Loading...
HomeMy WebLinkAboutPreliminary Minutes - City Council June 23, 2011PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 23, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:00 p.m. II. 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 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. Grace L. Mendoza, Deputy City Clerk 111. 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 JUNE 23, 2011 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Mayor Pro Tem Spiegel requested adding an item to the agenda for an update on Palm Desert Country Club. He believed Mr. McCarthy may have some current information, and Mr. McCarthy responded that it was ongoing litigation. Mr. Erwin agreed and said if the Council wished to add it to the agenda, it could be done by a four -fifths vote. Upon a motion by Spiegel, second by Harnik, and 5-0 vote of the City Council, the following item of Closed Session consideration was added to the agenda. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) PDCC Development LLC, Petition for Bankruptcy, United States Bankruptcy Court, Central District of California On a motion by Spiegel, second by Harnik, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting to Closed Session at 3:02 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 - Councilmember Cindy Finerty VII. INVOCATION - Mayor Pro Tern Robert A. Spiegel 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE THE PALM DESERT HIGH SCHOOL TENNIS AND BASEBALL TEAMS FOR THEIR OUTSTANDING ACCOMPLISHMENTS IN THE 2011 SEASON (Continued from the meeting of June 9, 2011). On behalf of City Council, Councilmember Harnik presented framed proclamations for each the Palm Desert High School Boys' Tennis Team and the Palm Desert High School Baseball Team to Palm Desert High School Athletic Director and Baseball Coach Darol Salazar, along with other members of PDHS Athletics also in attendance. COACH SALAZAR thanked the City Council and staff for being very involved in the school and the support that's been offered. He said they've been moving from the old to the new campus facility, and all the help has been much appreciated. In answerto question, he responded that he'd been with PDHS for 25 years. Councilmembers and all in attendance heartily congratulated the teams and Coach Salazar for their accomplishments. Congratulations and best wishes were also relayed for the Boys Tennis Team Coach Blalock, who was unable to be present for today's recognition. B. CONSIDERATION OF CITY COUNCIL LIAISON ALTERNATE APPOINTMENTS TO CITYAND OUTSIDE COMMITTEES (Continued from the meeting of June 9, 2011). Mayor Pro Tern Spiegel stated Councilmembers were provided with a list of potential liaisons, and he would like the Council to accept the list. Mayor Pro Tern Spiegel moved to, Minute Motion, approved the selections as presented on the worksheet provided in the agenda packets. Motion was seconded by Finerty. Mayor Benson asked that the Council fill in the vacant ones by the next meeting. Mayor Pro Tern Spiegel agreed, but for now work with the proposed selections. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 C. APPOINTMENT OF A CITY DESIGNEE AND ALTERNATE TO THE COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) BOARD OF DIRECTORS. Councilman Kroonen stated he briefly discussed the issue with Councilmember Harnik and believed she was inclined to be the designated representative, and he also understood Ruth Ann Moore was the designated Alternate, which he would formally move to approve as well. Councilman Kroonen moved to, by Minute Motion, appointed Councilmember Harnik as the designated representative and Economic Development Manager Ruth Ann Moore as Alternate to the CVEP Board of Directors with a term beginning July 1, 2011. Motion was seconded by Spiegel and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 9, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 251, 252, and 256. Rec: Approve as presented. C. PARKS & RECREATION COMMISSION MINUTES forthe Meeting of May 3, 2011. Rec: Receive and file. D. REQUEST FOR DECLARATION of Vehicles, Equipment, and Various Miscellaneous Items as Surplus and Authorize Disposal as Proposed — Public Works Fleet and Maintenance Equipment. Rec: By Minute Motion, declare Public Works vehicles, equipment, and various miscellaneous items as surplus and authorize disposal as proposed. E. REQUEST FOR APPROVAL of Revised Wireless Communication Stipend Policy for Councilmembers and City Employees. Rec: By Minute Motion, adopt the Revised Wireless Communication Stipend Policy for Councilmembers and City Employees. !! PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 F. REQUEST FOR AWARD OF BID to John Deere Landscapes for the Purchase of Irrigation Supplies on an As -Needed Basis in an Amount Not to Exceed $25,000 (Project No. 911-11). Rec: By Minute Motion, award the bid for Purchase of Irrigation Supplies on an As -Needed Basis to John Deere Landscapes, Palm Desert, California, in an amount not to exceed $25,000 — funds are available in General Fund Account Nos. 110-4610-453-2190 - Supplies -Other, 110-4610-453-3320 - R/M Landscape Services, 110-4611-453-3320 - R/M Landscape Services, and 110-4611-453-3371 - R/M Tri-Cities Sports Facility. G. REQUEST FOR APPROVAL of 2011 Palm Desert ATHENA Scholarship Award Agreement Between the City of Palm Desert and California State University, San Bernardino (Contract No. C24306). Rec: By Minute Motion: 1) Approve an Agreement between the City of Palm Desert and California State University, San Bernardino, to establish the 2011 Palm Desert ATHENA Scholarship Fund; 2) authorize the City Manager to sign said Agreement on behalf of the City. H. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between Community Connect (formerly the Volunteer Center of Riverside County) and the City of Palm Desert to Participate in the 2-1-1 Riverside County Program (Contract No. C30980). Rec: By Minute Motion, authorize: 1) Mayor to execute the subject MOU between Community Connect (formerly the Volunteer Center of Riverside County) and the City of Palm Desert as it relates to participation in the 2-1-1 Riverside County Information and Referral Program; 2) expenditure of funds in an amount not to exceed $7,500 from Account No. 110-4800-454-3880 for this purpose. REQUEST FOR APPROVAL of the Generating Facility Interconnection Agreements (GFIA) with Southern California Edison Related to Photovoltaic Systems (Contract No. C30990). Rec: By Minute Motion, authorize the City Manager to execute the subject Generating Facility Interconnection Agreements with Southern California Edison for City Projects that have already been approved by the City Council. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 J. REQUEST FOR RATIFICATION of Amendment No. 2 to Contract No. C29310 with Artist Paul Hobson — Artwork for the Palm Desert Aquatic Center. Rec: By Minute Motion, ratify Professional Services Amendment No. 2 in the amount of $1,500 to the subject contract with Artist Paul Hobson to create artwork for the Palm Desert Aquatic Center — funds are available in Account No. 436-4650-454-4001 - no General Fund money will be expended. K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C30640 — 2011 Curb Ramp Modification Project (Project No. 753-11). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $4,500 to the subject contract with Simon Contracting, Indio, California, to add three locations to the project; 2) authorize the transfer of $4,500 from contingency to base for the project; 3) authorize the Mayor to execute Change Order No. 1. L. REQUEST FOR AUTHORIZATION to Release Maintenance Security for the Segovia of Palm Desert, LLC, Project (Precise Plan No. 07-15) (Segovia of Palm Desert, LLC, Applicant). Rec: By Minute Motion, authorize release of the Maintenance Security for Segovia of Palm Desert, LLC (PP 07-15). M. INFORMATIONAL REPORT Regarding a Temporary Program to Allow Off -site Directional Signage for Real Estate Open Houses Under Specific Conditions. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Mayor Pro Tern Spiegel requested Item M be removed for separate action under Section XI, Consent Items Held Over. Mayor Benson noted she had a Speaker Card for this item as well. Upon a motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. N PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 XI. CONSENT ITEMS HELD OVER M. INFORMATIONAL REPORT Regarding a Temporary Program to Allow Off -site Directional Signage for Real Estate Open Houses Under Specific Conditions. MS. DIANE BUSCH stated that as the Director of California Desert Association of Realtors and chairperson for California Desert Association of Realtors Local Government Relations Committee, she was speaking on behalf of the Association and in favor of the Temporary Program. She said this was a very important issue for the Realtors in the community as Open Houses and Signage are critical for sales in the desert. She said the Board supported the program as presented by Director of Community Development Lauri Aylaian. On behalf of the Board, she thanked Ms. Aylaian for working with them toward a resolution to this matter. The one issue that remained was permission to use brokerage brand on Open House signs, but on balance, they felt it was a fair compromise that will work for all parties, which is the position of the California Desert Association of Realtors. Mayor Pro Tern Spiegel agreed Ms. Aylaian did a great job in putting this program together, but there was one spot that could hurt some of the Realtors, which is not being able to use Open House signs with an arrow on Highways 74 and Highway 111. He said there were many roads with a lot of houses off Highway 111, and to not allow directional signs on Highway 111 was a mistake. Mayor Pro Tern Spiegel moved to, by Minute Motion, approve Temporary Program, as amended to include directional arrow indicators on the approved Open House signs along Highways 111 and 74. Motion was seconded by Harnik. Councilman Kroonen stated that in concept he was in favor; however, he needed clarification on the following statement, "No signs are allowed in the right-of-way for Highways 111 or 74, both of which had Scenic Preservation Overlay Zones." He said he was not specifically familiar with what the Overlay Zone was, and it would be helpful to him in voting on this to know what it is. Ms. Aylaian responded the Overlay Zone (OZ) is as additional set of zoning regulations for specific properties, and in this case, it overlays the Commercial and Residential Zone that is along Highways 111 and 74 with more regulations that help protect the views of the mountains. The reason these requirements existed and originally excluded Open House signs was because the City tends to get more complaints when signs clutter the street, particularly Highway 74, and to a lesser extent Highway 111. However, this decision was totally up to the discretion of the City Council on whether they would like to try allowing these signs. FA PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 Councilman Kroonen asked if there was any area along those highways that was not part of the Scenic Preservation Overlay or was everything included. Ms. Aylaian answered that everything was included. Mayor Benson stated sometimes on weekends Highway 111 and Highway 74 looked like a circus with signs on every corner, and she recognized it was through the Realtors that this criteria was designed, so she wondered if staff could go back and see if there could be a condition that not every corner can have signs. She said perhaps work out something with the Board of Realtors on what would be acceptable instead of having flags on every corner. Mayor Pro Tem Spiegel said the program wouldn't include flags, it would just be an Open House sign with an arrow. It will be the same colored sign that is used for houses. Further responding, he disagreed that there would be a sign at every corner. Ms. Aylaian explained that under this program, if an intersection crosses two streets, you could theoretically have one Open House sign on each corner, if there was an Open House in each direction. She said this was a temporary program and it might be worth the opportunity of trying it out for six months, which is the length of the program. If at the end of that time, it appears too cluttered, that restriction/limitation could be imposed again. Mayor Pro Tern Spiegel amended his motion, to approve Temporary Program for a six-month period, as amended to include directional arrow indicators on the approved Open House signs along Highways 111 and 74. Councilmember Harnik said the summer was a good time to try the program out, and if the Council didn't love it, this was a good time to figure it out. She said the Council had discussed the issue of foreclosures and empty homes, which they didn't want, but it will do what it could to help sell those homes. The amended motion was seconded by Harnik. Mayor Benson agreed to try out the temporary program. Mr. Wohlmuth said the problems with Highways 111 and 74, is that often, the City had the right-of-way on both sides. He said this was not like a normal street, because the frontage road was the City's right-of-way as well as Highway 111 and Highway 74 after it took it over from Caltrans. He asked Public Works Director Mark Greenwood, with regards to the line of sight issues, if a sign was placed closed enough to the curb if there would be traffic safety issue, and if he was okay with this temporary six-month pilot. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 Mr. Greenwood said he was okay with the pilot program as long as the signs were on a typical short post, and the top of the sign was less than three feet to the top of the sign from the ground. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING SUBMITTAL TO THE RIVERSIDE COUNTY AUDITOR OF TAX ROLL CORRECTIONS WITH RESPECT TO THE 2009-2010 LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) REGARDING CERTAIN PARCELS. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2011-49. Motion was seconded by Kroonen and carried by a 5-0 vote. B. RESOLUTION NO. 2011 - 50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2011-2012. Mayor Pro Tern Spiegel moved to waive further reading and adopt Resolution No. 2011-50. Motion was seconded by Kroonen and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: None 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 XIV. NEW BUSINESS A. REQUEST FOR DIRECTION TO STAFF RELATIVE TO USE OF THE AQUATIC CENTER, SPONSORSHIP OF FEES FOR USE, AND WAIVER OF SECTION 11.01.140 OF THE PALM DESERT MUNICIPAL CODE - AMPLIFIED SOUND, AS IT RELATES TO THE MODERN PENTATHLON WORLD CUP— FEBRUARY 20-26, 2012 (Michelle Strauss, USA World Cup Pentathlon, Applicant). Ms. Riddle stated staff received a call from the Applicant Michelle Strauss requesting this item be pulled for consideration, because the Applicant decided to use the Palm Springs Community Pool. Mayor Pro Tern Spiegel asked if there was any reason why. Ms. Riddle stated it was her understanding, because she hadn't spoken with Ms. Strauss directly and had been unable to make contact, is that using Palm Springs' pool was free and didn't require Council approval; therefore, less complicated for them. Mr. Wohlmuth stated staff begun talking to the Applicant about the use of the park and things became problematic. Additionally, he had some concerns with the request, because the YMCA is managing the Aquatic Center. To tell the YMCA to provide the pool for free went against the City's attempt for cost recovery, because it will require staff to clean up after this event. Secondly, the organizers are not using hotels in Palm Desert, they have contracts with hotels in Rancho Mirage and others, so the City wouldn't get the revenue. Thirdly, the event required screening along the fence of the entire Aquatic Center, which went against the Safety Program at the pool for police to have visibility, and they wanted the City to pay for that screening. Mayor Pro Tern Spiegel asked if there was a charge to the community to watch the swimmers. Ms. Riddle said there was a tentative $10.00 charge, but that fee had not been set. Further responding, she said the fee would have been received by the Pentathlon and nothing for the City. Applicant's Request was withdrawn. No further action was required nor taken. 