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HomeMy WebLinkAbout2007-06-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 28, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:06 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilmember Cindy Finerty Councilman Robert A. Spiegel Mayor Richard S. Kelly Excused Absence: Councilman Jim Ferguson Also Present: Justin McCarthy, Acting City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Mark Greenwood, Acting ACM for Development Services Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Lauri Aylaian, Director of Community Development Patrick Conlon, Director of the Office of Energy Management J. Luis Espinoza, Acting Director of Finance/City Treasurer Frankie Riddle, Director of Special Programs Travis Witten, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./CDF Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, added the following item for Closed Session Consideration. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, Ltd., v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC053903 With City Council concurrence, Mayor Kelly adjourned the meeting to Closed Session at 3:07 p.m. He reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Robert A. Spiegel VII. INVOCATION - Mayor Pro Tem Jean M. Benson VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE ELLIOTT SMITH FOR HIS CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS YOUTH COMMITTEE. On behalf of the City Council, Mayor Kelly asked Senior Management Analyst and staff liaison to the Youth Committee Patricia Scully to come forward and present an engraved crystal clock to Mr. Smith in appreciation for his service to the Youth Committee, including the last two years as its Chair. Ms. Scully related how much she had enjoyed getting to know and 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 working with Mr. Smith, thanked him for his leadership, and wished him all the best in his future. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 14, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 256, 257, 258, 262, 263, and 264. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#584) by Richard Landis in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for March 2007 and April 2007 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Murph's Gaslight Palm Desert, 73-155 Highway 111, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Romano's Macaroni Grill 164, 72-920 Highway 111, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by TJ Fresh Baja Grill, 72-785 Highway 111, Suite B1, Palm Desert. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meetings of May 1, and May 15, 2007. 2. Public Safety Commission Meetings of April 11, and May 9, 2007. 3. Youth Committee Meeting of May 1, 2007. Rec: Receive and file. I. REQUEST FOR APPROVAL of Agencies to Provide Temporary Staffing Services to the City of Palm Desert for Fiscal Year 2007/08. Rec: By Minute Motion, identify and pre -approve the named agencies in the accompanying staff report to provide temporary staffing services to the City on an as -needed basis for FY 2007/08. J. REQUEST FOR AUTHORIZATION to Submit Applications for Congestion Mitigation and Air Quality (CMAQ) Funds for Various City Projects in Response to CaII for Projects by the Coachella Valley Association of Governments (CVAG). Rec: By Minute Motion, authorize the Director of Public Works to sign and submit the applications for CMAQ funds for various City projects, as enumerated on the accompanying staff report, in response to call for projects by CVAG. K. REQUEST FOR APPROVAL of Street Sweeping Services for State Highways in Palm Desert Rec: By Minute Motion, accept street sweeping services by CleanStreet, Gardena, California, for the State Highways in Palm Desert at the reimbursement rate of $21.75/curb mile. L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C25510 — Civic Center Security System. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $1,252.80 to the subject contract with D/A Pacific, Inc., Palm Desert, California, for the rental of a man lift to complete security system upgrades; 2) authorize the Director of Finance to transfer said funds from contingency to base contract for this Change Order. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26130 — Completion of the City of Palm Desert Trails System (Michael Schuler, Palm Desert, 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. N. REQUEST FOR EXTENSION of Contract for Shopping Cart Retrieval Services (Contract No. C24112). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. O. REQUEST FOR APPROVAL of Renewing Contract for City of Palm Desert Membership in the Coachella Valley Employment Relations Consortium (Contract No. C21523). Rec: By Minute Motion, approve renewal of the subject contract with Liebert Cassidy Whitmore, Los Angeles, California (LCW), authorize the City Manager to sign the proposed contract with LCW, and authorize payment of the annual membership fee of $3,625 before August 1, 2007. P. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C25450 — Advertising Services for the El Paseo Business Improvement District. Rec: By Minute Motion, approve Amendment No. 1 in the amount of $35,000 to the subject contract with Creative I Group, Palm Desert, California, for additional advertising during Spring 2007 events — funds are available in Account No. 271-4491-464-3215. Q. