MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MARCH 14, 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 3:00 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 Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff’s Dept. Mary P. LaCross, Administrative Secretary
Upon inquiry by Mayor Harnik, Ms. Klassen affirmed that all of the agendas for today’s City Council, Successor Agency, and Housing Authority Meetings had been posted in accordance with the Ralph M. Brown Act.
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
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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: 74555 Falcon Lane (APN 624-430-009), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Martingale Investments, LLC Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a):
1) Pasternack v. Fagel, Bighorn, and City of Palm Desert, Riverside County Superior Court, Case No. INC 1206949
C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2
D. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager
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 - Taylor Schmidman, Palm Desert Youth Committee Member
VII. INVOCATION - Mayor Jan C. Harnik
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VIII. ORAL COMMUNICATIONS - B
MS. PHYLLIS HARKINS, Missouri Drive, Palm Desert, came forward today on behalf of the Alzheimer’s Association. She extended her personal thanks, as well as those of Southland Directors Susan Galeis (sp?) and Walk Manager Brian Welsh, for Palm Desert’s fabulous Civic Center Park that they were allowed to use again this year for their 14th Annual Walk, adding that it was her 14th Annual Walk too. Their goal was $117,000, they were already at $125,000, and anticipated receiving even more funds. She credited a lot of the success of their Walk to the Civic Center Park that the City takes care of for the public, which was greatly appreciated. She also personally thanked Mayor Harnik for leading off their Walk this year and hoped to see her again next year.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE AARON BONNER FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS LIBRARY PROMOTION COMMITTEE, 2011 - 2012.
Mr. Bonner was unable to be present at today’s meeting for the recognition. His engraved crystal clock will be sent to him separately.
B. PRESENTATION TO RECOGNIZE JOSEF B. JONATHAN FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS RENT REVIEW COMMISSION, 2009 - 2012.
Mr. Jonathan was unable to be present at today’s meeting for the recognition. His engraved crystal clock will be sent to him separately.
C. PRESENTATION OF PROCLAMATION, DECLARING THURSDAY, MARCH 14, 2013, AS “JOE AND ANN DELUCA DAY” IN THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Harnik presented the proclamation to Mr. DeLuca and congratulated him and his wife for their 66 years in business (20 of them on El Paseo), 68 years of marriage, and celebration of his 91st and her 90th birthdays recently.
D. PRESENTATION OF PROCLAMATION, DECLARING APRIL 2013 AS “HUNGER ACTION MONTH” IN THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Harnik presented the proclamation to FIND Chief Executive Officer and President Lisa Houston and Board Member Deborah McGarrey.
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Ms. Houston expressed sincere gratitude for the proclamation and support of their mission. She was pleased to report that all nine Coachella Valley cities had agreed to sign a proclamation, along with the County of Riverside. She said they were very excited about their upcoming telethon on April 5, and they were also getting ready for their big open house on March 27, where all the proclamations will be on display for community members to appreciate and to join hands in the fight against hunger.
E. PRESENTATION BY TAYLOR SCHMIDMAN TO PROVIDE AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES.
Ms. Schmidman reported that their upcoming event was a Blood Drive this Saturday, March 16, from 9:00 a.m. - 1:00 p.m., being held here at City Hall. She said all of the donations will be going to Community Blood Bank and will help many people in need of a blood transfusion. There are still some open spaces for donations on Saturday; anyone interested may contact City Staff Liaison Amy Lawrence for an appointment, and she left fliers about the event in the Council Chamber. Following the Blood Drive, the next event would be held on Saturday, April 27, when the Youth Committee would be hosting a Youth and Senior Technology Day at the Fountains at Carlotta, helping seniors there learn how to use their devices – sending e-mails, text messages, and using the different applications. She went on to say their last event of the year would be a Car Wash Fundraiser, with all proceeds going to Shelter From the Storm to help it place victims of domestic violence in safe and comforting homes.
Mayor Harnik commented that there is a critical shortage of blood in the Coachella Valley currently, and she encouraged anyone who was able to donate do so as a great way to serve their fellow community members. She thanked Ms. Schmidman for the update.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of February 28, 2013.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 163, 168, 172, 173, 175, 176, and 177.
Rec: Approve as presented.
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C. CLAIM AGAINST THE CITY (#716-SUPPLEMENTAL) by Laura Roberts in an Unspecified Amount.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant.
D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of January 2013 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency).
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Piero’s Pizzavino, 73722 El Paseo, Suites 1 & 2, Palm Desert.
