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HomeMy WebLinkAbout2011-10-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 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 3:00 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 Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs J. Luis Espinoza, Assistant Finance Director Dorian Cooley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, Acting Interim Chief, Palm Desert Police/Riverside Co. Sheriff Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 74-555 Falcon Lane (APN 624-430-009), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Liz Y. Granillo Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - 42-455 Washington Street, Palm Desert Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: City of Palm Desert/Palm Desert Redevelopment Agency Other Parties: Up A Creek, Inc. (Casey's Restaurant) 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) City of Palm Desert v. Federal Housing Finance Agency, Federal National Mortgage Association, and Federal Home Loan Mortgage Corporation, United States District Court Case No. 10-cv-04482 (N.D. Cal.) C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Mr. Erwin asked the City Council to add an item for Closed Session discussion, as follows: D. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 On a motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, the aforementioned case of potential to initiate litigation was added to the agenda for Closed Session. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 Upon a motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Councilmember Jan C. Harnik VIII. ORAL COMMUNICATIONS - B MS. BRIDGET ZAPPIA, Palm Desert, read a prepared statement, received for the record and now on file with the City Clerk's Office, having to do with the petition submitted August 25, 2011, in opposition to the Rosewood Hotel Project. She said that last Council Meeting she came forward to request that Councilmember Harnik disclose the name she asserted was forged on her petition at the September 29 City Council Meeting. The petition was in opposition to the proposed Rosewood Hotel. As she had personally collected half of the signatures, she was shocked by this allegation. She said the public nature of the allegation, and the fact that Councilmember Harnik attacked a constituent, underscores the seriousness of the offense. In order to prevent further injury to her reputation, she sought the information in order to clear her name. She requested that Councilmember Harnik give the alleged forged name to the City Clerk in order to research the matter. However, she did not hear back from Councilmember Harnik nor the City Clerk but was contacted by the City Attorney. He said that Councilmember Harnik is not giving the name of the person she claimed was forged on the petition in order to protect that person, which begged two questions. First, how her own name is protected against the allegation; secondly, she wondered if she was now open to a lawsuit from the City for submitting a forged document. Therefore, today she came forward again to ask Councilmember Harnik to give the name asserted to be forged. She said the City Attorney had recommended that she go back to the people on the petition to inquire of their signatures. To that end, she did contact others who had also collected signatures; thus far, no one has found any to be forged. However, she was puzzled why the burden of proving the falsity of this unwarranted, slanderous attack is on her. She went on to say that on September 29, City Councilmembers came together to tighten up the language of a development agreement for a proposed development along Highway 74. Her petition in question was moot at that point because of Council's favorable vote on the project on August 21 [sic]. She was completely baffled why her representative 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 would allege forgery on the petition in front of City staff, the business community, fellow residents, and news reporters. She considered Councilmember Harnik's actions malicious and abusive, especially when the document had no relevancy to the issue being heard that day. On October 13, she again came before the City Council during Oral Communications to request the forged name in order to get to the truth of the matter. Instead, the forgery assertion was confirmed by the vote to approve the Minutes of the September 29 Council Meeting. Now the public can read Councilmember Harnik's professed charges of a crime toward her petition in the Minutes posted on the City website. Again, she stated that her sole purpose