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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 23, 2010
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
City Clerk Rachelle Klassen convened the meeting at 3:00 p.m. Due to the lack of
a quorum, she adjourned the meeting to 3:30 p.m.
Mayor Finerty reconvened the meeting at 3:30 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro Tem Jim Ferguson arrived at 3:32 p.m.
Councilman William R. Kroonen
Councilman Robert A. Spiegel
Mayor Cindy Finerty
Also Present:
John M. Wohlmuth, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Justin McCarthy, ACM for Redevelopment
Stephen Y. Aryan, Assistant to the City Manager
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
Frankie Riddle, Director of Special Programs
Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Steve Brooker, Fire Marshal, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy Citv Clerk
III. ORAL COMMUNICATIONS -A (CLOSED SESSION ITEMS)
On behalf of the City Council, Mayor Finerty welcomed a group of Egyptian
Exchange Students from College of the Desert who were attending today's meeting.
PRELIMINARY MINUTES �R���
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2010
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APN 624-431-029 (42071 Verdin Lane, Palm Desert)
Negotiating Parties:
Agency: John Wohlmuth/Justin McCarthy/Janet Moore/City of Palm
Desert/Palm Desert Redevelopment Agency
Property Owner: Rolando Vela and Noelia Alaniz
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
Mr. Erwin asked for the City Council's consideration of adding two items to the
agenda:
1) Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a): Ruhnau, Ruhnau, Clarke &
Associates v. City of Palm Desert, Palm Desert Redevelopment Agency,
Riverside County Superior Court, Case No. INC 10008463.
2) Conference with Legal Counsel regarding potential to initiate litigation pursuant
to Government Code Section 54956.9(c): Number of potential cases: 1 .
Upon a motion by Spiegel, second by Benson, and 4-0 vote of the City Council, with
Ferguson ABSENT, the aforementioned two items were added to the agenda for Closed
Session.
Upon a motion by Kroonen, second by Spiegel, and 5-0 vote of the City Council,
Mayor Finerty adjourned the meeting to Closed Session at 3:32 p.m. She reconvened the
meeting at 4:04 p.m.
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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2010
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 Cindy Finerty
VII. INVOCATION - Councilman Robert A. Spiegel
VIII. ORAL COMMUNICATIONS - B
MS. AFSANEH GIBBS, 73700 Highway 111, Palm Desert, introduced herself and
her spa -salon to the community. She said the unique aspect of her salon was that
it used only natural-ingredient products, including hair color that does not contain
any artificial ingredients that will be washed back into the environment, and it can
be safely used by people with a variety of health conditions. Palm Desert will now
have the second salon to offer these products, with the other being in Beverly Hills.
She was very proud to open her salon here and invited City Councilmembers to the
grand opening in November.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF
OCTOBER 3-9, 2010, AS "FIRE PREVENTION WEEK" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Finerty presented the proclamation to
Fire Marshal Steve Brooker and commended all first responders for a job
well done.
Fire Marshal Brooker graciously accepted the worthy acknowledgment of
Fire Prevention Week - 2010 and its theme, "Smoke Alarms -A Sound We
Can Live With." He said smoke alarms are a very important part of home fire
safety; the Fire Department wanted to make sure all residents have working
smoke alarms and offered that more information could be obtained at the
Fire Department's and National Fire Protection Association's websites:
www.rvcfire.orq and www.nfpa.org_
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2010
B. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 2010 AS
"FIRE PREVENTION AND MINI-MUSTER MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Finerty presented the proclamation to
Mini-Muster Coordinator John Marman and praised all who worked on the
event for their good work.
MR. JOHN MARMAN called attention to the hand-out he provided for the
City Councilmembers and invited them to feel free to drop by the schools on
the dates listed on the schedule. He noted that this would be the 18th year
for the Mini-Muster, and it will signify providing valuable fire safety lessons
to over 10,000 third graders in this area. It was a collaborative effort with the
City's Fire Department, which wouldn't be possible without their wonderful
participation, the Historical Society, and Desert Sands Unified School
District. He commented that the kids can hardly wait to participate in the
Mini-Muster each year, and he thanked the City for all of its support.
C. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 16, 2010,
AS "ELECTRIC VEHICLE VALLEY RALLY DAY" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Finerty presented the proclamation to
Messrs. Vincent Battaglia, Gabriele Rivera, and Thomas Hall of Renova
Energy Corporation.