Rec: Receive and file.
Received and filed. 4-0-1 (Harnik ABSTAINING)
F. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Art In Public Places Commission Meeting of January 16, 2013. 2. Audit, Investment & Finance Committee Meeting of January 22, 2013. 3. Library Promotion Committee Meeting of March 21, 2012. 4. Marketing Committee Meeting of February 19, 2013. 5. Parks & Recreation Commission Meeting of January 15, 2013. 6. Youth Committee Meeting of February 4, 2013.
Rec: Receive and file.
G. REQUEST FOR APPROVAL of Awarding the Annual Color Plants Bid for Fall 2013 and Spring 2014 to Armstrong Growers in the Amount of $14,067.85 (Project No. 930-13).
Rec: By Minute Motion, award the Annual Color Plants Bid for Fall 2013 and Spring 2014 to Armstrong Growers, Bermuda Dunes, California, in the amount of $14,067.85 – funds are available in General Fund Account Nos. 110-4614-453-3370 - Repair/Maintenance Median and 110-4610-453-3320 - R/M Landscape Services.
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H. REQUEST FOR AUTHORIZATION to Remove Existing Sports Lighting at Oleson Baseball Field in an Amount Not to Exceed $16,000.
Rec: By Minute Motion, authorize removal of sports lighting at Oleson Baseball Field in an amount not to exceed $16,000 – funds are available in Park Fund Account No. 430-4618-454-4001.
I. CONSIDERATION of Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for Three Private Events at the Palm Springs Art Museum-Palm Desert (The Galen) Located at 72567 Highway 111.
Rec: By Minute Motion, approve an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for three (3) private events (as indicated in the accompanying staff report’s attached Temporary Use Permit copy) at the Palm Springs Art Museum-Palm Desert (The Galen) located at 72567 Highway 111.
Mayor Harnik stated for the record that she would be abstaining on the vote for Consent Calendar Item E.
On a motion by Spiegel, second by Tanner, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented, with Mayor Harnik ABSTAINING on Item E.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
A. RESOLUTION NO. 2013 - 14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ITS RESOLUTION NO. 01-110 AND RESTATING ITS POLICY ON THE OFFICE OF MAYOR AND THE OFFICE OF MAYOR PRO-TEMPORE.
Councilman Spiegel stated that when there are two Councilmembers elected at the same time, he has no problem using the highest number of votes as the determining factor for who would be first in line in the Mayor/Mayor Pro Tem Rotation. However, he was troubled over the proposal to change the years of service on Council requirement, preferring that someone still serve at least two years before becoming Mayor, whether or not they’ve served on the Planning Commission, Public Safety Commission, or any other legislative body. He believed Council should hold firm to this practice.
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Mr. Wohlmuth understood that current policy required one year on the Council to be Mayor Pro Tem, two years to be Mayor. This is the first time the policy has required modification because two new Councilmembers were elected. If three new Councilmembers were elected at one time, there might be an issue with not having some other formula besides one and two years of service. Hence, in keeping with Mayor Pro Tem Benson’s suggestion, utilizing someone’s Planning Commission experience to serve as that one- or two-year partial credit.
Councilman Spiegel noted that this was the first time in 35 years that two Councilmembers came on board at the same time. It was not a common occurrence.
Mayor Harnik agreed that it is probably not the first choice of how City Council would want this to take place, but she also foresaw things changing in elections and felt it was a good idea to be prepared for such an occasion. She said the Planning Commission handles many of the same matters as City Council, the meetings are run very similarly, the sorts of forms, and the scrutiny for a Planning Commissioner is very similar to that of a City Councilmember. Though she didn’t see it happening very often, in case it does, the City will be prepared.
In answer to Councilmember Weber’s question about how long someone had to be a Planning Commissioner in order to equal “a term,” Mr. Wohlmuth said by the proposed policy, one term, which is normally four years, equals one year of Council service. Further responding to the question if the Planning Commissioner only served there one year before running and being elected to City Council, Ms. Klassen said it was possible that if someone filled a term vacancy with only one year remaining, that would be their “term.” However, she offered that this could be taken into account by City Council at the time this occurrence presented itself.
Mayor Harnik commented that it was nice to have a protocol in place, while understanding that a certain amount of flexibility will have to be maintained.
Mayor Pro Tem Benson observed that if the City had somebody serving as Mayor Pro Tem with two years of service, that commitment would naturally be honored as it has been in the past. But she felt the City needed a mechanism in place in the event those criteria can’t be met. She didn’t see 30-year Councilmembers being the norm in the future; it’s very unusual in the Coachella Valley currently. She noted that she asked for this agreement and felt it was only fair to be prepared in case the situation arises.
