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HomeMy WebLinkAbout2013-11-14W. . Ole 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 14, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Hamik convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Robert A. Spiegel Councilman Van G. Tanner Councilmember Susan Mane Weber Mayor Jan C. Hamik Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, Assistant City Attorney Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Laura 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 Bill Hunley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department Stephen Y. Aryan, Risk Manager Grace L. Mendoza, Deputy City Clerk Upon inquiry by Mayor Hamik, Ms. Klassen confirmed that the agendas for today's City Council, Successor Agency, and Housing Authority Meetings had all been posted in accordance with the Ralph M. Brown Act. .. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 IV. ADJOURN TO CLOSED SESSION r Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: 72990 Highway 111 (APN 640-140-019), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/Ruth Ann Moore/ City of Palm Desert Property Owner. City of Palm Desert Under Negotiation: Price .. Terms of Payment 2) Property: 43705 Kelsey Court (APN 634-241-037), Palm Desert Negotiating Parties: Agency: John M. Wohimuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner Terri L. McIntyre Under Negotiation: X Price X Terms of Payment 3) Property: 43930 Blueberry Lane (APN 634-061-024), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Rebecca Baker Under Negotiation: Price Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Govemment Code Section 54956.9(d)(1): 1) City of Palm Desert v. Shah, Riverside County Superior Court, Case No. INC 1301195 2) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9fd)(2): Number of potential cases: With City Council concurrence, Mayor Hamik adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:00 p.m. OM Old OM aid 2 w + MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves reported that with respect to Closed Session Property Negotiation Item No. 1, 72990 Highway 111, by unanimous vote, the City Council authorized a contribution of $5,000 toward performing a Phase II Environmental Study for the site. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Jan C. Hamik VII. INVOCATION - Councilman Van G. Tanner With City Council concurrence, Mayor Hamik suspended the agenda at this point in order to take up Section IX - Awards, Presentations, and Appointments, Item A. Following that presentation, she resumed the regular agenda order. VIII. ORAL COMMUNICATIONS - B MR. BOB ELLIOTT, Pele Place, Palm Desert, addressed the City Council about the quality of life in Palm Desert — it was touted on the City website, which he appreciated. He went on to relate that he and his wife moved to the City five years ago from Scottsdale, Arizona, purchasing a home in the Pele Place Development at the comer of Frank Sinatra Drive and Portola Avenue, and he was very proud to become one of Palm Deserts residents, particularly because of the way the City is maintained. However, recently GHA Builders built University Pointe, which is the subdivision right behind his; then about three months ago, their new backyard neighbor erected a 15-foot high children's playhouse tower, and he subsequently showed pictures of it to City Principal Planner Tony Bagato. Even though he purchased a home in a one-story neighborhood, he felt it was now a two-story neighborhood because of this invasion of his privacy with the tower next door, plus the neighbor is also complaining. He said it was the reason he purchased a home for $600,000 — he wanted to be in a one-story neighborhood. He wanted to see how this matter could be handled, because currently there are no Municipal Codes for it, and it sounded as though people could go up very high in their backyards, as long as the base of the structure is no more than 120 square feet. He beseeched the City Council to do what it could to take care of this and presented photos of the structure he referenced next door to his home. Mayor Hamik asked Mr. Elliott to provide the photos to the City Clerk, and Councilmembers stated that staff would be in touch with him. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 ORO MS. AMANDA JAYASEKARA, Palm Springs High School Junior and Palm Springs Girl Scout Troop 056 Member, thanked the City Council for allowing her to speak ea today. She introduced the website she created: http://volunteen.net/, which was based on her personal experience. As part of her school's ASB, she was required to do community service outside of school; but finding these organizations became very time-consuming and frustrating. She was then inspired to create the aforementioned website, which eamed her a Girl Scout Gold Award. She displayed the volunteen.net website on the overhead projector and demonstrated that it is an easy and friendly way for teens to find volunteer organizations throughout the Coachella Valley. Website links are provided for each of the organizations that seek volunteers, and she also has a message board on top of the volunteen.net website where teens can share their experiences and encourage one another to volunteer. Councilmembers congratulated her both for the project and for eaming the Girl Scout Gold Award on it and thanked her for doing this for the Coachella Valley. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO HONOR PALM DESERT FIRE STATION NO. 33 ENGINEER AND U. S. ARMY RESERVE 1 sT SERGEANT MARK GRASSO. On behalf of the City Council, Mayor Hamik presented Fire Engineer/U.S. Army Reserve 1" Sgt. Grasso with an engraved walnut plaque, featuring a flying bald eagle with an American flag in the background, and the message that he is the City's hero for his valiant service to both his country during deployment to Eastern Afghanistan from November 2012 - September 2013 and to the City's Fire Department. He received a standing ovation from the City Council, City staff, audience members, and representatives from all three of the City's Fire Stations, Nos. 33, 67, and 71, and the Cites Medic Unit 55 stationed in Indian Wells, who Tined the rear of the Chamber in his honor. am us ENGINEER/1st SGT. GRASSO graciously accepted the recognition and expressed sincere appreciation to the City Council and citizens of Palm Desert. He commented that the past 10 months had been long, but his firefighting "family' here had gotten him through it. He regretted that four members of his unit were lost during deployment and unable to return home with him. He added that he really loved working in Palm Desert with its wonderful people, and he especially loved going on calls when he got to interact with members of the older generation because he loved hearing their stories. Further, he loved everything about the City, their Department, was proud to wear the uniform, and he referred to all his colleagues in the mill Chamber today as his family, noting that Station No. 33 flew a Blue Star flag — a longstanding symbol for families with members who are deployed in __ the Armed Forces in a time of war — and Fire Department vehicles all 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 displayed the same single Blue Star decal in his honor, including Riverside County Fire Chief Hawkins' truck. Mayor Hamik and Councilmembers again expressed appreciation to Engineer Grasso and all the Firefighters for their good work. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 24, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 95, 96, 100, 102, 103, and 104. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#728) by Robert A. Veris in an Unspecified Total Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of September 2013 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bristol Farms, 73101 Country Club Drive, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Firewood Artisan Pizza, 73196 Highway 111, Palm Desert. Rec: Receive and file. G. APPLICATION FQR ALCOHOLIC BEVERAGE LICENSE by Wilma & Frieda's Cafe, 73575 El Paseo, Suite C-2310, Palm Desert. Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 oil H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. imil 1. Audit, Investment & Finance Committee Meeting of September 24, 2013. 2. Cultural Resources Preservation Committee Meeting of September 24, 2013. Rec: Receive and file. I. LETTER OF RESIGNATION from Ellis ("Cleve") Langford — Citizens' Sustainability Committee. Rec: Receive with very sincere regret. J. LETTER OF RESIGNATION from Nyla Patzner — Marketing Committee. Rec: Receive with very sincere regret. K. CONSIDERATION of Legislative Review Committee's Recommendation Regarding AB 158 (Levine) and SB 405 (Padilla) - Single -use Plastic Carryout Bags. Rec: By Minute Motion, concur with the Legislative Review Committee's recommendation to send letters of support for AB 158 (Levine) and SB 405 (Padilla). L. REQUEST FOR AUTHORIZATION to Provide Written Instructions to Wells Fargo Bank, National Association, as Fiscal Agent for the Section 29 Assessment District (No. 2004-02) Limited Obligation Improvement Bonds, Series 2007, to Use Surplus Monies Remaining in the Improvement Fund to CaII and Redeem Bonds. Rec: By Minute Motion: 1) Direct the City Treasurer to provide written instructions to Wells Fargo Bank, N. A., as fiscal agent for the Section 29 Assessment District (No. 2004-02) Limited Obligation Improvement Bonds, Series 2007, to use surplus monies remaining in the Improvement Fund to call and redeem a portion of the outstanding bonds; 2) authorize the City Treasurer to execute any ancillary documents necessary to effectuate the actions taken herewith. lie WI MR wall 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 M. REQUEST FOR APPROVAL of a Sister Cities Cooperative Agreement Between the City of Palm Desert and the Village of Bensenville, Illinois, for the Joint Sister City of Ixtapa-Zihuatanejo, Mexico. Rec: By Minute Motion, authorize the Mayor to execute a Sister Cities Cooperative Agreement between the City of Palm Desert and the Village of Bensenville, Illinois, for the Joint Sister City of Ixtapa-Zihuatanejo, Mexico. N. REQUEST FOR DECLARATION of the City's 1988 Grumman Aerial Cat Snorkel Fire Truck as Surplus and Proceed with Disposal Via Auction. Rec: By Minute Motion, declare the City's 1988 Snorkel Fire Truck (VIN #1 D91 L43FJ100889) as surplus and authorize auctioning this vehicle by Ken Porter Auctions, Carson, Califomia. O. ,REQUEST FOR AUTHORIZATION to Implement a Biennial Sponsorship for the Palm Desert Police Explorer Program in the Amount of $13,800. Rec: By Minute Motion, approve implementation and funding, in the amount of $13,800, for the Palm Desert Police Explorer Program — funds are available in the Police Department Contingency Fund, Account No. 110-4210-422-3042. P. REQUEST FQR RATIFICATION of Staffs Submittal of Household Hazardous Waste Grant Application to CalRecycle in the Amount of $50,000. Rec: By Minute Motion: 1) Ratify staffs submittal of Household Hazardous Waste (HHW) Grant Application to CalRecycle in the amount of $50,000; 2) authorize the City Manager to enter into media contract with JNS Media Specialists in the amount of $45,720 from Account No. 236-4195-454-3090 to promote the City's HHW Program. Q. REQUEST FQR APPROVAL of Contract with Staples, Inc., for Citywide General Office Supplies (Contract No. C33140). Rec: By Minute Motion, approve the subject contract with Staples, Inc., for a one-year contract effective November 15, 2013, with two possible one-year extensions. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 R. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31810 — ow Highway 111 Resurfacing Project (Project No. 752-13) (Matich Corporation, Highland, 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. S. REQUEST FOR AUTHORIZATION to Release Security for Tract No. 32498 and Accept a One-year Maintenance Bond (Harrison Road Ventures, LLC, Applicant). Rec: By Minute Motion, release security on file for Tract No. 32498 and accept a one-year Maintenance Bond therefor. Upon a motion by Tanner, second by Weber, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2013 - 62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FORMALIZING THE OUTSIDE AGENCY / CHARITABLE CONTRIBUTIONS FUNDING COMMITTEE. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2013 - 62. Motion was seconded by Weber and carried by a 5-0 vote. XIII. ORDINANCES A. For Introduction: None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 B. For Adoption: 1. ORDINANCE NO, 1262 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CAUFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO MODIFY SECTION 25.56.080(D) (SECTION 25.68.080[D] CURRENTLY) - WINDOW SIGNS - OF THE PALM DESERT MUNICIPAL CODE, ALLOWING ILLUMINATED WINDOW SIGNAGE AND ESTABLISHING STANDARDS FOR THOSE SIGNS, Case No. ZOA 13-224 (City of Palm Desert, Applicant). Mayor Hamik noted that neon lighting is now considered Art in some museums, and if a gallery in the City decides they want to put neon lighting on their window, rather than be caught off guard, she would like something in place before it happens so that the Council can deal with it well. Councilman Tanner moved to waive further reading and adopt Ordinance No. 1262. Motion was seconded by Weber and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF AN OUTDOOR DINING AREA TO ENCROACH INTO THE PUBLIC RIGHT-OF-WAY ALONG LARKSPUR LANE, SUBJECT TO THE BUSINESS OWNER PROVIDING CERTAIN FACADE IMPROVEMENTS, INCLUDING A NEW AWNING, NEW PATIO RAILING, NEW PATIO FURNITURE, AND CONCRETE PLANTERS WITH UMBRELLAS FOR CAFE DES BEAUX-ARTS LOCATED AT 73640 EL PASEO, Case No. QDP 13-1Q (Cafe Des Beaux-Arts, Applicant). Assistant Planner Kevin Swartz stated the Applicant is proposing an outdoor dining area along both El Paseo and Larkspur Lane. The proposed outdoor dining along El Paseo met the design guidelines for the approved El Paseo Shopping District and can be approved at the staff level. However, the proposed outdoor dining area along Larkspur Lane needs to be approved by the City Council. He displayed various photographs of the restaurant from both El Paseo and Larkspur Lane sides, outlining the Applicant's request for a patio six feet from the back of curb along Larkspur Lane, which includes seven, two -top tables and ten concrete planters with umbrellas. He said after positioning the tables and new railing, there will be a two -foot clearance from the existing railing. He displayed Site Plan 2, which shows the drawings of the tables, chairs, and railings. He said the railing is three feet in height and rust metal color. The Site Plan also displayed the planters and blue umbrellas, which will be seven feet in height. From the curb, there is ten feet from the railing, then four feet for the table and chairs, and then a two -foot clearance, which made up the 12 feet. Responding to question, he said the 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 existing railing will remain, but it will be painted to match the new fencing and new awning. Further responding, he said the tables will be placed on the existing concrete next to the red curbing. He confirmed the patio is six inches lower than the existing railing. Councilman Spiegel said it's been indicated that the Architectural Review Commission would not approve this request, yet they didn't disapprove it. Mr. Swartz responded ARC continued the item. He said ARC had some questions about the new railing and its permanency, because the restaurant closed for a month or two during the summer time, and then there were also questions about the concrete planters. He said if the planters were going to be permanent, they would require proper drainage for irrigation. He said the ARC didn't have concerns on the actual design, their concern was the approval from the City Council for the six-foot walkway. Councilman Spiegel asked how many additional patrons will the extended patio accommodate. Mr. Swartz said with the ten, two -top tables along Larkspur Lane and two, two -top tables on El Paseo, it would accommodate 24 additional patrons. Responding to questions about the umbrellas, he said they are 31/2 feet wide with a seven -foot height clearance. Mayor Pro Tem Benson noted that currently there are no tables out on El Paseo, but the owner is proposing to extend the current outside dining that is under the vinyl cover even further. Mr. Swartz agreed, stating it met the guidelines for outdoor dining. Further responding, he said the project was not subject to CEQA. Mayor Hamik asked if there were any other side streets around El Paseo where the walkway was cut down to six feet. Mr. Greenwood answered yes, on the north side of El Paseo, and east side of Lupine Lane where the sidewalk narrows to six feet wide, but it also dead ends, stating it was behind the Office Max building. Mayor Hamik said she loved outdoor dining, but she was concerned about cutting a right-of-way down to six feet. Councilmember Weber said the Architectural Review Commission didn't have any problems with the proposed project. Mr. Swartz