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HomeMy WebLinkAboutMinutes - Preliminary - City Council - December 9, 20101 � ' PRELIMINARY MINUTES -T A REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 9, 2010 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 CALL TO ORDER - 3:00 P.M. Acting Mayor Jean M. Benson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember-elect Jan C. Harnik Councilman William R. Kroonen Councilman Robert A. Spiegel Acting Mayor Jean M. Benson Absent: Mayor Pro Tern Jim Ferguson 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 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. 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 DECEMBER 9, 2010 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 628-130-015 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Under Negotiation: x Price x Terms of Payment 2) Property: APN 622-020-089 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: DesertArc Under Negotiation: x Price x Terms of Payment 3) Property: 44-900 East San Clemente Circle, Palm Desert (APN 627-074-006) Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Martin Alvarez/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Timothy R. and Lee A. Palmer Trust Under Negotiation: x Price x Terms of Payment 4) Property: 44-845 San Clemente Circle, Palm Desert (APN 627-071-023) Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Martin Alvarez/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 5) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 116, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Assembly Committee on Rules, State of California Under Negotiation: x Price x Terms of Payment 2 PRELIMINARY MINUTES D"FT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 6) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 118, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: ACT for MS Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Spiegel, second by Kroonen, and 3-0 vote of the City Council, with Ferguson and Finerty ABSENT, Acting Mayor Benson adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:02 p.m., stating that due to Mayor Cindy Finerty's absence today and Mayor Pro Tern Ferguson being called away to a speaking engagement in Northern California, she would be serving as the Acting Mayor until the Mayoral Rotation later in today's meeting. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman William R. Kroonen VII. INVOCATION - Acting Mayor Jean M. Benson VII1. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS None t PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 X. CONSENT CALENDAR A. MINUTES of the Adjourned Regular City Council Meeting of November 18, 2010, and the Regular City Council Meeting of November 25, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 114, 118, 121, and 123. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mastros Steakhouse, 73-405 El Paseo, Suite 120, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Pastry Swan Bakery, 73-580 El Paseo, Suite A, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Trattoria Tiramisu, 72-655 Highway 111, Suite B6, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Woodhaven Country Club, 41-555 Woodhaven Drive East, Palm Desert. Rec: Receive and file. G. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Cultural Resources Preservation Committee Meeting of September 28, 2010. 2. Landscape Beautification Committee Meeting of September 15, 2010. 3. Library Promotion Committee Meeting of September 15, 2010. 4. Marketing Committee Meeting of October 19, 2010. 5. Public Safety Commission Meeting of October 13, 2010. Rec: Receive and file. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 H. REQUEST FOR APPROVAL of the 2011 Master List of Qualified Professional Services Consultants for Services Valued at Less than $25,000 per Project (Joint Consideration with the Palm Desert Redevelopment Agency and the Palm Desert Housing Authority). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C29550 — Landscape Maintenance Area No. 17 (Project No. 917-10). Rec: By Minute Motion, approve Amendment No. 1 for a net increase to the price of $2,278.22 in the subject contractwith Kirkpatrick Landscaping Services, Inc., Indio, California, for adjustments in the scope of work for Landscape Maintenance Area No. 17 — funds are available in General Fund Account No.110-4610-453-3320 - Repair/Maintenance Landscaping. J. REQUEST FOR AUTHORIZATION for the Mayor to Execute Owner's Certification of Water Quality Management Plan and to Execute Covenant and Agreement for Parcel Map Waiver No. 10-165 (City of Palm Desert, Applicant - Alessandro Alley Project). Rec: By Minute Motion, authorize the Mayor to execute the Owner's Certification of Water Quality Management Plan and to execute the Covenant and Agreement for Parcel Map Waiver No. 10-165. K. REQUEST FOR AUTHORIZATION to Release Maintenance Security for the Firestone Store Located at 78-018 Country Club Drive (Precise Plan No. 07-13) (Fountainhead Indio, L.P., Applicant). Rec: By Minute Motion, authorize release of the subject Maintenance Security for the Firestone Tire Store (PP 07-13). L. REQUEST FOR RATIFICATION of the City Manager's Approval to Permit the Consumption of Alcoholic Beverages at a Special Event on City Sidewalks and Closed Streets to Benefit the Behind A Miracle (BAM) Fundraiser to be Held in Front of The Shops on El Paseo on Saturday, December 4, 2010 (Chartwell Properties, Applicant). Rec: By Minute Motion, ratify the City Manager's approval to permit the consumption of alcoholic beverages on the sidewalk and closed streets owned by the City on the El Paseo Block located between Highway 74 and Ocotillo Drive for the subject event. R PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT DECEMBER 9, 2010 M. REQUEST FOR APPROVAL of Out -of -State Travel for the City Surveyor to Attend the California Land Surveyors Association Conference in Las Vegas, Nevada, March 6 - 9, 2011. Rec: By Minute Motion, authorize the City Surveyor to attend the California Land Surveyors Association Conference in Las Vegas, Nevada, March 6 - 9, 2011 — funds are available in Account No. 1 1 0 - 4 3 0 0 - 4 1 3 - 3 1 2 0 - Public Works Conferences/Seminars/Workshops. N. REQUEST FOR AUTHORIZATION to Extend Contract for Online Marketing Services with Off Madison Ave. for a Two -month Period (Contract No. C30020). Rec: By Minute Motion, authorize extension of the subject contract with Off Madison Ave., Tempe, Arizona, for a two -month period through February 2011 in the total amount of $12,500 — funds are available in the Marketing Budget, Account No. 110-4417-414-3090. Councilman Spiegel requested Item H be removed for separate action under Section XI, Consent Items Held Over. Upon a motion by Spiegel, second by Kroonen, and 3-0 vote of the City Council, with Ferguson and Finerty ABSENT, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER H. REQUEST FOR APPROVAL of the 2011 Master List of Qualified Professional Services Consultants for Services Valued at Less than $25,000 per Project (Joint Consideration with the Palm Desert Redevelopment Agency and the Palm Desert Housing Authority). Councilman/Member Spiegel stated this item was a Master List of Qualified Professional Services to be approved for staff to hire at a value of less than $25,000 per project. The reason he pulled this item was because he had discussions with the City Manager to do more with local vendors in the Coachella Valley, and in reviewing the list there are vendors from El Segundo, San Diego, and Riverside, etc. He would like staff to review the list one more time to see if there are any local vendors that can duplicate the services. Mr. Wohlmuth agreed to review the list, but noted staff had checked to see how many local vendors the City contracted within the past year. For N PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 example, the Finance Director reported that 62% of all the City's projects went to local vendors. In addition, as directed by Council, staff was looking at a local purchase preference policy, but there are some legal issues with it. He said staff had copies of the ordinances from the two cities that have local purchase preference, the cities of Desert Hot Springs and Palm Springs. He said the difficulty with the policies are whether they are legal, but the City Attorney answer those questions. Councilman/Member Spiegel asked if the City Manager had mentioned that Coachella Valley Association of Governments (CVAG) was looking at the list for the Coachella Valley. Mr. Wohlmuth responded he wasn't aware of CVAG looking at the