HomeMy WebLinkAboutPreliminary Minutes - City Council - February 10, 2011DRAFT
PRELIMINARY MINUTES :It\
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 10, 2011
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Deputy City Clerk Grace Mendoza convened the meeting at 3:00 p.m. Due to lack
of a quorum, she adjourned the meeting to 3:30 p.m.
Mayor Benson reconvened the meeting at 3:30 p.m.
11. ROLL CALL
Present:
Councilmember Cindy Finerty
Councilmember Jan C. Harnik
Councilman William R. Kroonen
Mayor Pro Tern Robert A. Spiegel
Mayor Jean M. Benson
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
Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Dan Wilham, Chief of Police, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
DRAFT
FEBRUARY 10, 2011
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 Spiegel, second by Finerty, and 5-0 vote of the City Council,
Mayor Benson adjourned the meeting to Closed Session at 3:32 p.m. She 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 Pro Tern Robert A. Spiegel
VII. INVOCATION - Mayor Jean M. Benson
Vill. ORAL COMMUNICATIONS - B
MR. JOSEPH GAUGUSH, Broken Arrow Trail, Palm Desert, CA, stated he was
promoting and seeking Council's support for the Annual Alzheimer's Associations
Memory Walk to be held Saturday, March 5, at the Civic Center Park. He said this
event was near and dear to his heart as he lost his wife Mary to Alzheimer's in
October 2008. He said the walk was an important fundraising effort on the part of
the Association, because they provided much needed services for those affected
by Alzheimer's and those in the care giver mode. He distributed flyers to the
Council and stated he hoped to see them at the event. Additionally, he requested
permission to display the flyers in the public areas in City Hall.
Mayor Benson requested he provide the flyers to the City Manager who will
distribute accordingly.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF
FEBRUARY 2011 AS "FAFSA (FREE APPLICATION FOR FEDERAL
STUDENT AID)" MONTH IN THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Benson presented the proclamation to
Mr. Terry Green, Director of Education and Workforce Development.
MR. TERRY GREEN expressed his appreciation to the Council for the
proclamation. He said in partnership with Coachella Valley Economic
Partnership (CVEP) they are underway on a month -long campaign to raise
awareness among the youth, high school and college students in particular,
for the ability to receive free financial aid, which can be applied for by going
on-line. He said an overwhelming number of students in the Coachella
Valley are considered low-income students and eligible for financial aid.
What's been discovered is that only a third of the students who are eligible
actually apply, and obtaining a scholarship for $10,000 was the difference
between achieving a college degree or not. He said CVEP has organized a
valley -wide campaign with all the school districts competing by having all the
high schools participate. The winning high school in each district with the
highest percentage of Free Application for Federal Student Aide (FAFSA)
completed will win $3,000 from CVEP toward a senior trip or senior event.
A special fundraiser will take place tomorrow at UCR-Palm Desert to raise
funds to give prizes to the schools. He urged the Council's support at the
fundraiser, stating Economic Development Manager Ruth Ann Moore had
tickets available to sell.
Mayor Pro Tern Spiegel stated he received an e-mail from the Mayor of
Cathedral City stating February was FAFSA month and announcing that
tomorrow UCR will be providing a concert.
MR. GREEN said entertainment will be provided from four different high
schools in the Valley with free food and refreshments for those that attend
at $100 a ticket. Further responding, he said the way to raise the percentage
for your school is by getting as many students possible from your high school
to fill out the FAFSA application. .
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B. APPOINTMENTS TO VARIOUS VACANCIES ON AND REAPPOINTMENTS TO THE
CITY'S STANDING COMMITTEES AND COMMISSIONS.
Mayor Pro Tem Spiegel moved to, by Minute Motion, make the following
appointments/reappointments to the respective City Committees and Commissions:
1) Art In Public Places Commission: Appoint Lesley Miller to fill the unexpired
term of John Weston (12/31/11) and appoint Maureen Boren to a four-year
term (12/31/14) to fill the expired term of Barbara Stenning; reappoint
Katherine Hough to a four-year term (12/31/14).
2) Audit. Investment & Finance Committee: Appoint Susan Marie Weber to a
four-year term (12/31/14) to fill the expired term of Jono Hildner.
3) Building Board of Appeals & Condemnation: Reappoint Pamela Martin and
Denise Poeltler each to a four-year term (12/31/14).
4) Cultural Resources Preservation Committee: Appoint Arthur Davis to fill the
unexpired term of Vera Handley (12/31/11); reappoint Kim Housken and
D. Kent Routh each to a four-year term (12/31/14).
5) Housing Commission: Appoint Robert Nevares for a four-year term
(12/31/14) to the Resident Commissioner position formerly held by
Charles Helsper; reappoint Gene Colombini, Donna Lewis, and
Natalie Russo each to a four-year term (12/31/14).
6) Library Promotion Committee: Appoint Aaron Bonner to the unexpired term
of Betty Carapellese (12/31/12); reappoint Joan Beasley, Lois Cardona, and
Louise Kermode each to a four-year term (12/31/14).
7) Marketing Committee: Appoint Rolf Hoehn to the term formerly held by
Brent Wise (12/31/14); reappoint Michael Shimer to a four-year term
(12/31/14).
8) Parks & Recreation Commission: Appoint Mary Helen Kelly to the unexpired
term of Terry Schukart (12/31/12) and Dean Dowty to the expired term of
A. Phill Babcock, Jr. (12/31/14).
9) Planning Commission: Appoint Roger Dash to a four-year term (12/31/14)
to fill the expired term of Mari Schmidt; reappoint M. Connor Limont to a
four-year term (12/31/14).
