HomeMy WebLinkAboutPrelim Minutes - City 06/27/2013 DRAFT
X_
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 27, 2013
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Harnik convened the meeting at 3:01 p.m.
II. ROLL CALL
Present:
Mayor Pro Tem Jean M. Benson
Councilman Robert A. Spiegel
Councilman Van G. Tanner
Councilmember Susan Marie Weber
Mayor Jan C. Harnik
Also Present:
John M. Wohlmuth, City Manager
David J. Erwin, City Attorney
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
Martin Alvarez, Director of Economic Development
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
J. Luis Espinoza, Assistant Finance Director
Clayton von Helf, Information Systems Manager
Ryan Stendell, Senior Management Analyst
Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
Upon inquiry by Mayor Harnik, Ms. Klassen affirmed that the agendas for today's
City Council, Successor Agency, and Housing Authority Meetings had all been
posted in accordance with the Ralph M. Brown Act.
III. ORAL COMMUNICATIONS - A(CLOSED SESSION ITEMS)
None
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IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 74719 King Fisher Circle (APN 624-440-027), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Jerry White and Diana M. Corica
Under Negotiation: x Price x Terms of Payment
2) Property: 42148 Verdin Lane (APN 624-440-003), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Justin E. and Patricia Mansker
Under Negotiation: x Price x Terms of Payment
B. Conferencewith Legal Counsel regarding significantexposureto litigation
pursuant to Government Code Section 54956.9(d)(2):
Number of potential cases: 2
With City Council concurrence, Mayor Harnik adjourned the meeting to Closed
Session at 3:02 p.m. She reconvened the meeting at 4:01 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- Councilman Robert A. Spiegel
VII. INVOCATION - Mayor Pro Tem Jean M. Benson
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VIII. ORAL COMMUNICATIONS - B
MR. NEAL VICTOR, Kandinsky Way, Palm Desert, stated that he'd communicated
with City Staff Members Kevin Swartz and Shawn Kilpatrick several times because
of problems in his neighborhood,and they'd been absolutelywonderful to work with,
rating them each a 15 on a scale of 0 - 10. Today he wished to ask Council's
consideration of enacting an ordinance, requiring that at the time homes are being
built in new subdivisions where dumpsters are placed during the project, that those
dumpsters be covered. He said if dumpsters are not covered in this windy area,the
trash blows everywhere — there needs to be an ordinance saying they have to be
covered. He's called the builder about the issue, yet from his yard, you could see
the dumpsters were full of trash; the wind comes up and blows everything out of
them. Additionally, when the workers have their lunch or discard plastic nail bags,
they, too, blow all over the neighborhood. Further, he wanted to call particular
attention to the blowing sand issue near the intersection of Portola Avenue and
Dinah Shore, from Dick Kelly to Gerald Ford Drives, there is a field east of that
location that is particularly prone to blowsand every time the wind comes up. He
said there was no sand fencing or any other type of control. Although he called the
City about the issue, he was informed that there was nothing that could be done.
He added that his HOA(Homeowners Association)just spent$5,000 to clean up the
sand that had been blown in. He sought Council's assistance with this issue, noting
that he was very aware that he lived in the desert and sand was to be dealt with, but
he asked if this particular location could be sprayed or stabilized in some fashion
to lessen the impact.
Mayor Harnik said the City would look into the matter and asked Mr. Victor to leave
his contact information with the City Clerk.
MS.TERRY WOOD, Palm Desert,said she had finro issues to bring before Council.
First, for many years a lot of businesses and residents haven't been able to come
to City Council Meetings. Therefore, she was requesting consideration of holding
meetings at 5:00 p.m., because a lot of people miss out on the goings-on in the
City. Second, she wanted to see something more proactive with Desert Willow Golf
Resort. She proposed developing it as a world-class establishment,acknowledging
that she knew it already was as far as golfing and the Clubhouse. She wanted to
see something like a River Walk installed there — retail stores and restaurants —
funded by either municipal bonds or private investments. She knew there was a
little talk about it, but she wanted to see more meeting of the minds on it.
MS. AMY DOUGLASS, Wisconsin Avenue, Palm Desert, spoke to City Council on
behalf of the Bombshell Bettys,one ofthe Coachella Valley's Roller Derby Leagues.
She said they truly represent the diversity of the Coachella Valley in their
backgrounds and careers—they would like to take their picture of Coachella Valley
women who are athletic, smart, and classy to the larger world through competition
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and outreach. In the early`90s when the Civic Center Park was built, facilities were
included to support basketball, tennis, and volleyball; eventually, the Skateboard
Park was built in 1999 when the need for such a place arose. She said they'd like
to be given the same consideration as all those sports have received. The 2010s
have seen the resurgence of Roller Derby across the nation, and most cities have
been able to embrace this fast-growing sport because of existing skate facilities.
She said the Coachella Valley is sadly lacking in a roller rink, and they asked that
Palm Desert give the Roller Derby team the same respect that it's given to their
primarily male counterparts in the skateboarding world. Currently, she said they
practice outside, and the heat has become an extreme obstacle. The City of
Palm Springs has recently given another Roller Derby League access to the indoor
basketball court at DeMuth Community Center for their practices. The Bombshell
Bettys were hoping that Palm Desert could assist them in finding an indoor space
to practice, like the basketball court inside the YMCA orthe Recreation Center. She
said in the same way that the City allows the YMCA to use the Parks for their
football and soccer programs, they were asking to be granted access to a space
that could accommodate their burgeoning sport. Roller Derby has always been
done on wooden surfaces, which shows that iYs not damaging to the floors;
however, they also have a $300,000 property damage policy to protect their
designees. She said in early February, Senior Management Analyst Ryan Stendell
told KMIR-6 that he was willing to help them find a place to practice; it was hoped
that he and the City were still willing to honor that statement. She added that
Mr. Stendell has been very helpful in starting the process of obtaining reserved time
at University Park, which will legitimize their team, and they won't have to fight for
space. But it doesn't help in the summer; they were all working professionals and
only have late afternoons or evenings to practice. Tonight at their normal practice
time of 7:00 p.m., the temperature will be 104°; and on their other practice day of
Sunday, it will be 111 °, and it's not safe. She said Mr. Stendell has denied their
request to practice inside because of perceived possible damage to the floors at the
Recreation Center. So theywere coming before the City Council in hopes of finding
a way to make this possible or, better yet, perhaps allow them the use of any City-
owned vacant building or warehouse space. However, their biggest dream is to
bring Roller Derby to Palm Desert; a City-owned, indoor roller rink is a dream for the
future and one about which the Bettys will be happy to advise the City. She said
roller skating is an all-ages, fun, inside activity — perFect for the area's scorching
summers. A rink with a home team can be very lucrative through ticket sales and
merchandising. She said Roller Derby was the fastest-growing sport in the world;
modern Roller Derby is not just about hitting one another in funny outfits—they were
all athletes who take it very seriously and hope to compete at state and national
levels, possibly the Olympics. They hoped the City of Palm Desert would share in
their dream of athletic excellence and help them add one more gem to the
Coachella Valley's Crown — a successful Roller Derby League.
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IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARING THE CITY OF
PALM DESERT TO BE A "PURPLE HEART CITY."
On behalf of the City Council, Mayor Harnik presented the proclamation to
Mr. Len Tavernetti, Service Officer, Military Order of the Purple Heart
Chapter 2929.
MR. TAVERNETTI graciously accepted the proclamation, adding that
Palm Desert doesn't really need to have one, because it was already very
well known for recognizing and supporting all its military veterans, especially
those wounded by helping them get jobs, education, and services they need
for medical attention. He said this was particularly true for veterans of the
most recent war with Post-traumatic Stress Disorder and related issues, and
it was nice to every now and then stop and say thank you to the City as well
as to the veterans. He added that a lot of veterans come home with a Purple
Heart Medal, which goes into a shoebox in the closet, and they never talk
about it. His organization would like to see some of them take the shoebox
down, take out the Medal, and talk about their experience; it's inspirational
for the young people and healthy for the veterans.
B. PRESENTATION OF UPDATE ON JOSLYN CENTER BY OUTGOING
PALM DESERT REPRESENTATIVE PAMELA PLICK.