list. Councilman/Member Spiegel asked if this item should be continued in order for the City Manager to review the list and eliminate some of the vendors. Ms. Aylaian responded a large number of vendors are on the list, but it didn't guarantee that any one of them will get work. She said the list covered different needs that arise during the year, and sometimes specialty services are needed, and although the desert had qualified vendors in many areas, there are times staff needs to go outside the immediate area to get very specific specialty service that isn't available locally. She said the list left the opportunity to go to vendors that are outside the area if they possess that level of expertise in a particular area not available locally. She said there was no assurance the vendors on the list will get work just because they're on the list. She said 30% of the vendors on the list were local. Councilman/Member Spiegel stated that meant 70% of the vendors on the list were not local. He requested staff review the list to see if there are any that can be eliminated that are outside the Valley. Councilman/Member Kroonen agreed the Council wants to give preference to local suppliers, vendors, contractors, but by the same token and reasons indicated by staff, he believed staff should be given some latitude and wouldn't want to have vendors eliminated solely on the basis of geography. Councilman/Member Spiegel moved to continue this item to the meeting of January 13, 2011. Motion was seconded by Kroonen and carried by a 3-0 vote, with Ferguson and Finerty ABSENT. 7 PRELIMINARY MINUTES DFUFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 XII. RESOLUTIONS A. RESOLUTION NO. 2010 - 85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENTS AND ALL NECESSARY DOCUMENTATION FOR THE PURCHASE OF TWO (2) PARCELS COMPRISING LOT 14 OF TRACT MAP 33837-1, APNs 694-170-014 AND 694-170-023. Ms. Aylaian noted the staff report and offered to answer questions. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010-85. Motion was seconded by Kroonen and carried by a 3-0 vote, with Ferguson and Finerty ABSENT. XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. DECLARATION OF RESULTS OF THE 2010 PALM DESERT GENERAL MUNICIPAL ELECTION CONDUCTED IN THE CITY ON TUESDAY, NOVEMBER 2. Ms. Klassen noted the staff report, which included the Resolution that formally declares the results of the General Municipal Election. She said the whole number of ballots cast in the precincts on November 2, 2010, was 6,318, the Vote by Mail Voter Ballot in the City was 10,292 making a total of 16,610 ballots cast for Palm Desert. With those results, the two top -vote getters in the race were Jan C. Harnik and Jean M. Benson, and the Resolution recommends they both be sworn into office. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010 - 86, reciting the fact of the General Municipal Election held on Tuesday, November 2, 2010, declaring the result and such other matters as provided by law. Motion was seconded by Kroonen and carried by a 3-0 vote, with Kroonen, Spiegel, Benson voting AYE; Ferguson and Finerty ABSENT. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 B. ACTIONS RELATED TO INSTALLATION OF NEWLY ELECTED COUNCILMEMBERS AND THE ANNUAL MAYORAL ROTATION. Presentation to Outgoing Mayor Pro-Tempore Jim Ferguson by Mayor Cindy Finerty and Mayor's Comments. Acting Mayor Benson stated the next item on the agenda was supposed to be a presentation to outgoing Mayor Pro Tern Jim Ferguson for all the good work he did for the City of Palm Desert in these past thirteen years. She said the City owed him a debt of gratitude, specifically for his work on the Energy Independence Program (EIP). She said the presentation can be done at the meeting on January 13, 2010. 2. Comments by City Councilmembers. Acting Mayor Benson stated comments by City Councilmembers can be shared after the change over. 3. Comments by Outgoing Mayor Pro-Tempore Jim Ferguson Acting Mayor Benson stated since Mayor Pro Tern Jim Ferguson was not present, the meeting will continue with the City Clerk administering the Oath of Office. 4. City Clerk Administers the Oath of Office to Newly Elected Councilmembers and Presents Each with Certificate of Election. Ms. Klassen congratulated both Jan C. Harnik and Jean M. Benson for their victory and stated it was her pleasure as the City's Election Official to work with all the candidates this past election cycle. She thanked everyone for their contributions and courtesy. She went on to administer the Oath of Office to the newly elected Councilmembers and presented each with a Certificate of Election. 5. Seating and Comments from Newly Elected Councilmembers. Councilmember Jan C. Harnik stated she was honored and humbled to accept her new responsibility. She thanked the voters for the opportunity and promised to do her best for the City. She said her victory couldn't have been accomplished without a wonderful team effort, and there are so many friends, supporters, and colleagues to whom she was grateful, including her family and husband who manages to lift her up, keep her grounded, and supports her in everything she does. She thanked everyone for the encouragement, wisdom, energy, and belief that it could be done together. She went on to say she walked door to door and heard the residents loudly and clearly that they wanted integrity, honesty, and civility in their elected �] PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 officials. She looked forward to working with each one of her new City Council colleagues to do what's best for the City. She shared that she's been in the Coachella Valley since 1977 and knew of the past successes, and future successes cannot be accomplished without the best City staff and strong working relationship between both. She pledged to work and learn with every City employee and committee and commission with the same purpose to be the preeminent City in the Coachella Valley. To the neighbors and friends of the Coachella Valley, she held a regional effort and commitment to working together at the highest level and looked forward to sharing and finding solutions to the challenges faced to keep the City and Valley safe. She said as one of the five members of the City Council of Palm Desert, she will remain accessible, engaged in the community, and work tirelessly to maintain the quality of life everyone cherished. Acting Mayor Benson invited Councilman Kroonen to share his own comments since there wasn't a huge audience when he was appointed to fill the City Council vacancy in November 2010. Councilman Kroonen stated he could only reiterate all of the things Councilmember Harnik just mentioned. He said Palm Desert was a wonderful City and that goals can be accomplished by working together. He began his two-year term by bringing people together, which he believed they were and stated he looked forward to a prosperous future. He extended his good wishes to Councilmember Benson who was about to be appointed Mayor. He said Councilmember Benson was the first lady Mayor of Palm Desert, then the second lady Mayor of Palm Desert, and now about to become the sixth lady Mayor of Palm Desert. He also extended his best wishes to Councilman Spiegel and knew he will enjoy working with Councilmember Harnik. Acting Mayor Benson noted other dignitaries were present this evening and the Council was honored to have them in the audience; Ed Monarch and Larry Spicer from the City of Indian Wells and Justice Judge Miller. 6. Selection of Mayor and Mayor Pro-Tempore. Councilmember Spiegel moved to appoint Jean M. Benson as Mayor for the coming year. Motion was seconded by Kroonen and carried by a 3-1 vote, with Benson ABSTAINING and Finerty ABSENT. Councilman Kroonen moved to appoint Robert A. Spiegel as Mayor Pro Tern for the coming year. Motion was seconded by Harnik and carried by a 4-0 vote, with Finerty ABSENT. 