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 B. REQUEST FOR DIRECTION TO STAFF CONCERNING A TEMPORARY USE PERMIT FOR RECREATIONAL VEHICLE SALES LOCATED AT 34-220 MONTEREY AVENUE (SAM'S CLUB), Case No. TUP 11-202 (Mike Thompson RV, Applicant). MR. MARK S. ROSENBAUM, Director of Sales, stated two years ago Mike Thompson RV came to the desert for the very first time and ended up in a little place over in Cathedral City. They looked into doing shows full-time and year round instead of every six months, so they decided to put these shows together to see how it went. They talked to Sam's Club, who was excited about their shows and went ahead and held events there. He apologized for not having their act together at that time, because they didn't have source codes, source locations, computerization, printers, and all the other necessary equipment to contract people there in the parking lot at Sam's Club in Palm Desert. Therefore, people would shop at the Sam's Club parking lot and then go over to the lot in Cathedral City where they would contract the sale. Since then, they have purchased the necessary equipment and have programed their computers with source codes for Palm Desert. He said they would like to continue to show at Sam's Club as it was a win -win situation, because they purchased $3,000 to $5,000 worth of Sam's Club Memberships, which are handed out for free to people that show up at their events. He said their average sale from January to this date was $82,000 retail, and if they could sell five units at every event, it will produce revenues of about $4,000 to $5,000 to the City per event. He said with time shows will get better and revenue sales for the City can increase up to $5,000 to $10,000 per event. He said if they conducted an event once a month or every other month, it would be substantial for the City of Palm Desert. Mayor Pro Tern Spiegel asked if they were looking for another location. MR. ROSENBAUM answered no, stating they decided to keep it small in Cathedral City. He noted they did a lot of promotions for Palm Desert's campgrounds, paid for dinners, sponsored rose bowl and super bowl nights, which are special nights for visitors that came from November 1 to April 1. Mayor Pro Tern Spiegel asked how much was paid to use the Sam's Club Facility. MR. ROSENBAUM said they paid anywhere from $3,000 to $5,000 for the memberships he was talking about, depending on the time of year. Further responding, he said Sam's Club owned the parking lot and that portion of the parking lot was not utilized; it was behind the gas station. Mayor Benson pointed out the Applicant was asking to use the parking lot in July and every month through December. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 MR. ROSENBAUM said that would be Council's decision, but they would certainly want to use it in November and skip December, because Sam's Club was busy during that month and their parking was full. However, using the parking lot in January, February, March, and April would work out for them. He said during the summer month there is plenty of parking available, and if the City allowed them to do it every month, they would pay the money to do so, because it helped them keep the place open and kept service and security people employed. He believed Sam's Club would allow them to have shows every month as well. Mayor Pro Tern Spiegel asked staff how much revenue did the City receive from automobile shows held in the past. Mr. Gibson said he would have to research it and let the Council know at a later date. MR. ROSENBAUM apologized to the Council for not sourcing the sales accurately, but they have now set it up completely to provide the revenue to the City of Palm Desert. He said they had the source code, a contractor, and an additional manager to be present at the shows to source sales properly. Councilman Kroonen asked if there was a down side to this in any way. Assistant Planner Missy Grisa answered not in staff's opinion, stating the Municipal Code allowed ten days per calendar year for special or private events. Therefore, it was up to the City Council discretion if it wanted to allow that for one business. Councilman Kroonen moved to, by Minute Motion, approve Case No. TUP 11-202 for Recreational Vehicles Sales located within the Sam's Club Parking Lot. Mayor Pro Tern Spiegel stated he would like to try it and suggested trying it out forthe months of July, August, and September, and review it at that time. MR. ROSENBAUM agreed. Councilman Kroonen modified his motion to approve Case No. TUP 11-202 for Recreational Vehicle Sales located within the Sam's Club Parking Lot for the months of July, August, and September 2011, with a review of the Permit thereafter to analyze the success and/or impacts. Motion was seconded by Spiegel and carried by a 5-0 vote. 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT JUNE 23, 2011 C. CONSIDERATION OF REQUEST FOR FUNDING TO SPONSOR FASHION WEEK EL PASEO MARCH 17 - 25, 2012. Economic Development Manager Ruth Ann Moore noted the staff report and stated Palm Springs Life representatives were present to answer any questions. Mayor Benson stated she knew the Council allocated $50,000 for the event, but also knew Palm Springs Life (PSL) had worked hard to keep this event going, to keep it in Palm Desert, and tried to improve on it every year. She said PSL has done a fabulous job and knew the crowds were out there, but how much revenue it actually brought to the merchants was nebulous, because people were here for the shows and not to shop. She didn't think that part of it was a huge success, but certainly thought PSL should be rewarded with the extra $25,000 for their perseverance on this event. Mayor Pro Tem Spiegel agreed, stating 30% of the people who attended last year were from out of the area, and it had the highest attendance. He said Fashion Week was a signature event for the City of Palm Desert. Councilmember Harnik said she attended five of the evenings, and it was exciting, full of energy, and it had international presence, which was very impressive. She said a survey was sent out to the merchants in that area, and more often than not responded very favorably, even with sales. She said it was important to keep an eye on the fact that Fashion Week was a marketing event, and it placed Palm Desert on the map. Councilman Kroonen noticed significant contributions are made to various charities, and he was curious about the decision making process in terms of determining which charities are benefitting and the amounts given to each one of them. Mayor Pro Tern Spiegel said the last day of the event was a Bachelor Auction for Shelter from the Storm, which is the primary fundraiser for the entire event. Ms. Moore added that it depended on which charity was helping and working with each evenings event, because there are different events held each night. For example, on Sunday there is a Cut-a-thon with about 30 salons participating and funds raised go to the charity the salon selected. She apologized that Michael Mathews was unable to attend this evening to be able to elaborate further on the subject, but he was called out of town on an emergency. MR. JIM DOYLE stated charities are selected partly based on helping to make the event a continued success. He said Fashion Week's attendance 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 had gone up every year for the past six years with it increasing 30% last year, and there are 18 different charities that benefitted to a total of $121,000 from the event. He said they also looked at how much the charity can facilitate toward