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 31377 (Coachella Valley Land Company, Inc., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security for Tract No. 31377. R. REQUEST FOR APPROVAL of Parcel Map No. 34843 (Pacific Pointe Partners, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 07-42, approving Parcel Map No. 34843. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 S. REQUEST FOR RATIFICATION of City Manager Approval for Use of Cal COPS Grant Funds. Rec: By Minute Motion, ratify City Manager approval of Cal COPS Grant Funds expenditure in Fiscal Year 2006/07 in the amount of $1,134 for completion of the purchase of Palm Desert Police Department patches. Councilmember Finerty asked that Item N be removed for separate consideration under Section XI, Consent Items Held Over. Upon motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, the remainder of the Consent Calendar was approved as presented. XL CONSENT ITEMS HELD OVER N. REQUEST FOR EXTENSION of Contract for Shopping Cart Retrieval Services (Contract No. C24112). Councilmember Finerty stated that according to Risk Manager Gary Rosenblum's staff report, the City currently did nothing to prevent carts from being taken and abandoned and no program was in place to contact the retailer for their cooperation. In addition, the staff report indicated that retailers who didn't contract for the service were having their carts retrieved and subsidized by the City. She said the amount of carts dealt with on a monthly basis was listed on the Monthly Shopping Cart Retrieval Summary included in the staff report, noting that Target had 38 carts retrieved and Walgreens had 33. She wondered if Mr. Rosenblum thought it would be worthwhile to adopt a program where the merchants were held responsible for their carts and suggested he prepare a report for Council with a list of retailers that weren't contracting for the service so that they could be informed it will no longer be subsidized by the City. Mayor Kelly asked if Councilmember Finerty was proposing that the retailers contribute to the cost. Councilmember Finerty responded the City was currently paying $4.50/cart and she was proposing the City have a program where the merchants are held responsible for the cost rather than the City. Responding to question about whether to charge the retailer, she said she didn't know. She said she wanted staff to come up with a program, because there was currently nothing in place and no ordinance requiring retailers to prevent their carts from being taken and abandoned. It seemed to her the City should do something. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 Mr. Rosenblum stated the issue of shopping carts and the relationship of what cities could do to recover costs was covered under State law. In consultation with the City Attorney, it was determined the City would not be within the guidelines of State law if the cost was passed on to the retailers. He said the retailers had certain protections, which required the City first impound the cart, notify the owner, and provide the owner three days to respond. If the cart was not picked up within three days from being notified, the City could then issue a fine, but only after the third incident. He said in the interest of having a single unified coverage in the entire State for all the retailers, it came up with this law. Mayor Kelly stated it was cheaper to just pay $4.50/cart. Mr. Rosenblum said he would be happy to investigate the idea of a fee schedule that could be tied to an annual business license renewal. He said he and the City Attorney tried working that out before, but maybe it could be explored again to tie in with the State Law. In the meantime, all the City could do was encourage retailers to put some type of program to retrieve their carts. Some cities had ordinances that required certain types of shopping carts that couldn't be taken off the property, like electronic smart carts. However, the options were limited. Councilmember Finerty asked if he had learned about this information after he submitted his staff report. Mr. Rosenblum responded the information was in his original report when the City first started the cart retrieval service two years ago. Councilmember Finerty asked if at this point, the recommendation was to allocate $17,000 annually. Mr. Rosenblum answered it was. Mayor Kelly offered that at least approval could be granted until the City came up with an alternative. Mr. Rosenblum reiterated he could investigate other options to attempt to recover costs that were within the State law and return with a report. Councilman Spiegel said he thought the problem was not the fault of the retailer but of the customers who either took the cart to their home or left it at the bus stop, because they didn't drive to the store. He thought for the amount of retail business the City did, $17,000 was cheap. Mayor Kelly said he read about a big store that required a dollar to be paid to get a cart, and when the cart was returned to the central location, they got their dollar back. He supposed the store would have to do that on their own. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 He said the store with the worst problem was the 99 Cent Store. He recalled this issue being discussed before, and it was decided at that time, in order to get the carts off the street, the City would pay for the cart retrieval service. Councilmember Finerty moved to, by Minute Motion, approve a one-year extension to the subject contract with California Shopping Cart Retrieval Corporation, Citrus Heights, California, at the rate of $4.50/cart, with additional direction for staff to return to the City Council with any recommendations that could be incorporated within existing State Law relative to shopping cart retrieval in the City — funds are available in the FY 2007/08 Budget, Account No. 110-4260-422-3090. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1139 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.28.010 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA — CITY COUNCIL SALARIES. Councilmember Spiegel moved to waive further reading and adopt Ordinance No. 1139. Mayor Kelly seconded the motion. Mayor Pro Tem Benson stated she would vote in favor of the subject Ordinance against her better judgement. She noted her statements were made at the last meeting as to why, but in the absence of Councilman Ferguson, the Ordinance would only be delayed two weeks because it was majority rule. Therefore, under the circumstances, she would vote in favor. She pointed out this item would be included with the Budget that would be approved later this evening. Mayor Kelly called for the vote, and it carried by a 3-1 vote, with Finerty voting NO and Ferguson ABSENT. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF A CONTRIBUTION FROM THE FISCAL YEAR 2007/08 BUDGET FOR THE EAST VALLEY MEMORIALS FOUNDATION, INC. MR. MICHAEL T. PIERSON, stated he was the first Vice President of the East Valley Memorials Foundation, Inc. He thanked the Council for their contribution for the new Memorial Day ceremony area and monument at the Coachella Valley Cemetery that would finally recognize the 82 men from the Coachella Valley who served from World War I to present. He said he was also a member of the VFW Post 3699 in Indio and their Post was named in honor of Bill Hunnington. In his research of Mr. Hunnington, he learned that records were burned in a fire, and it disturbed him that as VFW members, they didn't have any information on Mr. Hunnington or any other members, including General George Patton, who was a member there from 1944 until his death. He joined with another gentleman and started holding organizational meetings coming up with enough concern to create the East Valley Memorials Foundation. The new Memorial Day ceremony area and monument at Coachella Valley Cemetery will be their primary project. The Foundation is doing biographies on all the 82 men and intend to put their life's history, photographs, military records, and interviews with their families on CDs. Those CDs will be made available free of charge to the Coachella Valley's historical societies, City Councils, and all school classrooms. He went on to say the contributions received by the City of Palm Desert, City of Indio, and $25,000 from Supervisor Wilson, will help make this memorial happen, and all will have a better appreciation of who those 82 wonderful men are. MS. LOUISE M. NEELY, Palm Desert, CA, stated she was a pioneer born and raised in the Coachella Valley. She expressed her appreciation to the Council for their contribution. She said the Herman Granados Post was named after her brother; he was the first veteran killed in the Coachella Valley. Her brother, along with 17 other family members (brothers and cousins), served in the Second World War. She said children that lived in Palm Desert, Rancho Mirage, Indio, and La Quinta all attended the little schoolhouse in Indian Wells until Roosevelt School in Indio opened up in 1927. She thought it was important to know that all those youngsters who attended the schoolhouse in Indian Wells became veterans. MR. ASHLEY THOMAS MCDERMOTT said he was a Professor of Astronomy Emeritus at College of the Desert and lived in Palm Desert for 42 years. He said he and his wife Kate noticed several months ago that with the exception of Palm Desert and a small memorial in Indian Wells to Dwight Eisenhower, there were no other memorials in the Coachella Valley for its 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 veterans. He was glad to hear a set of statues would be installed at Freedom Park on Veterans Day. He said the East Valley Memorials Foundation was founded with the express purpose, and under the leadership of Mike Pierson, to provide a memorial area in the Coachella Valley Cemetery; it will have a series of memorials with flag poles to honor veterans both alive and dead in a location that was suitable for celebrations. He thanked the Council, Mayor Kelly, and Mr. Ortega for their support. Councilman Spiegel moved to, by Minute Motion, approve a contribution in the amount of $25,000 to the East Valley Memorials Foundation for the purpose of constructing a memorial to honor those Coachella Valley residents who died serving our country. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. Mayor Kelly thanked all the speakers for the work they were doing. B. REQUEST FOR APPROVAL OF AN ADDITION TO THE FISCAL YEAR 2007/08 BUDGET FOR FOUNDATION FOR THE RETARDED OF THE DESERT. MRS. CHRIS MURPHY expressed her gratitude to the Council for all the support given to the Foundation over the years and realized that Palm Desert went far beyond what others did, and their 700 clients also appreciate it. She said they worked hard to right their financial ship, and things looked good for the following year. She noted how Palm Desert helped the McCallum Theatre, College of the Desert, and several other non-profit organizations in the past, that were now well established and hoped the Foundation to be among them in years to come. Councilman Spiegel moved to, by Minute Motion, add $50,000 to the FY 2007/08 Budget to assist Foundation For The Retarded in providing services to Palm Desert residents served by the Foundation. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. C. REQUEST FOR EXTENSION OF CONTRACT FOR ADVERTISING SERVICES FOR THE CITY OF PALM DESERT FOR FISCAL YEAR 2007/08 AND AUTHORIZATION TO SEEK BIDS FOR ADVERTISING SERVICES IN FISCAL YEAR 2008/09. Councilman Spiegel noted the subject contract was reviewed by the Marketing Committee, which unanimously agreed to renew Full Gallop Marketing Communications for one year, and in the meantime, go out to bid to see if anything was available for the following year. Councilman Spiegel moved to, by Minute Motion, concur with the recommendation of the Marketing Committee and: 1) Approve a one-year extension of the subject contract 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 with Full Gallop Marketing Communications (Contract No. C23412) in the amount of $96,300 and authorize the Mayor to execute same; 2) direct staff to begin the bid process in January 2008 for Advertising Services - FY 2008/09. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. D. REQUEST FOR EXTENSION OF CONTRACT FOR PRINTING OF THE MONTHLY "BRIGHT SIDE" NEWSLETTER FOR FISCAL YEAR 2007/08 (CONTRACT NO. C25441). Councilman Spiegel stated this item was also reviewed by the Marketing Committee, which unanimously recommended approval. Councilman Spiegel moved to, by Minute Motion: 1) Approve a one-year extension of the subject contract for monthly printing of the BrightSide newsletter to include a 4.5% increase for a total amount of $5,173.76/month for FY 2007/08, as provided for in the contract; 2) authorize the Mayor to execute same — funds are available in Account No. 110-4417-414-3610. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. E. REQUEST FOR APPROVAL OF POSTAGE EXPENDITURE FOR THE MONTHLY "BRIGHT SIDE" NEWSLETTER FOR FISCAL YEAR 2007/08. Mayor Pro Tem Benson moved to, by Minute Motion, approve the expenditure of $60,000 to the United States Postal Service to cover 12 months of postage for the monthly BrightSide Newsletter — funds are available in Account No. 110-4417-414-3660. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. F. REQUEST FOR APPROVAL OF THE PRESIDENTS' PLAZA I (EAST/WEST) PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET FOR FISCAL YEAR 2007/08. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 07-43 approving the Presidents' Plaza I Business Improvement District Annual Budget for FY 2007/08; 2) Resolution No. 07-44, ordering the levy and collection of assessments for the Presidents' Plaza I Property and Business Improvement District for FY 2007/08. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. G. REQUEST FOR APPROVAL OF PRESIDENTS' PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET FOR FISCAL YEAR 2007/08. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 07-45, approving the Presidents' Plaza III Property and Business Improvement District Annual Budget for FY 2007/08; 2) Resolution No. 07-46, ordering the levy and collection of assessments for the Presidents' Plaza III Property and Business Improvement District 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 for FY 2007/08. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. H. REQUEST FOR APPROVAL. OF THE ANNUAL BUDGET FOR THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2007/08. Councilmember Finerty moved to waive further reading and adopt Resolution No. 07-47, approving the Alessandro Alley Property and Business Improvement District Annual Budget for FY 2007/08. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. Mayor Pro Tem Benson stated different items for Alessandro Alley had been approved, and she wondered when the project would get started. Mr. McCarthy responded staff would be presenting to Council an acquisition strategy and some items for consideration in the near future to start the project. Project Administrator Bryce White added with respect to the Alessandro Alley project itself, it's gone through the Architectural Review Commission (ARC) approval process, the Landscape Beautification Committee, and the engineering was nearly complete. Staff was now moving into the process of acquiring parcels with Council approval, which was scheduled for Closed Session at the next City Council meeting. I. REQUEST FOR AUTHORIZATION OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2007/08. Councilman Spiegel moved to waive further reading and adopt Resolution No. 07-48, authorizing the levy of a special tax in Community Facilities District No. 2005-1 (University Park) for FY 2007/08. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. J. REQUEST FOR AWARD OF CONTRACT, FOR CONSULTANT DESIGN SERVICES FOR MISCELLANEOUS DRAINAGE IMPROVEMENTS IN THE CITY OF PALM DESERT (CONTRACT NO. C26670, PROJECT NO. 520-05). Councilmember Finerty moved to, by Minute Motion: 1) Award the subject contract to AAE, Inc., Brea, California, in the amount of $194,795; 2) appropriate $129,863 from the Unobligated Drainage Fund 232 to the project account; 3) allocate $64,932 from Fund 420 to the project account; 4) authorize the Mayor to execute said contract. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE PURCHASE OF COMPRESSED NATURAL GAS (CNG) FUEL FOR FY 2007/08 (Continued from the meeting of June 14, 2007). Councilman Spiegel stated he had spoken with SunLine Services and didn't think they could beat Clean Energy's price. Councilman Spiegel moved to, by Minute Motion, approve the purchase of CNG from: 1) Clean Energy, Seal Beach, California, as the primary source; 2) SunLine Services Group, Thousand Palms, California, as an alternative source only — funds have been budgeted in Account No. 110-4331-413-2170. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C23290C1 — INSTALLATION OF NORTH CARPORTS PHOTOVOLTAIC SYSTEM. Councilman Spiegel stated that prior to this evening's meeting, Council saw a preview of the new Palm Desert High School that's going to be built in 2011. At that meeting, he asked if the school was planning to install photovoltaic panels, and the response was no, because they were prohibitively expensive. Mr. Conlon replied he will have investors talk to staff at Desert Sands Unified School District (DSUSD) about a Purchase Power Agreement, an investment where the school would install the solar panels at no cost to the District. In the tax write-offs, the School District is guaranteed a low utility cost and still receives the benefits of the photovoltaic power. He said he and Mr. McCarthy spoke after the PDHS Study Session and talked about a strategy so that DSUSD wouldn't have to pay for it. Mayor Kelly asked what the City did for the builder in Palm Desert who installed photovoltaic panels. Mr. Conlon replied the City currently didn't have anything to offer the developer or homeowner who wanted to install a solar system on their house or business, other than what's offered through the California Solar Initiative Program. Staff was in the process of developing a Palm Desert Solar Program that would be presented to Council in August or September 2007. Upon further question, he said the program would provide additional incentives to homeowners and business owners above and beyond what the 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 State of California would rebate, and staff was also researching a low-cost financing program to help finance the installation of a solar system. Mayor Kelly stated it seemed the obvious thing for the City to do to encourage conservation of energy, with the big opportunity to use solar panels, was to subsidize them. He said he wanted to see something sooner rather than later. Mr. McCarthy said in the near future, staff would be making some modifications to the City's Home Improvement Program that low -moderate income homeowners were eligible for. Some of the modifications proposed include energy conservation, solar system, and an air conditioning program. Mayor Kelly stated at the present time, he was only interested in new buildings. Mr. Conlon agreed to provide a report soon. Upon further question, he also agreed to follow up with DSUSD on the solar panels and report back. Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 in an amount not to exceed $96,254.10 to the subject contract with Carlson Solar Electric Systems, Hemet, California, for the installation of a new rack system and 192 additional solar panels, supplied by the City, on the Civic Center main parking shade cover; 2) authorize the use of $46,415.77 project contingency funds for the subject contract; 3) authorize the transfer of $49,838.33 from Account No. 400-4511-422-3911 to the base contract for this expenditure. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AMENDMENTS TO TITLE 25 (ZONING) AND TITLE 26 (SUBDIVISIONS) OF THE PALM DESERT MUNICIPAL CODE RELATING TO RESIDENTIAL CONDOMINIUM CONVERSION APPROVALS Case No. ZOA 06-02 (City of Palm Desert, Applicant). Councilman Spiegel observed that if condominiums are built, the conversion can go both ways, they can be rented or sold as condominiums; but if built as apartments, they couldn't be converted, and they couldn't be sold until the apartment rental rate was low in the City. Ms. Aylaian stated the City currently did not have regulations or restrictions governing the conversion from apartments to condominiums. Any apartment owner could easily convert from apartments to condominiums. Staff was proposing having some controls and regulations on that process, so that Palm Desert didn't end up being a City with no rental units available as an 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 option. The subject Amendment will also allow staff to govern the quality of the construction and maintenance of the