10) Project Area No. 4 Committee: Appoint Berit Reistad-Daly to a four-year
term (12/31/14) to fill the vacancy created by Doug Luhring's transfer to the
Public Safety Commission; reappoint Ron Crisp and Jane Daugherty each
to a four-year term (12/31/14).
11) Public Safety Commission: Appoint Doug Luhring to a four-year term
(12/31/14) to fill the expired term of James Larsh; reappoint Rick Lebel to
a four-year term (12/31/14).
12) Rent Review Commission: Appoint Ken Dorf to the unexpired term of
Steve Koffler (12/31/11) and appoint Richard (Dick) Porch to the unexpired
term of Alternate Commissioner Charles Brown (12/31/11).
13) Youth Committee: Reappoint Kevin Autran, Laura Baldwin, Chris Benedetto,
Julien Bloch, Adam Chaplin, Carl Gerhardt, Donald (Bryce) Griffith,
Natalie Grum, Antonia (Toni) Gutierrez, Will Harvey, Mykos Marcinkevicius,
Garrett Powell, Landen Powell, Sydney Werry, and Wes Wohlmuth each to
a one-year term (12/31 /11).
Motion was seconded by Kroonen and carried by a 5-0 vote.
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X. CONSENT CALENDAR
DRAFT
FEBRUARY 10, 2011
A. MINUTES of the Regular City Council Meeting of January 27, 2011.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 155, 160, 161, and 166.
Rec: Approve as presented.
C. LIBRARY PROMOTION COMMITTEE MINUTES for the Meeting of
November 17, 2010.
Rec: Receive and file.
D. REQUEST FOR APPROVAL of the Streamlined List of Vendors for the
Special Programs Department for Solid Waste, Recycling, and Special
Events by Granting an Exception to City Bidding Requirements -
Fiscal Year 2010-2011.
Rec: By Minute Motion: 1) Grant an exception to the bidding requirements
as provided for in Palm Desert Municipal Code Section 3.32.090 for
FY 2010-2011; 2) approve the Special Programs/Events Vendors List
as presented in the accompanying staff report.
E. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R29420A —
Lakeview Terrace Expansion Project at Desert Willow Golf Resort
(DavisReed, Inc., San Diego, CA) (Joint Consideration with the
Palm Desert Redevelopment Agency).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
F. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R29450C —
Kitchen/Building Expansion Project at Desert Willow Golf Resort
(The Penta Building Group, Palm Desert, CA) (Joint Consideration with
the Palm Desert Redevelopment Agency).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
Upon a motion by Kroonen, second by Spiegel, and 5-0 vote of the City Council, the
Consent Calendar was approved as presented.
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XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
A. RESOLUTION NO. 2011 - 7 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC
HEARING FOR CONSIDERATION OF A STREET NAME CHANGE FOR
35T" AVENUE IN THE CITY LIMITS.
Mayor Pro Tern Spiegel moved to waive further reading and adopt Resolution
No. 20 11 -7. Motion was seconded by Harnik and carried by a 5-0 vote.
B. RESOLUTION NO. 2011 - 8 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A DIVISION
OF THE PRESENT RETIREMENT SYSTEM AND ALLOWING EACH
ELIGIBLE MEMBER TO ELECT WHETHER OR NOT HIS SERVICES
SHOULD BE EXCLUDED FROM OR INCLUDED UNDER THE SAID
CALIFORNIA STATE SOCIAL SECURITY AGREEMENT AS
HEREINBEFORE PROVIDED; WITH SUCH "MEDICARE -ONLY"
COVERAGE EFFECTIVE AS A SERVICE PERFORMED ON AND AFTER
JULY 1, 2011.
Human Resources Manager Lori Carney stated the proposed Resolution
only applied to employees who were hired by the City prior to April 1, 1986,
which is when the Federal Government enacted Medicare and required all
public employees to participate in the system; prior to that date, Medicare
participation was not required for public employees. People who were
current employees at that time were grandfathered out of the Medicare
system; therefore, the City has six long-standing employees that have not
contributed to the system and may not be eligible for Medicare. The
proposed Resolution will allow those employees to elect to participate into
the system going forward so that they can earn credits in the Medicare
system. Responding to question, she said in the long run it will save the City
money, because then when those employees reach the age of 65 and are
eligible for Medicare, their premiums will go down.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution
No. _2011- 8.
Responding to question, Ms. Carney said only one of the six employees had
shown any interest, because people can obtain Medicare eligibility through
a spouse.
Motion was seconded by Finerty and it carried on a 5-0 vote.
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XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1220 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT
MUNICIPAL CODE CHAPTER 2.52 BY AMENDING SECTIONS 2.52.900,
2.52.905, 2.52.910, 2.52.915, AND 2.52.925, AND ADDING
SECTIONS 2.52.930 AND 2.52.935 RELATIVE TO
DISCIPLINARY ACTIONS.
Human Resources Manager Lori Carney stated this was the second reading
of the Ordinance. She said staff was not changing the discipline policy but
making the procedure more detailed for enacting discipline under State and
Federal rules.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance
No. 1220. Motion was seconded by Finerty and carried by a 5-0 vote.
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS FOR THE
CITYWIDE LIGHTING INVENTORY AND ELECTRICAL INSPECTION
PROJECT AND DIRECT STAFF TO EVALUATE ALTERNATIVES
(CONTRACT NO. C30410).
