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HomeMy WebLinkAboutPrelim Minutes - City 02/12/2015DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 12, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilman Sabby Jonathan Mayor Pro Tern Robert A. Spiegel Councilman Van G. Tanner Mayor Susan Marie Weber Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, Assistant City Attorney Rudy P. Acosta, Assistant City Manager 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 Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk Ill. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 1) Property: 42204 Golden Eagle Lane (APN 624-431-012), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Nicholas and Corena Killebrew Under Negotiation: x Price x Terms of Payment 2) Property: APNs 694-190-005, -006, -007, -013, -014, -016; 694-200-003, -004, -006, -007, -011, -012, -022 (170 acres) Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 3) Property: APNs 694-300-001, -002, -005, -006, -007; 694-310-002, -003, -005 (132 acres) Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Weber adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Sabby Jonathan K PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 VII. INVOCATION - Mayor Pro Tern Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MR. BILL EDGAR, resident of Sun City Palm Desert and volunteer for Compassion & Choices (Death With Dignity) California, provided brochures to each Councilmember and additional materials, and alerted them to a bill introduced in the State Senate last month that would hopefully make California the sixth state with end -of -life choices. Oregon was the first to adopt such a law some 20 years ago. The program requires people be terminally ill with less than six months to live, which has to be confirmed by two M.D.'s, and the patient must be coherent and able to make their own decisions. When this is the case, local doctors can prescribe a life - ending medication to the person, which they then must self-administer. He said in the 20 years it's been legal in Oregon, there have been about 700 requests for the drug; between one-third to one-half of them didn't use it, the pain didn't get that bad, and the patient died naturally. In the other cases, people were able to end their life at their own timing — there has not been one case of abuse in the State of Oregon since it was legalized. He referred to the story of Ms. Brittany Maynard, who lived in Northern California, was dying of brain cancer and passed away on November 1. Her story received a great deal of publicity after she, her husband, and her mother had to move from Northern California to Oregon to receive the benefits of this program. Mr. Edgar went on to say that his group's goal was to give Californians an open, acceptable, legal option at the end of life, if they are so designated. He said although very few need to take advantage of the option, it provides peace of mind that it will be there for them if the law is passed. MR. DOUGLAS GALLOWAY, Broken Arrow Trail, Palm Desert, on behalf of Palm Desert Youth Sports Association, the boys baseball and girls softball organization in the City, said as the weather is starting to warm, it's time for Opening Day of their season. He personally invited Councilmembers to attend, sit on the stage, and enjoy the festivities. PDYSA President Richard Weintraub and he started planning very early this year, meeting with City staff back in August, and have dramatically upgraded/completely revamped every aspect of the event. He said food will be provided by a national company that will be sending two barbecue semi -trucks; there will be upgraded carnival activities, and the City's official band, the Palm Desert High School Marching Aztecs, will be performing. Presentation of Colors will be provided this year by the High School's brand new R.O.T.C. unit. He said their reason for pushing so hard for the City's High School Band and new R.O.T.C. unit to be there is that it's motivational for the elementary and middle school kids who are playing baseball/softball to see future activities they'll be able to participate in when they get to high school. He added that there will once again be an aerial flyover during the National Anthem, and they're very much looking forward to this year's Opening Day and hoped City Councilmembers will be able to attend. 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 MS. NIKOHL VANDEL, Palm Springs, CA, said the only thing that keeps coming to mind for her is the global police -state stand -down. She'd recently attended a Palm Springs City Council Meeting, where they finally have a really good housing program going on for those coming up from where they land after they get back. She went on to refer to computer and online bullying where there are some laws in place to prevent this type of harassment to protect victims, yet she implied that more needed to be done. She further urged people not to get caught up in television shows that project one kind of reality while life was happening all around them, such as meltdown of the Fukashima nuclear power plant. She said people should turn off their TVs and come and occupy City Hall with her, and she thanked Council for their service. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, FEBRUARY 12, 2015, AS "PATRICK CARNEY DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Weber presented the proclamation to Mr. Carney to thank him and Weeks Roses for the generous donation of 100 new rose plants for the Civic Center Rose Garden. Mr. Carney graciously accepted the honor and emphatically conveyed his great admiration for the City after now living here full-time for 15 years. He was very pleased to have been able to donate the roses to the garden, adding that he planned to be in Palm Desert forever. Upon inquiry about when the protective bags would be removed from the plants, he said they'd already been removed earlier this week, and the bushes would be blooming soon. B. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, FEBRUARY 12, 2015, AS "TNV TOWING DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Weber presented the proclamation to Alberto and Veronica De La Torre and expressed the City's gratitude for the service they've been providing for over 20 years. She specifically pointed out the reference to the fact that the City "relocates" vehicles that are parked in the way before various special events held here (e.g. Golf Cart Parade, Turkey Trot 5K), as it was more often than not the City's goal to educate and guide the public to help them do the right thing instead of punishing them. Additionally, she said TNV Towing also generously donates some of the demolished vehicles it takes in to Palm Desert High School's "Every 15 Minutes" Program, helping educate teens about the dangers of drinking and driving. 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 Ms. De La Torre's expressed sincere gratitude for the recognition, adding that they've always wanted to help the community, and this was their way of doing so. She expressed special thanks to and recognized her brother in-law with them in the audience today, Horacio De La Torre, who performed the majority of the towing in the City. C. PRESENTATION TO RECOGNIZE THE CITY OF PALM DESERT FOR ITS ONGOING DEDICATION TO THE DESERT CITIES ENERGY PARTNERSHIP (DCEP). Principal Planner Tony Bagato presented Mayor Weber and the City Council with an engraved plaque on behalf of CVAG (Coachella Valley Association of Governments). He said it was to recognize the City's dedication to the Desert Cities Energy Partnership that Palm Desert joined after its own "Set To Save" Program expired; now the City will be working with CVAG on "Green For Life" and be committed to being sustainable. D. APPOINTMENTS TO VARIOUS VACANCIES ON AND REAPPOINTMENTS TO THE CITY'S STANDING COMMITTEES AND COMMISSIONS. MR. JOE PRADETTO expressed his approval of Council's recommendation as stated, noting his name was listed among them, but mostly he was supporting his good friend Pamela Williams for her appointment to the Cultural Resources Preservation Committee. He said Pamela was a great and caring individual, and she will be a great servant to the City of Palm Desert. If his own appointment to the Planning Commission is approved, he looked forward to serving the Council and residents of Palm Desert to make sure it remained a beautiful City; however, it will mean giving up his post at the Audit, Investment & Finance Committee. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Art In Public Places Commission: Subject to response to correspondence, if any, appoint Megan T. Millerto the balance of the term held by Melissa Blalock (Dec. 31, 2015); reappoint Maureen Boren and Katherine Hough each to a four-year term (Jan. 1, 2015 - Dec. 31, 2018); 2) Audit. Investment & Finance Committee: Reappoint Stanley Sperling to a four-year term (Jan. 1, 2015 - Dec. 31, 2018); 3) Building Board of Appeals & Condemnation: Reappoint Pamela Martin and Denise Poeltler each to a four-year term (Jan. 1, 2015 - Dec. 31, 2018); 4) Cultural Resources Preservation Committee: Appoint Thomas D. Mortensen to fill the remainder of Ricki Brodie's term (Dec. 31, 2016) and Pamela J. Williams to a four-year term to fill Kent Routh's vacancy (Dec. 31, 2018); reappoint Kim Housken to a four-year term (Jan. 1, 2015 - Dec. 31, 2018); 5) El Paseo Business Association Board of Directors: Appoint Patrick Klein, General Manager of The Gardens On El Paseo, to fill the remainder of Robert Fliday's term (Dec. 31, 2017); 6) Housing Commission: Appoint Heather A. Horning to a four-year term to fill Natalie Russo's vacancy (Dec. 31, 2018); reappoint Gregory Ballard, Robert Nevares, and A. Joy Whitehurst each to a four-year term (Jan. 1, 2015 - Dec. 31, 2018); 7) Library Promotion Committee: Reappoint Joan Beasley, Lois Cardona, and Louise Kermode each to a four-year term (Jan. 1, 2015 - Dec. 31, 2018); 8) PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 Marketing Committee: Reappoint Rolf Hoehn (Indian Wells Tennis Garden) and Ray Rodriguez (Casuelas Cafe/Cork Tree Restaurants) each to a four-year term (Jan. 1, 2015 - Dec. 31, 2018); 9) Parks & Recreation Commission: Appoint J. Mike Hardin from Alternate Member to Regular Member to fill the remainder of Dean Dowty's term (Dec. 31, 2018) and Lindsay Holt to be an Alternate Member, subject to her impending relocation to a Palm Desert residence, at which time she will be made a Regular Member to fill the remainder of Christopher Thomas's term (Dec. 31, 2017); 10) Planning Commission: Appoint Joseph P. Pradetto to fill Dr. Roger Dash's vacancy (Dec. 31, 2018); reappoint John Greenwood to a four-year term (Jan. 1, 2015 - Dec. 31, 2018); 11) Public Safety Commission: Reappoint Terry Kramer and Douglas Luhring each to a four-year term (Jan. 1, 2015 - Dec. 31, 2018); 12) Citizens' Sustainability Committee: Appoint Oxana Wolfson to the remainder of Eric Corey Freed's term (Dec. 31, 2015); reappoint David Koller, Courtney Lingle, and Susan Rosenberg each to a four-year term (Jan. 1, 2015 - Dec. 31, 2018); 13) Youth Committee: Reappoint Roman Bloch, Christie Chaplin, Kaylie Chen, Michelle Dan, Patricia Dan, Emily Goldstone, Cory Hutchinson, Yung Kim, Jessica Kozlak, Jozanne Murphy, Andrew Olson, Don Sandoval-Heglund, Samantha Sandoval-Heglund, Hayley Schmidman, and Rachel Seiberg, pursuant to Committee Bylaws, each for a one- year term (Jan. 1 - Dec. 31, 2015). Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). Mayor Weber expressed her appreciation to Mr. Pradetto and Ms. Williams for attending this evening's meeting. Councilman Jonathan stated Palm Desert's process was so inclusive, in that the Council depended and relied upon all its committees and commissions. He said the Council was grateful that good people stepped up to serve, giving up their time and making the commitment to do their homework before, during, and after the meeting, stating he didn't know where the City would be without the input of all the good citizens that serve on them. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 22, 2015. Rec: Approve as presented. Approved. 4-0-1 (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSTAINED: Spiegel) B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 166, 167, 171, 172, 176, and 177. Rec: Approve as presented. L PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 C. CLAIM AGAINST THE CITY (#752) by Moises and Gloria Garcia in the Amount of $32,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimants. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of November and December 2014 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. E. AUDITED FINANCIAL REPORTS for the City of Palm Desert — Fiscal Year Ended June 30, 2014. Rec: Receive and file. F. AUDITED FINANCIAL REPORTS forthe Palm Desert Recreational Facilities Corporation — Fiscal Year Ended June 30, 2014. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fresh Agave Mexican Bar & Grill, 73325 Highway 111, Palm Desert. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fresh Market, 73411 Highway 111, Palm Desert. Rec: Receive and file. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Shogun Restaurant, 74225 Highway 111, Suite A, Palm Desert. Rec: Receive and file. J. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of November 25, 2014. 2. Marketing Committee Meeting of November 18, 2014. 3. Public Safety Commission Meeting of November 12, 2014. 4. Youth Committee Meeting of December 1, 2014. Rec: Receive and file. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 K. LETTER OF RESIGNATION from Dr. Roger Dash — Planning Commission. Rec: Receive with very sincere regret. L. RESOLUTION NO. 2015 - 07 —A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Closed Cases from the Department of Code Compliance that Have Been Digitally Imaged — Dated 2011. Rec: Waive further reading and adopt. M. REQUEST FOR AUTHORIZATION to Purchase Traffic Signal Controller Cabinet Assembly from Econolite Group, Inc., in the Amount of $26,838. Rec: By Minute Motion, authorize purchase of a complete traffic signal controller cabinet assembly from sole -source provider Econolite Group, Inc., Anaheim, California, in the amount of $26,838 — funds are available in Account No. 110-4250-433-3325 - Traffic Safety-R/M Signals. N. REQUEST FOR APPROVAL of the Purchase of One, New 2015 BMW R1200 RT-P Motorcycle and Emergency Equipment in the Amount of $31,686.78 from BMW Motorcycles of Riverside. Rec: By Minute Motion: 1) Approve the purchase of one, new 2015 BMW R1200 RT-P Motorcycle and emergency equipment to the lowest bidder, BMW Motorcycles of Riverside in the amount of $31,686.78; 2) appropriate $31,686.78 from Equipment Replacement Fund 530 for said purchase. O. REQUEST FOR AWARD OF CONTRACT for On -call City Surveyor Services to RBF Consulting, a Michael Baker International Company, in an Amount Not to Exceed $25,000 (Contract No. C34170). Rec: By Minute Motion: 1) Award the subject contract for On -call City Surveyor Services to RBF Consulting, a Michael Baker International Company (RBF Consulting), Palm Desert, California, in an amount not to exceed $25,000; 2) appropriate $25,000 from Unobligated General Funds to Account No. 110-4300-413-3010 - Professional- Architectural/Engineering for said contract; 3) authorize the Mayor to execute same. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C33780 — 2014 City-wide Striping Program (Project No. 564-14) (Statewide Stripes, Inc., San Diego, 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. Q. REQUEST FOR APPROVAL of the Temporary Use of Alcohol for Desert Recreation District's 15"' Annual International Sports Festival (a.k.a. Senior Games) Opening Ceremony to be Held on February 13, 2015, at Palm Desert Community Center. Rec: By Minute Motion, approve the temporary waiver to Palm Desert Municipal Code Section 11.01.080(W) - Possession/Consumption of Alcohol in City Parks, pursuant to Palm Desert Municipal Code Section 9.58.040. R. REQUEST FOR APPROVAL of a Temporary Waiver of Certain Parks Ordinances for Duration of the Palm Desert Youth Sports Association's Opening Day of Baseball & Softball to be Held on February 28, 2015. Rec: By Minute Motion, approve a temporary waiver of Palm Desert Municipal Code Section Nos. 11.01.080(H) - Camping, 11.01.140 - Amplified Sound, and 11.01.080(Q) - Vendor Sales for duration of the Palm Desert Youth Sports Association's event. S. REQUEST FOR AUTHORIZATION to Fund the Annual Fine Art Insurance Premium in the Amount of $11,200 for Art Sculptures Located Within the Eric Johnson Memorial Garden Per Lease Agreement with Palm Springs Art Museum (Contract No. C29860). Rec: By Minute Motion: 1) Approve $11,200 in funding for the annual Fine Art Insurance Premium for art sculptures to be placed in the Eric Johnson Memorial Garden, per conditions of Lease Agreement with Palm Springs Art Museum; 2) appropriate $11,200 from the Unobligated General Fund for said costs and transfer to Account No. 110-4800-454-3885 for this purpose. Mayor Pro Tem Spiegel stated he would be abstaining on Item A, the Minutes of January 22, 2015. Upon a motion by Tanner, second by Harnik, and 5-0 vote of the City Council, the remainder of Consent Calendar was approved as presented (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). �C PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1279 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO THE PALM DESERT MUNICIPAL CODE TITLE 25 - ZONING. Principal Planner Tony Bagato noted this was the second reading of the Ordinance, which entailed cleaning up of the Comprehensive Update done in 2013. Councilmember Harnik moved to waive further reading and adopt Ordinance No. 1279. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT TO THE FISCAL YEAR 2014-2015 BUDGETAS A RESULT OF MID -YEAR ADJUSTMENTS (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Mr. Gibson stated staff recommended Council revise the Revenues to $49,622,500, and Expenses to $48,665.671. The major increase to revenue is due to both the sales tax and Transient Occupancy Tax (T.O.T.), stating staff had budgeted conservatively at $150,000 for short-term rentals. Even though the City collected $621,000 last year, it was for multiple years, so he didn't know how true that number was. Therefore, staff is increasing that amount to make the adjustment. In the expenditure side, staff recommended increasing the amount to $415,125, stating the major expense is the Marketing Budget of $270,000, which includes the incentive opportunities for hotel properties. On the Housing Authority side, there is a 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 $1 million budget for resale of the housing properties. Responding to question, he said the year-end balance for the General Fund was about $65 million. Mayor Pro TemNice Chairman Spiegel moved to, waive further reading and adopt: 1) City Council Resolution No. 2015 - 08, amending the FY 2014-2015 Budget as a result of Mid -year Adjustments; 2) Housing Authority Resolution No. HA - 71, amending the FY 2014-2015 Budget as a result of Mid -year Adjustments. Motion was seconded by Jonathan. Councilman/Member Jonathan noted he had a few questions that Mr. Gibson was kind and patient enough to answer. Councilmember/Member Harnik commented she was pleased with Mr. Gibson's conservative approach and happy that short-term rentals were paying off. Mayor/Chairman Weber called for the vote and the motion carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. 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 WITH A DIRECT SALE IN FALCON CREST — 42065 HOVLEY GARDENS DRIVE (A.P.N. 624-430-005) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Ms. Moore stated this item was a direct sale, and anytime the City/Authority is offering down payment assistance, and it reaches the point of escrow or potential escrow, staff seeks authorization. She noted the next four items on the agenda are similar. Councilman/Member Tanner moved to, by Minute Motion: 1) Approve a silent down payment assistance loan associated with a direct sale in Falcon Crest, not to exceed 20% of the sales price of the home, to ensure an affordable housing cost pursuant to California Health and Safety Code Section 50052.5 fora qualified low- or moderate -income household from anyavailable funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation); 2) authorize 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) 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 Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 C. 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 WITH A DIRECT SALE IN DESERT ROSE — 75304 KELSEY CIRCLE NORTH (A.P.N. 634-241-027) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Ms. Moore stated this property was in the Desert Rose development, and it's anticipated that it will be a direct sale; therefore, staff is seeking Council's authorization for the down payment assistance. Councilman/Member Tanner 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 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 Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). D. 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 WITH A DIRECT SALE IN DESERT ROSE — 75329 KELSEY CIRCLE SOUTH (A.P.N. 634-241-010) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Council member/Member Harnik 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 use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents forthe applicable funding source, and authorize the Mayorto execute; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 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 Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). E. 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 WITH A DIRECT SALE IN DESERT ROSE — 75473 ORANGE BLOSSOM LANE (A.P.N. 634-061-031) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilmember/Member Hamik 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 use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents forthe applicable funding source, and authorize the Mayorto 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 Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). F. REQUEST FOR AUTHORIZATION TO LEASE COPIER EQUIPMENT FROM XEROX CORPORATION IN THE AMOUNT OF $54,475.07 ANNUALLY FOR A PERIOD OF FIVE YEARS (CONTRACT NO. C34180). Information Systems Manager Clayton Von Helf stated the attached contract is to renew the five-year lease with Xerox. Responding to question, he explained the lease amount is fixed at $2,607.51 plus usage, stating the usage number is based on the last five years; therefore, it was a fair estimate. Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the leasing of copier equipment from Xerox Corporation in the total amount of $4,539.59 per month for five years — funds in the total amount of $54,475.07 are currently budgeted within the General Fund. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 G. REQUEST FOR APPROVAL OF THE EXECUTION OF A NON -HOUSING BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT, AND TAKING CERTAIN RELATED ACTIONS (CONTRACT NO. SA34190) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Management Analyst Veronica Tapia stated the dissolution of redevelopment law requires the Successor Agency to have a Bond Proceeds Funding Agreement, but also list on the Recognized Obligation Payment Schedule (ROPS) projects the City/Successor Agency wished to continue with that are funded by bonds. Approval will allow staff to consolidate the remaining outstanding projects and get the Bond Proceeds Funding Agreement completed. Mayor Pro Tem/Vice Chair Spiegel moved to, waive further reading and adopt Resolution Nos. 2015 - 09 and SA -RDA 041, approving the execution of a Non - Housing Bond Proceeds Funding Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and the City of Palm Desert, and taking certain related actions. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XV. CONTINUED BUSINESS A. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE BY CHIPOTLE MEXICAN GRILL STORE #2501, SOUTHEAST CORNER OF MONTEREY AVENUE & DINAH SHORE DRIVE, PALM DESERT (Continued from the meeting of January 22, 2015). Ms. Aylaian stated approval of staffs recommendation will allow issuance of an Alcoholic Beverage License type 47 to the new Chipotle Mexican Grill at the Desert Gateway Shopping Center. Councilmember Harnik moved to, by Minute Motion, approve Type 47 Alcoholic Beverage License for Chipotle Mexican Grill Store #2501, allowing the on -site sale and consumption of beer, wine and spirits, and the sale of carry -out beer and wine. Motion was seconded by Jonathan. Councilman Jonathan thanked staff for answering his questions completely and thoroughly, which he appreciated. Responding to question, Ms. Aylaian confirmed Chipotle has a License 47 at Desert Crossing and a License 41 in La Quinta. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None) 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 B. CONSIDERATION OF THE ADMINISTRATION OF HEALTH AND RELATED INSURANCE BENEFITS FOR COUNCILMEMBERS (Continued from the meeting of January 22, 2015). Human Resources Manager Lori Carney stated this item was continued business, and she noted the staff report and offered to answer questions. Mayor Weber noted Mayor Pro Tem Spiegel handed out a document for the Council to read dealing with Councilmembers check and the net amount. Responding to question, Ms. Carney said staffs recommendation is to return to the system in place prior to 2012, which is that Councilmembers receive benefits in the same manner and to the same extent as employees, which is Scenario B listed in the staff report. Mayor Pro Tem Spiegel explained the document he handed out indicated the net amount on the check Councilmembers received from the City in the month of January. Mayor Weber said the net check wasn't subject to discussion, because it varied depending on deductions. Mayor Pro Tem Spiegel asked the Council if it would agree to going back to the way things were when the Council received the same benefits as its employees, as they do in all the other cities in the Valley, except for Indian Wells. Councilman Jonathan asked if staffs recommendation was based on potential concern that by not being on exact parody with employees, it may raise issues. Ms. Carney answered yes, stating that in consultation with the City Attorney, it was determined that it may be subject to challenge if it's not directly on parody with City employees. When this system was adopted, as a result of the Committee recommendation, its primary focus was on salaries. And while they attempted to create something they thought was equitable for Councilmembers, it's really an anomaly in the State of California. There isn't a system such as the one Palm Desert is currently using in any other city. Therefore, Palm Desert didn't have a guide or a bright line that it can be compared. Further responding, she said this new system was adopted in August 2012. Councilman Jonathan asked if there have been any issues raised or challenges made to the City's policy since then. Ms. Carney replied there have not. 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 Mayor Pro Tern Spiegel moved to, by Minute Motion, approve staff's recommendation (Scenario B from the January 8, 2015, staff report). Motion was seconded by Harnik. Mayor Weber said this matter could be taken back before Councilmembers were declared employees and instead provide a stipend like many cities in California, which she believed would solve a lot of this discussion. Ms. Carney explained the Council is treated as employees for certain purposes in relation to the administration of health benefits and tax withholdings as it related to the W2, but the City never declared Councilmembers to be employees, because in other areas they are legally distinct. So while councilmembers are treated as employees in many areas, they are not technically or legally employees of the City of Palm Desert. In this case, Councilmembers would have the same benefit package as employees. Mayor Weber said people would still be taking care of their own taxes, because she presumed Councilmembers were filing 1099s back when the Council received $300 a month. Mr. Gibson interjected, stating that when the City was audited by the IRS, they highlighted a rule that Councilmembers, Committee Members, and Planning Commissioners are employees of the City, as far as the IRS was concerned. He said the IRS would not allow the City to claim them as 1099s. Mayor Weber commented it was then the IRS that ruled elected officials are employees. Ms. Carney clarified elected officials are treated as employees for the purposes of administration of health benefits. Mr. Wohlmuth recalled for the Council the City used to give the Planning Commission a stipend. However, when the IRS ruled on it, the City offered the Planning Commission something in lieu of a stipend, but they declined and were satisfied just to serve. He said CVAG has been dealing with this issue in great detail when they provide a stipend to policy committees. Ms. Carney reiterated staff recommended Scenario B, which is to return to the status pre 2012 for the benefit's package, stating Councilmembers will be eligible for the same benefit package in the same manner as employees. Councilmember Harnik noted the salary would maintain to the decision previously made by the committee. Mayor Pro Tern Spiegel agreed, stating the salary was not being reviewed. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 Councilman Tanner stated Scenario B included three Councilmembers opting out and wondered how it compared to other cities on the net check amount. Councilman Jonathan discouraged focusing on the net check amount, because Councilmembers received the same gross wages, and withholdings are personal and controllable by each. His concern with Scenario B is that there wouldn't be parody and potentially three Councilmembers would have their current award in health benefits reduced from $750 to $150 a month. The end result is that three Councilmembers would be getting about $1,800 a year in health benefits, and two would be getting about ten times that amount, $15,000 and $20,000. He was concerned that the lack of parody can create grounds for conflict and dissidents, stating that for legal purposes, Councilmembers were not employees, but for tax withholdings they are. He said the current system was the recommendation of the committee and it hasn't been challenged, but if it is, like any other potential litigation, the Council will deal with it. He liked the current parody and believed it should stay in place. Councilmember Hamik asked if Scenario B was the same formula currently used by employees. Ms. Carney answered yes. Councilmember Harnik stated she didn't believe Scenario B would create dissension on the Council, and leaving it as is with the current formula, not everyone can be part of the process of serving on the Council. Maybe people can't afford to, and as previously mentioned by Councilman Jonathan, the City didn't want to create a number that causes people to be on the Council for that level of compensation, but at the same time it didn't want to create a number that would preclude people from being part of the process. Mayor Pro Tern Spiegel said the problem was that three Councilmembers have separate health insurance and therefore opted out, and because of that, they are receiving a substantial increase in salary. Councilman Jonathan remarked he was okay with a parody of zero, because he didn't think it was an employer or City's obligation to worry about someone's health insurance. Mayor Weber said she totally agreed with that statement. Councilman Jonathan stated he had previously suggested Council received a stipend in the amount of $700 or $750 a month to be used for health insurance or as cash; however, Legal Counsel indicated that was not an option. He noted there is now Obama Care and many other options available, but he didn't think individual personal needs with health insurance 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 was the City's business. However, he was in favor of having parody when looking at the overall compensation package, which included wages and health benefits, but if it was not all the same for everyone, it just wasn't right. Mayor Pro Tern Spiegel reiterated he was asking for Councilmembers to be treated as employees of the City of Palm Desert. Councilman Jonathan replied Human Resources Manager has already stated that Councilmembers were not employees other than for tax purposes. Mayor Pro Tern Spiegel said Councilman Jonathan can say whatever, but it was the wrong thing to do, stating all one had to do was look at what other cities were doing. Councilman Jonathan conveyed he wasn't opposed to being in the ball park as other cities, but it didn't make sense to go into a situation where three Councilmembers are getting less than 10% of what another Councilmember is getting as listed in the staff report (Exhibit C, Option B) where three Councilmembers receive $1,800 in benefits