HomeMy WebLinkAboutPreliminary Minutes - City Council - June 28, 2012D RA T -T -- �\)
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 28, 2012
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Spiegel convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilmember Cindy Finerty
Councilmember Jan C. Harnik
Mayor Pro Tern William R. Kroonen
Mayor Robert A. Spiegel
Also Present:
John M. Wohlmuth, City Manager
David J. Erwin, City Attorney
Rachelle D. Klassen, City Clerk
Russell Grance, Director of Building & Safety
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
Tony Bagato, Principal Planner
Neal Stephenson, Fire Specialist, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
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1) Property: Lease Property - Henderson Community Building -
72-559 Highway 111, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Palm Desert Chamber of Commerce
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Mr. Erwin requested the City Council's/Successor Agency Board of Directors'
consideration of adding, by four -fifths vote, an item of Property Negotiation for
Closed Session discussion pursuant to Government Code Section 54956.8
(Subsection A, above):
2) Property: University Property - California State University -
North Sphere, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Martin Alvarez/Stephen Y. Aryan/
City of Palm Desert/Successor Agency to the Palm Desert
Redevelopment Agency
Property Owner: City of Palm Desert/Successor Agency to the
Palm Desert Redevelopment Agency
Under Negotiation: x Price x Terms of Payment
On a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council, the
aforementioned Item No. 2 of Property Negotiation was added to the agenda.
Upon a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council,
Mayor Spiegel adjourned the meeting to Closed Session at 3:02 p.m. He reconvened the
meeting at 4:00 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Mayor Robert A. Spiegel
VII. INVOCATION - Councilmember Jan C. Harnik
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Vill. ORAL COMMUNICATIONS - B
A. PRESENTATION OF ANIMAL ADOPTION FEATURE.
B. GENERAL ORAL COMMUNICATIONS.
None
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 14, 2012.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 277, 281, and 282.
Rec: Approve as presented.
C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of
April 2012 (Joint Consideration with the Successor Agency to the
Palm Desert Redevelopment Agency).
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Blue Orchid
Thai Bistro, 73-030 El Paseo, Suite 102, Palm Desert.
Rec: Receive and file.
E. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Art In Public Places Commission Meeting of April 18, 2012.
2. Audit, Investment & Finance Committee Meeting of April 24, 2012.
3. Marketing Committee Meeting of May 15, 2012.
4. Public Safety Commission Meeting of April 11, 2012.
Rec: Receive and file.
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F. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal — Miscellaneous Computer, Printer, Office, and Electronic
Equipment.
Rec: By Minute Motion, declare items listed on the accompanying staff
report's "Exhibit A" as surplus and authorize disposal as appropriate.
G. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C29780 —
Design Services for the Fred Waring Drive and Monterey Avenue
Improvement Project (Project No. 656-06).
Rec: By Minute Motion, approve Amendment No. 1 in the amount of
$10,520 to the subject contract with Kimley-Horn and Associates,
Riverside, California, for additional design services to complete the
plans, specifications, estimate, bidding, award, and construction
support services for the Fred Waring Drive and Monterey Avenue
Improvement Project — funding is available in Account
No. 213-4383-433-4001 - Fred Waring Drive and Monterey Avenue
Turn Pockets - no General Fund money is being used for this
expenditure.
Upon a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, the
Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
Mayor Spiegel stated that an item had been distributed to the City Council with a
request that it be added to today's agenda having to do with Bids for a Project at the
site of the Palm Springs Art Museum -Palm Desert.
REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS RECEIVED FOR THE
PALM SPRINGS ART MUSEUM -PALM DESERT IMPROVEMENTS PROJECT, TO
RE -ADVERTISE A REVISED NOTICE INVITING BIDS/PROJECT
SPECIFICATIONS, AND TO SANCTION THE CITY MANAGER'S EXECUTION OF
RELATED CONTRACT DOCUMENTS (CONTRACT NO. C31880).
On a motion by Finerty, second by Harnik, and 5-0 vote of the City Council, the
aforementioned Request was added to the agenda, Section XIV - New Business, Item T.
(Please see that portion of the Minutes for resulting discussion and action.)
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XII. RESOLUTIONS
A. RESOLUTION NO. 2012 - 38 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DISCONTINUING THE
PAYMENT AND REPORTING OF THE VALUE OF EMPLOYER -PAID
MEMBER CONTRIBUTIONS (INCREASING EMPLOYEE
CONTRIBUTIONS) TO CALIPERS PENSIONS.
Ms. Carney explained this was the final step in having City employees pay
the full employee rate for their pension contributions.
Mayor Pro Tem Kroonen moved to waive further reading and adopt Resolution
No. 2012 38. Motion was seconded by Finerty and carried by a 5-0 vote.
B. RESOLUTION NO. 2012 - 39 - 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. 91-1 (INDIAN RIDGE) FOR FISCAL YEAR 2012-2013.
Councilmember Finerty moved to waive further reading and adopt Resolution
No. 2012 - 39. Motion was seconded by Kroonen and carried by a 5-0 vote.
