HomeMy WebLinkAbout2014-12-11MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, DECEMBER 11, 2014
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Tanner convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilmember Jan C. Harnik
Councilman Robert A. Spiegel
Mayor Pro Tem Susan Marie Weber
Mayor Van G. Tanner
Present at 4:00 p.m. Reconvening:
Councilman -elect Sabby Jonathan
Also Present:
John M. Wohlmuth, City Manager
David J. Erwin, City Attorney
Rudy P. Acosta, Assistant City Manager
Rachelle D. Klassen, City Clerk
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
Martin Alvarez, Director of Economic Development
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
Stephen Y. Aryan, Risk Manager
Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 74719 King Fisher Circle (APN 624-440-027),
Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Jerry White and Diana M. Corica
Under Negotiation: x Price x Terms of Payment
2) Property: 75434 Wildflower Lane (APN 634-061-008),
Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Cassandre M. Clarke
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d)(1):
1) WNRA Palm Desert 103, LP, v. City of Palm Desert, et al., Riverside
County Superior Court, Case No. PSC 1400549
C. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
Number of potential cases: 2
Mr. Erwin asked City Councilmembers to consider adding an item of Property
Negotiation to the Closed Session, which had presented itself following posting of
this agenda, pursuant to Government Code Section 54956.8, as follows:
3) Property: 72840 Highway 111, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/City of Palm Desert
Property Owner: Westfield, LLC
Under Negotiation: x Price x Terms of Payment
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
Upon a motion by Spiegel, second by Hamik, and 5-0 vote of the City Council
(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None), Property Negotiation
Item No. 3 was added to the Closed Session agenda.
With City Council concurrence, Mayor Tanner adjourned the meeting to Closed
Session at 3:01 p.m. He reconvened the meeting at 4:04 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Erwin reported that in the Closed Session just ended, City Council
authorized the City Manager to execute an Estoppel Letter with regard to the
parking structures at the Westfield Shopping Mall, 5-0 (AYES: Benson,
Harnik, Spiegel, Weber, and Tanner; NOES: None).
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member
Roman Bloch
NATIONAL ANTHEM - Palm Desert High School Band
VII. INVOCATION - Councilman Robert A. Spiegel
VIII. ORAL COMMUNICATIONS - B
MR. MATT & MRS. MARY ANN MONICA, Peppergrass Street, Palm Desert,
expressed sincere thanks to Mayor Tanner for his service this past year and
congratulated Councilmember Hamik on her re-election, Councilman -elect Jonathan
for his election, incoming Mayor Weber, and thanked Councilman Spiegel for all his
service this past year. They went on to express sincere gratitude to Councilmember
Benson for her more than 32 years of service and wished her well as she goes off
the City Council today, adding how proud they were to be longtime residents of
Palm Desert. Lastly, he noted that he and the former late Councilman Dick Kelly
had discussed coming up with a nickname for Palm Desert, for which he had
suggested "The Flagship City," hoping it would be considered in the future and
offered to assist with such an endeavor if it ever came to pass.
MS. NIKOHL VANDEL, Desert Hot Springs, CA, related that she'd been in Riverside
over the past weekend when someone ran their car into a bunch of children who
were exercising their rights to be Americans there, and it was so very unacceptable
for this to happen. She also referenced the protests taking place throughout the
country in response to the Michael Brown and Eric Garner incidents in Missouri and
New York, respectively. She again commended the City Council for earlier this fall
proclaiming Constitution Week and for adopting a resolution to denounce bullying
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in the workplace, relating her own experiences with bullying in other City Halls when
she tried to speak up on issues. Today she congratulated the City Council for the
resolution to adopt the 7`h Marine Regiment, 1st Marine Division, hoping the
Palm Desert community would take it to heart, because she sees a lot of veterans
when she works with Well In the Desert. She supported Pickleball players and
thought it was a good proposal upcoming on the agenda, but contrasted this with
the fact that no one was paying attention to the nuclear power plant melting into the
ocean in Southern California. Lastly, with regard to Section XVI - Public Hearings,
Item A - DUI Vehicle Impound Cost Recovery Fee, she didn't like the document
stops, because she believed they were highly unconstitutional.
MS. WENDY JONATHAN, Palm Desert, President of the Desert Sands Unified
School District Board, congratulated both Councilmember Harnik and Mr. Jonathan
for their election to the City Council. She thanked Councilmember Benson for her
tremendous support of the schools; it was deeply appreciated and went on to
express sincerest gratitude to the City Council for all its continued support of the
schools. She noted that Palm Desert was the most supportive of all Coachella
Valley Cities in this regard, which ensured our youth get the best possible
education.
DR. SHARON BROWN-WELTY, Dean of the Cal State San Bernardino
Palm Desert Campus, wanted to recognize the forward -thinking and action taken
by Councilmember Jean Benson in 1994. She went on to remark that while
Councilmember Benson has had a distinguished career, she forever changed the
Coachella Valley by voting for the land transfer that would provide for CSUSB to
create the Palm Desert Campus. Creation of this campus will have long-term
impact because it will allow thousands of students now and in the future to obtain
their degrees here and, hopefully, to stay and work in the Coachella Valley. On
behalf of the only public four-year university in the Coachella Valley thanks to
Councilmember Benson, Dr. Brown -Welty was honored to present her with a
CSUSB Palm Desert Founder's Medallion.
THE HONORABLE JOHN J. BENOIT, Fourth District, Riverside County Board of
Supervisors, first thanked Councilman Spiegel for the time he took to spend with the
Supervisor's daughter when she was in high school and shadowed the Councilman
for a day. He said the impact was great, as she was now working for a
Congressman, and he said it was one small day in a lifetime of the Councilman's
years of service to the community. He went on to express gratitude to
Councilmember Benson, noting the proclamation that was presented to her at a
farewell event held in her honor in October, again thanking her on behalf of
Riverside County and as a former longtime resident of Palm Desert for her many
years of public service on this Council. He agreed that the University Campus was
a huge gift to all of the residents, the kids, and the future of the community. He
congratulated incoming Mayor Susan Marie Weber, recently re-elected
Councilmember Harnik and Councilman -elect Jonathan, and said how much he
appreciated the great relationship the County has with the City of Palm Desert.
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IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON
PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER
ROMAN BLOCH.
Member Bloch reported that on November 18, the Anti -bullying
Subcommittee went to Carter Elementary After School to present and
interact with students about the dangers of bullying and ways to avoid it. It
was the second event at this school and went very well, with lots of great
questions asked and personal experiences shared. On Friday, December 5,
various Committee Members volunteered to assist with the City's Annual
Wreath -lighting Ceremony, which once again, as in years' past, went very
well. Finally, on December 15, the Youth Committee will be hosting a
Holiday Party at Lincoln Elementary where students will make ornaments,
play games, and dance to celebrate the holiday season. He said they will
also be hosting and volunteering at many more events this year, and he
thanked the City of Palm Desert for letting the Committee put on these
events and wished Council well in the rest of today's meeting.
With City Council concurrence, Mayor Tanner suspended the agenda at this
point in the meeting and took up Section XIV - New Business, Items A and B -
Declaration of Results of the 2014 Palm Desert General Municipal Election,
Installation of Officers and Annual Mayoral Rotation, followed by a recess
from 4:54 p.m. - 5:05 p.m.
Following the reorganization, remainder of the agenda was considered as
listed, with roster for the coming year, as follows: Mayor Susan Marie Weber,
Mayor Pro Tem Robert A. Spiegel, Councilmembers Jan C. Harnik,
Sabby Jonathan, and Van G. Tanner.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of November 13 and
November 27, 2014.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 112, 113, 118, 123, 124, 128, and 129.
Rec: Approve as presented.