MR. BATTAGLIA thanked the City for the recognition and asked if Mayor Pro
Tem Ferguson would preside as Grand Marshal for the inaugural Rally Day
event in the City on October 16. Mayor Pro Tem Ferguson agreed.
D. PRESENTATION BY THE COACHELLA VALLEY MOSQUITO AND
VECTOR CONTROL DISTRICT.
MS. BRANKA LOTHROP, General Manager, Coachella Valley Mosquito and
Vector Control District, 43420 Trader Place, Indio, CA, thanked City Council
for this time to introduce the District to everyone. She said the District was
established in 1928 for eye gnats, a real problem in the Coachella Valley at
that time. Mosquito control was added as a new program In 1951, and the
District went atl-vector control in 1995, which meant all pests, vectors, and
nuisance species that can affect the public were included in their outreach.
The District is governed by 11 Board Members, one representative from
each city and two from the County; currently there are 58 employees, with
the season for mosquitoes and other vectors being year-round because of
the temperate weather here. She said Community Outreach Coordinator
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2010
Maria Kylis would provide a brief presentation about District Services, all
provided at no charge in a coverage area of 2,400 square miles.
MS. MARIA KYLIS, Community Outreach Coordinator, Coachella Valley
Mosquito and Vector Control District, stated its mission was to enhance the
quality of life for the community by providing effective and environmentally
sound vector control and disease prevention programs through research,
development, and awareness. She provided a detailed Power Point
presentation (now on file and of record in the City Clerk's Office), highlighting
programs to control mosquitoes, eye gnats, rodents, and Red Imported Fire
Ants (RIFA), and the statistics of service requests for each to date in 2010.
As part of their pubfic outreach, they will make presentations to HOAs, senior
centers, public service organizations, and all other types of community
organizations; they attend health fairs and other events, and provide tours
of the District for schools or any residents who ask. Additionally, they issue
press releases on West Nile Virus activity or any other issues of public health
reporting. To get more information about the District or its programs, the
public was invited to visit the District Office in Indio near I-10 and Monroe
Street, telephone at(760)342-8287, toll-free at 888-343-9399; or by website
at www.cvmvcd.orq and residents could access the "Portal"feature there to
sign in and receive updates. She offered to answer questions.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 9, 2010.
Rec: Continue to the meeting of October 14, 2010.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 64, 65, 66, 70, and 71.
Rec: Approve as presented.
C. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Marketing Committee Meeting of June 15, 2010.
2. Public Safety Commission Meeting of June 9, 2010.
Rec: Receive and file.
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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING �R 23 2010
,
D. RESOLUTION NO. 2010-69-A Resolution of the City Council of the City of
Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Files from the Code Compliance Department that Have Been
Digitally Imaged Dated January - March 2010.
Rec: Waive further reading and adopt.
E. REQUEST FOR ADOPTION of City Council Resolutions, Setting Forth Its
Findings and Authorizing the Destruction of Files from the Department of
Building & Safety that Have Been Digitally Imaged.
Rec: Waive further reading and adopt Resolution Nos.: 1)2010-70- March
2010 Records; 2) 2010-71 -April 2010 Records; 3) 2010-72 - Closed
Investigation Information - Set 5; 4) 2010-73 - Closed Investigation
Information - Set 6; 5) 2010-74 - Closed Investigation Information -
Set 7.
F. REQUEST FOR AUTHORIZATION to Release Maintenance Security for
Waring Medical and Professional Plaza (Parcel Map 29888) (Choice
Enterprise Real Estate and Investment Company, Inc.)
Rec: By Minute Motion, release maintenance securityforChoice Enterprise
Real Estate and Investment Company for Waring Medical and
Professional Plaza (PM 29888).
G. REQUEST FOR DECLARATION of Surplus Property and Disposal
Authorization - Two Police Department Bicycles.
Rec: By Minute Motion, approve the request to declare two Police
Department Bicycles as surplus and authorize for disposal.
H. REQUEST FOR RATIFICATION of City Manager's Approval to Expend Cal
COPS Grant Funds for a Bicycle Patrol Course at the Ben Clark Training
Center (Riverside, CA) on September 13-16, 2010.
Rec: By Minute Motion, ratify the City Manager's approval to expend Cal
COPS Grant Funds for a Bicycle Patrol Course at the Ben Clark
Training Center, Riverside, California, on September 13-16, 2010.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2010
I. REQUEST FOR APPROVAL to Expend Cal COPS Grant Funds for Various
Traffic Collision Investigation Courses at the Ben Clark Training Center
(Riverside, CA).
