HomeMy WebLinkAboutPrelim - CC - 10/14/2010 aRAFr
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 14, 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 3:35 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
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
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.
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING ���BER 14, 2010
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APNs 627-092-050 and 627-092-006
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/Bryce White/
City of Palm Desert/Palm Desert Redevelopment Agency
Property Owner: City of Palm Desert/
Palm Desert Redevelopment Agency
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: 3
Conference with Legal Counsel regarding potential to initiate litigation pursuant
to Government Code Section 54956.9(c):
Number of potential cases: 1
Conference with Labor Negotiator pursuant to Government Code
Section 54957.6:
Negotiating Parties: John M. Wohlmuth/City of Palm Desert
Upon a motion by Spiegel, second by Kroonen, and 4-0 vote of the City Council,
with Ferguson ABSENT, Mayor Finerty adjourned the meeting to Closed Session at
3:31 p.m. She reconvened the meeting at 4:03 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Councilmember Jean M. Benson
VII. INVOCATION - Mayor Cindy Finerty
VIII. ORAL COMMUNICATIONS - B
MR. PETER RITTENHOUSE, Executive Director of the Joslyn Center,
73-750 Catalina Way, Palm Desert, thanked the City for all of its support as the
Joslyn enters a new season. He announced upcoming events to the City Council
and hoped they would place them on their calendars. First, the Health Fair on
Wednesday, October 27, 10:00 a.m.- 1:00 p.m.,with 125 vendors participating;free
flu shots will be given to the first 1,000 people who attend. He said due to
Riverside County's discontinuation of the satellite flu shot program, the Joslyn
Center has raised about$20,000 to replace that program, because it was important
for seniors to receive flu shots. Second event would be held on Friday, October 29,
The Josyloon — Second Annual Western Dance Hall-Gambling Casino Night
fundraiser for programs at the Joslyn Center. Tickets were$25, and anyone coming
dressed in western wear would receive $5 worth of paper money. Thirdly, the Car
Show and Pancake Breakfast would be held on Saturday, November 6, organized
in conjunction with the Palm Desert Youth Committee. Well over 100 cars were
expected to participate; the Pancake Breakfast begins at 7:30 a.m. with the Rotary
Club and Youth Committee serving. Car judging begins around 12:30 p.m., and he
brought fliers on the event for the City Council. Lastly, on November 11 -Veterans
Day, the Joslyn Center was normally closed, but this year staff has decided to be
open that day and host a barbecue with free meals for veterans and their spouses.
He invited City Councilmembers to come by and join them for lunch on Veterans
Day.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF A SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SCAG) PROCLAMATION TO MRS. MARY HELEN
KELLY IN HONOR OF FORMER COUNCILMAN RICHARD S. KELLY'S
YEARS OF SERVICE TO SCAG.
On behalf of the Southern California Association of Governments, Regional
Affairs Officer Arnold San Miguel from the Riverside and San Bernardino
Offices, presented the framed resolution to Mrs. Kelly. He said it was an
honor and a privilege to make this presentation personally, because he had
many occasions to run into former Councilman Kelly at League Meetings and
different planning meetings in the Coachella Valley over the years. Further,
he said Councilman Kelly served as the regional Councilmember, being the
first person to represent Coachella Valley cities when the SCAG Board was
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
expanded from 20 members to an 84+ elected official-member board
currently. Mr. Keily served the Board as President in 1996-1997. When he
did a quick calculation of the number of trips and Board Meetings in
downtown Los Angeles, he estimated that Mr. Kelly participated in a
minimum of 150 meetings and drove at least 35,000 miles, not including
travel to Sacramento or Washington, D.C. — quite an effort. He noted that
Mrs. Kelly frequently traveled with her husband on these trips too. He closed
by quoting the last paragraph of the resolution:
"Now, therefore, be it resolved that throughout Richard Kelly's association
with the Southern California Association of Governments, Dick Kelly
provided exemplary leadership to the Regional Council and the entire
organization. SCAG remembers Dick Kelly forhis dedicated leadership
and many contributions in providing vision and direction for the region,
and enhancing the quality of life."
MRS. KELLY thanked SCAG and the City Council for the privilege of allowing
her to accept the recognition today. She added that being a native Southern
Californian, Mr. Kelly felt very privileged to serve SCAG.