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C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of
October 2014 (Joint Consideration with the Successor Agency to the
Palm Desert Redevelopment Agency).
Rec: Receive and file.
D. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Audit, Investment & Finance Committee Meeting of October 28, 2014.
2. Library Promotion Committee Meeting of April 16, 2014.
3. Marketing Committee Meeting of August 19, 2014.
4. Parks & Recreation Commission Meeting of September 2, 2014.
5. Public Safety Commission Meeting of October 8, 2014.
6. Youth Committee Meeting of November 3, 2014.
Rec: Receive and file.
E. LETTER OF RESIGNATION from Christopher M. Thomas — Parks &
Recreation Commission.
Rec: Receive with very sincere regret.
F. REQUEST FOR ADOPTION of Resolution, Supporting the City's FY 2014
State Homeland Security Grant Program Application, and Related Actions.
Rec: 1) Waive further reading and adopt Resolution No. 2014 - 96,
supporting the City's FY 2014 State Homeland Security Grant
Program Application, and related actions.
2) By Minute Motion: a) Appropriate $8,869 from the Unobligated
General Fund Account and transfer to Account
No. 110-4130-411-3090 for this purpose; b) authorize the City
Manager to execute any required Grant documentation.
G. REQUEST FOR AUTHORIZATION to Exercise the First of Two, One-year
Extensions to Contract with Staples, Inc., for Procurement of General Office
Supplies for the City of Palm Desert (Contract No. C33141).
Rec: By Minute Motion, authorize the first of two, one-year extensions to
the subject contract with Staples, Inc., effective November 15, 2014,
for the procurement of general office supplies for the City of
Palm Desert.
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H. REQUEST FOR AUTHORIZATION to Award Contract to Desert Air
Conditioning, Inc., for Parkview Office Complex H.V.A.C. Maintenance and
Repair Services (Contract No. C34070, Finance RFP No. 2014-6).
Rec: By Minute Motion, authorize award of the subject contract to Desert
Air Conditioning, Inc., Palm Springs, California, for quarterly
maintenance service on all H.V.A.C. units at the Parkview Office
Complex — funds are budgeted in Account No. 510-4195-495-3310.
I. REQUEST FOR ADOPTION of Categorical Exemption and Filing of Notice
of Exemption for the Portola Avenue Free Right Tum Project (Project
No. 633-07).
Rec: By Minute Motion, adopt the Categorical Exemption for the Portola
Avenue Free Right Tum Project and authorize the Director of Public
Works to execute and file the Notice of Exemption with the
County Clerk — funds for the $50 filing fee are available in Account
No. 400-4438-433-4001 - Portola Wall and Sidewalk Capital Outlay.
J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C33360 —
Landscaping of Monterey Avenue Medians from Country Club Drive to
Dick Kelly Drive (Project No. 965-11) (Conserve Landcare, Inc.,
Thousand Palms, CA).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C33420 —
Frank Sinatra Drive Cold In -place Recycling Project (Project No. 752-14)
(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.
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L. REQUEST FOR RATIFICATION of City Manager's Authorization for
Additional Expenditures, Approval of Change Order No. 1, and Acceptance
of Work for Contract No. C33530 — Deconstruction of Improvements for the
Apartment Complex at 45330 Ocotillo Drive and Four Single-family Homes
at 43845, 43878, 43895, and 43915 Portola Avenue (Project No. 633-07)
(5M Contracting, Inc., Tustin, CA).
Rec: By Minute Motion: 1) Ratify the City Manager's authorization for
additional expenditures and approve Change Order No. 1 in the
amount of $12,849.50 to the subject contract for Deconstruction of
Four Single-family Homes; 2) authorize the transfer of $12,849.50
from contingency to base for the contract; 3) authorize the Mayor to
execute Change Order No. 1; 4) accept the work as complete and
authorize the City Clerk to file a Notice of Completion for the subject
project — funds are available in Account No. 400-4438-433-4001 -
Portola Wall and Sidewalk Capital Outlay.
M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C33660 —
2015 Street Resurfacing Project (Project No. 752-15) (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.
N. REQUEST FOR RATIFICATION of City Manager's Authorization for
Additional Costs and Approval of Change Order No. 1 for Contract
No. C33860 — Civic Center Shade Structure Replacement Project (Project
No. 725-15) (Creative Contractors Corp, Rancho Santa Margarita, CA).
Rec: By Minute Motion: 1) Ratify the City Manager's authorization for
additional costs and approve Change Order No. 1 in the amount of
$5,821.58 to the subject contract; 2) authorize the transfer of
$5,821.58 from contingency to base for the project; 3) authorize the
Mayor to execute Change Order No. 1 — funds are available in the
Civic Center Park Fund, Account No. 233-4674-454-4001.
Councilman Jonathan asked that Item A and J be removed for
separate action under Section XI, Consent Items Held Over.
Upon a motion by Tanner, second by Hamik, and 5-0 vote of the City Council, the
remainder of the Consent Calendar was approved as presented (AYES: Hamik, Jonathan,
Spiegel, Tanner, and Weber; NOES: None).
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XI. CONSENT ITEMS HELD OVER
A. MINUTES of the Regular City Council Meetings of November 13 and
November 27, 2014.
Mayor Pro Tem Spiegel moved to, by Minute Motion, approve the Regular City
Council Minutes of November 13 and November 27, 2014, as presented. Motion was
seconded by Harnik and carried by a 4-0-1 vote (AYES: Hamik, Spiegel, Tanner, and
Weber; NOES: None; ABSTAINING: Jonathan).
J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C33360 —
Landscaping of Monterey Avenue Medians from Country Club Drive to
Dick Kelly Drive (Project No. 965-11) (Conserve Landcare, Inc.,
Thousand Palms, CA).
Councilman Tanner moved to, by Minute Motion, accept the work as complete and
authorize the City Clerk to file a Notice of Completion for the subject project. Motion was
seconded by Spiegel and carried by a 4-0-1 vote (AYES: Hamik, Spiegel, Tanner, and
Weber; NOES: None; ABSTAINING: Jonathan).
XII. RESOLUTIONS
A. RESOLUTION NO. 2014 - 97 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE
7TH MARINE REGIMENT, 1ST MARINE DIVISION, MARINE CORPS AIR
GROUND COMBAT CENTER AT 29 PALMS, CALIFORNIA.
Tourism & Marketing Manager Donna Gomez stated this item was a request
for approval of the proposed Resolution to adopt the 7" Marine Regiment,
1st Marine Division, of the Marine Corps Air Ground Combat Center at 29
Palms, Califomia. Adoption of the regiment would include supporting the
current efforts of the Desert Cities Mitchell Paige Medal of Honor Chapter,
1st Marine Division Association, which includes the following projects that the
Association already undertakes: Providing holiday meals for families at 29
Palms; collection of toys for enlisted Marines and their children during the
holidays; assisting with existing events and activities such as supporting the
Marines when they are being deployed overseas and welcoming them back
home. She said it will be important for the City to share this relationship with
the community and residents; therefore, staff will outreach to residents to
inform them of the opportunities that will be developed over the years for
them to help and assist with this relationship. In attendance to support this
relationship are Colonel Jay Bargeron, Lt. Colonel Jared Spurlock, and
Sergeant Major Rodney Lane from the United States Marine Corps, 7`h
Marine Regiment. Additionally, the group that requested the City adopts the
7th Marine Regiment are the Officers, Directors, and Members of the 1st
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Marine Division Association, Desert Cities Mitchell Paige Chapter. She said
this group was in attendance to support the request, and they are as follows:
Mr. George Stettier, President; Colonel Richard Partee, United States Marine
Corps Regiment (Retired) Vice President/Immediate Past President;
Mr. James Sullivan, Secretary/Treasurer/Past President; Mr. Bruno Takacs,
Sergeant at Arms; Mr. Robert Shepard, Director; Captain Quintin Villanueva,
United States Navy (Retired), Director/Past President; Mr. David Mourhess
and Mr. Charlie Garbarini, Members.