C. RESOLUTION NO. 2012 - 40 - 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 2012-2013.
Councilmember Finerty moved to waive further reading and adopt Resolution
No. 2012 - 40. Motion was seconded by Benson and carried by a 5-0 vote.
XIII. ORDINANCES
A. For Introduction:
None
B. For Adoption:
1. ORDINANCE NO. 1240A -AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PALM DESERT
ZONING MAP, CHAPTER 25.04.870 AS DESCRIBED IN EXHIBIT "A,"
ATTACHED (APN 694-310-005), Case No. C/Z 12-76 (City of Palm Desert,
Applicant).
Councilmember Benson moved to waive further reading and adopt Ordinance
No. 1240A. Motion was seconded by Kroonen and carried by a 4-1 vote, with Finerty
voting NO.
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XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION FOR CITY MANAGER TO ASSIGN THE
DIRECTOR OF FINANCE TO FILL THE CITY OF PALM DESERT'S
VACANT SEAT ON THE ENERGY CONSUMERS ADVISORY COMMITTEE
(ECAC) FOR THE IMPERIAL IRRIGATION DISTRICT (IID).
Councilmember Finerty moved to, by Minute Motion, authorize the City Manager to
appoint the Director of Finance to fill the vacant seat on the Energy Consumers Advisory
Committee (ECAC) for the Imperial Irrigation District (IID). Motion was seconded by
Kroonen and carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT,
YMCA OF THE DESERT, AND THE CITY OF PALM DESERT, AS IT
RELATES TO PARTICIPATION IN THE AFTER SCHOOL PROGRAM AT
ABRAHAM LINCOLN ELEMENTARY SCHOOL (CONTRACT NO. C31950).
Mayor Pro Tern Kroonen moved to, by Minute Motion, authorize the Mayor to
execute the subject MOU between Desert Sands Unified School District, YMCA of the
Desert, and the City of Palm Desert, relative to the After School Program at Abraham
Lincoln Elementary School — funding in the amount of $75,000 is included with the FY
2012-2013 Budget for this purpose - there will be no negative impact on the General Fund.
Motion was seconded by Harnik and carried by a 5-0 vote.
C. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT,
PALM DESERT CHARTER MIDDLE SCHOOL, AND THE CITY OF
PALM DESERT, AS IT RELATES TO PARTICIPATION IN THE AFTER
SCHOOL PROGRAM AT PALM DESERT CHARTER MIDDLE SCHOOL
(CONTRACT NO. C31960).
Councilmember Finerty moved to, by Minute Motion, authorize the Mayorto execute
the subject MOU between Desert Sands Unified School District, Palm Desert Charter
Middle School, and the City of Palm Desert, relative to the After School Program at Palm
Desert Charter Middle School — funding in the amount of $75,000 is included with the FY
2012-2013 Budget - there will be no negative impact on the General Fund. Motion was
seconded by Kroonen and carried by a 5-0 vote.
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D. REQUEST FOR AUTHORIZATION TO PURCHASE TWO (2) NEW
2012 BMW R1200 RT-P MOTORCYCLES AND EMERGENCY EQUIPMENT
FROM BMW MOTORCYCLES OF RIVERSIDE IN THE AMOUNT OF
$53,380.42.
Councilmember Finerty moved to, by Minute Motion: 1)Approvethe purchase of two
(2) new 2012 BMW R1200 RT-P Motorcycles and emergency equipment from BMW
Motorcycles of Riverside in the amount of $53,380.42; 2) appropriate $53,380.42 from
Equipment Replacement Fund 530 for said purchase; 3) approve the recommended Palm
Desert Police Department Motorcycle Replacement Schedule as outlined in the
accompanying staff report. Motion was seconded by Kroonen and carried by a 5-0 vote.
E. REQUEST FOR AWARD OF CONTRACT TO JOHN BARAJAS MASONRY
IN AN AMOUNT NOT TO EXCEED $19,378 FOR MAGNESIA FALLS SITE
WALL AND GATE.
Mayor Spiegel commented that after two years of trying to get this wall, he
was thankful it was finally getting done.
Councilmember Finerty moved to, by Minute Motion: 1) Authorize award of the
subject contract to John Barajas Masonry, Bermuda Dunes, California, in the amount of
$19,378 and the Mayor to execute same (Contract No. C31820); 2) authorize the Director
of Finance to set aside the amount of $1,937 as 10% contingency for the project (use of
contingency requires additional action); 3) authorize the Mayor to execute the Right of
Entry and Wall Easement with Palm Desert Mobile Estates for this project (Contract
No. C31820A); 4) appropriate $21,315 from Account No. 400-4626-433-4001 FY 2012-
2013 Budget for the project. Motion was seconded by Kroonen and carried by a 5-0 vote.
Mayor Spiegel explained this project is to build a wall across from the new
Aquatic Center, which will conceal some of those mobile homes.
F. REQUEST FOR AWARD OF CONTRACT TO BEN'S ASPHALT IN THE
AMOUNT OF $82,270 FOR CONSTRUCTION OF THE 2012
CIVIC CENTER PARKING LOT RESURFACING PROJECT (CONTRACT
NO. C31850, PROJECT NO. 750-12).
