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HomeMy WebLinkAboutPrelim - CC - 01-25-2018PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 25, 2018 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Jonathan convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilmember Kathleen Kelly Councilmember Gina Nestande Mayor Pro Tem Susan Marie Weber Mayor Jonathan Also Present: Lauri Aylaian, City Manager Carlos Campos, Assistant City Attorney Rachelle D. Klassen, City Clerk Lori Carney, Director of Administrative Services Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Tim Jonasson, Interim Director of Public Works Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Rocha, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: DRAFT A. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 B. Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Jonathan adjourned the meeting to Closed Session of the City Council at 3:00 p.m. He reconvened the meeting at 4:06 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Campos said there were no reportable actions from Closed Session. However, at this time he wished to add an item to the agenda under Section XVI - New Business, relating to the California Public Utilities Commission Draft Resolution E-4907 regarding Community Choice Aggregation. Staff drafted a letter in opposition to the Resolution, but the request for the letter came after the posting of the agenda and would be submitted before the next City Council meeting. Therefore, he requested City Council consider adding this item to the agenda by a four -fifths vote. On a motion by Harnik, second by Nestande, and 5-0 vote of the City Council (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the aforementioned item was added to the City Council agenda under Section XVI - New Business, Item B. Additionally, Mr. Campos requested withdrawing Item A, under Section XVI - New Business. With City Council concurrence, the item was withdrawn from the agenda. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 DRAFT VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Michael Flicker, Boy Scout from Troop 1701. At the request of the Mayor, Mr. Flicker explained that in order to become an Eagle Scout he was required to obtain thirteen (13) merit badges, and he currently had six (6). As part of the Citizen of the Community Merit Badge, he was required to attend a City Council Meeting. Mayor Jonathan thanked him for attending today's meeting, stating the City Council loves the Boys Scouts because they add to the community, and he looked forward to his involvement, not just now, but as he grows and continues to be part of this City. VII. INVOCATION - Councilmember Kathleen Kelly VIII. AWARDS AND PRESENTATIONS A. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER ISAAC CHO. Mr. Cho was unable to be present at today's meeting. B. PRESENTATION OF PROCLAMATION DECLARING JANUARY 2018 AS "HUMAN TRAFFICKING PREVENTION MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Jonathan presented the proclamation to a representative of the Soroptimist International - Palm Desert. C. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON ANTI- HUMAN TRAFFICKING AND THE RIVERSIDE COUNTY ANTI -HUMAN TRAFFICKING TASK FORCE BY SAFEHOUSE OF THE DESERT. The representative from Safehouse of the Desert was unable to attend today's meeting. IX. ORAL COMMUNICATIONS - B MR. ALLEN WORTHY, Sunrise Way, Palm Springs, noted that this afternoon he was interviewed by NBC-KMIR about the ongoing and moral turpitude at Eisenhower Hospital. On that same note, the City of Rancho Mirage voted to table their yearly gifts to them, stating he was informed by their City Manager Randy Binder. He said this travesty has gone on too long, along 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 DRAFT with the crime and corruption of the City of Palm Springs, and it will eventually affect Palm Desert. He noted he had spoken to Councilmember Harnik about the situation two years ago. Secondly, he understands the property at Frank Sinatra and Portola Avenue is going out to bid, and he had long-standing clients in Beverly Hills, Dallas, and Atlanta, so he will be passing this information on to his brother who is flying out here on Saturday. Thirdly, he has filed paperwork for the Ginger Rogers Foundation, and in the future, he was looking to build a Ginger Rogers Theater, adding he had the wherewithal to raise millions to build it. He said he looked forward to speaking to the City Council about it at a later date. MR. WALLY MELENDEZ approached the City Council to report that the striping was worn out at the intersections of Monterey Avenue and Fred Waring Drive, and Highway 111. Additionally, he said he wished something could be done about the pollution in this Valley. Lastly, he said he learned that Councilmember Harnik was running for Riverside County Supervisor and offered to help her in that endeavor. Mayor Jonathan stated staff will follow- up on his concerns. MR. JONATHAN CHAN, Palm Desert, requested that the City Council consider an ordinance for residential solar. He said the City of Palm Springs recently passed an ordinance requiring or giving preference to any new residential construction projects to be solarized. Through specific policies, it requires the wattage of the photovoltaic solar system to be equivalent to two watts times the total square footage of the dwelling unit with exceptions made for the planning commission and city council to reduce or eliminate it if the structure is deemed not appropriate to be solarized. They also have policy exemptions for certain types of housing, but overall, he was asking the City Council to consider the City of Palm Springs Solar Ordinance and if it would be willing to incorporate it into law in Palm Desert. X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Councilmember Jan C. Harnik Committee Reports and General Comments. 