Councilman Tanner moved to waive further reading and adopt Resolution
No. 2014 - 97. Motion was seconded by Spiegel.
Councilmember Harnik stated this past Tuesday at the Chamber of
Commerce breakfast, Colonel Bargeron made a wonderful presentation,
which was informative and inspirational, stating it reminded everyone how
important these men and women are for what they do in order for everyone
to be able to exercise their freedom. She said there was so much potential
for building this relationship that she would like the high schools to become
more acquainted with this. She said she looked forward to the 29 Palms tour
in January.
Councilman Jonathan stated that considering what Marines did for everyone,
establishing this relationship was the very least the City could do. He
thanked the Marines for giving this City an opportunity to assist.
Mayor Weber said she was happy that so many officers were able to be in
attendance this evening, and she is very proud to be a part.
Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES:
Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None).
B. RESOLUTION NO. 2014 - 98 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL
SUBDIVISION MAP OF TRACT NO. 36554 (GHA Communities/Pearwood
Ventures, LLC, Applicant).
Councilman Tanner stated he would recuse himself from this item and left
the Council Chamber.
Mr. Greenwood stated this tract is located on the southwest corner of Portola
Avenue and Julie Lane, stating it was the final eight houses of a total of 32.
He said everything was in order and staff recommended approval.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution
No. 2014 - 98. Motion was seconded by Hamik and carried by a 4-0 vote (AYES: Hamik,
Jonathan, Spiegel, and Weber; NOES: None; ABSENT: Tanner).
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
C. RESOLUTION NO. 2014 - 99 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING PARCEL
MAP NO. 36776 (Sunlite Development, Applicant).
Mr. Greenwood stated this map is located within Ironwood Country Club; it's
subdividing a single 1-acre lot into two residential lots.
Councilmember Harnik moved to waive further reading and adopt Resolution
No. 2014 - 99. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Hamik,
Jonathan, Spiegel, Tanner, and Weber; NOES: None).
D. RESOLUTION NO. 2014 - 100 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND
ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT
TO THE POLITICAL REFORM ACT OF 1974.
Ms. Klassen stated that everytwo years the City must go through the Conflict
of Interest Code and make any statutory or other changes needed as is
required by the Political Reform Act in California. This particular year there
were none, but some of the positions were modified in the appendix,
specifically staff that makes recommendations to the Council. Additionally,
elected and appointed individuals are subject to the Conflict of Interest Code;
therefore, this document represented the modifications to be made.
Councilman Tanner moved to waive further reading and adopt Resolution
No. 2014 -100. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Spiegel, Tanner, and Weber; NOES: None).
E. RESOLUTION NO. 2014 -101 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE COACHELLA
VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN LOCAL
DEVELOPMENT MITIGATION FEE SCHEDULE APPLICABLE TO NEW
DEVELOPMENT WITHIN THE CITY OF PALM DESERT.
Principal Planner Tony Bagato stated adoption of the proposed Resolution will
reduce the current fee from the Habitat Conservation Plan due to the addition of
Desert Hot Springs becoming a permanent agency. Therefore, the percentage
will go down eight percent and it only applies to new construction. Funds will be
collected by the City with one percent retained for administrative costs, and the
remaining funds will be sent to Coachella Valley Association of Governments
(CVAG). Responding to question, he confirmed the fee will be cheaper for the
developer by eight percent.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution
No. 2014 - 101. Motion was seconded by Harnik and carried by a 5-0 vote.
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F RESOLUTION NO. 2014 - 102 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, CONSENTING TO THE
INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN
THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED
GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER
EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE, AND APPROVING THE AMENDMENT TO A
CERTAIN JOINT POWERS AGREEMENT RELATED THERETO WITH THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (CONTRACT
NO. C34080).
Principal Planner Tony Bagato explained the proposed Resolution will set
forth a program for Palm Desert resident called HERO, which stands for the
Home Energy Renovation Opportunity Program. It is a financing mechanism
that residents can use to take out a property assessment like a Mello-roos
Assessment for energy and water saving upgrades. He said there was no
fiscal impact to the City and it's voluntary to the residents.
Councilmember Harnik said this item was discussed and approved at the
Coachella Valley Association of Govemments (CVAG) Executive Committee
meeting. She said Ygrene was the first company in this position and original
discussions were very spirited, but it is felt the competition between both
companys' would make the programs better and the community will benefit.
She said it was good to see these programs moving forward.
Councilman Tanner shared that when the HERO Program was presented,
there were conditions it couldn't meet, but he applauds the efforts to revisit
this, and it is now approved. He agreed with Councilmember Harnik that
both programs will be that much better.
Councilmember Harnik moved to waive further reading and adopt Resolution
No. 2014 - 102. Motion was seconded by Tanner.
Councilman Jonathan said he understood a homeowner that elects to utilize
this financing mechanism will enter into an agreement, a fee will be attached
to their property tax bill; it won't be a separate monthly payment.
Mr. Bagato agreed, stating it will work like a Mello-roose on the property tax.
He said if a homeowner chooses to sell the property, the tax will carry on with
the home under the property tax to the new buyer.
Councilman Jonathan asked if once the assessment is paid off, will the
property tax come back down. Mr. Bagato answered yes.
Mayor Weber called for the vote and it carried by a 5-0 vote (AYES: Hamik,
Jonathan, Spiegel, Tanner, and Weber; NOES: None).
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G. RESOLUTION NO. 2014 -103 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE
SALTON SEA RESTORATION AND RENEWABLE ENERGY INITIATIVE.
Mayor Weber stated that due to an economic conflict of interest she will
recuse herself from this item and left the Council Chamber.
Assistant Planner Kevin Swartz stated staff recommended approval of the
proposed Resolution to support the Salton Sea Restoration and Renewable
Energy Initiative. He noted there was a representative from Imperial
Irrigation District to answer any questions.
Councilman Jonathan said there have been competing proposals to resolve
the Salton Sea issue, and this one is an attractive altemative. He asked
what can Palm Desert expect and when if the initiative is endorsed.
MR. PATRICK SWARTOUT, Public Affairs Officer with Imperial Irrigation
District (IID) recalled for the Council that earlier this year there was a piece
of legislation that focused on geothermal with SB1139, and although they
could get it through all the different processes, committees, and houses, the
Govemor said he wouldn't sign it so the bill was set aside. The reasoning is
that the Governor has a Climate Action Plan that is suppose to focus on
energy and it should be coming out within the next year. He said IID also
has a resolution and initiative before the Water Resources Board to ensure
the State of California is not backing away from trying to resolve the issue
with the Salton Sea, and this Resolution will help. He said any legislation that
comes up should be able to show all the entities that are supporting renewal
energy and the restoration of the Salton Sea. There is legislation right now
that says the State is on the hook for resolving the restoration of the Salton
Sea, they have different programs such as the $9 billion one, and they may
try to stick with that. He said IID is trying to do a private/public process
where it can get private entities to help resolve the issue, and one of them
was to allow geothermal to generate there, but without having someone take
that power was very difficult. At this time, IID has every city endorsing the
Initiative with the exception of Indian Wells, Palm Springs, and Desert Hot
Springs, but he's working on getting their resolutions and/or letters of
support.
Councilman Tanner stated that in reading through the report, this action has
no fiscal impact on the City, but it is an issue that needs to be dealt with at
this time.
Councilman Tanner moved to waive further reading and adopt Resolution
No. 2014 - 103. Motion was seconded by Jonathan and carried by a 4-0 vote (AYES:
Harnik, Jonathan, Tanner, and Spiegel; NOES: None; ABSENT: Weber).