Responding to question, Mr. Wohlmuth said work on this project will begin
late July.
Councilmember Harnik stated the City only received two bids from vendors
outside the area. She said the Council was considering another item on the
agenda to reject and rebid a project; she wondered if the same can be done
in this case.
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Mr. Greenwood responded they were two different situations, and even if the
City rebid this project, there was no guarantee a local vendor would submit
a bid.
Councilmember Finerty moved to, by Minute Motion: 1) Award the subject contract
for Construction of the 2012 Civic Center Parking Lot Resurfacing Project to Ben's Asphalt,
Santa Ana, California, in the amount of $82,270; 2) authorize the Director of Finance to set
aside a contingency in the amount of $7,796; 3) authorize the Mayor to execute said
contract — funds are available in General Fund Account No. 110-4313-433-3320. Motion
was seconded by Kroonen and carried by a 5-0 vote.
G. CONSIDERATION OF PROPOSAL FOR PUBLIC ART COMPONENT FOR
THE COACHELLA VALLEY WATER DISTRICT (CVWD) LOCATED AT
75-515 HOVLEY LANE, PALM DESERT (Coachella Valley Water District,
Applicant).
Mayor Spiegel asked if all the artwork was indoors.
Public Art Coordinator Deborah L. Schwartz answered yes, stating the art
policy requests that public art be put outside in an exterior location at any
developers project or commercial project. For this project, Coachella Valley
Water District (CVWD) has proposed artwork that would be completely in the
interior of the building in the lobby area. A receptionist there will buzz you
through a door that goes into a larger atrium area where the bulk of the
artwork would be located. The AIPP Commission met at the CVWD to see
the space, did a walk through with the artist, and voted to approve the
project. The City Council is to consider a waiver from the standard
guidelines and policy.
Mayor Pro Tern Kroonen stated this was an issue he was concerned about,
although he would be supporting staff's recommendation. He said the whole
project is a fine display of both artistic and historical things. He was willing
to overlook the fact that there isn't a significant exterior model of some sort
outside that drew people in because of the basic value of the project. He
said the piece was a very interesting assembly of things and urged the
Council to support staffs recommendation.
Mayor Pro Tern Kroonen moved to, by Minute Motion, approve:1) Proposed artwork
by John Fleeman and Thomas McGovern as the public art component for the
Coachella Valley Water District (CVWD) located at 75-515 Hovley Lane, Palm Desert;
2) waiver to the Art In Public Places Program Guidelines to allow for the public art to be
placed in an interior location. Motion was seconded by Finerty and carried by a 5-0 vote.
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H. REQUEST FOR APPROVAL OF ANNUAL BUDGET FOR THE
PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2012-2013.
Mayor Pro Tern Kroonen moved to waive further reading and adopt: 1) Resolution
No. 2012 - 41, approving the President's Plaza I Business Improvement District Annual
Budget for FY 2012-2013; 2) Resolution No. 2012 - 42, ordering the levy and collection of
assessments for FY 2012-2013. Motion was seconded by Finerty and carried by a 5-0
vote.
REQUEST FOR APPROVAL OF ANNUAL BUDGET FOR THE
PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2012-2013.
Councilmember Finerty moved to waive further reading and adopt: 1) Resolution No.
2012 - 43, approving the President's Plaza III Business Improvement District Annual
Budget for FY 2012-2013; 2) Resolution No. 2012 - 44, ordering the levy and collection of
assessments for FY 2012-2013. Motion was seconded by Kroonen and carried by a 5-0
vote.
J. REQUEST FOR AWARD OF CONTRACT TO JNS MEDIA SPECIALISTS
IN AN AMOUNT NOT TO EXCEED $250,000 FOR MEDIA -BUYING
SERVICES - FISCAL YEAR 2012-2013 (CONTRACT NO. C31970).
Tourism & Marketing Manager Donna Gomez stated the City has been
contracting with JNS Media for 1 Y2 years now, and they have been providing
successful media buying services. The City received a lot of added value,
additional exposure through their negotiation process, and with their buying
skills, they are able to coordinate with other local agencies such as CVA and
Palm Springs Tourism. Therefore, staff and the Marketing Committee are
recommending that the Council extend the contract with JNS Media
Specialists.
Councilmember Benson stated she had asked before, that when dealing with
vendors that had acronyms like "JNS," that the agreement include
information about the vendor, and this agreement didn't have it.
Ms. Gomez responded the owners are Judy and Gary Sage, and she offered
to add their names to the contract.
Councilmember Benson said the agreement didn't indicate who the president
of the company was, and she recalled making this same request previously
where the vendor needed to be identified.
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Councilmember Finerty agreed, stating she Googled this company, but was
only able to find them on Facebook. She said it would be helpful to have
more information on the company.
