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HomeMy WebLinkAbout2013-02-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 14, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Harnik convened the meeting at 3:03 p.m. I1. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Jan C. Hamik Absent: Councilman Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk 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 Jason Finley, Supervising Plans Examiner Bill Hunley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk Upon question by Mayor Hamik, Ms. Klassen confirmed that today's meeting agendas had all been posted in accordance with the Brown Act. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: APNs 634-224-019 (75333 Kelsey Circle N.), 634-062-028 (75455 Wildflower Lane), 634-061-038 (43840 Blueberry Lane), and 634-241-042 (43710 Kelsey Court), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Palm Desert Housing Authority Under Negotiation: x Price x Terms of Payment 2) Property: APN 634-242-015 (75313 Kelsey Circle N.), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Karel Novak and Hanna Novak Under Negotiation: x Price x Terms of Payment 3) Property: APN 693-230-016 Negotiating Parties: Agency: John M. Wohlmuth/Mark Greenwood/City of Palm Desert Property Owner: NetREIT, Inc. 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 C. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Govemment Code Section 54956.9(c): Number of potential cases: 1 + 1 = 2 Mr. Erwin requested the City Council's consideration of adding another case of potential to initiate litigation pursuant to Government Code Section 54956.9(c), making a total of two (2) cases under Section IV - Adjoum to Closed Session, Item C, by four -fifths vote (see notation above). On a motion by Benson, second by Tanner, and 4-0 vote of the City Council, with Spiegel ABSENT, the aforementioned case of potential to initiate litigation was added to the Closed Session agenda. Mayor Harnik noted that on Tuesday this week, City staff met with representatives of the Palm Desert Youth Sports Association (PDYSA) regarding a proposal for their 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 Annual Opening Day Celebration. Previously, they'd done a one -day event; they were now looking at a three-day celebration. She asked if this could also be added to today's regular City Council Meeting agenda, since it came up following posting of the agenda. Upon a motion by Benson, second by Tanner, and 4-0 vote of the City Council, with Spiegel ABSENT, the aforementioned consideration for the PDYSA Annual Opening Day Celebration was added to the agenda under Section XIV - New Business, Item E. With City Council concurrence, Mayor Hamik adjourned the meeting to Closed Session at 3:07 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 - Councilman Van G. Tanner VII. INVOCATION - Mayor Pro Tem Jean M. Benson VIII. ORAL COMMUNICATIONS - B MS. CONNIE GOLDS, representing Desert Best Friend's Closet, Palm Desert, came forward today to thank the City Council for the financial support their organization had been given through Community Development Block Grant (CDBG) funds in FY 2012-2013. She related that their mission is to provide interview attire for low-income men and women seeking employment, along with one-on-one assistance to clients referred to them by various agencies. They provide up to three outfits for each client and education about what it means to dress more professionally, while treating every client with the utmost dignity and respect. She said while many articles of clothing are donated, when there's a gap in available sizes, they need funds to go out and purchase clothing for these clients. She related that without an adequate selection of garments in various sizes, it's difficult to extend the appropriate level of dignity and respect to everyone they serve. She then displayed some representative samples of the outfits they provide, including all the necessary accessories. She added that their organization is part of an alliance of agencies that provide these services, which all work together very closely to identify various resources available for this purpose, and she extended an invitation to tour their location in Palm Desert by giving her a phone call at (760) 776-9975 to arrange a visit and leam more about their programs. She again extended sincere appreciation to the City. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 Mayor Harnik thanked Ms. Golds for what she does, because it was a very important niche being filled by Desert Best Friend's Closet. MR. DOUG GALLOWAY, Broken Arrow Trail, Palm Desert, and Coordinator of Special Events for the Palm Desert Youth Sports Association (PDYSA), which provides both the baseball and girl's softball leagues of Palm Desert. He commented that last year's Closing -day Event was held at the Palm Desert Aquatic Center. They rented the facility for the entire evening to bring the entire League there, and he reported that it was a tremendous evening through the thanks to the help of Senior Management Analyst Ryan Stendell, Aquatic Center Manager Karen Creasy and her staff, who all provided fabulous assistance in coordinating the event. He noted that he'd been coming before the City Council over about the last five years to announce their Annual Opening Day Events (as he would also be talking about during the item added to today's agenda), and he wanted to be sure to first report on the success of last year's events. Opening Day drew about 3,000 people, and the Closing Day about 1,500, and they hoped to be able to book the Aquatic Center again this year in June to celebrate Closing Day. all r DR. GARY RUTHERFORD, Superintendent of Desert Sands Unified School District, introduced himself to City Council and the audience, adding that he'd been on the job exactly one week here. He was pleased to be in the community and .I appreciated the very warm greeting he's received from Mayor Hamik, Councilmembers, and Mr. Wohlmuth, who were kind enough to attend the reception us held in his honor recently. He looked forward to continuing the strong positive relationship Desert Sands has enjoyed with the City of Palm Desert for many years. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE PAM TOUSCHNER FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS ARCHITECTURAL REVIEW COMMISSION, 2008-2012. On behalf of the City Council, Mayor Hamik presented an engraved crystal clock to Ms. Touschner, recognizing her four years of service on the City's Architectural Review Commission. Ms. Touschner graciously accepted the City's recognition, adding that it had been a great pleasure to serve in this capacity, and she terribly regretted having to resign due to her work commitments. She hoped to be able to return to serving when her schedule permitted, and she hoped she would be welcome at that time. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 B. PRESENTATION TO RECOGNIZE GALE BROEKER FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS CULTURAL RESOURCES PRESERVATION COMMITTEE, 2005-2012. On behalf of the City Council, Mayor Hamik presented an engraved crystal clock to Ms. Broeker for her seven years of service on the Cultural Resources Preservation Committee. Ms. Broeker thanked the City Council for the opportunity to serve and for today's recognition; however, she was disappointed in the residents here who had no pride in their property. Palm Desert is nearly 40 years old, there was a community here for 30 years prior, and there are dozens of architecturally and historically significant properties that, for some reason, people didn't want to recognize. She hoped that trend would change soon. C. PRESENTATION TO RECOGNIZE D. KENT ROUTH FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS CULTURAL RESOURCES PRESERVATION COMMITTEE, 2004-2013. Mr. Routh was unable to be present for today's recognition. His engraved crystal clock will be forwarded to him separately. D. APPOINTMENTS TO VARIOUS VACANCIES ON AND REAPPOINTMENTS TO THE CITY'S STANDING COMMITTEES AND COMMISSIONS, AND APPROVAL OF RELATED ACTIONS. Councilman Tanner moved to, by Minute Motion, make the following appointments and reappointments: 1) Architectural Review Commission: Appoint Michael T. McAuliffe to a four-year term to fill Pam Touschner's vacancy (Jan. 1, 2013 - Dec. 31, 2016) and James G. McIntosh to Ken Stendell's term (Dec. 31, 2015); 2) Audit. Investment & Finance, Committee: Appoint Stanley W. Sperling to Susan Marie Weber's term (Dec. 31, 2014); 3) Cultural Resources Preservation Committee: Appoint Leslie D. Roth to a four-year term to fill Gale Broeker's vacancy (Jan. 1, 2013 - Dec. 31, 2016); reappoint Ricki Brodie and Don Graybill each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016); 4) El Paseo Business Association Board of Directors: Reappoint Elyssa Goldberg, Janet Hanson, and Susan Stauber each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016); 5) Housina Commission: Ratify the four-year extension for J. Wade Tucker (Jan. 1, 2012 - Dec. 31, 2015) from expiration of his term in December 2011, once dissolution of the Redevelopment Agency occurred and Council determined that the Palm Desert Housing Authority would assume all Housing activity thereafter; 6) Library Promotion Committee: Reappoint Marilyn Hahn and Ella Manor each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016); 7) Marketing Committee: Appoint Nyla A. Patzner as an Altemate Member for the position currently held by Jennie Rayner (The Living Desert; term Dec. 31, 2015); 8) Parks & Recreation Commission: Appoint Lynn B. Jutovsky to fill Michael Barnard's term (Dec. 31, 2013); reappoint Deborah Hall and Mary Helen Kelly each to a four-year term (Jan. 1, 2013 - Dec. 5 MINUTES FIEGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 31, 2016); 9) Plannina Commission: Appoint Ken Stendell to fill Van Tanner's vacancy (Dec. 31, 2013); reappoint Nancy DeLuna to a four-year term (Jan. 1, 2013 - Dec. 31, 2016); 10) Public Safety Commission: a) Appoint Terry W. Kramer to Rick Lebel's vacancy (Dec. 31, 2014); reappoint Jim Butzbach and Marty Nethery each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016); b) direct staff to prepare the necessary bylaws modification that will add two members to the Public Safety Commission, making a total body of seven (7), with appointment of Phyllis J. Harkins and Frank T. Taylor to follow at the appropriate time, each for a new term, staggered to end at Dec. 31, 2015, and Dec. 31, 2016, respectively; 11) Rent Review Commission: Reappoint Brian Torsney, Sr., to a four-year term (Jan. 1, 2013 - Dec. 31, 2016); 12) Citizen's Sustainabilitv Committee: Appoint Tommy D. Edwards and Gregory A. Gritters each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016); 13) Youth Committee: Reappoint Julien Bloch, Roman Bloch, Kaylie Chen, Windy Chisem, Will Harvey, Yung Kim, Jessica Kozlak, Andrew Mehta, Jozanne Murphy, Cassidy Quilling, Jason Rosenblum, Don Sandoval-Heglund, Daniel Sanford, Taylor Schmidman, and Wes Wohlmuth each for a one-year term (Jan. 1 - Dec. 31, 2013). Motion was seconded by Weber and carried by a 4-0 vote, with Spiegel ABSENT. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 24, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 147, 148, 152, 153, and 154. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS, for the Months of November 2012 and December 2012 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MINUTES. 1. Art In Public Places Commission Meeting of October 17, 2012. 2. Audit, Investment & Finance Committee Meeting of November 27, 2012. 3. Marketing Committee Meeting of December 18, 2012. 4. Youth Committee Meeting of January 7, 2013. Rec: Receive and file. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 E. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal — Desert Willow Golf Resort Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus and authorize disposal as appropriate. F. REQUEST FOR AUTHORIZATION to Bid the Colorado Timing and Scoring System for the Palm Desert Aquatic Center (Contract No. C32540). Rec: By Minute Motion, authorize staff to bid the Colorado Timing and Scoring System for the Palm Desert Aquatic Center — funds are available in Aquatic Center Fund 242, Capital Account No. 242-4549-454-4001. G. REQUEST FOR AUTHORIZATION to Renew a One-year Lease Agreement with Donna Piszczor, d.b.a. Palm Desert RC Raceway, for the Operation of a Remote -controlled Car Racetrack on a Vacant City -owned Parcel Located on Painters Path (APN 640-091-010) (Contract No. C29463). Rec: By Minute Motion, authorize the Mayor to execute a one-year Lease Agreement with Donna Piszczor, d.b.a. Palm Desert RC Raceway, for the operation of a remote -controlled car racetrack on a vacant City -owned parcel located on Painters Path (APN 640-091-010). H. REQUEST FOR AUTHORIZATION to Transfer Mobile Telephone Contractual Service for the Palm Desert Police Department from Sprint/Nextel to Verizon Wireless to Achieve an Annual Cost Savings. Rec: By Minute Motion, approve a contractual change to the cellular service provider for the Palm Desert Police Department from Sprint/Nextel to Verizon Wireless and purchase 20 new mobile smart phones, and authorize the City Manager, or his designee, to execute any related documentation. I. INFORMATIONAL REPORT on the 2012 Holiday Theft Suppression Program. Rec: Receive and file. Upon a motion by Benson, second by Weber, and 4-0 vote of the City Council with Spiegel ABSENT, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 XII. RESOLUTIONS A. RESOLUTION NO. 2013 - 07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS. Mr. Gibson noted the staff report that reflected the changes for the revenues, which was up about $550,000, mainly due to the sales tax, and about $178,000 in expenditures, most of which is through legal litigation. Councilman Tanner moved to waive further reading and adopt Resolution No. 2013-07. Motion was seconded by Weber and carried by a 4-0 vote, with Spiegel ABSENT. B. RESOLUTION NO. 2013 - 08 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 2012-37 - DEVELOPMENT SERVICE FEES RELATIVE TO FUEL CELL PERMITS AND MICROFILM FEES. Supervising Plans Examiner Jason Finley noted the staff report on the permit and archiving fees and offered to answer any questions. Councilman Tanner moved to waive further reading and adopt Resolution No. 2013-08. Motion was seconded by Weber and carried by a 4-0 vote, with Spiegel ABSENT. C. RESOLUTION NO. 2013 - 09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING SUPPORT FOR AN ENERGY PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA EDISON, IMPERIAL IRRIGATION DISTRICT, SOUTHERN CALIFORNIA GAS COMPANY, AND THE MEMBER AGENCIES OF THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TO BE KNOWN AS "THE DESERT CITIES ENERGY PARTNERSHIP." Mr. Alvarez stated that in 2007 the City entered into an energy partnership with Southern California Edison, The Gas Company, and the Energy Coalition. The program was funded by the California Public Utility Commission (CPUC) and was known and branded to the community as the Set to Save Program. The partnership set forth an aggressive goal of reducing energy consumption by 30% over a 5- to 6-year period. The Set to Save energy partnership