ticket sales to help the event. Some charities are very eager and want to be part of the event and others don't have the capacity to be able to help. Councilman Kroonen stated he appreciated everyone's explanation, and he also was very enthusiastic about the event and wouldn't want anyone to misunderstand anything he was saying. Mayor Benson moved to, by Minute Motion: 1) Approve the Marketing Committee's recommendation of a $75,000 sponsorship for the 2012 Fashion Week Event; 2) appropriate an additional $25,000 from Unobligated General Funds to Community Sponsorships, Account No. 110-4416-414-3062 for this purpose; 3) authorize up to $10,000 in -kind City services and fees; 4) authorize the use of City -owned lot at the northeast corner of Shadow Mountain Drive and Larkspur Lane; 5) authorize closing a portion of Larkspur Lane in the evenings from 5:00 p.m. to 10:00 p.m. during Fashion Week; 6) permit the consumption of alcoholic beverages on City -owned property; 7) authorize the Mayor to execute the Sponsorship Agreement (Contract No. C31000) — funds of $50,000 have been included in the proposed Financial Plan for 2011-2012, Community Sponsorships, Account No. 110-4416-414-3062. Motion was seconded by Spiegel and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF THE 13T" ANNUAL "TURKEY TROT" 5K RUN/WALKON NOVEMBER24, 2011, INCLUDING CLOSURE OF PUBLIC STREETS (Desert Cities Track Club, Applicant). Senior Management analyst Ryan Stendell noted the staff report and offered to answer any questions. Councilman Kroonen stated the staff report included a statement that staff will ask the producer to prove his non-profit status and proof of scholarships to Palm Desert High student athletes. He was curious as to how many scholarships, the amounts, and how scholarship recipients are determined. Mr. Stendell responded that from last year's event, they have been provided with two canceled checks in the amounts of $333.33 going to two Palm Desert High School students, but as to how the recipients are chosen, he would have to defer to the Applicant to answer that question. He also had canceled checks from what the event actually cost. He said the Applicant provided last year's information, and in moving forward, staff will be looking to compile the information every year. MR. ALAN WOODRUFF, President and Coach of the Desert Cities Track Club stated the recipients for the scholarships are awarded based on 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 leadership, grade point average, and their ability to go on to college. He said Desert Cities Track Club (DCTC) has provided a total of 25 scholarships to students at Palm Desert High School. Checks are normally in the context of $1,000, but last year there were only two recipients, because the third one wasn't at the scholarship meeting. That recipient will receive the award at this year's Turkey Trot. He noted it was a must that the recipient went on to college. He expressed his appreciation to the City Council for the City's contribution to produce the event, but it was important for the Council to know they have created 25 scholarship for cross-country and track & field runners. He said they were the only group in the Valley that did this event and has done it for 31 years as a Desert Cities Track Club. Last year he made an offer during the Turkey Trot for all those that are 60 years and older to charge only $20.00 for the race; the event had 66 people over the age of 60 running in the race. In the thirteen years they have put this event on, they have brought to El Paseo more than 12,000 runners. When they were doing marketing for the race years ago, they found that close to 60% of the people that came to the race returned to El Paseo during the Thanksgiving weekend. He said all the raffle prizes and sponsors are from Palm Desert making the event a local race. He invited the City Council to the race and offered to compensate the entry. Responding to question, he said the fee to enter the race was $25, and they do not charge elevated fees for the day of race time. Most races in southern and northern California charge anywhere from $35 to $45 for the same distance race. He said they've held this event as a home -town race, and he's had many offers from many big-time sponsors to keep it local and small. He said once all the bills, T-shirts, scholarships, and port-o-potties were paid, the profit was about $6,000. Further responding, he confirmed the City contributed $3,000 to the event. Councilman Kroonen stated he debated on whether to participate or not and drove the course, and it seemed to him that it wasn't quite 5K, because his odometer only showed 2.9 miles. MR. WOODRUFF said he appreciated the question, because runners were much more picky. He said maybe the course driven by Councilman Kroonen was from where the event used to start in front of The Gardens, around down to Ocotillo, then up to the top of Ocotillo and back, which was 3.0 miles. He said the starting line was moved back and geographically it was now right in front of the Apple Store making it a little further to 3.1 miles, which was five kilometers. Councilman Kroonen stated he realized it was probably a widely received event in the community and could use some more testimony along that line. He said relative to the entire event, the City was spending $3,000 and only $1,000 was going toward scholarships. He felt there must be other benefits 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 to the community for the City to spend $3,000 on the event and he's trying to identify what those are. Mr. Stendell responded the best that he could put his finger on is that the residents have started to enjoy the fact that they can go out for a little exertion before going out to do what one did on Thanksgiving Day, which seemed to be the most important community benefit he's seen from these Thanksgiving morning 5K events. He said whether one chose to run or walk, it was a nice City event. MR. WOODRUFF added that another benefit the community received is that Desert Cities Track Club charged $30 a year for its membership. The membership enabled members to meet every Wednesday night at Palm Desert High School's track, which includes, walkers, runners, strollers, etc., and they are exposed to coaching and an opportunity to start a different lifestyle. He said if Councilmembers go to the race one year, they will see how many grandfathers and grandchildren attend, because it was a family -type of organization. He did a lot of race announcing in California and is always recognized as the one who conducts the races in Palm Desert. Many times when he's confronted, ninety-nine percent of the time it's in a positive way. He reiterated they've been doing this for 31 years in the desert, and they have not raised its dues in those years. He said DCTC was not here to make a grandiose amount of money, and the greatest benefit to the City was to have an event for a fairly decent price with fairly decent coaching. Further responding, he said they had 882 participants last year, and the scholarships are awarded in conjunction with the scholarship evening at Palm Desert High School, which is done in the month of May. Councilmember Harnik said she was familiar with the scholarship ceremony and asked if that was the day recipients received the scholarship funds. MR. WOODRUFF said they wait until enrolled in school so they can spend t scholarship award was increased from done for the past seven years. September when the recipient is ie money on books. He said the $250 to $1,000, which they have Mayor Pro Tern Spiegel moved to, by Minute Motion, approve the 13th Annual "Turkey Trot" 6K Run/Walk on November 24, 2011, including closure of El Paseo as proposed, with a maximum City contribution of $3,000 for required traffic control barriers — funds are available in Account No. 110-4416-414-3062 - City -sponsored Events. Motion was seconded by Kroonen and carried by a 5-0 vote. 