Ms. Plick thanked City Council for allowing her to come forward today to
provide a year-end update. She provided statistics about Joslyn Center's
outreach over the past year as of the period ending May 31.
—27,696 individuals had come through the doors this year.
—1,265 Meals on W heels served,with 910 of them to Palm Desert residents.
— 188 Members served from Penny's Pantry (Joslyn Center Food Bank).
—317 Safety Net Calls to Joslyn Members who don't have immediate family
nearby to check on them periodically.
— 1,841 Memberships currently.
She went on to say that they continue to focus on quality programs and
special events that Joslyn offers. As part of their strategic plan, they want to
add at least one new activity or program per year. Most recently she said,
as also reported in the press, they've added an iPad Class with the support
of a donor—a couple who spends part of their year in Palm Desert and part
in Canada —who underwrote the cost of buying the iPads for the class. It's
been so popular that they've had to establish a waiting list.
Social Services—they've added a new program, "Senior Lunch In and Out,"
a collaboration with Jewish Family Services. She said they encourage their
frail, homebound Meals On Wheels recipients who may not have a caregiver
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to get out of their houses. They started by offering this activity once/month,
now they've added a second day, so it's the 1 St and 3�d Tuesdays each
month. A volunteer driver picks up the Members, brings them to the Center
for lunch and activities, such as movies, or a beauty day for facials and
manicures. They currently have 13 participants in the In and Out Program,
with a goal of increasing it to 150. She added that they were able to initiate
this program through the generosity of the Houston Family Foundation,
which has funded the program for the first year as a reward for the
collaboration between Joslyn and Jewish Family Services. She said they
were looking to expand that collaboration as the Joslyn Center grows,
because they can't depend on just volunteers to provide transportation for
participants, and they're looking at another organization to work with here.
Joslyn Center Board—Ms. Plick said they did some strategic planning at the
beginning of their fiscal year for the period of 2013 - 2015, and they are
currently working through those goals and action items. They've added three
new Board Members, who add value with their specific expertise, and she
said they will continue to expand the Board as they identify qualified
Members to bring on.
Executive Director Search — She said they've successfully completed their
six-month search. They've made an offer that's been accepted by
Lee Vanderbeck, who has over 25 years of non-profit experience, most
recently as Executive Director of the Children's Discovery Museum of the
Desert for 16 years, an excellent candidate with wonderFul skills who starts
on Tuesday, July 2. Ms. Plick said they were very excited about this, and
she expressed special thanks to the Cove Commission,the City Council and
Palm Desert staff, specifically Mr. Wohlmuth, Human Resources Manager
Lori Carney and Human Resources Technician Del Walker for their
invaluable assistance and the City's offer of resources in this process that
made it run smoothly.
Joslyn Center Financial Update for 11 months ending May 31:
— $631,924 Cash Balance.
— $641,980 Assets
— $157,000 Liabilities
Ms. Plick stated this represented a Cash to Total Liabilities ratio of 4, which
is good. She went on to report year to date figures:
— $711,302 Revenue
— $682,706 Expenses
As of May 31, there was a surplus of $28,596, and it is anticipated the
Center will break even or have a slight surplus at fiscal year-end. She said
they'd worked hard to have a conservative budget and make sure they stay
within it. She added that they very much value the support from the City of
Palm Desert as well as their other donors and supporters. On a personal
note, she thanked the City Council of Palm Desert for appointing her to be
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their representative for the last four years, it was an honor to do this for the
City she loved.
Mayor Harnik thanked Ms. Plick for her service, adding that she had
opportunity to attend the Joslyn Center Board Meeting recently and noted
that there were some very engaged Board Members, which was very much
appreciated. She remarked that for everyone's benefit, the Joslyn Center
was a very valuable asset to the Cove Communities' Cities, and she
encouraged all to participate in fund-raising events that support this valuable
resource for the Center's clients.
C. CONSIDERATION OF THE APPOINTMENT OF CITY OF PALM DESERT
REPRESENTATIVE TO THE JOSLYN CENTER BOARD OF DIRECTORS,
PURSUANT TO ARTICLE VI, SECTION 2 OF THE JOSLYN CENTER
BYLAWS.
Councilman Tanner moved to,by Minute Motion,appoint Kathleen Kelly as the Palm
Desert Representative to the Joslyn Center Board of Directors for a two-year term through
June 30, 2015. Motion was seconded by Spiegel and carried by a 5-0 vote.
Mayor Harnik welcomed Ms. Kelly and thanked her for offering to serve.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 13, 2013.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 232, 235, 236, and 239.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Courtyard By
Marriott, 74895 Frank Sinatra Drive, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Real Italian
Deli, 44795 San Pablo Avenue, Suite #1, Palm Desert.
Rec: Receive and file.
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E. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Marketing Committee Meeting of May 21, 2013.
2. Parks & Recreation Commission Meeting of April 2, 2013.
Rec: Receive and file.
F. REQUEST FOR ADOPTION of Resolutions - Setting Forth Findings and
Authorizing the Destruction of Paper Files from the Department of Building&
Safety that Have Been Digitally Imaged (May, June, July, August, and
September 2012 Records).
Rec: Waive further reading and adopt: 1) Resolution No. 2013 - 36 -
May 2012 Records;2)Resolution No. 2013-37-June 2012 Records;
3) Resolution No. 2013 - 38 - July 2012 Records; 4) Resolution
No. 2013 - 39 -August 2012 Records; 5) Resolution No. 2013 - 40 -
September 2012 Records.
G. REQUEST FOR APPROVAL of the Streamlined Use of Vendors for the
Special Programs Department by Granting an Exception to Bidding
Requirements in the Palm Desert Municipal Code Section 3.32.090—Fiscal
Year 2013-2014.
Rec: By Minute Motion: 1)Grant an exception to the bidding requirements,
as provided for by Palm Desert Municipal Code Section 3.32.090, for
Fiscal Year 2013-2014 for the Special Programs Department;
2)approve the Special Programs/Events Vendors List as attached to
the accompanying staff report.
H. REQUEST FOR AUTHORIZATION to Use Named Vendors for Purposes of
Providing Recurring, Routine Services, Supplies, and Maintenance to the
Desert Willow Golf Resort - Fiscal Year 2013-2014.
Rec: By Minute Motion, authorize the use of vendors on the accompanying
staff report's Desert Willow Golf Resort Vendor List for the purposes
of providing recurring, routine services, supplies, and maintenance to
the Desert Willow Golf Resort in an amount not to exceed $25,000
per vendor- Fiscal Year 2013-2014, pursuant to Section 3.32.110 of
the Palm Desert Municipal Code.
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I. REQUEST FOR AUTHORIZATION for Desert Willow Golf Resort to
Reimburse Stand-By Golf for Excess Prepayments on Account for
Wholesale Golf Rounds Contracted for Fiscal Year 2012-2013 in the Amount
of$30,000
Rec: By Minute Motion, authorize: 1) Desert Willow Golf Resort to
reimburse excess prepayments for golf rounds in the amount of
$30,000 for Desert Willow Marketing Contract #DW92512 to
Stand-By Golf, Palm Desert, California; 2) Desert Willow Golf Resort
to credit Stand-By Golf s American Express Credit Card used to make
the initial deposits minus any applicable fees; 3) City of Palm Desert
Finance Directorand the Desert Willow General Managerto authorize
this credit card credit.
J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31040A —
Section 29 Retention Basin Repair Project (Project No. 627-11) (KIP,
Incorporated, Murrieta, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
K. REQUEST FOR APPROVAL of the Future Reimbursement Agreement
Between the Coachella Valley Association of Governments (CVAG) and
City of Palm Desert to Purchase Right-of-Way and Construct the Future
Improvement of Portola Avenue (Contract No. C32930).
Rec: By Minute Motion: 1)Approve the Future Reimbursement Agreement
between CVAG and the City to purchase Right-of-Way and construct
the future improvement of Portola Avenue; 2) authorize the Mayor to
execute said Agreement.
L. REQUEST FOR DECLARATION of Two (2) BMW Police Motorcycles and
One (1) Gateway Television as Surplus Property and Authorize Disposal.