B. PRESENTATION OF AWARD RECEIVED BY PALM DESERT CITIZENS
ON PATROL (COPS) AT THE RECENT NACOPS CONFERENCE IN
CHINO HILLS, CALIFORNIA.
CAPT. SAUL ROISENTUL and LT. EARLE WOLFE thanked the City Council
for its continued support of the COPS program. At the recent National
Association of COPS Conference, over 40 agencies were represented from
as far away as North Miami Beach, Florida, and Selma, Alabama, along with
units from Idaho, Arizona, and a large contingent from California. Awards
are presented each year, and for the third year in a row, Palm Desert COPS
received the"Best Uniform"award, which they presented to the City Council.
They looked forward to another successful year assisting the City and its
Police Department.
On behalf of the City Council, Mayor Finerty accepted the award and
congratulated the COPS for their good work.
C. PRESENTATION TO THE CITY OF PALM DESERT BY RIVERSIDE
COUNTY REGISTRAR OF VOTERS OFFICE REGARDING VOTING
PROCEDURES AND DEADLINES ASSOCIATED WITH THE UPCOMING
STATEWIDE GENERAL ELECTION ON TUESDAY, NOVEMBER 2, 2010.
MR. NICK MARKS and MS. DAWN ETZOLD from the Riverside County
Registrar of Voters Speakers Bureau provided a brief presentation regarding
the Voter Registration process,voting options,and deadlines associated with
the upcoming November 2 Election. Voter Registration forms are available
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
at the Registrar's Office, online at www.voteinfo.net, City Halls, Libraries,
Post Offices, and the Secretary of State's website; October 18 is the
registration deadline for the November 2 Election. Voting by mail was one
of the options available for busy residents and provides the ability to vote
early; voting is now also available at the Registrar of Voters Office, 2724
Gateway Drive, Riverside; or voters can go to their polling place on Election
Day. Any registered voter can opt for the vote by mail alternative, either for
a single election or permanently—applications are available on the last page
of the Sample Ballot. October 26 is the deadline to apply to vote by mail for
November 2. Returning the vote-by-mail ballot can be accomplished through
the mail, by taking it to the Registrar of Voters Office and dropping it in the
box available 24 hours/day at the right front of the main entrance, or taking
the ballot to the various drop-off locations in the County (City Halls and
County Libraries) through November 2. Vote-by-mail ballots may also be
delivered to any one of the 694 Riverside County polling places on Election
Day. Early/Emergency Voting began at the Registrar's Office on October 4,
with hours of Monday - Friday, 8:00 a.m. - 5:00 p.m., Saturdays 9:00 a.m. -
4:00 p.m., and runs through voting hours on Election Day, 7:00 a.m. -
8:00 p.m. Polling place locations are listed on the last page of each voter's
Sample Ballot— people living next door to one another could possibly have
different polling places depending upon the boundaries of a particular
precinct — so it's important to check. Voters can also locate their polling
place at the www.voteinfo.net website.
Responding to Councilman Spiegel's question about the former practice of
offering Early Voting at Palm Desert's Westfield Mall, Mr. Marks said it was
not being offered this year, pursuant to a Secretary of State decision. In
further response, he said it was estimated that 40% of the voting would be
vote-by-mail.
Mayor Finerty asked when voters could expect to see results, noting that in
the past officials had been advised that there would be release of the
absentee numbers shortly after 8:00 p.m. on Election Night, which was not
accurate. Instead a 5% sampling was only available around 9:45 p.m.
MR. MARKS was unable to provide a definitive answer but said the
Registrar's Office is taking several steps to provide a quicker count with the
purchase of new machines and staff being brought in to work 24-hour shifts
in order to process the ballots and counting more quickly. He pointed out
that the vote was not complete until the polls closed at 8:00 p.m., but he
offered to call the Mayor back to specifically address her questions.
Mayor Finerty commented that officials were always anxious on Election
Night, and having only a 5% return at 10:00 p.m. was unsatisfactory. She
assumed the new machines would be well tested to eliminate problems.
Additionally, she knew there were past issues related to having to gather all
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
of the ballots here at City Hall then drive them to Riverside, taking quite a bit
more time. She wondered if there was any resolution to that issue.