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT JUNE 23, 2011 E. REQUEST FOR APPROVAL OF PROPOSAL BY DEKRA-LITE INDUSTRIES, INC., IN THE AMOUNT OF $46,854 TO INSTALL, REMOVE, MAINTAIN, CLEAN, PACKAGE, AND STORE THE CITY OF PALM DESERT'S HOLIDAY LIGHTING AND DECORATIONS PER CONTRACT NO. C28120. Responding to question, Assistant to the City Manager Stephen Y. Aryan confirmed this was the company the City had been using for the past three years; the contract included maintenance, refurbishment, and time spent decorating within the City. Mayor Pro Tern Spiegel moved to, by Minute Motion, approve proposal by Dekra- Lite Industries, Inc., Santa Ana, California, in the amount of $46,854 for the installation, removal, maintenance, cleaning, packaging, and storing of Palm Desert's Holiday Lighting and Decorations perthe subject contract — funds are available in the FY 2011-2012 Budget in Account No. 110-4310-433-3910. Motion was seconded by Kroonen. Mayor Benson stated she recalled the decorations were up awfully early before Thanksgiving last year. She said it would be nice to not pre -rush the season and have them installed closer to Thanksgiving. Mr. Aryan said a representative of Dekra-lite Industries who was present in the audience agreed to install the decorations closer to Thanksgiving. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. F. REQUEST FOR THE REVIEW AND APPROVAL OF OUTSIDE AGENCY FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2011-2012. Councilmember Harnik asked that the Council take two separate votes, taking the Public Elementary, Middle, and High School contributions as a separate action because she would have to recuse herself from voting on them, but would like to make comments on the others. Councilmember recused herself and left the Council Chamber. Mayor Pro Tern Spiegel moved to, by Minute Motion, approve the charitable contributions recommended for the Public Elementary, Middle and High Schools as presented in the total amount of $18,500, with the associated restrictions and conditions, and authorized the Mayor to execute agreements for same. Motion was seconded by Kroonen and carried by a 4-0 vote, with Harnik ABSENT. Councilman Kroonen noted he had addressed the Mayor previously regarding Item 19, the Palm Springs Cultural Center, which he thought would be of interest for others to know what it is. 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 Mayor Benson explained it was the group that provided the Farmer's Market in Palm Springs, La Quinta, and in Palm Desert next to the Chamber of Commerce. Councilmember Harnik commented the Desert Cancer Foundation had an asterisk next to it, which reads, "City policy has been not to fund health organizations that have a national reach such as the American Cancer Society and Desert Cancer Foundation," but the Desert Cancer Foundation was a local agency that provides services for local residents. Mayor Benson stated that in order to include them in this year's budget, funds would have to be reallocated because all the monies have been used up. She agreed to look at it in that regard for next year. Mayor Pro Tern Spiegel moved to, by Minute Motion, approve the charitable contributions recommended for the Non-profit Agencies as presented in the total amount of $227,505, with the associated restrictions and conditions, and authorized the Mayor to execute agreements for same. Motion was seconded by Kroonen and carried by a 5-0 vote. G. INFORMATIONAL REPORT RELATIVE TO THE COST -OF -SERVICES FEE STUDY BASED ON FISCAL YEAR 2009-2010 ACTUAL EXPENDITURES AND REQUEST FOR DIRECTION TO STAFF RELATIVE TO IMPLEMENTATION OF FEE SCHEDULES. Mr. Gibson stated the analysis was complete and was provided to both the Business Industry Association (BIA) and Riverside County Chapter. Staff is waiting for their input, as far as their review, and will probably be coming back in August. This informational report is to inform the Council that it was being sent out. Secondly, the last time this issue was discussed two or three years ago, the Council decided, because of the economic times, to delay implementation of the fee study. It's now three years later, and the City hadn't implemented any fee increases during this period, and the City's fees are getting behind what the actual costs are. Responding to question, he said as soon as the comments from the BIA and Riverside County Chapter are received, they will be forwarded to the City Council. Mayor Pro Tern Spiegel stated he would like to wait until the Council received the input knowing Palm Desert had the lowest fees in the Valley. Councilmember Harnik stated the matrix on the second page of the staff report showed Palm Desert had the lowest fees. She said it would be interesting to know, with the proposed fee increase, where that would place Palm Desert in the study. `E3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 Mr. Gibson said he will ask the Rose Institute of State when they will do their next study. He said doing the study in-house was tough, because each City did it differently on how it implemented different fees. Councilmember Harnik commented she knew other cities were wrestling with this issue as well. With City Council concurrence, received and filed the report and asked staff to provide further information once the responses have been received from the local builders groups. H. REQUEST FOR APPROVAL OF ONE-YEAR CONTRACT EXTENSION WITH FURINO GREENE CREATIVE INC., D.B.A. FG CREATIVE, IN THE AMOUNT OF $210,000 FOR ADVERTISING SERVICES AND EXPENDITURES FOR THE EL PASEO BUSINESS IMPROVEMENT DISTRICT — FISCAL YEAR 2011-2012 (CONTRACT NO. C29212). Economic Development Manager Ruth Ann Moore stated this was the contract for the advertising services for the El Paseo Business Improvement District, which is paid for through the assessment on the businesses; it did not affect the General Fund. There is no increase to the Agency fees within the contract. Further responding, she confirmed the Board voted on this matter last week, and it was approved. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Approve Amendment to the subject contract with FG Creative, Palm Desert, California, in the amount of $210,000 ($42,000 - Agency Services, $168,000 - Advertising/Promotional Expenditures) for FY 2011-2012; 2) authorize the Mayor to execute said Contract Amendment — funds have been included in the Proposed Financial Plan for 2011-2012 - Other Advertising, Account No. 271-4491-464-3215 — this expenditure is not part of the General Fund. Motion was seconded by Harnik and carried by a 5-0 vote. REQUEST FOR APPROVAL OF FUNDS FOR ANNUAL COMPUTER SOFTWARE MAINTENANCE IN THE AMOUNT OF $56,971.26 FOR FISCAL YEAR 2011-2012. Mayor Pro Tern Spiegel asked if this software will give businesses the ability to pay on-line. Information Systems Manager Clayton Von Helf answered no, stating this contract was to help provide the maintenance and to continue with the software for the next fiscal year. During that fiscal year, staff will be looking to migrate to their latest version, which is the ONESolution, and after that is in place and running, the City could possibly have the feature available for businesses to pay on-line. He said staff was working toward that goal. 1W PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 Mayor Pro Tern Spiegel moved to, by Minute Motion, approve payment to SunGard Public Sector in the amount of $56,971.26 to provide computer software maintenance for one year, FY 2011-2012 — funds are available in Account No. 110-4190-415-3360. Motion was seconded by Kroonen and carried by a 5-0 vote. J. REQUEST FOR APPROVAL OF THE ANNUAL BUDGET FOR PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT — FISCAL YEAR 2011-2012. Senior Management Analyst Ryan Stendell noted the staff report, stating this was the annual approval of the Management District Plan for the President's Plaza I area. He offered to answer any questions. Mayor Pro Tern Spiegel asked if there was an increase in cost. Mr. Stendell said the