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Home My WebLink AboutPrelim - CC - 09/24/09 � ��. A�T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 24, 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: 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 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 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 Dorian Cooley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) MR. BOB OKREN, Virginia Avenue, Palm Desert, addressed the City Council regarding continued deterioration of conditions at Palm Desert Country Club since its bankruptcy and closure. He implored the City Council to take all necessary steps to remedy the situation, particularly the upkeep of property that was critical to all residents there, citing Chapters 8.20 and 8.70 of the Palm Desert Municipal Code as a means of enforcing proper maintenance of the area. He indicated that he would be filing a Public Records Act Request to obtain copies of the logs and �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 related materials that City staff was obtaining during its weekly inspections of Palm Desert Country Club. IV. ADJOURN TO CLOSED SESSION Rec�uest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 43-825 Portola Avenue, Palm Desert (APN 622-200-057) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Option One Mortgage Loan Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) PDCC Development LLC, Petition for Bankruptcy, United States Bankruptcy Court, Central District of California Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Ferguson, second by Finerty, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:09 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 - Mayor Robert A. Spiegel VII. INVOCATION - Councilmember Jean M. Benson 2 � �' F�,��' PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 VIII. ORAL COMMUNICATIONS - B MR. ERIK LARSEN, Palm Desert, requested the City Council take action to ban all two-stroke leaf blowers in the City as a public health issue for residents and visitors alike. Mayor Spiegel asked Mr. Larsen to leave his contact information with City Landscape Manager Spencer Knight for further investigation into his request. MR. DOUGLAS GALLOWAY, Palm Desert,felt very strongly about and encouraged the City Council to incorporate interactive features for youth (slides, water spouts, etc.) as it considers design of a new aquatic center for the City. As a longtime coach and active participant in youth sports, he felt such features would make the center more family friendly, be a benefit for full-time residents, and an attraction for visitors to Palm Desert; whereas, an Olympic-sized swimming pool would not be enough of an attraction for the majority of people. MR. MIGUEL VIENES (sp?), representing Rosalio Plata and the Club Michoacano Purepecha, presented letters of appreciation to the City Council for its support of the Cultural Event at Civic Center Park on Friday, September 18. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE SUSAN MCMILLEN FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. On behalf of the City Council, Mayor Spiegel presented an engraved crystal clock to Ms. McMillen in appreciation for the time and input she provided to the Project Area No. 4 Committee during her four-year term. B. PRESENTATION OF PROCLAMATION DECLARING THAT THE CITY OF PALM DESERT'S NEW AFFORDABLE SENIOR HOUSING DEVELOPMENT FORMALLY BE NAMED "CARLOS ORTEGA VILLAS." On behalf of the City Council, Mayor Spiegel presented the framed proclamation to Mrs. Rose Mary Ortega in honor of her late husband and former City Manager, Carlos Ortega, noting his foresight and leadership were instrumental in Palm Desert's successful Housing Programs. 3 �� .,.� . ; �. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 C. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF OCTOBER 4-10, 2009, AS "FIRE PREVENTION WEEK" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel presented the proclamation to Battalion Chief Bill Hunley and noted that Fire Prevention was a very important issue in the City of Palm Desert. D. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 2009 AS "FIRE PREVENTION AND MINI-MUSTER MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel presented the proclamation to Mini-Muster Coordinator John Marman and related the City's great enthusiasm for the 17-year-old Program with its outreach of Fire Safety and Prevention. MR. MARMAN added that the Annual Mini-Muster Program was sponsored by the Historical Society of Palm Desert, which founded the Program that has now reached nearly 10,000 Palm Desert Third Grade students. Further, he extended appreciation for support from the Riverside County Fire Department and the City in this annual event. E. PRESENTATION TO THE CITY COUNCIL BY THE RIVERSIDE COUNTY MULTI-AGENCY"S.A.F.E."