1. Colleae of the Desert (COD) 60th Celebration - reported that COD announced they partnered with DIGICOM (Digital Communications) which will be a tremendous asset for the students and the community. Councilmemember Nestande added she was happy to hear the chancellor say their pilot program, which offered free tuition to 1,000 graduating high school students from the Desert, was very successful. She said they will be offering those same students free tuition for their second year, which is huge for parents and education, because for most of those students, they are the first child in a family to attend 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 DRAFT college. Additionally, free tuition will be offered to freshmen's of the 2018-2019 school year as well. She felt honored to have College of the Desert located in Palm Desert, because they were an example to all of the United States, stating it was the gold standard. 2. Senior Softball League - it is up and running, and if anyone ever wanted to see how it should be done, they need to go watch them play, because they are amazing. 3. Coachella Valley Economic Partnership (CVEP) - reported that COMCAST made a presentation at their last CVEP meeting, promoting their brand called machineQ (Machine Quotient), which is a communication platform used for the Internet of Things (IOT). She said IOT is a machine communication that is more efficient than internet and cell phones, and is using LRC, which is the acronym for long-range communications. The cost of service for the LRC platform is 90% less than cellular or internet. Therefore, COMCAST is rolling it out in Philadelphia, Chicago, San Francisco, and Desert Hot Springs. The reason it will roll out in Desert Hot Springs, is that in 2013, SecoSys relocated the business to the Coachella Valley from Valley Center to become a member of the iHUB that is managed by CVEP. They were mentored at the iHUB and became the only California iHUB company to ever win a World's Best Technology Award. They developed a Smart Meter Program that can be used on anything that flows, including gas and water. She said COMCAST is bringing their machineQ platform using LRC to Desert Hot Springs, because of the SecoSys Program, and they are here because of CVEP. It's the first time where it will have the communication platform to attract entrepreneurs of existing businesses that intend to develop products that use leading edge technology, and other applications, including self -driving vehicles, traffic light optimization, hazardous material detection, and earthquake detection. The Coachella Valley has an inherent advantage over other regions for development of IOT products, because the line of sight is simple, and the region is big enough to be significant while being small enough to handle. She said that at the next CVEP meeting they will have a speaker that will talk about teaching coding, and he is the first tech entrepreneur in Innovation Point Incubator, which was founded by Joe Wallace in Louisville, and now he is on to teaching people in some of the poorest counties in the nation, including displaced coal miners and people who have lost jobs in factories in the Kentucky Appalachian region and is making a difference, where they now have a second career making better wages and they have job security. Therefore, anyone that can should go hear him speak. 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 DRAFT B. Councilmember Kathleen Kelly Committee Reports and General Comments. 1. Wellness Center at the Joslyn Center - as the City's liaison, she wanted to feature for everyone that the Joslyn Center now has a Wellness Center with a broad emphasis on all aspects of life for anyone who has reached the youthful age of 50 or beyond. She recommended strongly that folks make a routine of checking the Joslyn Center's website monthly, and clicking on the Wellness Center and checking the special events, because there are many opportunities or special lectures. For example, this month they had a special presentation on "Causes of Neck or Back Pain," which is something that plagues many. Additionally, you will find useful resources such as free blood pressure checks. C. Councilmember Gina Nestande Committee Reports and General Comments. Offered comments under College of the Desert's 60th Celebration, Section X - Al. D. Mayor Pro Tem Susan Marie Weber Meeting Summaries Report for the Period of January 1 - 12, 2018. With City Council concurrence, Mayor Pro Tem Weber's Meeting Summaries were received and filed. 1. Desert Valley Builders Association (DVBA) -thanked MayorJonathan for his presentation on the City's progress with Cannabis, stating he made several humorous comments, but the information provided was very educational. She appreciated him making the presentation on behalf of the City. E. Mayor Sabbv Jonathan Committee Reports and General Comments. 