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HomeMy WebLinkAbout2011-12-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 8, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:03 p.m. II. ROLL CALL Present: Councilmember Cindy Finerty Councilmember Jan C. Harnik Councilman William R. Kroonen Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk 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 Clayton von Helf, Information Systems Manager Stephen Y. Aryan, Risk Manager Ignacio Otero, Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Dorian Cooley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Misty Reynolds, Admin. Sgt., Palm Desert Police/Riverside Co. Sheriffs 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 DECEMBER 8, 2011 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 43-705 Kelsey Court (APN 634-241-037), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Terri L. McIntyre Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1) California Redevelopment Association, et al., v. Ana Matosantos, et al., Supreme Court of the State of California, Case No. S194861 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. 2) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 On a motion by Spiegel, second by Kroonen, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting to Closed Session at 3:05 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 - Councilmember Jan C. Harnik 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 VII. INVOCATION - Mayor Pro Tem Robert A. Spiegel With City Council concurrence, Mayor Benson suspended the agenda at this point in order to take up Section IX - Awards, Presentations, and Appointments. Please see that portion of the Minutes for the related proceedings. Following those items, the meeting resumed with Oral Communications - B. VIII. ORAL COMMUNICATIONS - B MS. MALINA LOBEL-KARIMI, Palm Springs, CA, stated that Occupy Coachella Valley requests the Palm Desert City Council place on its Council Meeting Agenda a resolution that reads as follows. "The Palm Desert City Council opposes the National Defense Authorization Act and requests that President Obama veto said Act. This legislation contains provisions which destroy the Constitutional rights of Habeas Corpus and Due Process. American citizens and people everywhere have the inalienable right to contest their imprisonment and to a civilian trial by jury. We reject the National Defense Authorization Actand all legislation which abridges these rights, as well as the false belief that doing so will make the nation more secure. Additionally, this Bill funds wars that the majority of Americans oppose. These endless, senseless wars only serve the corporatist interests of the 1 %, and we oppose this and all legislation which enables and perpetuates them." MR. LEW STEWART, Palm Springs, CA, said that both the City Council and the audience may wonder why Occupy Coachella Valley is bringing items of national concern to the municipal level. He said it was simply because it was the last available venue that the 99% of ordinary citizens and voters have left to air their concerns. Further, at the state level, a combination of bureaucratic incompetence and corruption by donors and lobbyists has reduced the voice of these people to a whisper. At the national level, he stated that lobbyists, CEOs, and the 1 % have completely stolen our right of free speech, just as they've stolen our pensions, health benefits, jobs, and our future. He quoted Will Rogers statement that, "We have the best Congress that money can buy," and said that was why Occupy is in the streets and in the Council Chamber today. They realized that any resolution or proclamation adopted by the Palm Desert City Council will have only symbolic value generally. However, it was hoped that Palm Desert would collaborate with the Occupy group to bring public attention to these rights that are being abridged or denied. Although, they understand that the City Council may not agree with some of the petitions presented, but they looked forward to hearing the Council's point of view. MS. CAROLYN E. KRAUSE, La Quinta, CA, quoted David Swanson, "The NDAA should not be passed simply because the latest erosion of our civil liberties is removed, and even worse, un-codified understanding and practices left to continue. A Bill like this one should be rejected in its entirety. This Bill kills human beings in large numbers, endangers us all through encouragement of foreign hostility, 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 contributes to the development and proliferation of genocidal weaponry, creates massive environmental destruction, advances a foreign policy built around an un-survivable energy policy, funds both sides of an unending Afghan occupation, funds prisons where we already hold many hundreds of men behind bars without charge or trial, and gives Presidents defacto power to ignore our rights for the duration of a global war that has no end. And this Bill destroys our economy through unfathomable, wasteful spending in the midst of a manufactured deficit crisis and an actual humanitarian crisis at home and abroad." She went on to quote Benjamin Franklin, "They who would give up essential liberty to obtain a little temporary security deserve neither." DR. DEBRA SAVITT, La Quinta, CA, said that as a U. S. citizen, she was very, very concerned about the National Defense Authorization Act. She and her colleagues were asking that the Palm Desert City Council issue a proclamation for President Obama to veto the Act. She was fearful of the Act, as a U. S. citizen can be held by the military indefinitely without charge. She was concerned that it amounted to going back to the Nazi era and asked the City Council to take this into consideration. She quoted the Sixth Amendment to the U. S. Constitution: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense." MS. NANCY GUTIERREZ, Palm Desert, CA, quoted the Fourth Amendment to the U. S. Constitution: "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." MR. JOSEPH PAMPENA, Rancho Mirage, CA, read the First Amendment to the U. S. Constitution, which was responsively repeated by audience members who were also part of Occupy Coachella Valley: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." MS. BRIDGET ZAPPIA, Palm Desert, CA, came before City Council regarding the second address questioned by Councilmember Harnik on the petition provided during consideration of the Rosewood Hotel proposal. Today she presented an affidavit signed by the individual, along with his statement (copy of which was provided to each Councilmember), and she read it aloud for the record: "I, John E. Orsak, did sign the 'OPPOSITION TO ROSEWOOD PROJECT AS PROPOSED' petition. My name, which was not forged, is on page seven of the 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 document. I currently reside at 46-140 Shadow Mountain; however, I used to live on Shadow Lake in Palm Desert. Apparently, I substituted Lake for Mountain on the street. This was accidental and not intended to mislead." Ms. Zappia went on to say that it is her strong hope that after hearing this address explanation and the findings regarding the printed name of the other address questioned by Councilmember Harnik that the City Council will believe in the statement of the petition and have faith and trust in her in future matters. She did not forge signatures nor did she present false information. She said the lack of a simple, honest apology from Councilmember Harnik and her silence on this issue reflects poorly upon her as an individual and even more so on her as a representative of our City. Furthermore, she said Councilmember Harnik's actions stigmatized the entire Council. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. REORGANIZATION OF THE CITY COUNCIL Mayor Benson announced that each year the Palm Desert City Council reorganizes in December with a rotation of the Mayor and Mayor Pro Tem positions for the coming year. 1) SELECTION OF MAYOR AND MAYOR PRO-TEMPORE Mayor Benson invited nominations for the office of Mayor of the City of Palm Desert. Councilmember Harnik nominated Robert A. Spiegel for Mayor for the coming year. Nomination was seconded by Finerty and carried by 4-0-1 vote, with Spiegel ABSTAINING. Councilmember Benson invited nominations for the office of Mayor Pro Tem of the City of Palm Desert. Councilmember Finerty nominated William R. Kroonen for the office of Mayor Pro-Tempore for the coming year. Nomination was seconded by Harnik and carried by a 4-0-1 vote, with Kroonen ABSTAINING. a) Comments by Outgoing Mayor and Mayor Pro-Tempore. As outgoing Mayor, Councilmember Benson gave heartfelt thanks to incoming Mayor Spiegel for his stepping in to carry out her duties over the last six months while she recovered from hip surgery, knowing very well the extra time that it took him. She went on to also extend her great appreciation to the rest of the City Council as well for helping her succeed this year, including their also filling in at meetings she was unable to attend during her recuperation. She assured everyone that she would be around for two more years but noted that she did not intend to run for office again in 2014. She was privileged to have served as Mayor for the sixth 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 time this past year; it was a real pleasure to work with City staff with whom a great many things had been accomplished over the years, and she reiterated that she was very grateful to be able to serve the constituents and make Palm Desert even better. She observed that it was always a challenge to meet all the rules and regulations that the City faced, but it was one she and her colleagues enjoyed doing. Speaking as outgoing Mayor Pro Tem, Mayor Spiegel commented that the City had been through a very difficult year. Although staff had been slashed by 27% to stay within the budget, they had performed admirably. He noted that Sales Tax numbers were getting better, as were those for the Hotel Occupancy Tax (Transient Occupancy Tax [T.O.T.]), with projections to end this fiscal year with a nice surplus, which was critical. He said maintaining a surplus in a city like Palm Desert was essential in order for it to react to any calamity that may occur, such as an earthquake. Having a surplus meant that Palm Desert