Mr. Greenwood stated staff attempted to streamline and improve the
efficiency of the way it conducted lighting maintenance in parks and parking
lots. However, the way the request for bid was packaged, staff grouped
subcontractors who didn't normally work together and as a result, the bids
were much higherthan anticipated, and therefore, staff recommends Council
reject the bids. He said staff networked a step process to approach this
issue in smaller pieces through a series of smaller contracts, which will be
more efficient. Responding to question, he said the City has more than
2,500 lights in parking lots and parks, which requires specialized work to be
done by electricians, because they are dealing with very high voltage. He
said the lights fail frequently and need to be maintained. Staff currently calls
an electrician to respond on a case by case basis, which is not the most
efficient process. Responding to question on using solar to make it cheaper
for the City, he said it was unlikely, but he will look into it.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2011
Councilmember Finerty asked if it was possible to conduct weekly or
bi-weekly inspections.
Mr. Greenwood answered yes, which is how they find out certain lights are
burned. He said staff could handle a burned bulb, but frequently it was much
more involved with starters and electronic components when they call
someone on a case by case basis.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Reject all bids received for
the Citywide Lighting Inventory and Electrical Inspection Project; 2) direct staff to evaluate
alternative methods for performing the work. Motion was seconded by Kroonen and
carried by a 5-0 vote.
B. REQUEST FORAW RD OF CONTRACT HE AMOUNT OF $49 0O19OFOR CONS
CONTRACTOR IN T RUCT ON OF
THE FREEDOM PARK WELL SITE WALL (CONTRACT NO. C23210G,
PROJECT NO. 713-10).
Mr. Greenwood stated the City was required to provide this well site to
Coachella Valley Water District (CVWD) when it build the Freedom Park
Complex, and staff was now getting around to finishing up the improvements
that CVWD requires. Additionally, City staff has been out there installing the
drainage aspect that went with the well site, but this contract was for the
perimeter wall around the well site. He said a subsequent contract is
forthcoming in a couple of months for installation of the electrical supply to
the well site. He pointed out the cost is offset by a deposit received from the
adjacent Stonebridge Homes Development. Further responding to question
on why the City was required to provide a well site and then build a wall
around it, he said in order for the water district to provide water, they require
the City and/or any developer of land to dedicate a certain amount of land,
which was usually about a half an acre per location and also provide a well
site.
Councilman Kroonen asked if it was similar to holding control of the valve,
and if the City didn't play their game, the water was turned off.
Mr. Greenwood answered yes.
Councilman Kroonen moved to, by Minute Motion: 1) Waive irregularities in the bid;
2) award the subject contract for Construction of the Freedom Park Well Site Wall to John
Barajas Masonry Contractor, Bermuda Dunes, California, in the amount of $49,019.00; 3)
authorize the Director of Finance to set aside a 10% contingency in the amount of
$4,901.90; 4) authorize the Mayor to execute said contract; 5) budget revenue of
$53,920.90 from the funds deposited in deferred revenue; 6) appropriate $53,920.90 from
Unobligated Fund 400 to Freedom Park Project Account No. 400-4670-454-4001 —
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$65,925.51 has been deposited by the Stonebridge Development to contribute toward
construction of the well site. Motion was seconded by Finerty and carried by a 5-0 vote.
C. REQUEST FORAPPROVAL OF A ONE-YEAR LEASE AGREEMENT WITH
DONNA PISZCZOR FOR OPERATION OF A REMOTE -CONTROLLED
CAR RACETRACK ON A VACANT, CITY -OWNED PARCEL LOCATED ON
PAINTERS PATH (APN 640-091-010) (CONTRACT NO. C29461).
Senior Management Analyst Ryan Stendell stated this contract represented
a one-year extension to the existing remote control car racetrack that resides
to the rear of The Desert Crossing Shopping Center. The operators had an
extremely successful first year, which concluded with a Toys for Tots drive
in December and did an amazing job in their first year to bringing the track
back to life and providing a new unique recreational opportunity in Palm
Desert. Staff recommends approval of the Lease Agreement for another
year of operation.
Councilman Kroonen moved to, by Minute Motion, authorize the Mayor to execute
the subject One-year Lease Agreement with Donna Piszczor for operation of a remote -
controlled car racetrack on a vacant, City -owned parcel located on Painters Path
(APN 640-091-010). Motion was seconded by Spiegel and carried by a 5-0 vote.
D. REQUEST FOR AWARD OF CONTRACT TO MONA LEA'S INTERIOR
DESIGN SOURCE IN AN AMOUNT NOT TO EXCEED $64,868.60 FOR
THE DESERT WILLOW BANQUET CHAIRS (CONTRACT NO. R29420D).
Councilmember Finerty asked how many chairs were being purchased.
Redevelopment Manager Martin Alvarez answered 300. He said the Desert
Willow expansion was complete and the subject contract will allow for the
purchase of 300 banquet chairs to service the expanded project and terrace.
Mayor Pro Tern Spiegel questioned why the other bids were nonresponsive,
specifically MTS Seating, which was half the amount.
Mr. Alvarez responded the specifications called for durability, construction
type, height, width, etc., and some contractors or vendors proposed
alternates that did not meet the specifications requested, which is why there
is a price difference as well. Further responding, he confirmed the
alternates were not of the same quality.
Councilmember Finerty asked what was the life expectancy of the chairs
from Mona Lea's Interior Design Source as opposed to the chairs from MTS
Seating, and why did MTS Seating submit two different bids.
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Mr. Alvarez said he didn't have the exact warranty information, but thought
Mr. Rich Mogensen from Desert Willow could answer that question, but with
respect to the two bids, he said MTS Seating submitted two different
alternates.
MR. RICH MOGENSEN, Desert Willow General Manager, stated there are
a lot of choices in seating with different types, ergonomics, and the different
aspects to consider, but the warranty was usually no more than a year,
because after that there is the wear and tear in a banquet environment. He
said most vendors respond if there is a consistent consequential problem,
but banquet chairs usually last five to seven years in terms of life
expectancy.