Rec: By Minute Motion, declare the two BMW Police Motorcycles and
Gateway Television, as listed on the accompanying staff report, as
surplus property and authorize their disposal as recommended.
Upon a motion by, Spiegel, second by Benson, and 5-0 vote of the City Council, the
Consent Calendar was approved as presented.
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XI. CONSENT ITEMS HELD OVER
None
XIi. RESOLUTIONS
A. RESOLUTION NO. 2013 - 41 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS
PUBLIC UTILITY EASEMENT ALONG THE COMMON LINE OF LOTS 8
AND 9 OF TRACT NO. 2184 ON FAIRWAY DRIVE, UNDER PROVISIONS
OF DIVISION 9, PART 3, CHAPTER 4 0F THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2013 - 41. Motion was seconded by Tanner and carried by a 5-0 vote.
XIII. ORDINANCES
A. For Introduction:
None
B. For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION FOR STAFF TO ISSUE A REQUEST
FOR PROPOSALS (RFP) FOR AUDIO-VISUAL EQUIPMENT AND
INSTALLATION IN THE PARKVIEW PROFESSIONAL OFFICE COMPLEX
CONFERENCE ROOM NO. 119 (CVAG CONFERENCE ROOM)
(CONTRACT NO. C32940).
Information Systems Manager Clayton Von Helf stated this item is to update
the Audio Visual Equipment in Conference Room 119 at the Parkview Office
Complex, which is used by Coachella Valley Association of Governments
(CVAG). The room was last remodeled in 2005 and is primarily used for
video conferencing for CVAG. He said video conferencing standards have
changed dramatically since 2005, so this item will upgrade and fix some of
the audio problems. At Monday's Executive Committee, CVAG agreed to
pay for half of the costs. He said the City will handle the project, pay for it all,
and then CVAG will reimburse the City for 50% of the cost.
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Councilman Spiegel moved to, by Minute Motion,authorize: 1)Staff to issue an RFP
for the purchase and installation of Audio-Visual Equipment for Parkview Professional
Office Complex Conference Room No. 119 (CVAG Conference Room); 2) City Manager
to execute contract for same in an amount not to exceed $55,000 with the most qualified
bidder for the project — funds are available in Account No. 510-4195-495-3330. Motion
was seconded by Weber and carried by a 5-0 vote.
In response to Mayor Harnik's question, Mr. Von Helf responded CVAG
agreed to pay $25,000. Staff requested $55,000, because it provides for a
10% contingency, but he believed the total cost will come in at about
$50,000.
B. REQUEST FOR AUTHORIZATION TO PURCHASE NEW COMPUTER
WORKSTATION REPLACEMENTS IN AN AMOUNT NOT TO EXCEED
$64,600.
Information Systems Manager Clayton Von Helf stated the City hadn't
replaced computers for almost three fiscal years because of the economic
downturn and uncertainty in staffing, so the purchase of these computers will
help the City catch up.
Mayor Harnik asked if the 35 Gateway computers and non-Dell models
completely antiquated, and where will they go.
Mr.Von Helf responded that those computers not yet completely antiquated,
staff tries to find someone willing to take them as a donation for a nonprofit
or school. However, most of the time, they can be purchased cheap at Best
Buy. Therefore, it didn't pay to take an older piece of equipment to fix it up.
Further responding, he said funds are in the Equipment Replacement Fund
and it's a budgeted item.
Councilman Spiegel moved to, by Minute Motion, approve the purchase of new
computer workstations for an amount not to exceed $64,600 — funds are available in
Account No. 530-4190-415-4040 - Equipment Replacement Fund.
In response to question, Mr. Von Helf said staff took care of wiping the hard
drive clean.
Councilman Tanner seconded the motion, and it carried by a 5-0 vote.
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C. REQUEST FOR APPROVAL OF THE EXPENDITURE OF FUNDS TO
SUNGARD PUBLIC SECTOR FOR ANNUAL COMPUTER SOFTWARE
MAINTENANCE IN THE AMOUNT OF $56,084.09.
Councilman Tanner moved to, by Minute Motion, approve payment to SunGard
Public Sector in the amount of$56,084.09 to provide computer software maintenance for
one year—funds are available in Account No. 110-4190-415-3360.
Responding to question, Mr. Von Helf confirmed this expenditure was in the
budget.
Councilman Spiegel seconded the motion, and it carried by a 5-0 vote.
D. REQUEST FOR AUTHORIZATION FOR THE MAYOR TO EXECUTE THE
FIRST AMENDMENT TO THE NATIONAL POLLUTANTS DISCHARGE
ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
IMPLEMENTATION AGREEMENT (CONTRACT NO. C13361A).
Mr. Greenwood stated all Coachella Valley cities are required to obtain a
permit in order to operate the storm drain system, including Palm Desert.
The City falls under the umbrella of the County Flood Control District(CFCD)
who charges the cities for the cost to manage the system. He said this
Agreement allows CFCD to run the permit, and the City agrees to pay them
for their cost. Responding to question, he confirmed the cost may be up to
$65,000, but only $60,000 was budgeted, which may require a mid-year
adjustment.
Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute
the First Amendment to the NPDES Stormwater Discharge Permit Implementation
Agreement—funds have been included in the Fiscal Year 2013-2014 Budget for the City's
share of this program. Motion was seconded by Tanner and carried by a 5-0 vote.
E. REQUEST FOR AUTHORIZATION TO PURCHASE FERTILIZER
PRODUCTS FROM CROP PRODUCTION SERVICES IN AN AMOUNT
NOT TO EXCEED $216,685.80 FOR THE DESERT WILLOW GOLF
RESORT (CONTRACT NO. C32810, PROJECT NO. 843-14).
Responding to question, Mr.Greenwood said this was a sole source fertilizer.
Councilman Tanner asked if this was the second year this vendor was
providing the fertilizer.
MR. MIKE TELLIER,Superintendent at Desert Willow Golf Resort,confirmed
they went out to bid and this was the same vendor as last year.
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Councilman Tanner moved to, by Minute Motion, authorize: 1) Desert Willow Golf
Resort to purchase fertilizer products from Crop Production Services, San Jacinto,
California, in an amount not to exceed $216,685.80; 2) Mayor to execute the contract—
funds are available in Course and Grounds Expenses Account No. 520-4195-495-8031.
Motion was seconded by Benson and carried by a 5-0 vote.
F. REQUEST FOR APPROVAL OF MODIFIED COURSE, AS DESIGf�ED BY
CITY STAFF FOR ALL 5K RUN/WALKS ON EL PASEO, FOR THE
SECOND ANNUAL MARTHA'S VILLAGE &KITCHEN THANKSGIVING 5K
RUN/WALK.
MS. BLAIR AMIDEI stated last year's event was very successful, making
more than $90,000 for Martha's Village & Kitchen (MV&K). She said she
worked with City staff to coordinate and organize the course used last year,
and because there wasn't a lot of time to discuss different options that might
work out for both parties this year, she requested a continuance of this item
until they can discuss this matter with staff and then re-evaluate.
Mayor Harnik stated the City is trying to come up with a standardized course
that anyone can use, because she considered it an opportunity and
privileged to be able to have a 5K on EI Paseo. She said it was the City's
goal to standardize the course to make it easier for staff and applicants.
Mr. Wohlmuth agreed last year's Thanksgiving 5K Run was a success and
Martha's Village did an excellent job. However, since then, the City has had
the Easter Bunny Hop, and staff has already been notified by a group about
an upcoming proposal for Christmas of this year, but the date was unknown.
Obviously, a Christmas run on EI Paseo concerned staff, so for the Bunny
Hop event, staff tailored the course avoiding Portola Avenue due to Easter
Sunday and the five churches on that street. After using the new design that
didn't cross Portola Avenue, as opposed to Martha's Village design, staff
found it to be a great course and excellent layout. He said the Bunny Hop
course didn't impact south Palm Desert residents, and it was potentially a
layout that reduces traffic control costs and police costs. He said staff is
trying to standardize the course so that City inspectors know exactly where
cones and barricades are placed, as well as police knowing what
intersections to protect. Since EI Paseo has become quite a nice venue for
5K runs, staff believes standardizing it and playing fair with all applicants is
the best for Palm Desert. If Council wished to continue this item, staff will be
happy to meet with Martha's Village representatives and discuss the very
successful layout that was used in Easter and explain why the City preferred
it.