MR. MARKS said their office has facilitated the use of vehicles that will be
going back and forth throughout the day and evening so that ballots will be
collected more than once, as well as from the Post Offices. Additionally, it
was noted that Registrar Barbara Dunmore has personally promised that
there will be more and more trucks coming in and out of the desert area on
November 2 so that a pretty good count would be available by late evening.
He and Ms. Etzold affirmed that the process would be much improved from
both 2006 and 2008 Elections.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 23, 2010; the
Adjourned Regular Meetings of September 15 and September 16, 2010.
Rec: Approve as presented.
Removed for separate consideration. Please see the resulting discussion
and action under agenda Section XI - Consent Items Held Over.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 75, 76, 77, 80, 81, and 85.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY(#669) by Stephanie A. Myers in the Amount of
$13,751.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
D. CLAIM AGAINST THE CITY (#670� by Lorel Cornman in the Amount of
$6,000,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
E. CLAIM AGAINST THE CITY (#671) by Willard L. Johnson in the Amount of
$6,000,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
F. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of May 2010, June 2010, July 2010, and August 2010 (Joint Consideration
with the Palm Desert Redevelopment Agency).
Rec: Receive and file.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fresh Agave
Mexican Bar & Grill, 73-325 Highway 111, Palm Desert.
Rec: Receive and file.
H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sense,
73-675 Highway 111, Palm Desert.
Rec: Receive and file.
I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Venue
Sushi Bar & Sake Lounge, 73-111 EI Paseo, Suite 103, Palm Desert.
Rec: Receive and file.
J. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Audit, Investment & Finance Committee Meeting of June 22, 2010
and July 27, 2010.
2. Cultural Resources Preservation Committee Meeting of June 29,
2010.
3. Landscape Beautification Committee Meeting of July 21, 2010.
4. Library Promotion Committee Meeting of July 21, 2010.
5. Parks & Recreation Commission Meetings of July 20 and
September 7, 2010.
Rec: Receive and file.
K. REQUEST FOR APPROVAL of Reimbursement of the Art In Public Places
Fee in the Amount of $25,937.50 for "Journeys of the Imagination" by
Gary Price for EI Paseo Village (EI Paseo Land Co. LLC, c/o Davis Street
Land Co., Applicant).
Rec: By Minute Motion, approve reimbursement of the Art In Public Places
Fee in the amount of$25,937.50 for"Journeys of the Imagination" by
Gary Price, the public art component for EI Paseo Village located at
73-405, 73-425, and 73-445 EI Paseo, Palm Desert — funds are
available in Account No. 436-0000-228-9900.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
L. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C29490 —
Landscape Maintenance Area No. 2 — to Add Monthly Maintenance of the
Bike Path on Magnesia Falls Drive Between Deep Canyon and Cook Street
(Project No. 902-10).
Rec: By Minute Motion, approve Amendment No. 1 in the amount of
$4,760 to the subject contract with Pinnacle Landscape Company,
Inc., Santa Ana, California, to add the monthly maintenance of the
bike path on Magnesia Falls Drive between Deep Canyon and Cook
Street to Landscape Maintenance Area No. 2—funds are available in
General Fund Account No. 110-4614-453-3370-Repair/Maintenance
Medians.
M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29720 —
2010 Citywide Resurfacing Project(Project No. 752-10)(Matich Corporation,
San Bernardino, 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.
N. REQUEST FOR AUTHORIZATION to Release Security for Street
Improvements Along Monterey Avenue at Atria Senior Living and Accept the
One-year Maintenance Deposit for the Project (Atria Senior Living Group,
Inc., Applicant).
Rec: By Minute Motion, release security for Atria Senior Living street
improvements and accept the One-year Maintenance Deposit.
O. REQUEST FOR AUTHORIZATION to Release Rough Grading Security for
EI Paseo Village Located on EI Paseo Between San Pablo Avenue and
Lupine Lane (Case No. PP 07-10) (EI Paseo Land Company, LLC,
Applicant).
Rec: By Minute Motion, release rough grading security for EI Paseo Village
Project (Case No. PP 07-10).
P. REQUEST FOR AUTHORIZATION to Submit Application for Tree City USA
Designation for the City of Pam Desert.