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 7. Commentsfromthe Newly Appointed Mayorand Mayor Pro-Tempore Mayor Benson acknowledged her family sitting in the front row. She said one of her nieces came from Massachusetts, the other from Southern California, her sister-in-law from Southern California, and her dear friend Dora from Palm Desert; she thanked all for coming this evening. She said Councilman Kroonen had been after her for two weeks to practice her inaugural speech, but she didn't. She said never in her wildest dreams when she was first elected in 1973 did she think she would be sitting on the Council again today. She said the voters of this community were phenomenal and knew what's going on, and she was a testament that they liked what they see. She thanked the voters for returning her to office, because it was a great privilege and pleasure to serve the City of Palm Desert. She said she loved the neighboring cities, but knew Palm Desert was the best. She welcomed Councilmember Harnik, stating it was historic to have three women on the Palm Desert City Council; it was a new era and not the old boys school anymore. She was pleased to see so many people in the audience, it showed that they were walking in change, which was good, and the Council will see that it's received. She thanked the voters because she had great trust in them as she didn't campaign or raise funds, but she still won and her pocket book was still intact. She said she will continue to do her best for the City of Palm Desert. Mayor Pro Tern Spiegel noted Susan Marie Webberand Sheila Gillian whom also ran for a seat on the City Council were in the audience. He said it was the late Richard S. Kelly wish and idea to make Palm Desert's Calendar this year "The Season of Fun." Last year the calendars were mailed, but this year they won't be. Unfortunately, Mr. Kelly didn't have an opportunity to choose the photos for this calendar so Ms. Kelly was asked to select them. He said every photograph in the calendar was selected by Mary Helen Kelly, and it's one of the best calendars the City's ever presented. He said the calendars were available at City Hall, the Palm Desert Library, the Palm Desert Visitors Center, The Chamber of Commerce, and Westfield, etc. He hoped everyone will enjoy them and thanked Mary Helen Kelly for her contribution. He was proud to be a member of the Council in Palm Desert, and over the years, the City was fortunate to be well funded to accomplish much. He said the City was in the process of building a magnificent swimming pool that will open next summer, which will be another feather in the cap for the City of Palm Desert. He spoke to some of the major retailers like Bob Fliday from The Gardens and was informed that business was looking good. He said sales tax was the City's number one source of revenue, and when business was good, it was good for the City as well. He spoke 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 to Kevin Swartz from Marriott Desert Springs, which is the largest hotel in the Valley, who said business will be up 15%. He said even though the economywas still recovering, this yearwill be much better. He said he was proud to be part of the Palm Desert City Council. With City Council concurrence, a recess was observed from 4:30 p.m. to 4:40 p.m. C. REQUEST FOR AWARD OF CONTRACTS FOR THE PORTOLA AVENUE AND FRANK SINATRA DRIVE INTERSECTION IMPROVEMENTS PROJECT (PROJECT NO. 572-08). Mr. Greenwood stated this item was a request to award three separate contracts to three separate companies for the street and intersection improvements at the Intersection of Portola Avenue and Frank Sinatra, which involved widening the intersection, installing storm drain improvements and traffic signals. The three separate contracts are for the construction, testing, and surveying for the project. Unfortunately, staff received late word from the Coachella Valley Water District (CVWD) on their work to relocate water lines to clear the way for the City's project; they have a schedule and budget issue involving a cost of about $66,000. Therefore, staff needed additional time to work it out with CVWD and recommended this item be continued to the meeting of January 13, 2011. Mayor Pro Tern Spiegel moved to, by Minute Motion, continue this item to the meeting of January 13, 2011. Motion was seconded by Harnik. Mr. Greenwood announced this was Associate Engineer Aaron Kulp's last meeting with the City as he was admitted to the Officer Candidate School with the United States Navy. He stated he was proud of Mr. Kulp for his desire to serve his County and chasing his dream. Councilmember Harnik offered her congratulations. Mayor Benson stated she was sorry this item was being continued, because Mayor Pro Tern Spiegel was ready to make the motion to approve as he has championed this request for a stop sign at that corner for many years. Mayor Pro Tern Spiegel pointed out that he and former Mayor Pro Tern Jim Ferguson had been working on this request for three years. Ms. Klassen announced the motion carried on a 4-0 vote, with Finerty ABSENT. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 D. REQUEST FOR AWARD OF CONTRACT FOR CONSULTANT DESIGN/BUILD SERVICES FOR THE EECBG PHOTOVOLTAIC SYSTEMS PROJECT TO STRONGHOLD ENGINEERING, INC., IN AN AMOUNT NOT TO EXCEED $588,917 (CONTRACT NO. C30210, PROJECT NO.704-11). Councilman Kroonen moved to, by Minute Motion: 1) Award the subject contract in an amount not to exceed $588,917 to Stronghold Engineering, Inc., Riverside, California, for Consultant Design/Build Services for the EECBG Photovoltaic Systems Project; 2) appropriate $348,917 from the Unobligated Office Complex Enterprise Fund (Fund 510) to the project account; 3) budget for receipt of $240,000 grant funds to Fund 450 and $289,000 to Fund 510; 4) authorize the Mayor to execute said contract — funds are available in City -owned Facility Account (No. 450-4164-415-4001) and Unobligated Office Complex Enterprise Fund (Account No. 510-4195-495-4020) — no General Fund money is being used for this expenditure. Mayor Pro Tern Spiegel stated he understood the cost would be shared. Project Administrator Ryan Gayler agreed, stating the City received a grant in the amount of $529,000, and the City's portion was approximately $60,000. Mayor Pro Tern Spiegel seconded the motion and it carried by a 4-0 vote, with Finerty ABSENT. E. REQUEST FOR AWARD OF CONTRACT FOR THE CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER -SIDEWALK DRAIN CLEAN -OUT PROJECT 2010-2011 TO ADVANCED SEWER TECHNOLOGIES IN THE AMOUNT OF $39,812 (CONTRACT NO. C30260). Councilman Kroonen questioned why there was a huge difference between the low bidder and the highest bidder. Mr. Greenwood agreed, stating this might be the biggest spread he's ever seen in a bid by a factor of 1000%. He really didn't know why, but there was a group in the $30,000 to $60,000 range and a group in the $300,000 range, and because of that staff conducted an extra investigation on the company being recommended. He said the company was well equipped, they did a lot of work in the Los Angeles County and are working their way east. He was confident it was a good award. Councilman Kroonen moved to, by Minute Motion: 1) Award the subject contract in the amount of $39,812 for the Citywide Catch Basin, Storm Drain, and Under -sidewalk Drain Clean -out 2010-2011 Project to Advanced Sewer Technologies, Los Angeles, California; 2) approve a 10% contingency for the project in the amount of $3,981; 3) appropriate $18,793 from Unobligated General Fund Reserves to the Storm Drain Maintenance Account, No. 110-4314-433-3320; 4) authorize the Mayor to execute said 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 contract — General Fund Account No. 110-4314-433-3320 - Storm Drain Maintenance has $25,000 available for this purpose; appropriation of $18,793 from Unobligated General Fund Reserves will fully fund this contract, including contingency. Mayor Pro Tern Spiegel noted this company was required to clean out the storm drains and ensure they didn't get backup, but the company is located in Los Angeles and questioned whether they will be available. Mr. Greenwood responded the company will be in Palm Desert for one pass through. The storm drains will be cleaned out each once under this contract, and the company will be here for a number of months while they do their work and then they'll be gone. Further responding, he said City crews and City equipment was available to handle individual locations. The problem was that the City had more than 300 storm drains that had never been cleaned out in a comprehensive manner and it was previously done with piece meal work by City crews, but it reached a point where staff felt it needed to catch up. Mayor Pro Tern Spiegel seconded the motion. Councilmember Harnik agreed with Councilman Kroonen's comment on the huge difference on the bids submitted, specifically the two from Indio. She asked if it was possible the companies didn't understand. Mr. Greenwood answered that clearly the companies didn't understand. Councilmember Harnik commented the difference was amazing and wondered where the lack of understanding was that some bids were ten times more. Mayor Benson called for the vote, and the motion carried by a 4-0 vote, with Finerty ABSENT. F. REQUEST FOR AWARD OF CONTRACT TO CONSTRUCT THE TENANT IMPROVEMENTS AT SUITE 100 OF THE PARKVIEW PROFESSIONAL OFFICE COMPLEX FOR THE STATE OF CALIFORNIA WATER RESOURCES BOARD TO DOUG WALL CONSTRUCTION IN THE AMOUNT OF $216,000 (CONTRACT NO. C30400). Mr. Gibson stated approximately 30 contractors showed up for the pre -bid of which five were submitted. Staff was happy with the involvement of the low bidder as 67% of the expenditures will be incurred by local vendors. He said the subcontractors were invited to the meeting so that they can be introduced to the contractors, and it seemed they were interested in using them as well. Staff recommended approval of the tenant improvements. `LI PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 Councilman Kroonen asked if the work mentioned in the staff report relating to flooring, computer cabling, carpet, demolition, and glass work that will be completed by local entities was part of the project and not items above and beyond. Mr. Gibson answered yes, stating that work was included in the contract of $216,000. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Award the bid and subject contract in the amount of $216,000 to Doug Wall Construction, Inc., Bermuda Dunes, California, and authorize a 10% contingency for the project; 2) appropriate $216,000 from the Parkview Office Complex Fund 510 to the project and authorize the Mayor to execute said contract. Motion was seconded by Kroonen and carried by a 4-0 vote, with Finerty ABSENT. G. REQUEST FOR AUTHORIZATION OF THE CITY'S CONVEYANCE TO THE PALM DESERT REDEVELOPMENT AGENCY OF SAN BENITO VACANT LOT 99 OF PALMA VILLAGE UNIT NO. 7, ALSO KNOWN AS APN 627-092-050 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion, authorize: 1) Mayor to execute a Grant Deed, conveying the subject property to the Palm Desert Redevelopment Agency; 2) Chairman to execute a Certificate of Acceptance of Deed, conveying the subject property; 3) City Manager/Executive Director or his designee to execute any documents necessary to effectuate the actions taken by the City Council and Agency Board herewith. Motion was seconded by Harnik and carried by a 4-0 vote, with Finerty ABSENT. H. REQUEST FOR APPROVAL FOR THE CITY OF PALM DESERT TO WAIVE ALL COSTS ASSOCIATED WITH INSPECTIONS AND PERMIT ISSUANCE FOR THE METER PANEL UPGRADES REQUIRED AS PART OF THE PROPOSED PALM DESERT COUNTRY CLUB UNDERGROUNDING PROJECT IN AN AMOUNT NOT TO EXCEED $285,826. Senior Management Analyst Catherine Walkerstated this was the same item Council took action at the last Redevelopment Agency meeting, but due to staff oversight, the action should have also been taken by the City Council. Mayor Pro Tern Spiegel stated that eventually the residents of Palm Desert Country Club will vote on whether they want to pay for their portion of the undergrounding, but if the residents voted no, would the City still upgrade the meter panels. 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 Ms. Walker answered no, stating this cost was directly linked to the implementation of the project and the undergrounding would have to be approved. Councilmember Harnik asked if this was standard procedure in other previous undergrounding projects. Ms. Walker stated it varied from project to project, but would have to defer to the Public Works Department to see if the City's done anything similar in the past. Mr. McCarthy stated that in this particular case given the age of the housing in Palm Desert Country Club, there are substantial panel upgrades required in order to accommodate undergrounding. He wasn't sure if this specific issue had been addressed in other undergrounding projects; however, when implementing public policy, there have been waivers in the past, such as hot water heater exchanges, energy related items, and things of that nature. This item was explicitly brought to staff's attention by the PDCC residents and asked for this cost to be waived since they were being asked to spend up to $9,000 in some cases to accommodate the undergrounding. He said the residents are seeking as much cost abatement as possible. Mayor Benson noted the City used 20% Housing set aside monies when the City undergrounded the north side of Palm Desert. The south side residents paid, but the City assisted the low to moderate income residents on the north side. Councilman Kroonen stated it was safe to say this was not a precedence. Councilman Kroonen moved to, by Minute Motion, approve the City of Palm Desert's waiver of all costs associated with inspections and permit issuance for the meter panel upgrades required as part of the proposed Palm Desert Country Club Undergrounding Project. Motion was seconded by Benson and carried by a 3-1 vote, with Spiegel voting NO and Finerty ABSENT. INFORMATIONAL REPORT REGARDING LANDSCAPE AND LIGHTING DISTRICTS AND RESIDENTIAL DEVELOPMENTS WITH NO COMMON AREA FUNDING MECHANISMS, Senior Management Analyst Ryan Stendell stated the staff report came about due to recent correspondence to the City Council. The City Manager's office was requested to provide a history as to the few outstanding items. He offered to answer questions on the report. Mayor Pro Tern Spiegel asked what was the City going to do about these places. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 Mr. Stendell responded that as indicated in the staff report, staff will return with a series of projects it can handle, at least for the underfunded districts. The areas with no funding mechanism would be difficult and a different story. He said staff has already reached out to the homeowners and are waiting to the point it felt it has a 51 % support to attempt to form a landscape district or push homeowners in the direction of a homeowner's association, however, that would require 100% participation. Mayor Pro Tern Spiegel asked if gravel and rock can be placed in those areas if residents decide not to pay anything. Mr. Stendell answered yes, which is a policy decision that will need to be made if that will be acceptable landscaping when there is no money. He said staff will be coming back in January with projects for consideration for those areas. Mayor Pro Tern Spiegel stated he hoped the residents will realize its worthwhile maintaining. He explained the areas were common areas outside of walls where they let the grass grow, because there is no homeowner's association to pay for the maintenance. He said the City then attempts to form assessment districts, but then the residents don't want to pay the assessments, so the City ends up with these results, which is why staff was looking into this. Mr. Stendell said this was an informational report for receive and file, but added that of the 35 to 40 districts the City maintained, only three are severely underfunded. With City Council concurrence, the information report relating to the Landscape and Lighting Districts and areas with no common funding mechanism were received and filed. J. CONSIDERATION OF CONCEPTUAL APPROVAL FOR THE 2011 ROCK'N' ROLL NEW YEAR'S EVE HALF MARATHON IN THE CITY. Ms. Riddle stated this request is to approve conceptually the 2011 Rock 'N' Roll New Year's Eve Half Marathon scheduled for Saturday, December 31, 2011. Staff was requesting approval of the event, the proposed route, street closures, and as details are worked out, it will return for final City Council approval. She said Ms. Dana Allen with the Competitor Group, Inc., was available to provide a presentation at the Council's request. Mayor Pro Tern Spiegel stated the race will begin in Indian Wells at the Tennis Garden and end at the Tennis Garden. He assumed the City of Indian Wells will be associated with the marathon, but wondered if the City of Palm Desert will be associated with the event as well. 