Councilmember Finerty stated if the warranty is for one year for Mona Lea's
and MTS Seating, the City can buy two sets of chairs from MTS for the price
of Mona Lea's.
MR. MOGENSEN agreed, but stated the quality of the product was not the
same, some of the products are made in China as opposed to the selected
seating, which was made in the United States. He said there were also
ergonomic aspects to consider, the comfort level, and its flexibility. He said
chairs were really an individual preference and staff tried to find chairs with
the quality they believed Desert Willow needed and also fit into the motif of
the resort. Further responding, he said the chairs did not have arms as they
are stackable banquet chairs used for events and wedding ceremonies for
seating 300 in the ballroom, dining room, outside, and other sections.
Mayor Pro Tern Spiegel stated he was in favor of the recommendation,
because the vendor was local and believed the vendor would stand behind
its product.
MR. MOGENSEN concurred.
Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Award the subject contract
to Mona Lea's Interior Design Source, Palm Desert, California, in an amount not to exceed
$64,868.60 for the Banquet Chairs at Desert Willow Golf Resort; 2) authorize the Mayor
to execute said contract forthis purpose —funds are available in Desert Willow Golf Course
Maintenance Fund, Account No. 241-4195-495-8092. Motion was seconded by Kroonen
and carried by a 5-0 vote.
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E. REQUEST FOR APPROVAL OF CONTRACTS FOR PERFORMING ARTS
AND FIREWORKS DISPLAY IN CONJUNCTION WITH PALM DESERT'S
2011 INDEPENDENCE DAY CELEBRATION ON MONDAY, JULY 4.
Ms. Riddle stated the item was for approval of contracts with Pyro
Spectaculars for the fireworks display and Side Street Strutters who will
perform the vocal and instrumental entertainment. Further responding, she
said it was the same vendors as last year.
Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Approve contract with Pyro
Spectaculars by Souza, Rialto, California, in the amount of $35,000 for professional staff
and pyrotechnic supplies and services for Palm Desert's 2011 Independence Day
Celebration (Contract No. C30590A); 2) approve contract with Side Street Strutters in the
amount of $7,500 to provide instrumental and vocal entertainment in conjunction with
Palm Desert's 2011 Independence Day Celebration (Contract No. C30590B); 3) authorize
the Mayor to execute said contracts — funds are available in Account
No. 110-4416-414-3061. Motion was seconded by Finerty and carried by a 5-0 vote.
F. REQUEST FOR AWARD OF CONTRACT TO FAMILY YMCA OF THE
DESERT FOR ANNUAL MANAGEMENT AND OPERATIONS OF THE
PALM DESERT AQUATIC CENTER (CONTRACT NO. C29400B).
Senior Management Analyst Ryan Stendell noted the staff report and City
Manager's memorandum outlining two changes to staff's original
recommendation.
Mayor Pro Tern Spiegel stated he wanted to know how staff arrived to the
prices the City will be charging and noted he had spoken to Mr. Ballew about
it already. He had the price list from a new water park that just opened up in
Riverside that he distributed to the Council where the individual day fee was
considerably more, which he understood because they had more slides and
things of that nature, but the season prices were less and it didn't make
sense to him. He believed in the summer there will be a lot of kids that will
want to have a summer pass to be at the pool every day. He asked staff to
review the fees.
Mr. Stendell agreed to review the fees, stating everything has been modeled
off the original Ballard*King Report and slightly modified through the Request
For Proposal(RFP) process with the YMCA. He said staff was curious about
the fees but not sure what the market will do. However, staff wants to post
fees that people will respond to, so it will take careful consideration with the
fees.
Mr. Wohimuth stated that in order for the City to establish fees, a resolution
will need to be adopted by the Council, but it was not the appropriate time.
Currently staff had the Ballard*King Report that identified the competitive
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price structure, but ultimately staff will work with the YMCA and bring a
resolution to the Council for that fee structure.
Councilman Kroonen stated he's always a little concern when Council
receives a last minute revision for additional funding. While he understood
the rationale, he wondered if that $30,000 difference had made any
difference in the recommendations as this contract came forward.
Mr. Stendell responded that because staff was on an aggressive timetable,
at the time the staff report was prepared, the figures were not finalized so
staff submitted figures it would like to see while still negotiating with the
YMCA. In fact, staff wasn't sure if it would be asking for a continuance or be
ready to approach it at this point.
Councilman Kroonen asked if it gave staff cause to pause for the larger
picture.
Mr. Stendell answered not in the first year, because of the extreme indirect
cost that will be incurred by the YMCA. He said the Finance Department,
Human Resource, and CEO will be spending an inordinate amount of time,
which will taper down in the following year. The contract is for the initial one
yearwith two potential extensions, so from a three-year standpoint, staff was
looking at renegotiating downward.
Councilman Kroonen stated the rationale was well stated and thanked
Mr. Stendell forthe explanation. Mr. Wohlmuth confirmed the answerto both
questions was no.
Mayor Benson stated the figures for the contract will be reviewed after the
first year.
Mr. Stendell agreed, stating a year from now staff will be looking at a much
different picture.
Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Authorize award of the
subject contract to Family YMCA of the Desert, Palm Desert, California, for Annual
Management and Operation Services for the Palm Desert Aquatic Center, and the Mayor
to execute same; 2) authorize expenditures associated with start-up operations as outlined
in Exhibit B; 3) appropriate said funds from the Unobligated General Fund Reserves to
Account No. 110-4199-499-5010 (Interfund Transfer Out) and budget estimated revenue
in new Fund 242 for tracking the Aquatic Center; 4) appropriate said funds from
Unobligated Aquatic Center Fund to Account No. 242-4549-454-3090. Motion was
seconded by Kroonen and carried by a 5-0 vote.