Councilman Spiegel asked Ms. Amidei if they were against the proposed
route.
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MS. AMIDEI responded MV&K spent a lot of time, energy, and money on
certifying last year's course, which meant going through the United States
Track & Field certification process. The process entails someone actually
measuring the course, then having the layout submitted, so that people that
are competitively running can count that time for their national average. The
proposed course is not certified and going through that process was
extremely lengthy. She reiterated they have already invested time and
energy and their course is already certified, which is currently the only
certified course on EI Paseo. She said Martha's Village was actually
approached in 2011 and invited to come over to Palm Desert, but it was too
late in the planning. However, when there was a Request For Proposal by
the City last year, they gladly applied and worked closely with staff in the
beginning to set up that first course. They also had a followup meeting after
the event, just to make sure they didn't impact any City members or
residents on that Thanksgiving Day. Because EI Paseo was closed with only
three or four businesses open on that street, there were one or two people
that couldn't get through San Pablo, but those were the only flags that came
from the Police Department ortraffic control. While she understood the City
wants to have a course that is laid out for every single event, this was a
flagship event for the City, stating every major city in America has a fun run
or a run for the hungry on Thanksgiving morning. She said this event was
the only one in Palm Desert, and it's extremely successful; it's the largest 5K
in the City year-round. She said they hoped to be a little different by offering
their course, in order to bring more people here to the Valley.
Councilman Spiegel asked if the City's proposed course can get certified.
Mr. Wohlmuth answered yes, stating the cost was about $1,400. He
suspected that if the City standardized the course used for the Bunny Hop
and everybody can use it, it was worth the City participating with the
applicant to have it certified. He said with Council's permission, staff would
be happy to assist with the certification both in process and dollars.
Councilman Spiegel asked if Martha's Village would still have a problem if
the course was certified.
MS. AMIDEI responded that having the course certified was not the issue,
the problem is that it's a lengthy process. She said attempting certification
in July to get it done by November, will definitely impact the running of the
event in its entirety. She said if that was something decided for next year,
she was definitely open to that suggestion. However, now in July,was a little
late to start adjusting the course as it's something they have already
advertised.
Councilman Spiegel suggested having this item continued to the meeting of
July 11, 2013, to have the Applicant review staff's proposal.
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Councilman Tanner stated that since this was a qualifying 5K, questioned
what kind of impact would it be to the participants if the course was changed.
MS. AMIDEI stated they would probably lose approximately 500 to 600
participants,which was a substantial amount of moneyforthe nonprofit;they
had about 1,900 participants last year. Responding to question about the
impact of a certified course, she said basically anyone in Southern California
that was not in the San Diego or Los Angeles areas are coming to Palm
Desert. She said they also have participants from out of town that are
coming in for the holidays from New York, Chicago, Florida, etc., to do this
race because of the prestige.
Councilman Tanner stated it would be wise to get a new course certified, but
not for the November Thanksgiving 2013 event. He suggested staying with
the 2013 event as planned, as opposed to altering the course, but have it
certified for 2014. Additionally, because the event benefitted Palm Desert,
the City should participate in some way to help Martha's Village get
re-certified.
Councilmember Weber asked if the Christmas run will also require
certification, because she agreed the City should plan on having it certified.
However, she imagined the information for Martha's Village 5K is out and
runners and walkers know what the course is going to be. Therefore, she
agreed the November 2013 event shouldn't be changed, and apparently it's
low-impacting on Portola Avenue anyway.
Mayor Harnik stated Portola Avenue is closed.
Mr. Wohlmuth explained the City didn't have an application for a Christmas
Run yet, but the individual that helped Martha's Village last year indicated he
would like to have one. Since the City Manager signed off on these permits,
and it requires Council action to close a street, he suggested only bringing
forth those applications, especially at Christmas, that included a route that
didn't close Portola Avenue, whether the applicant obtained certification or
not.
Councilmember Weber agreed the City should plan ahead for getting a
certified course, but agreed with Councilman Tannerthat it shouldn't impact
the November 2013 5K Run. Therefore, she didn't see any reason to table
this matter.
Responding to question about the certification process, Ms.Amidei said one
had to reach out to the U.S. Track & Field Division, then they provide a list
of people in the Southern California area that might be willing to come out
and certify the course. Once a person is narrowed down that is willing to do
it,that person rides/bikes the course seven or eight times,the course is then
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manually marked on the street, and then a map is put together that is
submitted to the National U.S. Track& Field to be approved. The map then
goes through a Board of Approval process to get certified for a 12- or 13-
year time period.
Mayor Harnik stated that as a citizen of Palm Desert and member of the
Council, she is proud to have Martha's Village in Palm Desert as it was so
successful. Compared to other 5K's, she's never seen such revenue
generated,which she was happy to see happen. Given that last yearwas the
first time on EI Paseo, she thought it would be better to make the switch
quickly rather than having the same course finro years in a row. She asked
if staff could assist with the certification process to get it done quickly and
help with the expense as well.
Mr. Wohlmuth answered yes, stating that although he didn't know exactly
what the process entailed, under his signing authority, assisting with the
process to have the course certified and participate financially was certainly
doable.
Mayor Harnik stated the sooner the City had a course that people can count
on, the better it was for the participants. She agreed the Applicant may lose
some participants, but others may be gained, because this event received
tremendous press and positive reaction.
MS. AMIDEI pointed out that if Palm Desert had every single 5K event on EI
Paseo run the same course, which is three or four times a year, the venue
will completely lose its luster.
Mayor Harnik commented everyone thought EI Paseo was quite special.
MS. AMIDEI agreed, but runners and those who do it on a regular basis are
always looking for something a little different. She probably wouldn't have
come to EI Paseo if there hadn't been a serious Request for Proposal and
worked so hard with staff on the original route, because she already had a
certified course in La Quinta. She said she didn't necessarily have a need to
move, because she was already set up. However, they do want to be a little
different and want this to be a flagship event for the City. She would be
more than happy to work with staff to help certify the course and give any
information that's needed. She understood the decision belonged to the
Council, but they would love for the course to remain the same as last year.
Councilman Spiegel asked if staff will know by July's meeting if staff's
proposed course can get certified in time. Mr. Wohlmuth answered yes.
Councilman Spiegel moved to, by Minute Motion, continue this item to the meeting
of July 11, 2013.
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Councilman Tanner said the course that will potentially be certified is going
to be slower because of the turns, which may not attract the class runner, a
5K athlete. He said if the City was considering a signature event for
financial impact, and it opts for the configuration proposed by staff, the City
will not get full participation. He pointed out last year's event didn't have
vehicles going up and down Portola Avenue on Thanksgiving Day. He
wasn't suggesting that it be done for the Bunny Hop or Christmas, because
those are very busy runs, but people that are using this course as a
qualifying race are going to want to be able to get times that are quick
enough to qualify. Therefore, he was against postponing this item, because
he felt this matter needed to be decided today in order to move forward. He
said the Applicant had to get their invitations out outlining the course,and the
people that ran it last year knew how fast it was.
Councilmember Weber agreed this item shouldn't be delayed, and the
course should remain the same. She agreed with the Mayorthat soonerwas
better, but the Council should have known about a change three months ago
to avoid an inconvenience to Martha's Village. She imagined MV&K had
people signed up with paperwork already going. Therefore, she will vote
against continuing this item.
Mayor Harnik seconded the motion, and the motion carried on a 3-2 vote, with
Weber and Tanner voting NO.
Responding to question, Mr. Wohlmuth stated this item will be agendized for
the July 11, 2013, City Council Meeting.
G. REQUEST FOR APPROVAL OF PLAN REVIEW/INSPECTION SERVICE
CONTRACTS WITH SCOTT FAZEKAS & ASSOCIATES, WILLDAN
ENGINEERING, AND CALIFORNIA CODE CHECK, INC., FOR THE
DEPARTMENT OF BUILDING & SAFETY— FISCAL YEAR 2013-2014.