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 MS. DANAALLEN, Vice President of Business Developmentwith Competitor Group, Inc., San Diego, CA, stated it was a decision that had not been made yet, but meetings will take place with the City Manager's office to discuss those types of details. She said it was early in the process as there was still more than a year until the event, but they planned to meet shortly into the new year to make those types of decisions. Mayor Pro Tern Spiegel stated he was in favor of the event, but with the City spending money for police, closing down of streets, etc., if Palm Desert was not associated with the event, he will not be in favor. MS. ALLEN stated she understood and agreed, but at this time there was no agreement as to what the City will be paying versus what the organizers will be paying. She said no assumption was made about the City paying for anything, which was why Palm Desert was not associated at the current time. However, if there are funds committed by the City, the organizers will be more then welcomed to include Palm Desert in the name of the event. Responding to question about Indian Wells' commitment, she said they met with the City Manager of Indian Wells today and it was up for a decision now, but there was no commitment to this point. Ms. Riddle stated those are the details staff will meet on and return to the City Council with the results. Mayor Benson stated no money was being committed at this point, it was just approval of the concept. Ms. Riddle answered yes. Mayor Pro Tern Spiegel moved to, by Minute Motion, conceptually approve: 1) The 2011 Rock `N' Roll New Year's Eve Half Marathon scheduled for Saturday, December 31, 2011; 2) proposed event route and road closure detail — this event will be brought back before City Council for final approval once details and associated costs have been determined. Councilman Kroonen stated he would support the motion with the understanding that Palm Desertwill be prominently associated with the event in very public ways. He didn't want to provide a blanket approval conceptually unless he knew. Ms. Riddle stated the Council will only give conceptual approval once and once those details are worked out, staff will bring the information to the City Council for final approval. She said the Council was not agreeing to anything except the conceptual approval of the event and route so that staff can move forward with other details. m PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 MS. ALLEN noted she had colleagues available to talk about the course specifically if the Council had any questions about the actual roads. Councilman Kroonen seconded the motion, subject to the comments made at this meeting. Motion carried by a 4-0 vote, with Finerty ABSENT. Mayor Benson stated the Council would like to see an event like this as a signature event, because the City needed one. The City had tried several events off and on, but they ended up taking City money and going away, so she hoped that would not be the case with this one. She said the Council was always looking for ways to encourage people to come to the Valley, because once they come to Palm Desert, they want to buy a home to live here. K. CONSIDERATION OF PROPOSED CITY COUNCIL AND EXECUTIVE STAFF RETREAT AND GOAL/PRIORITY SETTING SESSION. Mayor Benson stated the Council needed to set a date for the retreat and also consider the Committee/Commission assignments that need to be filled at that retreat. She checked with Councilmember Finerty and she was available in January and preferred the first week in January before Councilmembers Kroonen and Harnik went up to Sacramento. Mr. Wohlmuth stated he knew one of the facilitators Carolyn Stark was available the first few weeks in January. Mr. Norm King had some commitments, so he would have to contact him. The date's Secretary to the City Council Wilma Michelson showed as potential dates were January 5, 6, 7, 14 and 15, with the 15th being a Saturday morning, and January 28, 29, with the 291h being a Saturday morning. Councilman Kroonen stated it seemed to him it would be convenient to have the retreat before the regular City Council meeting of January 13, 2011. Mayor Benson suggested Thursday, January 6 and the morning of January 7, 2011, starting at 9:00 a.m. Mr. Wohlmuth agreed to schedule it for Thursday, January 6 from 9:00 a.m. to 5:00 p.m., and Friday, January 7, 2011, from 9:00 a.m. to 1:00 p.m. with lunch being provided, which will possibly take place at The Living Desert Reserve, but he still had to check with them. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Direct the City Manager to organize a City Council Retreat between the entire City Council and appropriate selected Executive Staff to be held at a Palm Desert location in January 2011; 2) selected 9:00 a.m. - 5:00 p.m. Thursday, January 6, 2011, and 9:00 a.m. - 1:00 p.m. Friday, January 7, 2011 to schedule said Retreat; 3) appropriate an amount not to exceed $10,000 from Account iR PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 No. 110-4154-415-3121 for this purpose. Motion was seconded by Kroonen and carried by a 4-0 vote, with Finerty ABSENT. Mayor Benson noted that she'd asked Councilman Kroonen to represent the City at the Coachella Valley Mountains Conservancy Meeting on Monday, January 3. L. CONSIDERATION OF THE FORMATION OF A CLERGY COMMITTEE COMPRISED OF TWO CITY COUNCILMEMBERS AND LOCAL CONGREGATION LEADERS. Mr. Aryan stated the item before the City Council was at the request of Mayor Pro Tern Spiegel to explore the feasibility of establishing a clergy committee similar to the City's existing Two by Two Committee with Desert Sands Unified School District. The purpose of this new committee would be to have a forum with Palm Desert congregations to meet with City Officials in discussing matters of community interest. Staff researched other cities in California that have similar relationships, and the benefits of such collaborations have typically been threefold as follows: 1) Increases the level of information the public has about local agency activities; 2) it deepens and diversifies public engagement activities; 3) it generates partnerships to support local programs and services. Staff requested Council's direction relative to the information of this committee. He offered to answer any questions. Councilmember Harnik stated her concern was that some congregations didn't have places of worship within Palm Desert. She said Palm Desert had a Bosnian community, which was very much a Muslim community, and to her knowledge the City didn't have a Mosque; therefore, an inclusive type of committee might exclude some. She knew one of the many discussions lately was bullying and most recently the very egregious "Beat the Jew" incident. She suggested an inclusive committee with people who represented large groups of people like principals or representatives from the YMCA who can get together and talk about these issues and make it more of a human rights committee, which would include the clergy, but not exclude anyone. Councilman Kroonen complimented Mayor Pro Tern Spiegel for bringing the suggestion to the Council; however, he viewed it much like Councilmember Harnik as a call for the Council to understand better how it can incorporate a wider variety of people on various committees and commissions. To that end, he would like to move forward to examine the manner in which the City recruited for the current committees and commission to get a more inclusive group, and if necessary, set up another group that will deal with specific issues. He would be troubled for the same reasons Councilmember Harnik mentioned that it could become a group that excludes and he wasn't comfortable with that. 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 Mayor Pro Tern Spiegel stated he went to the San Diego California League of California Cities meeting when the rest of the Council was appointing Councilman Kroonen to the City Council. He returned with a few good ideas, and one of them was setting up a Clergy Committee. The reason he thought it was a good idea, is that with the exception of today when the room was full of people, generally speaking, if you took staff out of the room there would be no one sitting in the audience. He said the Council did its business pretty much in the blind. He thought this would be a way to gather thoughts from a group of people in the City as to how the Council was doing and know what's going on, and voice what they would like to see happen. He said the Council can make the committee as inclusive as necessary, but it couldn't be opened up to the whole world, because the City couldn't accommodate it. He said he didn't have a preference one way or the other. Mayor Benson stated the Council encourages people from all walks of life to apply for the City's Committees and Commissions and maybe clergy wasn't aware they are welcomed to apply and certainly the Council could write them and ask them to do so, but a committee of just clergy could soon invite a committee of lawyers, doctors, etc., which wasn't needed. She agreed with Councilmember Harnik that not all religions were represented in the City and felt the Council could work around it and accomplish the same thing. She suggested deferring this item for staff to see how it can incorporate other groups into the process of selecting people. Councilmember Harnik stated she knew of at least one other city that had a human rights type of committee, and wondered if that was a possibility, because it can involve clergy and other community