(SEXUAL ASSAULT FELONY ENFORCEMENT) TASK FORCE. Representatives Ron Garcia of the District Attorney's Office and Sgt. Lori Marquette of the Riverside County Sheriff's Department made a presentation to introduce and raise awareness about the S.A.F.E. Task Force in the County, specifically its outreach in Palm Desert, with a dedicated team for the Eastern Region of the County located at the Palm Desert Sheriff's Station under Sgt. Armando Munoz. Mr. Garcia said the 40 members of the Task Force that was initiated in October 2006 come from the Sheriff's Department, Probation, Corrections, State Corrections, Corona and Banning Police Departments, and it monitors all the "290" sex registrants (convicted of a sex crime) throughout Riverside County. As of May 2009,the Eastern Region Team has approximately 527 registrants; and of the 36 registrants in Palm Desert, all were in compliance. The Task Force provides Internet Safety Presentations for schools, churches, and service groups, and it also appears at various public regional events to provide information and educate families on how to use the Megan's Law website. Sgt. Marquette said that as a result of Megan's Law, the public can have access to the Internet to find out if there are any registered sex offenders within one's area and where they reside. She noted it was a lifetime 4 "�.� ,� �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 registration for an offender, with changes in jurisdiction, number of residences, and those with transient status all having to report within specific time frames, providing a good tracking system for the public and for law enforcement. She acknowledged Megan Kanka, for whom the law was named that allows public Internet access to information on sex offenders. Brochures about the Program, its website with various links, including Megan's Law were provided to the City Council and in the Chamber foyer for anyone interested in learning more. The Task Force includes a specialized unit, the SPIDER Team (Sexual Predator Internet Decoy Enforcement in Riverside), that performs online investigations and has resources to find out who could be downloading illegal images of child pornography as well. F. APPOINTMENT OF THE CITY'S PRIMARY REPRESENTATIVE AND ALTERNATE TO SERVE ON THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ADVISORY COMMITTEE (MAC). Mayor Pro Tem Finerty moved to, by Minute Motion, nominate Councilman Jim Ferguson as the City of Palm Desert's primary representative and Buford Crites as the alternate to serve on the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee (MAC), effective December 16, 2008 - December 16, 2011. Motion was seconded by Benson and carried by a 5-0 vote. Councilman Kelly stated he voted yes because he felt the City would be well represented, but he felt the Council was stepping out of its normal policy when appointing someone not on the City Council. The policy would be to advertise for the position and provide others the opportunity; even though Mr. Crites was probably the most qualified. However, his point was that Council was going outside its policy again, which he had previously mentioned. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 10, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 65, 66, 70, and 71. Rec: Approve as presented. 5 � � � x; ��; ��3 .5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of July 21, 2009. 2. Public Safety Commission Meeting of June 10, 2009. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Guadalajara Cafe, 74-478 Highway 111, #C, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Tres Palmas Bed & Breakfast, 73-135 Tumbleweed Lane, Palm Desert. Rec: Receive and file. F. REQUEST FOR AUTHORIZATION to Streamline the Use of Vendors for Park Maintenance Services and Supplies by Granting Exception to the Bidding Requirements, and Approving the Vendors and Qualified Service Providers List — 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 for Park Maintenance Services; 2) approve the list of Park Maintenance Services Vendors and Qualified Service Providers for FY 2009-2010. G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C28910—Eldorado Median Landscape Renovation(Project No.942-08). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $5,500 to the subject contract with Candyl Golf Group, Inc., La Quinta, California; 2) authorize the transfer of said funds from contingency to base for the project — Capital Project Reserve Funds are available in Account No. 400-4614-433-4001. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28030 — Country Club Drive Pavement Rehabilitation Project (Project No. 619-08) (Vance Corporation, Rialto, 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. 6 � f�� ,� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28390 — 2008 Citywide Overlay Project (Project No. 752-08) (Palm Canyon Contractors, Inc., Yucaipa, 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. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28890- Civic Center Parking Lot Rehabilitation (Project No. 750-09) (Dateland Construction Company, Inc., Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K. REQUEST FOR AUTHORIZATION to Accept Proposed Law Enforcement Responsibilities Memorandum of Understanding Agreements Between the City of Palm Desert, County of Riverside and California State University, San Bernardino, Universityof California, Riverside,and College ofthe Desert (Contract Nos. C29230A-C). Rec: By Minute Motion, approve a Law Enforcement Responsibilities Memorandum of Understanding (MOU) Between the City of Palm Desert, County of Riverside, and, respectively: 1) California State University, San Bernardino; 2) University of California, Riverside; 3) College of the Desert. L. REQUEST FOR AUTHORIZATION to Expend CaICOPS Funds for Various Police Department Training Courses. Rec: By Minute Motion: 1)Approve a recommendation to expend CaICOPS Funds for various training courses, as listed on the accompanying staff report; 2) ratify the City Manager's approval for Palm Desert Police Department Officers to attend three distinct training events, valued at $1 ,946, to be expended from CaICOPS Funding; 3) appropriate $2,860 from CaICOPS Funding, Account No. 229-4210-422-3914, to be used for six distinct training events. M. REQUEST FOR AUTHORIZATION to Expend CaICOPS Funds for Crime Free Multi-housing Software from Dynamic Design Crime Free Software. Rec: By Minute Motion: 1)Approve a recommendation to expend CaICOPS Funds for Crime Free Multi-housing Software from Dynamic Design Crime Free Software; 2)appropriate$1,390 from CaICOPS Funding, Account No. 229-4210-422-3914, to purchase Crime Free Multi- housing Software from Dynamic Design Crime Free Software. 7 � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 N. REQUEST FOR AUTHORIZATION to Accept United States Department of Justice BJA (Bureau of Justice Assistance) FY 2009 Justice Assistance Grant Program (Award #2009-DJ-BX-1348) in the Amount of $15,654. Rec: By Minute Motion: 1) Approve a recommendation to accept U. S. Department of Justice BJA Fiscal Year 2009 Justice Assistance Grant Program(Award#2009-DJ-BX-1348)in the amount of$15,654; 2) ratify the City Manager's execution of any prior or future grant documents associated with the U. S. Department of Justice BJA Fiscal Year 2009 Justice Assistance Grant Program (Award #2009- DJ-BX-1348). O. REQUEST FOR AUTHORIZATION for Staff to Close EI Paseo Between Portola Avenue and Highway 74 on Sunday, October 25, 2009, for the Annual Golf Cart Parade. Rec: By Minute Motion, authorize staff to close EI Paseo on October 25, 2009, between Portola Avenue and Highway 74 for the Annual Golf Cart Parade. Upon a motion by Finerty, second by Ferguson, and 5-0 vote of the City Council,the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 09-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM. Councilman Ferguson moved to waive further reading and adopt Resolution No. 09-69. Motion was seconded by Finerty. Mayor Spiegel stated he would like to know more about what the program was about. Ms. Moore stated the program was administered bythe County. The County submits an application to the State every year in the event that it spent its allocation. If the County hadn't spent its allocation, it would have to wait until the following year to apply. She said the Mortgage Credit Certificate 8 . :`� �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 (MCC) Program gives home buyers an actual tax credit toward their tax liability, which can provide the taxpayer more money as additional funding to pay a higher mortgage. A higher mortgage gives the homeowner an opportunity to buy a home that might have been out of their reach. She said this was a State-funded program where the transaction didn't involve actual money but rather a tax credit. Councilman Kelly stated he planned to vote in favor because he was a strong believer in helping people buy a home. In fact, he worked with City Manager John Wohlmuth several years ago when he was Executive Director of Coachella Valley Association of Governments (CVAG) by trying to put together a program to assist first-time home buyers, but they were highly criticized for helping people get into houses they couldn't afford. He hoped staff was being careful to not place people into a house they couldn't afford. Ms. Moore responded a criteria was in place with respect to what a maximum mortgage payment could be, and with the added benefit of the tax liability reduction, the maximum would still only be 30%. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1195 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 10.25 - PALM DESERT VEHICLE IMPOUND PROGRAM - SECTIONS 10.25.010, 10.25.020, 10.25.030,AND 10.25.040 TO THE PALM DESERT MUNICIPAL CODE. Councilman Kelly moved to waive further reading and adopt Ordinance No. 1195. Motion was seconded by Finerty and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE ADDITION OF CHAPTER 9.26 - UNLAWFUL CAMPING - TO THE PALM DESERT MUNICIPAL CODE. Ms. Aylaian noted the staff report and offered to answer questions. She requested one sentence be added to the Ordinance under Chapter 9.26.040 Exceptions. That sentence will read: 8) This Chapter shall not apply to 9 �RAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 events for which a Temporary Use Permit has been approved and issued by the City. Mayor Spiegel asked if the Palm Desert Municipal Code already addressed camping issues. Ms. Aylaian