Councilmember Finerty moved to, by Minute Motion: 1) Concur with the
recommendation of the Marketing Committee and award the subject contractto JNS Media
Specialists, La Quinta, California, in an amount not to exceed $250,000 for Media -buying
and Related Services FY 2012-2013; 2) authorize the City Manager to execute the
Media -buying Agreement on behalf of the City — funds are included in the FY 2012-2013
Marketing Budget, Account No. 110-4417-414-3221. Motion was seconded by Kroonen
and carried by a 5-0 vote.
K. REQUEST FOR APPROVAL OF CONTRACT WITH FG CREATIVE, INC.,
IN THE AMOUNT OF $210,000 FOR ADVERTISING SERVICES —
EL PASEO BUSINESS IMPROVEMENT DISTRICT, JULY 2012 -
JUNE 2013 (CONTRACT NO. C31980).
Responding to question, Economic Development Manager Ruth Ann Moore
confirmed the El Paseo Business Improvement District was paying for these
services.
Councilmember Finerty moved to, by Minute Motion: 1) Reject the bid from Cord
Media Company and declare it non -responsive; 2) approve award of the subject contract
with FG Creative, Inc., Palm Desert, California, from July 2012 through June 2013 in the
amount of $210,000 that includes $42,000 for advertising consulting services for the El
Paseo Business Improvement District and a reimbursement in an amount not to exceed
$168,000 for advertising production; 3) authorize the City Manager to finalize and the
Mayor to execute said contract — funds are available in Account No. 271-4491-464-3215.
Motion was seconded by Kroonen and carried by a 5-0 vote.
L. REQUEST FOR APPROVAL OF CONTRACT WITH COUNTY OF
RIVERSIDE COMMUNITY HEALTH AGENCY, DEPARTMENT OF ANIMAL
SERVICES, IN THE AMOUNT OF $433,938 OVER THREE YEARS FOR
ANIMAL CONTROL FIELD SERVICES (CONTRACT NO. C31990).
Councilmember Finerty moved to, by Minute Motion, approve subject contract with
County of Riverside Community Health Agency, Department of Animal Services, for
provision of Animal Control Field Services from July 1, 2012, to June 30, 2015, subject to
termination by either party with 180 days' notice — base contract amount is $144,646 for
each of Fiscal Years 2012-2013, 2013-2014, and 2014-2015 — funds are available in the
proposed 2012-2013 Budget for Professional Services, Account No. 110-4230-442-3090,
and funding for subsequent years will be appropriated with the annual budget, if available.
Motion was seconded by Benson and carried by a 5-0 vote.
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M. REQUEST FOR APPROVAL OF A FUNDING COMMITMENT OF $50,000
TO THE COACHELLA VALLEY ECONOMIC PARTNERSHIP'S 2012-2013
FISCAL BUDGET.
Economic Development Manager Ruth Ann Moore pointed out there was a
correction and an update to the staff report. On the first page under city
participation, the correction is that the City of Cathedral City hasn't approved
their budget, and the update is that Desert Hot Springs approved their
budget and a $50,000 contribution to CVEP.
Councilmember Harnik stated she and Ms. Moore represented the City's in
its investment in CVEP, and it was noteworthy to point out that CVEP
received 60% of their funds from private entities and 40% was public. She
said it was great the City's investment was moving in the right direction and
moving forward. Not mentioned in the staff report is the Teach the Teachers
Program, which is a faculty externship. The program takes an aggressive
approach with the teachers throughout the valley to show them how to bring
back into the classrooms project -based curriculum having to do with energy,
utilities, and STEM (Science, Technology, Engineering, and Math)
requirements that everyone is trying to live up to in the school systems. She
said CVEP had been intermittent throughout the years, but this was the first
time they've moved forward strongly. It was like a tanker in the water that
should be kept moving, because they are doing great things for students and
the workforce.
Councilmember Finerty pointed out that on Page two of the staff report, it
stated, "Currently, CVEP is working with 15 clients for new and expanding
businesses in Palm Desert." She asked staff to elaborate on that bullet
point.
Ms. Moore stated a list was provided to her, which included existing clients
that are considering expansion, but some are new. However, she didn't list
them in the staff report, because some of the information is confidential at
this time.
Councilmember Finerty asked if past clients or past expansions can be
discussed, because she was always looking to measure results that are
specific to Palm Desert.
MR. THOMAS FLAVIN, President & CEO of Coachella Valley Economic
Development, responded there were 15 clients in which some operated
under a non -disclosure arrangement, but they have added jobs and
economic growth. Some are Renova Energy, Pool Fog, Universal Pro, and
Pete Carlson's Golf. He didn't have specific impacts on each of those
clients, because they are rolled up into their regional report, which was just
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updated. He offered to show Councilmember Finerty the fourth-quarter
report, because he had it with him.
Councilmember Finerty stated she would like to see specifics to ensure that
Palm Desert was getting its money worth. She said the City had supported
CVEP over the years in various amounts of money, and on numerous
occasions, requested reports that showed data on the City's investment,
because at this time, she still didn't know.