and another one receives more than $20,000 in benefits. Mayor Pro Tern Spiegel said all he wanted to do was to take it back to the way it was, which was fine for 18 years. Councilman Jonathan replied it didn't make it right, which is why the Council looks ahead and moves forward to try to improve. Councilmember Harnik asked if parody also included the hours worked, because she believed all Councilmembers are giving their best, and she didn't believe changing the formula would create dissension among the Council, questioning Councilman Jonathan on where his analogy on parody begin and end. Councilman Jonathan agreed all Councilmembers were doing their best for the City, and he had no idea how many hours others spent, he only knew the hours he spent on City business. He said that when he was talking about parody, he wasn't referring to hours, unless the Council wanted to start tracking them, which he didn't advocate. He said it made no sense to have five Councilmembers at five different levels of overall compensation, and that would be the result of Scenario B, which he believed could cause resentment and potential conflict. Mayor Pro Tern Spiegel made the comment that resentment already existed. EK PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 Councilmember Harnik asked if there had been resentment in the past with Scenario B. Mayor Pro Tern Spiegel replied that for 18 years there was never any resentment. Councilman Jonathan said if there were other ways to make everybody happy and have parody, he was in favor, and if that meant eliminating health benefits to avoid having this discussion every couple of years, he would be fine with it. Again, as a consequence, Council's compensation could be adjusted to whatever number so that the overall compensation package is still the same, and everyone worries about their own health insurance. Mayor Weber concurred. Mayor Pro Tern Spiegel asked Councilman Jonathan if he had compared what other cities were receiving. Councilman Jonathan responded he did and agreed Mayor Pro Tern Spiegel's point was well taken; however, it appeared to him Palm Desert was higher than some. Mayor Pro Tern Spiegel said Palm Desert was only higher than Indian Wells, stating Palm Desert's stipend is $687 and La Quinta is $1,312. Councilman Jonathan explained he was talking about the overall compensation package. Mayor Pro Tern Spiegel said this item was only about health benefits, but if Councilman Jonathan wished to talk about salary, they could, including life insurance. He went on to say Palm Desert's salary stipend is $1,912, La Quinta is $2,300, Palm Springs is $2,400, and Rancho Mirage is $2,750, stating there was no parody there. He pointed out Director of Finance stated earlier that Palm Desert had a lot of money in the General Fund. Councilman Tanner noted that with Scenario B, the City would be paying $1,000 more for less medical benefit for three Councilmembers. If the Council wanted to go back to the past, it could wipe the slate clean and offer no benefits like Indian Wells. He pointed out this City went out and sought an independent committee to put this package together for the Council, and as a result of two years ago, there was a substantial difference between one city and another. However, everyone agreed to what this Council picked up in 2012, and it went through this same issue last year. He agreed with Councilman Jonathan in having parody, but he didn't have to worry about insurance and was it fair to Councilmembers Harnik and Spiegel. He said insurance is something he chose not to pay for himself, stating he paid for it otherwise, but should he be penalized with the $1,800 as opposed to the $8,000, stating he believed everyone needed to be in the same pool. 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 Therefore, if the motion was for approval of Scenario B, he was against it and would not vote for it. Mayor Weber called for the vote and the motion FAILED on a 2-3 vote (AYES: Harnik and Spiegel; NOES: Jonathan, Tanner, and Weber). Mayor Weber said she didn't have a problem bringing this matter up for another discussion until the Council clarified what it had in mind to do about it. In other words, get rid of the health benefit altogether so that it's never an issue again. Councilman Jonathan agreed, stating the dissension he was referring to showed in the vote, and he hoped the Council can just move from here and put it away. He said the Council was fortunate to be serving the people of Palm Desert and it received, on an hourly basis, a modest compensation. Councilmember Hamik disagreed that votes such as this one necessarily meant dissension, it meant the Council was voicing their opinion, which is what they were elected to do. Going forward it's not going to influence how she treats anyone, stating this was an unfair characterization. Councilman Jonathan replied that was not his intention, apologizing if it was communicated that way. However, he still stood by his comment that he hoped the Council wouldn't have to deal with this again at any time, stating there was more important business to administer for the City and its residents. XVI. OLD BUSINESS A. RESOLUTION NO. 2015 - 10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A LARGE FAMILY DAY CARE USE PERMIT FOR A MAXIMUM OF 14 CHILDREN LOCATED AT 74085 FAIRWAY DRIVE, SUBJECT TO CONDITIONS, Case No. Large Family Day Care Use Permit 14-188 (Samantha Clark, Applicant). Principal Planner Tony Bagato stated at the direction of the Council, the two conditions that were placed on the Large Family Day Care by the Planning Condition have been removed. He offered to answer any questions. Councilman Jonathan thanked Mr. Bagato for persevering through what may have, at first glance, seem like a simple and straightforward issue, but it presented all sorts of challenges. He said Mr. Bagato along with others were able to navigate those challenges and come out with a resolution that made just about everybody happy, which is very unusual. WE PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 Mayor Pro Tern Spiegel asked if people would be crossing on Fairway Drive at the corner. Mr. Bagato said people will be allowed to cross on Fairway Drive mid -block as long as they are not impeding traffic laws. Mayor Pro Tern Spiegel asked if there are any other mid block crosswalk in the City of Palm Desert. Mr. Bagato answered no. MR. DANIEL E. OLIVIER, Attomeyforthe Applicant, thanked the Council for their favorable 4-0 vote two weeks ago, including the proposed Resolution, moving forward without the conditions, which he thought was the appropriate thing to do. He offered to answer questions about jaywalking or anything of the sort, because he did have opinions and he would be glad to offer them. Councilmember Harnik commented that at the last hearing she had requested to hear from Lt. Sullivan on the matter, and she would still like to hear from him. Lt. Sullivan thanked the Council for giving him the opportunity to make a few points from a law enforcement perspective. With respect to building a crosswalk, he hoped it was a moot point, because everyone has realized that building a crosswalk mid -block did not place a force shield around the children, and the likelihood is that drivers will ignore or violate the law with/ without a crosswalk. As a matter of fact, the Traffic Sergeant informed him the latest research indicates that when you increase traffic controls, it also increased the number of collisions. Therefore, contrary to what everybody would think, there is a movement to disassemble a lot of those complicated traffic controls. Additionally, crossing guards' work within the perimeters of a crosswalk, so a mid -block crossing with a crossing guard is a non -arguable point. At the hearing he heard discussions about jaywalking, but he noticed there was none about impeding traffic. He said California Vehicle Code Section 21954.a, states, "Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard, b) The Provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway," stating that at least with this Code, the driver can't accelerate while the children are crossing there legally. He went on to say that since July, the cities of Palm Desert, Rancho Mirage, and Indian Wells have handled 11 fatal traffic accidents in the past six months. He thanked God none of them have been children. He said many of those people who are dead right now had the right-of-way, doing the right thing for the right reason. However, at the end of the day, whether you have the right-of-way or following the law, it's literally a moot point if you're injured or killed. 