responded it did, but it was in bits and pieces scattered throughout other Ordinances, and the addition of this chapter would have camping issues in one area. Councilman Ferguson asked how this Ordinance addressed the issue of motor homes. Ms. Aylaian stated the Ordinance prohibited sleeping in a motor home if parked in public areas. Councilman Ferguson stated that underthe California Vehicle Code,one can park a motor home on the street for 72 hours. He asked if the Ordinance applied to those who were just visiting friends and wanted to stay in their motor home. Ms. Aylaian answered yes. Councilman Kelly said he's owned a motor home for 20 years, and in his travels he's parked in a shopping center at 1:00 a.m. or parked next to a restaurant overnight and continued his travel in the morning. He wondered if he would get a ticket for doing that in Palm Desert. Ms. Aylaian responded staff had problems in the past with people camping in their trucks or vehicles in parking lots of private businesses, especially along the commercial corridor along Highway 111. She said it was an issue staff wanted to address. Councilman Ferguson stated that if vehicles are parked on private property, property owners had a remedy called trespassing, and Police can be called to have them removed. It will then be up to law enforcement to determine if the vehicle had been parked longer than three days, but for the majority of people that are visiting friends and passing through to Scottsdale or other parts of Southern California, prohibiting them from sleeping in their own motor home seemed harsh. He asked staff to consider drafting an exception for legitimate motor home use. Ms. Aylaian agreed to address that issue and include an exception for the second reading of the Ordinance. 10 � ��:,� � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 Councilman Ferguson moved to, waive further reading and pass Ordinance No. 1197 to second reading, adding Chapter 9.26- Unlawful Camping -to the Palm Desert Municipal Code as amended to reflect: 1) Add to Section 9.26.040 Exceptions B - This Chapter shall not apply to events for which a Temporary Use Permit has been approved and issued by the City; 2) include an exception for legitimate motor home use. Motion was seconded by Finerty and carried by a 5-0 vote. (No action was taken on Ordinance No. 1196) B. REQUEST FOR RATIFICATION OF CITY MANAGER'S ACCEPTANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) FUNDS IN THE AMOUNT OF $92,992. Mayor Pro Tem Finerty moved to, by Minute Motion, ratify City Manager approval to accept Community Development Block Grant Recovery(CDBG-R)funds in the amount of $92,992. Motion was seconded by Benson and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF THE CIVIC CENTER PARKWAY TURF RETROFIT PROJECT AND AUTHORIZE STAFF TO PROCEED WITH BIDDING PROCESS (CONTRACT NO. C29240). Responding to questions about the project, Landscape Manager Spencer Knight said the contract was to replace existing turF in the Civic Center parkway areas along San Pablo and Fred Waring with desert landscaping to get the nuisance water off the street. Further responding, he said the turf area in front of the sculpture would remain turf, and the project did not include the turf adjacent to the skate park. Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Approve the Civic Center Parkway Turf Retrofit Project; 2) authorize staff to proceed with the bidding process for same - Capital Project Reserve Funds are available in Account No. 400-4614-433-4001. Motion was seconded by Ferguson and carried by a 5-0 vote. D. REQUEST FOR AUTHORIZATION TO ACCEPT UNITED STATES DEPARTMENT OF JUSTICE BJA (BUREAU OF JUSTICE ASSISTANCE) FISCAL YEAR 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM LOCAL SOLICITATION (AWARD #2009-SB-B9-0954) IN THE AMOUNT OF $64,344. Mayor Pro Tem Finerty moved to, by Minute Motion: 1)Approve a recommendation to accept U. S. Department of Justice BJA Fiscal Year 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation(Award#2009-SB-B9-0954) in the amount of $64,344; 2) ratify City Manager's execution of any prior or future grant documents associated with the U. S. Department of Justice BJA Fiscal Year 2009 RecoveryAct Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation (Award #2009-SB-B9-0954). Motion was seconded by Ferguson. 11 �' '�� - � E: � . .. �ti. ., PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 Councilman Ferguson asked if the Department was able to actually fund a city-wide VICE Crimes Suppression Program with $15,000. Lt. Shouse stated the program had to be supplemented with overtime, so the funds would supplement the existing straight time. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. E. REQUEST FOR AUTHORIZATION TO ACCEPT OFFICE OF TRAFFIC SAFETY (OTS) DUI ENFORCEMENT AND AWARENESS PROGRAM GRANT (GRANT #AL 1094) FOR FISCAL YEAR 2009-2010 IN THE AMOUNT OF $163,167. Mayor Pro Tem Finerty moved to, by Minute Motion: 1)Approve a recommendation to accept Office of Traffic Safety(OTS) DUI Enforcement and Awareness Program Grant (Grant#AL 1094)for FY 2009-2010 in the amount of$163,167; 2)ratify the City Manager's execution of any prior or future grant documents associated with the OTS DUI Enforcement and Awareness Program Grant(Grant#AL 1094)for FY 2009-2010. Motion was seconded by Ferguson. Mayor Spiegel pointed out this was additional monies to the City and all the work will be done by staff who requested the funding through block grants, etc. Funding was in addition to the City's regular budget, which helped run services. � Ms. Klassen announced the motion carried on a 5-0 vote. XV. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION TO PURCHASE REPLACEMENT CHINA AND FLATWARE FOR THE DESERT WILLOW RESORT (Continued from the meetings of June 25, August 27, and September 10, 2009). Redevelopment Manager Martin Alvarez stated that on September 14, 2009, the City went out to bid for the china and flatware replacement for Desert Willow. A few bids were received and the combined total was $156,943.42; the original estimate was$184,000. If approved, staff will also be requesting an appropriation of $104,944 from Fund 241, and authorization to keep a surplus of the old china. Responding to question, he said no funds would come out of the General Fund because monies were set aside in Fund 241, and Council had previously appropriated $52,000 from the same fund. Mayor Pro Tem Finerty asked if a reserve would be set aside for when a china replacement was needed again in ten years. 12 �,.,� � .ro �,- p �„n:�:a;a PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 Mr. Alvarez answered yes. He said staff will work on the budget process to set aside funds every year for such reserve. Mayor Spiegel stated that in talking to a local restaurateur, he learned that a china company could go out of business and replacements would be difficult to obtain and if that was a possibility with the proposed china. MR. RICK MOGENSEN, General Manager for Desert Willow, stated it was exactly the situation Desert Willow faced, in that several of the pieces from the original purchase ten years ago were no longer available. He said as china patterns evolved over time, certain patterns went out of stock, and the same happens with the residential china market. Further responding, he said Royal Doulton was a reputable company that's been around for more than a century. Councilmember Benson requested the old china be donated to the Homeless Resource Center. Mr. Alvarez agreed to make the accommodation. Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Authorize purchase of replacement china and flatware for the Desert Willow Resort in an amount not to exceed $156,943.42; 2) surplus the majority of the existing china, authorizing staff to donate it to a non-profit organization, and retain a small portion for back-up; 3) appropriate an additional $104,944 from the Unobligated Golf Maintenance Fund 241 to Account No. 241-4195-495-4040 for this purpose ($52,000 previously appropriated), with added direction that staff donate the surplus stock to the Homeless Resource Center. Motion was seconded by Benson and carried by a 5-0 vote. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE CIVIC CENTER SITE AND CONCEPTUAL DESIGN FOR AN AQUATIC CENTER IN THE CITY OF PALM DESERT. Parks and Recreation Manager Janis Steele stated that at the request of the City Manager, staff was directed to revisit the Aquatic Center project and take away the community center portion of it,which was presented at the last meeting. He provided the criteria that it be in the Civic Center Park area at a cost of $10 million plus and that it serves the residents of the community. Staff reviewed both the Civic Center and College of the Desert (COD) sites. The Civic Center site showed a variety of advantages, one being that no one would have to cross the street to use the pool, additional parking using south of the Date Grove area without displacing any of the trees. Staff thought it would be a good idea to have that extra parking during baseball seasons, fourth of July events, etc. Based on the past feasibility study, City Citizens 13 �j� �� . �,� - . „", .s � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 Survey, input from various stakeholders, and COD staff, staff was recommending a conceptual design with the proposed amenities. She said the amenities were selected in an attempt to meet the needs of the various age groups and programs they demand, cost recovery, and meeting future needs as well. She said staff considered the 50-meter x 25 yard competition pool,which served long course and Olympic-type meets, qualifier meets, and 25-yard pool can serve high school or any other age group meet. The pool will include a diving well with two 1-meter diving boards and two 3-meter diving boards. There is a zero-depth entry recreational pool for use by children, which has a gradual slope with playground structure. The center part is an area that can be used for instructional/therapy/exercise pool. The Parks and Recreation Commission unanimously approved the site location and conceptual design as presented, and authorized staff to proceed for a Request for Proposal for Architectural