for starting the petition and getting signatures was to assist each of the Councilmembers in their decision -making. She believed many residents either did not know about the project or did not have knowledge about it. She strongly believed her efforts would be of service to the community and to the Council. She was of the opinion that Council Meetings were open for public discussion and participation in City issues. Instead, she is faced with defamation of character, slander, and libel for getting involved in City business. She was reminded of the recent events in Indian Wells when a resident came forward to question its city council. Although she does not have a paid job to lose, she was very fearful of what more can happen to her for her participation with City government and her inquiries of Councilmember Harnik. Regardless, that is how important her name is to her, and she again asked Councilmember Harnik to provide the City Clerk with the name that was alleged to be forged. Councilmember Harnik responded for the record that there was no criminality ever alleged toward Ms. Zappia. She had no idea that it was Ms. Zappia behind the petition. She said Ms. Zappia, or whoever turned in the petition, represented that all of the people were from south Palm Desert, and she pointed to the handwritten text on the first page. MS. ZAPPIA disagreed. She said someone could have written it on a page, and she referred to the remaining 10 - 20 pages of signatures that say the original document. Responding to Councilmember Harnik's statement, she answered that she wrote the specific text being referred to. Councilmember Harnik observed that was the way the petition was turned in. She went on to say, of course, she would suggest that there be no further action taken on the petition. She asked Ms. Zappia if she was ready to take down the addresses on the petition that she took issue with. In response to Mayor Benson, Councilmember Harnik said that the agenda did state that Councilmembers may briefly respond to a requester. She went on to advise Ms. Zappia to check the address listed for Broken Arrow and on Shadow Lake, neither of which exist in the City, and she also offered to meet with Ms. Zappia tomorrow at 12:30 p.m. at City Hall in her office. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 MS. ZAPPIA asked whether Councilmember Harnik was questioning the addresses or the signatures, as that wasn't her initial allegation on September 29 — it was that there was a forgery on the document. Councilmember Harnik responded that the addresses she referred to did not exist in the City of Palm Desert and that there was a forgery. She did not want to give a name in this setting but again offered to meet with Ms. Zappia tomorrow at 12:30 p.m. MS. ZAPPIA asked if the City Clerk would be available to record the conversation. Councilmember Harnik answered affirmatively, and in response to her inquiry, Ms. Klassen said she believed she was available at that time as well. OCCUPY COACHELLA VALLEY PROTEST participants addressed the City Council regarding their movement that was located in Civic Center Park this week, as follows. MR. DUSTIN POWELL, Palm Springs, CA, said he was a student at College of the Desert and, on behalf of the Occupy Coachella Valley Group, thanked the City of Palm Desert for recognizing their First Amendment Rights and for accommodating their group. As members of the community, it was their intent to come together and work for the improvement of the lives of fellow citizens and members of the community. It was also their intent to occupy legally and to use existing channels. They expect and accept the accommodations of Palm Desert in this pursuit. MR. JAYEL AHERAM, Palm Desert, CA, said he was a student at College of the Desert, one of the "Occupiers," and he, too, thanked the City for recognizing their legitimate expression of free speech. He explained that he was here today and spending his time participating in Occupy as a 27-year-old Marine Veteran of the Iraq War and a full-time student. He said that this movement was not against local leaders, as they are pro -business and pro -local governance. He wanted it to be known that this movement was not some sort of partisan movement to attack a specific party, but it was a protest against a corrupt, two-party establishment in the national government that chooses to use taxpayer monies to bail out the banks — that was the reason he was here and many others were too each day. He again thanked the City Council for recognizing this outlet. MR. RYAN CARTWRIGHT, Palm Desert, CA, emphasized that to a certain extent, the Occupy was a