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HomeMy WebLinkAbout2012-12-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 13, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilmember Cindy Finerty Councilmember Jan C. Hamik Mayor Pro Tem William R. Kroonen Mayor Robert A. Spiegel Present at 4:00 D.M. Reconvening: Councilmember-elect Van G. Tanner Councilmember-elect Susan Marie Weber Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Kevin Vest, Chief, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: 42-148 Verdin Lane (APN 624-440-003), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Successor Agency to the Palm Desert Redevelopment Agency/Palm Desert Housing Authority Property Owner: Justin and Patricia Mansker Under Negotiation: x Price x Terms of Payment 2) Property: 75-406 Orange Blossom Lane (APN 634-062-013), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Successor Agency to the Palm Desert Redevelopment Agency/Palm Desert Housing Authority Property Owner: Heika Pfeiffer Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(b): Number of potential cases: 2 Mr. Erwin sought City Council's consideration of adding, by four -fifths vote, two items of Property Negotiation pursuant to Govemment Code Section 54956.8 (making them Item Nos. 3 and 4 on this agenda): 3) Property: 72-290 Highway 111 (APN 640-020-039), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Mark Greenwood/City of Palm Desert Property Owner: Waring Plaza Properties, LP Under Negotiation: x Price x Terms of Payment 4) Property: 72-286 Highway 111 (APN 640-020-040), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Mark Greenwood/City of Palm Desert Property Owner: Robert A. Weigel and Joanne M. Weigel Under Negotiation: x Price x Terms of Payment 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 Upon a motion by Hamik, second by Benson, and 5-0 vote of the City Council, the aforementioned Property Item Nos. 3 and 4 were added to Closed Session. On a motion by Finerty, second by Benson, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:05 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 VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. MR. FRED SAUNDERS, Executive Director, Animal Samaritans, presented "Duke," a two -year -old, male terrier mix that was ready for adoption at their facility. Anyone interested were encouraged to contact Animal Samaritans at either phone number (760) 343-3506 or (760) 343-3477, and there was a great deal of helpful information on their website. He also announced an upcoming event they were planning, the "Men of the Desert" Fashion Show in February. B. GENERAL ORAL COMMUNICATIONS. 1. MS. MARY LOU SUTER, Executive Director, Joslyn Center, 73-750 Catalina Way, Palm Desert, addressed the City Council to provide an interim update on the Center's activities. She thanked the City for its generous current and past support for the Joslyn Center, for which they were most grateful. She reported since January 2012, the Joslyn Center has: 1) Had over 27,000 individuals come through its doors; 2) served over 15,000 with its Meals On Wheels Program (over 11,000 being in Palm Desert); 3) provided services to over 1,400 individuals in its Penny's (sp?) Pantry; 4) made over 3,300 calls to seniors home by themselves through its Telephone Safety Net. Three new Members have joined the Board of Directors — Janet Underwood from Indian Wells, Vicky James (sp?) from Rancho Mirage, and 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 Aurora Wilson from Palm Desert. Two new grants were received, with Wells Fargo Foundation donating $5,000 toward the Meals On Wheels Program and the Houston Family Foundation donating $15,000 for a pilot project - a collaboration with Jewish Family Services - the "Senior Access to Care Program." Seasonal activities that have taken place at the Joslyn and graciously touched the community included the Joslyn Quilters donating over 100 quilts to various organizations; and in November the Wood Carvers completed a project to carve and paint American Eagle heads, which were affixed to canes donated to the Wounded Warrior Battalion at the Marine Corps Combat Center in 29 Palms. Lastly, everyone at the Joslyn Center wished all a very happy holiday season and all the best in the new year. 2. MR. DEAN GATONS, Avenue Arcada, Palm Desert, thanked both Ms. Finerty and Dr. Kroonen for their service to the City and welcomed Mr. Tanner and Ms. Weber to the Council as well. He noted that he had the pleasure of serving on the City's Citizens' Sustainability Committee, and today he wanted to speak to the issue of pet waste that was part of the environment. With all of the pets being walked along Hovley Lane, he observed a lot of that waste being left behind when he walks the street every day. Fortunately over the years, two pet waste stations were installed at the far west end of Hovley Lane West but were noticeably absent midway along the street, as well as on the east end. He requested that these stations be added to those locations, because it was a very well - traveled boulevard by the dogs; having those stations would help keep the City clean. He realized budgeting was tight right now, so he suggested reminding everyone to shop Palm Desert to keep the tax base dollars local, adding that it might be beneficial to provide such a reminder in the Bright Side newsletter too. Secondly, he felt that Monterey Avenue in the far north end of the City was under -served for gas stations, with the only ones in that area being members -only at Costco and Sam's Club. When shopping at Walmart, he was frequently asked by other shoppers about a close gas station. . Realizing that there may be a zoning issue to first be considered, he encouraged the City to see if it could locate a station in that center to bring further tax base to Palm Desert. Mayor Spiegel asked Mr. Greenwood to make contact with Mr. Gatons about his request. 3. MS. DOROTHY BAILEY, Desert Hot Springs, CA, said she was here today with several other participants in Occupy Coachella Valley. She said they focus on local issues — social, political, economic, and environmental injustice — with a goal of educating the public about 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 these injustices through non-violent, community -building action. She said they also applaud other groups for positive actions when they occur. 4. MR. LEW STEWART, Palm Springs, CA, noted that Occupy Members have come to the Chamber many times during the past year, often with critical commentary. Today they came to praise the City Council for acts of generosity that may have been partially overlooked in the community. First, a strong commitment to aiding the homeless in the past year with generous giving to the charities that lessen their suffering, most notably Coachella Valley Rescue Mission, Martha's Kitchen, and Roy's. Second, he said today they were in the unusual position of thanking Bank of America for a random act of kindness. He related that two weeks ago when the Bank foreclosed on a local home, they were then contacted by Well of the Desert, because the foreclosed property was housing people they'd placed there. When faced with throwing already homeless people to the curb at Christmastime, Bank of America surprised everyone by deeding the home to Well of the Desert. Lastly, they praised Mayor Spiegel for his proposal to donate $1 million to Hurricane Sandy Relief, as reported in The Desert Sun last month. Mr. Stewart stated that this was a shining example of how communities can reach out in crisis to help one another, and his group thought it was an excellent use of one city's rainy -day public funds to help the storm -battered cities of New York, New Jersey, and Connecticut. Even though the Federal and State Governments, private relief and insurance agencies have begun the recovery, thousands were still homeless and in need of aid. He believed the Palm Desert City Council deserves commendation for its outstanding gesture of generosity in this season of giving. 