Design Services. She noted that a memo was provided to the Council that had answers to questions. She noted the consultant and members of the Parks and Recreation Commission were present. She offered to answer questions. Councilman Ferguson asked what was the blue bar between the competitive pool and amenity pool. Ms. Steele responded it was a shade structure between the two pools, and the round circles at the end were also shade structures. Further responding, she said there was the availability of space to add a 10-meter tower; however, the depth may need to be adjusted from 10- to 15 feet. Councilman Ferguson stated there wasn't much spectator seating or shade around the toddler pool area where parents may want to be nearby. Ms. Steele explained that deck chairs will be available where the umbrella shade structures are so that preferably parents would sit by the water with their children, because it was shady and nice to sit there. She said the deck space can be expanded if Council so desired. Councilman Ferguson asked if staff was able to meet City Manager's objective to have the project at $10 million. Ms. Steele stated staff went slightly over the objective at $11.2 million because amenities were added to accommodate requests. She said the figure was conservation, but it included all fees for inspections, staff time, furniture,fixtures, and equipment. She said staff should not go over the total proposed cost. Further responding, she confirmed the total estimated annual cost of $1,248,907 was operational expense only, and it did not include any revenue. 14 ��« ��m p+� �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 Mayor Pro Tem Finerty asked if staff anticipated any revenue. Ms. Steele stated staff looked at similar pools, and with good management, the City can obtain up to a 75% cost recovery. Mayor Pro Tem Finerty asked if the 25% of the $1.248 million is to be paid by the City's General Fund. Ms. Steele answered yes. MR. ROB BALLEW, Director of the Palm Desert YMCA, stated the City and the YMCA had partnered in a number of activities/programs throughout the years. He said the YMCA was supportive of any decision the Council made with regard to aquatic centers, because this City/Valley was certainly in need of one, and they are willing to be partners in any way possible. He also noted that the YMCA's strategic plan was to develop a regional center, which would be a 40,000 square-foot multipurpose facility with basketball court, weights, facilities for exercise and multipurpose use along with an aquatic center. Whether that is part of this program or something in the north sphere, they were certainly interested. He offered to answer questions. Councilman Ferguson asked if the YMCA was willing to operate the pool. MR. BALLEW answered yes, stating they were willing to work with the City in any way possible. Councilman Kelly asked Mr. Ballew if he felt a 75% cost recovery was a reasonable percentage. MR. BALLEW said that was one question he would not answer. MR. JEFF RONCI, Beverly Drive, Palm Desert, stated he represented the Desert Terrapins Aquatic Club. He said they would support the proposed facility100%. Currently they are forced to practice out of the City and would like to bring the team back into Palm Desert to host its practices. He was also in favor of the recreational facilities the proposed pool offered. Having operated a pool for three years that was only a competitive pool initially, after a year it was remodeled to add a water slide. The swimmer numbers went from 60 per day to 190 per day in a city of only 4,000 people. Responding to question, he felt a 50-meter by 25-yard pool would meet the need to adequately train, but training at a high level required a longer pool. He noted some the senior members were present, but others were in training. Councilman Ferguson stated the proposed Aquatic Center was a great design and happy to see the Parks and Recreation Commission came up 15 �q •�� ;� ^;tr��s,r� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 with something that would meet the needs of everyone in Palm Desert. He felt the two pools would work nicely next to each other. He liked the idea of having it out by the Date Grove as long as not too many seeds end up in the pool. He said the Commission did an excellent job of bringing everything together that the Council asked for. Councilman Ferguson moved to by Minute Motion: 1)Approve the Civic Center Park Site for an Aquatic Center; 2) approve the Aquatic Center Conceptual Design as presented; 3) authorize staff to proceed with a Request for Proposals (RFP) for Architectural Design Services of an Aquatic Center based on conceptual design as presented (Contract No. C29250). Motion was seconded by Kelly. Mayor Spiegel stated the Council made a trip to various pools in Southern California two years ago. One of the facilities was a new complex in Coronado that included an Olympic-size pool with diving boards. The manager of that facility was asked what would she do differently, and her response was to not include an Olympic-size pool, and instead one half the size, because