Councilman Spiegel asked if the money was recouped through plan check
fees. Mr. Grance answered yes.
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contracts for
professional services to Scott Fazekas & Associates, Irvine, California (Contract No. C32950A),
Willdan Engineering, San Bernardino, California (Contract No. C329506), and California Code
Check, Inc., Newbury Park, California (Contract No. C32950C), for Building Plan Review and
Inspection Services, FY 2013-2014; 2) authorize the Mayor to execute said contracts with a
commencement date of July 1, 2013, and ending date of June 30, 2014, and in an amount not to
exceed a cumulative total of $40,000 — funds are available in General Fund Account
No. 110-4420-422-3010 as set forth in the FY 2013-2014 Budget. Motion was seconded by Weber
and carried by a 5-0 vote.
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H. REQUEST FOR APPROVAL OF THE ANNUAL BUDGET FOR THE
PRESIDENT'S PLAZA ill PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2013-2014.
Senior Management Analyst Ryan Stendell stated this was the fourth year
of this management district and the only yearly change was the cost of living
increase. This levy will be for President's Plaza III,the area behind California
Pizza Kitchen and in between Carl's Jr. area.
Councilman Spiegel moved to waive further reading and adopt: 1) Resolution
No. 2013 - 42, approving the President's Plaza III Business Improvement District Annual
Budget for FY 2013-2014; 2) Resolution No. 2013 -43, ordering the levy and collection of
assessments for 2013-2014. Motion was seconded by Tanner and carried by a 5-0 vote.
I. REQUEST FOR APPROVAL OF THE"FIRST WEEKEND"CONCEPT AND
APPROPRIATE $15,000 FROM UNOBLIGATED GENERAL FUNDS FOR
MEDIA BUYS FOR THIS PURPOSE.
Economic Development Manager Ruth Ann Moore stated this concept of
"First Weekend" is within the approved Economic Development Strategic
Plan that was approved by Council in January 2013. The concept, as staff
learned from its research,there are a lot of events happening in the City. For
example, the Art Walk on EI Paseo, Concerts at the Gardens, events at the
Museum, Docent Tours, Cruise Night, Corporate Way, etc. Therefore, the
idea of "First Weekend" is to promote as a group everything that is
happening at one time. The concept"First Weekend"will be promoted both
to local residents and hotel visitors through rack cards and local media. This
concept has been reviewed with the Marketing Committee and Arts In Public
Places Committee, and it has received favorable responses from both. The
EI Paseo Business Improvement District and the Museum have both
committed funds to promote their individual events. The McCallum Theater
and The Living Desert are also looking into the concept, because they like
the idea. The City's role is to gather all the information and promote it as an
umbrella of an event. Everybody else would then be responsible for their
individual events. The City is not looking to create a new event but to
package up all the different events and promote them as a group. Staff is
seeking Council approval of the concept"First Weekend" and appropriation
of the funds for the promotion. Responding to question about whether the
funds were in the budget, she said no, which is why staff was asking for
appropriation of the funds.
Councilman Spiegel said it was a good idea and anything that can be done
to get the City out in front of everybody in the Valley was important.
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Councilman Spiegel moved to, by Minute Motion: 1) Approve "First Weekend"
Concept;2)appropriate$15,000 from Unobligated General Funds to Media Buys,Account
� No. 110-4417-414-3221, for this purpose.
Mayor Harnik stated she loved the whole concept, and she had been
watching it develop in the Marketing Committee and heard from the entities
mentioned like The Living Desert, McCallum Theater, Museums and Art
galleries, that they are excited.
Councilmember Weber seconded the motion, and it carried by a 5-0 vote.
J. 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 LINCOLN
ELEMENTARY SCHOOL (CONTRACT NO. C32960).
Mr. Wohlmuth noted Ms. Frankie Riddle was away at a conference, so he
was providing the staff report. He said this MOU was the City's standard
After School Program at Lincoln Elementary, which is in the 2013/2014
budget; the City supports this program with $75,000 and approximately 150
children participate. He said the following item on the agenda is also an
MOU with Palm Desert Charter Middle School.
Councilman Spiegel 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, relative to the After School Program at Lincoln Elementary School—funding in the
amount of $75,000 was included in the FY 2013-2014 Budget for this Program - no
additional impact. Motion was seconded by Tanner.
Mayor Harnik said the City supported schools, education, etc., as was also
demonstrated at the last City Council meeting. She said it was important to
be part of the coalition and collaborative effort to support these programs.
Mayor Harnik called for the vote, and the motion carried by a 5-0 vote.
K. 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. C32970).
Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute
the subject MOU between Desert Sands Unified School District, Palm Desert Charter
Middle School, and the City, relative to the After School Program at Palm Desert Charter
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Middle School — funding in the amount of $75,000 was included in the FY 2013-2014
Budget for this Program - no additional impact. Motion was seconded by Benson and
carried by a 5-0 vote.
L. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS
FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS
PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE
HOUSING COST ASSOCIATED W ITH A DIRECT SALE IN DESERT ROSE
(JOINT CONSIDERATION WITH THE PALM DESERT HOUSING
AUTHORITY).
Management Analyst Jessica Gonzales noted the staff report and offered to
answer any questions.
Councilman/Member Spiegel moved to, by Minute Motion: 1)Approve a silent down
payment assistance loan associated with a direct sale in Desert Rose, not to exceed 40%
of the sales price of the home to ensure an affordable housing cost pursuant to California
Health and Safety Code Section 50052.5, for a qualified low- or moderate-income
household from any available funding source restricted for such purpose (Low and
Moderate Income Housing Asset Fund, BEGIN Fund,and Housing Mitigation); 2)authorize
the use of the Desert Rose Sales Program and documents, including the restrictive
covenant and loan documents for the applicable funding source, and authorize the Mayor
to execute; 3) authorize the Director of Finance to draw monies from the relative funds to
facilitate the transaction; 4) authorize the Authority Chairman and/or the Authority's
Executive Director, or his designee, to finalize and execute any ancillary documents
necessary to effectuate the actions taken herewith — monies are available in the
appropriate account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund,
and Housing Mitigation Fund. Motion was seconded by Benson and carried by a 5-0 vote.
M. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS
FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS
PURPOSE IN AN AMOUNT NECESSARYTO SECURE AN AFFORDABLE
HOUSING COSTASSOCIATED WITH DIRECT SALES IN FALCON CREST
(JOINT CONSIDERATION WITH THE PALM DESERT HOUSING
AUTHORITY).
Councilman/Member Spiegel moved to, by Minute Motion: 1)Approve silent down
payment assistance loans associated with direct sales in Falcon Crest, not to exceed
$80,000 per property in accordance with the Falcon Crest Sales Program and documents,
to ensure an affordable housing cost pursuant to California Health and Safety Code
Section 50052.5, for qualified low- or moderate-income households from any available
funding source restricted for such purpose (Low and Moderate Income Housing Asset
Fund, BEGIN Fund, and Housing Mitigation); 2) authorize the use of the Falcon Crest
Sales Program and documents, including the restrictive covenant and loan documents for
the applicable funding source, and authorize the Mayor to execute; 3) authorize the
Director of Finance to draw monies from the relative funds to facilitate the transaction; 4)
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authorize the Authority Chairman and/orthe Authority's Executive Director,or his designee,
to finalize and execute any ancillary documents necessary to effectuate the actions taken
herewith — monies are available in the appropriate account in the Low and Moderate
Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund. Motion was
seconded by Benson and carried by a 5-0 vote.
N. CONSIDERATION OF REQUEST TO PARTICIPATE IN STATEWIDE
INITIATIVE MEASURE TO RESTORE REDEVELOPMENT.