leaders, which can be effective in dealing with some of the issues that currently are in the City. Mayor Pro Tern Spiegel moved to, by Minute Motion, continue this item to a date uncertain, with staff directed to take the comments provided for further research. Motion was seconded by Kroonen and carried by a 4-0 vote, with Finerty ABSENT. XV. CONTINUED BUSINESS None 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. R30070 IN THE DEDUCTIVE AMOUNT OF $52,133 FOR THE PALM DESERT VISITOR CENTER TENANT IMPROVEMENT PROJECT LOCATED AT 73-740 EL PASEO, SUITE 14 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro Tem/Vice Chairman Spiegel stated he understood this change order would save money. Redevelopment Manager Martin Alvarez answered yes. Councilman/Member Kroonen moved to, by Minute Motion: 1) Approve Change Order No. 1 in the deductive amount of $52,133 to the subject contract with Orr Builders, Palm Desert, California; 2) authorize the Chairman to execute said documents. Motion was seconded by Spiegel and carried by a 4-0 vote, with Finerty ABSENT. B. REQUEST FOR CLARIFICATION OF CITY COUNCIL ACTION REGARDING A DECISION RELATED TO COMPLETION OF A FEASIBILITY STUDY AND CONCEPTUAL DESIGN FOR AN EXPANSION OF THE CIVIC CENTER SKATE PARK. Senior Management Analyst Ryan Stendell stated that at a previous meeting two options were laid out, one was a recommendation from the Parks and Recreation Commission to proceed with the feasibility study immediately and the other was a recommendation put forth by staff to include the feasibility study in the next fiscal year's budget. It sounded like the Council wished to move forward immediately, but he wasn't sure; therefore, he was asking for clarification on the previous motion. Mayor Pro Tern Spiegel stated it was about finding out how much it would cost to do the expansion, and if it made sense to include it in next year's budget. Mr. Stendell stated the step he needed to complete to find out the cost would be a feasibility study, and the funds for the study would be in the range of $5,000 to $10,000. He asked whether the Council wished to do the study in this fiscal year or place the study in the budget for next year. Mayor Pro Tern Spiegel stated it would be his recommendation to do the study now so that the Council can have the information by the time it reviewed the budget for next year, which he believed was the intent. Mayor Benson concurred. 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 Mayor Pro Tern Spiegel moved to, by Minute Motion, authorized staff to obtain a Feasibility Study for expansion of the Civic Center Skate Park with funds from FY 2010- 2011 in order for the information to be available for discussion during the FY 2011-2012 Budget Process. Motion was seconded by Harnik and carried by a 4-0 vote, with Finerty ABSENT. C. INFORMATIONAL REPORT REGARDING SHORT-TERM RENTAL PROPERTIES IN PALM DESERT. Principal Planner Tony Bagato noted the report on the status of short-term rentals and how it will be treating them in the future. Mayor Pro Tern Spiegel asked when would the next meeting be held. Mr. Bagato responded staff will be circulating the Conditions and hopefully reviewed by the Planning Commission in January and then the City Council in February with a Zoning Ordinance Amendment and Conditions. Mayor Pro Tern Spiegel noted he and Mayor Benson were on the subcommittee. Councilman Kroonen expressed his concern with regard to the statement in the staff report, "The consensus of the subcommittee was to require a Conditional Use Permit (CUP) for short-term rentals." He presumed a property owner was informed when discovery is made that it's a short-term rental and a CUP is required. He was aware of more than one situation where the property owner had been informed of the need for a CUP, but there was no follow-up. In fact, the property continues to be utilized in the short-term fashion without a CUP. He wondered how that could be monitored to close, to what he saw as a gap there. Mr. Bagato stated he would look into the location Councilman Kroonen spoke about, but as with any zoning violation, an order to abate is given. If the party doesn't comply, a citation is given and it goes through the process of code enforcement and abatement. Ultimately, a worse case scenario would be an injunction. Currently, the Ordinance only applied to R1 Single -Family Zones. He said there was a recent complaint of a property in the hillside zone where a CUP is not required. The new Ordinance will apply to all single-family home units that are not gated to have a CUP. Right now the Ordinance only requires R1 districts; there are three other residential districts that are not covered with the CUP requirement and also may not be gated. The approach staff was taking now was to apply it to all neighborhoods that are not gated. Councilman Kroonen stated he supported the approach and for the moment it answered his question, but remained interested in the topic. 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 Mayor Benson stated some houses were being used as rentals that are not covered, but when the Committee met it didn't think it was an issue. Mr. Bagato said that's why staff was following up with an Ordinance Amendment now to cover all residential properties that are not gated for a CUP. With City Council concurrence, the informational report regarding Short-term Rentals was received and filed. XVII. PUBLIC HEARINGS A. REQUEST TO COMMENCE WITH THE FISCAL YEAR 2011/2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE-YEAR ACTION PLAN DEVELOPMENT AND APPLICATION PROCESS. Ms. Riddle stated this public hearing is to start the new process to accept grant applications and develop the One -Year Action Plan and accept public input. Mayor Benson declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. MS. TANYA CHAVEZ, Case Supervisor with Court Appointed Special Advocate (CASA) thanked the City Council for awarding CASA $5,000 last year. She said the funds allowed five children in the fostere case system who had been removed from their homes because of abuse and neglect to be assigned to an Advocate that is a Palm Desert resident. She said CASA was established in 1977 by a Superior Court Judge who saw a need for these children and developed a program to assign advocates to children in foster care. She said children of foster care are already assigned to a social worker who see the children every month, but the advocates meet with children on a weekly or biweekly basis and really get to determine their needs. She said the advocates attend the Court Hearings every six months and make direct recommendations to the Court. Some of the recommendations can be as simple as asking for a clothing allowance, making sure they receive medical exams, ensuring that the homes they are placed in are not physically or sexually abusing children. She said CASA advocates are in the daily lives of these children making dramatic changes. She said there were nine more children in the foster case system that are Palm Desert residents, and they are looking to assign a Court Appointed Special Advocate volunteer. She asked the Council to keep CASA in mind, because there was a great need. She met with a child attorney last week, and that represented 1,500 cases of children who have been removed from their homes from the Coachella Valley. She said referrals came directly from the Court or Child's Attorney, and social workers. Once again she thanked the City Council. 