structured political movement but non -political in its approach. It is fundamentally aimed at pointing out the inconsistencies between the Constitution and the way government is carried out from the Federal to the local level, how it is affecting Americans in their day-to-day lives. Americans have a proud right to speech and assembly, and they 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 thanked the City for cooperating with them in their attempt to protest peaceably. He said they would like to continue the effort; they didn't think that there should be any reason for conflict between their group and the City — they wanted to work together with the City, with the Police, the schools, and they wanted to be a positive force in this community. MR. JARED ANDRESEN, Indian Wells, CA, wanted to thank the City for granting the temporary permits that have allowed their Occupy group to express themselves. DR. DEBRA SAVITT, La Quinta, CA, said she was one of the older ones at 59 years of age and was very grateful to the City for working with their group. She said they want to make a statement about what they believe in; they are a group of many different ages and backgrounds, but most of them feel similarly right now about how the country is being influenced by corporations. They feel that some of the big corporations are really not taking care of the people, and it's gotten out of hand. She also appreciated the right to peacefully assemble at the Civic Center, the allowance for daily permits. She'd been watching the younger participants in the group and felt they'd been doing a good job of taking care of their space; she was very proud of them. MR. KYLE CLIFFORD, Palm Desert, CA, said he was a local homeowner here, a full-time worker, a parent to two children, and one of the "Occupiers." He thanked the City first and foremost for recognizing their right to freedom of assembly and freedom of speech. He said their point was to bring about public and community awareness, trying to get more community action involvement, both locally and on a national level. He appreciated the City's working with them. MS. REBECCA DAY, Palm Desert, CA, said she was asked to speak today to put another face with the movement. She is a 60-year-old ex -flight attendant and became involved here for the same reasons as many of the others had. She noted that she lived very comfortably and was not worried about a job today, but she was worried about the future of this country and the direction it was taking. She thanked the City Council for giving all of them the opportunity to speak and to encamp at the Park, and hoped that the City will continue to allow them to do so. She commented that she has several houses around the country, so it wasn't a matter of just angry children; it was a lot more and far deeper than that. She remarked that society had asked these children in our communities to do what they could to become successful — they went to school, got good grades, went to college, but what happened was that there are no jobs out there for them anymore. What their group has found is that there are a lot of young students and people that are fully employed, full-time students, there are 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 doctors — a wide range of people interested in this peaceful movement. She reiterated that they hoped to be able to continue. MR. MO GANOM (sp?), Palm Desert, CA, said he was not part of the Occupy Movement but supported their right — a fundamental right of this country. He felt it was at a point now where, as a small city, Palm Desert should stand for the right of the citizens for peaceful assembly. He referred to what has happened around the country and how other protesters have been treated in big cities. So on behalf of Palm Desert, he asked the City to support them and send the message that freedom of speech and peaceful assembly are always welcome any time, any day in our community. MR. ROBERT SENACLE (sp?), Indian Wells, CA, felt that the entire desert area was a community; therefore, he wasn't uncomfortable appearing before the Palm Desert City Council. He didn't think most people realized that the economic and political situations were separate and that what goes on is not necessarily a function of who is in office. Nevertheless, he wanted the person in office to do something — he'd been unemployed for almost three years. He didn't wish any will upon anyone but wanted to be able to contribute. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, OCTOBER 27, 2011, AS "RIVERSIDE COUNTY FIRE DEPARTMENT BATTALION 12 - STATION NO. 71 DAY" IN THE CITY OF PALM DESERT, AND RECOGNIZING THE SUCCESSFUL LIFE-SAVING EFFORTS OF ITS PERSONNEL DURING A CALL ON SEPTEMBER 3, 2011. On behalf of the City Council, Mayor Pro Tem Spiegel presented the framed proclamation to representatives of Battalion 12 - Station No. 71 and congratulated them for the fine work they do to fight fires, save lives, and keep people safe every day in our City. B. PRESENTATION OF 2011 "MINI -MUSTER" FIRE SAFETY PROGRAM RECOGNITION AND ARTWORK AWARD CERTIFICATES. On behalf of the City Council, Mayor Pro Tem Spiegel presented Artwork Award Certificates to Third Graders from Palm Desert Elementary Schools, whose award -winning entries were displayed in the Council Chamber foyer for today's meeting and will be framed to hang in the City's Fire Stations: 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 — Alexi Yoder, James Carter Elementary School — Jennifer De Leon, Abraham Lincoln Elementary School — Kevin Cox, Ronald Reagan Elementary School — Gianna Wright, Gerald Ford Elementary School — Parker Yoon, George Washington Charter Elementary School MR. JOHN MARMAN, Mini -Muster Coordinator, thanked the Riverside County Firefighters, the City for its sponsorship, Desert Sands Unified School District, and the Historical Society of Palm Desert for all the support and efforts to make this year's 19th Annual Mini -Muster another successful one — now having educated over 11,000 third graders on fire safety. He also thanked Mini -Muster Art Coordinator Adele Ruxton, Historical Society of Palm Desert President Brett Romer, and Fire Engineer Kevin Merck for their invaluable support in conducting the Mini -Muster. He went on to present certificates of appreciation and engraved plaques to the City, the participating Elementary School Principals and staff, to the Fire Stations and Firefighters, and once again thanked all for their contributions and support. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 13, 2011, and of the Special Joint City Council -Redevelopment Agency Meeting of October 13, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 91, 94, 95, 96, 100, and 101. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of July 2011 and August 2011 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of July 26, 2011. 2. Library Promotion Committee Meeting of June 22, 2011. 3. Marketing Committee Meeting of September 20, 2011. 4. Public Safety Commission Meeting of September 14, 2011. Rec: Receive and file. E. LETTER OF RESIGNATION from Berit Reistad-Daly — Citizens' Advisory Committee for Project Area No. 4. Rec: Receive with regret. F REQUEST FOR AUTHORIZATION to Reject All Bids for the Annual Fertilizer Purchase, Fiscal Year2011-2012 (Project No. 912-11). Rec: By Minute Motion, reject all bids for the Annual Fertilizer Purchase, FY 2011-2012. G. REQUEST FOR APPROVAL of Contract with Office Depot for Citywide General Office Supplies (Contract No. C31280). Rec: By Minute Motion, approve the subject contract with Office Depot for a one-year period, effective October 27, 2011, with two possible one-year extensions. H. REQUEST FOR APPROVAL of a Joint Access Agreement Between the City of Palm Desert and Westin Desert Willow Villas at Desert Willow Golf Resort (Contract No. C31290). Rec: By Minute Motion: 1) Approve a Joint Access Agreement between the City and Westin Desert Willow Villas at Desert Willow Golf Resort; 2) authorize the Mayor to execute same. I. REQUEST FOR AWARD OF CONTRACT to Davey Resource Group in an Amount Not to Exceed $15,000 for the Tree Inventory/Assessment at Desert Willow Golf Resort (Contract No. C31300). Rec: By Minute Motion: 1) Award the subject contract to Davey Resource Group, Atascadero, California, for the Desert Willow Golf Resort Tree Inventory in an amount not to exceed $15,000; 2) authorize the Mayor to execute said agreement — funds are available in FY 2011-2012 Desert Willow Operating Budget, Account No. 520-4195-495-8031. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 J. REQUEST FOR APPROVAL of Program Supplement Agreement No. 005-N1 for Congestion Mitigation and Air Quality (CMAQ) Funds Between the City of Palm Desert and the State of California Department of Transportation (Caltrans) for the Acquisition of Right -of -Way Related to the Free Right Turn at Fred Waring Drive and Highway 111, and Authorize the Director of Public Works to Initiate the Acquisition of Said Right -of -Way (Contract No. C28800, Project No. 658-08). Rec: By Minute Motion: 1) Approve Program Supplement Agreement No. 005-N 1 to Administering Agency -State Agreement for Federal -aid Projects No. 08-5414R between the City of Palm Desert and Caltrans; 2) authorize the Mayor to