MR. FLAVIN explained CVEP had two core programs. One is Business
Development, and that is working with business clients, of which some are
confidential. The other program is in the Workforce Excellence area where
scholarships and support is provided to career academies. Just from a
monetary standpoint, in terms of scholarship dollars, $145,000 worth of
scholarships was provided to Palm Desert students in 2011, and from 2009
through 2011, $390,000 was provided in scholarships. He can provide a
break down specifically for Palm Desert businesses; however, it wasn't just
about the number of clients, but also about how many attended their training
sessions. They have a Small Business Development Center, which
conducts training sessions at Westfield Mall. They have the Renewable
Energy Roundtable, which is conducted over at UCR-Palm Desert Campus
on a monthly basis. He said they have energy companies from all over the
region and beyond attending as well. He said within the structure of
confidentially requirements, he would be happy to provide a specific
breakdown for Palm Desert and Palm Desert businesses and what they have
been able to do, in terms of their growth. However, it was important to
realize that CVEP is a regional economic development group and it operates
under the regional hospices of the economic blueprint, which was a regional
focus to grow the job and tax base of the region. Further responding, he said
he could provide a breakdown report to Ms. Moore next week.
Councilmember Harnik stated it was important to recognize this was a
regional effort with all the other cities, and they are all contributing. She said
when one city did well, all cities benefitted.
MR. FLAVIN stated the bottom line was that jobs and tax revenue crossed
jurisdictional boundaries, because CVEP was regional.
Councilmember Harnik moved to, by Minute Motion, approve a funding commitment
of $50,000 to the Coachella Valley Economic Partnership's 2012-2013 fiscal budget —
funds have been included in the proposed Financial Plan for 2012-2013 - Economic
Development Dues, Account No. 110-4430-422-3630. Motion was seconded by Spiegel
and carried by a 4-1 vote, with Finerty voting NO.
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N. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE
2012 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
PALM DESERT ON TUESDAY, NOVEMBER 6.
Mayor Pro Tern Kroonen moved to waive further reading and adopt: 1) Resolution
No. 2012 - 45, calling for the holding of a General Municipal Election to be held on
Tuesday, November 6, 2012, for the election of certain officers as required by the
provisions of the Laws of the State of California and the Charter of the City of Palm Desert;
2) Resolution No. 2012 - 46, requesting the Board of Supervisors of the County of
Riverside to consolidate a General Municipal Election to be held on Tuesday, November
6, 2012, with the Statewide General Election to be held on the date pursuant to § 10403
of the Elections Code; 3) Resolution No. 2012 - 47, adopting regulations for candidates for
elective office pertaining to candidates' statements submitted to the voters at an Election
to be held on Tuesday, November 6, 2012. Motion was seconded by Finerty and carried
by a 5-0 vote.
O. REQUEST FOR AWARD OF CONTRACT TO PTM GENERAL
ENGINEERING SERVICE, INC., IN THE AMOUNT OF $144,944 FOR THE
ACCESSIBLE PEDESTRIAN SIGNAL PROJECT (CONTRACT NO. C31670,
PROJECT NO. 562-12).
Responding to question about the expensiveness of the project,
Mr. Greenwood explained the project requires expensive electronic devices
of which there were a lot of them.
Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Award subject contract for
the Accessible Pedestrian Signal Project to PTM General Engineering Service, Inc.,
Riverside, California, in the amount of $144,944; 2) authorize the Director of Finance to set
aside a 10% contingency for the contract in the amount of $14,494.40; 3) authorize the
Mayorto execute said contract —funds are available in Account Nos. 440-4565-422-4001 -
Capital Project Signalization and 220-4565-422-4001 - Community Development Block
Grant — no General Fund money is being used for this expenditure.
Councilmember Finerty pointed out that $104,000 of it will be funded by
Community Development Block Grant monies.
Councilmember Harnik seconded the motion and it carried by a 5-0 vote.
P. REQUEST FORAPPROVAL OF ACTIONS RELATED TO CONTRACT FOR
LANDSCAPE MAINTENANCE SERVICES - LANDSCAPE MAINTENANCE
AREA NO. 1 (LMA NO. 1) (CONTRACT NO. C31520, PROJECT
NO. 901-12).
Landscape Manager H. Spencer Knight stated this item and the following
three items on the agenda are related to the award of contract to TruGreen
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Landcare. The City was notified that they are not accepting the award, due
to the fact that they underbid. Consequently, staff is asking that the Council
deny the bids and have them rebid. Staff will restructure the contract as a
service contract where it can evaluate criteria rather than just price. He said
the normal capital improvement bid process had proven unworkable;
therefore, staff would like to try a service -based contract. Additionally, during
the interim, award a month -to -month contract to the listed local vendors to
take care of the landscape areas until the contracts can be rebid and
awarded. Responding to question about the timeline, he asked for 120 days,
but hoped to get it back on track in 90 days.
Councilmember Harnik said it was great staff was reviewing this process and
taking the unfortunate event and using it as an opportunity. She recalled this
was the same kind of trouble the City had with another vendor (Merchant).