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 MR. STEPHEN A. CHRISTIAN, President of the Board of Director for the Desert Cancer Foundation, stated they provided cancer screening, diagnosis, and treatment for local residents who otherwise would not be able to afford the medical services desperately needed. He said he was a 25-year cancer survivor and knew personally the importance of early detection and treatment. He hoped the City of Palm Desert will continue to support this organization, because it was making a difference in many people's lives. MS. PEGGY BILOUS, Executive Directorforthe Desert Cancer Foundation, stated she hoped the City of Palm Desert will consider joining the cities of Rancho Mirage, Indian Wells, Cathedral City, and La Quinta who currently support their programs through their grant programs. She said since 1994 the Foundation had been providing financial assistance for cancer related services for local residents. This year alone the Foundation will spend nearly $800,000 on direct services and benefit more than 1,000 local residents with this program; because of the current economy, the need is increasing vastly. This year alone in 2010, the expenditures on Palm Desert residents through the treatment program doubled more than 2009. In 2010, the Foundation spent $800,000 to purchase care worth $1.1 million for 27 Palm Desert residents. Since the inception of their Foundation, they have purchased services valued at more than $38 million at a cost of only $5.9 million. They have been able to do this because the Foundation has a partnership with the local medical community who provide services to their clients at a reduced rate. They have not turned any eligible client in the six years she's been with the Foundation. She thanked the City Council for their consideration as they will be applying for a grant. MR. JOHN WOLOHAN, Executive Director of Martha's Village and Kitchen, thanked the City Council for the generous award for this past year, which helped provide meals for more than 245,000 people. He said the need is unabated and hoped for the City Council's continued support. MR. DAVID BRINKMAN, Chief Executive Officer of Desert AIDS Project, stated they served 2,300 low-income patients who live in the Coachella Valley who have HIV/AIDS; their average income this year will be $9,800. Their request to the Community Development Block Grant (CDBG) would be for the final phase of their Energy Efficiency Retrofit Project. The total cost for their final phase is $165,000 of which they will be asking the City of Palm Desert for $22,000. They will also be asking the City of Palm Springs, Rancho Mirage, and Riverside County to participate as well. The results of the project will be a reduction of their energy bill by $60,000 a year. He said that reduction will provide 550 additional medical visits to their facility. The project conserves energy and Desert AIDS Project is listed as a health care resource for the citizens of Palm Desert and as the Health Resources 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 Element of the City's General Plan. He said their energy efficiency retrofit project also addressed the City's commitment to thoughtful use of energy as stated in the City's Plan. He thanked the City Council for their consideration and support. With no further testimony offered, Mayor Benson closed the public hearing. Mayor Benson explained that the Mayor and Mayor Pro Tern sit on a committee that reviews the applications in March, which is the process in place, and then presented to the City Council for final consideration. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Informational Report on Production and Distribution of the City's 2011 Community Calendar (Joint Consideration with the Palm Desert Redevelopment Agency). Mr. Wohlmuth noted that Mayor Pro Tem/Vice Chairman Spiegel reported on the 2011 Community Calendar as part of his remarks earlier in the meeting. He reiterated that the Calendar was available currently. It wasn't being mailed to each City address this year, but there were plenty now available at City Hall, Desert Willow, Visitor Center, Public Library, and any other community outlet where they can be placed. He encouraged everyone to get their free copy. He said it was a wonderful production this year, and he thanked Mrs. Mary Helen Kelly for her wonderful ideas and selection of photographs, along with Management Analyst David Hermann for his coordination of the project that was very special for not only former Councilman Dick Kelly and his family but for the City too. Mayor/Chairman Benson felt it would be a good idea if a supply of the 2011 Calendars was delivered to each of the City's Mobile Home Parks, because those residents really used the calendars each year, and Mr. Wohlmuth agreed to do so. With City Council/Agency Board concurrence, received and filed the report and directed staff to deliver a supply of calendars to the City's Mobile Home Parks. 2. Aquatic Center Operator RFP Process — Mr. Wohlmuth noted that some may already be aware, as the issue was on the Parks & Recreation Commission agenda, but for everyone else's benefit City staff had gone through the Request For Proposals (RFP) Process for selection of the Aquatic Center Operator. The team reviewing the proposals selected four of them, interviewed three operators, and 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 selected YMCA of the Desert as first choice. Yesterday the contract negotiation process began with YMCA, and it was anticipated that the Operator Contract would be brought before City Council in early February for approval, with the Aquatic Center scheduled to open Memorial Day 2011. He thanked YMCA of the Desert for their top - ranked proposal, adding that Landmark Golf and Kemper Sports Management also submitted excellent proposals. 3. December 23 Regular City Council Meeting — Mr. Wohlmuth thanked City Council for selecting dates for the Council -Management Team Retreat earlier in today's meeting, but he wondered whether or not the City Council planned to hold its Regular Meeting on the fourth Thursday this month. He said in the past there have been meetings on December 23, but it was very close to the Christmas Holiday. Mayor Benson felt that in the recent past the City Council has only held one meeting in December on the second Thursday. She preferred cancelling this year's December 23 Meeting and going to the first meeting in January (January 13). Further, she would be out of town on December 23. In answerto Councilman Kroonen's question, Mr. Wohlmuth said staff had identified a couple of items that could be considered at a second meeting this month; however, he didn't think they were extremely urgent and could wait until January 13. Given the above, Councilman Kroonen agreed that it would be appropriate to cancel the meeting on December 23. Mayor Pro Tern Spiegel observed that if staff found that it needed action on items before January 13, three Councilmembers made a quorum and could call a meeting for such action. Mr. Wohlmuth said if there was an urgent item, he would contact the City Council to schedule a special meeting. But for now, staff would consider the December 23 Meeting canceled. With City Council concurrence, the December 23 Regular City Council and Redevelopment Agency Meetings will be canceled. 4. Desert Willow Golf Resort Projects — Mr. Wohlmuth reported that the Desert Willow Clubhouse and Terrace Improvements would be complete in January. He believed most of the Councilmembers had taken a tour of the renovation/expansion projects, with January 9 projected for completion of the Kitchen Expansion. Kemper Sports had asked the City to consider a VIP Event to reopen the Clubhouse 0A PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT DECEMBER 9, 2010 on Friday evening, January 14, with a possible Sunday, January 16, Community Open House. He asked Councilmembers to place these dates on their calendars. 5. Visitor Center Tenant Improvements — Lastly, Mr. Wohlmuth recalled the Change Order item earlier on this agenda. When the $288,000 contract was awarded to Orr Builders for the new Visitor Center on El Paseo, Council felt that was a high amount compared to the estimate and asked staff to come back and see what it could do to economize. He thanked Redevelopment Manager Martin Alvarez and Visitor Center Manager Donna Gomez for working with both Orr Builders and the architect to negotiate the project price down to where the City thought it should be, around $230,000, and still be open before the end of the year. He said the new Visitor Center location was officially opening tomorrow. Responding to question, Ms. Gomez said an open house was being planned for Wednesday, January 26, and Councilmembers would be formally notified of the details. B. CITY ATTORNEY None C. CITY CLERK Consideration of the Annual Committee/Commission Appointment and Reappointment Process, and City Council Liaison Assignments. Ms. Klassen called attention to the report in the packets. She noted that a binder of current applications had been delivered to each Councilmember, including a separate section devoted to applicants specifically for the Citizens' Sustainability Committee that was formed this fall. She asked that they begin giving thought to the applications and that the City Clerk's Office needs to know: 1) Names of the applicants each Councilmember wants to interview; 2) dates for scheduling the interviews. Mayor Benson directed that the names of applicants be given to the Clerk's Office, and once the number of applicants to be interviewed is known, that will determine how much time is needed. Further, she said available dates can be obtained through the Council's Secretary, and the Council could get started on it at the first of the year. She offered that anyone interested in serving on the City's Committees and Commissions can contact the City Clerk's Office at any time for current vacancies and to obtain an application; she welcomed all applications. N: PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 With City Council concurrence, the names of applicants to be interviewed should be provided to the City Clerk's Office by Friday, December 17. Ms. Klassen noted that the binders contained a worksheet with 20 slots for applicant names to submit to the City Clerk's Office. If Councilmembers had more than 20 to interview, they could make copies of the worksheet or obtain additional copies from the Clerk's Office. Councilman Kroonen commented that he'd been through the applications for the Citizens' Sustainability Committee, and if it was any indication of the level of interest the community has in working with the City, it was tremendous. He noted there were well over 20 applications, the candidates were very well qualified, and it was hard for him to exclude any from the interview process. He looked forward to a big job of finding the very best people for the Committee. 