Rec: By Minute Motion: 1) Authorize staff to submit an application to the
State Forester for the City to be considered for The Tree City USA
designation; 2) authorize the Mayor to execute the application.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
Q. REQUEST FOR AUTHORIZATION to Participate in the Riverside County
Sheriff's Department's 2010 "Shop With a Cop" Program in an Amount Not
to Exceed $2,800.
Rec: By Minute Motion, approve of City of Palm Desert's participation in the
2010 "Shop With a Cop" Program in an amount not to exceed
$2,800 — funds are available in Police Contingency Account
No. 110-4210-422-3042.
R. REQUEST FOR AUTHORIZATION to Participate in the Riverside County
Sheriff's Department's 2011 "Every Fifteen Minutes" Program in an Amount
Not to Exceed $7,000.
Rec: By Minute Motion, approve the City of Palm Desert's participation in
the 2011 "Every Fifteen Minutes"Program in an amount not to exceed
$7,000 — funds are available in Police Contingency Account
N o. 110-4210-422-3042.
S. REQUEST FOR AUTHORIZATION to Participate in a Commemorative Insert
in The Desert Sun, Marking the 25th Anniversary of California State
University, San Bernardino's, Presence in the Coachella Valley.
Rec: By Minute Motion, approve the City of Palm Desert's participation in
The Desert Sun Commemorative insert in the amount of$500—funds
are available in the Marketing - Special Events Account,
N o. 110-4416-414-3062.
T. REQUEST FOR APPROVAL of Out-of-State Travel for the Landscape
Manager to Attend the 2010 Irrigation Association Conference in Phoenix,
Arizona, December 4 - 7.
Rec: By Minute Motion, authorize the Landscape Manager to attend the
2010 Irrigation Association Conference in Phoenix, Arizona,
December 4 - 7, at an estimated cost of$1,820—funds are available
in General Fund Account No. 110-4614-453-3120 - Landscape
Services Conferences/Seminars/Workshops.
U. REQUEST FOR APPROVAL of Exemption from Palm Desert Municipal
Code Sections 9.58.010 and 9.58.020 in Connection with the Sale,
Possession, and Consumption of Wine and/or Spirits at the Joslyn Center's
Sponsored Events for Fiscal Year 2010-2011.
Rec: By Minute Motion,approve the exemption from Palm Desert Municipal
Code Sections 9.58.010 and 9.58.020 to permit the sale, possession,
and consumption of wine and/or spirits at the Joslyn Center's
sponsored events as enumerated in the accompanying staff report.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
Mayor Pro Tem Ferguson asked for separate consideration of Item A -
Minutes.
In answer to Councilman Kroonen regarding how he could abstain from
voting on a single item on the Consent Calendar, as in today's case to
abstain from voting on the Minutes of the meetings of September 15 and
September 16 since he was not yet a Member of the City Council, Mr. Erwin
advised that merely mentioning prior to the vote that he wished to abstain on
a specific item would be sufficient. Then the vote will be recorded as an
abstention for a specific item and approving the remainder.
Upon a motion by Benson, second by Spiegel, and 5-0 vote of the City Council, the
remainder of the Consent Calendar was approved as presented. 5=0
XI. CONSENT ITEMS HELD OVER
A. MINUTES of the Regular City Council Meeting of September 23, 2010; the
Adjourned Regular Meetings of September 15 and September 16, 2010.
Mayor Pro Tem Ferguson wondered why the Minutes for the Adjourned
Regular Meeting of September 20, 2010, were not included on today's
agenda.
Ms. Klassen responded that since she didn't have them completed by the
time today's agenda needed to be posted last Friday, she didn't include them
on the list of Minutes to be considered. She just finished them this morning
and would be placing them on the agenda for the meeting of October 28,
2010.
Councilman Ferguson moved to approve the Minutes of the Regular City Council
Meeting of September 23, 2010, and the Adjourned Regular Meetings of September 15
and September 16, 2010, as presented. Motion was seconded by Benson and carried by
4-0 1 vote, with Kroonen ABSTAINING from the vote on the Minutes for the meetings of
September 15 and September 16, 2010.