will have the money to take care of its public safety needs in such a situation. He thanked Mr. Wohlmuth and City staff for all they've done the past year, and he encouraged all to keep up the good work. b) Comments by Newly Selected Mayor and Mayor Pro-Tempore. Newly selected Mayor Spiegel went on to say there were a lot of challenges still ahead, noting that some were a carryover from the year just passed. His main objectives for the City in 2012 were continuing to work on the Facade Enhancement Program to keep businesses in Palm Desert. The City needed to do everything it could to help small businesses, and he believed Palm Desert Chamber of Commerce President/CEO Barbara deBoom in the audience today would agree. He said it was also important to work closely with the City's Police Department in dealing with all the parolees who would be coming into the City as a result of the Governor's actions. To this end, he would be suggesting next fiscal year that the City consider adding a patrol position to the Police Department that would be devoted to looking after these parolees. Furthermore, he felt the City needed more hotels. One was approved this year on Highway 74, and it was yet to be seen whether or not it would be built. He believed one was needed at Desert Willow, as were some in the North Sphere, because it was important to keep working to grow the City's T.O.T. revenue. Incoming Mayor Pro Tem Kroonen thanked his colleagues for bestowing the honor of the office on him. He praised both the outgoing and incoming Mayors for their model leadership and conduct in the community for many years, having known both of them during those many years and from whose service he had so benefitted. More importantly, he felt the leadership they'd shown over the past two years had been significant in his own coming to grips with the new responsibility he'd accepted a year ago last September. He thanked Councilmember Finerty for her excellence in always studying the issues, knowing the details, and taking notes to ensure all the facts were considered on every issue. He thanked Councilmember Harnik for the 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 new sense of vitality and fresh ideas she brought to the Council and the matters they consider. He looked forward to working with all four of his colleagues in the coming year, believing they all had the same intent in their service —to continue to strive to see that the City of Palm Desert is the very best it can possibly be. B. PRESENTATION TO FORMALLY RECOGNIZE RIVERSIDE COUNTY FIRE DEPARTMENT DEPUTY CHIEF IGNACIO OTERO'S CONTRIBUTIONS TO THE CITY OF PALM DESERT AND PALM DESERT SISTER CITIES PROGRAM. Mayor Spiegel commented that Chief Otero was a good friend, and he was pleased to honor him today in anticipation of his retirement from both the County's and City's service at the end of the month. He went on to say that Chief Otero was recognized with the City's proclamation at the recent Palm Desert Chamber of Commerce Peace Officer & Public Safety Appreciation Day on November 22. On behalf of the City Council, Mayor Spiegel formally re -presented the framed proclamation to Chief Otero, recognizing his service to the City and as Riverside County Fire - East Coachella Valley Firefighter of the Year 2011. He called particular attention to Chief Otero's important work with the Palm Desert Sister Cities Program in establishing the Mexico Bombero Firefighter Program, providing them with both training and sorely needed equipment for their community. Lastly, Mayor Spiegel presented Chief Otero with four rounds of golf at the Desert Willow Golf Resort that he hoped would be greatly enjoyed. Chief Otero thanked the City Council for the honor today and for the privilege of serving them these many years. He would continue to serve as a Board Member on the Palm Desert Sister Cities Foundation to carry on with the good work they've also been doing for many years. In addition, he would be working at College of the Deserts Public Safety Academy as it prepares for the first Fire Academy to be held there in September, and he also looked forward to playing golf at Desert Willow. C. PRESENTATION OF PROCLAMATION DECLARING DECEMBER 21, 2011, AS "NATIONAL HOMELESS PERSONS MEMORIAL DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel presented the framed proclamation to Ms. Linda Barrack, Program Director for Desert SOS, operator of Roy's Desert Resource Center in North Palm Springs. Ms. Barrack thanked the City for holding those in need in its hearts, especially during the winter holidays. She said at Roy's Desert Resource Center, over 800 unduplicated people were housed annually. She encouraged all to pause on December 21 and remember those who were Tess fortunate. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 D. INTRODUCTION OF THE NEW CHIEF OF POLICE OF THE PALM DESERT POLICE DEPARTMENT, CAPTAIN KEVIN VEST. Mr. Wohlmuth was pleased to introduce the City's new Police Chief, Kevin Vest, to the City Council and the community. He said Captain Vest was not only Palm Desert's Chief of Police but Commander of the Palm Desert Station of the Riverside County Sheriff's Department, which also serves the County Unincorporated Area of Thousand Palms, the Cities of Indian Wells and Rancho Mirage. Captain Vest comes from a long history of service in the Sheriff's Department, starting here as a motor officer in Rancho Mirage, lastly serving as the Chief of Police in the City of San Jacinto. On behalf of the City Council, Mayor Spiegel welcomed Captain Vest to Palm Desert. Captain Vest said he was honored to be reassigned to the Station where he started his patrol career. He was excited to be back in the Coachella Valley, working to address any issues the City has in order to make a brighter future for all. At this point in the meeting, Mayor Spiegel returned to Section VIII - Oral Communications. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of November 10 and November 24, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 113, 114, 117, 118, 122, and 123. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#6881 by Civic Center Barrio Housing Corp. In an Unspecified Total Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Public Safety Commission Meeting of October 12, 2011 2. Marketing Committee Meeting of October 18, 2011. Rec: Receive and file. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 E. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C30300 - Fire Stations Renovation Project (Project Nos. 613-09 and 871-09) (The Penta Building Group, Palm Desert, CA) (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. F. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C30950 - Monterey Avenue Cold In -Place Recycling Project (Project No. 752-12A) (Cooley Construction, Inc., Hesperia, 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. G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R28830 - Construction of Berger Circle and Berger Drive South (Project No. 814-09) (Cooley Construction, Inc., Hesperia, 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. H. REQUEST FOR ACCEPTANCE OF ARTWORK "R. Hero" by Karen and Tony Barone as a Donation to the City of Palm Desert for Placement on the El Paseo Median in Front of the Historical Society of Palm Desert. Removed for separate consideration under Section XI, Consent items Held Over. Please see that portion of the Minutes for Council discussion and action. I. REQUEST FOR APPROVAL of Special Events Application/Agreement for the Palm Desert Youth Sports Association Opening and Closing Day Ceremonies (March 10 and June 2, 2012). Rec: By Minute Motion: 1) Approve the Special Events Application/ Agreement for the Palm Desert Youth Sports Association (PDYSA) Opening and Closing Day Ceremonies subject to attached conditions; 2) approve a temporary waiver of Palm Desert Municipal Zone Sections 11.01.140 (Amplified Sound) and 11.01.180 (Vendor Sales) for the duration of the events. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 J. REQUEST FOR RATIFICATION of Additional Engineering Services Related to Section 29 Retention Basin Repair Project and Approval of Change Order No. 1 to Contract No. C31040 in the amount of $13,170 (Project No. 627-11). Rec: By Minute Motion: 1) Ratify the City Manager's authorization for additional engineering services; 2) approve Change Order No. 1 to Contract No. C31040, Engineering Resources of Southern California, Inc., Hemet, California, in the amount of $13,170; 3) move $4,910 from contingency to base, and appropriate $8,260 from Fund 289 (Section 29 Fund) to the Project Account. Funds are available in Account No. 289-4374-433-3320, Section 29 Repair and Maintenance Account. No General Funds will be spent on this project. K. REQUEST FOR APPROVAL to Amend Contract No. C31100 with Wurms Janitorial Services, Inc., to Increase Janitorial Services From Three to Five Days Per Week at the Palm Desert Sheriff's Substation, 73-520 Fred Waring Drive, for the Period of September 1, 2011, through August 30, 2012. Rec: By Minute Motion, authorize approval of an amendment to subject contract with Wurms Janitorial Services, Inc., Corona, California, to increase janitorial services from three to five days per week at the Palm Desert Sheriff's Substation, 73-520 Fred Waring Drive, for the period of September 1, 2011, through August 30, 2012. Funds are budgeted in Account No. 510-4195-495-3310. L. REQUEST FOR APPROVAL of Service Agreement with Colt Security for Night Time Security Services at the Palm Desert Aquatic Center for the Remainder of Fiscal Year 2011-2012. (Contract No. C31370). Rec: By Minute Motion, authorize the City Manager to enter into a service agreement with Colt Security, Inc., Palm Desert, California, for the remainder of Fiscal Year 2011-2012 - funds are available in Account No. 242-4549-454-3090, Aquatic Center Professional Services. M. REQUEST FOR RATIFICATION of City Manager's Approval to Implement and Partially Fund the 2011 "Shop With A Cop" Program that is Occurring on Saturday, December 10, 2011, in the amount of $1,750. Rec: By Minute Motion, ratify the City Manager's approval to implement and partially fund the 2011 "Shop With A Cop" Program that is occurring on Saturday, December 10, 2011, in the amount of $1,750. Funds are available under the Police Department Contingency Account (No. 110-4210-422-3042). 