facility and be able to disclose those conditions to potential buyers. Further, it allowed the City to provide some protection and relocation assistance to people who are living in apartments and cannot afford to buy them and helps ensure those individuals will be situated in another location where they can rent within the City. Councilman Spiegel asked if approval of the Amendment will force the developer who's building apartments to make them condominiums and rent them, then switch over without having to go through the whole process. Ms. Aylaian replied there were factors that went beyond the City's scope that determine whether the developer wanted to build condominiums. One of those right now was the litigation surrounding condominium/apartments; it was pretty horrific for the first ten years. She said frequently, you'll see developers who want to build apartments because they're exposed to less risk, then convert after ten years. Other factors are the availability of single- family detached home product on the market at an entry-level rate. If there was enough product, then developers wouldn't want to build condominiums, because there was a surplus of single-family detached homes that were affordable. Developers won't build condominiums, they would prefer the apartments, just because condominiums didn't compete well with a stand-alone single-family property. Those are things the market for apartment construction will respond to that are independent of what the City did or of conditions that are specific to the City. Mayor Pro Tem Benson stated her concern was that if apartment owners converted to condominium, then there wouldn't be enough apartments for people that needed them, like in San Diego. She wondered what type of guideline Palm Desert used, such as population vs. working people. Ms. Aylaian replied the City looked at the current rental vacancy rate within apartment units in the area. If there were enough rental units available, and it was greater than 5% vacancy, the City would then consider conversion. If there were too few vacancies, the City would not permit conversion in order to ensure the City maintained a stock of rental properties within the community. Mayor Pro Tem Benson asked if there was something in the formula that protected working people and helped the lower income apartment rentals as well. Ms. Aylaian responded the City provided protection for rental units that had covenants restricting them as affordable for low -moderate income families. Those units are protected so that they are not lost but maintained as 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 affordable units. However, there was nothing that looked at the overall price point of the apartments that ensured they would not be converted, other than the overall vacancy in the City. Upon further question, she said conversion requests were reviewed on a case -by -case basis. Mayor Kelly declared the public hearing open and invited anyone who wished to speak on the subject Ordinance to do so at this time. With no testimony offered, he declared the public hearing closed. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1140 to second reading, approving an amendment to Title 25 (Zoning) to add Chapter 25.112, Residential Condominium Conversions, and an amendment to Title 26 (Subdivisions), relating to the approval of the conversion of existing multi -family residential development to condominium ownership. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. Mayor Kelly commented the Ordinance was well put together, and the Planning Commission did a great job. He said it went a lot smoother than he thought it would and congratulated staff and everyone involved. B. REQUEST FOR APPROVAL OF THE PALM DESERT POLICE DEPARTMENT REQUEST FOR JUSTICE ASSISTANCE GRANT (JAG) FUNDING PROPOSAL FOR FISCAL YEAR 2007/08. Mayor Kelly asked if the squad cars were equipped with noise -measuring equipment to respond to 900 complaints regarding noise to be able to issue a citation. Lt. Frank Taylor answered they were not. Responding further, he said the Justice Assistance Grant, which the Department applied for every year through the Edward Byrne Memorial Fund, was specific to items they could purchase and this year it was focused on school safety and school resource officer initiatives. The Department was eligible for $16,956 this year and was requesting the purchase of two Segways for their resource officers at the Middle School and High School . In response to question about effectiveness of the Segways in a school setting, Lt. Taylor replied the Segways were currently being used in Temecula and were also used at Palm Desert's graduation events at both the Middle and High Schools. He received rave reviews about the Segways and the officers experienced a lot of close contact with the students and the parents in attendance at the graduations. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 Mayor Kelly declared the public hearing open and invited anyone who wished to speak on the matter to do so at this time. With no testimony offered, he declared the public hearing closed. Councilman Spiegel moved to, by Minute Motion, concur with the Palm Desert Police Department's proposal to accept approximately $16,956 in Edward Byrne Memorial - Justice Assistance Grant (JAG) Funds for FY 2007/08 to fund the purchase of two (2) Segway Electronic Personal Assistive Mobility Devices for Palm Desert's two School Resource Officers and thirty (30) digital recorders to be used by field personnel to document interviews and contacts through criminal investigations at the patrol level. Motion was seconded by Finerty. Mayor Kelly stated he would vote no on this item and continue to do so on any future items the Police Department submitted until the City had sound measuring equipment on squad cars so that officer could give out citations. Councilman Spiegel said perhaps the Police Department could return with a request for those measuring devices. Mayor Pro Tem Benson noted that maybe funds from this grant couldn't be used for that type of equipment. Mayor Kelly said he would vote no on any future purchases submitted by the Police Department, on principle, until the measuring equipment for noise was on the squad cars. He felt the City was expending its efforts in other areas where there were no problems and not taking care of the one that did exist. Mayor Kelly called for the vote, and the motion carried by a 3-1 vote, with Kelly voting NO and Ferguson ABSENT. C. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 2007/08 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Mayor/Chairman Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilman/Member Spiegel moved to: 1) Waive further reading and adopt City Council Resolution No. 07-49, adopting a City Program and Financial Plan for the Fiscal Year July 1, 2007, through June 30, 2008; 2) waive further reading and adopt City Council Resolution No. 07-50, establishing the Appropriations Limit for Fiscal Year 2007/08; 3) waive further reading and adopt Redevelopment Agency Resolution No. 540, adopting 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 a Redevelopment Agency Program and Financial Plan for the Fiscal Year July 1, 2007, through June 30, 2008; 4) waive further reading and adopt Housing Authority Resolution No. HA-34, adopting a Housing Authority Program and Financial Plan for the Fiscal Year July 1, 2007, through June 30, 2008; 5) by Minute Motion, approve the Out -of -State Travel for FY 2007/08 as listed in the accompanying memo; 6) by Minute Motion, reclassify Parks Maintenance Workers and Supervisor, and add one Park Inspector Position, as enumerated on the accompanying staff report. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. Councilman/Member Spiegel moved to waive further reading and adopt City Council Resolution No. 07-51, setting the Salary Schedule, Salary Ranges, and Allocated Classifications for FY 2007/08, as amended to include City Manager Salary of $120.19/hour. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of City Council Study Session on Thursday, July 12, 2007, at 2:00 p.m. with California State University, San Bernardino, Regarding the Palm Desert Campus. Mrs. Klassen called attention to the reminder. D. PUBLIC SAFETY o Fire Department None o Police Department None 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: o City Council Committee Reports: 1. Multiple Species Habitat Conservation Plan (MSHCPI — Councilmember Finerty stated she would be attending LAFCO's (Riverside County Local Agency Formation Commission) revisiting of the MSHCP on July 12, prior to the Regular City Council Meeting that day. 2. Water Svmposium — Councilmember Finerty reported that she attended the Symposium on June 15 where Supervisor Wilson described the water situation as "grim and grimmer." She also learned about the significant repairs that must be made to the area's delta in order for the water to flow from north to south. o City Council Comments: 1. Councilmember Finerty thanked members of the Fire Department's Station Nos. 33 and 71 for their hospitality and the heartwarming and educational experience she obtained while riding along with them on calls recently. She said the calls at Station No. 33 included a car accident, fire in a trash dumpster, and an alarm in an air conditioning unit. At Station No. 71, most of the calls were for medical issues at the Carlotta, Brighton Gardens, and Palm Desert Greens. One of the comments she heard then witnessed herself was that drivers will not yield to emergency vehicles; she felt it would be an appropriate story in an upcoming Bright Side newsletter to remind residents that every second counts when an emergency response vehicle is on the move. Additionally, she said the firefighters expressed concern that speed bumps/humps slow response time; and in the case of a full arrest, 60 seconds can make a huge difference in someone's quality of life. 2. Mayor Kelly invited his colleagues to help celebrate the 50th Anniversary of Keedy's Fountain Grill in Palm Desert at 3:00 p.m. on Saturday, June 30. He said the City was presenting the owners with a framed proclamation and a key to the City and that hamburgers would be sold there that day for their original cost 50 years ago. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2007 XIX. ADJOURNMENT Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Kelly adjourned the meeting at 4:53 p.m. ATTEST: RA HELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ARD S. ELLY, MAY7 O 20