concluded December 31, 2012. Although the program was not entirely successful in reaching that 30% energy reduction, it was highly successful in educating the community on energy efficiency and other ways to improve the environment and be able to save money at the same time. In the process of the Set to Save Program, the City was able to reduce energy consumption by 106 million kilowatt hours, which was equal 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 to a citywide energy savings of 15% since 2007. Other benefits associated with this energy savings include equivalent of removing 80,000 metric .tons of carbon dioxide, equal to removing 15,000 vehicles from the roadways annually. To continue the efforts set forth by the City in the Set to Save Program, staff is seeking Council consideration and approval to join the Coachella Valley Association of Governments (CVAG) Desert Cities Energy Partnership, which is also funded by the CPUC. The Desert Cities Energy Partners include CVAG, Southern Califomia Edison, Imperial Irrigation District (IID), and CVAG's members' cities. The goal of the partnership is to help local governments to continue to lead their communities in improving energy efficiency and reducing greenhouse gas emissions. He noted Katie Barrows from CVAG, Jennifer Cusack from Southern Califomia Edison, and Deborah McGarry from The Gas Company were in attendance and available to answer any questions. He said staff prepared a Resolution for Council's consideration and approval to join CVAG's Desert Cities Energy Partnership. Mayor Pro Tem Benson asked if the City would still be members of the Aspen Accord and/or is this new Desert Cities partnership going to be a member. Mr. Alvarez responded Palm Desert was still a member of the Aspen Accord through this year, and it would be up to the Council on whether to continue that effort next year. He said Ms. Barrows could answer the Aspen Accord membership question. Mr. Wohlmuth added Palm Desert was currently a member of the Energy Coalition (Aspen Accord) through this fiscal year, and it was at Council's discretion whether to continue that membership at budget review when it also considered membership in other agency groups, at which time, staff will provide the Council further insight. Mayor Pro Tem Benson asked if Desert Cities Energy Partnership would be looking at joining, so that it was more of a Valley -wide issue than a local issue. MS. KATIE BARROWS, Director of Environmental Resources at CVAG, applauded Palm Desert for its leadership in the partnership with Southern California Edison and The Gas Company, in particular, the Aspen Accord. However, she's only had one conversation with the Energy Coalition about the possibility of joining, but she would like to explore it further, because she agreed a regional approach made sense. Further responding, she agreed to speak with City staff about it, because Palm Desert was most familiar with the benefits of the Aspen Accord and the things it has been able to accomplish. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 Mayor Hamik agreed with Mayor Pro Tem Benson's comments, because she didn't want the City duplicating efforts. She said it was great CVAG was taking a lead on this, because in order to be effective, it needed to done as a region. She knew Palm Desert had taken the lead on this issue, but this was an opportunity for all to benefit. Mayor Pro Tem Benson moved to waive further reading and adopt Resolution No. 2013-09. Motion was seconded by Tanner and carried by a 4-0 vote, with Spiegel ABSENT. D. RESOLUTION NO. 2013 - 10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PERMANENT EXEMPTION, AS PROVIDED FOR IN SECTIONS 24.16.055 AND 24.16.110 OF THE PALM DESERT MUNICIPAL CODE, TO ALLOW LIGHT -EMITTING DIODE (LED) PARKING LOT LIGHT FIXTURES IN PLACE OF HIGH-PRESSURE SODIUM LIGHT FIXTURES AT 77-750, 77-760, 77-770, AND 77-780 COUNTRY CLUB DRIVE (Country Club Marketplace, Applicant). MI .r Assistant Planner Melissa Nale stated a new property owner purchased the subject four buildings; they are known as Country Club Marketplace. The ON new owner proposed to install parking lot lighting in an existing unlit parking lot, and they would like to use the most energy efficient lighting available on NO the market today. Currently, the Palm Desert Municipal Code only allows high pressure sodium lights in this type of development, but the City Council can grant an exemption on a case by case basis. Staff and the Citizen's Sustainability Committee has researched Light Emitting Diode (LED) lighting and is incorporating it into Chapter 24.16 Outdoor Lighting Requirements to update that part of the Code. In addition, Palm Desert Police staff and Sustainability Committee members have visited a site in Rancho Mirage where they have already installed LED lights as part of the Eisenhower Medical Center parking lot addition. The lighting was endorsed by all that visited there, stating LED lighting produced a more evenly distributed light than the high pressure sodium lights. She said staff recommended approval and offered to answer any questions. Mayor Pro Tem Benson stated the Chamber of Commerce should be advised that it was allowing this parking lot to make the change, and others can apply to do the same. She said if LED lighting is better than regular lighting as claimed, there might people that are unaware. Mr. Wohlmuth stated there are probably a few developments that would change out their lighting, and in speaking with Director of Planning Lauri Aylaian, the Sustainability Committee is working on a new Night Sky Ordinance that the Council may soon review, which allows this type of lighting in the near future. PEI all 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 Mayor Harnik asked what did the City put in place to only require high pressure sodium light fixtures and what was the benefit. Ms. Nale responded she was not around during the original writing of the Code, but knew that LED lights were not available on the market at that time. She went on to state the current Code was severely outdated and needed to be updated to what is currently available and is the most efficient. Mr. Wohlmuth stated the Night Sky Ordinance was adopted by the City Council on or about 1989, which was plagiarized from Riverside County and Mt. Palomar Observatory guidelines, so that their observatory was effective. He said Palm Desert fell partly around the Palomar Observatory boundary, and therefore, they recommended the usage of either high pressure or low pressure sodium lighting so that spill over light didn't pollute the night skies. He said low pressure sodium lights are those ugly yellow lights that police don't like, because the color delineation is very poor. At that time, police recommended high pressure sodium lighting, because it provided better protection. Councilman Tanner stated that from a planning standpoint, he agreed the City needed to move to a better light that was current and not from 1989. Councilman Tanner moved to waive further reading and adopt Resolution No. 2013-10. Motion was seconded by Benson and carried by a 4-0 vote, with Spiegel ABSENT. XIII. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1252 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.16.010 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA — AUDIT, INVESTMENT & FINANCE COMMITTEE. Mr. Gibson stated the Resolution proposes the elimination of the position of Assistant City Manager to Redevelopment, since that staff member has retired. Additionally, remove the Treasurer position with that member still attending the meetings, but not as a voting member. The change will provide a lower threshold for a quorum at meetings and bring the membership from six to five. Councilmember Weber moved to waive further reading and pass Ordinance No. 1252 to second reading. Motion was seconded by Tanner and carried by a 4-0 vote, with Spiegel ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 2. ORDINANCE NO. 125 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.48.110 AND 2.48.090 OF THE PALM DESERT MUNICIPAL CODE (AMENDING ORDINANCE NOS. 758 AND 116), RELATIVE TO DISASTER ADMINISTRATION AND EMERGENCY RELIEF. Mr. Aryan stated the recommended changes are administrative in nature like deleting various positions that no longer exist in the City and replacing them with others that do. One section deals with succession in terms of who can declare an emergency if the City Council cannot meet following an incident. He said it was important to get the line of succession clearly detailed and noted within the Ordinance for any future type of Federal disaster relief or aide. Councilman Tanner moved to waive further reading and pass Ordinance No. 1253, to second reading. Motion was seconded by Weber and carried by a 4-0 vote, with Spiegel ABSENT. B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION FOR STAFF TO SOLICIT BIDS FOR CONSTRUCTION OF A LEFT -TURN POCKET ON MAGNESIA FALLS DRIVE AT THE PALM DESERT AQUATIC CENTER DRIVEWAY (CONTRACT NO. C32550, PROJECT NO. 622-13). Mr. Greenwood stated soon after opening of the Aquatic Center 1' years ago, staff became aware that residents north or east of the Center were having trouble gaining access to the Aquatic Complex. Staff determined a left-tum ingress could be designed for inbound only into the site on Magnesia Falls at the main driveway. He said staff was making the Council aware of the project and recommended approved to commence the bidding. Responding to comment about the engineer's low estimate of $75,000 when taking into consideration prevailing wages, he explained this was a small project and it did not include prevailing wages. Councilman Tanner moved to, by Minute Motion, authorize staff to prepare bid documents and solicit bids from qualified contractors to construct a left-tum pocket on Magnesia Falls Drive at the Aquatic Center driveway — funding to bid and construct this project is available in Aquatic Center Capital Improvements, Account No. 242-454-9454-4001. Motion was seconded by Benson and carried by a 4-0 vote, with Spiegel ABSENT. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 B. REQUEST FOR APPROVAL, OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITIES OF INDIAN WELLS, PALM DESERT, AND RANCHO MIRAGE FOR THE FUNDING OF A DEDICATED FORENSIC TECHNICIAN POSITION FOR THE COVE COMMUNITIES' LAW ENFORCEMENT SERVICES (CONTRACT NO. C32560). Mr. Aryan stated the funding of a full-time Forensic Technician Position is a proactive effort to mitigate residential and commercial burglaries and similar type of crimes within Palm Desert and the Cove Communities. Besides performing technical forensic work in collecting crime scene evidence, this position will also provide professional testimony at criminal trials and provide additional training for patrol officers in evidence collection and gathering. He said this dedicated position will provide a drastically higher level of service than is currently not available to the City. The technician will be coming out of the Thermal station and servicing the more serious types of crimes, of which there is an increase through the AB101 realignment. The Cove Communities City Manager's of Indian Wells, Palm Desert, and Rancho Mirage looked at the funding for this position and felt an equitable formula would be based upon actual service calls versus population, which is the recommendation. He noted the Public Safety Commission and Cove Commission reviewed this item and both recommended approval. Councilmember Weber moved to, by Minute Motion, approve the subject MOU between the Cities of Indian Wells, Palm Desert, and Rancho Mirage for funding a Dedicated Forensic Technician Position for the Cove Communities' Law Enforcement Services, commencing in Fiscal Year 2013-2014, and authorize the Mayor to execute same. Motion was seconded by Tanner and carried by a 4-0 vote with Spiegel ABSENT. C. REQUEST FOR APPROVAL OF AN AGREEMENT WITH THE NATIONAL CIVIC LEAGUE FOR FACILITATION AND PREPARATION OF A NEW CITY OF PALM DESERT STRATEGIC PLAN (CONTRACT NO. C32570). Mr. Wohlmuth stated that at the last City Council meeting, as part of the Study Session, the Council considered/heard the presentation by the National Civic League, the entity staff is recommending doing Palm Desert's next Strategic Plan. Since the 2000 and 2010 Plans have been completed, staff believes much has changed, i.e., funding, redevelopment, the economic climate, population, and the service to the public over the last 10 to 15 years have changed. He recommended going through another strategic planning process involving community participation to create a vision for Palm Desert moving forward for the next couple of decades. He said staff would like to partner with the National Civic League for facilitation of this process. The cost of this strategic plan is $80,000, and funds have been budgeted in the 2012/2013 Fiscal Year Budget; he originally had requested $100,000 for this process. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 Mayor Hamik asked if there was a standardized timing for strategic plans. 1n other words, if this one gets approved, when will the next one happen. Mr. Wohlmuth responded the life of a strategic plan can be several decades, stating that once this plan is completed, he suggests the Council look at how many of the established goals have been met, what are the challenges at that time, and discuss. Palm Desert has been growing very rapidly from 1973 to present, and because of that growth, it had two serious strategic planning efforts. A city without the dynamic issues and rapid growth Palm Desert has experienced over the years, can probably get away with it for 30 or 40 years. He suggested that 10 years from now, the Council should determine how many of the goals have been met, what types of programs/project have been implemented that are identified in the Strategic Plan, and if the goals of that strategic plan are met, it may be time to undertake another one. Councilmember Weber stated she enjoyed the National Civic League's presentation; they sounded confident and experienced, and it was exactly what Palm Desert needed. Councilman Tanner noted this was a budget item for fiscal year 2012/2013, and asked when was the anticipated start date, because the staff report indicated it was a 10- to 12-month process. Mr. Wohlmuth stated that if approved, staff will begin with a schedule and time table with the National Civic League. He said one important aspect of this 10- to 12-month process is to get community participants and start identifying those. If the City enters into this contract, the money will be encumbered and funds wouldn't have to be carried over. Mr. Gibson concurred. Mayor Hamik was happy to be moving forward, because the needs and vision on how the City serviced the community has changed. She said community needs have shifted, and the Council needed to be aware of it to ensure Palm Desert continues to do as well as it's famous for. Councilman Tanner commented he was from the mid west originally, and $80,000 seems like a lot of money, but he believed this organization was going to do a great job. Councilman Tanner moved to, by Minute Motion: 1) Approve an agreement with the National Civic League in the amount of $80,000 for facilitation and