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
XIII. ORDINANCES
A. For Introduction:
None
B. For Adoption:
1. ORDINANCE NO. 1277 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
AMENDMENTS TO THE PALM DESERT MUNICIPAL CODE
TITLE 5 - BUSINESS TAXES, LICENSES, AND REGULATIONS,
CHAPTER NOS. 5.87 AND 5.90, AND TO TITLE 25 - ZONING,
CHAPTER NOS. 25.16, 25.28, 25.34, AND 25.99, PERTAINING TO
THE REGULATION OF MASSAGE ESTABLISHMENTS BASED
UPON ASSEMBLY BILL 1147, Case No. ZOA 14-351 (City of
Palm Desert, Applicant).
Assistant Planner Kevin Swartz stated that on November 13, 2014,
the Council approved Ordinance No. 1277 to second reading. He
said no changes have been made to the Ordinance and staff
recommended approval.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance
No. 1277. Motion was seconded by Harnik.
Councilman Jonathan noted he watched and reviewed the video of
the November 13 meeting, and he felt qualified to vote on this item
and the next one on the agenda.
Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES:
Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None).
2. ORDINANCE NO. 1278 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO
PUBLIC (P) FOR A VACANT PROPERTY LOCATED AT
72565 HIGHWAY 111, ALSO KNOWN AS A.P.N. 640-370-016,
Case No. C/Z 14-190 (City of Palm Desert, Applicant).
Ms. Aylaian said this was the second reading of the proposed
Ordinance. Responding to question, she confirmed the first reading
was approved unanimously.
Councilmember Hamik moved to waive further reading and adopt Ordinance
No. 1278. Motion was seconded by Spiegel.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
Councilman Jonathan asked for clarification on whether this was
strictly a change of zone and it didn't bind the City to a specific
development.
Ms. Aylaian confirmed it did not bind the City, stating any future
development will have to go through the whole approval process.
Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES:
Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None).
XIV. NEW BUSINESS
* NOTE: SECTION XIV - NEW BUSINESS, ITEMS A AND B, THE
FIRST ITEMS OF BUSINESS AT THE RECONVENING OF THE
REGULAR MEETINGS AT 4:00 P.M.
A. DECLARATION OF RESULTS OF THE 2014 PALM DESERT GENERAL
MUNICIPAL ELECTION CONDUCTED IN THE CITY ON TUESDAY,
NOVEMBER 4.
Councilmember Hamik moved to waive further reading and adopt Resolution
No. 2014 - 104, reciting the fact of the General Municipal Election held on Tuesday,
November 4, 2014, declaring the result and such other matters as provided by law. Motion
was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel,
Weber, and Tanner; NOES: None).
B. ACTIONS RELATED TO INSTALLATION OF NEWLY ELECTED
COUNCILMEMBERS AND ANNUAL MAYORAL ROTATION.
1. Presentation to Outgoing Councilmember Jean M. Benson by
Mayor Van G. Tanner.
Mayor Tanner presented outgoing Councilmember Jean M. Benson
with a book consisting of thank you notes from colleagues and City
employees; a bouquet of flowers from Linda Starr from Starr
Enterprises; a Proclamation from Assemblyman Brian Nestande's
office; and an engraved, framed print of the Council Chamber Mural
for her 32 years of service to the City of Palm Desert and the
Coachella Valley.
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2. Comments by Outgoing Councilmember Jean M. Benson.
Councilmember Benson stated she has been honored enough these
past few weeks, but it has been wonderful. She said never in her
wildest dreams in 1973 did she think she would still be serving on the
Council at the age of 90, stating it was time to retire, but her 32'/z
years have been great. She thanked the constituents of Palm Desert
for giving her this beautiful ride and it's been her pleasure to serve
them, stating their confidence in her was greatly respected and
appreciated. She said she couldn't have done it without the great
staff at City Hall, especially those that have been here for a number
of years. She went on to say she had the privilege of working with
great Council's where everyone got along, respected civility in
government, and respecting each others opinions, stating she will
miss it. However, she will keep abreast by reading The Desert Sun
and will watch this Council hoping they don't screw it up (laughter in
the audience). She was happy to give up her seat for Sabby
Jonathan who has been a big part of the City of Palm Desert through
the years and knew he will do his best in the future.
3. Comments by Mayor and City Councilmembers.
Councilman Spiegel said he's worked with Jean for 19 years, and he
teamed a lot from her and hoped she leamed a lot from him as well.
He asked Councilmember Benson not to retire, but to run against
Congressman Raul Ruiz for his seat.
Councilmember Hamik thanked Jean for the past wonderful four
years of working together. She said this community and the whole
Coachella Valley has been built by her, and she has been such a
great role model. Additionally, she will keep her promise to Jean to
protect the hillsides.
Mayor Pro Tem Weber echoed Councilmembers Spiegel and Hamik's
comments in wishing Jean well. However, Jean was only leaving the
Council but moving over to join the Board of the Historical Society of
Palm Desert. Therefore, Palm Desert will continue to receive her
valuable input.
Mayor Tanner shared that 34 years ago, it was Jean Benson and then
Councilman Dick Kelly who helped him get through those years while
serving on the Planning Commission, which elevated to serving on the
City Council. He said he respected her thoughts on issues and
appreciated the standard she has laid out, stating he too, will protect
the beauty of the mountains and the quality of life she helped create
in the City of Palm Desert.
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4. City Clerk Administers the Oath of Office to Newly Elected
Councilmembers and Presents Each with Certificate of Election.
Ms. Klassen congratulated Councilmember Jan C. Harnik for her
re-election and Newly Elected Councilman Sabby Jonathan for his
victory. She shared that during the election cycle the City Clerk's
Office has the most interaction with candidates from the time they
start campaigning until today, stating she appreciated everyone's
contribution and courtesy. She went on to administer the Oath of
Office to the newly elected Councilmembers and presented each with
a Certificate of Election.
5. Seating and Comments from Newly Elected Councilmembers.
Councilmember Hamik stated the last few years have been
interesting, challenging, and rewarding. She said the City lost its
greatest economic tool with the dissolution of redevelopment, but it
didn't stop Palm Desert from looking for solutions and getting creative
by working on the Palm Desert Strategic Plan. She said things get
done because the Council works together with the residents, the
community, and the team inside the walls of City Hall who are
amazing, supportive, and work hard to make Palm Desert great. She
said these past four years have been wonderful and they are now part
of the 41 years of Palm Desert history, and she looked forward to the
next four. She said the Council will use the Strategic Plan as their
blueprint, respecting the past with great vision for the future. She
thanked the voters, City staff, and her colleagues, for their support,
specifically Councilman Spiegel for teaching her so much.
Councilman Jonathan said this was a bitter sweet moment, because
it was saying goodbye to Jean Benson who is a prominent and
valuable leader in this community. However, he knew Jean will find
other ways to serve this community, stating she was has been an
inspiration to him and wife Wendy for the past 35 years. While he
cannot fill Jean's shoes, he hoped to follow in her footsteps and use
the standard she has set as a guiding light in his service to the
community. He thanked all the voter and supporters, stating he "get's
it." He said the voters expect him and this Council to properly
manage the City, watch over the City's resources, and to "play nice,"
respecting the Council and staff, but most importantly never losing
sight that he serves the residents of Palm Desert. In summary, over
the next four years, he has been given the opportunity to serve and
honor the community's expectations.
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6. Selection of Mayor and Mayor Pro-Tempore for the Coming Year.
Ms. Klassen declared the offices of Mayor and Mayor Pro-Tem to be
vacant, stating she will accept nominations for those offices.