only increase in cost was the built-in increase property owners agreed to when they ballot the original District. Mayor Pro Tern Spiegel moved to waive further reading and adopt: 1) Resolution No. 2011 - 51, approving the President's Plaza I Business Improvement District Annual Budget for FY 2011-2012; 2) Resolution No. 2011 - 52, ordering the levy and collection of assessments for President's Plaza I Business Improvement District for FY 2011-2012. Motion was seconded by Kroonen and carried by a 5-0 vote. K. REQUEST FOR APPROVAL OF SUCCESSOR MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT EMPLOYEES ORGANIZATION (PDEO) AND RELATED ACTIONS THEREFOR. Human Resources Manager Lori Carney noted the staff report and offered to answer any questions. Mayor Pro Tern Spiegel asked if the employees agreed to the proposed Memorandum of Understanding (MOU). Ms. Carney answered yes, stating the employees voted overwhelmingly in favor. Further responding, she said the vote was 49 in favor and 13 against. Mayor Pro Tern Spiegel moved to: 1) By Minute Motion, approve the MOU between the City of Palm Desert and the Palm Desert Employees Organization dated June 23, 2011, and apply the terms and conditions therein to all employees; 2) waive further reading and adopt Resolution No. 2011 - 53, Notice of Intent to Amend the City's Contract with CalPERS to create a second tier of benefits; 3) waive further reading and adopt Resolution No. 2011 - 54, modifying the amount employees contribute to CalPERS. Motion was seconded by Kroonen. 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 Councilman Kroonen stated he's been through many negotiations of this kind in his many years of public service, and from his point of view, this negotiation went smoothly and suspected it was because good people were representing both parties. Therefore, he sent his congratulations to both sides. Ms. Carney said she would relay his comments to the PDEO. L. REQUEST FOR ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY, APPROVING PAYMENT BY THE AGENCY FOR ALL OR A PART OF IMPROVEMENTS TO THE KANSAS STREET RETENTION BASIN PROJECT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro Tem/ Vice Chairman Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 2011 - 55, approving payment by the Palm Desert Redevelopment Agency for all or a part of the cost of the Kansas Street Retention Basin Project; 2) Redevelopment Agency Resolution No. 585, approving payment by the Agency for all or a part of the cost of the Kansas Street Retention Basin Project — funds are available in the Project Area No. 4 Account for this purpose. Motion was seconded by Finerty and carried by a 5-0 vote. M. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN FALCON CREST AND KNOWN AS APN 624-440-019 (74-670 KING FISHER CIRCLE, PALM DESERT) IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Authorize acquisition of the subject property for the purposes of retaining affordability covenants and resale, if necessary, in anticipation of expiration of the 45-day First Right -of -Refusal Period in amount pursuant to the Affordable Agreement (approximately $240,462 [to be increased by reasonable closing costs and commissions]); 2) approve Agency Silent Second and City BEGIN Third Trust Deeds in amounts necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency resale from Housing Set -aside Fund and BEGIN Program monies; 3) authorize the Director of Finance to draw monies from relative funds to facilitate the transaction; 4) authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction — funds are available in Acquisition Rehab and Resale Account No. 870-4492-464-4001, BEGIN Program Fund Account No. 214-4494-464-3901, and Homebuyer Assistance Account No. 870-4699-464-4001. Motion was seconded by Finerty and carried by a 5-0 vote. 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 N. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN FALCON CREST AND KNOWN AS APN 624-431-020 (42-197 VERDIN LANE, PALM DESERT) IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion; 1) Authorize acquisition of the subject property for the purposes of retaining affordability covenants and resale, if necessary, in anticipation of expiration of the 45-day First Right -of -Refusal Period in amount pursuant to the Affordable Agreement (approximately $245,952 [to be increased by reasonable closing costs and commissions]); 2) approve Agency Silent Second and City BEGIN Third Trust Deeds in amounts necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency resale from Housing Set -aside Fund and BEGIN Program monies; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction — funds are available in Acquisition Rehab and Resale Account No. 870-4492-464-4001, BEGIN Program Fund Account No. 214-4494-464-3901, and Homebuyer Assistance Account No. 870-4699-464-4001. Motion was seconded by Finerty and carried by a 5-0 vote. O. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN FALCON CREST AND KNOWN AS APN 624-440-008 (42-218 VERDIN LANE, PALM DESERT) IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Authorize acquisition of the subject property for the purposes of retaining affordability covenants and resale, if necessary, in anticipation of expiration of the 45-day First Right -of -Refusal Period in amount pursuant to the Affordable Agreement (approximately $218,502 [to be increased by reasonable closing costs and commissions]); 2) approve Agency Silent Second and City BEGIN Third Trust Deeds in amounts necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency resale from Housing Set -aside Fund and BEGIN Program monies; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction — funds are available in Acquisition Rehab and Resale Account No. 870-4492-464-4001, BEGIN Program Fund Account No. 214-4494-464-3901, and Homebuyer Assistance Account No. 870-4699-464-4001. 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 Mayor Pro Tem/Vice Chairman Spiegel stated the City had acquired a lot of property in the past couple of months and wondered if any of it was being sold. Ms. Moore answered no, stating staff had conducted an outreach with respect to looking for people that are interested in purchasing a home in Falcon Crest and Desert Rose; however, interest was very limited. In keeping up with what's happening, she just read a synopsis/summary in a Harvard Review that stated people are opting across the country for a rental as opposed to home ownership. She's not sure if people are nervous about prices continuing to go down or just hesitant to where they will end up if they can get work. Mayor Pro Tem/Vice Chairman Spiegel asked if some of the properties can be turned into rentals. Ms. Moore said staff was looking at a number of options that will be brought back as a suggestion to the City Council, one of which might be a lease option program. Staff will be speaking to the homeowners associations of both developments to see if it might be a good solution. Obviously, it's not the City's intent to keep properties vacant, but with little to no interest, it did make it difficult. She said staff notified residents in the City's own complexes and made a tremendous sales pitch to them and did receive quite a few people interested. Staff is also looking at Hovley Gardens. Mayor Pro Tem/Vice Chairman Spiegel requested that at the next July City Council meeting, staff provide the Council with the number of properties owned by the City that are vacant and what was being done to get rid of them. Ms. Moore responded she could certainly inform the Council on the number of properties, but it would be difficult to determine how to get rid of them or how to sell them, because people have so many options right now. She said people are able to go down Valley and buy something for less then what the City had. One suggestion would be to revert back to the original sales prices or look at some option with respect to forgiving some of the loans that might be on these properties. Motion was seconded