execute same; 3) authorize the Director of Public Works to initiate acquisition of right-of-way for the free right turn at Fred Waring Drive and Highway 111. K. REQUEST FOR AUTHORIZATION to Release Maintenance Security for Parcel Map No. 34211-1 — Construction of Street Improvements on Technology Drive (Wilson, Johnson, Sharp, Applicants). Rec: By Minute Motion, authorize release of the Maintenance Security for Parcel Map No. 34211-1. L. CONSIDERATION of an Exception to Palm Desert Municipal Code Section 9.58.010 (Consumption of Alcoholic Beverages on Public Property) for a Private Event at the Palm Springs Art Museum -Palm Desert (The Galen), 72-567 Highway 111 on November 5, 2011 (Palm Springs Art Museum, Applicant). Rec: By Minute Motion: 1) Approve an exception to Palm Desert Municipal Code Section 9.58.010 (Consumption of Alcoholic Beverages on Public Property) for a private event at the Palm Springs Art Museum -Palm Desert (The Galen), located at 72-567 Highway 111 on November 5, 2011; 2) authorize the City Manager to execute the Temporary Use Permit associated with this event. On a motion by Kroonen, second by Spiegel, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. Xl. CONSENT ITEMS HELD OVER None 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT TO UNION TREE & PALM SERVICE FOR FISCAL YEAR 2011-2012 TREE PRUNING AT DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $50,000 (CONTRACT NO. C31220). Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize award of the subject contract to Union Tree & Palm Service, Cathedral City, California, for the FY 2011-2012 Tree Pruning at Desert Willow in an amount not to exceed $50,000 and the Mayor to execute same — funds are available in Desert Willow Fund 520. Motion was seconded by Finerty and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF CONTRACT WITH THE RIVERSIDE COUNTY COMMUNITY HEALTH AGENCY, DEPARTMENT OF ANIMAL SERVICES, IN THE AMOUNT OF $296,173 OVER FOUR FISCAL YEARS (2011-2012 TO 2014-2015) FOR ANIMAL SHELTER SERVICES (CONTRACT NO. C31310). Councilmember Finerty stated she'd like to move for approval of the request but first wanted to ask staff a question about the 40% savings being realized on the contract going forward. She wondered if it meant that the City would still be able to promote low-cost adoption rates. Ms. Aylaian responded that the County had already anticipated the reduction in cost to that extent at the time the City was developing its budget for Fiscal Year 2011-2012. Therefore, the number included in the budget for this year already reflected the contract savings, and the reduction explained in the staff report didn't represent any excess cash in the General Fund at this time. However, she added that there was money provided in the budget to 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 continue with the $20,000 annual contribution toward the Animal Adoption Coordinator position. Councilmember Finerty moved to, by Minute Motion, approve the subject contract with the County of Riverside Community Health Agency, Department of Animal Services, for the provision of Animal Sheltering Services from January 16, 2012, to June 30, 2015, and be subject to termination by either party with 180 days' notice — base contract for January 16, 2012, to June 30, 2012, is $45,580; and for each of Fiscal Years 2012-2013 to 2014-2015 is $83,531. Motion was seconded by Kroonen and carried by 5-0 vote. C. REQUEST FOR APPROVAL OF THE EXTENSION OF COOPERATIVE AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND CITY OF PALM DESERT TO PROVIDE FIRE -RELATED SERVICES (CONTRACT NO. C23911). Mayor Pro Tem Spiegel moved to, by Minute Motion, approve an extension to the existing Cooperative Agreement to Provide Fire -related Services between the County of Riverside and the City of Palm Desert until June 30, 2012. Motion was seconded by Finerty and carried by 5-0 vote. D. CONSIDERATION OF A $2,500 SPONSORSHIP REQUEST BY PALM SPRINGS MODERNISM WEEK, FEBRUARY 16-26, 2012. Mr. Aryan offered to answer any questions from the City Council. He explained that Palm Springs Modernism Week was seeking a $2,500 sponsorship commitment. If the Palm Springs Art Museum at Palm Desert is open by that time, they hope to use that money to hold some type of event there during Modernism Week. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve a $2,500 sponsorship request by Palm Springs Modernism Week; 2) appropriate $2,500 from the Unobligated General Fund if City Council for the sponsorship request. Councilmember Harnik observed that if the Palm Springs Art Museum - Palm Desert wasn't open by that time, it sounded as though the sponsorship will carry over to 2013. Mr. Aryan wasn't certain that would be the case, but he offered that City Council could make it part of their motion to clarify the intent for the funds in case the Museum wasn't open in Palm Desert by Modernism Week 2012. Councilmember Finerty thought that is what the staff report stated in the third paragraph under the Background subheading, quoting, "If there is not an opportunity to have an event in Palm Desert in 2012, organizers indicated they are willing to consider such an option for the 2013 Palm Springs Modernism Week." 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 Mr. Aryan reiterated that it was what he needed to clarify — if they don't have an event, whether or not the organizers would return the money to the City — the $2,500 donation then being contingent upon their holding of an event here. Responding to question, he said this expenditure was not a budgeted item and would need to come from unobligated funds. Mayor Pro Tem Spiegel amended his motion to, by Minute Motion: 1) Approve a $2,500 sponsorship for Palm Springs Modernism Week 2012, with said funds to be returned to the City if the Palm Springs Art Museum -Palm Desert is not ready to host programs connected with the 2012 event; 2) appropriated $2,500 from the Unobligated General Fund for this sponsorship. Motion was seconded by Harnik and carried by 5-0 vote. E. CONSIDERATION OF REQUEST FOR COMPLETE STREET CLOSURE ON EL PASEO BETWEEN HIGHWAY 74 AND OCOTILLO DRIVE, AND TO PERMIT CONSUMPTION OF ALCOHOLIC BEVERAGES AT A SPECIAL EVENT ON CITY PROPERTY TO BENEFIT THE "BEHIND A MIRACLE" FUNDRAISER ON NOVEMBER 19, 2011. Assistant Planner Missy Wightman stated that the "Behind A Miracle (BAM)" organizers requested approval to hold an event on El Paseo between Highway 74 and Ocotillo Drive. A similar successful event was held last year; staff was not aware of any complaints. She related that staff typically approves Temporary Use Permits over the counter after a review by all internal City Departments. The subject request was an exception because of the complete street closure on El Paseo between Highway 74 and Ocotillo. The event itself would take place from 5:00 p.m. - 8:00 p.m., but organizers will be setting up throughout the day. During daytime set-up hours, one lane immediately adjacent to the sidewalk will be closed, allowing traffic through in both directions. Just prior to the event starting at 5:00 p.m., both lanes will be closed in both directions. Additionally, she said they would be serving alcohol on the City street. Last year there was a requirement to maintain security so that no one could leave the gated area to walk on the public street or sidewalk with an alcoholic beverage in hand, and the same condition would apply this year. She said the Applicant had submitted a Request to Speak card in order to address specifics of the event, and she offered to answer any questions before the Applicant spoke. In response to question about the serving of alcohol outdoors last year, she said last year's application indicated they would be serving outside; but she wasn't at the event and couldn't verify. MS. THERESA MAGGIO, Marketing Director for Bighorn Golf Club and Bighorn BAM, along with Bighorn BAM Founder MS. SELBY DUNHAM, addressed the City Council regarding their questions. Ms. Maggio confirmed that last year there were four bars out on the street; all were contained within 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 the specified area secured by the private security company provided by The Shops on El Paseo. Councilmember Finerty offered that she'd had the privilege of participating two years ago. The street was closed, there was alcohol, and it was a wonderful event for a great cause. Mayor Benson agreed it was a great cause. In response to Mayor Pro Tem Spiegel's comment that the event would be complete with snow this year, Ms. Maggio confirmed that there was a 100% forecast of snow. Organizers were bringing in snow machines to be placed along The Shops On El Paseo. They are also bringing in an ice skating rink and 60-person choir group; the event will include official lighting of the Christmas tree on El Paseo, and Santa Claus will be there too. Ms. Maggio went on to say that the stores were all open last year and gave a percentage of their sales — a combined total of $160,000 worth of merchandise was sold. It was very well attended with 800 people last year and keeps growing. This year they were also doing a half-hour television special about BAM on El Paseo, and it will play on CBS seven times between Thanksgiving and New Year's. Responding to