it was all that was needed; the pool was in Coronado, California, next to the Navy Seal base. The manager also said she would have a bigger kids area with no diving boards. He also talked to a representative in the Parks Department for the City of Palm Springs, which was the only other city in the Valley that had a pool this size, and without exception, they would make the pool smaller. He would prefer to have a smaller pool and a bigger play pool. However, he liked the rest of the proposed amenities. Councilmember Benson stated she was concerned whether this was the right time to build a pool, especially when staff was asked to present something at $10 million and it was already$1.33 million overwithout going out to bid yet. She's always been in favor of having a swimming pool for the children whether it was competitive or pool with a tot yard; however, she was against having slides and otherfeatures,which were unnecessary. She said people can go to Soak City in Palm Springs for that type of pool. She said the Council was getting into something that was way over the top, and even though the price for this pool was better than the last one presented, it was not the right time. Councilman Kelly stated he had the privilege of attending a swim meet in Glendora with the Palm Desert swim team. It was a three-day event, the facility had a 100-meter pool, it was attended by families from all over Southern California with spectators set up around the pool. It was a sight to see all the families participating with one event after another. He said a 50-meter pool would attract the same kind of event here, and it was essential that the Council move on with the recommendations that came forth from the Palm Desert Citizens Survey. He said the Council had been fooling around 16 � �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 with this issue for three years. He felt the City Manager did a good job in putting a complex together in an ideal location, and it was time to move ahead. Mayor Pro Tem Finerty asked if the College of the Desert was going to contribute $1 million toward the project. Mr. Wohlmuth answered yes. He said he spoke with the President of College of the Desert and reaffirmed their commitment at the proposed location to participate in the pool, which they agreed to in the amount of $1 Million. In response to Councilmember Benson's concern, he acknowledged the total cost would be $11.2 million, which was a conservative estimate, but $1 million could be taken off to account for College of the Desert's contribution. Mayor Pro Tem Finerty asked if the City Manager had a level of comfort that he could obtain a 75% cost recovery in order to achieve a balanced budget. Mr. Wohlmuth stated the construction time forthe proposed conceptual pool still required the project to go through design and engineering, taking up to 18 months before construction, which was well into the next fiscal year. He felt the cost recovery would be 60- to 75 percent based on other facilities researched. The big question in his mind was that staff would be recommending to the City Council a fee structure, but historically if the Council thought it was too high, it may not be approved as set up. However, staff would propose a fee structure that would get the City a 75% cost recovery. He said fee structures had been researched, but staff was not at that point where it would be recommending one to the City Council. Mayor Pro Tem Finerty stated that when bids came back in, the Council will be asked to make a commitment for the $1.248 annual operating cost, and the City may or may not get part of that back, which would impact the City's budget. She said if the City had to incur that amount now, it would have a deficit instead of a projected surplus. She again asked the City Manager if he had a level of comfort to move forward and still be able to have a balanced budget with the addition of the proposed pool and its annual operational cost. Mr. Wohlmuth responded he did, but he would recommend for next year's budget to include half of the annual operational cost of the pool in order to achieve a balanced budget. Mayor Spiegel called forthe vote, and the motion carried on a 3-2 vote,with Benson and Spiegel voting NO. 17 -�._ ..-0� �. ,�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 B. REQUEST FOR CITY COUNCIL DIRECTION PERTAINING TO LEASING OF OFFICE SPACE TO FRIENDS OF THE DESERT MOUNTAINS AND FEE STRUCTURE AT THE PORTOLA COMMUNITY CENTER. Ms. Riddle noted this item had an amended staff report and offered to answer questions. Mayor Pro Tem Finerty stated she still didn't know what was happening to Friends of the Desert Mountain. She said they currently had five spaces and now the amended report indicated they would only be allowed to have spaces one and two. Ms. Riddle explained Friends of the Desert currently had three permanent offices and the other two offices (spaces one and two) was only temporary but are now becoming permanent. Further responding, she confirmed Friends of the Desert will have five spaces. Councilman Ferguson asked why the Portola Community Center