Councilmember Harnik commented that she appreciated all the great
programs the YMCA had and their success, but she also wanted to go on
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record that the City was building a pool for diving, which was something that
was not needed. She said the depth of the pool and the amount and
treatment of water was an ongoing expense, and there was a reason why
when everyone was a child there were diving boards on every pool and today
there are none. She knew the pool has been built, but she just had to say
it and go on the record.
Councilmember Finerty stated that issue had been voted on several times
as she recalls.
G. REQUEST FOR DIRECTION RELATIVE TO BROADCASTING OPTIONS
FOR CITY COUNCIL MEETINGS.
Information Technology Manager Clay Von Helf stated staff's
recommendation was to direct staff to include funds in next year's budget for
broadcasting City Council meetings. Staff also recommended Option No. 2,
which included Web streaming on the Web using standard definition
cameras. He said Option No. 2 will provide the greatest amount of flexibility
with the ability to provide Council meetings on the Internet both live and
archived. Web streamed meetings can provide links to items on the agenda,
which will bring up that section of the video and making it easy to go straight
to items citizens are interested in. When comparing the cost with the vendor
operated cameras, this option would require more money up front, but the
City will be able to recoup the cost in less than three years. He said by
owning the equipment and having it installed would allow greater flexibility to
be able to add Planning Commission meetings for little or no additional cost.
For instance, tomorrow's meeting with State representatives to discuss
redevelopment could be Web streamed.
Councilman Kroonen stated one of the con's listed by staff for Option No. 4
was higher ongoing cost.
Mr. Von Helf responded Option No. 4 included a yearly fee that ranged from
$15,000 to $30,000 a year as opposed to the other options, which is a
one-time fee.
Councilman Kroonen stated another con listed was that delayed broadcast
would have little value to residents and wondered why staff would make that
comment.
Mr. Von Helf said the thought was that residents watching a meeting live on
the Web could come down to City Hall and participate, as opposed to
watching a meeting that was old and the item had already been resolved,
and residents wouldn't have an opportunity to participate as much.
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MR. LEO SULLIVAN asked the Council to allow MS. MICHELE WILHAM to
join him at the dais. He said some may recall him from serving eleven years
on the Palm Desert Housing Commission or as the Chair of the Palm Desert
Chamber of Commerce in 2000-2001. He was now retired from the banking
industry and maintenance building to join several groups, one of them being
the Riverside County Office on Aging where he is an advisory council
member, and recently appointed to the California Senior Legislature. One
of the things that's not addressed for seniors in the community is the fact that
many of them do not know or have the ability to use a computer. Therefore,
going through the Web would not be a good choice. He said going through
Time Warner would be a better benefit, because most people have a
television or live in a facility that had a television. Whether a meeting was
live or not was apropos, because these people would not have the
opportunity to observe what went on at these meeting. He said many are
disabled and unable to attend the meeting, so that was not a very good
argument either. He urged the City Council to consider using the Time
Warner method as Palm Desert was one of two communities in the desert
that did not televise its meetings, and it was important to join the majority
rather than be in the minority. He said the senior community was growing in
exponential rates and services needed to be provided to them. He reminded
the Council that seniors were the Council's constituents who usually all
voted. He introduced Deputy Director of the Office on Aging Michele Wilham
who had data on seniors for the Council.
MS. MICHELE W ILHAM, Deputy Director on Aging with the Riverside County
Office on Aging, stated one of the things their office was particularly
concerned about in terms of their services and throughout California were
the baby boomers. She said baby boomers were born between 1946 and
1964, and the oldest boomers were turning 65 at an alarming rate in the
Country. She said about every eight seconds someone was turning 65. The
Office on Aging is shifting in terms of those who will become their customers
and services they will need to provide. She offered to answer any questions.
MR. GORDON SOLOMONSON, Oakwood Way, Palm Desert, CA, thanked
the City Council for addressing the subject of transparency, stating the
subject was long overdue. He believed there were more small business
owners in Palm Desert than large corporate owners, and small business
owners had been denied the opportunity to attend Palm Desert City Council
meetings held at 4:00 p.m. due to last minute closing activities. He asked
the Council to consider upgrading the audio sound system for the Council
Chambers.
MR. WILLIAM ANDERSON, Deer Grass Drive, Palm Desert, CA, stated he's
lived in Palm Desert since 1978, he was aging, and had a hearing problem.
With no disrespect intended, he said half of this meeting could have been in
Chinese, because he couldn't understand a word said. He said he heard
14
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words, but he didn't understand them because the acoustics were terrible.
He would prefer the meetings to be recorded so that he can watch them at
a later time on his T.V. He went on to say this was the age of transparency
in City Government, stating he served as a public servant for 32 years, and
when one forgets he works for the people, one loses their vantage point. He
said public employees' work for the people and the citizens should be
informed about what the City is doing. He urged the City Council to consider
televising the meetings.
Mayor Benson stated the Council was aware of all the acoustic problems and
it's been a problem since the building was built. She said the Council
Chamber had gone through many renovations and hopefully with the next
one the problem will be fixed.
MS. SUSAN MARIE WEBER, Buttonwood Drive, Palm Desert, CA, thanked
the City Council for placing this item on the agenda. She was really
interested to hear what Mr. Von Helf had to say, because she wanted the
Council to know how important it was to televise these meetings live. She
agreed with Mr. Sullivan's comments that many people are reaching the
senior age; however, she believed baby boomers were on computers,
because they are interested in live data and Web streaming; they all carry
their phones with them. One of the things that Palm Desert offers that other
cities didn't was the opportunity to speak and address an issue under Oral
Communications at the end of the meeting. She said Palm Desert has
always been a leader, but on this issue it was behind by decades compared
to other cities. She said in order for Palm Desert to be a leader or even be
in par with other cities, televising live and Web streaming on the Internet was
needed. She's excited about the possibility of having the Planning
Commission meetings televised as well, because many people she spoke
with are interested in what's going on in the City as mentioned by previous
speakers this evening and e-mail's sent to the Council.