by Finerty and carried by a 5-0 vote. 23 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING XV. CONTINUED BUSINESS DRAFT JUNE 23, 2011 A. REQUEST FOR APPROVAL OF AN AMENDMENT TO RESOLUTION NO. 91-5, REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING CONDITION REGARDING EXCLUSION OF A SUPERMARKET; ZONING ORDINANCE AMENDMENT TO CHAPTER 25.30 OF THE PALM DESERT MUNICIPAL CODE TO ALLOW SUPERMARKETS NOT EXCEEDING 60,000 GROSS SQUARE FEET AS CONDITIONAL USES IN THE REGIONAL COMMERCIAL PC (3) ZONE; EXTERIOR MODIFICATIONS; AND A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) - FOR A PROJECT LOCATED AT 72-280 HIGHWAY 111, Case Nos. ZOA/CUP 10-228 (KKE Architects, Applicant) (Continued from the meetings of May 12 and May 26, 2011). Councilmember Finerty moved to, by Minute Motion, continue this item to the meeting of July 14, 2011. Motion was seconded by Spiegel and carried by a 5-0 vote. XVI. OLD BUSINESS A. REQUEST FOR RATIFICATION OF CORRECTED AGREEMENTS FOR LANDSCAPE MAINTENANCE AREA NOS. 1, 2, 4, 6, 7, 16, 17, 18, AND 19 (CONTRACT NOS. C30760, C30770, C30630, C30780, C30790, C30810, C30820, C30830, AND C30800, RESPECTIVELY). Councilmember Finerty moved to, by Minute Motion, ratifythe corrected agreements for Landscape Maintenance Area Nos. 1, 2, 4, 6, 7, 16, 17, 18, and 19, as presented. Mayor Pro Tern Spiegel asked what was the mistake. Mr. Greenwood explained the staff report indicated these were two-year contracts. However, the contracts attached to the staff report only showed a term of one-year. Staff just wanted to make it abundantly clear these contracts were for two -years that Council was approving and Council understood that fact. Motion was seconded by Spiegel and carried by a 5-0 vote. 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND ORDER TO LEVY FOR FISCAL YEAR 2011-2012 FOR CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1. Mr. Stendell recommended the City Council open the public hearing and take any required testimony. He said this was the annual proceedings for the levy of the Benefit Assessment District (BAD) No. 1. Further responding, he confirmed this was the same levy as last year. Mayor Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Mayor Pro Tern Spiegel moved to waive further reading and adopt Resolution No. 2011 - 56, approving the Annual Engineer's Report and ordering the levy and collection of assessments within the City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2011-2012, pursuant to provisions of the Benefit Assessment Act of 1982. Motion was seconded by Finerty and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2011-2012. Mr. Stendell stated this was the annual proceedings for the bulk of the City's landscape and lighting districts. He said there is a modest CPI increase of 1.799 percent as the only change over last fiscal year. Mayor Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Councilmember Finerty moved to waive further reading and adopt: 1) Resolution No. 2011 - 57, approving the Final Engineer's Report for the Consolidated Landscaping and Lighting District for Fiscal Year 2011-2012; 2) Resolution No. 2011 - 58, ordering the levy and collection of assessments within the Consolidated Palm Desert Landscaping and Lighting District for Fiscal Year 2011-2012. Motion was seconded by Kroonen and carried by a 5-0 vote. 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 C. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 2011-2012 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Mr. Wohlmuth stated the State Assembly and Senate's version of the budget frighten staff last week, but as of now, the proposed plan is a balanced budget. He said if the State returns and wants to take Redevelopment, staff will bring back any changes in reorganization to this budget for the Council's consideration. However, at this time, the State has not approved the budget nor eliminated Redevelopment. Staff recommended approval of the proposed Financial Plan. Mayor/Chairman Benson declared the public hearing open and invited public testimony on this matter. With no public testimony offered, she declared the public hearing closed. Mayor Pro Tem/Vice Chairman Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 2011 - 59, adopting a City Program and Financial Plan for the Fiscal Year July 1, 2011, through June 30, 2012; 2) City Council Resolution No. 2011 - 60, establishing the Appropriations Limitforthe 2011-2012 Fiscal Year; 3) Redevelopment Agency Resolution No. 586, adopting a Redevelopment Agency Program and Financial Plan for the Fiscal Year July 1, 2011, through June 30, 2012; 4) Housing Authority Resolution No. HA - 44, adopting a Housing Authority Program and Financial Plan for the Fiscal Year July 1, 2011, through June 30, 2012; 5) City Council Resolution No. 2011 - 61, setting the Salary Schedule, Salary Ranges, and Allocated Classifications; by Minute Motion: 6) approve Out -of -State Travel as presented in the accompanying staff report memo; 7) authorize methodology for reimbursement of City Staff for 2011-2012; 8) receive and file Redevelopment Agency Work Program including Agency Goals and Accomplishments for 2011-2012. Motion was seconded by Kroonen. Councilman/Member Kroonen stated he had been through a lot of budget processes in his many years in the public sector, and he's never seen one flow as smoothly and efficiently as this one. He offered this congratulations to the City Manager, staff, and all the parties involved. He said the City's process was exemplary and congratulated his colleagues on the Council who had set the standard for these past many years as well. Mayor/Chairman Benson called for the vote, and the motion carried by a 5-0 vote. Mayor/Chairman Benson thanked Mr. Wohlmuth for his hard work, because the Council knew he was really tight with the money. She said the City has spent less since he's been City Manager, and he did a good job of reining in the cost and still provide all the services given in the past. As noted in this 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 morning's newspaper, the City didn't cut any services this year, and the citizens still have the best quality of life of any city in the Valley. She said the Aquatic Center, which is opening on Saturday, will only add to that statement. She said the Council was proud to be able to live within its means and still have a healthy reserve. She said it has been the City's policy to pay as it went and also save. She thanked staff and employees for their cooperation in making this happen. Mr. Wohlmuth stated he would like to take full credit forthe budget, but it was due to an outstanding team, in particular, Director of Finance Paul Gibson and all the department heads, including the biggest departments, the Sheriff's and Public Works for an outstanding job on the budget. XVIII. REPORTS AND REMARKS A. CITY MANAGER City Manager Meeting Summaries forthe Period of June 1 -14, 2011. Rec: Receive and file. With City Council concurrence, the City Manager Meeting Summaries forthe Period of June 1-14, 2011, were received and filed. 2. CVAG General Assembly, Monday, June 27 — Mr. Wohlmuth commented that the Coachella Valley Association of Governments was holding its General Assembly on Monday, 6:00 p.m. at Mission Lakes Country Club, Desert Hot Springs, and Mayor Benson had signed up to attend. He noted that in orderto approve the budget and any other business, there needed to be a quorum of the General Assembly. If any other Councilmembers wished to attend, he asked that they contact his office; if transportation was required, he would be happy to arrange that as well. Mayor Benson added that prior to the CVAG General Assembly, there was an open house reception at Roy's Desert Resource Center in North Palm Springs for those who wished to see it on their way to Mission Lakes Country Club. B. CITY ATTORNEY None 27 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING C. CITY CLERK DRAFT JUNE 23, 2011 1. Reminder of 2011 Summer Meeting Schedule — Cancelling the Second Meeting in July (July 28) and the First Meeting in August (August 11). Ms. Klassen called attention to the reminder, and Councilmembers so noted. D. PUBLIC SAFETY o Fire Department None o Police Department None Councilmembers welcomed Lt. Shouse back to the City after participating in the 10-week FBI Academy in Quantico, Virginia. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Planning Commission Minutes — Councilman Kroonen was unsure of whether or not the City Council received full sets of minutes from proceedings of the Planning Commission, because what he'd received about various cases was a somewhat sketchy relating of the outcomes. He specifically asked for complete minutes of the June 21 meeting regarding the Rosewood Hotel Project. o City Council Consideration of Travel Requests and Reports: None PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING o City Council Committee Reports: DRAFT JUNE 23, 2011 Illuminated/Neon Signage Subcommittee — Councilmember Harnik reported that she and Councilman Kroonen had now had the opportunity to get together with staff to discuss illuminated signs. She felt they'd made a lot of progress, and they were impressed with the amount of legwork done by staff providing research and developing guidelines to get the discussion started. 2. Coachella Valley Economic Partnership — Councilmember Harnik commented that she and Economic Development Manager Ruth Ann Moore participated in the CVEP Annual Meeting, and a lot of good information was provided there. She was very excited to hear about CVEP's intent to create a real competitive feeling amongst the private sector to get it more engaged in their mission, and she was also pleased to see everything being done for local students. 3. Library Promotion Committee — Mayor Benson remarked that at yesterday's meeting, the Committee received an update on the renovation project. As part of the arrangements in anticipation of the project, the Summer Reading Program is being conducted at Westfield Palm Desert with programs held three days/week, and there's been a lot of good publicity about it. Over 250 children were participating in the first two weeks. Desert Library Zone Manager Barbara Bowie observed that as she walked through the mall after one of the programs, she saw numerous kids and parents carrying bags from the Reading Program, and it had generated a lot of interest in both the mall stores and in the community about what a great venue it was to hold the programs. Secondly, she was pleased to report that after making the suggestion, the County made arrangements with the Sheriff's Department for storage of Palm Desert's Library materials in the vacant portion of the Civic Center Police Substation, now that the main station is located on Gerald Ford Drive. Plans were also in the works to make use of the Bookmobile for public library services during closure of the City Library; the route hasn't been finalized yet. She closed by stating that the remodeling project was now estimated to be about 95 days behind what was tentatively proposed earlier in the year, waiting for State approvals that are slow in coming. Project is now anticipated to begin later in the summer with the Library to reopen in January 2012. However, staff is still trying to do everything it can to expedite commencement of the project. 29 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING o City Council Comments: DRAFT JUNE 23, 2011 CSUSB - Palm Desert — Councilman Kroonen noted that at the Mayor's request, he'd represented City Council at CSUSB-PD's graduation ceremonies, which was a great experience and highlighted by seeing Senior Management Analyst Alana Townsend receive her Master's Degree in Public Administration. Additionally, Alana's daughter Stephanie Townsend was also awarded with her Bachelor of Science in Nursing at the same ceremony. He hoped to ask the Mayor or City Manager to send a letter of congratulations to Alana on her achievement. Mayor Benson noted that the entire City Council congratulated Alana for her accomplishment, as she, too, had seen the article in the newspaper about this success. She added that she'd known Alana since she came to work for the City, and the dedication she'd shown to her profession by continuing in her educational pursuits was to be highly commended. 2. Desert Willow — Mayor Pro Tern Spiegel recalled for his colleagues that Desert Willow was emulating the program initiated in Indian Wells, asking patrons to add $1.00 to their check as a donation to end homelessness. He said Indian Wells began the program in May and represented an excellent start with the collection of $3,500. 3. Signage — Councilmember Finerty commented that she'd had the pleasure of spending the weekend with her mother in Laguna Beach. She noticed that none of the shops along Pacific Coast Highway had neon signage, yet it looked like they were all doing a good business, which was worth noting. o Suggested Items for Future City Council Meeting Agendas Rosewood Hotel Application Consideration — In answer to Mayor Pro Tern Spiegel's request for confirmation of when City Council would be considering the Rosewood project, Mr. Wohlmuth answered that it was tentatively scheduled for July. Mayor Pro Tern Spiegel expressed concern about the timing of this matter when many residents leave town for the summer. 30 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 Ms. Aylaian confirmed that currently, the public hearing is scheduled for the July 14 City Council Meeting. She added that it was something that had been in the works for some time, and both staff and the developer had worked extensively with residents to let them know well in advance of the schedule. Members of the public who were planning to be out of town were encouraged to submit a -mails or letters to the City to make sure their comments were included in the deliberations. Mayor Pro Tern Spiegel noted that in the past, the City tried to make sure large projects were scheduled at such time when most residents were in town. In answer to question about how notification of residents has been conducted to date, Ms. Aylaian said it had been done by both mailers and public meetings: She asked Mr. Erwin about timing requirements at this point in the process now that the matter had been before the Planning Commission (it was not an appeal). Mr. Erwin responded that he thought there was no particular limit, and it could perhaps be scheduled later. Ms. Aylaian pointed out that there were certain time limits having to do with the environmental documents prepared for the case. Further responding, she offered to work with the City Attorney's office to research exact timing. Mr. Erwin advised that the August 25 meeting may be the latest it could be heard, if even that late. Councilmembers discussed amongst themselves what later date may be better, if appropriate — suggesting as late as the second meeting in September or in October Mr. Erwin felt he really needed to research the matter and provide a definitive answer to the City tomorrow. Responding to further comment, Ms. Aylaian said she and the developer had discussed the issue, seasonal residents were typically not back until November, and the developer was not at all comfortable holding off until that time. Mayor Benson offered that in a non -election year, many seasonal residents returned by October, and she felt it was worth investigating. 31 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2011 Councilmember Harnik noted that reopening of the golf courses after re -seeding often dictated when seasonal residents make their return to the desert, and that was often early November. Ms. Aylaian confirmed that staff would thoroughly review the timeliness of the environmental documents and how all interests could be best served. XIX. ADJOURNMENT On a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting at 5:26 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JEAN M. BENSON, MAYOR 32