question if Police would be present to help direct people, Ms. Maggio said the private security company has been hired and will be ready to help get people where they need to go; they've done a great job the last two years. She added that there will also be shuttles for Bighorn members to come directly from their development and be dropped off at one of the central points for the event; there will be three check -in tables to manage all attendees. In further response, she said if someone was coming down Highway 74, there will be all kinds of signage right before the intersection of El Paseo. Traffic will be directed into the parking lot behind The Shops on El Paseo. Through traffic will be directed to go one way, event parking will be the other way, and the intersection will also be manned to keep it flowing smoothly. If people driving down Highway 74 are not able to see that entry point, they will see the street closure signs all the way around, and they'll be able to go on to Highway 111, then up Ocotillo, and she'd been advised that there are 2,000 parking spaces in that area. Councilmember Harnik called attention to the maps attached to the staff report where placement of all the signs and detours was indicated, and it appeared the organizers had gotten very detailed. She thanked both Ms. Dunham and Ms. Maggio for what looks to be a fabulous event, and it was very exciting that Bighorn was participating in and sharing it with El Paseo. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 Mayor Pro Tem Spiegel moved to, by Minute Motion, approve a permit to close streets and sidewalks owned by the City on El Paseo located between Highway 74 and Ocotillo Drive, and to allow the consumption of alcoholic beverages within this area for the BAM on El Paseo event to be held November 19, 2011. Motion was seconded by Finerty and carried by 5-0 vote. F. REQUEST FOR APPROVAL OF THE REALLOCATION OF FUNDS WITHIN MARKETING BUDGET FROM THE PREVIOUSLY FUNDED PD STYLE MAGAZINE TO NEW MARKETING AND ADVERTISING OPPORTUNITIES IN FISCAL YEAR 2011-2012. Visitor Center Manager Donna Gomez explained that with the PD Style Magazine no longer being published, the City has $60,000 within the Marketing Budget currently that staff wishes to reallocate for additional marketing programs, as outlined in the staff report. Councilmember Finerty said she was pleased with the report, felt it was a good use of funds, and she liked the variety of ads. In response to Councilmember Harnik, Ms. Gomez confirmed the $4,000 was spent for the advertorial within the past Vision Magazine. Mayor Pro Tem Spiegel commented that the Marketing Committee unanimously approved this recommendation forthe Council's consideration. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve the reallocation of $60,000 included within the Marketing Budget, Account No. 110-4417-414-3027, for new marketing and advertising opportunities, FY 2011-2012.; 2) ratify the expenditure of $4,000 from this fund forthe production of an advertorial forthe Coachella Valley Vision magazine. Motion was seconded by Finerty and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. INFORMATIONAL REPORT AS A SIX-MONTH FOLLOW-UP ON SHORT-TERM RENTALS. Councilmember Finerty moved to receive and file the report. In answer to Mayor Pro Tem Spiegel's question about the matter of Short- term Rentals coming back before the City Council, Mr. Wohlmuth said the Council could receive and file the report or provide any other direction to staff 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 at this time. He had asked and will work with staff to bring back a program that he believed could be fine-tuned. He understood that there are firms that can help the City oversee and enforce Short-term Rentals; he thought Rancho Mirage had such a contract. Additionally, he wanted to see some provision to assist the City where a management company or the residents who own Short-term Rental homes are on call 24 hours/day, seven days/week for City staff to be able to call on them if any issues arise. Therefore, he recommended continuing this report in order to bring back some recommendations. Councilmember Finerty agreed and withdrew her previous motion. Mayor Pro Tem Spiegel moved to, by Minute Motion, continue to a date uncertain the Informational Report on Short-term Rentals in the City. Motion was seconded by Finerty. Mayor Benson stated she would like to see the recommendations include something to provide a modified amnesty period. Since there were so many homes that were unregistered, she proposed giving a specific week or period of time where applicants either wouldn't have to