Mr. Von Helf added that if Council chose Option No. 2, which included Web
streaming, it wouldn't prohibit the City from broadcasting on Time Warner.
He said once staff had the video file it would take a day or two to Web
encode the file to have it re -broadcast onto the Time Warner Channel.
Councilmember Harnik asked how was Option No. 4 different from Option
No. 2, which was staff's recommendation.
Mr. Von Helf stated Option No. 2 calls for permanently fixed cameras
attached to the wall around the Council Chambers that are automatically
controlled based upon which microphone was active, and it goes straight
onto the Web instantaneously with no vendors involved. Additionally, there
was only a one-time cost with about $1,000 a year for hosting the content
15
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and streaming. He said once the cameras are installed that would be it with
just the ongoing maintenance issue.
Councilmember Harnik stated she wasn't considering Option No. 2, because
televised broadcast was Was anot ything thatwo Id prein the staff plude the Council ort as part of Option
No. 2. She asked if there yt 9
exploring more than one of the listed options further.
Mr. Von Helf answered no, stating staff was here to receive direction from
the Council.
Mayor Pro Tern Spiegel asked who would install the cameras if Council
chose to televise with Time Warner.
Mr. Von Helf stated if Time Warner was chosen, cameras would need to be
manually operated by staff or a vendor, which will require some type of a
production type of environment, but it was his impression that Time Warner
would rather have a live operation similar to the City of Rancho Mirage.
Further responding, he said he didn't believe Time Warner would man or film
the meetings themselves, but take the feed that is provided and then
re -broadcast on television. He said the cities of Rancho Mirage and Desert
Hot Springs use Palm Springs Video to video tape and then re -broadcast on
Time Warner. He said the City of Indian Wells used the mounted cameras
and Web streamed onto the which hthen the s the samle was encoded to have it
e as option No. 2 that staff
re -broadcast on Time Warner,
was recommending.
Councilmember Harnik said with the additional information provided, Option
No. 2 sounded like it would be the best of both worlds. She said her concern
was that if the City only provided the meetings on the Internet, it would
exclude a tremendous number of people in the community, which was the
last thing the Council wanted to do. She said if Council selected Option No.
2 with staff also forwarding the video file to Time Warner, it would be similar
to Option No. 4.
al
Mr. Von Helf answered Y s. Furthe was a one-time
to questions about the me cost of $1 000 worthof
cost for Option No. 2, he said ther
hardware and software plus a couple of hours of staff time to do the
encoding, and as far as he knew, Time Warner would not charge the City to
broadcast on the City's chdependingore, the total cost was still within the
the number of cameras installed.
range of $15,000 to $40,000 de p g o
Councilmember Harnik said Palm Desert should have four cameras.
Mayor Benson asked if there was any way to monitor or measure its
effectiveness or know who's watching.
Rol
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Mr. Von Helf stated from the Web site staff could find out usage, but not from
the television channel. He said the line between broadcast and the Internet
was getting fuzzier and fuzzier that a lot of televisions are Web enabled that
within five to ten years one may not be able to tell whether they're watching
online or watching a broadcast channel.
Councilman Kroonen stated he would observe further that with this
combination the largest audience possible may be reached, because after
all not everyone had Time Warner Cable and it may not be available to
people who used Direct TV. Mr. Von Helf agreed.
Councilmember Harnik stated that having done the research and discussed
the issue with people in other cities, and what the elected in other cities said
about being amazed at how many people actually did watch the meetings on
television, she thought if Option No. 2 can include forwarding the video file
to Time Warner to be televised, that would be a great opportunity for the
community.
Councilmember Harnik moved to, by Minute Motion, direct staff to follow Option
No. 2 — Web Streaming with Standard Definition Cameras and incorporate approximate
expenditure requirements of $15,000 - $40,000 in the Fiscal Year 2011-2012 Budget
Process forthis purpose, with staff providing the video file to Time Warner for delayed T.V.
Broadcast.
Mr. Gibson noted that in the staff report there was also information on the
audio upgrades with a request for direction from Council as to the timing to
get it done. He said one option was to do the upgrades in May or when the
Council went dark during the summer. If the Council chose May, the Council
Chamber will be closed down during the construction period time and
meetings would have to be held in the Administrative Conference Room
(ACR).
Responding to question about the construction time frame, Mr. Von Helf said
the vendor's estimate was that it would take about two Council meetings plus
any Planning Commission meetings, whereas if the Council waited until the
meetings went dark during the summer, there would be no interruption.
Mayor Benson said if this was going to happen, it was best for staff to move
forward with the upgrades and hold the meetings in the ACR in the interim.
Ms. Mendoza announced the motion carried on a 5-0 vote.
With City Council concurrence, staff was directed to move forward with installing the
Council Chamber Audio Upgrades during the month of May and hold City Council
meetings in the Administrative Conference Room in the interim.
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XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
None
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of January 20 -
February 3, 2011.
Councilman Kroonen moved to receive and file the City Manager's Meeting
Summaries. Motion was seconded by Finerty and carried by a 5-0 vote.
B. CITY ATTORNEY
None
C. CITY CLERK
Ms. Klassen announced the University Planning Committee Meeting has
been scheduled for February 24, 2011, at 2:00 p.m. in the Administrative
Conference Room.
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
Lt. Shouse stated since the early part of January there have been six
commercial burglaries that have occurred in the El Paseo Corridor.