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 N. REQUEST FOR APPROVAL to Implement a Biennial Sponsorship for the Palm Desert Explorer Program in the amount of $10,000. Rec: By Minute Motion, approve implementation and funding in the amount of $10,000 for the Palm Desert Explorer Program. Funds are available under the Police Department Contingency Account (No. 110-4210-422-3042). O. INFORMATIONAL UPDATE on the City of Palm Desert's Local Hazard Mitigation Plan Revision. Rec: Receive and file. Mayor Pro Tem Kroonen requested Item H be removed for separate consideration under Section XI, Consent Items Held Over. Upon motion by Finerty, second by Benson, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER H. REQUEST FOR ACCEPTANCE OF ARTWORK "R. Hero" by Karen and Tony Barone as a Donation to the City of Palm Desert for Placement on the El Paseo Median in Front of the Historical Society of Palm Desert. Mayor Pro Tem Kroonen stated as the Council representative to the Art In Public Places Committee, he was familiar with this item. He said this was a very novel, new, and welcomed approach to providing and financing public art for the City of Palm Desert. He hoped that once the item was installed and the funding mechanism was in place, the Council can make a gesture of appreciation for the two artists who have spoken profoundly of their desire to provide good public art in the community. He believed the Council will find the piece attractive, stating it will be installed at Palm Desert's first fire station, which is now the Historical Society's headquarters. Further, he would like the Council to make a presentation to them at an appropriate time in the future. Mayor Pro Tem Kroonen moved to, by Minute Motion, accept "R. Hero" by Karen and Tony Barone as a donation to the City of Palm Desert for placement on the El Paseo median in front of the Historical Society of Palm Desert located at 72-861 El Paseo, Palm Desert. Motion was seconded by Finerty. Councilmember Finerty concurred, stating she liked their first choice of Art Adoption of featuring an animal. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING TO CONSIDER VACATING DAISY LANE RIGHTS -OF -WAY AND EXCESS SIDEWALK AND LANDSCAPE EASEMENTS ALONG SHEPHERD LANE IN TRACT NO. 29469 (Kristi Hanson Architects, Inc., Applicant). Mr. Greenwood stated Daisy Lane is located off Shepherd Lane and north of Frank Sinatra Drive, which is near the intersection of Frank Sinatra Drive and Portola Avenue. He noted there are 15 or 16 homes on this street, which are owned by one foundation, and that organization wishes to gate the street and make it private. He said this item was merely to set the public hearing to start the process, and staff recommended approval. Mayor Pro Tem Kroonen moved to waive further reading and adopt Resolution No. 2011-87. Motion was seconded by Finerty and carried by a 5-0 vote. XIII. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1230 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 11.01.120 (PARKS, DUTY TO CARE FOR ANIMALS) OF THE PALM DESERT MUNICIPAL CODE RELATING TO DOG PARKS. Senior Management Analyst Ryan Stendell stated the proposed amendments were discussed during the summer time with the Parks and Recreation Commission. Initially, it was brought up by what other jurisdictions had recently done, and discussions centered around addressing the most common problems instead of creating a list of onerous rules that are not needed. He said the proposal included six routine items that staff believed occurred regularly. Responding to question about dog owners being informed, he said the City hosted the second Dog Park Users Group Meeting this day. The turnout was lower than the first meeting, but there were still fifteen folks in attendance. He said once the proposal was reviewed, those in attendance agreed with the amendments. Mayor Pro Tem Kroonen asked if the six items listed in the proposal, are as a result of the most common of the complaints. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 Mr. Stendell answered yes, stating staff also cleaned up the language, because when it was first drafted, there was only one dog park and it was referred to as the "canine commons." It is now being revised to City Dog Park since Palm Desert had multiple parks. Additionally, all of the rules are in one Ordinance, which makes it easier for Code Compliance and others to hand out. Mayor Pro Tem Kroonen moved to waive further reading and pass Ordinance No. 1230 to second reading. Motion died for lack of a second. Councilmember Finerty asked if there was a definition for what is a "small animal," because Item No. 3 addresses small pets. Mr. Stendell said he didn't know, because Item No. 3 had been in place for quite some time, and he didn't know if anything was codified in the Ordinance, but a small dog is considered up to 25 pounds in the dog parks. Councilmember Finerty stated people with five or six pound dogs, in the same area of a twenty or twenty -five -pound dog, may not consider them small. Mr. Stendell pointed out Item 3 in Section A referred to the general park area where one can have a small animal as long as the owner was carrying it, and rules for inside the dog park are in Section C. Councilmember Finerty suggested defining what is a small animal, whether that was ten pounds or less and/or something else, just to make it clear. Councilmember Harnik stated she appreciated that the new amendments addressed the owner's responsibility, which is the direction she believed should be taken. Councilmember Harnik moved to pass Ordinance No. 1230 to second reading, as amended to reflect a definition of "a small animal." Motion was seconded by Finerty and carried by a 5-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 B. For Adoption: 1. ORDINANCE NO. 1229 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 3.32.125 (LOCAL BUSINESS PREFERENCE PROGRAM) TO CHAPTER 3.32 (PURCHASING POLICIES AND PROCEDURES) OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA. Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1229. Motion was seconded by Kroonen and carried by a 5-0 vote. Mayor Spiegel noted Chamber President/CEO Barbara deBoom had been enthusiastic about something like this for a long time, and the City finally had it in the books. XIV. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTION OF THE CITY OF PALM DESERT, AUTHORIZING THE PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM. Ms. Moore stated this request is to adopt a Resolution for the MCC Program, which is implemented by the County of Riverside. She said the County applies and obtains the funding, and as long as the City adopted a Resolution, Palm Desert can participate in their program. She said the County handles most of the paperwork and did everything with the exception of the City advertising it twice a year. She said the program was a benefit to the residents for a tax credit on their tax return for first-time home buyers. Councilmember Finerty moved to: 1) Waive further reading and adopt Resolution No. 2011 - 88, authorizing the participation in the Riverside County Mortgage Credit Certificate (MCC) Program; 2) By Minute Motion, authorize the City Manager to execute all documents that may be necessary to facilitate the participation. Motion was seconded by Benson and carried by a 5-0 vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 B. REQUEST FOR AWARD OF CONTRACT FOR THE CONGESTION MITIGATION AIR QUALITY (CMAQ) TRAFFIC SIGNAL INTERCONNECT PROJECT TO THE LOWEST RESPONSIBLE BIDDER (PROJECT NO. 553-99, FEDERAL AID PROJECT NO. CML-5414[009]) (CONTRACT NO. C29760). Mr. Greenwood stated at the time the Agenda was published, staff had not opened the bids. Since then, the bids were opened, and the Council should have received an updated staff report, which recommends award for the low bidder Flatiron Electric Group in the amount of $441,257. He said all but $5,000 of this project will be funded by a Federal Congestion Management Air Quality grant. The scope of work is to interconnect 22 signals in order to have central control and be able to coordinate them similar to the recently implemented coordination on Monterey Avenue. The streets include parts of Monterey Avenue, Country Club Drive, Portola Avenue, and Hovley Lane East. He said this contract is for the physical work that provides the physical electronic to do the interconnect, and then there will be subsequent phases to do the timing itself and/or adjustment of the controllers. Responding to question about the budget, he confirmed funds were available. Councilmember Finerty moved to, by Minute Motion: 1) Award subject contract for the CMAQ Traffic Signal System Interconnect to Flatiron Electric Group, Inc., Chino, California, in the amount of $441,257; 2) authorize the Finance Director to set aside a 10% contingency in the amount of $44,125.70; 3) authorize the Mayor to execute same - funds are currently available in Account Nos. 440-4594-422-4001 (Capital Project Signalization) and 234-4594-422-4001 (Traffic Signalization) for this project expenditure. Motion was seconded by Kroonen and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT TO B & T WORKS, INC. FOR CONSTRUCTION OF THE HIGHWAY 111 SIDEWALK IMPROVEMENTS IN THE AMOUNT OF $526,805 (PROJECT NO. 697-05) (CONTRACT NO. C23110A). Mr. Greenwood stated this was a project to install sidewalks on various segments of Highway 111. All of the sidewalks to be constructed are on the south side of the highway, which will allow for a pedestrian to walk the entire length of Highway 111 on a sidewalk. There are currently significant pieces on highway 111 where there is no sidewalk to walk on. In addition to the sidewalk, the project includes improvements at the intersection of Highway 111 and Plaza Way near the Chevron station where there is a significant cross gutter that impacts traffic capacity. The cross gutter will be removed and duel left turns and signal upgrades will be installed at that intersection. Responding to question, he said work will begin late spring/early summer. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Award the subject contract to B & T Works, Inc., Wildomar, California, for construction of the Highway 111 Sidewalk Improvements in the amount of $526,805 (Project No. 697-05); 2) authorize the Director of Finance to set aside a 10 percent contingency in the amount of $52,680.50; 3) authorize the Mayor to execute the subject agreement - funding is available in the Measure "A" Fund Project Account No. 213-4362-433-4001. Motion was seconded by Hamik and carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT TO SOUTH WEST PUMP & DRILLING, INC. FOR THE REFURBISHMENT OF WELL NO. 2 AT THE DESERT WILLOW GOLF RESORT IN THE AMOUNT NOT TO EXCEED $61,491.90 (CONTRACT NO. C31320). Redevelopment Manager Martin Alvarez stated Well No. 2 served the Desert Willow Mountain View Golf Course, which has been in operation for more than 14 years, but was near its life span. The contract is to refurbish the pump, and the low bidder is South West Pump & Drilling, Inc., in the amount of $61,491.90. He said the City was eligible for a Southern California Edison rebate of approximately $8,200 and will be saving approximately $9,500 in electric cost per year. He said staff recommended approval. Mayor Pro Tem Kroonen stated everyone had heard over the years about the great Coachella Valley aquifer and wondered if there was any implication regarding the status of the aquifer and the fact that one had to go deeper to get water now. He was interested because it's been promised for years that there was a 400 years supply of water underneath, and he wondered if that was still thought to be the case. Mr. Alvarez stated staff has been working with Coachella Valley Water District (CVWD), and they have indicated there has been some subsiding of the water table. However, this project will lower the actual pump 60 feet, but there is still sufficient capacity, stating the maximum for this particular well was 950 feet and it will be lowered to 389 feet. He said this was a function that will be worked out with CVWD and it will be monitored to make sure there is sufficient depth and water available. Mayor Pro Tem Kroonen stated some years ago when he was president at College of the Desert, there was a lot of concern about the subsidence issue, and that eventually everything will be falling in. He asked if staff had heard anything along those line these days. Mr. Alvarez responded staff had not heard anything regarding that specific issue, but agreed to look into it and report back to the Council. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 Councilmember Harnik commented that Mayor Pro Tem Kroonen should have gone with her on the CVWD Tour, because it was very informative. She said the subsidence was mostly in La Quinta. Councilmember Finerty moved to, by Minute Motion: 1)Authorize the award of the subject contract to South West Pump & Drilling, Inc., Coachella, CA, in the amount of $61,491.90 for the Desert Willow Well No. 2 Refurbishment project; 2) authorize the Finance Director to set aside the amount of $6,149.19 as 10 percent contingency; 3) authorize the City Manager to approve up to $6,149.10 for unforeseen conditions subject to City Council ratification. The budget for this project was approved as part of the fiscal year ending 2012 Desert Willow Budget - funds are available in Account No. 441-4195- 495-8092. Motion was seconded by Kroonen and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF THE LEASE AGREEMENT BETWEEN THE DESERT WILLOW GOLF RESORT AND TURF STAR IN THE AMOUNT OF $329,867.52 ANNUALLY FOR A TERM OF 60 MONTHS ($1,649,337.60 CUMULATIVE) FOR THE PURPOSE OF PROCURING GOLF COURSE MAINTENANCE EQUIPMENT (CONTRACT NO. C31380). Project Coordinator Heather Buck stated this contract was for a 60-month lease for new golf course maintenance equipment. The previous lease was for 48 months, but Desert Willow kept the equipment for an additional 12 months. She said it was about that time where maintenance is expected to escalate; therefore, staff recommended approval of a new contract for new equipment. She noted there was a significant amount of trade-in value for the existing equipment. Additionally, staff is requesting authorization to surplus existing equipment as well as a couple of pieces of equipment that must be bid separately. The financial entity agreed to hold the same interest rate for the additional equipment if Council so desires. Responding to question, she said funds were available. Councilmember Finerty inquired about the trade-in value and annual payment as listed on page two of the staff report. Ms. Buck confirmed the annual payment of $329,867.52 took into consideration the trade-in value of $83,499. Councilmember Finerty moved to, by Minute Motion: 1) Approve the subject Lease Agreement for golf course maintenance equipment for the Desert Willow Golf Resort with Turf Star, Bermuda Dunes, California, in the amount of $329,867.52 annually for a term of 60 months ($1,649,337.60 cumulative) (includes tax and interest); 2) declare list of Trade -In Equipment as surplus; 3) declare three Lely Spreaders as surplus; 4) authorize the City Manager to approve and execute contracts for additional golf course maintenance equipment (Lely Spreaders, JCB Bucket, and Rollers) in an amount not to exceed $100,000.00 (includes tax and interest) under same Lease Agreement - funds are available 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 in Golf Course Expenses, Account No. 520-4195-495-8091. Motion was seconded by Kroonen and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF THE FINAL ONE-YEAR OPTION TO EXTEND THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT, KEMPER SPORTS MANAGEMENT, INC., AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION TO OPERATE AND MANAGE THE DESERT WILLOW GOLF RESORT PER SECTION 2.1(B) OF THE MANAGEMENT AGREEMENT (CONTRACT NO. C27682), AND DIRECT STAFF TO COMMENCE NEGOTIATIONS WITH KEMPER SPORTS MANAGEMENT, INC., TO MANAGE THE DESERT WILLOW GOLF RESORT AND ENTER INTO A NEW CONTRACT TO BEGIN YEAR 2013-2014. Mr. Gibson stated staff is requesting to extend the contract one more year, which would be the fifth year of a five-year contract. Secondly, staff is requesting to start negotiations with Kemper for a new contract. He said it took time to negotiate, because there are terms in the agreement that both parties want to discuss. Staff is requesting approval now, because it will give them a year to negotiate. He pointed out that a Request for Proposal would take 18 months. Staff is recommending continuing with Kemper because they are doing a great job, and there are provisions in the contract that benefit the City, one of which is a requirement for Kemper to maintain $500,000 cash, with it being their responsibility. Additionally, Kemper cannot contract anywhere else within the Coachella Valley area. He said staff researched other companies and learned there are not many that are in this business. He reiterated Kemper had done a fabulous job for the City. DR. JAMES BLOYER, Foxtail Lane, Palm Desert, stated he strongly approved of the job that Kemper Sports Management was doing at Desert Willow. Having been around golf courses all his life, a member of the Olympic Club in San Francisco for almost 50 years, and having a disastrous five-year membership at Ironwood Country Club, which was very expensive, he thought he had died and gone to golf heaven when he got turned onto Desert Willow. He said he's never been treated so well in golf at any level, starting with the Head Golf Pro Mr. Souza to Mr. Groves who runs the concierge greeting at the Club. He said it's been absolutely first class, and in talking to his patients in the bay area who are golfers, they reinforce the raves he's heard from all quarters about Desert Willow. He said it was a real privilege to be able to play there and hoped it never changed. Councilmember Finerty concurred with Mr. Bloyer's comments, stating Desert Willow was one of the shining stars in Palm Desert. Councilmember Finerty moved to, by Minute Motion: 1) Approve the final one-year option to extend the management agreement between the City of Palm Desert, Kemper 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 Sports Management, Inc., and the Palm Desert Recreational Facilities Corporation to operate and manage the Desert Willow Golf Resort per section 2.1(B) of the Management Agreement (C27682); 2) Allow staff to commence negotiations with Kemper Sports Management, Inc., to manage the Desert Willow Golf Resort and enter into a new management contract to begin fiscal year 2013-2014. Motion was seconded by Benson and carried by a 5-0 vote. G. REQUEST FOR APPROVAL OF CONTRACT NO. C31390 WITH BLUE MOON ADVERTISING IN AN AMOUNT NOT TO EXCEED $85,000 FOR MARKETING AND DESIGN SERVICES AT DESERT WILLOW GOLF RESORT FOR AN 18-MONTH PERIOD. Visitor Center Manager Donna Gomez stated staff was requesting Council consideration of a contract with Blue Moon Advertising to provide advertising and design services for Desert Willow Golf Resort. The contract is for 18 months, which would run concurrently with the management contract that was just approved with Kemper Sport for Desert Willow. She said General Manager of Desert Willow Richard Mogensen was available to answer specific questions about Blue Moon Advertising and the services they have been providing. Responding to question, she said Blue Moon was located in San Diego. Councilmember Finerty asked if the $85,000 amount was for the entire 18 months. Ms. Gomez answered yes. Councilmember Finerty asked if any advertising was happening right now. MR. RICHARD MOGENSEN, General Manager at Desert Willow, responded Blue Moon had been under contract for a couple of years, and historically the City has been involved in many of the co-op advertising along with Desert Willow; previously, it was Piper Close. He said Blue Moon was hired as part of a Request for Proposal (RFP) several years back and their contract was extended last year for one year; the contract was up for renewal, and he would like to extend it for 18 months to coincide with the management agreement. He said a tremendous amount of marketing and advertising is done, and Blue Moon is constantly producing all types of national and international advertising to generate business from Canada and abroad such as: developing collateral material as well as the video campaign that is typically used when marketing at trade shows; helps with the on-line marketing advertising and assists with placing a lot of the advertising along with Kemper Sports; and provides a significant opportunity for Desert Willow to continue