Rec: By Minute Motion, approve the expenditure of Cal COPS Grant Funds
for various traffic collision investigation courses at the Ben Clark
Training Center in Riverside, California.
On a motion by Spiegel, second by Kroonen, 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. 2010-75-A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS
TO VACATE PORTIONS OF FRED WARING DRIVE AND ALASKA
AVENUE RIGHTS-OF-WAY, UNDER PROVISIONS OF DIVISION 9, PART
3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE
OF CALIFORNIA, AND FIXING A TIME AND PLACE FOR A PUBLIC
HEARING.
Councilmember Benson moved to waive further reading and adopt Resolution
No. 2010-75. Motion was seconded by Kroonen and carried by 5-0 vote.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2010
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL TO NAME THE PORTOLA AVENUE BRIDGE
OVER THE WHITEWATER RIVER CHANNEL THE "RICHARD S. KELLY
MEMORIAL BRIDGE."
Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Name the Portola Avenue
Bridge over the Whitewater River Channel the "Richard S. Kelly Memorial Bridge;"
2) direct staff to provide signage of the bridge structure for the motoring public and bronze
plaques for pedestrians and bicyclists on the belvederes.
Councilman Spiegel seconded the motion, adding that it was a wonderFul tribute.
Responding to Mayor Finerty's question about the sign proof provided in the
staff report showing "Richard Kelly Memorial Bridge" while the
recommendation said"Richard S. Kelly Memorial Bridge,"Mr.Wohlmuth said
four sample signs had been shown to Mrs. Mary Helen Kelly. She chose the
style shown in the staff report that would include the middle initial, "S."
Mayor Finerty called for the vote, and the motion carried 5-0.
B. REQUEST FOR CONSIDERATION TO ESTABLISH THEME FOR 2011
PALM DESERT COMMUNITY CALENDAR.
Councilman Spiegel understood that the last thing former Councilman Dick
Kelly did before going into the hospital was approve a theme for the 2011
Community Calendar. Therefore, he personally wanted to see the calendar
dedicated to former Councilman Kelly with a notation to this effect on the
cover. He believed the suggested theme was "The Seasons of Palm
Desert," which he recommended approving.
Councilman Spiegel moved to, by Minute Motion, authorize utilizing the 2011
Calendar theme selected by former Councilman Richard S. Kelly, "The Seasons of
Palm Desert," and dedicate the calendar in his memory.
In agreement, Mayor Pro Tem Ferguson seconded the motion and requested that
it include authorization for Mrs. Mary Helen Kelly to work with staff to complete the 2011
Community Calendar.
Further, Mayor Pro Tem Ferguson observed that the second part of the
request was to establish the order of who selected the annual theme.
Whatever order is chosen, he didn't understand how anyone running for
office could affect the following year's calendar during the current year's
campaign. But for this year, he asked Mrs. Kelly if she'd agree to help
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2010
complete what Councilman Kelly had started, and she did (from the
audience). Next year the incoming Mayor could work on the following year's
calendar.
Councilman Spiegel agreed with Mayor Pro Tem Ferguson's amendment to his
motion.
Mayor Finerty pointed out that the staff report stated Councilman Kelly
responded with "Seasons of Fun;" whereas, Councilman Spiegel said "The
Seasons of Palm Desert, and she wanted it to be clear.
Responding to question, Marketing Manager Kristy Kneiding said it was
"Seasons of Fun." Mr. Wohlmuth added his understanding was that it was
"Seasons for Fun." Mayor Finerty offered that perhaps it was "Seasons for
Fun in Palm Desert."
Councilmember Benson felt that rotating selection of the theme between
Councilmembers was a good idea, because each has a special cause they
wish to showcase in the City. Plus, each knows what past calendars have
featured in order to appropriately focus future editions. Councilman Spiegel
agreed.
Mayor Finerty asked for clarification of that rotation, noting that meant the
incoming Mayor would select the theme.
In response, Councilman Spiegel and Councilmember Benson referred to
the existing rotation being every five years with Councilman Kelly's last turn
being in 2005.