Most of the burglaries have involved windows smashed type of entry
where suspects are stealing cash from cash registers left overnight.
In one case, at Escada, several thousand -dollars worth of purses was
stolen. On January 30 there was an elderly gentleman in a
PRELIMINARY MINUTES DRAFT
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wheelchair that was car jacked behind The Daily Grill in the early
evening hours. That suspect struck the victim in the head with a
hammer, stole his car keys, and fled the area in the victim's vehicle.
The victim's vehicle was recovered from the Point Happy Shopping
Complex in La Quinta later that night. The Police Department has a
composite sketch that was released to the media and public
regarding the suspect; that suspect is still outstanding. Additionally,
this past Sunday, in the same general vicinity behind The Daily Grill,
at Ocotillo and El Paseo, a woman had her purse snatched as she
was walking to her car from the restaurant area. The Department has
a partial suspect description in that case, and that suspect is still
outstanding. On January 30 there was an armed robbery at Taco Bell
Restaurant up on the northern part of Palm Desert immediately
adjacent to Cosco, and last night there was an armed robbery at Cold
Stone Creamery located at Gerald Ford and Cook Street. He said the
Council was probably questioning what the Police Department was
doing about all these incidents, and he was here this evening to report
on how it was responding thus far: 1) Patrol activity has been
increased around the El Paseo Shopping area as well as at the north
end of the City; 2) patrol staff has been fully briefed and aware of the
activity. He said Council should have noticed an increased law
enforcement presence and activity down El Paseo this week. It has
also increased the activity of the Business District Officers who work
the commercial business district, including El Paseo. Officers have
been talking with business owners on El Paseo reassuring them that
although the recent activity was unusual, residents are just as safe
now as they were a couple of weeks ago; 3) police are cooperating
with the media to get the message and composite sketches out with
consistent press releases on robberies that have occurred in the Palm
Desert area. Police have distributed flyers of composite sketches to
business owners in the El Paseo Corridor; 4) officers are involved in
an ongoing education component where they meet with business
owners and advise them on how to better protect themselves. For
examples, they can remove the cash from the cash registers after
closing, increase their surveillance camera component of their
security and alarm systems, improve lighting at night, and so forth.
He said investigators and special enforcement teams are actively
pursuing any leads that are developed. The GAIN Task Force was
out yesterday in Palm Desert conducting pro -probation compliance
checks. He said there were other things the Department was doing
that he couldn't tell the public about for commonsense reasons, but
he wanted to provide an update and inform the Council that officers
were out in the community in force and treated these crimes seriously
to hold those responsible accountable.
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Mayor Pro Tern Spiegel stated he's spoken with Captain Wilham on
a couple of occasions about all the incidents that have happened
since the last City Council meeting. He believed there was already a
warrant out for the individual that hit the victim on the head and stole
the car, which may be the same person who snatched the purse, but
the six robberies on El Paseo concerned him, and asked the Council
to consider adding an item to the Agenda, which was a reward of
$10,000 for information that lead to the arrest and conviction of the
individual who broke into the stores. He said the merchants needed
to know the Council was supportive of them, and it will do whatever
it could to assist. He said anyone that had any information could call
the Palm Desert Police Department and they will take care of the rest.
Mayor Pro Tern Spiegel moved to, by Minute Motion, add to the Agenda
consideration of a $10,000 reward for information that leads to the arrest and conviction
of the individual responsible for the burglaries at the El Paseo Corridor stores. Motion was
seconded by Finerty and carried by a 5-0 vote.
Responding to question, Lt. Shouse said he couldn't confirm whether
any of the businesses had any security systems or motion detectors,
but in a couple of the incidents the alarm did go off and the security
guard responded to that location and witnessed the suspect and
scared him away,
Councilmember Finerty stated in her homeowners association she
learned the importance of having a security system, where they had
a rash of burglaries. One of the best things to tell your neighborhood
watch is to take responsibility and have a security system, but the
system is only as good as what one put into it. She said a motion
detector will sound the alarm as soon as the glass is broken, and then
obviously the alarm company will respond. She hoped that will be the
information that will be shared with business owners.
Lt. Shouse stated most standard home installations involved magnetic
sensors that will activate and have an alarm go off when the
magnetic pathway is disconnected. He said some residents have
motion sensors in the living room, but it's important that people
understand that when a suspect smashes a window and doesn't
break that magnetic connection, the alarm won't be activated unless
it includes a motion sensor.
Councilmember Finerty agreed both were needed, stating a security
specialist company can go out to a home to look for potential places
where suspects can break in, which is what she did for her home.
20
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REGULAR PALM DESERT CITY COUNCIL MEETING
M
FEBRUARY 10, 2011
Lt. Shouse stated residents should also consider a similar type of
system for their master bedrooms, because on some occasions there
have been residential burglars that have smashed through sliders and
enter residences to still jewelry, which was a common method of
entry. He went on to say that as part of the education component, the
Council approved the expenditure of funds at the last City Council
Meeting to put on a Crime Prevention Through Environmental Design
(CPTED) scheduled for April 20, 2011, at the Civic Center Council
Chamber. He said it's an eight -hour class and the morning portion is
specifically devoted to business owners. The expert will talk about
how to target harden a business, which will include motion sensors,
landscaping, lighting, etc., and the afternoon session will focus on
residential. The community and local business owners are being
invited, and contact with the Palm Desert Chamber of Commerce has
been made to distribute a flyer through their mailings. He said the
Police Department is trying to arm residents and businesses with
good information to help protect themselves.
Councilman Kroonen stated he was not opposed to offering a reward,
but wanted to make sure before he took a vote there were no legal
issues with the Council providing the funds.
Mr. Erwin answered there were no legal issues.