Mayor Pro Tem Benson moved to waive further reading and adopt Resolution No. 2013 - 14. Motion was seconded by Tanner and carried by 4-1 vote, with Spiegel voting NO.
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XIII. ORDINANCES
A. For Introduction:
1. ORDINANCE NO. 1254 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 11.01.010 - PARKS, PROHIBITED CONDUCT GENERALLY - AS RELATED TO FEEDING OF WILD OR DOMESTIC BIRDS AND/OR WATERFOWL IN CITY PARKS.
Mr. Greenwood called attention to the steady increase in number of ducks, coots, and geese in the lagoon at Civic Center Park – most recently being more of an explosion of those numbers – the bird population has increased beyond what the lagoon can sustain. He noted that just this week a number of contractors have been on-site trying to keep the lagoon running. The intakes and pumps are getting clogged with feathers and droppings from the birds, making it a struggle to get water flow to the fountain, waterfalls, and irrigation systems. Beyond that, there was an environmental concern that chemistry of the water could deteriorate to a point that animals would die in the water; this in addition to all the droppings on the sidewalks, which have generated quite a number of complaints recently, along with obvious damage to the surrounding turf. He said it was clear that the population of the birds needed to be controlled; therefore, staff was proposing this relatively modest step to control their feeding. He noted that there were several residents who bring enormous quantities of food to the Park each day; they can be seen in the early morning and evening with multiple 10-pound tubs of food and seed, scattering it on the ground and attracting enormous flocks of birds around them. He thought each of these people probably believe they’re the only one feeding the ducks; whereas, there are probably about five regulars feeding the ducks quite a bit. This has led to an overpopulation, and this first step being proposed is to control the food. Therefore, the plan is to only allow feeding of City-provided food. The City would purchase duck food and provide it in distribution dispensers (like bubble-gum machines). A cup full of food would be dispensed for a quarter. This would still allow feeding of the ducks, albeit just a handful at a time. It was anticipated that over time, the population would thin - the ducks/birds will get hungry and fly away to look for food - and that this first step would be effective and much less radical than what some of the local country clubs are taking to reduce their populations of waterfowl.
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In answer to question about what would happen to people still wanting to bring their own food, Mr. Greenwood said staff would first work with them on a counseling basis. They would let the public know that it is a violation, they can no longer do it; and that instead, they’re free to feed the birds one cupful/handful at a time. Further, they’d be informed that the birds are being taken care of, there is food here, and that they’re wild birds; they know how to take care of themselves. Eventually, it could end up with a citation situation, and if so, would be a $50 fine. He added this would be down the road after a number of warnings were issued. In further response to inquiry about how people would be informed, he said it would be a combination of Citizens on Patrol, the Park Patrol (provided by Desert Recreation District), and the City’s own Code Compliance Department being a last resort for enforcing the rule.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 1254 to second reading. Motion was seconded by Benson.
Upon Councilmember Weber’s inquiry about other agencies who successfully use these types of dispensers and also relaying her concern about potential vandalism, Mr. Greenwood responded that some local restaurants use this type of dispenser at their lagoons, as well as some zoos in Southern California for petting zoo-type situations.
Councilmember Weber pointed out those entities would have more access to observe and supervise the dispensers than the City would. She went on to say she agreed with the idea of educating the public; if they were just told before ever considering fining them for showing up to feed the animals, she hoped it wouldn’t come to that point. She didn’t feel the City should be considering dispensers; she felt education was the better method, by way of the Citizens On Patrol or other people walking around mentioning this prohibition, also signage.
Mr. Greenwood responded at this point, it is not illegal to feed the ducks, so education seems to fall on deaf ears. Upon inquiry, he affirmed that signs would be placed as part of this process. Further responding, he said when the public was asked not to feed the ducks, the requests were usually ignored.
Mayor Harnik appreciated the background provided in the staff report, explaining how many different problems are created, from duckling malnutrition, to problems with migration, and problems in the parks and ponds generally.
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Mayor Harnik called for the vote on the motion to pass Ordinance No. 1254 to second reading, and it carried 4-1, with Weber voting NO.
2. ORDINANCE NO. 1255 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.60.020 OF THE PALM DESERT MUNICIPAL CODE (AMENDING ORDINANCE NO. 875) RELATIVE TO THE PUBLIC SAFETY COMMISSION (MEMBERSHIP).