preparation of a new City of Palm Desert Strategic Plan; 2) authorize the Mayor to execute said contract — funds are available in Account No. 400-4130-411-3090. Motion was seconded by Benson and carried by a 4-0 vote, with Spiegel ABSENT. ens 041 ar 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 D. REQUEST FOR AWARD OF CONTRACT TO LAYFIELD ENVIRONMENTAL SYSTEMS CORPORATION IN AN AMOUNT NOT TO EXCEED $260,478 FOR THE DESERT WILLOW RESERVOIR COVER REPLACEMENT (CONTRACT NO. C32210, PROJECT NO. 861-12). Mr. Greenwood stated the Desert Willow Golf Courses uses a blend of reclaimed, recycled, and canal water as delivered from Coachella Valley Water District (CVWD). Water is stored in a reservoir on site at Desert Willow, and it has a cover to limit evaporation and minimizes any smells that might emit. The cover has been there since 1996; therefore, it's been there for 16 or 17 years and is unserviceable at this point. The City used the design build process to seek a contractor who could provide a high quality cover that will last a long time with a 30-year warranty. Staff recommended award of contract to Layfield Environmental Systems Corporation who was not the low price bidder, but who staff believes is providing the best quality for the dollar. Councilmember Weber moved to, by Minute Motion: 1) Authorize award of the subject contract to Layfield Environmental Systems Corporation, Spring Valley, Califomia, for the Desert Willow Reservoir Cover Replacement Project in an amount not to exceed $260,478; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $26,047.80; 3) authorize the Mayor to execute the contract; 4) authorize the City Manager to approve Change Orders in an amount not to exceed 50% of the contingency ($13,023.90) — funds for the project are available in Course and Grounds Expenses Account No. 441-4195-495-8092. Motion was seconded by Tanner and carried by a 4-0 vote, with Spiegel ABSENT. NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY 4-0 VOTE AT THE CONVENING OF THE MEETING, 3:00 P.M. (Please see that portion of the minutes for the motion to add.) E. CONSIDERATION OF REQUEST BY PALM DESERT YOUTH SPORTS ASSOCIATION (PDYSA) FOR CONDUCTING ITS ANNUAL OPENING DAY CELEBRATION EVENT ON SATURDAY, MARCH 9, 2013. Mayor Harnik noted this item was added to the agenda to discuss the Opening Day Celebration for Palm Desert Youth Sports Association (PDYSA), stating the City has had great opening days for the baseball/softball activities. The event is planned for Saturday, March 9, 2013, and the City has a short window to accomplish anything, which is why it was added to this agenda. Management Analyst Ryan Stendell stated that on Tuesday of this week, he and City Manager discussed with PDYSA a different plan for opening day this year, which would include the creation of a carnival event. PDYSA proposes to use the northern area of the Civic Center Parking complex for 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 carnival games and rides similar to attractions one might see at the Date Festival. He said City staff and PDYSA have worked tirelessly together over the last several years to produce excellent opening day events, but in this case, staff conveyed to the event producers the concerns and issues as far as timing, because per the Municipal Code, there are conditions on those fields for amplified music and sound. Additional issues include charging for services within parks, camping that would occur to accommodate this event, parking, noise, and sound issues. With only three weeks out from the event, staff requires a significant amount of time to go through the whole process, which is why it was added as an emergency item to the agenda. He noted representatives from PDYSA are available to answer specific questions about this event. Mayor Harnik pointed out there was a lot of information in the notebooks provided by PDYSA, which the Council hadn't had a chance to review. Mayor Pro Tem Benson asked if security would be provided for the event. Mr. Stendell responded the event producer is actually proposing to have staff on -site for the entire duration of the event, which would require specific Council action for them to camp out. MR Ni MO Mr. Wohlmuth added that although the opening day is scheduled for usi March 9, the proposal is for Friday, March 8, Saturday, March 9, and Sunday, March 10. Hours of operation have been discussed, but haven't been finalized. He said there are issues from camping to selling in the park, which are violations of the Municipal Code. Therefore, if the proposal is approved, staff would need to return at a later date with the exemptions to the Municipal Code to address the camping, selling, parking, hours of operation, and whatever else is needed. MR. DOUG GALLOWAY, Broken Arrow Trail, Palm Desert, and Coordinator of Special Events for the Palm Desert Youth Sports Association (PDYSA), stated that opening day has grown from 1,000 to 3,000 people. A typical opening day is Saturday where all 70 teams play a game at the Civic Center Park, there is a marching band, airplanes flying over, and Hall of Fame greats throwing the first pitch like Johnny Bench, Don Sutton, Steve Garvey, and the event has grown to astronomical proportions. He said they are now proposing a weekend event, which includes Friday night, Saturday, and Sunday, and they plan to expand the event into the parking lot. With regard to noise, this event will actually reduce the noise, because in past events they have used amplified sound, marching bands, and airplanes, and now they are proposing to eliminate those things. The event itself moves further away from the fields and Monterey Country Club; therefore, the impact is less noise to the residents at Monterey. The camping accommodation is for the carnival company to set up four or five RV campers next to the facilities 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 adjacent to the fields, so that carnival staff can stay there to watch the rides and provide security. In terms of sales, it was probably Council's biggest obstacle. The relationship with the vendor is such that they will sell the tickets, they keep the money, and PDYSA receives a revenue sharing for their nonprofit organization. He has some proposals with regards to parking, but the event will actually produce less noise; it will be very controlled and very safe. He said the vendor is extremely professional, they have all the proper licensing, safety checks, and is in full compliance with all State regulations for camival rides. If Councilmembers have been to any of their past events, hopefully they are confident in the quality and safety of their events. He said the proposal is to extend the event into the parking lot and to upgrade it from bouncers to carnival rides. Mayor Pro Tem Benson asked if the residents at Monterey Country Club have been advised, because if they haven't, they should be. Mr. Wohlmuth agreed, stating it would be a challenge for staff to make sure that Monterey Country Club, YMCA, Desert Recreation District, dog park users, and tennis court users to be notified. He pointed out this proposal was presented to the City two days ago. Mayor Pro Tem Benson stated it would concern her for Monterey Country Club and residents along Magnesia Falls not to be aware of a camival type of event, because she could just see all the telephone calls coming in on Monday morning. Mayor Hamik asked if there was input or consulting from the YMCA and Desert Recreational District. MR. GALLOWAY replied he could only share his experience as someone who has coached for the YMCA basketball, and coached baseball and soccer. When he began coaching and his kids became of age, he noticed the baseball season interfered with the basketball season, so he requested a meeting with the YMCA to suggest moving one weeks around to avoid overlapping. However, his concern was met with apathy, but they were not interested in adjusting at all for the benefit of the kids; therefore, he has been disappointed with their response to working with other sports leagues. He said opening day has been on a Saturday with a couple thousand people, cars everywhere, it's great, the kids and family love it. In this proposal, they are adding Friday night, Saturday, and Sunday carnival. Mayor Pro Tem Benson reiterated it concemed her that the Country Club hadn't been advised before the Council considers something in their back yard. She understood the Saturday event, and Monterey County Club had been on board, but the City has never had a three-day carnival in their back yard. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 MR. GALLOWAY explained the event will be much further away than what Monterey Country Club is used to, and there will be no amplified sound or DJ playing music. Therefore, they felt the noise impact from the parking lot to Monterey Country Club would be none. He thanked the Council for their consideration. Councilmember Weber stated it was her understanding that the only people camping in their RVs and guarding their assets is camival staff during the event stay. MR. GALLOWAY stated it was his fault for being late in submitting this proposal, but he had been working toward this for many months and was fortunate to have been contacted by Davis Rides, who is willing to take a chance on this event at great expense to them. He literally met with Davis Rides last week, put the proposal together, and was able to get an appointment with Ryan Stendell to rush this proposal by the Council. He understood the event has impact and apologized for coming up close to the deadline. Councilmember Weber commented it was the reason Council was asking all these questions. She then inquired about what the vendors would be selling. MR. GALLOWAY responded Davis Rides will be selling tickets for the rides. There will also be a food court for the selling of pretzels, cotton candy, etc., noting there will be two ride sections for small and big kid rides. Councilman Tanner stated he appreciated Mr. Galloway calling him prior to the meeting for an update, noting that part of their discussion was about security and fire safety with regards to traffic coming in and out. However, to be fair to PDYSA, including the girls softball, typically the City would want more time to investigate, but then that would probably only give PDYSA a week before the first pitch is thrown. He didn't know if Fire or Police representatives in attendance had any time to review this event, which concerned him more than anything else, because everyone was in it for the security of the kids and City residents. He invited Fire or Police representatives to provide their input. Mr. Wohlmuth pointed out that Fire and Police have not been apprised of this event. Normally, the process is the City receives an application with all the information that was probably provided in the notebook prepared by PDYSA, and they review it. In the case of Fire, Division Chief Bill Hunley would review the information along with the Fire Marshal for ingress, egress, circulation of fire trucks and emergency response vehicles. However, they haven't had a chance to do that, because this process literally started Tuesday (Feb. 12). 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 DIVISION CHIEF BILL HUNLEY, Palm Desert Fire/Riverside County Fire Department/California Fire, stated that as far as tents and booths, once they are set up, they all have to be inspected and need to comply with State Fire Marshal rules. In other words, there is a whole process that requires it going through the Fire Department and Fire Marshal. Whoever is setting up the rides would have to submit that information to the Fire Marshals and needs to have it signed off by them. Mr. Stendell stated he loved the effort that PDYSA put forth for the opening day, but a lot of questions keep surfacing and it's ever evolving. In that regard, he told Mr. Galloway staff would like three to six months to plan something like this, because three weeks wasn't enough. He said staff keeps coming up with new questions every hour; therefore, staff didn't understand what the total affects are for this event. Responding to question, he said the problem is that the youth association needs assurances for the ride manufacturer this evening, which is why this item was before the City Council. Mayor Harnik stated she has been to the last three opening celebrations and they have been outstanding, but a recurring question is the ingress and egress, and with a portion of the parking lot being used for this event, it gives her further concem. She said the lead time is not sufficient for a community park, and now it was looking at taking the community out of it, which also concemed her. She said there will be young people there who may or may not be part of the great event, depending on who can afford the tickets. There are a number of concerns, and the Council is up against the wall with no time. Additionally, the issue of damage to parking lots, notifying tennis court users, YMCA, Desert Recreation District, dog park users, etc., which was a lot. She didn't think the Council can address all these issues quickly enough to come up with the right answers. MR. GALLOWAY replied this was certainly not Davis Rides first rodeo, stating they are extremely familiar with fire codes and police security issues. In this event, there are two giant fire lanes with 360 tumarounds fully prepared in the plan. He said Davis Rides liability names the City as well as PDYSA as additional insurers on all damages to property, personal injury, and the parking lot itself. He said Davis Rides has done the Date Festival, County, and State fairs. He suggested tabling the motion/decision for another two weeks, and he will expeditiously meet with police, fire, and City staff to address all the concerns. He went on to say he didn't feel the event would be displacing anyone rather than it was bringing more to the community, because Saturday will continue to bring 3,000 people, and skaters and dog park users would be displaced as in the past. The only additional displacements are Friday night, Sunday aftemoon and night, yet there is practicing happening out in the fields on Friday night anyway. The 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 disruption to the YMCA and other services available is really just Friday and Sunday night. He believed this event would bring more people rather than it was taking away. He thanked the Council for placing this item on this evening's agenda. Councilman Tanner questioned whether staff had enough time to notify all the parties mentioned, as well as the residents on the east side of the park, because those residents have communicated in the past that they are not happy with disruptions. He also asked if the lights would be out by 10:00 p.m. MR. GALLOWAY responded the field lights will be turned off by 9:00 p.m. and the camival continues until 10:00 p.m. Councilman Tanner asked if staff had enough time to notify the people that are directly and potentially negatively affected, at least in their own minds. Mr. Stendell replied it was questionable, stating staff might have enough time to get the information out there, but he wasn't confident he would get a valuable response. Councilman Tanner asked Mr. Galloway if there was a Plan