Councilmember Harnik moved to appoint Susan Marie Weber as Mayor and Robert
A. Spiegel as Mayor Pro-Tem for the coming year. Motion was seconded by Jonathan and
carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES:
None).
7. Comments from the Newly Appointed Mayor and Mayor Pro-Tempore.
Mayor Pro Tem Spiegel stated this would be his fourth time to serve
as Mayor Pro Tem, stating he is proud of what has been
accomplished in the past 19 years and its success will continue,
because Palm Desert has $50 million in the bank to take care of
emergencies.
Mayor Weber thanked everyone who came to thank and wish Jean
Benson well in her future endeavors. But as mentioned before, she
will serve on the Historical Society Board so she will continue to be
seen at all the board meetings. She welcomed Councilman Sabby
Jonathan, but given that he served 16 years on the Planning
Commission, this was more of a homecoming, and she was glad he
could come back and join this Council. She congratulated
Councilmember Jan Harnik for her reelection and service to Palm
Desert. She herself was honored and pleased to take her tum as
Palm Desert's Mayor. She said Palm Desert is a City of history, and
this Council has been made aware these past few months as they
have recognized Jean for all of her service and reminded of all her
contributions to the history of Palm Desert. Although, some members
are relatively newcomers to the Council, it was fortunate to have had
Jean Benson to guide it, along with past members such as Buford
Crites and now Mayor Pro Tem Robert Spiegel. She agreed with
Councilmember Hamik's comment that newly elected members
Teamed a lot from its mentors. However, Palm Desert was also a City
of the future, stating that just last year it worked on Envision Palm
Desert and now it's working on the future General Plan, specifically,
the exciting corridor that will connect the Civic Center to El Paseo.
She said Palm Desert is a City of communities, one being of
businesses, because without them Palm Desert wouldn't exist as a
City. She said new businesses are bringing excitement and
long-standing businesses are reinventing themselves to stay fresh.
Additionally, Palm Desert is also a community of City staff, stating that
many think of staff as employees, but there are many that walk and
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hike here, so staff is used to keeping Palm Desert sure-footed. She
said the Council was fortunate to have exceptional staff, because they
help the Council to remain on the path confidently and sure-footed.
Lastly, Palm Desert is a City of volunteers, which has made this City
unique. As an accountant, she is aware of the enormous value of the
hours volunteers put in to help, stating there was over 100 volunteers
last year spending almost a year of their time working on Envision
Palm Desert. She noted some of those volunteers were in
attendance this evening. Additionally, Citizens on Patrol are
volunteers and they are seen driving all around the City keeping
residents safe. Those serving on Committees and Commissions are
volunteers as well, and because of the participation of its residents,
their input is reflected in the community. She said all of these
components, the history, the future, and community, is what make this
an exciting 2015 year. In conclusion, she is humbled and honored to
be of service to the Palm Desert community as Mayor, and she
thanked everyone for the opportunity.
With City Council concurrence, Mayor Weber called a 10-minute recess
at this time and reconvened the meeting with the Consent Calendar
under Section X of the Agenda.
C. REQUEST FOR AUTHORIZATION TO GRANT AN EXCEPTION TO
BIDDING REQUIREMENTS AND AUTHORIZE THE PURCHASE OF NINE
(9) WORK TRUCKS FROM PALM SPRINGS MOTORS IN THE AMOUNT
OF $156,891.51.
Mr. Greenwood asked that this item be withdrawn from the Agenda, stating
no action is required. He noted this item will be brought back in February
with four local bids.
With City Council concurrence, this item was WITHDRAWN from the Agenda.
D. CONSIDERATION OF A REQUEST FOR SEPARATE FUNDING FOR THE
FOOD & WINE FESTIVAL PALM DESERT 2015 AND RELATED EVENT
AUTHORIZATIONS (CONTRACT NO. C34090) (JOINT CONSIDERATION
WITH THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY).
Economic Development Manager Ruth Ann Moore stated the Food & Wine
Festival Palm Desert began four years ago in 2012, which uses the tents
during Fashion Week in March of each year. The Festival consists of three
afternoons over the weekend. Friday afternoon includes a five -course
luncheon that features one of the national chefs in cooking and wine pairing,
and on Saturday and Sunday aftemoon is the grand tasting event. The
Festival has grown in stature and cache with its alliance of the James Beard
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Foundation. Last year's event included 23 celebrity chefs, including four of
the top chefs in America as rated by the Food + Wine Magazine; these chefs
provide multiple cooking demonstrations featured throughout the festival. As
part of the event, there are 36 restaurants sampling food, 43 wineries sample
their varieties of wine, 5 wine seminars, 6 craft beers, and 4 craft beer
seminars. She provided a two -minute video that showcased the Food &
Wine Festival Palm Desert. After the video was shown, she went on to say
attendance was now 3,000, which was a 23% increase over 2013. However,
with success also came challenges, stating it was not an exaggeration that
the event in its current configuration is busting at the seams. She said that
with these crowds the tents have become overly warm and very noisy. In
order to continue to grow the event and attract the desired demographic that
typically attends these festival, the experience requires enhancements to the
facilities. Palm Springs Life (PSL) is requesting additional funding of
$75,000 to improve the air conditioning in its tents and erect three new one
to be used exclusively for chef demonstrations. She said these tents will
seat 100 attendees each, but they will also provide adequate audio visual
and air conditioning. The funding will also provide for a new entrance tent
to accommodate a "marketplace" where sampled wines from the grand
tasting will be sold. She said there was no other Southem Califomia festival
providing this benefit. Staff is also working with PSL to host a City concierge
area where attendees can find information about City amenities and book
restaurants during their stay. She said both Fashion Week and Food & Wine
Festival Palm Desert will be moving from its current location in 2016. While
City staff and PSL staff are working on a new location, there have been
discussions to separate the festival into its own major event, which can take
place at a different time in the year and in a different location than Fashion
Week. Staff hopes to expand the event in both the variety and number of
activities, making it another signature event in the City, which meets several
of the priorities within Envision Palm Desert, the City's strategic plan to
create and attract entertainment and events to enhance the experience of
Palm Desert for both its economy and lifestyle. She said Frank Jones and
Michael Mathews from Palm Springs Life were in attendance and available
to answer any questions.
Councilman/DirectorJonathan said the staff report included the minutes from
the Marketing Committee wherein the members shared their concern to have
staff work with PSL for measurable processes to recoup the investment. He
asked staff if that was part of the plan moving forward as the City invests the
proposed significant amount, that staff will monitor and try to find ways to
create a return.
Ms. Moore answered yes, stating the City hopes to expand the event in 2016
into possibly its own signature event. However, if the City entered into a
partnership agreement, staff needed to make sure everything was reviewed
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with attorneys to see what actually becomes a liability to the City versus just
being a sponsor.
Councilman/Director Jonathan explained there is an expectation that the
additional investment will result in additional participants, which will in turn
result in additional sales tax and Transient Occupancy Tax (T.O.T.).
Therefore, he asked staff to think about establishing a mechanism to gauge
that cause and effect relationship.
Ms. Moore agreed to work with PSL on that aspect.
Mayor/Chair Weber asked if staff had any way of quantifying the increase
from the hotels' regular business, and if it could be narrowed for both the
hotels and restaurants.
Ms. Moore said not for the hotels, but staff has been able to measure the
traffic increase in the parking garages across the street from the events,
stating specific traffic counts are kept. However, it's very difficult to get
information from the stores, because individual sales didn't have to be
disclosed to the City, but there is different information that is disclosed to
their landlord, and staff has indications from the landlord that during both
events, sales increased in the City.
Mayor Pro TemNice Chair Spiegel pointed out this was by far the largest
City event that attracts a lot of people to spend their money in Palm Desert.
