on the Palm Springs Desert Resorts Convention and VisitorsAuthority(CVA) Board. Mayor Spiegel responded he served on the CVA Board, and he was still attending. Councilman Ferguson stated that while Council was on the subject of serving on committees, he announced his resignation from the Legislative Committee because he hadn't been able to make a single meeting this year. Responding to question, he said the Legislative Committee met once a month on Tuesday. Mayor Spiegel volunteered to take Councilman Ferguson's place. With City Council concurrence, Councilman Ferguson's resignation from the Legislative Review Committee was accepted,with Mayor Spiegel agreeing to fill the vacancy. Councilman Ferguson stated he would consider serving on the RCTC if it was one meeting a month and staff drove into Riverside for the other one. Councilman Kelly suggested the City's Alternate, Mayor Pro Tem Finerty attend one meeting and Councilman Ferguson attend the other one. Councilman Kelly moved to appoint Councilman Ferguson to serve as the City of Palm Desert Representative to the Riverside County Transportation Commission (RCTC) with the agreement that Alternate Mayor Pro Tem Finerty would alternate and attend one of the bimonthly meetings. Motion was seconded by Ferguson and carried by a 5-0 vote. D. PUBLIC SAFETY o Fire Department None o Police Department None 26 �� .. � �1�� , � x'd PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Check Presentation to FIND - Mayor Spiegel requested an $850,000 check be prepared to present to Food In Need Of Distribution (FIND). He thought it would be beneficial for the Cityto make such a presentation and asked thatthe entire City Council be present when presenting the check to FIND . o City Council Committee Reports: 1. Riverside County Airport Authority - Councilman Kelly stated the Authority met yesterday, and a report was provided on how many airplanes had flown into the Jacqueline Cochran Airport. He said when a plane came from out of town, assistance in booking a hotel room and car rental is provided, and their records showed that last year they assisted with 1,700 hotel room nights, 5,000 days of car rentals, 10,000 meals, 500 cabs, and 100 limousines. He said the Jacqueline Cochran Regional Airport had an effect on the economy, and the interesting element was that in April 2009, their business was up over last year. o City Council Comments: 1. Councilman Ferguson reported he would be gone from June 1 through June 6, 2009. He was invited by the Government of France to explain how the City's AB 811 program worked and to debate on the side of the United States against the Europeans on whether government regulation should solve energy problems versus private industry; he will be taking the private industry side. He will also speak on a second day to attract investors to California into the AB 811 program. He said the entire event was by invitation and underwritten by the Government of France. He said 18 months ago, one of the City's objectives was to be recognized as a leader of energy efficiency, and the program had now received international attention. He said he would report on the event in June. 27 ��'�: �" " �,;.� . PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 2. Mayor Spiegel stated three Councilmembers attended the performance by the children that participated in the Lincoln Elementary After-School Program. He said the perFormances were outstanding; the program included ballroom dancing, a play, and interactive Lego presentation. He thanked Lincoln Elementary School and Senior Management Analyst Pat Scully for putting the program together. He said it showed what the after-school program the City supported can accomplish. Councilmember Benson added that in the evening news, Brian Williams reported on volunteers in Chicago who taught a student body of little kids how to dance, and they were all dressed up in their tux, which was similar to what was presented at Lincoln Elementary. XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 4:59 p.m. ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 28