clarified ARC didn't have a problem with the overall design, but they did have questions on whether the railing and planters would be 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 permanent. Therefore, the ARC continued the item for the Applicant to make a decision. He noted the Applicant was available to answer questions. Councilman Spiegel asked if it would be appropriate for this item to go back to ARC. Mr. Swartz explained the project will go back to ARC for the actual design, but staff brought It to the City Council for approval of the six-foot outdoor dining area. If it's not approved, the Applicant will have to come up with a new design. Councilman Tanner asked what was the clearance for the sidewalk across the street, between the planter and the curb, where the Slack Shoppe used to be. He said typically palm tree boxes are 18 inches, and he would like two people to be able to walk on the sidewalk without being on the street, stating he wasn't sure that could be achieved on such a busy street like Larkspur Lane. Responding to question about the removal of the palm tree, Mr. Greenwood said staff would be okay with removing the palm tree if that was the desire of the City Council. Councilman Spiegel said if the palm tree is removed, it would give people the ability, as Councilman Tanner suggested, to walk together down the sidewalk. Mr. Swartz pointed out the Applicant is not proposing to place the table in back of the palm tree. Additionally, a table can be eliminated to make it work. Mayor Pro Tem Benson said it would be helpful to go out to the site, because it was hard to visualize and gauge the space. She said everyone in that parking lot is going into Beaux -Art, and it's always busy, because it's a very successful restaurant. She said people should have enough space to be able to walk side by side and/or allow somebody like herself with a walker and someone else to fit. She reiterated Councilmembers should go out there to visually look at the space before making a decision. Mr. Wohlmuth said staff can provide some of the clearance dimensions on the side streets, because staff didn't investigate it during the El Paseo Design Guidelines process. He said the information can be done by December. Additionally, the Guidelines on El Paseo do not allow the removal of the tree, but relocation of it. Councilman Spiegel moved to continue this item to the meeting of December 12, 2013. Motion was seconded by Weber. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 0111 Mayor Pro Tem Benson asked if staff will arrange a field trip for the Council to go out and see the sidewalk space. oil Mr. Swartz asked if the Council would like the Applicant to install a temporary rail at the six-foot point. Mayor Pro Tem Benson replied a rail was not necessary, but she did want some form of markings on the location of the tables, rail, and the walkway. Mayor Hamik called for the vote, and the motion carried by a 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT TO CORA CONSTRUCTORS, INC., IN THE AMOUNT OF $76,000 FOR CONSTRUCTION OF THE SAN PASCUAL CHANNEL ACCESS RAMP (CONTRACT NO. C33100, PROJECT NO. 518-13). Mr. Greenwood stated the San Pascual Channel lied directly east on the east border of Civic Center Park. He said when the Channel was built in the 1980's, it didn't include an access ramp for equipment to get in for cleaning. Additionally, the current water quality regulations requires the City to go in there frequently, about every two months, and the conditions are not as safe as they should be. Therefore, this contract is to build a service access ramp so that the equipment and personnel can get in there safely. Responding to question, he confirmed the vendor is local. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract for Construction of the San Pascual Channel Access Ramp Project to Cora Constructors, Inc., Palm Desert, Califomia, in the amount of $76,000; 2) authorize the Director of Finance to set aside a 10% contingency in the amount of $7,600; 3) authorize the Mayor to execute the contract — funds are available for the project in the Drainage Facility Account, No. 232-4383-433-4001 - no General Funds will be used. Motion was seconded by Benson and carried by a 5-0 vote. C. REQUEST FOR AUTHORIZATION FOR CITY MANAGER TO ENGAGE CONTRACT BUILDING INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $40,000 AND TO EXECUTE A CONTRACT WITH A TEMPORARY STAFFING SERVICES AGENCY TO PROVIDE SAID SERVICES (CONTRACT NO. C33150). Councilman Spiegel asked what was this year's total valuation compared to last years. Mr. Wohlmuth replied it was about $40 million. Mayor Hamik stated she received some calls regarding the need for more inspections; therefore, she thought it was a great idea. IWO 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 Councilmember Weber questioned the City's need to expand its services with Wildan's. Mr. Grance replied the City currently has a contract with three different firms for Plan Review & Inspection Services, and Wildan is one of those vendors. Mr. Wohlmuth added that when the City went out to bid, it was primarily for plan check services where the plans are checked, commented on, and the architect/contractor redesigns or modifies the plans, yet for the first time in the past three or four years the City used the inspection services. Historically, the City's response time for inspection services was 24 hours, unless there were exceptional issues with staff being out sick. He said inspectors are now doing about 22 inspections a day and it should be Tess. At one point, inspections were up 40 to 50 requests per day per inspector, which postponed inspections to day four, day five, and up to day seven. By utilizing