MRS. MARY HELEN KELLY, Burroweed Lane, Palm Desert, said she'd
come to support the theme chosen by her late husband, Councilman Richard
Kelly, and she appreciated the motion being made to that effect. She said
he was very motivated and had picked up all the packets for Council in
anticipation of attending the next meeting. She went on to say he was
excited about being able to select the calendar theme, and his e-mail to the
City said "Seasons of Fun,"but she offered that there could be a variation on
it. Additionally, the e-mail related that his grandkids and great grandkids
were visiting at the time, and they were doing all of the things depicted in the
theme, which thrilled him to be able to select it. She again thanked the City
Council for its intention to go forward with it in his honor.
Mayor Finerty responded that the City appreciated Mrs. Kelly's willingness
to work on the project in order to carry out the intent of her husband's chosen
theme. She said it would be a fine tribute to a fine man.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2010
MR. JOHN MARMAN, Somera Road, Palm Desert, said he, too, appreciated
the City Council's willingness to carry out Councilman Kelly's chosen theme.
Upon inquiry about the Councilmember who would choose the calendar
theme each year, Mayor Pro Tem Ferguson said his intent was for the
incoming Mayor.
Councilman Spiegel noted he didn't care one way or the other. From his
standpoint, the City has a Marketing Committee made up of people who
market Palm Desert, and maybe their input would be important.
Mayor Pro Tem Ferguson answered perhaps that's where the mix-up
occurred. He said there was no logic, rhyme, nor reason to the people on
the rotation list. He agreed with Councilmember Benson that it was a
Council-driven calendarthat expresses individual Councilmembers'interests.
For instance, Councilman Spiegel had chosen education and parks; he'd
featured energy; Mayor Finerty featured dogs. Councilmember Benson has
done different things like child care, and Mrs. Kelly would be doing a tribute
to her family—Councilman Kelly and "Seasons in the Sun"—whatever she
chose would be fine as she takes up the chore this year, working with City
Marketing staff, not necessarily the Marketing Committee. This will simply
set forth the rotation, however it should be. In the 13 years he'd been on the
Council, his understanding was that it was the Mayor Pro Tem who selects
the theme for the following year's calendar for the year that the Mayor
Pro Tem becomes the Mayor.
Councilman Spiegel remarked that the calendar was not going to be mailed
out to residents this year. It would be produced, then copies would be made
available at City Hall, the Visitor Center, etc., in order to save money on
postage. This may make a difference on how many calendars are
distributed, and the Council would be able to determine how important a
project it was and how to move forward with the program in the future.
Mayor Finerty referred to the Calendar History in the staff report:
Year Theme Selection
2000, 2005 Kelly
2001, 2006, 2009 Benson
2002, 2007 Spiegel
2003, 2008 Ferguson
2004 Crites
2010 Finerty
She noted that since she took former Councilman Crites' spot, 2009 should
have been her year to choose, but it was Councilmember Benson instead.
She was unsure who on staff made that decision, but that's the year the
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2010
order got out of whack. She wanted City Council to set the proper order for
staff to follow.
In answer to request for clarification, Mayor Pro Tem Ferguson replied that the
intent of the motion was that starting in fall 2011 for production of the 2012
calendar, the current Mayor Pro Tem wifl work with staff to set the theme.
Mayor Finerty called for the vote, and the motion carried 5-0.
For purposes of clarification:
Councilman Spiegel moved to, by Minute Motion, authorize: 1) Utilizing the 2011
Calendar theme selected by former Councilman Richard S. Kelly, "Seasons of Fun," with
Mrs. Mary Helen Kelly to assist staff in completing the development and production of
same in his memory; 2) starting in fall 2011 for production of the 2012 calendar, theme of
future years' calendars to be selected by the current Mayor Pro Tem so that it will be the
calendar effective during their year of office as Mayor. Motion was seconded by Ferguson
and carried by 5-0 vote.
C. REQUEST FOR APPROVAL OF CONTRACT WITH TIME WARNER FOR
A PRIVATE LINE CONNECTION FROM THE NEW VISITOR CENTER TO
CITY HALL (CONTRACT NO. C30240).
Upon inquiry about the cost, Information Systems Manager Clayton von Helf
said it was a pretty good price for the amount of band width the City is
getting.
Councilman Spiegel moved to, by Minute Motion, approve subject contract with
Time Warner for a point-to-point private line between City Hall and the Visitor Center in the
amount of $850.00 per month - funds are avaifable in Account No. 110-4190-415-3650.
Motion was seconded by Benson and carried by 5-0 vote.