Mayor Pro Tem/Vice Chair Spiegel moved to, by Minute Motion: 1) Approve a
separate funding of $75,000 for Food & Wine Festival Palm Desert 2015 to be used toward
expansion of event facilities; 2) appropriate an additional $75,000 from Unobligated
General Funds to Community Sponsorships for FY 2014-2015, Account
No. 110-4416-414-3062; 3) authorize use of Successor Agency to the Palm Desert
Redevelopment Agency -owned lot at the northeast comer of Shadow Mountain
Drive/Larkspur Lane for the events in March 2015; 4) authorize closing a portion of
Larkspur Lane in the evenings from 5:00 p.m. - 10:00 p.m. during events in March 2015;
5) authorize use of the north side of Shadow Mountain Drive behind The Gardens On El
Paseo and the event for valet parking; 6) permit the consumption of alcoholic beverages
on Successor Agency -owned property; 7) authorize City Manager to execute the additional
sponsorship agreement and allow City Attorney to make non -substantive changes. Motion
was seconded by Harnik.
Councilmember/Director Hamik agreed measuring and quantifying was
important, but a lot of the effects and benefits are intangible. She and Mayor
Pro Tem Spiegel sit on the Marketing and the Hotel & Special Events
Committee, and they are always looking for these signature events, which
are needed to generate revenue to support this wonderful life in Palm
Desert. She said these high profile events raise the image of Palm Desert,
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and every year she attends Fashion Week, and last year for the first time
attended the Food & Wine event. She was amazed as to how wonderful it
was, but she also noticed how warm the tent was as well. She said
whenever the City sponsors any event, the immediate multiplier won't be
seen, but what happened with Fashion Week will happen with the Food &
Wine Palm Desert event. However, Food & Wine has grown organically
without the City having to work hard to turn it into what it is today.
Councilman/Director Tanner stated the comment that jumped out at him from
the Marketing Committee minutes was for people not to look at the City
continuously for X amount of dollars. He understands that if the City
contributes $75,000, the opportunity for additional sponsorships will come,
and he didn't want that effort to stop. He asked PSL to continue to get
sponsorships to get a larger retum on investment for everyone involved. He
said he loved both events.
Councilman/Director Jonathan concurred with previous comments, but if the
City can demonstrate to its constituents that there is a financial retum on the
investment and partnership with Palm Springs Life, so much the better.
MR. MICHAEL MATHEWS, Palm Springs Life, thanked the Council for its
support, stating they truly believe in what they have been able to accomplish
in conjunction with the City. In response to Councilman Tanner's concem,
he said they never ease up on trying to find sponsorships, noting they have
secured Aqua Caliente Resort Spa & Casino as the presenting sponsor,
which they didn't have previously. However, it takes a lot of sponsorships to
make an event like this work. With respect to the tents, the upgrade includes
flooring, infrastructure, labor, etc., and the air conditioning is a crucial part.
If there was any real criticism of Food & Wine, it was about the heat and
wanting cooler tents. He can say with a lot of enthusiasm, right now versus
last year, they have double their ticket sales, which meant people are
responding to this event. Previously, the event had 3,000 attendees, and he
believed it will grow to about 4,500 next year.
Mayor/Chair Weber said staff pointed out it was Palm Desert's name on the
event, even though the City is sponsoring, which is an advantage to the City
of Palm Desert for a signature event.
Ms. Moore agreed, stating Palm Desert is named in all the advertising forthis
event, including the national Sunset Magazine.
Mayor/Chair Weber called for the vote and the motion carried by a 5-0 vote (AYES:
Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None).
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XV. CONTINUED BUSINESS
A. CONSIDERATION OF REQUEST TO PERMANENTLY CONVERT TWO (2)
TENNIS COURTS AT FREEDOM PARK INTO EIGHT (8) PICKLEBALL
COURTS (Continued from the meeting of October 9, 2014).
Senior Management Analyst Ryan Stendell stated this item was continued
from the September 9 meeting in order for staff to conduct a more in depth
survey of play at Freedom Park. A spreadsheet was attached to the staff
report showing five weeks of court use at Freedom Park, and the results
support some tennis use, but not at a high level. Staffs recommendation
remains the same, which is two fold in that he made a slight error in
judgment with how loud the game of pickleball can be. At Cahuilla Hills Park,
the proximity to residential is not compatible at that facility. Therefore,
Recommendation No. 1 is to remove the pickleball facilities from Cahuilla
Hills Park due to its proximity to a residential neighborhood, and
Recommendation No. 2 is to convert the two existing tennis courts at
Freedom Park into eight dedicated pickleball courts at a cost not to exceed
$20,000, which was staffs original recommendation.
Councilman Tanner asked if the conversion at Freedom Park will be
permanent, and will there still be a court available for tennis.
Mr. Stendell answered no, stating the tennis facilities in the Palm Desert will
be at Civic Center Park and Cahuilla Hills Park (CHP). Responding to
question, he said there is space to add an additional tennis court at Freedom
Park if the Council so desired, but the cost could range anywhere from
$100,000 to $125,000 to build.
Mayor Pro Tem Spiegel said he was in favor of the additional pickleball
courts, but he would like to see an additional tennis court at Freedom Park
Councilman Jonathan thanked Mr. Stendell for taking him and the Mayor to
Cahuilla Hills Park to personally observe the pickleball activity, which was
illuminating, recognizing that four games or more going on at once can be
very loud. He asked staff that if the two tennis courts at CHP are striped for
pickleball, if the resulting noise level from just two courts would be difficult for
the neighborhood.
Mr. Stendell replied it was not likely that it would be extremely offensive. The
major issue is when all four courts or more are being used with 40+ people
there, which can get rather loud. If two tennis courts are also dual striped for
pickleball, you might get the occasional game going on, but the noise won't
be major, which would be a reasonable thing to do.
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Councilman Jonathan said if one of the tennis courts is already striped for
pickleball, then either pickleball or tennis would be played on that one court.
Mr. Stendell agreed, stating the courts are open for use, so one could see
two games of pickleball going or two games of tennis at anyone time.
Mayor Weber asked for clarification, because if at CHP the tennis court is
laid out so that people can play pickleball, but the other court is strictly for
pickleball, and staff wants to convert it to tennis entirely. She asked if the
striping could remain there so that both courts could be used for pickleball
and/or tennis, but only have two games going as opposed to many.
Councilman Jonathan explained the striping would actually be changed,
because the striping on the one pickleball court is to accommodate four.
Mr. Stendell agreed, stating that if tennis is placed back at CHP, it can be
dual striped to make them flexible.
Mayor Weber said staff also suggested changing the time of play to address
the concern raised about the noise in the letters received by the City,
suggesting starting at 9:00 a.m. as opposed to 6:30 a.m.
Mr. Stendell replied that if the City receives more complaints about noise,
staff can look at a further measure of restricting time of play, but he didn't
believe it would get to that point.
Councilman Tanner asked if dual striping was a problem for competitive
tennis players.
Mr. Stendell said competitive tennis players who use Civic Center Park or a
country club setting will not enjoy the dual stripes. However, that was not his
experience of the users at CHP. He said most avid players who are out
having fun don't mind the dual stripes, stating a light blue color is used which
blended in well. He said the most active and competitive games of tennis
are played at Civic Center Park, and there he would be in trouble if the courts
were dual striped, but it wouldn't be an issue at CHP.
Mayor Pro Tem Spiegel said it would be a mistake to take tennis away from
Freedom Park, because Palm Desert was known in the valley for having the
best parks, soccer and baseball fields, including the best swimming pool. He
was in favor of adding the pickleball courts, but not adding a tennis court
where there is space available was a big mistake.
Mayor Weber suggested dual striping the courts at Freedom Park.