Mr. Wohlmuth stated the City was approached by two consultants working
on an initiative for the November 2014 ballot to restore Redevelopment in
California; this initiative would have to be approved by the voters. The staff
report identifies the challenges and the participants that have agreed to
participate, most of them being in Orange County. Although it's a good idea,
and it would benefit Palm Desert, staff is not recommending $50,000 to
participate in the program. One, Palm Desert was not the best example for
a participant. Two, the meetings will be in Orange County, and with staff
aggressivelyworkingondissolving Redevelopment, hedidn'tthinktheycould
do both, attend meetings to reestablish and dissolve it. Three, if they are
successful, Palm Desert would benefit, but he wasn't sure Palm Desert's
participation at the table was worth $50,000. The major areas in Palm
Desert that would benefit from the reestablishment of Redevelopment would
be Project Area No. 2, the undeveloped land in the north sphere. He said
there is a whole bunch of questions that are unanswered at this point, like
what is the base line, etc. For this consideration, he would say to support it
in concept but not financially, which is staff's recommendation.
Councilman Spiegel asked if there were any other cities in the Valley
participating.
Mr. Wohlmuth answered not to his knowledge. He said when the
consultants made their trip out to meet with staff, they indicated they had
approached La Quinta, but would not be approaching Indian Wells. All of the
cities that have ponied up money are from the Long Beaches, the Costa
Mesa's, all Orange County cities.
Mayor Harnik agreed it was not a good idea to commit to $50,000, and Palm
Desert's name at the table may not be an asset. However, she certainly
looked forward to a time when Palm Desert can keep more of its tax
increments to spend locally as needed.
Mayor Pro Tem Benson moved to, by Minute Motion,denythe requestto participate
in an effort initiated by former Redevelopment Agencies to reinstate Redevelopment in
California through a Statewide Initiative Measure in the amount of$50,000 and support in
concept at this time. Motion was seconded by Weber and carried by a 5-0 vote.
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XV. CONTINUED BUSINESS
A. REQUEST FOR DIRECTION REGARDING UTILITY UNDERGROUNDING
IN PALM DESERT (Continued from the meetings of December 13, 2012,
and Aprii 25, 2013).
Public Information Officer/Management Analyst Dave Hermann asked for a
continuance until staff meets with Southern California Edison and those
residents who are attempting to form this Utility Underground Assessment
District. The meeting is scheduled for July 11;therefore, staff recommended
continuing this item to the meeting in August.
MS. LESLEY MILLER stated they didn't like the delays, and as far as she
knew, the reason for it, is that a citizen involved requested the Edison
meeting,which she believed was a courtesy on the part of Mr. Hermann and
the City. She said residents are sitting in an extremely hot summer, and
there has been no contest on their point, given there's been a minimum of
four fires created by electric wires,which she had photos. She said Edison
is going around clipping the trees and the tops of some palm trees, which
was unsightly to the environment. The four fires in her immediate
neighborhood required re-landscaping on the part of four different houses,
and one lady is upset because of the pollutants that come from the exploding
transformers. She had her gardener clip everything back as well, because
she's worried. She said this was a safety concern, and almost everything the
Council addresses seemed to be of general discretion with political concern,
as it should be. However, when safety and fire are at issue, and the
residents have done everything possible for the underground district by
obtaining more than 70% of the required signatures, which have been
checked and approved, they are sitting on a dangerous condition. She
questioned how money couldn't be found to go forward, even if it was
provisional. She understood a substantial amount of money is pending until
January, but during this six-month period a small amount of money can be
spent, and it would be mostly on bureaucracy to make sure the correct
number of houses is within the assessment district according to Edison. She
asked why that couldn't be done without any further delay. And if that six-
month period took place between now and January, assuming the funds
become available, everyone will be ready to go. She said a lot of
discretionary funds are being spent. In other words, withing the General
Fund there appears to be categories that are still discretionary, because the
Council has to give subsequent approval. She questioned why this item was
being delayed to August, because August was the one month there wasn't
an Art In Public Places meeting, and she will be out of the State. The lady
who is assisting her will also be away; August was a very inconvenient time.
She didn't know why this couldn't be approved even if was conditional. In
otherwords,go ahead with the Edison meeting,the planning,and verification
of the precise borders that Edison wants to work on the ground, and then the
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principal part, which she understood was a fluctuating percentage, can go
forward in January when the new budget or redevelopment monies come
into play. She is nervous and worried about her safety and neighbors
properties, believing she's done everything possible on her part. She
pointed out that she inquired about this matter to Mr. Wohlmuth in 2011.
She said she was hesitant to mention it, but it was implicit in her comments,
that when substantial money is paid by Edison to settle claims, knowledge
she had, there is always the possibility and likelihood that if there is another
fire, the City will on the defendant side. She apologized for having to
mention it, but it was true, especially with this kind of warning, the potential
for punitive damages, etc., was there. She said no threat intended, but just
a fair, fair, warning with sadness. She provided the City Clerk with
photographs of her garden and neighbor's across the street. She said that
as an attorney herself, there is an equal protection argument. In other
words,what has been provided to others,doing exactly what they have done,
but not provided to her group, was a large argument if it ever hit a court
room.
MS. MERILEE COLTON, Salt Cedar Street, Palm Desert, stated she would
like to speak directly to the motion. The second item of the motion talks
about adding an additional step to the established City process, whereby it
would meet with Southern California Edison first. She supported staff's
recommendation, stating it was exactly the same request made the last time
they met with Council. The reason for the additional step, is that the area
above ground, which she refers to "in fill,' is surrounded by previously
undergrounded areas in a hodgepodge sort of fashion. She said there isn't
one big neighborhood that was built at the same time left. Therefore, it will
be technically more difficult, but not necessarily more expensive. She
supported this additional step as partof anyfuture plan the Council approves
regarding redevelopment.As forthe delay, staff and residents involved were
supposed to meet with Edison on June 18, but that didn't happen because
she was called to Jury Duty. She will be attending the July 11 meeting with
Edison, but won't be available until September. She said many of the folks
that signed her petition won't be in town either, because it's not the season.
She said it was unfortunate that a report couldn't be provided to Council
today to make a determination about what to do next, which is funding an
engineering study.
Councilmember Weber asked for clarification on this matter, because this
was one of the first issues as a newly elected person she faced in
December, but it's been delayed. She understood one of the reasons is that
the City is waiting to hear from the State on whether it has access to the
bond funds.
Mr. Wohlmuth responded that was correct, stating the City had bond funds
programmed for undergrounding districts before Redevelopment was
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dissolved. He said the Council has already made one change to the City's
process, by allowing residents define the district first as opposed predefining
larger districts, which is why staff is adding an additional step to meet with
Edison who will verify the efficiency of the design and costs associated with
it. He said other neighborhoods that want to do undergrounding will get a
reasonable idea of costs and whether iYs the best design for their
district/neighborhood, since it's not predetermine anymore. He said Ms.
Miller indicated the City could take funds from the General Fund, but to give
the Council an idea of the cost for the engineering and design,the City spent
more than $1 million for Palm Desert Country Club. He expected the design
and engineering for the neighborhood of Ms. Colton and Ms. Miller to be in
the hundreds of thousands of dollars. He said the City will need the bond
proceeds to be able to fund the design and engineering of a new district, and
ultimately, the public portion of the underground as well. He as staff,
recommended against using General Fund monies, stating undergrounding
should be funded with bond proceeds. He understood the concern about the
delays, but it was the Governor of California that took Redevelopment funds
from the City.
MS. MILLER said she understood major funding couldn't be available until
January, but questioned why the smaller things couldn't be done in stages,
like the professional services, City engineers, the Edison group, and the
mapping. She heard it was as low as $35,000 to do the preliminary work.
She said in the past money was diverted from Redevelopment from those
safety issues to the golf course. Therefore, she couldn't see how the City
can justify spending on grass seed and fertilizer and not on the safety of its
residents.
Mr. Wohlmuth noted the Budget Plan is on a later item on the agenda,which
is full of priorities. His recommendation is to utilize the bond proceeds for
these undergrounding districts. In his experience with undergrounding,
Edison needs to decide where the transformers go,the size of the wire, their
location, i.e., street, backyard, etc., and the cost for that was not a $35,000
arrangement. He said the cost was in the hundreds of thousands to pay
Edison to engineer a system.
Responding to question about the July meeting, Mr. Hermann explained
staff, Ms. Miller, and Ms. Colton are meeting with Edison on July 11 to
determine if the proposed district is the best deal for the residents and its
feasibility. He said that meeting didn't have anything to do with the financing
or the ability to finance, it had to do with the boundaries of the district and
� whether it will work. It was more about the technical aspects of the district
itself.