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 Councilman Jonathan stated that at the last meeting the City Attorney advised the Council that crossing the street without a crosswalk from the school to the day care facility was in fact legal. Also, the Condition of Approval states, "The day care staff and children shall not impede traffic and the staff shall insure all California Vehicle Code rules, regulations, and laws are obeyed." Lt. Sullivan was asked if his opinion was similar to Legal Counsel in that crossing the street there under those conditions was legal. Lt. Sullivan replied that as soon as the vehicle is impeded or slowed down, causing the driver to maneuver left or right, than there is an infraction. He was not saying it was impossible to legally cross there, because it is possible to cross when there is no traffic. However, in this case, it was looking at crossing with 14 children. Councilman Jonathan said he understood the concern all have for the safety of pedestrians and above all the safety of children. He again asked Lt. Sullivan, if fundamentally, was it legal to cross the street there at Fairway Drive. Lt. Sullivan replied that if done properly, the answer was yes. Mayor Pro Tern Spiegel said that unfortunately, he wasn't in attendance at the last meeting, but he recalled staff had offered an alternative, one being that the City would pay half the cost for the installation of a sidewalk with the Applicant paying the other half. Mr. Bagato agreed it was an option at one point, however, the actual recommendation was for them to use the bus from Washington Charter that was offered at a cost of $5.00 per week for all the children. Mayor Pro Tern Spiegel said it sounded reasonable. Mayor Weber pointed out the bus couldn't be guaranteed, stating the bus wouldn't be available during the summer. Councilmember Harnik explained that during the summer, the children can be dropped off at the day care center, so crossing the street would not be an issue during that time. Mr. Bagato agreed, stating the bus could transport them five days a week, and Wednesday it would be a noon due to the half day, except for the summer. In the summer time there is a drop-off schedule of no more than four cars every twenty minutes to avoid traffic issues with parents dropping them off. 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 Mayor Weber recalled she heard the principal say they were offering the bus, but it's not guaranteed. Mr. Bagato replied that was not the conversation he had with the principal, stating the Applicant's representative may have stated it, but the principal told him they could do it by just letting them know and accommodations can be made as early as next week. Mayor Weber said it wasn't the Council's issue at this point. Councilman Jonathan pointed out this matter had five or six alternatives that were examined by the Council, and they all had problems and issues associated from unhappy neighbors, schedules, summer schedule, etc., stating he didn't think anyone wanted to rehash that whole meeting. He said before the Council was a Resolution that simply affirmed what was agreed upon at the last meeting, and he was prepared to move for approval. Councilman Jonathan moved to waive further reading and adopt Resolution No. 2015-10. Motion was seconded by Tanner. Councilmember Hamik stated the beauty of this process and in bringing forward a Resolution, giving the Council time discern, is for exactly that purpose, because she loss sleep over the vote. She said just because something is legal, it didn't make it a good idea. For example, driving in a blinding sandstorm is legal, but it's not a good idea. Therefore, asking elementary students to cross mid block and to understand the difference between control intersections as they go forward was questionable, and it would be teaching them a bad habit. As a parent, she would not ask her children to cross mid block. She said what will happen is that when a driver sees this group of 14 children and 3 teachers, because people are basically kind, is that they will slow down and stop, potentially causing a problem for the vehicles behind. She questioned why this Council is giving these children the ability to cross mid block. She said people can say it's legal, but legalities have to be put to the test of human thought and human reason. She reiterated it was not a good idea to have a six or seven year olds say they are crossing mid block today, and they are accompanied by adults, which would indicate to them the action has been condoned by them, so it must be okay; this was setting a bad precedence. There was the option of transporting them by bus at a cost of $5.00 a week. Originally, she thought it was $1.88 per child, but it appears there is a group rate. How wonderful and safe to have a bus drop them off right in front of the day care, and during the summer, parents can drop them off in front of the child care center. She said there was also the option of going up to an existing crosswalk to get across, which is what each of us as parents have taught our children. With the options that were offered, she doesn't know why they weren't selected instead. She said she understood what the State has said, but the State 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 didn't know Fairway Drive like she did, and she couldn't support something where it would be teaching children a bad habit, because it's not safe. Again, she believed the option of transporting the children by bus was a great idea. Therefore, she offered a substitute motion. Councilmember Harnik amended the motion to Condition the Large Day Care Center with either the use of the bus to transport the children to the day care or the use of existing crosswalks. Councilmember Harnik went on to say the Joint Powers Authority's main purpose is to insure municipalities, and their letters to the Council states it's a bad idea. She said the City pays this organization to have them help protect the City of Palm Desert, and their letter states, "to cross the street in the manner indicated as compared to using a van to carry the children to the day care facility, is an increased liability exposure." Councilman Tanner disagreed, because the children are not being taught to run across the street unprotected. He said parents are paying those teachers at that facility, not only to teach them how to cross properly by holding a rope and crossing together. They are also instructing the children to wait for an adult before crossing and/or cross at a crosswalk. There are times when you go to Lincoln School, and there are people there to cross them, yet kids are running across all the time. As stated by Lt. Sullivan, casualties can occur when one is at a crosswalk or not, protected or unprotected. He had also heard that the majority of the injuries occur in a crosswalk. He understood there was a substitute motion on the floor, but he was not in favor of it. Councilmember Harnik inquired about the teachers carrying a sign. Councilman Tanner replied he understood they could carry a slow sign. Mr. Bagato said carrying a slow sign would impede traffic; therefore, they could not carry a sign, stating it was one of the things staff discussed with the Applicant. Councilman Jonathan stated Councilmember Harnik's comments resonated with him, because he has the same concerns. However, the distinction he draws is that as a government, the Council had to be careful not to impose personal biases on people in general. For example, the same things Councilmember Harnik mentioned about crossing the street can be said about smoking cigarettes, knowing it's unhealthy and they cause lung cancer, yet it's legal. So, if somebody is smoking under the law, the Council may disagree, but the law allows them to do it. He said the Council is not to take it upon itself to restrict residents from doing something that's legal, smoking a cigarette for example. In this case, Legal Counsel