Wildan's services for an inspector, it provided the City an immediate remedy to get the time frame down from seven days to two days. However, there are two issues with this plan, one is that the City will go over budget, but it can be addressed at midyear because the City is actually receiving the fees for the inspection services; there will be excess revenue for the fees collected. Secondly, this was not the most cost-effective way to have temporary services, but in the meantime, before hiring or considering other options, it will allow the City to negotiate a contract with a less expensive contractor than Wildan, which is what staff will attempt to do. Councilman Spiegel moved to, by Minute Motion: 1) Authorize the City Manager to engage Building Inspection Services in an amount not to exceed $40,000; 2) authorize the City Manager to execute a contract with a temporary staffing service agency to provide said services — approval will result in increased contract services in Account No. 110-4420-422-3010; however, cost for services is recoupable through Plan Check and Permit Fees collected for projects. Councilman Tanner asked what $40,000 will buy the City. Mr. Grance replied that under the current contract and current rate with Wildan, it will cover three to four months. Councilman Tanner seconded the motion, and it carried by a 5-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 D. REQUEST FOR APPROVAL OF THE PURCHASE OF TWO, NEW 2013 BMW - R1200 RT-P MOTORCYCLES AND EMERGENCY EQUIPMENT FROM BMW MOTORCYCLES OF RIVERSIDE IN THE AMOUNT OF $63,373.56. Mr. Aryan said this item was for the purchase of two BMW motor vehicles to replace the existing 2004 models. This replacement was in Tine with the replacement schedule approved by the City Council last year. He noted the Public Safety Commission reviewed this item and unanimously recommended approval. Councilman Spiegel moved to by Minute Motion: 1) Approve the purchase of two, new 2013 BMW R1200 RT-P Motorcycles and emergency equipment from BMW Motorcycles of Riverside in the amount of $63,373.56; 2) appropriate $63,373.56 from Equipment Replacement Fund 530 for said purchase. Motion was seconded by Weber and carried by a 5-0 vote. E. REQUEST FOR ACCEPTANCE OF CALCOPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING (SLESF) FOR FISCAL YEAR 2013-2014. Mr. Aryan stated this was for the annual approval of the expenditure plan for these funds. He said approximately $40,000 went toward the Holiday Theft Suppression Program, and the remaining amount went toward equipment and supplies. Councilman Spiegel pointed out this item was unanimously recommended and approved by the Public Safety Commission. Councilman Spiegel moved to, by Minute Motion, approve the CalCOPS Supplemental Law Enforcement Services Funding (SLESF) Expenditure Plan, as provided by the Chief of Police, for expenditure of a $100,000 grant award to cover the costs for the 2013 Holiday Theft Suppression Program and miscellaneous equipment, services, and supplies to support front-line law enforcement services. Motion was seconded by Weber and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF THE UTILIZATION OF A MOUNTED POSSE FOR ADDITIONAL PATROL OF THE WESTFIELD PALM DESERT MALL DURING THE 2013 HOLIDAY SEASON. Mr. Aryan stated this item was unanimously recommended for approval by the Public Safety Commission. He said utilization of a mounted posse helped to supplement the City's services through the Holiday Theft Suppression Program at Westfield. In lieu of using patrol officers at the cost of $6,000, the donation of the posse is only $1,000, stating the mounted 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 posse provided the benefit of visibility for the volunteer and the public, because they are more noticeable being up high on horses. Councilman Spiegel commented the Police Chief mentioned Westfield liked the posse. Mr. Aryan added he knew police staff was in contact with Westfield and they are both behind the program. Councilman Spiegel moved to, by Minute Motion, authorize: 1) Palm Desert Police Department to utilize the Riverside County Sheriff's Mounted Posse (Cabazon Station) during the 2013 Holiday Season to patrol the Westfield Palm Desert Mall; 2) donation of $1,000 from the SLESF CalCOPS Account, No. 229-4210-422-3914 to fund a mounted posse patrol as part of the 2013 Holiday Theft Suppression Program. Mayor Hamik stated she loved seeing them last year in the parking lot. Councilman Tanner inquired about the donation of the $1,000 for the posse versus the $6,400 for the cost of police services. Mr. Aryan explained the amounts mentioned in the staff report was staffs estimate for providing patrol officers in lieu of the mounted posse. Mr. Wohlmuth clarified the $6,400 amount was a comparison and not an additional cost to the $1,000 for the posse. Councilman Tanner seconded the motion and it carried by a 5-0 vote. G. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE HOUSING COST ASSOCIATED WITH A DIRECT SALE IN DESERT ROSE (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Management Analyst Jessica Gonzales stated this request is to approve a down payment assistance loan to a qualified low or moderate income buyer in a direct sale of the property located at 43-930 Blueberry Lane (APN 640-140-019), in order to ensure an affordable closing cost. Councilman/Member Spiegel moved to, by Minute Motion: 1) Approve a silent down payment assistance loan associated with a direct sale in Desert Rose, not to exceed 40% of the sales price of the home to ensure an affordable housing cost pursuant to California Health and Safety Code Section 50052.5, for a qualified low- or moderate -income household from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation); 2) authorize 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 the use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize the Mayor to execute; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Authority Chairman and/or the Authority's Executive Director or his designee to finalize and execute any ancillary documents necessary to effectuate the actions taken herewith — monies are available in the appropriate account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund. Motion was seconded by Tanner and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. CONSIDERATION OF THE ESTABLISHMENT OF A HOTEL AND SIGNATURE EVENTS COMMITTEE. Mr. Wohlmuth stated at the October 10 City Council Meeting he brought forward a concept to create a hotel and event committee to address the attraction expansion and future funding decisions for hotels as well as planning for special events, now identified as signature events in the staff report. The Council indicated they liked the concept but wanted to make sure there was a place for a Chamber of Commerce representative or an El Paseo merchant. He worked with staff members that included Ryan Stendell, Lauri Alyalan, and others on how this committee can be effective for Palm Desert. Staff has identified the membership and the resolution, and it is seeking Council's approval. Councilman Spiegel asked if there was any reason why it couldn't include both a member from The Living Desert and the McCallum Theatre. Mr. Wohlmuth replied staff was seeking to have nine members, which was on a high end for an effective committee. Councilman Spiegel said perhaps more members may provide additional ideas. He asked if the owner of Cinemas Palme d'Or would be willing to serve. Mr. Wohlmuth replied he had not asked any individual if they were willing to serve or not, because the idea was to have a committee to assist the City with hotels and events. If Council would like eleven members, the resolution can be modified. Councilman Spiegel said he would be in favor of eleven members, because the director of The Living Desert and McCallum Theatre, and the owner of 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 Palme d'Or helped run the City; he said they can be a big help with special events. Councilman Tanner said he was inclined to agree with having eleven members as suggested by Councilman Spiegel to avoid having a tie vote. Mayor Hamik stated that with respect to committee membership qualifications, it includes two general managers for hotels under 100 rooms, which only qualified five hotels. She wondered if the number could be raised to 130, to allow five more hotels to qualify under that category. Responding to question, she said there are nine hotels that qualified under the category of more than 100 rooms. Councilman Spiegel said he thought it was a good idea. Councilman Tanner pointed out the membership allowed for four members out of the possiblel4 hotels, adding that if the City was not being well represented, the Council can always make changes. Mayor Hamik questioned how the membership would be determined if all three, The Living Desert, McCallum Theatre, and Palme d'Or are considered, She suggested making the language Tess specific in this category. Councilman Spiegel noted that people may turn down the invitation to serve on the committee. Mayor Pro Tem Benson said she couldn't see the purpose of having representatives from The Living Desert or the McCallum, because if anyone in this committee came up with some event that included them, the City wouldn't necessarily ask if they want to participate, as they would be in the mix anyway. She said The Living Desert and the McCallum have a vigorous program, and she didn't think they need to be on this committee to decide what kinds of things it needed to bring into the City. Councilman Spiegel said he believed The Living Desert and McCallum Theatre may have ideas on how to bring people to the City. He recalled John Wohlmuth mentioning having a concert series at Desert Willow and when he talked to The Living Desert, he teamed they were thinking about doing the same thing, so it would be best to allow them to do it. Mayor Pro Tem Benson suggested having presentations be made to the committee about ideas, but not necessarily making those organizations a part of the overall committee. Councilman Spiegel stated that as an example, most of the major cities surrounding Palm Desert have a speaking series, Rancho Mirage, Indian 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 Wells, La Quinta, yet Palm Desert didn't. However, Palm Desert has the McCallum Theatre, and if they blocked four nights next year for a speaker series where important people can be brought into Palm Desert, they would need to be part of the committee to say whether or not it was a good idea. Councilmember Weber asked for clarification on the membership. Mr. Wohlmuth suggested asking for a representative from The Living Desert and the McCallum Theatre, but not a representative from Palme d'Or. He said if the Chamber of Commerce's representative happened to be Paime d'Or that would be fine, but the City needs to allow the Chamber decide who will represent them. He viewed the membership including a representative from The Living Desert, the McCallum Theatre, and a representative at -large from the Tourism and Hospitality Industry Professional, and the Chamber of Commerce. He said the Chamber of Commerce can decide if their representative is an El Paseo Merchant, Palme d'Or, or Westfield Mall. He said his total membership added up to eleven. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2013 - 63, establishing an advisory committee to the City Council known as the Hotel and Signature Events Committee, as amended to increase membership to a total of 11, with representatives to be appointed from each The Living Desert and McCallum Theatre, and from the Palm Desert Area Chamber of Commerce and an At -large Tourism and Hospitality Industry professional. Motion was seconded by Weber and carried by a 5-0 vote. Councilman Spiegel asked who will be contacting the individuals. Mr. Wohlmuth replied that since it was close to the end of the year, he suggested he and the City Clerk work on getting a description out to them, and putting it together with the Council appointment process for the Committees & Commissions in the next month. Ms. Klassen stated that based on trying to get as many applicants for the existing standing 16 committee and commissions, staff will extend the deadline for receiving applications into December. She has asked that the notice be left on the City's website until December 15, 2013, and then staff will get the information to the Council, stating it can be a little slow drumming up business for these vacancies. She said it would probably be until January in order to give everyone time to apply. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 XVII. PUBLIC HEARINGS A. REQUEST FOR ADOPTION OF ORDINANCE NO. 1265 - AMENDING SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2013 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS. Mr. Grance noted this was the second reading of the Ordinance and also the public hearing for the adoption of the new Code. Responding to question, he confirmed the Ordinance was reviewed and approved by the Building Industry Association (BIA). Mayor Hamik declared the public hearing open and invited public testimony in FAVOR of or OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1265. Motion was seconded by Benson and carried by a 5-0 vote. B. REQUEST FOR ADOPTION OF RESOLUTION NO. 2013 - 64 - MAKING CERTAIN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66001 RELATIVE TO THE ANNUAL REPORT OF CALCULATION OF GOVERNMENT CODE SECTION 66006 - DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT. Mr. Gibson stated this was the annual report the City is required to do to show how the various fees collected are spent and determine whether over the five-year period of time if the fees were spent. He said the report was provided to the Desert Valleys Builders Associations (DVBA) as well as the County of Riverside; he said both were fine with the report. Mayor Hamik declared the public hearing open and invited public testimony in FAVOR of or OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Councilman Tanner moved to waive further reading and adopt Resolution No. 2013 - 64, making certain findings pursuant to Califomia Govemment Code Sections 66001 and 66006. Motion was seconded by Weber and carried by a 5-0 vote. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 XVIII. REPORTS AND REMARKS .r A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of October 14 - November 1, 2013. Mr. Wohlmuth offered to answer questions about the Meeting Summaries report in the agenda packets. With City Council concurrence, the Meeting Summaries were received and filed. 2. Sister City Ixtapa-Zihuatanejo. Mexico. Summary Report Mr. Wohlmuth distributed a copy of a memo he received from Palm Desert Sister Cities Foundation President Rose Mary Ortega, detailing the good work that Sister Cities did with Ixtapa-Zihuatanejo after the hurricane and the resulting devastation last month. He said the report identifies where funds were used to help those who lost their homes, property, food, etc. He felt this report shows that there was good accountability, both from the Palm Desert Sister Cities Foundation and from the Ixtapa-Zihuatanejo representatives to ensure funds were spent on those in need. He offered to answer questions, noting that Mrs. Ortega was also in the audience today. Councilmembers received and filed the report. 3. Holiday Lighting Mr. Wohlmuth reported that the City's holiday lights are up. Mr. Aryan said the lighting company has turned on the lights in various areas while they're being tested. He stated that as early as tomorrow or within the following couple of days the installation should be completed and the lights turned on. He added that if Councilmembers notice any that are out, to let him know, because he has a 24- to 48-hour turnaround with the contractor. Mayor Hamik said she'd seen the contractor out working the other night with some of the lights on and felt they'd done a wonderful job; El Paseo was particularly beautiful. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 .. 4. Council Reorganization / Committee -Commission Assignments 11. Mr. Wohlmuth observed that at the next Council Meeting on December 12, it would be time for the annual Mayoral Rotation. While a partial answer had been provided earlier in today's meeting, he was going to ask if Councilmembers wanted to consider their intemal and external Committee -Commission assignments; but it sounded as though this activity would be held until January. Ms. Klassen responded that the Council's consideration of appointing residents and community members to the City's standing Committees and Commissions would be conducted in January, but she thought Mr. Wohlmuth was referring here to the Council's assignments to various legislative bodies. Upon question by Mr. Wohlmuth, the response was to wait until January for the Council's assignments. Mr. Wohlmuth added that there were a couple of the existing assignments that would need to remain the same, such as the CVAG Executive Committee due to current Mayor Hamik's serving as Vice Chair there and being in line to become Chair there in late