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Mr. Stendell explained that to get the volume of courts needed for pickleball
at Freedom Park, there was no flexible way of doing that. He said staff was
trying to balance everybody's games without spending a lot of money. He
said if the Council desires to build an additional tennis court, it can be done,
but staff was directed to find the most cost-effective solution.
Councilman Jonathan asked if staffs recommendation is approved, would
the City then have 8 public tennis courts and 8 pickleball courts.
Mr. Stendell replied he would have to check his math, given the discussion
about having flexible courts at CHP, but in any situation, the City will end up
with an equitable amount of tennis courts versus pickleball courts. He said
today's growth numbers of this sport in all the trade joumals is that pickleball
is increasing rapidly and tennis remains flat. He said the City is trying to
accommodate a new sport that seems to work well within existing facilities
that are somewhat under utilized.
Mr. Jonathan said Mayor Pro Tem Spiegel made a good point, and asked if
it was possible to bifurcate the two. For example, if Council was to approve
staffs proposal as set forth, then monitor the demand for tennis, could a
tennis court be added at Freedom Park later, because both didn't have to be
done jointly at the same time.
Mr. Stendell answered yes, stating the direction could be to monitor and go
through the budget process, which kicks off at the beginning of the year, and
discuss the potential for a tennis court.
Councilman Tanner said if the City did build a tennis court at Freedom Park,
it could accommodate four more pickleball courts with that same tennis court.
The reason being is that pickleball is a very social sport and people gather,
stating Civic Center Park is a great spot to gather with the pavilions nearby.
He said if an additional tennis court is added, it can be dual striped as well.
Mr. Stendell agreed that once a court is built, it can be used in a lot of flexible
ways, but that is to be determined.
Councilmember Hamik said the discussion at CHP is to take pickleball play
out of there because of the noise it created for the residents, and the
residents were there before pickleball. She noted her house backed up to
a resort and she constantly listens to tennis and basketball, but she didn't
mind it so much. However, she also didn't back up to a mountain where
sound could be reverberating off it, and these residents object to pickleball
at 6:30 a.m. Therefore, by the City creating a flexible pickleball/tennis court
it didn't solve the noise problem. She suggested converting the courts at
CHP back to tennis, converting two tennis courts at Freedom Park into eight
pickleball courts, and if there is space, build a court that is strictly for tennis,
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which she believed may be the answer, because it accommodated all the
pickleball and tennis players in the community. Additionally, it
accommodated the entire Coachella Valley, because people from other cities
use Palm Desert parks. She wants to make sure that in the process of trying
to please everyone, it didn't end up with a product that was not so great,
stating the City might as well provide the best it can be, because that's what
the standard has been in the parks.
Mayor Weber stated the addition of a tennis court can be discussed at
budget time three months from now, but in the meantime, the Council can
act on staffs recommendation, which is a pretty good solution to get us by.
Additionally, the Council can implement a time restriction so the residents
didn't wake up to the distinctive noise.
MR. PAUL LEAGUE (Sp?) stated he was a local businessman and resided
in Thousand Palms. He said he has been a pickleball player for three years,
and in listening to the discussion, he understood the goal was to alleviate the
noise at CHP. He explained that pickleball, not unlike golf, in the hot
temperatures, desirable play is as early as possible. He said pickleball is a
very active sport where there is a lot of running around and movement, so
the suggestion to do a full conversion at Freedom Park, where there won't
be a residential noise issue, made a lot of sense. In response to Councilman
Tanner's comment that pickleball is a social sport is true, stating pickleball
is played most typically in teams of two each for a total of four people on one
game. He said the court is about 1/3 the size of a tennis court, the very
nature and dynamics, creates a social experience, environment, and
conversation. Therefore, isolating or giving it a special place at Freedom
Park made a lot of sense.
MR. CHRIS THOMAS, Cold Springs Way, Palm Desert, stated he was a
full-time resident for 11 years. He asked all the pickleball players and
supporters to stand up so the Council can see there was strong support. He
noted next month will be three years since the Parks and Recreation
Commission voted unanimously to have such a dream to have a complex of
eight or more courts for pickleball. He said the Commission worked very
hard at many solutions, and this was the best one, because it was low cost
and it fit into everyone's needs. He said some people may not like moving
to Freedom Park, but the reality is that there will be eight courts. The sport
is only going to keep growing more and more, so he appreciated a positive
vote on this motion.
Mayor Pro Tem Spiegel said he was sorry that Mr. Thomas resigned from
the Parks and Recreation Commission.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
MR. THOMAS replied he had to resign because of scheduling commitments,
but enjoyed working with Mayor Pro Tem Spiegel and appreciated his
support for pickleball on the Commission.
Councilman Tanner moved to, by Minute Motion: 1) Approve the permanent
conversion of two (2)Tennis Courts at Freedom Park into eight (8) Pickleball Courts and
retum the Cahuilla Hills Pickleball Courts to Tennis Courts at a cost not to exceed $20,000;
2) authorize the Finance Director to appropriate $20,000 from Unobligated Fund 430 Park
Funds to Account No. 430-4618-454-4001- Citywide Park Improvements - for this purpose.
Mr. Stendell asked for clarification on whether the Council wanted dual
striping at Cahuilla Hills Park or tennis only.
Councilman Jonathan seconded the motion.
Councilman Jonathan explained he second the motion for discussion and
possible modification, stating he agreed pickleball was a growing sport and
the Council wants to accommodate the residents' needs so it made sense
to go from four courts to eight. Therefore, Number 1, he supported
converting the two tennis courts at Freedom Park to eight dedicated
pickleball courts; Number 2, Mayor Pro Tem Spiegel made a good point that
resonated with him, that if tennis players need a court, the Council needs to
be responsive as well. However, he would like to bifurcate that into the future
and monitor the tennis use, and if there is a demand, a tennis court should
be built at Freedom Park. It is his understanding that at CHP there is one
tennis court that is dual striped for a single pickleball game and there is
another court that accommodates four dedicated pickleball courts.
Therefore, for Number 3, convert that dedicated pickleball court back to a
tennis court, so that there will be two tennis courts at CHP. He would also
suggest, dual striping those two courts at CHP, because if the court is used,
it will be used either for tennis or pickleball. It was his observation that each
sport makes about the same noise. The reason he is proposing leaving
those two court dual striped is because pickleball players may have the
preference of playing at CHP where it's beautiful, which he understood.
Mayor Pro Tem Spiegel said the main idea was to eliminate the noise.
Councilman Jonathan explained that if there is pickleball being played, it was
one game on one court, it would be the same noise level as tennis. He said
noise wasn't being added, because it was removing the intensive usage of
four pickleball courts along with the talking and cheering, etc., stating it was
eliminating a group activity.
Councilmember Harnik asked Mr. Thomas if it made sense to leave dual
striping at CHP or have it all just moved to Freedom Park.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
MR. THOMAS said he supported the eight courts at Freedom Park, including
what Councilman Jonathan just proposed. He noted Councilman Jonathan
went out to CHP to observe pickleball play. He said there was a good
amount of people that love to go to CHP because of the aesthetics, and in
his estimation, there are not many tennis players that use the CHP courts on
a continuing basis. He would say there will still be more pickleball players
than tennis players going to CHP, but at least they will have the opportunity
to have CHP available to them. Responding to question about the time
restriction, he said he personally liked to play early, but if they can have the
courts dually striped and restrict the time, he would be in favor.
Councilmember Hamik said the Parks and Recreation Commission did a
diligent job, so this issue could be monitored going forward.
Councilman Tanner said if the CHP courts are dual striped for pickleball, it
will still attract the early morning crowd, and he's reading and hearing that it's
a noise problem. However, he would be in favor of placing a 9:00 a.m.
constraint. His main concem is that by dual striping at CHP, there would still
be an invitation for eight games.