and Lt. Sullivan 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 have both stated that what is being proposed is legal. The same was heard from professionals, State Licensing Board, and parents who are comfortable with the current process. He said the Council has to respect people's right to enjoy the freedoms and the perfections of those laws, stating it was dangerous to impose personal biases on others and prohibit them from doing something they are legally entitled to do. Mayor Pro Tern Spiegel questioned why not use an alternative that is safe and very inexpensive at $5.00 a week. He shared he hasn't had a cigarette in 15 years, yet he has emphysema for the rest of his life, so he wished it had been outlawed, but it wasn't. He emphasized there was an alternative that was very safe, but it seemed the consensus was to just allow them to cross mid block. However, he was not going to be responsible for a child being hurt at that mid -block crosswalk. Councilman Tanner said everyone had an opportunity to vote on the issue and the alternatives, and the only person not in attendance was Mayor Pro Tern Spiegel, yet there was a 4-0 vote. He said he understood the concerns and maybe not everyone is happy with the vote, but he was not in favor of anything other than what was approved at the last meeting. Councilmember Harnik noted the Resolution is before the Council three weeks later, giving the Council the opportunity to take a look in greater depth, stating the earlier vote didn't necessarily bind the Council's hand. Councilman Tanner agreed, commenting that two weeks has apparently changed Councilmember Hamik's opinion. Mayor Pro Tern Spiegel seconded the amended motion made by Councilmember Harnik. After seeking advice from Legal Counsel, Mr. Hargreaves suggested taking action on the first motion to expedite the vote. Mayor Weber said she was comfortable with the conditions placed on the proposed Resolution, and she suspected that if anything occurs, the Council can return to the conditions to ensure the Applicant is complying. Additionally, several parents have stated theywere perfectly comfortable with the way their children were being escorted across the street, even though all Councilmembers might not agree, the parents are comfortable with it and there are no legal ramifications for it. Mayor Weber called for the vote and the motion carried on a 3-2 vote (AYES: Jonathan, Tanner, and Weber; NOES: Harnik and Spiegel). 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 B. REQUEST FOR AWARD OF CONTRACT TO ENVIRONMENTAL PRODUCTS AND APPLICATIONS, INC., IN THE AMOUNT OF $58,792.50 FOR THE COLMAC - SOIL STABILIZATION PROJECT (CONTRACT NO. C33890C, PROJECT NO. 767-15). Mr. Greenwood stated this contract is to apply a soil stabilizer to three large sites in the north end of town. He noted 80% of the contract will be funded through grant money, and staff recommended award to a local contractor. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Waive bid irregularity; 2) award the subject contract for the COLMAC - Soil Stabilization Project to Environmental Products and Applications, Inc., La Quinta, California, in the amount of $58,792.50; 3) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $5,879.25; 4) authorize the Mayorto execute said contract —funds are available in Account No. 238-4515-442-4001 - Air Quality Management. Motion was seconded by Harnik. Mayor Weber said she has seen people working out at Dinah Shore Drive and Portola Avenue for the past several months, questioning if they have already done the work, but the contract was just now being considered. Councilmember Harnik asked if those were CMAC funds for the streets. Mr. Greenwood answered no, stating the work seen previously was the removal of dirt from Dinah Shore Drive west of Miriam, which was being deposited at Dinah Shore Drive and Portola Avenue, and the work was done by City staff. This project is to apply dust sealer to that now disturbed soil. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE PROPERTY LOCATED AT 75333 KELSEY CIRCLE NORTH (A.P.N. 634-242-019) - DESERT ROSE, PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Ms. Moore stated the subject property is owned by the Authority and before it can be sold a public hearing has to be conducted in order to hear testimony on the proposed purchase contract. Mayor/Chairman Weber declared the public hearing open and invited public testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 Councilmember/Member Harnik moved to: 1) Waive further reading and adopt Resolution No. HA - 72, approving the sale of the property pursuant to the attached draft Purchase and Sale Agreement for up to $121,710, depending on terms of the negotiated sale; 2) by Minute Motion: a) Approve silent homebuyer assistance loan in an amount that does not exceed 40% of the sales price for the homebuyerto 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; b) authorize 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; c) authorize use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, in their substantial form; d) authorize the Mayor, Authority's Chairman, and/or Authority's Executive Director, or his designee, to finalize and execute the Purchase and Sale Agreement and any ancillary documents necessary to effectuate the sale and actions taken herewith. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE PROPERTY LOCATED AT 43710 KELSEY COURT (A.P.N. 634-241-042) - DESERT ROSE, PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Ms. Moore stated the proposed property is owned by the Authority and is contemplating selling it; therefore, a public hearing must be conducted to receive public testimony on the purchase contract. Mayor/Chairman Weber declared the public hearing open and invited public testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Mayor Pro Tem/Vice Chairman Spiegel moved to: 1) Waive further reading and adopt Resolution No. HA - 73, approving sale of the property pursuant to the attached draft Purchase and Sale Agreement for up to $131,512, depending on terms of the negotiated sale; 2) by Minute Motion: a) Approve silent homebuyer assistance loan in an amount that does not exceed 40% of the sales price forthe 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; b) authorize 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; c) authorize use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, in their substantial form; d) authorize the Mayor, Authority's Chairman, 27 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 and/or Authority's Executive Director, or his designee, to finalize and execute the Purchase and Sale Agreement and any ancillary documents necessary to effectuate the sale and actions taken herewith. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XVIII. REPORTS AND REMARKS A. CITY MANAGER City Manager Meeting Summaries for the Period of January 12-30, 2015. Mr. Wohlmuth called attention to the printed report appearing in the agenda packets and offered to answer questions. With City Council concurrence, the Meeting Summaries were received and filed. 