their high level of marketing throughout the Country. Councilmember Finerty stated she understood the high regard Mr. Mogensen had for Blue Moon Advertising, and one of her questions has 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 always been whether results can be measured. She asked if dramatic improvements had been made since the City switched over to Blue Moon. MR. MOGENSEN answered yes, and if allowed, he would like to have the opportunity to present the entire portfolio on marketing and advertising that's been improved over the past couple of years, which was presented to City Management on two different occasions. He said an entire seminar on the value added was also presented, which is discussed at length during the annual budgeting process. He offered to make the same presentation for the Council. Councilmember Finerty expressed interest, because she liked to see results. Councilmember Benson noted the contract itself didn't include names, addresses, or a phone number, except the name Blue Moon Advertising, which is why she asked earlier where they are located. MR. MOGENSEN responded he wasn't sure what Councilmember Benson was looking at, but the agreement had a cover page with all the pertinent information, which he would be happy to provide. Councilmember Benson reiterated the agreement had absolutely nothing to show who Blue Moon is or where their office was located, which she thought was risky for the City. Mr. Wohlmuth offered to review and improve the document with the assistance of the City Attorney, because most City contracts included a contact clause, principal clause, and named the principal. Councilmember Harnik stated one can see that the brand consistency they have been working on was coming through, and it was evident with what's been done at Desert Willow and its branding. Mayor Spiegel asked if it was enough advertising, because Indian Wells Golf Club was on television every night. MR. MOGENSEN said he believed the current marketing budget was adequate because of the success they've had at Desert Willow. He agreed Indian Wells spent a lot of money on television advertising, but frankly didn't believe they had the return expected. However, they also market because they are open for dinner, and they have different marketplace than Desert Willow. Councilmember Harnik asked if the year-to-date numbers reflect that Blue Moon had been effective. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 MR. MOGENSEN answered yes, stating Desert Willow is seating their annual budget this year, and results for the past two years since they hired Blue Moon have been significant. Mayor Spiegel stated the figures from the Audit and Investment Committee indicate that Desert Willow was one of the few golf courses that is making more money this year than last year, and obviously with the new restaurant, the food business is way up. He said Desert Willow was making money. Councilmember Finerty was interested in seeing Blue Moon's brochure, because she agreed with Councilmember Benson that the information received was minimal. MR. MOGENSEN agreed to obtain one for the Council, stating they had a sophisticated brochure for their own company. He apologized for it not being included as part of the Council's packet, but they have been working with Blue Moon for two years and knew the brochure was initially presented, but agreed to get any information about them to the Council. Councilmember Harnik suggested a study session where Blue Moon can show what they are doing for marketing and what the Return on Investment (ROI) is on that. MR. MOGENSEN agreed, stating he had a few PowerPoint presentations they have done historically, and he would be happy to walk the Council through it. Councilmember Finerty moved to, by Minute Motion: 1) Approve an 18-month contract with Blue Moon Advertising in an amount not to exceed $85,000 for marketing and design services for Desert Willow Golf Resort; 2) authorize the City Manager to execute said Agreement. Funds have been allocated in the Desert Willow Fiscal Year 2011/2012 Operating Budget, Fund 520, for the first six (6) months of the contract; 3) Approve subsequent twelve months (12) funding subject to Fiscal Year 2012/13 budget approval. Motion was seconded by Harnik and carried by a 5-0 vote. Mr. Wohlmuth introduced Chief Executive Officer of Kemper Sports Management Steve Skinner and stated Mr. Skinner was invited to fly out from Chicago for this meeting. MR. STEVE SKINNER, CEO of Kemper Sports Management, said his arm didn't have to be twisted very hard, because it was 22 degrees in Chicago and 70 in Palm Desert. He thanked the Council for all the kind words and support, stating they felt part of this family. He said in the 14 years they've been out, they have enjoyed watching the desert pallet grow up; it is one of their most special projects. He said what they have been able to accomplish was a credit to the City Council's leadership. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 H. REQUEST FOR AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO SUBMIT AN APPLICATION FOR PROPOSITION 1 B FUNDS FOR A HIGHWAY 111 PAVEMENT REHABILITATION PROJECT. Mr. Greenwood stated this request was for the Council to authorize him, Director of Public Works, to submit an application to the State for nearly $740,000. He said this was a rare occasion where this type of funding did not require a match. The only thing required was to apply for the funds and inform the State where it will be used. The Public Works Department is recommending Highway 111 to be paved this summer. He pointed out the $740,000 wouldn't cover the cost to do all of Highway 111; therefore, staff will be recommending that the paving budget from next year to mainly go toward this project. Responding to question about the type of pavement that will be used, he said the City has been using warm mix rather than rubberized, and Ws having excellent results. Mayor Spiegel said whatever was used on Portola Avenue was really good. Mr. Greenwood said that was warm mix. Councilmember Finerty commented that any time the City can take money from the State instead of the other way around, she would be in favor. Councilmember Finerty moved to, by Minute Motion, authorize the Director of Public Works to submit an application for Proposition 1 B Funds in the amount of $739,630.24 for a Pavement Rehabilitation Project on Highway 111 in response to a call for projects by the State Department of Finance. Motion was seconded by Benson and carried by a 5-0 vote. I. REQUEST FOR APPROVAL TO ACCEPT THE OFFICE OF TRAFFIC SAFETY (OTS) SOBRIETY CHECKPOINT MINI -GRANT PROGRAM FOR 2011-2012 (GRANT NO. SC12302) IN THE AMOUNT OF $68,800. Risk Manager Steve Aryan stated the Palm Desert Police Department was successful in securing a $68,000 grant award from the Office of Traffic Safety (OTS) to conduct twelve Sobriety Checkpoints within Palm Desert, which will commence this holiday season through September 2012. He noted that within the Palm Desert Sheriff's Station operational area, Palm Desert was the only community to be awarded this grant. He said staff recommended approval. Councilmember Finerty moved to, by Minute Motion: 1) Accept the Office of Traffic Safety (OTS) Sobriety Checkpoint Mini -Grant Program for 2011-2012 (Grant No. SC12302) in the amount of $68,800. Account No. 229-4210-422-3919 has been designated by the Finance Department for this purpose; 2) authorize the City Manager to execute all necessary OTS Sobriety Checkpoint Mini -Grant Documents. Motion was seconded by Harnik and carried by a 5-0 vote. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 J. REQUEST FOR CITY COUNCIL DIRECTION REGARDING A SINGLE -USE PLASTIC BAG ORDINANCE. Assistant Planner Missy Wightman stated there was a misconception based on phone calls and letters received that Council was approving an ordinance with specific rules, and the question was asked whether this was the first or second reading, and it is neither. She said staff was asked to address the environmental concerns regarding plastic bags and make a presentation to the Council, and staff is asking for direction on how to proceed. She went on to make a 15 minute PowerPoint presentation, which covered the impact of plastic bag use on a global, regional, and local level. Some of the facts presented were as follows: 1) Plastic bags were designed to be thrown away and were first introduced in the early 1970's, and by the mid 80's, they became the common way to carry daily groceries; 2) approximately 19 billion bags or 142,500 tons of plastic bags are used in California alone; 3) the Ocean Conservancy conducts a one -day clean up every year and documents everything found. In 2009, plastic bags were the No. 2 item with 819,074 pounds of plastic bag debris collected, and in 2010, it was the No. 3 item with 869,857 pounds collected; 4) plastic bag debris is affecting marine birds, animals, and wildlife; 5) many beaches in Hawaii are covered with plastic litter; 6) in July 1, 2007, Assembly Bill 2449 was introduced where large grocery stores and pharmacies had to distribute reusable bags or make them available for sale; stores are also required to collect plastic bags; 7) recycling facilities do not like to accept recycling bags because they are burdensome, clog their machines, and have a low resale rate; 8) many cities have already adopted local ordinances in California, one County is Los Angeles County; 9) third world countries have realized the effects of plastic bags in the environment and have implemented bans; 10) in 2009, the City of Palm Desert implemented the Bag in Bag Program where residential customers can stuff as many plastic bags into one and throw it into the recycling container. Prior to this program, plastic bags were not accepted as a recyclable item that could be thrown into the recycle bin; 11) City Maintenance staff has indicated that plastic bags are a common form of debris in storm drains and storm drain inlets; 12) City landscape staff indicated plastic bag debris is a particular problem around big box stores where they are cleaning the public rights -of -way and medians, which is a cost to the City; 13) the cost to research a ban on plastic bags would involve CEQA, which would require to form an initial study that can range between $5,000 to $10,000; 14) Marketing and Education