Councilman Spiegel said the problem was that with Palm Desert Country
Club, enough residents agreed to have a prognosis of the cost from Edison,
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Time Warner, South West & Bell, and that prognosis cost the City
$1 million+. Then when it came to what it was going to cost the homeowner,
they voted it down. He said $1 million of Redevelopment dollars was spent
on something that didn't come to fruition, because the residents tumed it
down, which is a concem.
Mr.Wohlmuth stated he understood the concern forthe delay, but the design
and engineering of the system had to take place, and it's going to be very
expensive, it was in the hundreds of thousands-plus range. He said the
Council can look at this in terms of finro steps: 1)The design and engineering
that leads to the cost estimate; 2)spreading the cost estimate to the City and
property owners and having it go to a ballot. He agreed the City can move
forward with design and engineering once the bond funds are available.
However, he pointed out it was not just Edison that was involved, there are
other utilities on those poles, so staff will have to work with Time Warner and
Verizon as well. Responding to question about when exactly the bond
proceeds would be available, he said this item will be placed on the
Recognized Obligation Payment Schedule (ROPS) for January 2014.
Mr. Hermann clarified the item will be placed on the ROPS in October, and
funds, as staff understood it, will be available in January 2014.
Councilman Tanner stated there was no way of making any kind of decision
at the July 11th meeting, if the meeting with Edison is on the same day.
Mr. Hermann said this item did not relate to the formation of the district.
Formation of the district will come before the City Council later to proceed
with an engineering study. All that is being asked today is for Council to
endorse the current policy with the change to allow residents to form their
own district and determine which are the most efficient and best boundaries,
. including this additional step to meet with Southern California Edison to
determine if the district will be efficient and that it will work.
Mayor Harnik stated the City was only adding another step to get Edison's
expertise on the feasibility and technical aspects.
Mr. Hermann agreed, stating staff was trying to establish a template that not
only this proposed district can follow, but that others can follow as well.
Mayor Harnik stated she appreciated the work done by Ms. Colton and
Ms. Miller, because many people talked about it, but these two ladies did the
hard work and got the percentage needed to support an undergrounding
district. However, sometimes when you have to vote with your check, the
votes change a little. She asked staff exactly what was being delayed if this
item was continued.
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Mr. Hermann stated staff is recommending a continuance to the first City
Council meeting after it meets with Edison. He said staff will determine if
that meeting with Edison works and whether it should be part of the process
going forward.
Mr. Wohlmuth added that two months ago, the Council continued this item
to this meeting, which requires it be placed on the agenda. An additional
step was added to the process, because it's important to verify the
boundaries. Staff didn't have any more information to offer, other than it will
meet with Edison on July 11. The money to do the design and engineering
will ultimately have to be approved through the Successor Agency and
Oversight Boards and approved through the ROPS, which will not become
available until after January 2014.
Responding to question, Mr. Hermann reiterated staff was only asking the
Council to endorse the current policy, with the additional step, to have the
meeting with Edison. This item did not relate directly to the residents
proposed district. Further responding, he said the meeting with Edison is on
July 11, and staff is asking for a continuance to August 22.
Mr.Wohlmuth stated staff can provide a verbal staff report at the July 11 City
Council meeting.
Councilman Tanner pointed out that by adding this step to the process, it will
hopefully eliminate these waiting issues for other districts going forward. It
was unfortunate for Ms. Colton and Ms. Miller, because they have done a
great job; however, they are the pioneers in this process. He said all those
homes couldn't be undergrounded all at the same time, and probably a good
thing, because Ms. Colton and Ms. Miller were only dealing with 125 homes
as opposed to having to worry about 500 to 600 homes. Knowing that funds
will not be available until after the first of the year, and a continuance is
required in orderto add this additional step, he would move to approve staff's
recommendation for a continuance.
Councilman Tanner moved to, by Minute Motion: 1) Continue consideration of this
item to the regular City Council Meeting of August 22, 2013; 2) direct staff to add an
additional step to the established City process for formation of Utility Undergrounding
Assessment Districts that provides Southern California Edison (SCE)with an opportunity
to evaluate the technical feasibility and economic efficiency of a community-proposed
district prior to a formal engineering study. Motion was seconded by Benson and carried
by a 4-1 vote, with Weber voting NO.
XVI. OLD BUSINESS
None
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XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND
ORDER TO LEVY FOR FISCAL YEAR 2013-2014 FOR THE CITY OF
PALM DESERT BENEFIT ASSESSMENT DISTRICT N0. 1 (Continued from
the meeting of June 13, 2013).
Senior Management Analyst Ryan Stendell stated this was the annual
approval of the Benefit Assessment District No. 1 affecting Section 29.
Mayor Harnik declared the public hearing �en and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, she
declared the public hearing closed.
Councilman Spiegel moved to waive further reading and adopt Resolution
No.2013-44,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 - FY
2013-2014, pursuant to the provisions of the Benefit Assessment Act of 1982.
Responding to question Mr.Stendell confirmed this wasn't anything new,this
District was approved in the mid 2000's and staff just carried the ball forward
every year pursuant to State laws governing benefit assessment districts.
Councilman Tanner seconded the motion, and it 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 2013-2014(Continued from the meeting of June 13, 2013).
Senior Management Analyst Ryan Stendell stated this was City stock of
landscaping and lighting districts. Some of them have been around for a
long time and others fairly recent, but there are about 35 different zones the
City maintains and collects a levy from the property owners. He said this
was the annual approval for that levy.
Mayor Harnik 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.
Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No.
2013 - 45 , approving the Final Engineer's Report for the Consolidated Palm Desert
Landscaping and Lighting District- FY 2013-2014; 2) Resolution No. 2013 - 46, ordering
the levy and collection of assessments within the Consolidated Palm Desert Landscaping
and Lighting District-FY 2013-2014. Motion was seconded by Tanner and carried by a 5-0
vote.
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C. REQUEST FOR APPROVAL OF THE PROPOSED SALE OFTHE
PROPERTIES LOCATED AT 42071 VERDIN LANE (APN 624-431-029),
42253 VERDIN LANE (APN 624-431-016), 74478 FALCON LANE
(APN 624-430-018), AND 74670 KING FISHER CIRCLE
(APN 624-440-019), PALM DESERT, PURSUANT TO HEALTH AND
SAFETY CODE SECTION 33433(c)(JOINT CONSIDERATION WITH THE
PALM DESERT HOUSING AUTHORITY).
Management Analyst Jessica Gonzales stated State law required any
property that is being proposed for sale to be brought before the City Council
as part of a public hearing. The public hearing was noticed for a two-week
period and no comments were received.
Mayor/Chairman Harnik declared the public hearing open and invited public
testimony FAVORING orOPPOSING this matter. With no publictestimonyoffered,
she declared the public hearing closed.
Councilman/Member Spiegel moved to: 1) Waive further reading and adopt
Resolution No. HA-56, approving the sale of the properties pursuant to the attached draft
Purchase and Sale Agreement at the fair market value of$220,000 each; 2) City Council
and Housing Authority Board, by Minute Motion, approve silent homebuyer assistance
loans in amounts that do not exceed $80,000 in total for each homebuyer to ensure an
affordable housing cost for a qualified low- or moderate-income household from any
available funding source restricted for such purpose (BEGIN, Housing Mitigation,
Agency/Housing Authority Program Income); 3)authorize the payment of transaction costs
from the sale proceeds for the purpose of repairs required for closing and fees customary
to real estate transactions in Riverside County, including escrow, title, FHA fees,
inspections,vermin eradication, commissions, and disclosures; 4)authorize the use of the
Falcon Crest Sales Program and documents, including the restrictive covenant and loan
documents for the applicable funding source, in their substantial form; 5) authorize the
Mayor, Authority's Chairman, and/or Authority's Executive Director or his designee to
finalize and execute the Purchase and Sale Agreements and any ancillary documents
necessary to effectuate the sales and actions taken herewith. Motion was seconded by
Tanner and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF THE PROPOSED SALE OFTHE
PROPERTIES LOCATED AT 74642 KING FISHER CIRCLE
(APN 624-440-017) AND 42197 VERDIN LANE (APN 624-431-020),
PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33433(c)(JOINT CONSIDERATION WITH THE PALM DESERT
HOUSING AUTHORITY).