Councilmember Finerty moved to, by Minute Motion: 1) Accept, with consequences,
TruGreen Landcare's election to not accept award of the subject contract; 2) authorize City
Manager to negotiate with Hortech, Inc., Bermuda Dunes, California, for month -to -month
Landscape Maintenance Services - LMA No. 1 for a period of time not to exceed 120 days
and in an amount not to exceed $8,500 per month; 3) authorize City Manager to negotiate
with Hortech, Inc., for overseeding of turf areas in LMA No. 1 in an amount not to exceed
$4,500; 4) reject all previous bids for LMA No. 1 considered at the May 24, 2012, City
Council Meeting and direct staff to restructure and rebid the existing Landscape
Maintenance Contract — funds are available in General Fund Account
No. 110-4614-453-3370 - Repair/Maintenance Medians and Assessment District Account
No. 276-4374-433-3320 - Haystack Drainage Channel. Motion was seconded by Harnik
and carried by a 5-0 vote.
Q. REQUEST FOR APPROVAL OF ACTIONS RELATED TO CONTRACT FOR
LANDSCAPE MAINTENANCE SERVICES - LANDSCAPE MAINTENANCE
AREA NO. 16 (LMA NO. 16) (CONTRACT NO. C31550, PROJECT
NO. 916-12).
Please see related discussion to this item under Section XIV - New
Business, Item P
Councilmember Finerty moved to, by Minute Motion: 1) Accept, with consequences,
TruGreen Landcare's election to not accept award of the subject contract; 2) authorize City
Managerto negotiate with Vintage Associates, Inc., Bermuda Dunes, California, for month -
to -month Landscape Maintenance Services - LMA No. 16 for a period of time not to exceed
120 days and in an amount not to exceed $18,000 per month; 3) authorize City Manager
to negotiate with Vintage Associates, Inc., for overseeding of turf areas in LMA No. 16 in
an amount not to exceed $5,000; 4) reject all previous bids for LMA No. 16 considered at
the May 24, 2012, City Council Meeting and direct staff to restructure and rebid the existing
Landscape Maintenance Contract — funds are available in General Fund Account
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No. 110-4611-453-3320 - R/M Landscaping Services. Motion was seconded by Kroonen
and carried by a 5-0 vote.
R. REQUEST FOR APPROVAL OF ACTIONS RELATED TO CONTRACT FOR
LANDSCAPE MAINTENANCE SERVICES - LANDSCAPE MAINTENANCE
AREA NO. 17 (LMA NO. 17) (CONTRACT NO. C31560, PROJECT
NO. 917-12).
Please see related discussion to this item under Section XIV - New
Business, Item P
Councilmember Finerty moved to, by Minute Motion: 1)Accept, with consequences,
TruGreen Landcare's election to not accept award of the subject contract; 2) authorize the
City Managerto negotiate with Kirkpatrick Landscaping Services, Inc., Indio, California, for
month -to -month Landscape Maintenance Services - LMA No. 17 for a period of time not
to exceed 120 days and in an amount not to exceed $17,300 per month; 3) authorize the
City Managerto negotiate with Kirkpatrick Landscaping Services, Inc., forthe overseeding
of turf areas in LMA No. 17 in an amount not to exceed $19,740; 4) reject all previous bids
for LMA No. 17 considered at the May 24, 2012, City Council meeting and direct staff to
restructure and rebid the existing Landscape Maintenance Contract — funds are available
in General Fund Account No. 110-4610-453-3320 - R/M Landscape Services, Account
No.110-4611-453-3320 - R/M Landscape Services, and Account No.110-4611-453-3371 -
Tri-Cities Sports Facility. Motion was seconded by Kroonen and carried by a 5-0 vote.
S. REQUEST FORAPPROVAL OF ACTIONS RELATED TO CONTRACT FOR
LANDSCAPE MAINTENANCE SERVICES - LANDSCAPE MAINTENANCE
AREA NO. 18 (LMA NO. 18) (CONTRACT NO. C31570, PROJECT
NO. 918-12).
Please see related discussion to this item under Section XIV - New
Business, Item P
Councilmember Finerty moved to, by Minute Motion:1) Accept, with consequences,
TruGreen Landcare's election to not accept award of the subject contract; 2) authorize City
Manager to negotiate with Hortech, Inc., Bermuda Dunes, California, for month -to -month
Landscape Maintenance Services - LMA No. 18 for a period of time not to exceed 120
days and in an amount not to exceed $6,500 per month; 3) authorize City Manager to
negotiate with Hortech, Inc., for overseeding of turf areas in LMA No. 18 in an amount not
to exceed $2,500; 4) reject all previous bids for LMA No. 18 considered at the May 24,
2012, City Council Meeting and direct staff to restructure and rebid the existing Landscape
Maintenance Contract — funds are available in Account No. 110-4611-453-3320 - R/M
Landscaping Services. Motion was seconded by Kroonen and carried by a 5-0 vote.
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NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY 5-0 VOTE
FOLLOWING CONSIDERATION OF THE CONSENT CALENDAR, SECTION X,
EARLIER AT THIS MEETING.
T. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS RECEIVED FOR
THE PALM SPRINGS ART MUSEUM -PALM DESERT IMPROVEMENTS
PROJECT, TO RE -ADVERTISE A REVISED NOTICE INVITING
BIDS/PROJECT SPECIFICATIONS, AND TO SANCTION THE CITY
MANAGER'S EXECUTION OF RELATED CONTRACT DOCUMENTS
(CONTRACT NO. C31880).
Risk Manager Stephen Y. Aryan stated that under the lease agreement with
the Palm Springs Art Museum, the City is accountable for certain costs
associated with the sculptures located within the Eric Johnson Memorial
Garden; this includes the installation of concrete pads and lighting system.
The project was advertised recently and only one proposal was received with
a base bid amount of $189,000. Receipt of only one bid may have resulted
from the fact that the project involved both privately and publicly awarded
components. There are various alternate items within the bid packet that the
Museum would have been responsible for, and this uncommon circumstance
may have inhibited some firms from bidding the project. Staff recommended
rejecting the sole bid, revise the project specifications to include only the
City's responsibility, and re -advertise the project; staff is optimistic the
quantity of proposals may increase. With this being a time -sensitive project
to the Museum and the Council on a summer hiatus soon, staff recommends
that the City Manager be authorized to enter into a contract agreement with
the lowest qualified bidder in an amount not to exceed $150,000 plus a 10%
contingency. Such action will require $145,000 to be appropriated from the
unobligated General Fund. Responding to question, he said the City is
responsible for these costs under the current lease agreement.
Councilmember Finerty moved to, by Minute Motion: 1) Reject all bids received
associated with the Palm Springs Art Museum -Palm Desert Improvements; 2) authorize
re -advertisement of a revised Notice Inviting Bids and project specifications for subject
project; 3) authorize City Managerto execute any contract documents forthe Palm Springs
Art Museum -Palm Desert Improvements Project in an amount not to exceed $150,000 and
authorize a 10% contingency for same; 4) appropriate $145,000 from the Unobligated
General Fund for the Palm Springs Art Museum -Palm Desert Improvements Project.
Motion was seconded by Kroonen and carried by a 5-0 vote.
XV. CONTINUED BUSINESS
None
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XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF A PARTIAL RELEASE OF RETENTION
BEING HELD FOR CONSTRUCTION OF THE COOK STREET DRAINAGE
PROJECT- CONTRACT NO. C29370C - COOLEY CONSTRUCTION, INC.
(PROJECT NO. 505-03) (JOINT CONSIDERATION WITH THE
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY).
Councilmember/Director Finerty moved to, by Minute Motion, authorize the Director
of Finance to release partial retention in the amount of $128,696.75 to Cooley
Construction, Inc., Hesperia, California, for the subject contract — funds are available in
Account No. 703-0000-206-0000 - Cook Street Drainage Retention - no General Fund
money is being used for this expenditure. Motion was seconded by Kroonen and carried
by a 5-0 vote.
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND
THE ORDER TO LEVY FOR CITY OF PALM DESERT BENEFIT
ASSESSMENT DISTRICT NO. 1 — FISCAL YEAR 2012-2013.
Senior Management Analyst Ryan Stendell stated this and the next two
items are the yearly approval for the Assessment Districts.
Mayor Spiegel declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, he
declared the public hearing closed.
Councilmember Finerty moved to waive further reading and adopt Resolution No.
2012 - 48, approving the Annual Engineer's Report and ordering the levy and collection of
assessments within City of Palm Desert Benefit Assessment District No. 1 for FY 2012-
2013, pursuant to provisions of the Benefit Assessment Act of 1982. Motion was seconded
by Kroonen 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 2012-2013.
Mayor Spiegel declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, he
declared the public hearing closed.
Councilmember Finerty moved to waive further reading and adopt: 1) Resolution No.
2012 - 49, approving the Final Engineer's Report for the Consolidated Palm Desert
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Landscaping and Lighting District - FY 2012-2013; 2) Resolution No. 2012 - 50, ordering
the levy and collection of assessments within Consolidated Palm Desert Landscaping and
Lighting District - FY 2012-2013. Motion was seconded by Kroonen and carried by a 5-0
vote.
C. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND
EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL
YEAR 2012-2013 (JOINT CONSIDERATION WITH THE PALM DESERT
HOUSING AUTHORITY).
Mr. Wohlmuth stated this financial plan was for approval of a $48 million
General Fund Budget.
Mayor/Chairman Spiegel declared the public hearing open and invited public
testimony FAVORING or OPPOSING this matter. With no public testimony offered,
he declared the public hearing closed.
Councilmember/Member Finerty moved to: 1) Waive further reading and adopt
Resolution No. 2012 - 51, adopting a City Program and Financial Plan for the Fiscal
Year July 1, 2012, through June 30, 2013; 2) Waive further reading and adopt Resolution
No. 2012 - 52, establishing the Appropriations Limit for Fiscal Year 2012-2013; 4) Waive
further reading and adopt Resolution No. HA - 45, adopting a Housing Authority Program
and Financial Plan for the Fiscal Year July 1, 2012, through June 30, 2013; 5) Waive
further reading and adopt Resolution No. 2012 - 53, setting the Salary Schedule, Salary
Ranges, and Allocated Classifications for Fiscal Year 2012-2013; 6) By Minute Motion,
approve the Out -of -State Travel Request as presented in the accompanying staff report
memo; 7) With City Council/Housing Authority Board concurrence, recess the Housing
Authority Meeting to close of the City Council Meeting. Motion was seconded by Kroonen
and carried by a 5-0 vote.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of June 6 - 19, 2012.