Mr. Aryan reviewed the proposed Ordinance, which increases size of the Public Safety Commission from five (5) to seven (7) voting members, as requested by City Council.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 1255 to second reading. Motion was seconded by Weber and carried by 5-0 vote.
B. For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR AWARD OF CONTRACT TO AMERICAN ASPHALT SOUTH, INC., IN THE AMOUNT OF $1,092,700 FOR THE 2013 SLURRY SEAL PROJECT AND APPROVAL OF A REIMBURSEMENT AGREEMENT WITH CITY OF INDIAN WELLS FOR SLURRY SEAL OF FRED WARING DRIVE BETWEEN DEEP CANYON ROAD AND WASHINGTON STREET (PROJECT NO. 751-13).
Mr. Greenwood advised that this request represented the City’s annual Slurry Sealing Project. This year it is focused on the area known as Section 29 (north of Gerald Ford Drive between Monterey and Portola Avenues), also the Palm Desert Country Club area, and Fred Waring Drive. Additionally, staff was seeking approval of a Reimbursement Agreement with City of Indian Wells for the Fred Waring Drive portion in their jurisdiction; cost to be divided per the areas over which each city has jurisdiction. He confirmed that the money was budgeted in the current Fiscal Year.
Councilman Spiegel moved to, by Minute Motion: 1) Award contract for Construction of the 2013 Slurry Seal Project to American Asphalt South, Inc., Fontana, California, in the amount of $1,092,700 (Contract No. C32500); 2) authorize the Mayor to execute Contract No. C32500; 3) authorize the Mayor to execute a Reimbursement Agreement with the City of Indian Wells for the Slurry Seal of Fred Waring Drive between Deep Canyon Road and Washington Street (Contract No. C32500A); 4) budget estimated revenue in the amount of $204,600 to the General Fund – funding for this project is available in General Fund Account No. 110-4311-433-3320. Motion was seconded by Weber and carried by 5-0 vote.
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B. REQUEST FOR AWARD OF CONTRACT TO RELIABLE TREE CARE IN THE AMOUNT OF $68,553.90 FOR THE CITYWIDE PALM TREE PRUNING PROGRAM (CONTRACT NO. C32530, PROJECT NO. 931-13) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY).
Councilman/Member Tanner expressed pleasure at staff’s recommending a local contractor and moved to, by Minute Motion: 1) Award subject contract for the Citywide Palm Tree Pruning Program to Reliable Tree Care, Coachella, California, in the total amount of $68,553.90 ($61,736.49 - City and $6,817.41 - Housing Authority); 2) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $6,855.39 ($6,173.65 - City and $681.74 - Housing Authority); 3) authorize the Mayor/Chairman to execute the contract – funds are available for the portion of the contract relative to the City and Assessment Districts in Parks and Recreation Account Nos. 110-4610-453-3320, 110-4611-453-3320, and 110-4611-453-3371, Repair/Maintenance Medians Account No. 110-4614-453-3370, and Assessment District Fund 200 Accounts; and for the Housing Authority, funds are set aside in the 2013-2014 Housing Authority Operating Budget. Motion was seconded by Weber.
Responding to question by Councilman/Member Spiegel, who felt there were residents needing their palm trees trimmed and would pay the City’s contractor to take care of them, about offering services to residents at a nominal price, Landscape Manager H. Spencer Knight said he’d been asked that question before. He wasn’t certain of the exact response, because there were concerns for liability and other issues, but he didn’t think it was a favorable one. He agreed to ask the contractor about their interest in performing such services.
Mr. Erwin added that the subject contract represented services on public rights-of way, and if he understood the question correctly about property owners doing it, he didn’t think it was appropriate. Further responding, he said resident private property owners were free to contact the contractor to make their own deal if desired.
Councilman/Member Tanner noted that in many of the City’s gated communities where HOAs (Homeowners Associations) have the same type of contracts, many of the residents there take action along with the HOA. He said the contractor was already on-site, has their equipment set up, and residents get their own trees done at the same time. He felt it would be up to the resident to make their deal. Councilman/Member Spiegel agreed.
Councilmember/Member Weber commented that perhaps the City could get better bids if a greater number of trees were to be pruned in coordination between the City and private residents.