pay the CUP (Conditional Use Permit) fee or have it reduced to a minimum amount in order to get them registered. She felt this would show that the City was trying to work with those homeowners, because the $500 fee probably deters many would-be applicants. She thought a fee closer to $100 would be more attractive. Mayor Benson called for the vote on the motion to continue to a date uncertain, and it carried 5-0. XVII. PUBLIC HEARINGS A. REQUEST FOR ACCEPTANCE OF CAL COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING (SLESF) FOR 2011-2012. Mr. Aryan reported that the City of Palm Desert is eligible to receive approximately $100,000 in CaICOPS (SLESF) funds this fiscal year. In Palm Desert, the majority of the grant funds go toward providing the annual Holiday Theft Suppression Program, which will run this year from Friday, November 25, through Monday, January 2. He said the grant also helps to fund overtime for officers to patrol City businesses and neighboring residential areas from 11:00 a.m. to 10:00 p.m. Remainder of the funding is used throughout the year for various training and conferences and for acquisition of necessary equipment to support front-line law enforcement services. He added that as part of the recommended motion, if the Council so desires, staff requested that it include acceptance of the Expenditure Plan as presented in the Fiscal Analysis section of the staff report; this language 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 was inadvertently omitted under the recommendation. He offered to answer questions. Mayor Benson declared the public hearing open and invited testimony in SUPPORT OF or OPPOSITION TO acceptance of the SLESF Funding. With no testimony offered, she declared the public hearing closed. Mayor Pro Tem Spiegel moved to, by Minute Motion, accept the CaICOPS Supplemental Law Enforcement Services Funding (SLESF) grant award of $100,000 to cover the cost of the 2011 Holiday Theft Suppression Program, training/conferences, and the acquisition of necessary equipment to support front-line law enforcement services in the City, including acceptance of the Expenditure Plan as presented in the Fiscal Analysis section of the accompanying staff report. Motion was seconded by Kroonen and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period October 5 - 18, 2011. Mr. Wohlmuth called attention to the Meeting Summaries Report provided in the agenda packets. With City Council concurrence, it was received and filed. 2. Council Chamber Audio -Visual Upgrade Proiect Mr. Wohlmuth reported that today the City received the last camera needed for videography of Council Meetings and that all of the other equipment is installed as well. Now staff will be performing further internal testing of the videostream from today's meeting to verify the camera system arrangement and picture quality, with a full test to occur at the November 10 meeting, along with first test of printing the CD for Time Warner Cablevision broadcast. He said with only one meeting planned for November (since Thanksgiving falls on the fourth Thursday), it was estimated that the December 8 meeting will be the first to be web -streamed live and possibly also rebroadcast on Time Warner's Public Access Channel. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 3. City Council Study Session-Zonina Ordinance Update -November 10 Later in the meeting, Mr. Wohlmuth announced that staff was planning a City Council Study Session with the potential consultant for updating the City's Zoning Ordinance. The Study Session was being planned for Thursday, November 10, at either 2:00 p.m. or 2:30 p.m., depending upon how much time staff felt was required. He said this would provide Council with the opportunity to meet the consultant and discuss issues with staff in order to craft a user-friendly Zoning Ordinance. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: None 2. City Council Consideration of Travel Requests and Reports: None 3. City Council Committee Reports: None 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 4. City Council Comments: a) Traffic Signal Frank Sinatra Drive/Portola Avenue — Mayor Pro Tem Spiegel observed that the light standards were now up for the traffic signal to be installed at Frank Sinatra/Portola, and he thanked Mr. Greenwood. Mr. Greenwood responded that the signals should be operating by mid -November. 5. Suggested Items for Future City Council Meeting Agendas None XIX. ADJOURNMENT On a motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting at 4:55 p.m. ATTEST: RA'CHELLE D. KLASSE14, CITY CLERK CITY OF PALM DESERT, CALIFORNIA �p1 JEAN M. BENSON, AYR 1 19