1. Homelessness Committee - he reported the Point in Time Count was conducted earlier this week, and informally, he learned the count was way up, with the exception of Palm Springs, which appears to be the trend. The news was informative, because according to Mayor Moon from Palm Springs, they allotted $1.6 million into their efforts and they now have a variety of personnel specifically to address homelessness, including outreach personnel. The good news is that the City of La Quinta recently made a decision to contribute their full share of $103,000 into the Coachella Valley Association of Governments (CVAG) efforts, which brings six of the nine cities to be all in, which has doubled from previous years. The total funding now is $1.7 million, and the highest they ever had was about $800,000. 6 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 DRAFT Because this is a critical issue for all cities, the Valley is embracing the regional holistic approach being implemented by CVAG. Recently, they received the first full report from Path of Life for a six-month period, and it was very encouraging. It was touching to see how many people were helped and how they were helped. They are also addressing homelessness prevention, because they are learning it's as important and more effective, in that once people become homeless, it's exponentially more difficult. He commented he was cautiously optimistic that the City's investment was being put to good use. 2. Wine and All That Jazz Event at Joslyn Center - it was the first time the Center had this type of event, and it sold out. It was an extremely successful event and hopefully it will gain momentum moving forward. 3. Desert Willow Golf Resort - he shared the following email from Jim Moran, who is the General Manager at Westin Desert Willow Villas, which stated: "1 did have the opportunity to play both Firecliff and Mountain View last week and I have to tell you, both courses are in the best condition I've ever seen them in and I've lived out here a long time. Your "City owned" courses are in as good of shape as any private course out here, and I know that, because I've played most of them at one point in time. Of course, this wouldn't be possible without Derek, Ryan, and Kemper Sports, they continue to do a great job for the City." He added that in sitting on the Desert Willow Committee, he learned that not only is Desert Willow getting the highest staff evaluations, it has also had record revenues forthree months straight. He said both are attributed to the weather, which has been magical in terms of golf, but also to the efforts of Kemper Sports. When reading in the newspaper of neighboring cities having to pull $800,000 a year from their general fund to subsidize golf for their residents, Palm Desert is in a fortunate position of not having to do that. 4. Senior Manaaement Analyst David Hermann Acknowledament - shared that as Mayor, he has learned it was an endless job of making opening remarks and appearances at events, and he seemingly looks like he knows what he's talking about, but it was mainly because David did all the research and prepares all his remarks. He thanked him for all he did, stating he didn't know where he would be without him. F. City Council Requests for Action. None 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 G. City Council Consideration of Travel Requests/Reports. None Xl. STAFF REPORTS AND REMARKS A. City Manager DRAFT 1. City Manager's Meeting Summaries Report for the Period of December 25, 2017 - January 12, 2018. With City Council concurrence, the City Manager's Meeting Summaries Report was received and filed. 2. Personnel Update: she welcomed Mr. Charles Garrison, the new Building Inspector in the Building & Safety Department. She said Mr. Garrison was pleased to relocate to the Desert from the state of Washington where things are congested with traffic, high prices, and it rains too much. 3. Swing `N Hops Event - the event will take place on February 3rd from noon to 5:00 p.m. on El Paseo. She said there will be a lot of booths and entertainment going on, and it should be fun for everybody. B. City Attorney None C. City Clerk None D. Public Safety 1. Fire Department None 2. Police Department None 8 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 DRAFT XII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 11, 2018. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 12/22/2017, 12/29/2017, and 1/5/2018. Rec: Approve as presented. C. LETTER OF RESIGNATION from Pam Williams - Cultural Resources Preservation Committee. Rec: Receive with very sincere regret. D. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Records that Have Been Digitally Imaged from the Department of Building & Safety, to Rely On the Electronic Record as the Official Record — Records from May, June, and July 2016. Rec: Waive further reading and adopt Resolution Nos.: 1) 2018 - 05 - May 2016 Records; 2) 2018 - 06 - June 2016 Records; 3) 2018 - 07 - July 2016 Records. E. REQUEST FOR AUTHORIZATION of Contract Renewal with D & B Visions for Consulting Services Relative to the City's Solid Waste and Recycling Programs (Contract No. C32595). Rec: By Minute Motion, authorize: 1) Mayor to execute subject agreement renewal with D & B Visions, Temecula, California, for consulting services relative to the City's Solid Waste and Recycling Programs; 2) expenditure of funds in an amount not to exceed $65,000 from the Recycling Fund, Account No. 236-4195-454-3090, for said contract — funds are available in the Recycling Fund, Account No. 236-4195-454-3090. Upon motion by Harnik, second by Weber, and 5-0 vote of the City Council (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the Consent Calendar was approved as presented. 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 XIII. CONSENT ITEMS HELD OVER None XIV. RESOLUTIONS DRAFT A. RESOLUTION NO. 2018 - 08 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 02-57, AND SETTING THE SCHEDULE FOR REGULAR CITY COUNCIL MEETINGS IN CALENDAR YEAR 2018. Councilmember Harnik moved to waive further reading and adopt Resolution No. 2018 -08. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). XV. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1334 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND UPDATING VARIOUS CHAPTERS AND SECTIONS OF THE PALM DESERT MUNICIPAL CODE (Annual "Housekeeping" Review and Update). Mr. Campos noted that every year his office and City staff look at sections of the Municipal Code that need to be either modified or clarified. This year the City is making the following revisions: 1) Section 2.34.010 - Terms of Appointment -Residency Requirements - the current code does not provide for absences for those committees that meet quarterly or bimonthly, but it's now being covered. 2) Section 2.36.020- Regular Meetings - provides for regular meetings to be canceled via a resolution. 3) Chapter 8.23 Fireworks - defines that display of fireworks are allowed with a permit, however, "salute" fireworks are only permitted for City events. 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 DRAFT 4) Section 10.08.030 - Nonmovinq traffic violations - the Code allows for Citizens on Patrol to issue tickets, but does not permit them any enforcement powers. 5) Chapter 10.76 Golf Cart Transportation Plan - the Code now reflects current state law to be consistent with the California Streets and Highways Code. The other two changes are more technical and it includes deletions and clarifications made to some of the tables of the municipal code. He called attention to the proposed Ordinance that requires a correction, in that under Section 2 - where it states "2.23.010," it should be "2.34.010." Councilmember Harnik stated that anytime the City has any type of fireworks, as a City, it goes out of its way to alert people of any upcoming fireworks, because sounds of explosions do startle some people, including pets. She asked if it was the City's job to notify the media, or the permittee. Ms. Aylaian responded that through the permit process, the City requires the permittee to issue notices, depending on the location, date, and time. She said a radius is provided in which they must deliver notices. Senior Management Analyst David Hermann issues press releases, and if there is sufficient time, it's advertised in the BrightSide Newsletter. The reason staff is fine-tuning the municipal code here, is that the City still receives complaints and it's typically from the salute types of fireworks, which is why they are being limited to City use. Typically, they are only used for 4th of July celebrations. Mayor Jonathan pointed out that under item 1, the Ordinance states that automatic resignations will occur on the first unexcused absence, however, he didn't see a definition for an excused absence. Mr. Campos said it's usually a pretty liberal interpretation, generally it's personal or medical, and he didn't think it was specifically defined. Ms. Klassen clarified that it was defined in the current Code, and an excused absence includes hospitalization, jury duty, death in the immediate family, and military service. Mayor Jonathan requested reexamining this issue, because he wouldn't want to see a qualified committee member be automatically resigned, especially if they forgot or miss -scheduled, adding some type of leeway was needed here. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 DRAFT Ms. Klassen offered that staff has used an exception process, where if members are in a position where they have to miss more than the allotted amount, they may request an exception from the Mayor for that calendar year. Mayor Jonathan reiterated his concern was with the automatic resignation. Ms. Klassen noted it would be 25% of the meetings that meet quarterly, because those that meet monthly, are allotted three days. Councilmember Kelly agreed with Mayor Jonathan, because the Marketing Committee meets quarterly, and the City wants those very busy people that have the expertise on the Committee. She agreed the City needed policies to encourage people to take their obligation seriously, but Council wants opportunities to exercise discretion if a key person forgot or had to meet with the CEO from New York, or other circumstances that don't negate their commitment to City service. Mayor Jonathan said he didn't want to hold up the Ordinance, but he would like to review this issue to see if it needed tweaking. His other question is related to Item 4 - Section 10.08.030 - Nonmoving traffic violations. He is always cautious of empowering people, especially regular citizens, to do something to another citizen that creates a financial burden. Ms. Aylaian explained that Citizens on Patrol would be able to issue parking tickets, which has an appeal process in place that can be heard by a hearing officer. Further responding, she said it only applied to parking tickets. Councilmember Kelly moved to waive further reading and pass to second reading Ordinance No. 1334, with typographical correction noted at this meeting, and staff to follow-up with City Council regarding committee/commission attendance. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). B. For Adoption: None 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 XVI. NEW BUSINESS DRAFT A. REQUEST FOR APPROVAL OF THE 2018 CRAFT BEER EVENT IN CIVIC CENTER PARK ON SATURDAY, MAY 5, AND SPONSORSHIP AGREEMENT (CONTRACT NO. C36700). With City Council concurrence, this item was withdrawn from the Agenda NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY FOUR -FIFTH VOTE UNDER SECTION V-A. B. CONSIDERATION OF LETTER OF OPPOSITION TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION (CPUC) REGARDING DRAFT RESOLUTION E-4907 ON COMMUNITY CHOICE AGGREGATION (CCA). Mr. Stendell explained that the Mayor and several staff members attended the Desert Cities Energy (DCE) meeting on Monday, January 22, where staff from Coachella Valley Association of Governments (CVAG) notified them about the California Public Utilities Commission (CPUC) with regards to applications for new Community Choice Aggregation (CCA). Staff at the CPUC has implemented, what CVAG and their legal counsel call, an arbitrary moratorium at staff level that would halt any applications after December 8, 2017, for a CCA. He said CVAG had submitted their application for the DCE-CCA on December 11 and was notified that the application was put on hold. He added that the DCE and a host of other interested regional CCA movements are taking the time to do exactly what staff's proposed letter indicates, expressing advocacy to the CPUC who will be holding a public hearing in the near future to consider this request. Staff was asked by CVAG to proceed with the proposed letter of opposition, asking city councils for the members of the DCE to send the letter along to the CPUC. Mayor Jonathan stated the DCE had already completed its application and submitted it on December 4, but as a courtesy, it was sending it to Southern California Edison, etc., and had been communicating with staff at the CPUC, however, no one was told there was a pending deadline of December 8. Therefore, the DCE, on Monday, December 11, went ahead and submitted its application. The egregious part of the staff recommendation by the CPUC is that it will be voted on by the CPUC on February 8, and if they accept staff's recommendation, it would be a retroactive deadline, which he found to be very egregious. At this point, the proposed letter of opposition from the City of Palm Desert, simply urges the CPUC not to accept the recommendation by their staff. He noted the City of Los Angeles, which has no Tess than five CCAs, is in the same position as Palm Desert. He believed 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 DRAFT there will be some pressure on the CPUC, but the more pressure they have to not accept the recommendation, the better. Councilmember Kelly asked if anyone knew why the CPUC staff is recommending a moratorium. Mr. Stendell answered no, stating it wasn't even sure their staff report has been drafted at this point. There are communications between CVAG and the CPUC, adding that City staff has not seen any official communication, other than the letters and emails from the CPUC to CVAG. At this point, he has not been provided with anything concrete. Mayor Jonathan offered he heard from someone who is knowledgeable and professional, and is of the opinion, there is pressure from labor unions who prevent, stall, and postpone as much as possible, however, he's not aware of the rationale being expressed by the CPUC staff. Councilmember Harnik inquired about the statement about 'inexplicably and without due process," that took place as noted in the proposed letter of opposition. Mr. Campos replied it related to having an action taken at the administrative level before having any opportunity to comment. In this case, there was no opportunity for anyone to comment, and essentially, the action will take place in February and is being retroactive to December. Councilmember Harnik moved to, by Minute Motion, approve the letter of opposition to the California Public Utilities Commission regarding Draft Resolution E-4907 on Community Choice Aggregation. Motion was seconded by Kelly. Councilmember Kelly stated it made her very cranky to come to a meeting and find a new issue on the desk. If it was possible to give prior notice, because she would have appreciated having the opportunity to do whatever research she could have done. However, she will not allow her crankiness to hold up the letter, but she does want to express her preference in the strongest possible terms, to enable Councilmembers to do their work as fully as possible. If one knows the issue is coming, even if it's in the mailbox this morning, it affords her some time to satisfy herself that she has exercised her due diligence. Mayor Jonathan said he will take responsibility for it and apologized to everyone, because he completely concurred. He said perhaps he could have notified the Council a day or two earlier, but this came at the DCE meeting on Monday of this week where the letter of opposition was presented to them. In fact, at that meeting he proposed for the letter to be 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018 DRAFT provided to the cities for consideration of adding their voice to the objection. He said he was responsible for the short time frame, but in this particular instance, Council may have been able to gain a day or two, but not much more. Councilmember Kelly reiterated she was asking for what is possible, and this morning was possible, adding she wants folks to behave, based on the presumption that Councilmembers will do their homework, instead of the presumption that it will speed read and rubber stamp. Mayor Jonathan called for the vote, and the motion carried by a 4-1 vote (AYES: Harnik, Kelly, Weber, and Jonathan; NOES: Nestande). XVII. CONTINUED BUSINESS None XVIII. OLD BUSINESS None XIX. PUBLIC HEARINGS None XX. ADJOURNMENT With City Council concurrence, Mayor Jonathan adjourned the meeting at 5:00 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SABBY JONATHAN, MAYOR 15