Mr. Knight explained that from a practical standpoint, the City’s/Housing Authority’s work is generally very concise. Although it covers the entire area
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with a lot of trees in specific locations, moving the contractor’s equipment from one house to another to prune one or two palm trees there is problematic. Secondly, if the palm trees are located in back yards, the contractor has to free-climb the palms at a higher cost; whereas, nearly all the City’s/Authority’s trees can be accessed with lift trucks. He felt this may make a price difference, but upon request, again offered to ask the contractor about his interest in working with residents.
Mayor/Chairman Harnik called for the vote on the motion to approve the contract with Reliable Tree Care, and it carried 5-0.
C. REQUEST FOR AWARD OF CONTRACT TO SIEMENS INDUSTRY, INC., IN THE AMOUNT OF $52,700 FOR THE TRAFFIC SIGNAL L.E.D. INDICATION REPLACEMENT PROJECT (CONTRACT NO. C32630, PROJECT NO. 586-13).
Mr. Greenwood noted that the red, yellow, and green traffic signal indications everyone sees at a signalized intersection are 100% LED bulbs in the City of Palm Desert, as well as in most of California now. Palm Desert was the first Coachella Valley City to go with LED bulbs, and they’ve been in place for over 10 years. Two main advantages: LEDs consume less than 50% of the energy and have about a 10-year life as compared to the 1 -1½-year life on the old incandescent bulbs. This means the City’s enjoyed a great benefit over the last 10 years, but now the bulbs need changing. This project includes replacement at 19 of the intersections where LED bulbs were first installed, and there will be an annual project over the next few years to perform all necessary replacements. He confirmed that money for the project was available in the budget.
Councilman Spiegel moved to, by Minute Motion: 1) Award subject contract for the Traffic Signal L.E.D. Indication Replacement Project to Siemens Industry, Inc., Anaheim, California, in the amount of $52,700; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $5,270; 3) authorize the Mayor to execute said contract – funds are available in the Traffic Signal Reserve Account No. 440-4250-422-4001. Motion was seconded by Benson and carried by 5-0 vote.
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D. REQUEST FOR AUTHORIZATION FOR MAYOR TO EXECUTE THE OPERATION, MAINTENANCE, AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE CITY OF INDIAN WELLS FOR COMMON INFRASTRUCTURE FACILITIES (CONTRACT NO. C32640).
Mr. Greenwood commented that in an effort to be efficient, the City of Palm Desert works with its neighboring agencies to perform common services. In this case with City of Indian Wells, it’s traffic signal and median landscape maintenance. He said there are existing agreements in place; however, they’re outdated. Here the landscape and signal maintenance components are being combined into one comprehensive agreement instead of being two separate agreements. He said it was somewhat of a routine matter to update existing agreements and also to include new areas that have been built and added over the years. Upon inquiry, he responded that City of Indian Wells was in agreement with the proposed contract.
Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute the subject Operation, Maintenance, and Reimbursement Agreement between the City of Palm Desert and the City of Indian Wells for common infrastructure facilities. Motion was seconded by Weber and carried by 5-0 vote.
E. REQUEST FOR APPROVAL OF THE FIRST ANNUAL SPRING (2013) CONCERT SERIES.
Ms. Riddle stated that, generally, the City conducted a Summer Concert Series; but before starting to plan this year, residents were surveyed for their preferences. She’d previously provided these results to Councilmembers, which reflected that many residents preferred to have concerts in the spring and in the fall (both), with favorite months being May and October. With that in mind, staff was moving the concerts to May; there are five Thursdays in May, with four concerts planned starting the second week in May. It should be somewhat cooler then than in June, there will be a few weeks in between, and the series will end with the July 4th event (next item on this agenda). In answer to question why this concert series didn’t include College of the Desert, Palm Desert Charter Middle School, or Palm Desert High School Bands, she said she’d tried to work with them previously, but they were non- responsive. Therefore, she didn’t even try contacting them this year.
Councilman Spiegel moved to, by Minute Motion: 1) Approve the 2013 Spring Concert Series schedule; 2) approve Contract No. C32650A with Bobby Sanchez Combo (Oldies) in the amount of $1,200; 3) approve Contract No. C32650B with Jasmine Fields (New Country) in the amount of $1,200; 4) approve Contract No. C32650C with L.A.vation (U2 Tribute/Rock) in the amount of $1,800; 5) approve partnership with Family YMCA of the Desert for performance by Upstream (performances include Calypso Music, Dancing,
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Fire Eating-Breathing, Limbo, etc.); 6) approve expenditure with Studio Instrument Rentals (SIR), Palm Springs, California, for concert professional staff, instrumental equipment, sound, and/or lighting in conjunction with the concerts; 7) authorize the Mayor to execute the aforementioned contracts – funds are available in Account No. 110-4416-414-3061 for the series. Motion was seconded by Tanner and carried by 5-0 vote.