Management Analyst Jessica Gonzales stated the proposed sale was
noticed as a public hearing for a two-week period and no comments were
received.
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Mayor/Chairman Harnik declared the public hearing open and invited public
testimony FAVORING orOPPOSING this matter. With no publictestimonyoffered,
she declared the public hearing closed.
Councilman/Member Spiegel moved to: 1) Waive further reading and adopt
Resolution No. HA-57, approving the sale of the properties pursuant to the attached draft
Purchase and Sale Agreement at the fair market value of$225,000 each; 2) City Council
and Housing Authority Board, by Minute Motion, approve silent homebuyer assistance
loans in amounts that do not exceed $80,000 in total for each homebuyer to ensure an
affordable housing cost for a qualified low- or moderate-income household from any
available funding source restricted for such purpose (BEGIN, Housing Mitigation,
Agency/Housing Authority Program Income);3)authorize the payment of transaction costs
from the sale proceeds for the purpose of repairs required for closing and fees customary
to real estate transactions in Riverside County, including escrow, title, FHA fees,
inspections,vermin eradication, commissions,and disclosures; 4)authorize the use of the
Falcon Crest Sales Program and documents, including the restrictive covenant and loan
documents for the applicable funding source, in their substantial form; 5) authorize the
Mayor, Authority's Chairman, and/or Authority's Executive Director or his designee to
finalize and execute the Purchase and Sale Agreements and any ancillary documents
necessary to effectuate the sales and actions taken herewith. Motion was seconded by
Benson and carried by a 5-0 vote.
E. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND
EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL
YEAR 2013-2014 (JOINT CONSIDERATION WITH THE PALM DESERT
HOUSING AUTHORITY).
Mr. Wohlmuth stated this was the 2013/2014 Fiscal Year Budget Plan,
outlining anticipated Operating expenses to be $46,508,694, General Fund
revenues$46,000,000, and estimated revenues$46,517,500, which leaves
a balance of $9,000 between expenditures and revenues. He said 47% of
the budget is for Police and Fire, which slightly increased every year. The
budget maintained the City's policy of a 1-year reserve, having $62 million
in the account. He believed funds will be added to the General Fund at the
end of this fiscal year with Transient Occupancy Tax(TOT) revenues being
up in April and May 2013. The direction in preparing the budget was to
minimize the impact to Palm Desert's services, minimize the number of taxes
in fee adjustments, and meeting priorities discussed in the study sessions
about maintaining roads and parks, and advertising and promotions to the
standards of Palm Desert. He thanked Assistant Finance Director Luis
Espinoza, since Mr. Gibson was on vacation, and the Finance staff for their
hard work in preparing this budget. He expressed appreciation to all
Department Heads for their part in preparing the budget, which has been
difficult due to downsizing both in operations and employees in the last four
years. He was happy to propose this budget to the City Council, which is
balanced and includes all the City's priorities. He went on to say the
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economy was coming back, so hopefully the City can come out of the cutting
mode and into being able to do exciting things in Palm Desert as it moves
forward.
Councilmember/Member Weber thanked everyone for all their hard work,
because it had been an interesting past year.
Mayor/Chairman Harnik declared the public hearing open and invited public
testimony FAVORING orOPPOSING this matter. With no publictestimonyoffered,
she declared the public hearing closed.
Councilman/Member Tanner moved to: 1) Waive further reading and adopt City
Council Resolution No. 2013 - 47, adopting a City Program and Financial Plan for the
Fiscal Year July 1, 2013, through June 30, 2014; 2)waive further reading and adopt City
Council Resolution No. 2013-48, establishing the Appropriations Limit for the Fiscal Year
2013-2014; 3)waive further reading and adopt Housing Authority Resolution No. HA- 58,
adopting a Housing Authority Program and Financial Plan for the Fiscal Year July 1, 2013,
through June 30, 2014; 4) waive further reading and adopt City Council Resolution
No. 2013 - 49, setting the Salary Schedule, Salary Ranges, and Allocated Classifications
for Fiscal Year 2013-2014; 5) by Minute Motion, approve Out-of-State Travel as listed in
the accompanying staff report memo for same. Motion was seconded by Weber and
carried by a 5-0 vote. Mr. Wohlmuth noted the motion included all the resolutions
attached. Councilman Tanner concurred.
Mayor/Chairman Harnik thanked everyone for their hard work, stating she
knew it was a difficult process,which included three study sessions, and that
was just a small portion of what was done to get this budget in order. She
went on to say it was why Director of Finance Paul Gibson received a
well-deserved award from the Chamber of Commerce for his work on the
budget and dissolution of Redevelopment.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Citx Manaaer Meeting Summaries for the Period June 3-14, 2013.
Mr.Wohlmuth called attention to the report in the packets and offered
to answer questions.
With City Council concurrence, the Meeting Summaries were received and filed.
2. Coachella VallekAssociation of Governments
. Mr. Wohlmuth reported that at CVAGs General Assembly Monday
night this week, Mayor Jan Harnik was appointed Vice Chair of the
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Executive Committee for the coming year. He referred to a memo he
then sent to Councilmembers about the impact this action by CVAG
has on the Council's Committee Assignments made at the end of the
year. He explained that CVAG's Bylaws require appointing a
Chairperson and Vice Chairperson. They rotate the Vice Chair to
Chair, and this year they nominated Mayor Harnik as Vice Chair, as
she's the City of Palm Desert's current Executive Committee
Appointee as its Mayor. He said when the Council performs its
annual Mayoral Rotation at the end of the year, in order for current-
Mayor Harnik to stay as Vice Chair for CVAG for the rest of their year
2013-2014, she will need to be the then-Mayor's nominee. He added
that this will occur again in late June 2014 with CVAG's next General
Assembly, where current-Mayor Harnik will very likely be nominated
to be Chairperson of CVAG and will continue from July 2014 to
June 2015. He wanted to be sure Council was aware how this will
affect Palm Desert with its Mayoral Rotation and CVAG's Bylaws so
that it could be addressed during the annual Council Committee
Assignments later in the year. He and Councilmembers
congratulated Mayor Harnik for her nomination to Vice Chair for
CVAG in the coming year.
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
1. Fire Department
None
2. Police Department
None
E. MAYOR AND MEMBERS OF THE GTY COUNCIL
1. City Council Requests for Action:
None
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2. City Council Consideration of Travel Requests and Reports:
None
3. Cit�Council Committee Reports:
a) SunLine Transit Agency — Councilman Spiegel reported that
beginning in January there will be a route along Fred Waring Drive
from Indio to Palm Desert, which he felt would be a real asset.
Although as an aside, he said there will be some consternation for
SunLine when Palm Desert tears up Highway 111 this summer.
4. City Council Comments:
a) Board of Realtors Presentation — Mayor Harnik noted that today
she, along with Mr. Wohlmuth and Mr. Greenwood, made a
presentation to the Board of Realtors, which was well received. She
thanked Messrs. Wohlmuth and Greenwood foraccompanying herto
the meeting and for their assistance. She added that they once again
reminded everyone that as of July 8 everyone should prepare
themselves for two months of construction along Highway 111. She
said we can't remind people enough that the City would rather have
people bragging about the good condition of its streets rather than
cursing it while sitting in traffic. She encouraged everyone to spread
the word about the upcoming project on Highway 111.
b)Joslyn Center Presentation — Mayor Hamik referred to her earlier
comments following Ms. Plick's report about the Joslyn Center under
Section IX - Item C on today's agenda, that she'd made a
presentation the Center recently.
c)Envision Palm Desert Strateaic Plan—Mayor Harnik noted that the
City had the last meeting of the summer for the Strategic Plan, and
the meetings will continue in September. She added that the process
is really starting to come together, there are a lot of great ideas, with
wonderful community support from the 100+volunteers participating.
5. Suggested Items for Future Ci� Council Meetina Aaendas:
None
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XIX. ADJOURNMENT
With City Council concurrence, Mayor Harnik adjourned the meeting at 5:40 p.m.
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
33