XII. RESOLUTIONS
A. RESOLUTION NO. 2010 - 76 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, IN SUPPORT OF
"BUSINESS FRIENDLY PRINCIPLES" AS PART OF THE SOUTHERN
CALIFORNIAASSOCIATION OF GOVERNMENT'S DEVELOPMENTOFA
SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY.
Councilman Kroonen moved to waive further reading and adopt Resolution
No. 2010-76. Motion was seconded by Spiegel and carried by 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1217 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED
CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE
2010 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS,
TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND
AMENDMENTS.
Mayor Pro Tem Ferguson moved to waive further reading and pass Ordinance
No. 1217 to second reading at a public hearing to be conducted at the meeting of
November 18, 2010. Motion was seconded by Benson and carried by a vote of 5-0.
For Adoption:
None
XIV. NEW BUSINESS
None
XV. CONTINUED BUSINESS
A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF
SEPTEMBER 9, 2010(Continued from the meeting of September 23, 2010).
Councilmember Benson moved to approve the Minutes of the Regular City Council
Meeting of September 9, 2010, as presented. Motion was seconded by Spiegel and
carried by a 4-0-1 vote, with Kroonen ABSTAINING.
B. REQUEST FOR APPROVAL OF ADVERTISING DESIGN SERVICES AS
PRESENTED BY OFF MADISON AVE. (CONTRACT NO. C30110)
(Continued from the meetings of July 27, August 26, and September 23,
2010).
Mayor Pro Tem Ferguson moved to, by Minute Motion, continue this matter to a
date uncertain. Motion was seconded by Benson.
Councilman Spiegel commented that this item has been continued for some
time. Now the season was getting underway without a good advertising
program in place, and the City lost its Marketing Manager last week. He
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asked how soon the City would see something giving direction for its
Marketing Program.
Mr. McCarthy responded that staff was reviewing this and the following item
on the agenda; given the passage of time, their relevance needs to be
readjusted, especially in terms of advertising buys. Therefore, Advertising
Design and the Media Plan will both be modified accordingly and brought
back for action as soon as possible, perhaps as early as the next meeting.
Additionally in answer to further question about how the Marketing
responsibilities are being handled, he said there were three people currently
attending to the duties: the Economic Development Manger, Visitor
Information Center Manager, and Public Information Officer(PIO) have each
picked up various components of the Marketing Program. Therefore, staff
was carrying forward with the basic plan for the next couple of months, and
part of the effort would include looking forward to see if
adjustments/modifications should be considered as the City enters the
budgetary process for next year. He affirmed that the Marketing Committee
would be part of the process.
Mayor Finerty called for the vote on the motion to continue the Advertising Design
Services item to a date uncertain, and it carried 5-0.
C. REQUEST FOR APPROVAL OF THE 2010/2011 MEDIA PLACEMENT
PLAN (Continued from the meetings of July 27, August 26, and
September 23, 2010).
Mayor Pro Tem Ferguson moved to, by Minute Motion, continue to a date uncertain.
Motion was seconded by Benson.
Councilman Spiegel remarked that while he watched the 11 o'clock news last
evening, both Channels 2 and 6 each had an expose regarding Palm Desert
empty storefronts. All of the meetings he's attended recently where various
candidates are being asked what's going on in the City — how it's being
marketed, it's not enough, too many empty stores— led him to believe there
is a problem in the City.
Mayor Pro Tem Ferguson said that before it begins buying any advertising,
he wanted to see a complete report on: 1) How the City was re-staffing the
empty position; 2) how the budget has been readjusted; 3) what the plan is
going forward; 4) who the advertising would be brought from and where it
would be bought to fit the modified plan — all before staff brings anything
back to the City Council.
Councilmember Benson observed that in the meetings she's attended, the
question asked was how the City is going to market Palm Desert, but there
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REGULIAR ALM'DESERT CITY COUNCIL MEETING � C�OBER 14, 2010
was no reflection that empty storefronts on EI Paseo were the City's fault; it
was because of the economy.
Responding to further comment, Mayor Pro Tem Ferguson noted the City did
not take its direction from the television stations.
Mayor Finerty called for the vote on the motion to continue the 2010/2011 Media
Placement Plan item to a date uncertain, and it carried by 5-0.