F. REQUEST FOR APPROVAL OF PERFORMING ARTS CONTRACT AND PYRO SPECTACULARS FIREWORKS DISPLAY CONTRACT IN CONJUNCTION WITH PALM DESERT’S 2013 INDEPENDENCE DAY CELEBRATION.
Ms. Riddle noted that this request represented production of the City’s Annual July 4th Event, with the same band as last year, Swing Cats, and the same Pyro Spectaculars contract as last year – no increase in costs. Responding to question, she said donations are being requested from the Cities of Rancho Mirage and Indian Wells, and it appears they will contribute the same as they have in previous years ($7,500 from Rancho Mirage, $2,500 from Indian Wells).
Councilman Spiegel moved to, by Minute Motion: 1) Approve Contract No. C32660A with Pyro Spectaculars by Souza in the amount of $36,000 for professional staff and pyrotechnic supplies and services for Palm Desert’s 2013 Independence Day Celebration; 2) approve Contract No. C32660B with Swing Cats Big Band in the amount of $3,650 to provide instrumental and vocal entertainment for Palm Desert’s 2013 Independence Day Celebration; 3) approve expenditure with Studio Instrument Rentals, Palm Springs, California, for concert professional staff, instrumental equipment, sound, and/or lighting in conjunction with the concert; 4) pre-approve line item in FY 2013-2014 Budget for this event; 5) authorize the Mayor to execute the aforementioned contracts – funds are available in Account No. 110-4416-414-3061 for this event. Motion was seconded by Benson and carried by 5-0 vote.
G. REQUEST FOR AUTHORIZATION TO EXTEND SUSPENSION OF PALM DESERT MUNICIPAL CODE CHAPTER 25.58 - SIGNS, SECTIONS 25.68.090 (A) AND (M) - TEMPORARY SIGNS - UNTIL SEPTEMBER 3, 2013 (DAY AFTER LABOR DAY), TO ALLOW COMMUNITY HOME BUILDERS TEMPORARY SIGNAGE RELIEF DURING WEEKENDS STARTING FRIDAYS AT 3:00 P.M. AND ENDING MONDAYS AT 10:00 A.M.
Assistant Planner Kevin Swartz explained that community home builders are requesting continuance of the Temporary Signage Relief Program during weekends, starting Fridays at 3:00 p.m. and ending Mondays at 10:00 a.m. The Temporary Program will last until September 3, 2013, and signage will be the same as previously approved. Staff believed the signage does not have a negative impact on the community and recommended approval. He displayed photos of the various builders’ signage programs in the City on the
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overhead projector. Upon question, he replied that there was no violation; the original program started in May 2012, and one complaint was received.
Councilman Tanner said as a resident of that area using the affected streets all the time, he didn’t find the signs to be offensive at all. In fact, he felt anything the City could do to make sure people are attracted to buy homes here, it should be doing; it’s a good thing.
Mr. Swartz went on to review photos from the four areas where this program was implemented: 1) Ponderosa Homes-D. R. Horton in the vicinity of Portola Avenue/Gerald Ford Drive; 2) Spanish Walk-D. R. Horton in the vicinity of Frank Sinatra/Gerald Ford Drives; 3) Villa Portofino in the vicinity of Portola Avenue/Country Club Drive; 4) K. B. Homes on Shepherd Lane.
Councilman Spiegel moved to, by Minute Motion, approve an extension of the suspension of Palm Desert Municipal Code Chapter 25.58 - Signs, Sections 25.68.090 (A) and (M) - Temporary Signs - to allow home builders: 1) Six temporary, off-site signs not located within the public right-of-way; 2) one 5' x 20' banner per street frontage; 3) four company flags located at the entry of each residential development; 4) temporary program from March 15, 2013, through September 3, 2013, during weekends – beginning Fridays at 3:00 p.m. and ending Mondays at 10:00 a.m. Motion was seconded by Tanner and carried by 5-0 vote.
H. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ), SEEKING ARTISTS TO CREATE ARTWORK FOR THREE SETS OF TRAFFIC SIGNAL CABINETS ON FRED WARING DRIVE AND APPROVE FIVE (5) $100 HONORARIA EACH FOR FINALISTS TO CREATE PROPOSALS FOR THE ARTWORK (CONTRACT NO. C32670).