B. MR. GALLOWAY explained that the high school had declined to perform this year, the Marine Corps Band was disbanded, so there was no marching band. The plan prior to finding Davis Rides was to continue with the bouncers, and the new eagle at The Living Desert was not ready to perform, but will be brought over next year. Therefore, they will probably go with bouncers, have The Living Desert to do a little outreach show, and have a petting zoo. He said it was a far cry from what the Council is used to seeing with planes and marching bands, so this would be going considerably backwards, but if that's what they have to do, they will respect that decision. However, this proposal was a plan to increase on past events to keep Palm Desert on top of all the other leagues, because they have had the biggest and the best. Unfortunately, he acknowledge the proposal is very late. He reiterated Plan B will include bouncers, The Living Desert, and a petting zoo. Mayor Pro Tem Benson stated this was a community affair and not a Valley -wide event, which the camival will attract. She said once people find out it's a free carnival, it will attract a lot more people than normal. However, if event producers do their homework and get it going for next year, it would be a reasonable thing to do, but to spring it on the community at this point without all the checks and balances was not something she could vote in favor. She believed many of the disasters seen throughout the Country on large scale events was due to poor planning, and Palm Desert is not known 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 for planning poorly. She said it would be a disservice to the community to approve this event on such short notice. Councilmember Weber asked about the free admission, because it appears from the photographs that people are paying for the rides and food. MR. GALLOWAY explained that unlike the Date Festival where you pay an admission to get in, here there is no admission gate. Councilmember Weber stated that meant people will definitely be spending money to do rides and so forth. With respect to the marching band, she understood the high school band declined, but wondered how the middle school responded. MR. GALLOWAY said the middle school was not approached, and in faimess to them, he didn't know that their skills are at the level of the Marine Corps or the high school. He said it would be fair to have to follow a 110-piece band or the Marines. Mayor Hamik stated it was her experience that the middle school band was terrific. Councilmember Weber concurred. Councilman Tanner pointed out that the kids playing in the league are middle school students and it was worth pursuing, stating they have played in parades and they have done well. In fact, he believed they would jump at the opportunity to play. However, he agreed it may be a step backward from the Marine Corps Band. Mayor Hamik stated the fire issue is considerable, and there is no time to go through all the processes required in order for this event to be safe and fully vetted. However, she was aware that no grant was awarded to PDYSA this year, and because she couldn't support the carnival, she asked if funds could be allocated from the unobligated General Fund Reserve to contribute $3,000 toward opening day. She said if PDYSA couldn't get the middle school to perform, perhaps the funds can be somewhat of a motivational tool for the high school or whomever to perform at the event. Councilmember Weber stated she would like more of a definition on what the funds would be used for before its given, and she also wanted to know how the grant was used in the past. Mr. Wohlmuth responded the City of Palm Desert through its Charitable Contribution Committee has funded PDYSA at least $3,000 for the opening and $3,000 for the closing for the past six years. Funds have been utilized to help produce or offset costs for opening day ceremonies, whether it was for the Marine Corps Band or getting a keynote speaker for a rather large scale event with $3,000 attendees. Staff is comfortable following that type of 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 process, providing Council took action to award $3,000 toward a productive use of opening day. He suggested that since there are three months before the closing ceremony, it can be dealt with through the 2013/2014 Budget or agendize at an appropriate time prior to the closing ceremony and before the 2013/2014 Budget is approved. He noted that PDYSA has been notified to submit their application for opening and closing ceremonies for the 2013/2014 Charitable Contribution year as well. Therefore, to specifically address Councilmember Weber's concern, the City has assisted for many years entering into contracts with PDYSA, and according to Finance, the Charitable Contribution process could go relatively smoothly if the Council chooses to contribute the funds. Councilman Tanner stated he and the Council have a passion for youth sports, however, given the amount of time to do it right, and in fairness to PDYSA and everyone concerned, he would like to reject the proposal. MR. GALLOWAY stated that rather then being voted down, he would prefer to withdraw his proposal. He said they are not disappointed, because they share the same concerns for everyone's safety, and it's a big leaming lesson. He said if there isn't enough time for the Council to ensure everyone is safe and sound, then he will return next year to revisit the plan. Responding to question, Mr. Wohlmuth explained the agenda item was for consideration of PDYSA opening celebration activities; therefore, the contribution of $3,000 for opening day fell into that topic. Additionally, the City didn't have an application and PDYSA has withdrawn their proposal, so the Council didn't have to take action on this activity at the park. Councilman Tanner moved to, by Minute Motion, approved a $3,000 contribution from the City's Unobligated General Fund Reserves Discretionary Account to PDYSA to be applied toward a productive use for its Opening Day Celebration Event, with direction that a separate request return to the City Council at the appropriate time for a contribution toward the organization's Closing -day Event in June. Motion was seconded by Benson and carried by a 4-0 vote, with Spiegel ABSENT. XV. CONTINUED BUSINESS None 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AN INCREASE TO PLAN REVIEW/INSPECTION CONTRACTS FOR THE BUILDING & SAFETY DEPARTMENT FOR A MID -YEAR BUDGET ADJUSTMENT. Councilman Tanner moved to, by Minute Motion, authorize an additional expenditure of $30,000 each for Professional Service Agreement (Contract No. C30940A) with Scott Fazekas & Associates, Irvine, Califomia, and to Professional Service Agreement (Contract No. C30940B) with Willdan Engineering, San Bernardino, California, for Building Plan Review and Inspection Services for the remainder of FY 2012-2013 — the increase shall not exceed a new cumulative total of $60,000 with the approval of an additional appropriation of $30,000 conditioned upon City Council approval of Mid -year Budget Adjustment earlier on this agenda — funds are available in General Fund Account No. 110-4420-422-3010 as set forth in the FY 2012-2013 Budget. Motion was seconded by Benson and carried by a 4-0 vote, with Spiegel ABSENT. B. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT AMENDMENT AND MAINTENANCE AGREEMENT WITH CALTRANS FOR THE MONTEREY AVENUE INTERCHANGE RAMP MODIFICATION PROJECT ON INTERSTATE 10 (PROJECT NO. 669-02). Mr. Greenwood stated the City was currently in the ninth year of a two-year project to build a loop ramp on Monterey at Interstate 10. The proposed two agreements before the Council is getting the City closer to the actual construction. The first Agreement relates to funding where it outlines the State, Federal, and local monies being used. He noted there are no General Fund monies being used for this project. The second Agreement outlines the City's requirement to care for the aesthetic components of some of the new walls being built, essentially graffiti removal, which is similar to other interchange agreements. He said the City has the agreement with Caltrans for the Cook Street and Interstate10 Interchange. Councilman Tanner moved to, by Minute Motion, approve the following related to the Monterey Avenue Interchange Ramp Modification Project on Interstate 10: 1) Cooperative Agreement Amendment No. 1 (Contract No. C22310-D, Caltrans District Agreement No. 8-1425 A/1); 2) Maintenance Agreement for Retaining Wall and Tie Back Wall No. 930 (Contract No. C22310-G). Motion was seconded by Weber and carried by a 4-0 vote, with Spiegel ABSENT. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE PROPERTY LOCATED AT 74537 KING FISHER CIRCLE (APN 624-441-007), PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Ms. Moore stated that when the State of Califomia enacted AB26, it prohibited the City/Authority from taking actions with respect to any real property it owned. Staff went through all the processes requested and received approval by the Department of Finance for the Housing assets to continue to operate as a rental property or to be sold as in past practice. This is the first sale coming forward, and as part of previous Redevelopment law, a draft Purchase and Sale Agreement is to be held at a public hearing prior to the sale. Councilman/Member Tanner moved to waive further reading and adopt City Council Resolution No. 2013 - 11, confirming that the authorization of the former Palm Desert Redevelopment Agency (the "Agency") to sell small housing projects pursuant to Health and Safety Code Section 33433(c) transferred to the Palm Desert Housing Authority as the successor to the former Palm Desert Redevelopment Agency's Housing Functions and Assets. Motion was seconded by Weber and carried by a 4-0 vote, with Spiegel ABSENT. Mayor/Chairman Hamik declared the public hearing open on the proposed sale of property located at 74537 King Fisher Circle (APN 624-441-007) to a qualified household of low or moderate income, and invited public testimony FAVORING or OPPOSING the matter. With no public testimony offered, she declared the public hearing closed. Councilman/Member Tanner moved to: 1) Waive further reading and adopt Housing Authority Resolution No. HA - 49, approving the sale of the property pursuant to the attached draft Purchase and Sale Agreement, by Minute Motion: 2) approve silent homebuyer assistance loans in amounts that do not exceed $80,000 in total to ensure an affordable housing cost from any available funding source restricted for such purpose (BEGIN, Housing Mitigation, Agency/Housing Authority Program Income); 3) authorize payment of the transaction costs from the sale proceeds for the purpose of repairs required for closing, fees customary to real estate transactions in Riverside County, including escrow, title, FHA fees, inspections, vermin eradication, commissions, and disclosures; 4) authorize use of the Falcon Crest sales program and documents, including the restrictive covenant and loan documents for the applicable funding source, in their substantial form, understanding that references will be changed as necessary to the Authority; 5) authorize the Authority's Executive Director or his designee to finalize and execute the Purchase and Sale Agreement and any ancillary documents necessary to effectuate the sale and actions taken herewith. Motion was seconded by Benson and carried by a 4-0 vote, with Spiegel ABSENT. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meetina Summarie2 for the Period of January 14 - February 1, 2013. With City Council concurrence, the Meeting Summaries were received and filed. B. CITY ATTORNEY None C. CITY CLERK 1. Consideration of the Appointment of a Delegate and/or Altemate to the Southern California Association of Govemments (SCAG) General Assembly, May 2-3, 2013, at the J. W. Marriott Desert Springs Resort & Spa, Palm Desert. Ms. Klassen called attention to the request contained in the agenda packets. She noted that if the City Council desired to send its own voting delegate, the selection needed to be made at a Council Meeting with a formal action for this purpose. She noted that it was her understanding that the City had a regional representative to SCAG in Councilman Greg Pettis from the City of Cathedral City, and he could so represent the region as a whole on the part of Palm Desert. However, if Palm Desert wanted to send its own voting representative, this was the time and place to name that Councilmember. Responding to question, she affirmed that an official could attend the General Assembly without being a voting member. Mayor Harnik commented that the upcoming event had been the topic of much discussion at recent RCTC (Riverside County Transportation Commission) meetings. In answer to Councilman Tanner's question about how SCAG attendance had been handled previously, Mayor Harnik said she'd attended in the past. Mayor Pro Tem Benson added that the City had also let the regional representative do the voting for the City, as well, in prior years. Councilman Tanner felt since this year's General Assembly was being held in Palm Desert, there should be an appointed representative 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 from the City Council, and he believed the Mayor would be the appropriate appointee. Mayor Harnik added that it is a great experience and encouraged as many of her colleagues as possible attend as well. Councilman Tanner moved to, by Minute Motion, appoint Mayor Jan C. Harnik as the City's Voting Delegate to the SCAG General Assembly, May 2-3, 2013, at the J. W. Marriott Desert Springs Resort & Spa, Palm Desert. Motion was seconded by Benson and carried by 4-0 vote, with Spiegel ABSENT. 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: None 2. City Council Consideration of Travel Requests and Reports: None 3. City Council Committee Reports: a) Riverside County Transportation Commission (RCTCI — Mayor Harnik reported that RCTC recently conducted a two-day workshop in La Quinta. She obtained much good information, noting that there is some overlap with the Southern Califomia Association of Govemments' (SCAG) mission. She said there was a lot of talk about the need for CEQA (California Environmental Quality Act) reform so that it works better for people instead of being a tool that doesn't necessarily work in the best interests of the community. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 4. City Council Comment4: a) The Living Desert - Mayor Harnik commented that Southern California Golf Association Magazine just named The Living Desert as the #1 tourist attraction in Southern California. b) Palm Desert High School — Mayor Harnik related that she'd recently addressed a couple of Mr. Devlin's classes at PDHS, and the students offered a few suggestions for the City, which she thought were very insightful. She planned to bring them forward during the upcoming Strategic Planning Process. 5. Suggested Items for Future Citv Council Meetina Aaendas: None XIX. ADJOURNMENT Upon a motion by Tanner, second by Benson, and 4-0 vote of the City Council, with Spiegel ABSENT, Chairman Hamik adjourned the meeting at 5:32 p.m. ATTEST: RA HELLE D. KLA' gEN,ITY CLERK CITY OF PALM DESERT, CALIFORNIA JAN C. 1-tARNIK, MAYOR 27