couldn't be managed like the Brothers Building where applications are taken and the City didn't have a hard and fast policy about how much square footage any one tenant could take up. He thought it was silly that it's taken up three City Council Meetings on this one issue. Councilmember Benson asked if everyone would receive notice that they can no longer meet there. Ms. Riddle stated the two large community conference rooms were still recommended to operate the same. The Center has seven offices that can be occupied by permanenttenants;two offices are occupied bythe Historical Society and the remaining five will now be occupied by Friends of the Desert, which meant there will no longer be permanent office spaces for any other organization to use. Councilman Kelly asked if another organization was interested. Ms. Riddle responded she hadn't advertised for it, so currently there wasn't any other organization interested. Mayor Pro Tem Finerty stated she recalled a couple of ineetings ago, Council was informed that the offices were advertised for, but there was only one response. Ms. Riddle said there was only one response, but that organization didn't qualify, and since then she had not advertised. Further responding, she said the rent charge was $1.50 per square foot. 18 �.< ,; - ., „ ��::„x� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 Mayor Pro Tem Finerty stated the matter needed to be left alone for now and allow Friends of the Desert to keep the five offices and Historical Society theirtwo offices atthe same price. She said if newapplications are received, the Council can deal with them as they came in. Mayor Pro Tem Finerty moved to, by Minute Motion, authorized Friends of the Desert Mountains to occupy five office spaces and Historical Society two office spaces at the Portola Community Center on a permanent basis and to leave the policy and fee structure as it is presently. Motion was seconded by Ferguson and carried by a 5-0 vote. XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None 19 �� _�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 o City Council Committee Reports: 1. California Finance Conference—Councilman Ferguson noted that since the last Council Meeting, he'd attended the Finance Conference and participated on a panel regarding AB811 that was hosted by Redevelopment Agency Counsel, Richards, Watson & Gershon. He said it generated a lot of interest, and currently, 11 counties and 37 cities in the State that were modeling the"Palm Desert 811 Program." In addition, 15 other states' legislatures have adopted Palm Desert's legislation, from New York to Texas. He added that Palm Desert had gained celebrity status and felt that it had more than met its obligation to the Public Utilities Commission for replicating the model. o City Council Comments: 1. League of California Cities Annual Conference — Mayor Spiegel commented that at last week's League Conference in San Jose, there was a pretty down attitude because of the financial situation and what the State is doing. Therefore, the League has drafted a Constitutional Amendment that it hopes to have on the November 2010 Ballot. It proposes that the Legislature in Sacramento could not take or borrow locally imposed taxes, Redevelopment dollars, Business License Taxes, Sales Tax, Utility Tax, Parcel Tax, or Transient Occupancy Tax. In order to get it qualified for the November 2010 Ballot, the League was asking all City Councilmembers to donate money and each to obtain 100 signatures, which must be done outside City Hall. He felt it would go a long way towards local jurisdictions' being able to believe in what they're able to do with their dollars, with Sacramento currently asking Palm Desert for$22 million of its Redevelopment dollars, $2.5 billion from all the cities in California. He added that if the City gives $22 million to Sacramento, it would mean that many of its plans for future projects would be eliminated—although fortunately, there is money set aside for the pool project at this time—but other things would go by the wayside with this requirement. The California Redevelopment Agency is challenging the matter in court. Secondly, he said another important topic at the Conference was foreclosures in the cities. Many cities have determined to use Redevelopment money(not low-income housing funds)to 20 ' -� �� ,; K;. �; �=rt c.. �::_ PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 purchase property in order to preclude speculative purchases by people who do not have the cities' best interests in mind. If the city purchases the property, it can better control the end result. He said he'd relayed this suggestion to Mr. Wohlmuth and asked that it be considered by the City Council, including a map of all foreclosed properties in Palm Desert. He said the City would hope not to have any foreclosed properties, but if they were owned and maintained properly, they wouldn't be a hindrance. XIX. ADJOURNMENT On a motion by Ferguson, second by Finerty, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting at 5:12 p.m. ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 21