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 o City Council Committee Reports: Desert Rose Society — Mayor Pro Tern Spiegel reported that the Desert Rose Society, which meets in the Portola Community Center, provides an annual Coachella Valley pruning demonstration in the Civic Center Park Rose Garden. This year it will be held Saturday, January 15, around noon. He said they will be demonstrating planting and pruning techniques, and it was a very helpful event for rose lovers. 29 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 2. Palm Desert Chamber of Commerce — Mayor Pro Tern Spiegel announced that Palm Desert Chamber of Commerce President/CEO Barbara deBoom has been elected to serve on the Institute for Organizational Management's National Board of Trustees for the United States Chamber of Commerce. He said she'd previously served on the local Board for this organization. Further, he said she's one of the top 100 Chamber Presidents in the United States. Although she'd already left today's meeting, he congratulated her on her election to this prestigious position and invited his colleagues to do likewise. 3. Pickleball — Mayor Pro Tern Spiegel shared with his colleagues a picture of residents playing Pickleball at Cahuilla Park. He said the courts are being used extensively, with more people playing Pickleball than Tennis lately. 4. Children's Discovery Museum of the Desert — Mayor Benson commented that at this week's Board Meeting, it was reported that attendance at the Museum was up 8%, which shows a definite turnaround from last year. Everyone was very pleased with that news and hoped maybe it signified the turning of a corner for all things if more people were coming into the CDMOD. 5. Coachella Valley Animal Campus — Mayor Benson made a plea for anyone who would like to adopt an animal. She said the Caring For All Animals Group had a large adoption event at Indio on Saturday, November 20, and found homes for around 200 animals. However, she cautioned that the euthanasia rate at the Campus was exceedingly high due to the economy. Therefore, she encouraged anyone who was willing to adopt a dog or cat to do so, and to spread the word -- it would be greatly appreciated to help reduce the euthanasia rate. o City Council Comments: Fire Department — Councilmember Harnik said the Fire Department invited her to watch its training in some of the homes along Alessandro Alley. She said the day she watched, they were practicing with the RIC (Rapid Intervention Crew) Training, and she was amazed by the firefighters' bravery to be able to run into a building that everyone else would run from. Upon her inquiry, she was told the temperature inside the house was 180 F, visibility was zero, and RIC Members are 30 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 carrying 100 pounds of equipment when they go in. The RIC saves Fire Department comrades that may go down when they're inside a structure. It was an amazing experience for her, and she was very proud of these people working in our community. 2. McCallum Theatre - Councilman Kroonen said with Mayor Benson he participated in a wonderful event at the McCallum the other evening. Had anyone ever wondered whether or not it was appropriate for the City to provide support for the Theatre, done in very magnanimous fashion about 10 years ago, he said that action has been vindicated. The Theatre is in wonderful shape, and he's very proud that the City played a significant role in what amounted to a "Saving the Theatre" event at that time. 3. Palm Springs Art Museum (Palm Springs Desert Museum) - Councilman Kroonen reported that he was very pleased to be invited to take a look at the Palm Springs Art Museum. With the current collaborative effort ongoing between the City and Museum, he was invited over by former Indian Wells Mayor Ed Monarch, Member of the Museum Board, and also met there with Museum Director Steve Nash and with Harold Meyerman, who had been in attendance earlier at this Council Meeting, to review the Museum and further understand the collaboration that is coming about between the Museum and the City's former Visitor Center facility. He was very pleased and excited about the venture, as he felt it would be good for everyone involved. 4. Behind A Miracle (BAM) "Wrap" Party - Mayor Benson said she'd represented Mayor Finerty at a "Wrap" Party at The Shops On El Paseo in conjunction with the fundraising event held there last week - helping to wrap gifts. She was pleased with the crowd that participated that night, and she hoped they did a lot of shopping since the event was put on by the ladies from Bighorn with their BAM program benefiting cancer patients. 5. El Paseo Festivities - Mayor Benson went on to say that on Wednesday, November 24, she, along with Councilmember Harnik, participated in the Christmas Tree Lighting Ceremony at Fred Fern's building, which also drew a large crowd of people. 31 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT DECEMBER 9, 2010 6. Colorado River Water Board — Mayor Benson said while she had neglected to announce it while he was in the audience at today's meeting, she was pleased to report that former Councilman Buford Crites had just been appointed to the Colorado River Water Board by the Governor and was sworn in there this afternoon. She knew that Mr. Crites would represent the City well there. 7. Civic Center Park Wreath Lighting Ceremony — Councilman Kroonen said he thoroughly enjoyed the Wreath Lighting Ceremony in the Park last Friday evening. He applauded Senior Management Analyst Ryan Stendell for his coordination of an excellent event. Councilmember Harnik complimented the terrific Santa Claus there too. 8. University of California Riverside - Palm Desert Campus — Councilman Kroonen noted that a number of City officials were invited to again meet with UCR Chancellor White yesterday and heard him comment, as was also reported in this morning's Desert Sun, "If the community (the Coachella Valley and Palm Desert) is serious about UCR out here, I'd like the community to co -pay." Councilman Kroonen said he wasn't sure just what it is that the community must demonstrate to the Chancellorthat this community, having already donated a good chunk of real estate and support for University of California, Riverside, development in other ways. While he didn't know what this meant, he did know that the Chancellor has not responded to the City Manager's letter with regard to further plans for UCR-Palm Desert. He wanted to go on record today to say he was very disappointed with the Chancellor's comments yesterday, and he hoped that things could be turned around in terms of VCR's presence in the Coachella Valley. o Suggested Agenda Items for Subsequent Council Meeting Agendas Youth Committee — Councilman Kroonen commented that he met briefly with Ms. Riddle yesterday to better understand the role of the Youth Committee in the City's advisory process. If it hasn't been done already, he hoped that the City Council would consider how it could recognize the young people serving its Youth Committee. He felt there could never be enough recognition to reward their participation in City Government. 32 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING XIX. ADJOURNMENT DRAFT DECEMBER 9, 2010 On a motion by Spiegel, second by Kroonen, and 4-0 vote of the City Council, with Finerty ABSENT, Mayor Benson adjourned the meeting at 5:49 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JEAN M. BENSON, MAYOR 33