D. REQUEST FOR PROPOSAL TO REIMBURSE THE FEES FOR PET
ADOPTIONS FOR PALM DESERT RESIDENTS WHO ADOPT ANIMALS
FROM THE RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES
SHELTER.
As liaison to the Coachella Valley Animal Campus Commission, Mayor
Finerty learned at this morning's meeting that the euthanasia rate has
increased from 50% to 60% across the United States due largely to the
economy. So it was really important to have more spaying and neutering
done on pets in order to cut down on the number of lives being ended sooner
than they should be. Responding to question about sufficiency of the
$16,500 being requested, she related that she also learned that there were
about 165 animals adopted by Palm Desert residents annually, with the cost
for cats being $95 and dogs $105. The average amount of $100 was
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2010
multiplied by the 165 adoptions to provide the recommendation. She thought
it would be terrific if the City found it needed to put more money toward this
program. She asked staff to work closely with Riverside County Animal
Services, vigorously promote the program in upcoming Bright Side issues so
residents can help the animals, and to keep the Council updated on how
adoptions are going. Additionally, she was going to set an example herself
by adopting an eight-month-old Chihuahua-mix dog tomorrow at 10:00 a.m.
Senior Code Compliance Officer Pedro Rodriguez commented that he'd
been in contact with Animal Control staff in Riverside. The City could
combine an adoption event with its semi-annual vaccination clinics, and the
rates will drop to $30 for cats and $50 for dogs for those special events. He
said a vaccination clinic was coming up in November, but unfortunately due
to staffing issues in Riverside, it will not include adoptions. However, he
would make every effort to include them in the early spring vaccination clinic
and work closely with Bright Side staff to get it prominently advertised.
Councilman Spiegel moved to, by Minute Motion: 1)Approve reimbursement of the
fees for pet adoptions for Palm Desert residents who adopt animals from the Riverside
County Department of Animal Services Shelter; 2) appropriate $16,500 from the General
Fund Reserve to Account No. 110-4230-442-3090. Motion was seconded by Ferguson
and carried by 5-0 vote.
E. REQUEST FOR APPROVAL TO PURCHASE FERTILIZER FOR THE CITY
OF PALM DESERT AND THE DESERT WILLOW GOLF RESORT.
Mayor Finerty pointed out that it appeared High Tech Irrigation failed to bid
on all items, with their bid being around $183,000. However, staff
recommended Crop Production Services, which apparently bid on all items
for around $276,000 and amounted to a difference of $80,000. She
wondered if what High Tech failed to bid on amounted to near $80,000.
Senior Management Analyst Catherine Walker answered that it was the
case; $80,000 represented the solid fertilizer selection that was costly. She
said City staff worked in conjunction with Desert Willow to develop a mix that
would facilitate turf growth. In response to Mayor Finerty's disappointment
that five of the six bids received were non-responsive, Ms. Walker responded
that it was the first year the City went out to bid in conjunction with
Desert Willow. It was hoped that bidders would be more accustomed to the
City's formal process next year.
In answer to Councilman Spiegel's question about how this year's nearly
$277,000 compared to last year's prices, Ms. Walker said she was unsure,
but Desert Willow Golf Course Superintendent Mike Tellier was in
attendance today, as was City Landscape Manager Spencer Knight. She
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2010
believed there was a separate RFP (Request For Proposals) process used
previously for Desert Willow.
Desert Willow Golf Course Superintendent Mike Tellier answered that he
didn't have last year's exact figure at hand.
Landscape Manager H. Spencer Knight added that overseeding the City's
parks was not part of his responsibility last year, so he couldn't answer at this
time either but offered to look into last year's records for that cost. He noted
that the amount of fertilizer used for Landscape Services was relatively
small, and it was done by RFP with local vendors to establish the lowest
price available. Responding to question about the benefits of combining the
bid with Desert Willow, he said it did provide an economy of scale for the
pricing. In further response, he said the fertilizer was needed immediately
for the current overseeding process October 1-15.
Councilman Spiegel asked staff to get him the figures from last year's
expense for fertilizer, as he believed everything so far this year had been
less expensive, and he wanted to compare. Mr. Knight said he would
provide that information.
Councilman Spiegel moved to, by Minute Motion: 1)Approve purchase offertilizer,
in an amount not to exceed $276,998.21 from Crop Production Services, San Jacinto,
California; 2) reject and declare bid proposals submitted by High Tech Irrigation, Simplot
Partners, TurFinaker Inc., Imperial Sprinkler Supply, and Foster Gardner as non-
responsive; 3) waive any irregularities. No appropriation of funds is required; funding is
available in the current budget. Motion was seconded by Kroonen and carried by 5-0 vote.