Councilman Spiegel moved to, by Minute Motion: 1) Authorize staff to issue an RFQ, seeking artists to create artwork for three (3) traffic signal cabinets on Fred Waring Drive; 2) approve honoraria in the amount of $100 each for five (5) finalists (total $500) to create proposals for the artwork – funds are available in Account No. 436-4650-454-4001. Motion was seconded by Tanner and carried by 5-0 vote.
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I. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ), SEEKING AN ARTIST OR ARTIST TEAM TO WORK WITH YOUTH TO CREATE ARTWORK FOR THE EAST-FACING WALLS OF THE PALM DESERT COMMUNITY CENTER AND APPROVE THREE (3) $500 HONORARIA EACH TO FINALISTS TO CREATE PROPOSALS FOR THE ARTWORK (CONTRACT NO. C32680).
Public Art Coordinator Deborah Schwartz stated at this time, staff requested continuing this matter to an uncertain date.
Councilman Spiegel moved to, by Minute Motion, continue the matter of issuing an RFQ for Artwork for East-facing Walls of the Palm Desert Community Center to a date uncertain. Motion was seconded by Tanner and carried by a 5-0 vote.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF THE THIRD AMENDMENT TO THE SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT - DELETING “WEIGHTED VOTING” FROM SECTIONS 3(G) AND 3(H) THEREOF (CONTRACT NO. C00-515).
Councilman Spiegel reported that originally, voting at SunLine was weighted based on the number of people riding the buses from a particular jurisdiction, which wasn’t practical. Therefore, SunLine recommended this amendment that gives each member one vote – not a percentage of a vote or two votes.
Councilman Spiegel moved to, by Minute Motion, approve the Third Amendment to the SunLine Joint Powers Transportation Agency Agreement and authorize the Mayor to execute same. Motion was seconded by Weber and carried by 5-0 vote.
B. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 AND CHANGE ORDER NO. 1 TO CONTRACT NO. C31040A WITH KIP, INCORPORATED, FOR THE SECTION 29 RETENTION BASIN REPAIR PROJECT (PROJECT NO. 627-11).
Mr. Greenwood recalled that in December, City Council awarded a contract for Repair of the Section 29 Retention Basin, located roughly at the northern extension of Portola Avenue – against the railroad tracks near the freeway. As the City was having the agreement executed, it realized that a serious error had been made: failure to require prevailing wage. Since the contractor had already started some of the work, staff felt the best course of action was
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to continue with him and get a price for converting the contract to what prevailing wage would be. The contractor provided that price, and the prevailing wage component is approximately $104,000. Additionally, as the City was working on the project with CVWD (Coachella Valley Water District) to protect the existing sewer line, which has failed and needs relocation, CVWD realized they needed a little bit more protection for it than previously required. This aspect represents the remainder of the Change Order. Upon inquiry about whether or not KIP Incorporated would still have been the lowest bidder had everyone known up front about prevailing wage, he said KIP likely would have been the lowest. Further, the requested Change Order results in the net cost being the same as it would have been if the project had been advertised as prevailing wage. He added that the harm was in the fact that the City believed it was going to get the project at a better price than it will when the Change Order is approved.
Councilman Spiegel moved to, by Minute Motion: 1) Approve Amendment No. 1 to the subject contract with KIP, Incorporated, Murrieta, California; 2) approve Change Order No. 1 to said contract in the total amount of $127,427.58 for the Section 29 Retention Basin Repair Project; 3) authorize the transfer of $80,231.15 from contingency to base for the project; 4) appropriate $47,196.43 from Unobligated Fund 469 - Assessment District 2004- 02 to Account No. 469-4350-433-4001; 5) authorize the Mayor to execute said Amendment No. 1 and Change Order No. 1. Motion was seconded by Tanner and carried by a 5-0 vote.
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF AMENDMENTS TO THE PALM DESERT MUNICIPAL CODE, CHAPTER 5.87 - MASSAGE ESTABLISHMENTS AND MASSAGISTS, CHAPTER 5.90 - MASSAGISTS PERMITS OF TITLE 5 BUSINESS TAXES, LICENSES, AND REGULATIONS, AND TO TITLE 25 - ZONING, REGARDING MASSAGE BUSINESS ZONING AND LAND USE RESTRICTIONS.
Councilman Spiegel stated that he would be recusing himself from this matter and left the Council Chamber.
Mayor Harnik advised that there has been a request to continue this item in order to consider some additional input received by the City.