5. MS. LORRAINE SALAS said she was also present today to applaud the idea of giving to the relief effort because of Hurricane Sandy. She felt everyone had seen many great things coming out of the Occupy Movement that began over a year ago — people shedding light on injustices, such as the extreme differences seen in wealth and income distribution; this country having the biggest gap in the world. She commented that probably not many were familiar with Occupy Sandy, but noted that longtime activists were not surprised to see Occupy become leaders in the Sandy Relief Effort. It represented a shift from organizing in Zuccotti Park to one of community aid as a natural extension of the Movement, with its initial priority being flashlights and batteries and has now been going on for about a month. She stated that their group would like to see some of the aforementioned relief funds going toward Occupy Sandy. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 6. MS. MARNELL FARLEY, Palm Desert, CA, remarked that she also congratulated Mayor Spiegel for his donation of $1 million. However, she wished to point out that while the offer of $1 million is commendable, perhaps it was more than Palm Desert could afford with so many pressing social and economic issues to deal with locally. In this spirit, those of the Occupy Group ask that the Council consider the following: 1) Donation for Hurricane Sandy Relief be reduced to $100,000; 2) that the donation be made to Occupy Sandy to aid their continuing efforts in the hardest hit areas; 3) that $50,000 be donated to each of our local homeless shelters (I. e., Coachella Valley Rescue Mission, Martha's Village, and Roy's); 4) that $10,000 be donated to the local chapter of Food Not Bombs to aid in their outreach of feeding local homeless communities. She hoped that the City Council would give favorable consideration to these suggestions. 7. MS. NIKOHL, VANDEL, Palm Springs, CA, said that she'd written a couple of letters to the Council about a year ago — the first one pointing out that communication and cooperation make democracy a working reality. She then followed that up with a letter stating that in many ways the City Council's leadership had disappointed her - rather than embracing future civic leaders represented by the young students who were embracing the American construct of democracy, Council had decided to operate with a heavy hand of authority. Further, the letter stated that Council could have taken up the mantle of mentorship but instead chose to criminalize these people, and she asked why. She appreciated that this was all water under the bridge at this point, save for perhaps repercussions the City may face for its heavy hand at that time. She didn't know why Mr. Wohlmuth didn't bother to call the Kiwanis, Elks, and all of the other civic organizations in order to have a discussion with everybody in close proximity, which surprised her, because that's how she was taught to do it growing up. Her family didn't call the police to deal with an issue but went to the people to discuss their issues together. She went on to relate that Occupy Sandy was going to the churches in Philadelphia, New Jersey, and New York to ask what was needed. Then they were going to individuals who specified what they needed, like insulin, but didn't have a way to get it with roads being out. She felt Occupy Sandy's outreach was remarkable and encouraged the City Council to do some research before it gives money away and not just give it to the Red Cross, because to the Red Cross, $1 million ended up being $100,000 in services. She said corporate corruption was very prevalent, even in the 501 (c)(3) organizations and civic corporations. She urged doing the right thing, congratulating the new and thanking the outgoing Councilmembers, again noting that they were willing to let go of the past but encouraging doing the right thing going forward and continuing the dialog. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 8. MS. CAROLYN KRAUSE, La Quinta, CA, stated she was also member of Occupy Coachella Valley, which includes a sub -group called "People Over Pollution." Today she was speaking as a private citizen, and everything she was about to relate was backed by research materials found on CPV Sentinel's website. She felt it was a crime that the CPV Sentinel Project was approved, based at least in part, if not wholly, on numerous false claims made in the 478-page California Energy Commission (CEC) Report dated December 2010. The CEC would have it believed that the danger to residents' health from myriad pollutants spewing into the air from the projects eight smokestacks was insignificant. Further, she said the most often -used phrase in their materials was "a little" or "no significance." As another example, she cited what seemed to her to be the intentional, egregious omission of the fact that CPV Sentinel is situated in perilously close proximity to the San Andreas Fault — the most well- known seismic fault, at least in California, if not the nation or the world. This added to the fact of CPV's claim that there are no significant structural vulnerabilities should the area have the misfortune of experiencing any seismic activity. She noted that seriously destructive seismic activity in this area is overdue, and everyone knows it. She went on to say that she understood many people own shares in fossil fuel companies and are loathe to give up any of their profitable dividends on which they pay an insignificant amount of taxes. However, 95% of the population doesn't enjoy unearned income and is also loathe to give up its health or the survival of Mother Earth for their personal benefit; and while that percentage outnumbers the global warming deniers, they are having a hard time trying to protect themselves and their families, future generations, the environment, wildlife, and the earth itself from big corporations that own and will operate the plant. She asked City Council if it had any suggestions for how to get rid of this abomination. 9. MR. JERRY MARTIN announced that he and his wife Judy were co- founders of the upcoming "El Paseo Cruise Night," which begins January 18. He said they would be bringing all kinds of classic cars — hot rods, show cars, etc., to El Paseo. He thanked Economic Development Manager Ruth Ann Moore for all her help in getting the event going, adding that the idea had been in the works for a long time and more information was available at htto://eloaseocruiseniaht.com. He said they'd also been getting local press about their upcoming activities; they were hoping to bring back Van Nuys Boulevard and American Graffiti all at the same time. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION, DECLARING DECEMBER 21, 2012, 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 John Westaway, Vice Chair, Friends of Roy's Foundation. MR. WESTAWAY thanked the City Council and citizens of Palm Desert for the proclamation, because it went a long way toward raising everyone's social consciousness about the issue of homelessness. Further, he expressed appreciation for the City's financial support of Roy's Desert Resource Center and to Councilmember Benson for her personal commitment and attendance at various functions and fund-raisers for Roy's. He humbly accepted the proclamation on behalf of all of the approximately 2,000 homeless residents of the Coachella Valley and all agencies that serve them. ***NOTE: NEW BUSINESS ITEMS AAND BTO BE THE FIRST ITEMS OF REGULAR BUSINESS AT THE RECONVENING, OF THE REGULAR MEETINGS, 4:00 P.M.*** X. CONSENT CALENDAR A. MINUTES of the Adjourned Regular and Regular City Council Meetings of November 15 and November 22, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 93, 97, 98, 101, 102, 106, 107, 110, and 111. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of October 2012 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by 7 Eleven #22362, 73-800 Highway 111, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Billy Q's, 36-901 Cook Street, Suite 7, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Water's Edge Pool Bar, 782 Bougainvillea Circle, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mic and Moe's, 37-021 Cook Street, Suite 101, Palm Desert. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Piero's Pizzavino, 73-722 El Paseo, Suites 1 & 2, Palm Desert. Rec: Receive and file. Approved. 3-0-2 (Tanner, Harnik ABSTAINING) I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sassper's, 73-675 Highway 111, Palm Desert. Rec: Receive and file. J. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of October 23, 2012. 2. Marketing Committee Meeting of September 18, 2012. 3. Parks & Recreation Commission Meeting of October 2, 2012. 4. Public Safety Commission Meeting of September 12, 2012. Rec: Receive and file. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 K. REQUE$T FOR ADOPTION of Resolutions — Setting Forth Findings and Authorizing Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 2012 - 75 - January 2012 Records; 2) 2012 - 76 - February 2012 Records; 3) 2012 - 77 - March 2012 Records; 4) 2012 - 78 - April 2012 Records. L. REQUEST FOR ADOPTION of Revised "Schedule B," Amending the City's Flexible Spending Plan to Provide a New, Reduced Level of Benefits for City Councilmembers. Rec: By Minute Motion, adopt the revised "Schedule B" of the City's IRS Section 125 Flexible Benefits Plan (Cafeteria Plan), providing a reduced level of benefits for City Councilmembers, providing premium conversion for individual coverage only, and allowing a cash conversion for "opting out" of coverage, effective January 1, 2013. M. REQUEST FOR AUTHORIZATION to Allow Jewish Family Services of the Desert to Temporarily Occupy Office Space at the Portola Community Center (Contract No. C32420). Rec: By Minute Motion, authorize Jewish Family Services of the Desert (JFS) to occupy Office Space No. 3 and No. 5 of the Portola Community Center from January 1 - April 30, 2013. Note: City Council accepted withdrawal of this item from the agenda at the request of Jewish Family Services. N. REQUEST FOR AUTHORIZATION to Bid Two (2) Shade Structures at the Palm Desert Aquatic Center (Contract No. C32430). Rec: By Minute Motion, authorize staff to bid for two (2) shade structures at the Palm Desert Aquatic Center (PDAC) — funds are available in Park Fund Capital Account No. 233-4549-454-4001. O. REQUEST FOR APPROVAL of Lease Renewal Between Desert Willow Golf Resort and Cintas Corporation for Clubhouse and Maintenance Uniform Services for a Term of One Year (Contract No. C30331, Project No. 845-13). Rec: By Minute Motion, approve renewal of the subject Lease Agreement for Uniform Services with Cintas Corporation, Ontario, California, in the amount of $41,709.96 (includes tax) — funds are available in Golf Course Expenses Account, No. 520-4195-495-8091. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 P. REQUEST FOR AWARD OF CONTRACT to Union Tree & Palm Services in an Amount Not to Exceed $36,000 for Pruning of Palm Tree Skirts Located Along the Perimeter of Desert Willow Golf Resort (Contract No. C32440). Rec: By Minute Motion: 1) Authorize the City Manager to award a contract to Union Tree & Palm Service, Cathedral City, California, in an amount not to exceed $36,000 for pruning of the palm tree skirts located along the Desert Willow perimeter; 2) appropriate $36,000 from Fund 441 - Desert Willow Drive Repair Maintenance Street/Parks/Medians for this purpose. Q. REQUEST FOR RATIFICATION of Change Order No. 1 and Acceptance of Work — Contract No. C23480A — Traffic Signal Modification at Fred Waring Drive/San Pascual Project (Project No. 566-05) (DBX, Inc., Temecula, CA). Rec: By Minute Motion: 1) Ratify approval of Change Order No. 1 in the amount of $11,895.10 to the subject contract with DBX, Inc., Temecula, Califomia, for updated ADA modifications and resolution of utility conflicts; 2) authorize transfer of $11,895.10 from contingency to base for the contract; 3) accept the work as complete and authorize the City Clerk to file a Notice of Completion for Contract No. C23480A — funding for the Change Order is available in Account No. 234-4276-422-4001 - Traffic Signal Public Safety. R. REQUEST FOR RATIFICATION of Change Order No. 1 and Acceptance of Work for Contract No. C29760 — Traffic Signal System Interconnect Project (Project No. 553-99) (Flatiron Electric Group, Inc., Chino, CA). Rec: By Minute Motion: 1) Ratify approval of Change Order No. 1 in the amount of $2,492.43 to the subject contract with Flatiron Electric Group, Inc., Chino, California, for resolution of installation of PVC pipe carrying wiring for the project; 2) authorize transfer of $2,492.43 from contingency to base for the contract; 3) accept the work as complete and authorize the City Clerk to file a Notice of Completion for Contract No. C29760 — funding for the Change Order is available in Account No. 440-4594-422-4001. S. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31820 — Magnesia Falls Site Wall and Gate Project (Project No. 648-13) (John Barajas Masonry Construction, Bermuda Dunes, 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. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 T. REQUEST FOR APPROVAL of the 2013 Palm Desert Century Bike Rides, Including Applicable Road Closures and Waivers of Palm Desert Municipal Code Sections Relating to Amplified Sound and Vendor Sales Prohibitions. Rec: By Minute Motion, approve: 1) Two (2) separate Palm Desert Century Bike Rides on March 23, 2013, and November 9, 2013; 2) road closure at University Drive from College Drive east to west; 3) southbound lane closure of College Drive between University and Frank Sinatra Drives; 4) waiver of Palm Desert Municipal Code Section 11.01.140 - Amplified Sound; 5) waiver of Palm Desert Municipal Code Section 11.01.180 - Prohibited Conduct Generally in City Parks, Item Q - Vendor Sales. U. REQUEST FOR APPROVAL of Out -of -State Travel for Two (2) Palm Desert Police Department Employees to Attend the National Conference on Highway Safety Priorities -Lifesavers 2013 Course in Denver, Colorado — April 14-16. Rec: By Minute Motion, approve the subject Out -of -State Travel for two Palm Desert Police Department employees to attend the National Conference on Highway Safety Priorities -Lifesavers 2013 Course in Denver, Colorado — April 14-16 — funds are available in the current Palm Desert Police Department Budget. Action: Mayor Harnik noted she would be ABSTAINING from the vote on Consent Calendar Item H, and staff noted that Item M was being withdrawn from the agenda at the request of the applicant. Upon a motion by Spiegel, second by Tanner, and 4-0-1 vote of the City Council with Tanner ABSTAINING, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 XII. RESOLUTIONS A. RESOLUTION NO. 2012 - 79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MAP OF TRACT NO. 36404 AND THE IMPROVEMENT AGREEMENT RELATED THERETO, CONTINGENT UPON PAYMENT OF THE PARK FEE OR APPROPRIATE SECURED AGREEMENT AS APPROVED BY THE CITY ATTORNEY, AND RECEIPT OF EXECUTED DEVELOPMENT AGREEMENT, CONDITIONAL CERTIFICATE OF COMPLIANCE, AND CC&R AGREEMENT (VP Builders, LLC/Rudy Herrera, Family Development, Applicant). Mr. Greenwood stated this was related to the Villa Portofino Development located on the southwest comer of Portola Avenue and Country Club Drive. Staff requested approval of the tract map along with the associated Agreement while it worked out the Park Fee. The developer is asking staff to work with him in negotiating the fee and when it will be collected. Councilman Tanner noted he would recuse himself from this item and left the Council Chamber. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2012 - 79. Motion was seconded by Benson and carried by a 4-0 vote, with Tanner ABSENT. B. RESOLUTION NO. 2012 - 80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NO. 2012-53, SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS, CREATING A NEW CLASSIFICATION OF CLERICAL ASSISTANT - SALARY GRADE 90. Human Resources Manager Lori Camey stated the City had a hiring freeze for more than three years, which allowed for the reduction of staff substantially. And now, when there is an opening, each vacancy is being reviewed to fill it at the most efficient and appropriate level. There is a vacancy in the clerical series in the Public Works Department where the duties of the position and salary range were reviewed. It was determined that it would be appropriate to create a new classification of Clerical Assistant, which will be the new entry level into the clerical series; it will save the City approximately $7,500 a year to place this position at this new level rather than the current one. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2012 - 80. Motion was seconded by Tanner and carried by a 5-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS ***NOTE: NEW BUSINESS ITEMS A AND B TO BE THE FIRST ITEMS OF REGULAR BUSINESS AT THE RECONVENING OF THE REGULAR MEETINGS, 4:00 P.M.