F. CONSIDERATION OF APPROVAL TO CO-SPONSOR TWO SOAP BOX
DERBY RALLY RACES IN PALM DESERT IN CONNECTION WITH THE
DESERT RECREATION DISTRICT.
In answer to Mayor Pro Tem Ferguson's question about the account
recommended for the expenditure, Senior Management Analyst Ryan
Stendell answered that it was the Parks - Contract Services Account, the
same fund used to pay Desert Recreation District for normal operations of
the park. Further responding to Mayor Finerty, he apologized for the Parks&
Recreation Commission Meeting Minutes not being attached to the staff
report due to time constraints between its meeting and the deadline for City
Council reports. With regard to Commissioners Hall, Housken, and
Dawson's no votes, the Commission's discussion seemed to center around
whether or not this event would really be more appropriate as a Marketing
proposal rather than Parks & Recreation. The three who voted against
seemed to think it was more Marketing-related. He included Commissioner
Guyer's final remark in the staff report, relating that the Soap Box Derby
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opportunity was one that crosses between Economic Development and
Parks & Recreation, and such was the 4-3 vote. Upon inquiry, he went on
to say that the City sponsored one Soap Box Derby race last year,
somewhat of a start-up race to see how it went. Unfortunately, there was
rain that weekend. Two, two-day events were being planned this year—one
in December, one in February.
Councilman Spiegel remarked that the objective was to attract Soap Box
contestants from all over Southern California;whereas,the race in La Quinta
is primarily geared for the Coachella Valley only.
Responding to question, Mr. Stendell said 23 contestants participated last
year, even though it was raining. The intent is to assist contestants who
want to make it to the "big race" in Akron, Ohio, and they have to acquire a
certain number of points for this purpose. All local events provide the
opportunity to garner points toward that goal, and staff was hopeful that it
could do this by bringing them to Palm Desert, having them stay and eat in
our restaurants. Councilman Spiegel added that the event doesn't impact
vehicular traffic at all.
MS. TATIANA HINKLE, Race Director and Desert Recreation District
Recreation Supervisor, came forward to respond to question about
contestants' financial participation. She said that sanctioning body All
American Soap Box Derby mandates that the race be $35/race for
participants; if they run a three-race weekend, which is what they hoped for
the subject event, it would be $35 x 3. In further response, she said Desert
Recreation District's largest cost was staff—taking about 40 staff to operate
the race — cost for a two-day race being fairly significant. She called
attention to the proposal included in the staff report, detailing that the District
pays for trophies, equipment rental, etc. Exact staff cost wouldn't be known
until after the race; but last year's staff costs were around $6,000.
Responding to question of whether or not the District had enough money to
sponsor the event, she said they typically partnered with the host cities, such
as the local race in La Quinta or rally races in the various cities. The District
asks the cities to pay the franchise fee to All American Soap Box Derby and
to help by closing the street for the event.
Councilman Spiegel noted that the City sponsored last year's event.
Mayor Finerty asked how many participants were normally expected given
that the City's $1,500 last year sponsored 23.
MS. HINKLE said in a local race that's been held for about 16 years, there
has been an average of 25 racers. She pointed out that it's not only the
racer but everyone who rallies around the racer to build the car. The biggest
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race they'd ever had in the Coachella Valley consisted of 50 racers. Upon
question about the race location, she said one was on Gateway Drive behind
Walmart, along with one on a street a few blocks away in the midst of a yet-
to-be-developed residential area. Answering the question about how many
spectators besides racers and their supporters came to the event, she said
it was a fairly small number; although, they did have people stopping by all
day who may stay for an hour to watch.
Councilman Spiegel hoped that if the event was approved, the City would
get good media coverage from it.
MS. HINKLE added that there were some wonderful articles about the
Palm Desert Rally Race last year.
Councilman Kroonen remarked that the City of Palm Desert has a wonderful
record of supporting youth activities, the Soap Box Derby being an excellent
one.
Councilman Kroonen moved to, by Minute Motion, authorize sponsorship funding
for two Soap Box Derby Rally Races in an amount not to exceed $3,000 to the
Desert Recreation District (DRD) - funds are available in General Fund Account
No. 110-4610-453-3092, Parks Contract Services. Motion was seconded by Spiegel and
carried by 5-0 vote.