Every 15 Minutes Program - Lt. Shouse reminded the Council about
the program which is conducted every two years at Palm Desert High
School on March 1 and 2, 2011. He said typically most people attend
the "crash scene" out on Fred Smith Street. However, he encouraged
everyone to attend the assembly, which is on the following day on
March 2 at 11:00 a.m., because it was a more meaningful portion of
the program where they provide speeches and students view the
video that was filmed the previous day.
Councilmember Harnik stated she has been involved with the Every
15 Minutes Program for many years and if anyone hadn't seen it, she
encourages them to do so, because it was meaningful and a lot of
people came together to make it happen.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
ITEM ADDED TO AGENDA BY A 5-0 VOTE FOLLOWING POLICE DEPARTMENT
REPORT ON THE CURRENT CRIME ACTIVITY.
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1. Consideration of a $10,000 reward for information that leads
to the arrest and conviction of the individual responsible for the
burglaries at the El Paseo Corridor stores.
Please see Section XVIII - Report and Remarks, Item D -
Police Department report for further discussion and action.
Mayor Pro Tern Spiegel moved to, by Minute Motion, approve a $10,000 reward by
the City of Palm Desert for information that leads to the arrest and conviction of the
individual responsible for the burglaries at the El Paseo Corridor stores. Motion was
seconded by Harnik and carried by a 5-0 vote.
Mayor Benson asked if the Police Department had contacted
or spoken directly to merchants, because she knew of several
women that worked alone that are in their store after hours.
She asked if they are aware that they should go in early in the
morning rather than stay late at night.
Lt. Shouse said he knew that the Business District Officers
made personal contact with numerous business owners, and
employees throughout the El Paseo Corridor and not just this
week, but for the past two years. This week Officers made
personal contact and received feedback from the public about
their concerns and are educating them on what they can do to
help protect themselves. He said the Department encourages
any business owner or employee to report any suspicious
activity, and it didn't have to be an emergency. He said the
Department wants to be able to investigate and rule out people
so citizens can call 911. A flyer will be sent out with contact
information for the car jacking suspect, because there was a
good composite sketch. He said most of the business
community had contact information for the Business District
Officers who participate in the El Paseo Merchants
Association, including Economic Development Manager Ruth
Ann Moore who was familiar with them as well, but when in
doubt he could be contacted at the Palm Desert Sheriff
Station.
Councilmember Harnik thanked Lt. Shouse for all the valuable
information, stating this was a perfect example of a community
service that will be enabled when the City provides the Web
cast and television broadcast.
o City Council Consideration of Travel Requests and Reports:
None
22
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o City Council Committee Reports:
1. Healthy Living Project - Councilmember Hanik stated this
project was a valley wide effort with a competitive nature to it.
A meeting will take place next week to brainstorm ideas that
will help increase health within the community. She said it was
about taking simple steps to make a healthier community.
Human Resources Manager Lori Carney stated it was a
collaborative project headed by Cal State, San Bernardino,
Coachella Valley Health Collaborative. This project is similar
to last year's where they had larger organizations in the Valley
participate and challenge each other to increase fitness in the
community. Last year Councilmember Finerty was the Mayor
and the City conducted a "Get Fit With the Mayor Program,"
and this year the group was looking forward to brainstorming
new ideas and getting employees involved.
Councilmember Finerty commented the Racquetball
Tournament was still owed as it was on last year's list.
o City Council Comments:
1. Red Lobster Restaurant - Mayor Pro Tern Spiegel announced
the City of Palm Desert will have a Red Lobster Restaurant.
The plans have gone to the Planning Department and it will be
constructed on the corner where Bananas used to be located.
2. Marriott Desert Springs - Mayor Pro Tern Spiegel stated he
and Councilman Kroonen met with the Manager of Marriott
Desert Springs who was very encouraging with his comments
regarding the increase in occupancy, stating figures were up
substantially.
3. Committee/Commission Interviews - Councilman Kroonen
thanked the veterans of the Council for enabling the process
whereby all the candidates were interviewed for the various
committee/commissions. He said it took a lot of time, but he
certainly benefitted and believed Councilmember Harnik
shared the sentiment, because he got acquainted with so
many people who are active, willing, eager even, to serve the
City. He said it was a very inspiring two days.
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FEBRUARY 10, 2011
4. Landscaping Project at Corner of Larkspur and Shadow
Mountain - Councilman Kroonen stated he walked by there
every day and already with the demolition and removal of the
debris it looked so much better.
5. Animal Coordinator Position at the Animal Campus -
Councilmember Finerty stated the grand opening for a new
business called The Ritz at Barkingham Palace off Spyder
Circle will take place on Saturday, and it will be open to the
public from noon to 3:00 p.m. Flyers will be provided
explaining the euthanasia rate and how the City was trying to
put together the funds to hire an Animal Coordinator that helps
with Adoptions and Fostering. She said the owners are
committed to a once a month fundraiser to help with the funds,
because this was not a one-year project, and once the owners
are settled, they want to be able to take in innocent animals on
a no -kill basis. She was happy to become acquainted with the
business owners and looked forward to spending her three
hours on Saturday in an attempt to save the innocent lives of
those who loved so unconditionally.
6. Dedication of the Portola Bridge - Mayor Benson reminded the
Council of the Palm Desert dedication of the Portola Bridge
honoring former Palm Desert City Councilmember
Richard S. Kelly on Friday, February 11, 2011, at 10:00 a.m.
o Suggested Items for Future City Council Meeting Agendas
None
XIX. ADJOURNMENT
Upon a motion by Finerty, second by Spiegel, and 5-0 vote of the City Council,
Mayor Benson adjourned the meeting at 5:25 p.m.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JEAN M. BENSON, MAYOR
24