2. International Sports Festival (Senior Games) Mr. Wohlmuth reported that this morning at 9:00 a.m., Desert Recreation District, in partnership with the City, opened the 2015 International Sports Festival (Senior Games). There are over 1,200 participants this year, many from out of town visiting Palm Desert during the Games. He said there will be events going on all weekend at various facilities throughout the City, and he encouraged everyone to visit any of the contests, such as pickleball, swimming, or table tennis. In answer to Mayor Pro Tern Spiegel's question about how Palm Desert could be host to the State Championship Games, Senior Management Analyst Ryan Stendell responded that it is decided by the state governing organization and would depend upon what weekend is assigned to the City for this purpose. He added that Palm Desert is the very first event of the California State Senior Games circuit. Upon further question, he agreed to look into how the championship event could also be brought into the City. Councilmembers agreed that it was an idea well worth pursuing. B. CITY ATTORNEY None PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 C. CITY CLERK 1. Consideration of the Appointment of a Voting Delegate and/or Alternate for the Southern California Association of Governments General Assembly to Be Held May 7-8, 2015, at the J. W. Marriott Desert Springs Resort & Spa, Palm Desert. Ms. Klassen noted the subject request and asked Councilmembers for their preference about appointing a Voting Delegate and/or Alternate. She said just prior to today's meeting, it was noted that Councilmember Hamik serves on the SCAG Executive Board as an appointee of the Riverside County Transportation Commission (RCTC). However, staff believed that her membership on the Board was specific to RCTC; and, therefore, it was unlikely that she could also represent the City in this capacity, but it would be the Council's pleasure of how to respond. Councilmember Hamik felt it would be a good idea for the City to have an Alternate Representative at the General Assembly if she was unable to vote for Palm Desert. Mayor Weber noted that she served as an Alternate to Councilmember Harnik last year; although, at that time, Councilmember Harnik wasn't also a representative of RCTC to SCAG. Councilmember Harnik offered that this year's was a very important celebration, as it was SCAG's 50t" Anniversary, along with it being held at Palm Desert's J. W. Marriott Desert Springs Resort & Spa, and she was sure Mayor Weber would be in attendance to welcome all the attendees. She also felt it was important that Palm Desert be well represented at the event. Upon inquiry by Mayor Weber about if it was known whether or not Councilmember Harnik could vote on the City's behalf in addition to being RCTC's Member of the Governing Board at the General Assembly, Mr. Wohlmuth said he'd tried to confirm the answer prior to convening earlier today. However, no one at SCAG was available to answer at the time he called, and he left a message for follow-up. But he believed there was sufficient time between now and May 7 to ascertain the information. Further responding, he recommended Council appoint an Alternate Delegate and that they be prepared to then participate on the City's behalf. He went on to confirm that he would have the answer about who could vote well before May. 29 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 Mayor Weber offered that the Council could also go ahead and appoint a Voting Delegate and an Alternate to solve any potential issues, and she volunteered to be the Delegate. Councilman Tanner said he also planned to attend and volunteered to be the Alternate. On a motion by Spiegel, second by Tanner, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), Mayor Susan Marie Weber was appointed to be the City's Voting Delegate to the SCAG General Assembly May 7-8, 2015, in Palm Desert, and Councilman Van G. Tanner to be the Alternate Delegate. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor's Meeting Summaries Report for the Period of January 10-30, 2015. Mayor Weber called attention to the printed report provided in the agenda packets and offered to answer questions. She pointed out that she attended the grand opening of the new headquarters for SunLine Transit Agency, and everyone should be very grateful to Mayor Pro Tern Spiegel for his hard work on the SunLine Board. She said it's a beautiful new building, all were very happy to be in it, especially after she learned that they'd been in the temporary trailer facilities for 30 years, with the trailers being used and not brand new when they moved into them. She invited all to go out and see it when they had the chance. With City Council concurrence the Mayor's Meeting Summaries were received and filed. 2. City Council Requests for Action: a) American Lodging Investors Summit (ALIQ - Councilmember Harnik asked for a report back from the ALIS Conference that was attended by Assistant City Manager Acosta and Director of Economic Development Martinez attended in January. W, PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 3. City Council Consideration of Travel Requests and Reports: None 4. City Council Committee Reports: a) CVAG Public Safety Committee — Mayor Pro Tern Spiegel said he'd forwarded to his colleagues a copy of the comments from the Public Safety Committee Meeting regarding Proposition 47. He said it was a real disaster and important for everyone to work on getting it corrected in the coming months. In answer to question about how this could be approached, he said the City Manager would need to schedule a meeting of the Legislative Review Committee to review the proposed clean-up legislation and take a position to support or oppose. Councilmember Harnik added that Councilmembers could also spread the word on this issue through their various positions on other Committees and Commissions and ask that they do the same to generate as much support as possible. Mayor Pro Tern Spiegel went on to elaborate that some of the issues surrounding passage of Proposition 47 were that date rape drugs were now classified a misdemeanor, as was gun theft. Councilman Jonathan agreed and said as a new appointee to the Cove Communities Public Safety Commission, he would see what could be done through that body. b) Riverside County Transportation Commission Workshop — Councilmember Harnik reported that she recently attended a two-day RCTC Workshop, which she found to be very valuable, especially the information that can be applied to the City's current General Plan Update process. Additionally, she said they worked on the Regional Transportation Plan, which is State -mandated and must be submitted, along with the Sustainable Community Strategy. She said it was a very productive two days. c) Southern California Association of Governments — Councilmember Harnik commented that she recently traveled to Los Angeles on behalf of SCAG to participate in a Southern California Economic Development Roundtable Discussion with a director from the Governor's Office of Business and Economic Development. She said it was a full day of information that she brought back to use in the General Plan process. 31 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 d) CVAG Energy & Environmental Resources Committee — Councilman Tanner attended today's lunch meeting where it was learned that there are a couple of additional funding sources for solar under the PACE (Property -assessed Clean Energy) Program. He said 1 st Funding has $300 million available for both residential and commercial, and Patriot is also introducing, basically, the same type of program for residential and commercial. He said it was requested that Ygrene increase their fees from 3% to 6.9%, but it received no support and was defeated. He said it was an informative meeting, with that being the only action item. 5. City Council Comments: a) Tour of 29 Palms Marine Corps Air Ground Combat Center — Councilmember Harnik commented that she and Councilmen Jonathan and Tanner, along with a few key City staff members, traveled to the base and received an excellent reception and tour. She said it was very interesting, fun, and eye-opening to see the types of training the young men and women do to protect the country and was a great experience. Councilman Jonathan concurred that the visit to the 7th Regiment of the 1 st Marine Division at 29 Palms was absolutely amazing. It was his hope that in the future the City looks for ways to solidify the relationship and get creative to bring a little light and joy to the fine men and women serving us at their own risk. Mayor Pro Tern Spiegel noted that when the base hosts the Silent Drill Team from Washington, D.C., the City would be invited, because he'd seen it in the past and was magnificent. He said also when they have a change of the general commander, Councilmembers are invited. Councilman Jonathan appreciated the information and also hoped that the Marines and Sailors and their families could come to the City for a nice break — experience Desert Willow or the Aquatic Center. Councilmember Harnik also suggested hosting some of them at Thanksgiving. 32 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2015 6. Suaaested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT Upon a motion by Tanner, second by Spiegel, and unanimous consent of the City Council, Mayor Weber adjourned the meeting at 5:47 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 33