XV. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF ADVERTISING DESIGN SERVICES AS
PRESENTED BY OFF MADISON AVE. (CONTRACT NO. C30110)
(Continued from the meetings of July 27, 2010, and August 26, 2010).
Mayor Pro Tem Ferguson moved to, by Minute Motion, continue to the meeting of
October 14, 2010. Motion was seconded by Spiegel and carried by 5-0 vote.
B. REQUEST FOR APPROVAL OF THE 2010/2011 MEDIA PLACEMENT
PLAN (Continued from the meetings of July 27, and August 26, 2010).
Mayor Pro Tem Ferguson moved to, by Minute Motion, continue to the meeting of
October 14, 2010. Motion was seconded by Spiegel and carried 5-0.
XVI. OLD BUSINESS
None
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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:
1. Consideration of the Reassignment of City Council
Committee/Commission Liaison Appointments(Continued from
the meeting of September 9, 2010).
Mayor Finerty called attention to the list of all Committees and
Commissions where Councilman Kelly was either the liaison or
alternate, and she proposed the following schedule.
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Councilman Kroonen
Art In Public Places Commission
Carlos Ortega Villas Advisory Committee
CVAG Transportation Committee - Alternate
Historical Society - Alternate
Legislative Review Committee
Two x Two Committee
Councilman Kroonen agreed to the assignments.
Councilman Spiegel
Housing Commission - Alternate
Palm Desert-Rancho Mirage Monterey Corridor Subcommittee
Responding to suggested appointment to the Riverside County
Airport Authority, Councilman Spiegel asked if a
Councilmember was required to serve or if another community
member could do so, as he preferred not to be appointed to
the Airport Authority.
Mayor Pro Tem Ferguson noted that the City's representative
to the Palm Springs International Airport Commission was a
community member.
Mr. Aryan commented that the composition of the Riverside
County Airport Authority was primarily Councilmembers of the
other participating cities. He offered to find out the
requirements for the Riverside County Airport Authority
appointment.
Mayor Pro Tem Ferguson said he knew of a pilot in the
community who may be a good appointee for the City.
Councilman Spiegel agreed to the two reassignments.
Councilmember Benson
Housing Commission
Citizens' Advisory Committee for Project Area #4
CVAG Coachella Valley Conservation Committee - Alternate
Councilmember Benson agreed to the reassignments.
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Mayor Pro Tem Ferguson
Chamber of Commerce - Alternate
CVAG Energy & Environment - Alternate
CVAG Transportation Committee
Hotet Committee
Riverside County Transportation Commission
SunLine Transit Agency Board - Alternate
Mayor Pro Tem Ferguson agreed to the reassignments.
Mayor Finertx
Aquatic Center Steering Committee
Cove Commission Public Safety Commission
Landscape Beautification Committee
Palm Desert Recreational Facilities Corporation
Parks & Recreation Commission - Alternate
Riverside County Transportation Commission - Alternate
Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council,
the Committee/Commission Liaison Assignments were approved as presented above.
2. Consideration of Councilman Spiegel's Absence from the
Meetings of September 15 and September 16, 2010.
Mayor Pro Tem Ferguson moved to, by Minute Motion, excuse Councilman
Spiegel's absences from the Adjourned Regular Meetings on September 15 and
September 16, 2010. Motion was seconded by Finerty and carried by 4-0-1 with Spiegel
ABSTAINING.
o Citv Council Consideration of Travel Requests and Reports:
1. Leaaue of California Cities 2010 Annual Conference —
Councilman Spiegel reported that he attended the LOCC
Meeting September 15-17 while his colleagues were
industriously interviewing candidates for the City Council
vacancy. But after spending time attending all the sessions at
the Conference, he spent two days listening to all of the
reports given on the interviews upon his return home. He said
one of the biggest topics at the Conference was
Proposition 22, which will keep the State from taking cities'
money — billions of dollars from California cities. In
Palm Desert, the State took $46 million in Redevelopment
Agency funds and $6.8 million of General Fund money, and
every Coachella Valley city faced the same predicament. He
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noted the City would be able to operate much better if the
State didn't take its money. No additional taxes are associated
with approval of Proposition 22 on the November 2 Ballot, and
he encouraged approval of the measure to keep the State from
continuing to take Palm Desert's money. Referring to hand-
outs distributed to his colleagues, he said it was a "Valley
Voice"piece that has been given to The Desert Sun and will be
published in the next couple of weeks.