XVI. OLD BUSINESS
A. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS AND
AUTHORIZE STAFF TO NEGOTIATE WITH KAMRAN AND COMPANY,
INC., FOR CONTRACT NO. R29450D — DESERT WILLOW KITCHEN
EQUIPMENT PROJECT AT DESERT WILLOW GOLF RESORT (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Councilman/Member Kroonen moved to, by Minute Motion, reject all bids and
authorize staff to negotiate with Kamran and Company, Santa Barbara, California, for the
subject contract for Kitchen Equipment at Desert Willow Golf Resort—funds are available
in Desert Willow Golf Course Maintenance Fund 241. Motion was seconded by Ferguson
and carried by 5-0 vote.
B. REQUEST FOR AUTHORIZATION TO NEGOTIATE AND FINALIZE A
FUNDING AGREEMENT BETWEEN THE CITY OF PALM DESERT AND
THE CHILDREN'S DISCOVERY MUSEUM OF THE DESERT (CDMOD)
FOR THE EXPANSION AND RENOVATION OF THEIR CURRENT
FACILITY (CONTRACT NO. C30150).
Councilman Spiegel noted the CDMOD has requested $500,000, but there
was no mention of what either Indian Wells or Rancho Mirage was going to
contribute and asked if that was known.
Senior Management Analyst Catherine Walker called attention to the letter
that was included in the staff report indicating Rancho Mirage's commitment.
However, she noted that the representatives here today from CDMOD could
probably provide a better response.
Councilmember Benson offered to answer as the City's liaison to the
CDMOD. She said CDMOD initially made a request for$1 million from each
of the three cities. However, both Rancho Mirage Councilman Richard Kite
and she agreed it was unrealistic to ask for that amount, suggesting instead
that it be cut in half. Palm Desert was then the first one to come in with a
$500,000 commitment. Rancho Mirage came in with $250,000, and its
Councilman Kite persisted to get it increased to $500,000 to match
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Palm Desert. Officials were still awaiting word from Indian Wells; hopefully,
they will come forward. The three cities authorized the Museum years ago
with matching funds — the Museum raising half of the money — and the
Board of Directors there still believes the cities should all still participate and
hoped to hear a positive response from Indian Wells.
Councilman Spiegel agreed it was a wonderFul facility and asked about the
total cost for the remodel.
MR. SCOTT WILSON, Board President of the Children's Discovery Museum
of the Desert(CDMOD), responded that the current budget for the expansion
is$2.6 million. In further response, he said the Museum has raised all of the
amount that is required, provided that Palm Desert approves its contribution
today. However, he noted it does include the Museum using some of its
reserve funds for this purpose. He added to Councilmember Benson's
earlier comment that there is some interest, and the Museum plans to go
back and ask Indian Wells to participate; otherwise, with Palm Desert's
approval, they're ready to go with the$2.6 million. Additionally, he confirmed
that the Cities of Rancho Mirage and Palm Desert each made their$500,000
commitment two years ago. He thanked the City Council for being a great
Cove Communities Partner and said that CDMOD was excited to get started
with the expansion/renovation project, especially because of Palm Desert's
leadership on it.
Councilman Spiegel moved to, by Minute Motion: 1)Authorize staff to negotiate and
finalize a Funding Agreement between the City of Palm Desert and the Children's
Discovery Museum of the Desert; 2) approve said Agreement substantially as to form; 3)
authorize the City Manager to approve and Mayor to execute the Funding Agreement in
the amount of$500,000 for the purpose of expanding and renovating the existing facility,
specifically for the procurement of new exhibits—funds are available in Special Programs,
Account No. 400-4800-454-3902. Motion was seconded by Kroonen and carried by 5-0
vote.
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF LOCAL HISTORIC LANDMARK
DESIGNATION FOR THE PALM DESERT COMMUNITY CENTER
(FORMER PALM DESERT COMMUNITY LIBRARY) LOCATED AT 45-480
PORTOLAAVENUE Case No. CRPC 10-03(Cityof Palm Desert,Applicant).
Mayor Finerty noted the staff report provided in the agenda packet and
asked City Councilmembers if they had any questions. None were asked.
Mayor Finerty declared the public hearing open and invited testimony in SUPPORT
or OPPOSITION to the matter. With no testimony offered, she declared the public
hearing closed.