Mayor Harnik declared the public hearing open and invited testimony SUPPORTING or OPPOSING the request. No public testimony was offered at this meeting.
Councilmember Weber moved to continue this public hearing item to the meeting of March 28, 2013. Motion was seconded by Tanner and carried by 4-0 vote, with Spiegel ABSENT.
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XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of February 19 - March 1, 2013.
Mr. Wohlmuth called attention to the Meeting Summaries Report contained in the agenda packet.
With Council concurrence, the Summaries were received and filed.
2. Shopping Center Update.
Mr. Wohlmuth noted that at the last Council Meeting, Councilman Spiegel requested an update on shopping center vacancies. Therefore, he worked with Economic Development Manager Ruth Ann Moore, and her memo to him was included in today’s agenda packet.
Councilman Spiegel thanked Ms. Moore for her report but said he still had two major concerns – the former T.G.I. Fridays location and the other site where Kentucky Fried Chicken (KFC) and Coco’s had been.
Ms. Moore said since she wrote the memo, she managed to track down representatives for the T.G.I. Fridays location, which was challenging due to the fact that no signage exists at the property. After investigation, she learned that building is not owned by the party that owns the rest of the property there. But when she made contact with the broker for the site, they asked several questions, leading her to believe they were in the process of negotiating with another party and upon her inquiry, they confirmed this fact but did not advise who it was or how far along they were in the process. She added that it is a challenging site there because of the visibility. However, as other locations are continuing to be filled throughout the City, she believed this location will also be filled. With regard to what is now a bare, dirt area where Coco’s and KFC had been, staff and the Mayor met with property owner Alice Goodwin last week where new drawings were displayed, illustrating how they plan to renovate that property. Hopefully, they would be submitting their plans to the City once they have more indication about several leases going on the site and whether or not they can do the expansion they’re considering. In answer to question about the vacant former furniture store on the site, she said that store was originally owned by another company; but those negotiations have closed, the main property owners now also own that location and have it leased as well. She will check to see when that store will open.
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With City Council concurrence, the report was received and filed.
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 CITY COUNCIL
1. City Council Requests for Action:
a) Request for Legislative Review Committee Consideration Mayor Harnik said she had two items that she would like to put before the Legislative Review Committee for its consideration of supporting.
i) CEQA Reform - When she recently attended the Riverside County Transportation Commission Meeting, discussion occurred about a strong push for “CEQA Modernization.” There are a number of related bills in this regard, some progress has been made, and she will relay the information to staff. She felt it certainly needed careful review but believed it would be appropriate to support CEQA Modernization, relating that there were components of it that made a lot of sense, such as when people sue over a project, they must be completely transparent in disclosing how they’re financing the lawsuit and who was involved.
ii) “Get Tested Coachella Valley” - Mayor Harnik said this is a program a number of people here have been working on; it’s been successful in places like Manhattan/Brooklyn, New York, San Francisco, etc., to make voluntary HIV testing and linkage to care a standard and routine practice. She felt the education
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and prevention was very valuable, and she would like the City to take a look at it as time permits to see if it should take action and/or be part of the partnership pledge for the Coachella Valley. She would also provide this information to staff for review.
2. City Council Consideration of Travel Requests and Reports:
None
3. City Council Committee Reports:
None
4. City Council Comments:
a) “Every 15 Minutes” Program at Palm Desert High School – Mayor Harnik reported Councilmembers Tanner, Weber, and she attended the Program, and, again, they did a great job. She noted it was right after that took place when another student was killed by a drunk driver, so there can never be enough of that type of program to raise awareness.
b) UCR 11.5-acre Land Transfer – Mayor Harnik said due to the diligent, tenacious, and hard work of Mr. Wohlmuth and his team, including involving Assemblyman Brian Nestande, the City was notified this week that the State Department of Finance finally approved the land transfer to University of California, Riverside. She said this will allow them to start work on the Medical School on the site, which will be a tremendous asset to the City and entire community.
c) Palm Desert Youth Sports Association Opening Day – Councilman Tanner noted that Mr. Wohlmuth, Mayor Harnik, and he participated in Baseball Opening Day last Saturday. He said it was a great occasion, with thousands of kids participating. He added that the Palm Desert Charter Middle School Band performed wonderfully there as well.
5. Suggested Items for Future City Council Meeting Agendas:
None
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XIX. ADJOURNMENT
Upon a motion by Spiegel, second by Tanner, and unanimous vote of the City Council, Mayor Harnik adjourned the meeting at 5:02 p.m.
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA
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