June, and Councilman Spiegel's service on the SunUne Transit Agency Board, where it was reported that he was recently appointed Vice Chair for the coming year. Ms. Klassen pointed out that Councilmembers each have a list of their current intemal and extemal Committee -Commission assignments on the inside covers of their agenda packet portfolios that are provided containing the agenda for each Council meeting. Councilmembers concurred that it would be best to let the new Mayor coordinate the Council Committee -Commission assignments review, and doing so in January would be appropriate. B. CITY ATTORNEY None C. CITY CLERK 1. Reminds of Cancellation of Next Regular City Council Meeting - Thursday, November 28, 2013, for Observance of the Thanksgiving Holiday; and Request for Discussion Regarding Regular City Council Meeting Scheduled for Thursday, December 26, 2013. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 Ms. Klassen noted that two weeks from today was the Thanksgiving Holiday, and the regular Council Meeting would be canceled. She then asked for Councilmembers' direction about how to handle the second regular meeting date in December, which this year occurs on December 26. She said traditionally City Council has canceled the second regular meeting in December. With Council concurrence, staff was directed to cancel the regular City Council Meeting scheduled for Thursday, December 26, in observance of the holiday season. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: None 2. City Council Consideration of Travel Requests and Reports: None 3. City Council Committee Reports: a) CVAG Energy & Environmental Resources Committee — Councilman Tanner said he'd attended the CVAG Meeting earlier today, and the single -use bags ban came up. He acknowledged Palm Deserts 3-2 vote on the matter at its meeting, adding that the concem at CVAG was about the State adopting the same type of ban. Councilman Spiegel responded that he felt it would be great if the ban was adopted as State legislation. In response to Councilman Tanner's question about the status of the Statewide ban, Mr. Aryan answered that there were two State bills being considered currently. He said the one that has the most momentum and is supported by the Califomia Grocers and Retailers 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 Association is SB 405 (Padilla), which appeared as Item K under Section X - Consent Calendar on this meeting's agenda earlier, and Council approved sending a letter of support. He added that the bill's author, Senator Padilla, indicated he was willing to bring that bill back as part of the two-year session and move it forward on the next Legislative calendar. Mayor Hamik observed that there are currently 90 communities (cities and counties) Statewide that have already adopted such an ordinance. So it was just a matter of time before Sacramento jumped in, and she felt it was wise to be prepared for this eventuality with the opportunity that is currently available. 4. City Council Comments: a) League of Califomia Cities' Legislative Update Webinar — Councilman Spiegel stated that he, Councilmember Weber, and a few staff members participated in this webinar event at City Hall that was coordinated by Mr. Aryan. He said all of the new State bills that were either signed into law or are being contemplated in the second year of the two-year legislative calendar were discussed. He said one of those was the ban on all single -use plastic bags throughout the State, which he felt would be a good thing. Additionally, money was going to come available for After -school Programs , and he hoped some of that could be allocated to Palm Desert to supplement the City's contributions; there was also money for Art In Public Places, and he felt there were a lot of good things coming up in January. Further, he said there was also money for scholarships to Cal State, and Mr. Aryan had contacted Palm Desert's Dean Fred Jandt about it. b) 2013 Palm Desert ATHENA Awards— Mayor Hamik noted that the event on October 30 was wonderful, and she thanked Mayor Pro Tem Benson for originally bringing the idea to the City. c) 2013 Golf Cart Parade — Mayor Hamik thanked everyone involved with putting on this year's very successful event and her colleagues all for participating on Sunday, October 27. d) Mobility 21 — Mayor Hamik said she attended this conference, having to do with transportation and infrastructure in Southem Califomia and how it affects the Coachella Valley and Palm Desert. There was a lot of great information provided. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013 e) First “FIRST WEEKend Palm Desert" - Mayor Hamik called attention to the City's holding a ribbon cutting for the inaugural FIRST WEEKend on November 1. She remarked it appeared that this was going to be a really wonderful and successful event for the City going forward and was sure to grow. f) Ribbon Cuttings in the City — Mayor Hamik reported that recent Ribbon Cutting events were held at the new Dick's Sporting Goods and at the PGA Tour Superstore. g) palm Desert Charter Middle School Fund-raiser — Mayor Hamik said she attended the bake sale fund-raiser given by the school's Club LIVE to help raise money for the Lincoln Elementary School student who was severely injured in the tragic accident on the playground there on October 23. She said it was amazing and inspirational to see these young people raise just over $13,000 for the student and his family. 5. Suggested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Councilman Spiegel and unanimous Council concurrence, Mayor Hamik adjoumed the meeting at 5:13 p.m. ATTEST: RA a ELLE D. Kan -EN, - CLERK' CITY OF PALM DESERT, CALIFORNIA AN C. HARNIK, MAYOR 24