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Councilman Spiegel felt it was a great idea and moved to waive further reading and
adopt Resolution No. 2010 - 77, reaffirming the action of the Cultural Resources
Preservation Committee to designate the Palm Desert Community Center (former
Palm Desert Community Library) located at 45-480 Portola Avenue (Assessor's Parcel
Numbers 625-132-044 and 625-132-043) with Landmark Designation in accordance with
Section 29.40.010 of the Palm Desert Municipal Code. Motion was seconded by Benson
and carried by a vote of 5-0.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Consideration of the Palm Desert After School Programs' Golf Cart
Parade Entry and Participation.
Ms. Riddle stated that since the agenda for today's meeting was
posted, she received a call from Councilman Spiegel expressing
interest in riding on the golf cart in the Parade because of his strong
involvement in the After School Program. Additionally, there were
now two seats available; Palm Desert Charter Middle School Principal
Sallie Fraser will not be able to participate, which freed up one of the
seats. She asked if any other Councilmember wished to ride on the
golf cart.
Mr. Wohlmuth noted that the Parade would be held Sunday,
October 31, at 1:00 p.m.
With City Council concurrence, Councilman Spiegel would be the designated
representative riding on the Golf Cart Parade Float.
2. Status Report on the "Richard S. Kelly Memorial Bridge."
Mr. Wohlmuth said following the City Council's decision to dedicate
the Portola Avenue Bridge over the Whitewater Channel to former
Councilman Kelly, staff now had some renderings of the plaques that
will be mounted to the belvederes for pedestrian traffic, along with
plaques on the north and south ends of the Bridge forvehiculartraffic.
He shared the plaque design and wording with Mary Helen Kelly and
will get her comments, some comments were also received from the
City Council, and he wanted to share it with the rest of the public
today. He added that RCTC (Riverside County Transportation
Commission), CVAG(Coachella Valley Association of Governments),
and Kemper Sports Management have each agreed to provide$1,000
toward the cost of producing and placing the plaques on the Bridge.
One of the plaques will talk about Dick Kelly's commitment to the
regional transportation system, and the other about his commitment
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
to the City of Palm Desert for 28 years. He said if there were any
comments or concerns about the wording or plaque size, they should
be forwarded to him, and modifications will be made.
At the end of the today's meeting under Housing Authority Agenda
Section XI - Oral Communications - C, the Palm Desert Chamber of
Commerce also agreed to provide $1,000 toward the plaques.
3. Application for Grants bythe Police Department/Sheriff's Department.
Mr. Wohlmuth reported that the Palm Desert Police Department will
be applying for two grants: 1) "Click it or Ticket" Grant of$1,740 from
the Statewide Seatbelt Enforcement Program;2) DUI Mini-Checkpoint
Grant of $26,000 from the DUI Reduction Program. He said
Lt. Shouse will be completing the applications by October 18.
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
o City Council Consideration of Travel Requests and Reports:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
o City Council Committee Reports:
None
o City Council Comments:
1. Electric Vehicle Rally Day- Saturday, October 16—Mayor Pro
Tem Ferguson reminded everyone of the Rally that starts at
10:00 a.m. in Coachella and Palm Springs simultaneously,with
most major manufacturers of road-quality electric vehicles
being represented. They will be starting at every City Hall in
the Coachella Valley and converge in Palm Desert at the
GreenZone in the Industrial Park. The City will showcase its
ZEN electric vehicle. There will be a big rally celebrating
alternative vehicles at the GreenZone at 10:00 a.m., with
Palm Desert being one of the only cities in the United States
to have its roads striped for electric vehicles, thanks to former
Councilman Kelly over a decade ago. It will be a great day for
the City, with national media coverage of the event, and he
invited everyone interested in alternative energy and
transportation to attend.
2. Aspen Accord — Mayor Pro Tem Ferguson reported that the
Aspen Accord will be meeting in south Palm Desert on
October 28, including all the utilities in California, to discuss a
Feed-in Tariff Program for the Coachella Valley to provide low-
or no-cost electricity for residents.
XIX. ADJOURNMENT
On a motion by Kroonen, second by Ferguson, and unanimous vote of the City
Council, Mayor Finerty adjourned the meeting at 4:42 p.m.
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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