campaign, which last six months to a year can cost between $10,000-$15,000; 15) the cost for a reusable bag distribution can cost $10,000-$20,000; 16) the Analysis indicates environmental effects, economic impact, and consideration for use of paper versus compostable; 17) source reduction appears to be the answer; 18) the Citizens' Sustainability Committee recommended taking 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 action by moving forward with a ban; 19) plastic bags cost approximately $0.06 each; 20) paper bags cost approximately $.015 each, with retailers allowed to keep the charge tax free; 21) the goal is to promote Reusable Bags; 22) a number of retailers already operate without the use of plastic bags, i.e., Costco, Sam's Club, Starbucks, and Trader Joe's; 23) the City of Palm Desert with 52,067 residents uses on average 26,033,500 bags, which amounts to 390,503 pounds of plastic bag debris; 24) if plastic bags were banned in Palm Desert, it would save 8,695,189 barrels of oil a year. 25) plastic bags do not biodegrade. She concluded her presentation, stating staff recommended the City Council allow staff to further study a potential ban with the community with specific retailers, the Chamber of Commerce, and the California Grocer's Association who helped with the Santa Monica Ordinance and offered to assist City staff. Staff also recommended taking this to the Youth Committee for their. consideration and returned to the Sustainability Committee to prepare a draft ordinance based on Council direction. Additionally, work on a collaborative marketing campaign in moving forward with a potential ban on plastic bags. (The PowerPoint presentation is on file and of record in the Office of the City Clerk, and it is available for viewing.) MR. DEAN GATONS, Sommerset Drive, Palm Desert, thanked staff for a beautiful presentation, but it stole his thunder, because he was under the impression the Council was voting on this issue this evening per the newspaper. He was pleased to see such thought and foreknowledge had been put into this issue, because it was critical for the environment. He said he was passionate about recycling and most importantly plastic bags. The opinion editorial in the newspaper asked that people look for sensible ways to limit plastic bag use, which he highly agreed. He said when this issue was taken to the State comments and statements were made that being concerned about the use of plastic bags seemed trivial when so many things are happening, but as noted this evening, the environment is extremely important. The Desert Sun also covered a statement by Councilman Kroonen that he didn't want anyone to be hurt, which he agreed, given the fact that this issue is so divided. However, as plastic bags litter the environment, people are being hurt all around. He also enjoyed Councilmember Harnik's comment that she'd rather have incentives for people to reduce the amount of plastic bags rather than approve an overall ban, which he agreed. He noted that reusable bags are not washable, because they will degrade quickly. Lastly, another comment made in the newspaper about using a single -use plastic bag regarding its thickness and biodegradability, which he hoped the Council will consider versus an overall ban. He is a strong advocate of recycling, stating he put out more recycling each week on his curb than he did in the trash. During graduate school he implemented a hospital -wide recycling program at a hospital in Los Angeles County that is still being used to this date. He is willing to sit on any type of City committee when considering the plastic bag issue and discussing the 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 ones currently being used in the Council Chamber and the trash containers out front. He said the Los Angeles County Ordinance is extremely confusing to follow, because if you're in a City that can have a plastic bag, that would be one thing, but if one resides near an unincorporated County, one cannot have a plastic bag at the grocery store. For example, if one is driving up Monterey Avenue and goes to Bristol Farms, you would not get a plastic bag, because it is Palm Desert, but at Albertson's across the street you can get a plastic bag, because it's in Rancho Mirage; a similar situation on Washington Street with Ralph's in La Quinta and Albertson's in Palm Desert. He highly requested and suggested the Council look at the types of bags used and a program to recycle, which he would be happy to be a part. Mayor Spiegel invited Mr. Gatons to see the City Clerk to obtain a Committee/Commission application. Councilmember Hamik thanked Mayor Pro Tem Kroonen for bringing this issue up, because it's a discussion worth having, but believed 360 degrees of the proposal needed to be looked at. She said the Council received a lot of calls regarding this issue, because many thought the Council would be voting on this item tonight. She said many of the comments were constructive and well thought out, but others were uncivil in its approach, which was a problem. She believed discussions on any issue must be done with civility and with open minds in order to reach a good conclusion/solution. She said some people think it's plastic versus paper, but in her own research, she learned that paper had a larger negative impact to the environment from its production to its recycling than plastic. However, in the meantime, she wants her newspaper dry when it's delivered in the morning, and what about those people who have garment bags. She said the City needed to find a way to create an incentive for its population. Additionally, she agreed this issue needed to be a regional effort of the entire area to avoid having a line on a map where there is a separate rule on each side. Yet, the last thing the Council wanted to do was hurt the retailers and business partners in the community. She would like to have a committee with representatives from neighboring cities involved, including the Palm Desert Youth Committee. She believed this issue was worth looking into to find a real solution where it's in everybody's best interest, but it was not the time to take a drastic measure. She said it was Thomas Edison who was quoted as saying, "Waste is worse than want." She reiterated this issue needed to be reviewed long and hard through a committee by engaging the business community, which was absolutely imperative in order to reach a good conclusion and solution. Councilmember Finerty stated she is also concerned about the impact on businesses, particularly cleaners, because they wrapped the dry cleaning in plastic bags. She was unsure about an article in The Desert Sun about being a misdemeanor for breaking the plastic bag ban, which she thought was 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 jumping the gun. Another story in The Desert Sun about Riverside County accepting 735 parolees from State prisons, which she believed law enforcement should be more focused on than worrying about someone breaking a plastic bag ban. She concurred this was something that needed to be looked at thoughtfully along with the business community, because of the impact it will have on a great many people. She didn't know if staff had researched ordinances from other cities, their success rate, and cooperation level. She knew Trader Joe's and other businesses were on board, but at this time when the Council is looking to help businesses, whether it was with signage or facade enhancement, placing another burden on them at this time would be unwise. She complimented Ms. Wightman on her excellent research and presentation, stating her research indicated) l % of the marine debris collected came from plastic bags and 21 % from cigarettes, noting she had a bias of banning cigarettes as well. Councilmember Benson stated there was a lot to be considered and certainly based on letters received from the public, there were not many in favor. She noted there was no mention of handicap people that use plastic bags because they can hook them over their arm and are not able to carry a paper bag at groceries. She could see the Council doing something to encourage careful use of plastic bags so they're not out blowing in the wind, which is what prompted Mayor Pro Tem Kroonen's concem. However, there is a lot of other debris that blows around the desert and the Council couldn't ban tumbleweeds and other things that are obnoxious. Mayor Pro Tem Kroonen concurred with his colleagues comments. And in reemphasizing Councilmember Harnik's point, he said people should not assume that because a topic is brought up for discussion that the Council is determined to see it passed. He initially brought this issue up was as a result for concern over the debris off Monterey Avenue. He didn't want to have a situation where the cure was worse than the disease, because there are so many factors to review with this issue. He expressed his appreciation for the quality report and information provided by Ms. Wightman, stating he learned there are so many factors to look at, and by him bring this issue up, he received a lot more input than anticipated. He said some people reacted with anger, which was okay, because it's an emotional topic, but perhaps it's a topic that can't be addressed by just Palm Desert alone. The point was made that on one side of Monterey you can have one set of rules and another set on the other side of the street. He questioned if the City can unilaterally do anything or was this a regional activity. He admitted this was a much more complex issue than he anticipated, but felt the Council needed to move forward with further explanation. He believed the Council should give voice to whomever wished to speak on the topic and let it be known throughout the community. He shared the enthusiasm for bringing other people within the City's committees and commissions into the discussion and inviting the general public to get more involved, particularly from the business 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 community. He hoped Palm Desert can do its share down the pike to help protect the environment, but that it be done in a way that is fundamentally sound and be able to get the results of improving the environment without detracting or abusing the rights and responsibilities of others involved in the discussion. He thanked everyone for the good work and to continue the discussion, and at some point, the City will come to a solution that the Council and community at large will feel satisfied. Mayor Spiegel stated he will ask the head of the Chamber of Commerce to put together a group on the use of plastic bags and how it will affect them. Councilmember Finerty said everyone talked about looking at this regionally and wondered if it would be beneficial or appropriate to bring this issue up at a Coachella Valley Association of Governments (CVAG) Technical Advisory Committee (TAC) Meeting to see what interest there might be Valley wide, because it will affect all businesses. She said Palm Desert prides itself on being a leader, but believed this was something that required input from many different groups. She said if TAC wasn't the right place, perhaps at a CVAG Energy and Environment meeting. Mr. Wohlmuth agreed to contact Director of Environmental Resources Katie Barrows with CVAG to agendize this for an Energy and Environmental Committee meeting, which he will reinforce at the TAC meeting. Mayor Spiegel and Councilmember Finerty suggested having Missy Wightman provide the presentation. Mayor Pro Tem Kroonen moved to, by Minute Motion, continue to a date uncertain in order to further study the issue. Motion was seconded by Finerty. Councilmember Harnik stated she would be happy to serve on any committee that came about on this matter. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. XV. CONTINUED BUSINESS None 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 XVI. OLD BUSINESS A. CONSIDERATION OF REQUEST TO DIRECT STAFF TO PREPARE AND BRING FORWARD FOR CONSIDERATION A SHORT-TERM RENTAL ORDINANCE AND A PROFESSIONAL SERVICES CONTRACT WITH AN INDEPENDENT CONTRACTOR TO PROVIDE SERVICES TO IDENTIFY AND BRING INTO COMPLIANCE NON -LICENSED SHORT-TERM RENTALS. Principal Planner Tony Bagato stated the City had focused on short-term rentals since 2009, initially looking to prohibit them, but then worked on a compromise with many of the second homeowners that have short-term rentals in finding a balance between a tourism community and a permanent residential community. In April 2011, the City adopted the Zoning Ordinance Amendment requiring a Conditional Use Permit (CUP) in non -gated areas. The two fundamental issues with short-term rentals are potential nuisance homes and non -licensed rentals, but the CUP didn't address non -licensed rentals. He said the CUP assists in creating restrictions and standards to control the nuisance homes, but on the flip side, the City still had hundreds of non -licensed short-term rentals that the City is unable to control or obtain the Transient Occupancy Tax (T.O.T.) revenue. The current position of staff is to look at a Citywide ordinance that would deal with short-term rentals throughout the whole community to treat everyone the same; it will have the same regulations. The conditions used in the CUP will continue, which addresses the minimum numbers of a stay, the maximum people allowed, etc. Additionally, staff would like to add other parameters that came up through the Planning Commission as well as a discussion with the City Manager requiring property managers to be the representations for non -local residents; property managers would have to be local and available 24 hours. Staff would also like to set up a fine structure for people who are non -licensed and a heavier fine structure for nuisance homes. Staff believed creating an ordinance would be more effective in getting compliance as well as dealing with nuisances. He noted the City of Rancho Mirage hired a consultant to work part-time searching out vacation rental websites to find illegal non -licensed users who are operating. He said that part-time professional could work with Finance and Code Compliance to set up sting operations on their own and bring about compliance. In my discussion with the City of Rancho Mirage, they have brought in 100 operators into compliance from about 300 that are non -compliant. In his initial research from 2009, he believed there are between 400 to 600 homes that are non -licensed in Palm Desert. Therefore, staff recommends the Council direct staff to prepare an ordinance and a professional services contract for enforcing the noncompliance. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 Mayor Pro Tem Kroonen stated he spurred this conversation months ago, and as he recalled, it was due to a case where a bigger problem was created by a proposed solution. He believed staff was right on target with this, because his principal concern had been the so-called nuisance home, and he has come to understand that while they are nuisance homes, they are not all short-term rentals. He said the problem was more than nuisance homes, and believed staff was addressing it with the current proposal. He finds the new approach to be a welcomed and promising one and looked forward to moving this ahead. He said this was about Code Enforcement and Police Enforcement dealing with the abusers of the tranquility of the community, and staff did a great job in moving this issue in that direction. Councilmember Harnik stated the $500 fee on the CUP was an issue all debated on, which she believed only deterred people from registering and leaving the City with no record of the location of the house. She said the easier it is made for people to register, the easier it will be for the City to monitor to bring them into compliance. Councilmember Finerty stated that while she still opposed short-term rentals, she realized and respects the rest of her colleagues in supporting them. Therefore, if short-term rentals will exist, it seemed the City should be able to collect the T.O.T., and this was an innovative way to go about collecting it. Mayor Spiegel said the City will have rentals whether the Council liked it or not, and unfortunately, if the City didn't know where the homes are, the City will not get the T.O.T. He noted the City of Palm Springs received more than $1 million a year in short-term rental. Mayor Pro Tem Kroonen moved to, by Minute Motion, direct staff to prepare and bring forward for consideration: 1) A Short -Term Rental Ordinance; 2) a professional services contract with an independent contractor to provide services to identify and bring into compliance non -licensed short-term rentals. Motion was seconded by Harnik and carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. REQUEST TO COMMENCE WITH THE FISCAL YEAR 2012/2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE-YEAR ACTION PLAN DEVELOPMENT AND GRANT APPLICATION PROCESS. Mayor Spiegel declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. MS. CONNIE GOLD, stated she represented Desert Best Friend's Closet, a nonprofit organization in the City of Palm Desert. She said they will be 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 applying for a block grant since it is the first year they are eligible. Their mission is to provide a diverse array of clothing to economically disadvantage and under served men, women, and at -risk youth of the Coachella Valley. When they started their program several years ago, the first thing they did was to research with local human resource representatives, and what was learned is that many job seekers didn't show up dressed appropriately for a job interview, which hindered their opportunities for employment. It was also discovered through further research, it is not only a question of not having the financial resources, but many people lacked the knowledge of what is considered appropriate dress. They developed their main program, which is Work Attire Program where they provide one-on-one image education and career wardrobe inservices to low-income adults in need of appropriate attire for a job interview. The goal is to enhance their clients self-esteem and self-confidence in order for them to enter and succeed in the workforce and improve the quality of their lives. Learning how to project a more professional image is the first step to gaining employment, getting off public assistance, and gaining financial independence in improving their life and the life of their children. They have another program that runs year round that is called "Bras for a Cause," which provides bras to low-income women, because properly fitted ones are expensive, yet necessary for women to look their best. In the spring, they have the Prom Dress Program that honors young women and their commitment to earn a high-school diploma by providing prom attire and accessories. In the fall, they have a Military Gown Program where they honor military families and their service by providing ball gowns to the wives from Twenty-nine Palms Marine Base for the Annual Marine Birthday Ball. Their request for CDBG funds is to expand their service hours and increase their impact. She provided a copy of their annual report to the City Clerk. Responding to question about where to deliver funds or clothing, she said they had several locations throughout the Valley, conveniently located to accept clothing donations on their behalf at The Wardrobe in Palm Springs, Draper's & Damon's in Rancho Mirage, Trio in Palm Desert, and Fashion Bug in La Quinta. She said all sites are willing and able to accept clothing donations and offer receipts for income tax purposes. Checks can be written and mailed to them directly. Additionally, they have a website that is in the process of being revamped. MR. MITCH NIEMAN, Director of Development for FIND Food Bank, stated he wanted to remind the Council that food, security, and hunger existed in every city in the Coachella Valley, including cities with master plan golf courses and good economic development plans. The purpose of FIND's mission is to serve those in need with food. During these economic times, they have experienced a sharp increase in demand for services, while at the same time, experienced a decline in donations. He pointed out the nexus that homelessness prevention plays with food and security. He said food and security is directly tied to the definitive purpose of the CDBG goals and funding. When food, security, and hungry individuals lack sufficient funds to 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 properly feed themselves, they often choose between paying for housing or utility expenses for food. He said they served more than 80,000 individuals monthly at FIND throughout eastern Riverside County and the Coachella Valley. Two of the largest demographics are senior citizens on fixed incomes, and the working poor. The working poor is a new demographic that's emerging primarily due to the economic times, which is comprised of families and individuals who are living on minimum wage. He said these two demographics that are spiraling and are actually becoming the most prevalent demographic being prone to homelessness. He said FIND will be submitting an application for a capital request and a public service request to help assist and aid those that are in hunger in the City of Palm Desert. They are also soliciting other cities and the County for their support. He said FIND was just a facilitator in this problem, and this problem ultimately belonged to the cities and the counties. MS. ISABEL ACOSTA thanked the Council on behalf of Martha's Village & Kitchen for its generous award last year of $24,476, which was used to provide food services its guests. She said by the end of this year, they expect to provide approximately 225,000 meals to homeless and impoverish individuals and families in need. She said they will again apply for a grant this year and hopes the Council will take their request into consideration. With no further testimony offered, Mayor Spiegel closed the public hearing. On a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, the Community Development Block Grant (CDBG) Application Process was opened for FY 2012/2013. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer Meetina Summaries for the Period of November 7 - November 29, 2011. With City Council concurrence, the Meeting Summaries for the period of November 7-November 29, 2011, were received and filed. 2. Council Meetina Broadcasts a) Mr. Wohlmuth confirmed for the City Council that today's meeting was being live web -streamed, and it was also being taped for Time Warner Cablevision to be televised there next week on Channels 17 and 120 (Digital). 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 b) Additionally, he reported that City staff will see to having a video clip of featured dog and cat adoptees at Animal Samaritans. After the question was asked earlier, he learned that staff will be able to get the video in time to display it on the projection screen at the Council Meeting, as well as for anyone watching the live stream or the delayed television broadcast. He said Animal Samaritans will be preparing the video tape and highlighting the pet's attributes (i.e., family oriented, housebroken) in order to encourage adoption. In further response to another question regarding this feature, he said as you face the dais, the camera above the far right side (where Councilmember Harnik currently sits) is the one that focuses on the podium. After looking at the streamed video on file, unfortunately that camera cannot zoom in enough to get a close-up of the featured pet if they were to come to the Council Chamber. Therefore, staff felt the best option would be to have it videoed prior to the meeting, then shown on the big screen for the Council to see and also inserted into the tape that will be sent to Time Warner. He added that Ms. Riddle will be working with Animal Samaritans to highlight those pets, and he felt it would be a good solution. Councilmember Finerty appreciated the follow-up on the pet adoption feature. 3. LAFCO (Riverside County Local Aaencv Formation Commission) Mr. Wohlmuth went on to report that at today's hearing held in La Quinta, the Berger Foundation made an application to have LAFCO reconsider Cathedral City's Sphere of Influence over their land. LAFCO denied the request to take Cathedral City's Sphere of Influence off of Berger Foundation land and stood by their previous decision. He recalled for City Council that Palm Desert was having an economic feasibility study performed for this matter, with a first draft anticipated within the next two weeks and working with the City's consultant to finalize the draft before December 31. Plans were then to have it on a January 2012 City Council agenda. At that time, City Council can provide direction to staff whether or not it wants staff to make application or discuss options with LAFCO based on the feasibility study. B. CITY ATTORNEY None 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 C. CITY CLERK Ms. Klassen reported that her office had gathered all the applications for Committee/Commission service that have been submitted. They will be reproduced and delivered to City Councilmembers next week. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department a) Sgt. Reynolds invited Councilmembers to participate in the "Shop With a Cop" event at 8:00 a.m. on Saturday, December 10, at the Palm Desert Walmart. She said as an update, initially they said that Walmart would be providing $1,500 toward the program; however, they've since been approved for a grant totaling $2,000. Therefore, they will now have a total of $5,500 in funds to spend with 50 children participating in the program instead of 45. She felt it was a great program, and if Councilmembers are able to attend, they would note that several very well -selected children would be participating. She related that in one family with five children, their mother had passed away due to breast cancer. In another family, the father was killed in a motorcycle accident a month ago; and in another, there was a homicide in the family recently here in Palm Desert. She again invited Councilmembers to participate and offered that it would be more of a Public Safety Fair out in front of Walmart. She recalled for Councilmembers that there was previously a feeling that the program had gotten too big; so much time and money was being spent on the officers that it took away from the focus. The program was restructured this year —all the Police Officers working the event were doing so voluntarily and were not on duty. There were 15 officers working it this year compared to 40 last year. The children will be allowed to go inside and shop with their families; Santa Claus would be outside. She said Cal Fire was also joining the program this year and looked forward to another great event. b) Sgt. Reynolds went on to report about a concern she'd been asked to look into regarding a newspaper article. 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 Mayor Spiegel explained that it was a letter to the editor in The Desert Sun this morning, indicating that a lady who resided in Sun City Palm Desert (in unincorporated Riverside County) felt she was going to be financially harmed after receiving a suspicious telephone call. According to the newspaper's Opinion Page, she then called the Police Department, allegedly Palm Desert's, and was told they couldn't help her. Sgt. Reynolds said after spending some time on the matter, she tracked down the daughter who'd written the letter. The daughter indicated that her mother expressed some concerns, and she wasn't certain which agency she'd called; she just said she'd called the Palm Desert Police Department. After researching the call for service, the woman hadn't called the Palm Desert Police Department. Because Sun City Palm Desert falls under County jurisdiction, the Indio Station services that area. Sgt. Reynolds made contact with a Lieutenant at the Indio Station, and he would be researching specifics about the call. She reiterated that it was not the Palm Desert Sheriff's Substation or the Palm Desert Police Department involved in the call for service. E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Reauests for Action: a) Committee/Commission Annual Process — Mayor Spiegel requested scheduling the Committee/Commission interview and review meetings as soon as possible for vacancies and potential openings on these advisory bodies. He preferred having all his colleagues participate in the process. However, if there were scheduling conflicts, he asked staff to work with as many Councilmembers as possible in order to get started filling vacancies on bodies where two or three people are needed. Mayor Spiegel went on to wish everyone a happy holiday season. 2. City Council Consideration of Travel Reauests and Reports: None 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 3. City Council Committee Reports: a) Animal Adoption Fair — Councilmember Finerty reported that she'd participated in the recent Adoption Event and ended up bringing home the Royal Couple, "Kate and Will." 4. City Council Comments: a) Recycling — Councilmember Benson referred to an envelope she'd received the other day that was started for circulation in 2006. She said Jim Ferguson was the last one to receive it before her, with the whole page filled with Senders/Recipients from 2006 to date, illustrating that the City does practice what it preaches with regard to recycling. 5. Suaaested Items for Future City Council Meetina Aaendas: a) Desert Willow Marketina Plan Study Session — Mayor Pro Tem Kroonen referred to the item on today's agenda regarding Desert Willow Marketing, asking staff to follow up on Mr. Mogensen's offer to provide a Study Session on their marketing program. He would welcome such a presentation. b) Roof Decks — Councilmember Benson referred to a memo she'd received regarding roof decks. She asked staff to take the appropriate steps to get on a future agenda for consideration. Mr. Wohlmuth responded that he'd sent a memo to Council, indicating that there is an application to the City for approval of a roof deck on Buckboard Trail, and there is an issue with interpretation of the Code in this instance. He recalled for Council that the City was now in the midst of updating its Zoning Code; however, there is a concern about possible perpetuation of roof decks between now and when the new Zoning Code is ready for consideration and adoption. He offered to agendize the matter for January. Councilmember Benson noted that the memo suggested imposing a moratorium on such structures until the Code is updated, and she concurred. Mr. Wohlmuth agreed to place an item on the agenda next month. 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011 XIX. ADJOURNMENT On a motion by Finerty, second by Benson, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting at 6:04 p.m. ATTEST: RAC ELLE D. KLASSEN, CITY CEL RFC CITY OF PALM DESERT, CALIFORNIA ROB RT A. SPI OR 36