He went on to say it was coincidental that earlier in today's
meeting a proclamation was presented for "Electric Vehicle
Day" in the City, because another interesting group he went to
see was promoting electric vehicles. He learned that electric
vehicles in the United States today are like television sets were
in the 1950s, when some people had them but most did not --
now everyone has at least two. Presumably, the same thing
would happen with electric vehicles. A plug-in vehicle will go
40 miles then have to be recharged. There is also a plug-
in/gasoline bi-fuel vehicle, with the gasoline engine creating
electricity that provides for a 350-mile range. He said the City
would need to create charging stations for these cars,
especially with any new development like apartment
complexes, as well as existing retail centers like Westfield,The
Gardens On EI Paseo, etc. He'd spoken with Ms. Aylaian
about the prospects, and she's working on a solution. To date,
not many have come to the City to get information on electric
vehicles, but they will. He related that General Motors was
introducing a new 40-mile electric car in the next month;
10,000 to be built the first year, and it would be released in
Southern California as one of eight (8) U. S. locations.
Additionallywith all the other manufacturers developing electric
cars, there are about eight (8) models currently and 16
anticipated in two years. General Motors was expected to
build 45,000 the year after the aforementioned 10,000,
expecting this to be a real area of growth. Therefore, he felt it
was important to bring this information back to City officials,
especially in light of next month's electric vehicle rally.
Lastly, the third interesting thing he came back with was an
idea to develop a committee similar to the City's Two x Two
with the School District, the new one being with the City's
clergy members (e.g. priests, ministers, and rabbis of the
largest congregations). City officials would meet with the
clergy quarterly, as they are closer to the citizens of
Palm Desert than Councilmembers, because they're with them
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2010
weekly and in all kinds of occasions. He'd spoken with Father
Lincoln (Sacred Heart Catholic Church), who felt it was an
excelfent idea to be able to come and talk to the City Council
and exchange information. He thought this could be initiated
nearer the end of the year when Desert Willow was scheduled
to reopen and hoped his colleagues woutd concur. He offered
to answer any questions.
o City Council Committee Reports:
1. Library Promotion Committee - Library "Refresh" Project—
Councilmember Benson reported that at last Wednesday's
Committee Meeting, it received a presentation on the
$3.5 million renovation project. She said it would be a fantastic
venture with many updates now availabte to library facilities,
especially RFID (Radio Frequency Identification) check-out
equipment that will provide tremendous modernization. She
added that the project also contemplated enhancement of the
building exterior to make it more welcoming. She encouraged
everyone to participate in the online Community Input Survey
that will be available through mid-October in order to get as
many ideas about how the Library can best serve residents.
Ms. Klassen noted that there was a link from the City's
website:www.cityofpalmdesert.org, then scroll to the notice on
the home page seeking Library users' input that will take them
to the survey. She reiterated that the Committee and the
Project Team would like as much input from the public as
possible — Library users and maybe those who didn't use the
Library because of certain drawbacks — all of it would be
tremendously valuable for the project.
o City Council Comments:
1. University of California. Riverside — Councilman Kroonen
commented on today's luncheon meeting with UCR Chancellor
Tim White, noting that the University was approved for a
Medical School, and exciting things were happening on that
front. He said today being the first time he'd met Chancellor
White, the first question he asked was why the Medical School
couldn't be in Palm Desert. He didn't receive a positive
reaction initially, but he felt it would behoove the City to keep
in touch with UCR and continue the wonderful support that
Palm Desert and the Council have given to both UCR and
CSU. It bodes well that there will be a new supply of
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physicians that are well educated and integrated into the
Coachella Valley communities, and Palm Desert should be on
the lookout for things it can do to assist the new developments.
Mayor Finerty found it very refreshing that the focus would be
on preventative medicine - diet, nutrition, and exercise versus
medication - to treat various conditions.
2. At the end of his first official meeting today, Councilman
Kroonen expressed appreciation and respect for the
opportunity to serve with his new colleagues on the City
Council. As a member of many boards over the years, he
commended Mayor Finerty for a very well run meeting and
looked forward to future meetings being conducted as
expeditiously.
XIX. ADJOURNMENT
On a motion by Spiegel, second by Ferguson, and unanimous vote of the City
Council, Mayor Finerty adjourned the meeting at 5:07 p.m.
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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