In response to Councilmember Harnik's question about the meeting with
Joslyn Center Executive Director Mary Lou Suter regarding the ATHENA
Awards event, Mr. Wohlmuth said that staff sat down with the Joslyn
Center to discuss prospects for the ATHENA Awards and if they would
be interested in assuming this event.
Ms. Riddle added that definitely for 2012, City staff had agreed that there
wouldn't be an event. In her conversation with Ms. Suter, it was
determined that Joslyn Center doesn't have the staff at this time to
coordinate such a program, and they also didn't find it to be a good fit
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with their mission of offering programs and services to seniors. Although
maybe at a later date when they have more staff, they could re -look at it.
Mr. Wohlmuth affirmed that there would not be a 2012 ATHENA event,
but plans were to conduct a 2013 event unless the City Council is notified
otherwise of any changes. For the time being, staff would plan to hold
the ATHENA Award event every other year, while continuing
communication with the Cities of Indian Wells and Rancho Mirage in the
interim to possibly find interest in combining a Cove Communities event.
Therefore, with no one currently willing to step forward and take the
ATHENA event, City staff will organize it as it has in the past, just every
other year instead of annually.
Councilmember Harnik noted that one of the things found in talking to
Palm Springs was that they take tremendous pride in and conduct a well -
produced event. She said they recognize women from across the
Coachella Valley, not only Palm Springs, so she suggested reviewing that
idea to see how it might fit with Palm Desert's award.
Ms. Riddle responded thatwhen staff begins planning forthe 2013 event,
it will look at the entire process to see how it may improve upon what's
been done previously.
As Chairman of the Palm Desert ATHENA Award Committee since the
City began conducting the event, Councilmember Benson commented
that Palm Desert was very successful with it each year. She added that
women honorees either worked or resided in Palm Desert. When the
event sought to honor other Valley women, it didn't work and was the
reason Palm Desert took it over. She'd spoken with several Palm Desert
ATHENA Committee Members who've served since the City took it over
from the Chamber of Commerce, and they believe the event should
remain with the City of Palm Desert in order to retain the prestige of both
the award and the event itself, which shouldn't be diminished. She said
Mr. Wohlmuth had guaranteed her that there would be a 2013 ATHENA
Award Program. She was also pleased to see the Joslyn Center wasn't
interested in the event, because it wasn't the correct home for it.
With City Council concurrence, the City Manager's Meeting Summaries were
received and filed.
2. Fiscal Year 2012-2013 Budget
Mr. Wohlmuth extended sincere appreciation to Mr. Gibson and the entire
Finance Department staff, along with former Assistant City Manager for
Redevelopment Justin McCarthy and Redevelopment staff for a great
deal of assistance in preparation of the FY 2012-2013 budget. Again this
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year, staff delivered a balanced budget to City Council in what was a very
tough budget climate — the economic trend being experienced along with
loss of Redevelopment.
3. Palm Desert "Under roq und„
Mr. Wohlmuth reported that a public meeting was conducted yesterday
with the Palm Desert Undergrounding Group. He forwarded a memo to
City Council today summarizing the meeting; there are many issues out
there, and City staff will continue to work with the Group to see where it
goes. Responding to question, he said there were 16-20 interested
community members, six or seven from Southern California Edison, and
four or five City staff participating. He said the purpose of the meeting
was informational, educational, and to gather input from the residents, all
of which he felt was accomplished.
Councilmember Harnik added she attended the meeting and commended
City staff for a great job of keeping the meeting on track and addressing
the issues.
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
1. Fire Department
None
2. Police Department
None
Mayor Spiegel acknowledged Captain Frank Taylor in the audience
today, who formerly served as the City's Assistant Chief of Police. Mayor
Spiegel went on to say that Captain Taylor was getting ready to retire
from the Riverside County Sheriff's Department on July 11 and extended
to him sincere appreciation for his many years of service in public safety,
especially his service to the City of Palm Desert.
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E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. City Council Requests for Action:
a) Coachella Valley Water District Tour — Councilmember Harnik said
she'd spoken with CVWD about arranging a tour there for the City's
Sustainability Committee. She said CVW D was very open to the idea,
and she asked staff to look into it, because she felt it would be
beneficial to that Committee.
Mr. Wohlmuth agreed to look into the request.
2. City Council Consideration of Travel Requests and Reports:
None
3. City Council Committee Reports:
None
4. City Council Comments:
None
5. Suggested Items for Future City Council Meeting Agendas:
None
XIX. ADJOURNMENT
On a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council, Mayor
Spiegel adjourned the meeting at 4:48 p.m.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ROBERT A. SPIEGEL, MAYOR
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