*** A. DECLARATION OF RESULTS OF THE 2012 PALM DESERT GENERAL MUNICIPAL ELECTION CONDUCTED IN THE CITY ON TUESDAY, NOVEMBER 6. Ms. Klassen stated that as of the November 6 Election, the City of Palm Desert had 25,044 registered voters. Of those voters, 20,136 ballots were cast with 51.75% of those being Vote -by -Mail, and 28.65% voted in the precincts; voter turnout was 80.4%. Councilmember Finerty moved to waive further reading and adopt Resolution No. 2012 - 81, reciting the fact of the General Municipal Election held on Tuesday, November 6, 2012, declaring the result and such other matters as provided by law. Motion was seconded by Harnik and carried by a 4-0 vote, with Kroonen ABSENT. B. ACTIONS RELATED TO INSTALLATION OF NEWLY ELECTED COUNCILMEMBERS AND THE ANNUAL MAYORAL ROTATION. 1. Presentation to Outgoing Councilmember Cindy Finerty and Mayor Pro Tem Bill Kroonen by Mayor Robert A. Spiegel and Mayor's Comments. Mayor Spiegel stated Councilmember Cindy Finerty had served the City of Palm Desert for two decades. She started out as a member of the City's Economic Development Advisory Committee in 1995, then served on the General Plan Advisory Committee, the Planning Commission for eight years, and onto the City Council from 2006 to 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 this evening. He said Cindy has been an outspoken advocate of fiscal responsibility and defender of Palm Desert's natural beauty. Cindy's other assignments and responsibilities were many, but some of the major ones were chairing the Planning Commission, CVAG, Coachella Valley Conservation Commission, liaison to the Palm Desert Sister Cities Foundation, and liaison to the Palm Desert Public Safety Commission. He thanked Cindy for her many years of public service and wished her God speed and good fortune for years to come. On behalf of the City Council, he presented Cindy with an engraved crystal vase with one dozen pink roses. Mayor Spiegel noted Mayor Pro Tem Kroonen was unable to stay for the remainder of the evening, but went on to acknowledge that he had been appointed to the City Council two years ago, and prior to serving on the City Council he was President of College of the Desert. Unfortunately, Mayor Pro Tem Kroonen did not receive sufficient votes to be elected to continue to serve. Therefore, on behalf of the City Council, a framed lithograph of the Chamber mural with an engraved plaque thanking him for his years of service will be delivered to him. 2. Comments by City Councilmembers. Councilmember Hamik thanked Councilmember Finerty for her years of service, stating she had learned a lot from her and appreciated all she had done for the City. Additionally, she expressed her appreciation for everything she teamed from Mayor Pro Tem Kroonen and his mentoring, including his gracious ability to build consensus and lead on this Council. Councilmember Benson said she couldn't find the words to express how much Cindy had contributed to the City, because she was outstanding in championing popular and unpopular causes with dignity and grace for the benefit of the City of Palm Desert. She said likewise Mayor Pro Tem Kroonen filled the space the Council appointed him to, and he did an admiral job for the last two years. She said it was a pleasure to work with the Council and felt they did a great job of working as a team. She welcomed the newly elected Councilmembers, and said it was the first time in Palm Desert's history in more than 33 years that two new Council Members are sworn in at one time. She went on to say Cindy was a big help to her since her accident, and she will be missed. Additionally, it was sad to lose two colleagues. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 3. Comments by Outgoing Councilmember Cindy Finerty and Mayor Pro Tem Bill Kroonen. Councilmember Finerty thanked Councilmember Jean Benson for helping her get through the past six years, stating Jean had been a mentor and a great friend. She said Jean had tremendous recall on so many things and Teamed a lot from her. She went on to say that serving on the City Council was one of her dreams, and she was successful and pleased; however, it hurt to say goodbye, but it was time. She thanked God for making her dream come true. 4. City Clerk Administers the Oath of Office to Newly Elected Councilmembers and Presents Each with Certificate of Election. City Clerk Rachelle Klassen administered the Oath of Office to newly elected Councilmembers Robert A. Spiegel, Van Tanner, and Susan Marie Weber and presented them with a Certificate of Election. 5. Seating and Comments from Newly Elected Councilmembers. Councilmember Weber stated she was so honored and pleased to be able to be of service to the City of Palm Desert. She said those that knew her, know she's been at this for a long time. She is a profound believer in doing whatever one can do, because everyone had that responsibility. She will try to do her best and was looking forward to community support, because everyone should be speaking up and participating. She thanked everyone for coming to the swearing in, stating it was greatly appreciated. Councilman Tanner thanked everyone for the support and certainly for the Council election, but also for the years he had served the City in different capacities. In various forums he has said about himself, "What you see, is what you get." He thanked his wife Judy, his sister Cindy, and Pam Williams for creating what is commonly known as "The Vannettes," because without their support and hard work, he wouldn't have been elected. He said his door will be open every Thursday from this point on to make himself available to listen to concerns, and he will not give up activities he started 17 or 18 years ago. He thanked everyone for their help and support, and pledged to do what he said he would do. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 6. Selection of Mayor and Mayor Pro-Tempore. Councilman Tanner moved to appoint Jan C. Harnik as Mayor for the coming year. Motion was seconded by Weber and carried by a 5-0 vote. Councilman Tanner moved to appoint Jean M. Benson as Mayor Pro-Tempore for the coming year. Motion was seconded by Harnik and carried by a 4-0-1 vote, with Benson ABSTAINING. 7. Comments from the Newly Appointed Mayor and Mayor Pro-Tempore. Mayor Pro Tem Benson stated she wasn't expecting to serve as Mayor Pro Tem, because she thought her last four years would be an easy ride from previous years, but she was honored. She said if she can help the Mayor in any way, she will be more than glad to do so. She enjoys working for the City and making her contribution to make Palm Desert the place people want to live. She said it was a joy working with the City Council, staff, and the community; it's been magnificent. Mayor Harnik stated she was truly honored and humbled to serve the City of Palm Desert, stating it was an amazing day for her. She acknowledged the guidance, mentoring, and wealth of experience received from Councilman Spiegel, Mayor Pro Tem Benson, Dr. Kroonen, staff, and the entire Palm Desert team. She said the Coachella Valley has wonderful and distinct cities, and Palm Desert is in the center of the Valley, stating it had developed and grown to be a diverse cultural center that is supported by the arts through the McCallum Theatre, City of Palm Desert Art in Public Places Program, the Living Desert, Palm Springs Museum at Palm Desert, a lot of couture, cuisine, and the amazing Parks and Recreation District, which is ultimately supported by the community. The discussion regarding the elimination of Redevelopment has grown tiresome and troublesome, but unfortunately it was the reality. However, it was an opportunity for innovation and growth, and the opportunity should be seized. She said the City has experienced shifts in lifestyles, trends, services, and demographics, and while the Council must support and protect quality of life, the hillsides, public safety, and its fiscal strength, it also had to explore new models for economic development. She said the City needs to create more efficient services and a business - friendly atmosphere, but not by cutting corners or lowering its standards, but by streamlining processes using technology and creating beneficial partnerships. She said the City must continue to support and encourage business, tourism, and education by a continued dialogue based on integrity, civility, and professionalism. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 She thanked City staff for the past two years and looked forward to the future. Additionally, she thanked Pastor Carl Webb, her two daughters, and her husband Brian who always keeps her grounded. With City Council concurrence, a recess was observed beginning at 4:50 p.m. Mayor Harnik reconvened the meeting at 5:10 p.m. and resumed the regular order of the Agenda, beginning with Section X - Consent Calendar. C. REQUEST FQR AUTHORIZATION TO REJECT ALL BIDS RECEIVED FOR THE 2013 CITYWIDE TREE PRUNING PROGRAM AND AUTHORIZE STAFF TO RE -BID THE PROJECT (CONTRACT NO. C32330, PROJECT NO. 932-13) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Landscape Manager H. Spencer Knight stated this item was a rejection of all bids for the yearly tree pruning contract. The first two bidders failed to follow directions on the bids and provided inaccurate information, and the third bid was too expensive. Therefore, staff requested the Council reject all bids and authorize staff to re -bid the project. Councilman/Member Spiegel moved to, by Minute Motion: 1) Reject all bids received for Contract No. C32330 in the solicitation advertised for November 20, 2012; 2) authorize staff to re -bid the project. Motion was seconded by Benson. Responding to question, Mr. Knight said it will take 45 to 60 days until the contract is able to go forward, which included two weeks for the bidding process and 30 days for the exchange of contract documents. He hoped to return to the City Council the first meeting in January. Further responding, he said the contract for the palm trees is done separately, because the work and timing are so different, and that bid process takes place in March/April. Mayor/Chairman Hamik called for the vote, and the motion carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT TO KIP, INCORPORATED, IN THE AMOUNT OF $802,311.50 FOR CONSTRUCTION OF THE SECTION 29 RETENTION BASIN REPAIR PROJECT (CONTRACT NO. C31040A, PROJECT NO. 627-11). Project Administrator Ryan Gayler stated the City owns the retention basin located at the north end of town, north of the intersection of Portola Avenue and Dinah Shore Drive. Over the course of several storms the rip -rap slope became damaged, and this contractor will fix the rip -rap and provide a more efficient way of getting the storm water to the bottom of the retention basin. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 Councilman Spiegel commented staff went with the lowest bidder located in Murrieta rather than with Simon Construction located in Indio. He asked if Simon Construction was qualified to do the work. Mr. Gayler responded both contractors are qualified to perform the work. Further responding, he agreed that perhaps local people would not be used if they went with a company located in Murrieta. Mayor Pro Tem Benson moved to, by Minute Motion: 1) Award subject contract for Construction of the Section 29 Retention Basin Repair Project to KIP, Incorporated, Murrieta, California, in the amount of $802,311.50; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $80,231.15; 3) authorize the Mayor to execute said contract; 4) appropriate $900,000 from Unobligated Assessment District 2004-02 Fund to Project Account No. 469-4350-433-4001 — no General Fund monies will be used for this project. Motion was seconded by Tanner and carried by a 4-1 vote, with Spiegel voting NO. E. REQUEST FOR AWARD OF CONTRACT TO STANTEC CONSULTING SERVICES INC. TO PREPARE AN ENGINEERING AND TRAFFIC SURVEY FOR ESTABLISHMENT OF POSTED SPEED LIMITS ON ROADWAYS CITYWIDE (CONTRACT NO. C32450, PROJECT NO. 590-12). Transportation Engineer Mark Diercks stated that in order for the City to enforce speeds on streets using electronic devices throughout the City, a survey needs to be conducted every five to seven years, and this contract is for that purpose. Ultimately, once the results are received, they will come to Council for its approval. Councilman Spiegel stated the staff report noted there were fifteen proposals, but the bid amounts weren't listed. He questioned if Stantec was the lowest bidder. Mr. Diercks responded this being a service contract, only the bid amounts of those top qualifying firms were considered. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Stantec Consulting Services Inc., Irvine, California, in the amount of $60,500 to provide professional and technical services for preparation of an engineering and traffic survey for establishment of posted speed limits on roadways within the City's jurisdiction; 2) authorize the Director of Finance to set aside a 10% contingency in the amount of $6,050; 3) authorize the Mayor to execute said contract — funds are available in Account No. 440-4250-433-3090 - Traffic Signal Reserve. Motion was seconded by Tanner and carried by a 5-0 vote. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 • F. REQUEST FOR APPROVAL OF A SITE LICENSE AGREEMENT WITH CROWN CASTLE NG WEST, INC., FOR THE INSTALLATION OF A NEW MONOPALM DISTRIBUTED ANTENNA SYSTEM WIRELESS NODE AND ASSOCIATED EQUIPMENT LOCATED ALONG THE COOK STREET FRONTAGE AT DESERT WILLOW GOLF RESORT (CONTRACT NO. C32460). Mr. Alvarez displayed the site location of the proposed Distributed Antenna System, which is in the form of a 40-foot high monopalm to be located on the west side of Cook Street, south of Frank Sinatra Drive. The Antenna will be placed on the outside of the perimeter wall at Desert Willow Golf Resort. It is specifically located adjacent to the wall and also between Hole Nos.12 and 13 on the Fire Cliff Golf Course. Staff has been in negotiations with Crown Castle to secure this site, because it has a better aesthetic feel and compatibility with its surroundings. The artificial 40-foot palm will fit well with the surrounding palm trees at the Desert Willow Golf Resort. The proposed Agreement will allow the City to recoup $60,728 over a 30-year period for the Site License Agreement. He noted the Planning Commission approved the project as a Conditional Use Permit (CUP) in November 2012. He offered to answer any questions. Councilman Tanner moved to, by Minute Motion, approve: 1) Site License Agreement with Crown Castle NG West, Inc., Seattle, Washington, for installation of a new monopalm distributed antenna system wireless node and associated equipment located along the Cook Street frontage at Desert Willow Golf Resort; 2) the Site License Agreement substantially as to form, and authorize the City Manager to execute the Agreement. Motion was seconded by Spiegel. Councilmember Weber asked if 30 years was a normal term for this sort of arrangement, because they haven't been used that long. Mr. Alvarez responded it was probably a technical question that can be answered by the consultant; however, per the City Attorney, these are common long-term agreements. In this Agreement, the City has three 10-year terms that it's allowed to proceed under; after the first 10-years, the City can revisit to determine if it wished to continue. Mayor Harnik called for the vote, and the motion carried by a 5-0 vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 G. REQUEST FOR AUTHORIZATION FOR THE CITY MANAGER/EXECUTIVE DIRECTOR TO ENTER INTO AGREEMENTS TO RESTRICT THE AFFORDABILITY OF HOMES OCCUPIED BY HOUSEHOLDS OF LOWER AND MODERATE INCOMES (UPON THEIR REQUEST) FOR UNRESTRICTED UNITS IN PALM DESERT, INCLUDING DESERT ROSE AND FALCON CREST (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Ms. Moore stated the proposed Agreement authorizes the City Manager to enter into agreements to restrict homes as affordable. During the elimination of Redevelopment the City was prohibited from entering into contracts on real property transactions. Because of that restriction, staff had a few number of covenants that were released and/or lost during that period of time. However, staff has been contacted by households who have requested the covenant be placed back on their home, so they can participate in some energy efficiency programs, one of which is a program of installing solar at Desert Rose. The systems range from $18,000 to $22,000, which the homeowner receives for free; therefore, it is worth going back to the Affordable Program and restrict the home as affordable. The City has the first right -of -refusal to purchase their home, which is what the homeowner is giving the City in exchange for this opportunity. She said staff didn't want to restrict the program simply to Desert Rose and Falcon Crest, which is why staff is asking for authorization, at the owners request, to enter into any home in Palm Desert who qualifies under affordable housing cost. Councilman/Member Tanner stated he understood there have been a few units sold outside the qualifications. In other words, people have sold to somebody other than a qualified low and moderate income housing where the people that purchased these homes are asking to be recognized again as low to moderate income. He asked if there was any downfall or problem with the City doing this. Ms. Moore responded that such an agreement would reinstate the City's covenant, which would benefit the City. It is an unusual situation that someone would request this, except that they have a sizable benefit, which is a free solar system. Additionally, staff would like to maintain any covenant possible within the City under the Affordable Housing Projects. Unfortunately, the elimination of Redevelopment prohibited the City in certain situations from purchasing those properties, which had been the practice in the past, and at this point, the City is not putting itself in any obligation. She said if the home came up for sale, the City has the ability to exercise its option to purchase it. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 Councilman/MemberTanner asked if there was a down side to either party. Ms. Moore said the homeowner was restricting their own property. Further responding, she confirmed that if the City didn't have the funds to purchase the property, it will go on the market. Mayor/Chairman Hamik asked if such homes helped the City satisfy the Regional Housing Needs Assessment (RHNA) numbers. Ms. Moore answered yes, stating if it was a home that was not in a development such as Desert Rose or Falcon Crest. However, there are certain technicalities that would have to be met, like a substantial rehabilitation definition, etc., but could potentially work as an RHNA number to benefit the City. Councilman/Member Tanner moved to, by Minute Motion, authorize the City Manager/Executive Director to enter into agreements to restrict the affordability of homes occupied by households of lower and moderate incomes (at the owners' request) for unrestricted units in Palm Desert, including Desert Rose and Falcon Crest. Motion was seconded by Benson and carried by a 5-0 vote. H. REQUEST FOR AUTHORIZATION TO TRANSFER AN AMOUNT OF $9,099,999.95 PLUS INTEREST OF $229,935.17 FROM FUND NOS. 110, 231, 400, AND 430 TO SUCCESSOR AGENCY FUND 703. Mr. Gibson stated the State Controller sent the Successor Agency a notice that any actions taken between January 1 and June 30, 2011, are null and void, requiring the City to reverse those entries. In discussions with Legal Counsel and auditors, unless the City can show proof it gave the money in the two years of the formation of the project area, it would have to be repaid. Therefore, most of the actions presented are to rescind those entries and authorize repayment to the Successor Agency. Councilman Spiegel moved to, by Minute Motion, authorize the transfer of funds in the amount of $9,099,999.95 plus interest in the amount of $229,935.17 from Funds 110, 231, 400, and 430 to Fund 703. Motion was seconded by Tanner and carried by a 5-0 vote. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 I. REQUEST FOR DIRECTION TO STAFF REGARDING UTILITY UNDERGROUNDING IN PALM DESERT. Mr. Wohlmuth stated the recommendation is to keep the same process and open the process a little more by allowing residents to define their district, but not change the assessment district process in the City of Palm Desert for future undergrounding of existing neighborhoods. Responding to question about using Redevelopment funds in the past, he said Redevelopment dollars were only used to initiate the design, engineering, and improvements to the public portion where undergrounding occurs next to parks, streets, and public right-of-way. Further responding, he said the City will either be using General Fund dollars to assist in design and engineering, or there is the potential, depending on the dissolution of Redevelopment how the bonds are treated in the future. He said the City may be able to use some bond funds in the future, but it was uncertain at this point, but will know more by April 2013. Mayor Pro Tem Benson pointed out resident paid their portion for those neighborhoods that have already been underground. Mr. Wohlmuth agreed, stating the residents were assessed for their portion of the benefit along their property, but not the benefit the City accrued along the public right-of-way at parks, etc. Further responding, he confirmed his comments are reflected in the motion. MS. MERILEE COLTON, Salt Cedar Street, Palm Desert, stated she and her husband moved to Palm Desert from Marin County in April, noting she had retired from Caltrans. She said her next door neighbor had palm trees catch on fire the summer before she came to Palm Desert, which caused damage to two homes, a vehicle, and palms trees across the street. She said this was a safety issue for her, and noted she was part of a committee in Marin County that formed a special assessment district where they had a $90 million special assessment district. She personally walked door to door and convinced 2,500 parcel holders to add $70 a year to their property taxes for 30 years in order to beautify a median. She understood these are two different projects, but the special assessment district process is similar. She said she spoke to Mr. Alvarez and is pleased with the response received from City staff on this issue. Additionally, she has driven around the City and noticed there are pockets of homes where people might be able to benefit as a group, but others may not. She believed that a piece -meal approach wouldn't be the best way to deal with this issue. She is willing to get started in her neighborhood with some help from City staff to make sure she understood the scope of this project. However, she would like the Council to consider an overall approach, if it believed it was an issue it should take up. For her it was about safety, but acknowledged there were other benefits such 23 MINUTES REGULAR PALM DESERT CITNICOUNCIL MEETING DECEMBER 13, 2012 property values k proving, beautification, etc. She personally agreed property owners that benefitted should pay something, but preferred the Council take a city-wide approach, because there are probably areas that will never come together as a unit, which meant they will never have undergrounding. Mayor Harnik wekrned Ms. Colton to Palm Desert and thanked her for her volunteerism. MR. CHRIS KAHN'Fairfncay, Palm Desert, stated he and his wife just moved to Palm Desert froth the San Francisco bay area in May 2012, stating he was glad for the opportunity to vote in this year's Election and be part of the community. He endorsed Ms. Colton's remarks, in that an overall approach was preferred in the design of a city to bring all of the desperate parts of the community together to work for a greater benefit. As a homeowner, he had no problem sharing in: the cost, and he would agree to a disproportionate share, because his lot:wouldebe greatly affected in terms of safety. He said a utility pole was recently replaced, noting that it took huge equipment and at least five or six people working for most of the day to get it accomplished. He understood there ill be a substantial cost benefit that had to be looked at in a broader way;;,�ind hi too, as a resident was willing to work for it. He D,D` said driving down dp Capyon one can see all those wires; therefore, there is a lot of benefit ttjtt the vhole City can accrue from their removal. MR. JOHN A. DAU,fd Prospector Trail, Palm Desert, stated he too was a San Francisco barea resident. He said in 2007, a neighbor across the street had palm treeS.that caught on fire, and the electrical lines almost came down into the swimt'ning f' ol; the house is currently vacant. Then in July 2011, two homes dn from his, a palm tree in the back yard caught on fire due to overhead ar ling owes lines; both Police and Fire Department were called to the scenes Oneb the fire was extinguished, then the palm trees were cut down, stag g tbiS,was an on -going occurrence and knew he wasn't the only person co pl g about this issue. He encouraged the Council to come to a concl ion this matter and install power lines underground as soon as possi ( /,. Councilmember Weber/stated she was new to this process, and is very concerned about ties. is-0e as she had been following it. However, she would like more infofnatiori before the Council started voting on procedures. She confirmed she + fished to continue this item to a meeting in January. Mayor Harnik pointlid out'the recommendation was for Council to provide direction to staff to study this issue. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 Councilmember Weber stated she didn't understand the motion to mean direction to staff. She asked if staff would be investigating what the City will be doing. Mr. Wohlmuth explained the City currently had a policy in place, but if Council would like to see a different type of policy or include it in a General Plan Amendment, it can be considered by the Council at this point. However, this item can also be continued and discussed at the next meeting. Mayor Harnik asked if the recommendation was for staff to explore the process, bond proceeds, etc. Mr. Wohlmuth responded staff won't know about the bonds until ApriVMay 2013, but the motion kept the existing policy in place, since the Council hadn't initiated a General Plan Amendment or a Strategic General Plan Process where this issue may come up. Originally, when the policy was approved by the City Council, the City designated areas that were efficient and effective in setting up an assessment district. The proposed recommendation will allow homeowners to determine their own boundaries, which is the only significant change this motion provides. Responding to question, he said that under the existing policy Ms. Colton can work with staff, and under the proposed revised policy it would be easier for Ms. Colton to identify the boundaries she believed can be set up as an assessment district. He confirmed staff will provide assistance in either policy, because staff was here to assist. Councilmember Weber reiterated she needed more information. Councilman Spiegel stated he was part of an assessment district where the City paid a portion, but the residents paid the majority of the cost, which worked out fine. He explained that in order to have a vote taken, there needed to be a 60 to 65 percent interest in an assessment district before finding out what the cost is, and then a vote is taken, if it receives 'a 51 % majority vote, an assessment district is formed, which he thought was a great procedure that should continue. Additionally, he would like to add an amendment to allow smaller areas to be undergrounded. At this point, he considered making a motion, but subsequently withdrew it, and instead offered a new one. Councilman Spiegel moved to, by Minute Motion, continue this item to the second meeting in January. Motion was seconded by Weber. Responding to question, Councilmember Weber stated she would like more information, because at this point she only had a two -page staff report. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 Mayor Pro Tem Benson suggested continuing to ApriVMay 2013, when staff will know whether bond proceeds can be used, because certainly City funds are not going to be spent on this. Mr. Wohlmuth stated the City still needed to get a Finding of Completion from the State Department of Finance, which is expected in ApriVMay 2013. The findings will identify whether or not bond proceeds can be used for undergrounding. Responding to question, he said continuing the item would not change the program, because the current policy is in place. Councilman Spiegel amended his motion to continue this item to the meeting of April 25, 2013. Motion was seconded by Benson and carried by a 4-1 vote, with Harnik voting NO. J. REQUEST FOR APPROVAL OF THE SETTLEMENT, RELEASE, AND INDEMNITY AGREEMENT AMONG THE COUNTY OF RIVERSIDE, CITY OF PALM DESERT, AND THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (CONTRACT NO. C32470) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Wohlmuth noted the proposed Settlement Agreement, but for the public's benefit he explained that in 1992 the City of Palm Desert annexed Costco, at the time it was Home Base, and the development on the northwest comer of Dinah Shore Drive and Monterey Avenue, which was developed under the County of Riverside. As part of the agreement to annex, the City and County went into a Cooperative Agreement to exchange Redevelopment Funds for sales tax. In order words, when it was developed the sales tax was going to the County of Riverside, and when the City annexed it, the sales tax would go to the City. Therefore, in this Cooperative Agreement, the City agreed to accept the sales tax and pay the County through a pass -through agreement an equal amount of sales tax from Redevelopment to the Health and Juvenile Fund at the County of Riverside. He said the Health and Juvenile Fund, funds the Regional Access Project (RAP) that provides grants throughout the Coachella Valley to Health and Juvenile Services. In 2003, the State of California, as part of their budget process passed what is now called the "Triple Flip." In other words, the State took sales tax and gave cities and counties back property tax. That process to exchange those funds created uncertainty in this calculation, and since the City would receive property tax in lieu of sales tax, original agreements didn't address how they would be affected by the `Triple Flip." In 2004, the State passed clean-up legislation that then did address how the `Triple Flip" and Regional Access Project (RAP) would receive their funds. Staff never calculated the clean-up language "Triple Flip" in the pass -through payments to the County, and from that period forward to today, the amount owed from this calculation is $2.7 million. Staff is proposing a Settlement Agreement with the County, Palm Desert Successor Agency, and City to settle this $2.7 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 million by paying the County $2.7 million from the Redevelopment Trust Fund to the County of Riverside who will then forward the money to the Regional Access Project. This matter was considered and approved by the Oversight Board last week. However, the Department of Finance did not approve it, and something between disapproved and under consideration is the current status. He recommended the Council approve the proposed agreement and only authorize the City Manager/Executive Director to sign the Agreement once the matter is cleared by the Department of Finance, City of Palm Desert, and the County of Riverside. Councilman/Director Spiegel moved to, by Minute Motion, approve the Settlement, Release and Indemnity Agreement among the County of Riverside, City of Palm Desert, and the Successor Agency to the Palm Desert Redevelopment Agency regarding the Cooperative Agreement Among the County of Riverside, City of Palm Desert, and Palm Desert Redevelopment Agency (the "1992 Cooperative Agreement"), and authorize the City Manager/Executive Director to execute the Agreement, subject to clearance by the California Department of Finance. Mayor Pro TemNice Chair Benson commented she was a member of the Regional Access Project (RAP) Board, and the City Attorney determined she didn't have a direct benefit from these funds and okayed to vote. Councilman/Director Tanner seconded the motion, and it carried by a 5-0 vote. XV. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION FOR CITY STAFF TO UNDERTAKE FACILITY OPERATION OF THE PORTOLA COMMUNITY CENTER (Continued from the meeting of November 15, 2012). Councilman Spiegel moved to, by Minute Motion, continue this matter to the meeting of January 10, 2013. Motion was seconded by Benson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF DESIGN GUIDELINES FOR THE EL PASEO SHOPPING DISTRICT AND DIRECT STAFF TO DEVELOP PROCEDURES AND FEES FOR ESTABLISHING AN OUTDOOR DINING PERMIT (Continued from the meeting of November 15, 2012). Councilman Spiegel moved to, by Minute Motion, continue this matter to the meeting of January 10, 2013. Motion was seconded by Benson and carried by a 5-0 vote. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT NO. C28800C WITH VA CONSULTING, INC., FOR ADDITIONAL DESIGN SERVICES, AND APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C28800D WITH OVERLAND, PACIFIC & CUTLER, INC., FOR ADDITIONAL PROPERTY ACQUISITION SERVICES FOR THE FREE RIGHT -TURN LANE AT FRED WARING DRIVE AND HIGHWAY 111 (PROJECT NO. 656-08). Senior Engineer Joel Montalvo stated this project will eliminate the dual right-tums at Fred Waring Drive and Highway 111. The changes in the scope of the parcels to be acquired caused the right-of-way consultant to request additional funds for them to change the method in which they were to acquire the property. The changes in their method also changed the scope of the design engineer. Councilman Spiegel moved to, by Minute Motion: 1) Approve Amendment No. 1 to Contract No. C28800C with VA Consulting, Inc., Palm Desert, Califomia, in the amount of $8,500 for additional design services to complete the plans and specifications for the Free Right -turn Lane at Fred Waring Drive/Highway 111 Project; 2) approve Amendment No. 1 to Contract No. C28800D with Overland, Pacific & Cutler, Inc., Palm Desert, Califomia, in the amount of $7,750 for additional Right -of -Way services for the Free Right-tum Lane at Fred Waring Drive/Highway 111 Project; 3) authorize the Mayor to execute said Amendments — funding is available in Account No. 213-4384-433-4001 - Right -turn Lane - Fred Waring to Hwy 111 — no General Fund money being used for this expenditure. Motion was seconded by Tanner and carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. REQUEST TO COMMENCE WITH DEVELOPMENT OF THE FISCAL YEAR 2013/2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE- YEAR ACTION PLAN DEVELOPMENT AND GRANT APPLICATION PROCESS. Ms. Riddle explained this item was to open the public input and grant application process for the 2013/14 CDBG cycle. She said 103 letters were sent out advising non-profit agencies and other entities of the CDBG process. Additionally, staff has a community meeting planned for January 11, 2013, where public input will be accepted on the process with the culmination of the grants closing and due on February 8, 2013. .r 0111 oat Mayor Harnik declared the public hearing open and invited public comments relative ,.,r to FY 2013/2014 CDBG Process and Opened the Application Process. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 MS. CHANTEL SCHUERING stated she represented F.I.N.D. Food Bank who is the only food bank serving eastern Riverside and southern San Bernardino County. They have 100 different organizations based throughout the cities in the Valley and into unincorporated areas, serving more than 80,000 people per month on average and distribute 8 million pounds of food assistance in the Coachella Valley during a fiscal year. For Fiscal Year 2012/2013, they were fortunate enough to receive CDBG for the City of Palm Desert, and they will bring forward a request for FY 2013/2014. She pointed out they served more than 10,000 people per month through a number of agencies in the Palm Desert area, specifically working with the Joslyn Center, St. Margaret's Outreach, Family YMCA, and Shelter from the Storm. They work with the City to ensure their funds are utilized as required and appreciated staff's assistance. She looked forward to 2013 with dramatically increasing the distribution of fruits and vegetable; however, it has caused them to change their warehouse and way of operating. She noted that within the 8 to 9 million pounds they distribute, one-third of it is fresh fruits and vegetables. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of November 5 - 30, 2012. With City Council concurrence, the City Manager Meeting Summaries were received and filed. 2. Hurricane Sandy Relief Mr. Wohlmuth recalled for everyone, and as brought up earlier in today's meeting, that at the last City Council Meeting, then -Mayor Spiegel requested an agenda item regarding donation of $1 million for assistance to victims of the Hurricane Sandy event. Since that last meeting, he requested that the item not be put on today's agenda, which was the reason it didn't appear here. B. CITY ATTORNEY None 29 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 C. CITY CLERK 1. Confirmation of Holiday Schedule - Canceling Second Regular City Council Meeting - December 27, 2012. With City Council concurrence, determine that the second regular City Council Meeting for the month of December 2012 be canceled for the holiday schedule. 2. Announcement of Joint City Council - Planning Commission Study Session — Thursday, January 10, 2013, at 2:00 p.m. - Administrative Conference Room for Discussing the Housing Element Update. Councilmembers noted the scheduled Joint Study Session. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Reauests for Action: a) Animal Adoption Feature — Mayor Hamik noted that when the idea of having this feature at each Council Meeting first came up about a year ago, at that time, Mr. Wohlmuth made an excellent point regarding cameras in the Council Chamber not being configured for close-ups. She felt if someone saw a close-up of a dog or cat, they would be far more likely to adopt. So Mr. Wohlmuth felt it would be appropriate to ask the Animal Campus to take a video camera and photograph animals that they wanted to feature for adoption, bring the CD with video to the City, and it can be edited into the City's Council Meeting video. Then when it's archived on the City's website and broadcast on TV, it would appear. Mr. Wohlmuth related that the camera focusing on the podium was behind and above Councilman Tanner's head, and it didn't provide a close-up of the adoptable animal at the podium. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 While having the animal live in the Chamber serves those in attendance, the television audience doesn't get the same benefit as it would if Animal Samaritans videoed in their own facility. In response to Mayor Pro Tem Benson's statement that it would first be beneficial to ask Mr. Saunders if that would suffice, since they do live presentations at other cities and have had favorable adoptions results, Mr. Wohlmuth said he had spoken with Mr. Saunders before they started coming live to the Chamber. At that time Animal Samaritans encouraged taping a feature of adoptable dogs or cats at their facility. Further, Mr. Wohlmuth was unsure how many in -person adoptions had occurred from the Chamber audience, but he could ask. b) Utility Undergroundinq — Mayor Harnik referred back to Section XIV - Item I, "Direction to Staff Regarding Utility Undergrounding in Palm Desert," and Ms. Colton's remarks, which she believed to be a very constructive approach to the matter. She was aware of previous meetings on the topic that weren't always as positive as what she'd heard here this evening and hoped that the City could get together and build on this approach in finding ways to facilitate the process. She felt there were plenty of people who would pay for their undergrounding through an assessment, adding that she would be happy to be part of this process as well. 2. City Council Consideration of Travel Reauests and Reports: None 3. City Council Committee Reports: None 4. City Council Comments: a) City of Indian Wells Councilman Larry Spicer — Councilman Spiegel said last Thursday he and Mr. Wohlmuth attended Indian Wells' Council Meeting to recognize a couple of their Councilmembers leaving office. One of those members was Larry Spicer, who sent a thank you to express sincere appreciation and gratitude for personal presentation of the proclamation, declaring Thursday, December 6, 2012, as "Larry Spicer Day" in the City of Palm Desert. Mr. Spicer 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2012 specifically thanked Councilmembers Benson, Finerty, Hamik, ..r Kroonen, and Spiegel for this recognition. b) Martha's Village Thanksgiving Dav 5K Run/Walk - El Paseo, — Mayor Hamik said she saw some of both her colleagues and City staff participating in the Martha's Village 5K on Thanksgiving. She said it was an amazing event that made the most of El Paseo, and she looked forward to hearing more about it. She hoped staff members could come back to a future Council Meeting to report on the participation and amount of money raised for a worthy cause, Martha's Village. c) Holidavv — Mayor Hamik reminded everyone that it is the holiday season, and most people have many happy and wonderful moments in their lives. But some do not, so she encouraged people to check on their neighbors, friends, and invite them in to share your happiness in this festive time of year. c) Hurricane Sandy Relief Efforts — Mayor Hamik recalled for everyone that anyone wanting to help provide aid to victims of the Hurricane could go onto the Convention & Visitors Bureau website for places they can make donations. She knew it would mean a lot to those victims. 5. Suagested Items for Future City Council Meeting Aaendas: None XIX. ADJOURNMENT On a motion by Tanner, second by Spiegel, and 5-0 vote of the City Council, Mayor Hamik adjourned the meeting at 6:12 p.m. ATTEST: ' A Ob/ mil► RAC LLE D. KLA EN, C CLERK agoCITY OF PALM DESERT, CALIFORNIA JAN C. ARNIK, MAYOR 32