Councilman Jonathan clarified there would only be two tennis courts at CHP
and each court would be striped for one pickleball game; the most one would
have is two pickleball games. What is being eliminated is the cluster of
players, and the proposed arrangement would be more like tennis players,
which also makes noise and often at 6:00 a.m. However, the final part of his
suggestion, which is concurrent with Councilman Tanner's concern is to
monitor the hours, which the City can address if there are complaints.
Councilmember Hamik stated that's why she was suggesting the time
constraints in now, because at Freedom Park you can play whenever the
park opens and closes.
MR. THOMAS suggested 8:00 a.m. instead of a 9:00 a.m.
Mayor Weber said she didn't think a time constraint was needed in the
motion itself, because if staff will be monitoring and it will be down to two
courts, it will solve most of the problems. She said the problem is when
people gather and get excited, which will now be going on at Freedom Park.
Councilman Tanner amended his motion: 1) Approve the permanent conversion of
two (2)Tennis Courts at Freedom Park into eight (8) Pickleball Courts and return the
Cahuilla Hills Pickleball Courts to Tennis Courts at a cost not to exceed $20,000 with dual
striping for 1-Pickleball Court to remain on each of the Tennis Courts at Cahuilla Hills,
including time -of -use restriction and monitoring there; 2) direct staff to monitor demand for
tennis and prepare for consideration of adding a dedicated tennis court at Freedom Park
w
101110
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
in the 2015-2016 Budget; 3) authorize the Finance Director to appropriate $20,000 from
Unobligated Fund 430 Park Funds to Account No. 430-4618-454-4001 - Citywide Park
Improvements -forthe aforementioned conversion occurring in FY 2013-2014. Motion was
seconded by Harnik.
Mayor Pro Tem Spiegel stated he agreed with adding the pickleball courts,
but he will vote against the motion because it didn't include funds to add a
tennis court.
Mayor Weber called for the vote and the motion carried by a 4-1 vote (AYES:
Harnik, Jonathan, Tanner, and Weber; NOES: Spiegel).
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF ESTABLISHING THE AMOUNT OF D.U.I.
DRIVER AND VEHICLE IMPOUND COST RECOVERY FEE, PURSUANT
TO CHAPTER NO. 10.25 OF THE PALM DESERT MUNICIPAL CODE, AND
RESCINDING RESOLUTION NO. 09-67 (Continued from the meeting of
November 13, 2014).
Mr. Aryan stated the City currently charges a Vehicle Impound Cost
Recovery Fee of $140 to cover financial losses for removing nuisance
vehicles off the roads. These cases are typically driven by unlicensed or
suspended drivers or have been abandoned. The Coachella Valley
Association of Govemments (CVAG) Executive Committee recently
approved a draft model Ordinance, which establishes a Driving Under the
Influence (DUI) Vehicle Impound Recovery Fee for potential adoption by its
member cities. This fee differs from the City's current VICR fee in that it
deals primarily with cost recovery for responding to DUI Traffic Collisions.
He noted that if someone is charged with DUI, but does not cause a traffic
collision, they will be charged the current fee, not the new DUI, VICR fee, it
has to be related to a DUI traffic collision. By having a two-tier fee structure,
the City will avoid the unintended effect of increasing VICR fees on vehicles
towed for time intensive reasons, such as being abandoned or having a
suspended driver. The City Council reviewed this matter at the last meeting
and concurred with the Public Safety Commission's recommendation to
develop a fee reimbursement method should someone be acquitted. Staff
and the Police Department worked together, stating the Department currently
notifies a registered driver in writing if they are assessed the VICR fee, and
language has been included in this letter that states should they are
acquitted of all crimes, they can request reimbursement within 30 days after
the acquittal date. In special circumstance where someone couldn't meet
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
those 30 days, the City Manager has the authority, as noted in the
Resolution, to consider such request on a case by case basis. In conclusion,
should the Council approve staffs recommendation, the current VICR fee will
increase from $140 to $165 to account for the increase deputy and staff
time. He said since 2009 when the fee was first established, the fee has
never been raised, and it was time to do so in order to recoup costs.
Additionally, a new DUI Collision VICR fee will be established at the $175
rate, based on average time spent at these collisions, which staff felt was a
fair estimate.
Mayor Weber declared the public hearing open and invited public testimony in
FAVOR or OPPOSITION to this matter.
Councilman Jonathan asked if the language about recovery of the fee in the
event of an acquittal was included in the letter that went from the Police
Department to the individual.
Mr. Aryan answered yes, stating the language is very clear in that the
individual has to be absolved of any crime in the matter they are charged
with.
Councilmember Hamik pointed out the City was doing this to account for the
increase deputy rate and staff time, and with police services costing more
and more, recouping these fees helped to provide the level of public safety
the community is accustomed to.
Councilman Tanner inquired about the $165 fee.
Mr. Aryan explained that if there is a collision, and the driver is non -licensed,
the $165 fee applies. The higher fee applies if there is a traffic collision as
a result of driving under the influence. Therefore, someone could still have
a collision, and if out of the result of that investigation, when a deputy is used
and the driver is non -licensed, they will be charged the lower fee of $165.
However, if an individual is pulled over for a DUI where there is no accident,
it will be $165, but if they caused the collision, it will be the higher fee. He
noted the new fee structure will take effect at the adoption of the Resolution.
With no further testimony offered, Mayor Weber declared the public hearing closed.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution
No. 2014 - 95, establishing the amount of the D.U.I. Driver and Vehicle Impound Cost
Recovery Fee, pursuant to Chapter No. 10.25 of the Palm Desert Municipal Code, and
rescinding Resolution No. 09-67. Motion was seconded by Hamik and carried by a 5-0
vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None).
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
B. REQUEST FOR ADOPTION OF A RESOLUTION, MAKING CERTAIN
FINDINGS PURSUANT TO 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 each year the City is required to file a report based on
State adopted Assembly Bill 1660, which requires the filing of the Annual
Report of Calculation of Governing Impact Fees. The report shows revenues
collected during the year, expenses incurred for those same programs, and
calculations on how the City met the spending of the 5-year revenues down
below the 5-year requirement. The staff report indicates funds are over the
5-year limit, and it also reflects the type of projects in the budget that will help
spend funds below it, which is another requirement. The City is also required
to hold a public hearing. He noted the report was forwarded to the Building
Industry Association (BIA) to review, and the only comment received dealt
with $1 differences on rounding on revenues and expenditures. Responding
to question, he said the fees will remain the same.
Mayor Weber declared the public hearing open and invited anyone who wished to
come forward to speak on the matter to do so at this time. With no public testimony
offered, she declared the public hearing closed.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution
No. 2014 -105, making certain findings pursuant to Govemment Code Section Nos. 66001
and 66006. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Spiegel, Tanner, and Weber; NOES: None).
Councilman Jonathan commented it was great to collect these fees from
developers, stating it was real money, and it was nice funds are actually
tracked for their usage.
C. REQUEST FOR COMMENCEMENT OF THE FISCAL YEAR 2015-2016
COMMUNITY DEVELOPMENT BLOCK GRANT (C.D.B.G.) ONE-YEAR
ACTION PLAN AND GRANT APPLICATION PROCESS.
Ms. Riddle stated this item is to open the Community Development Block
Grant Application Process for the 2015-2016 Cycle, stating the application
deadline will be February 9, 2015. She said the final recommendations from
the Outside Agency Funding Committee will be presented to the Council on
May 9, 2015, and if approved, it will go to HUD for final approval.
Councilmember Harnik said she reviewed the list of organizations that are
invited to apply, and they are great ones. However, it's important to
recognize the Federal Government since 2010 has been chopping and
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
chopping the amount, stating the City will have no where near the funds it
had in the past, which will be difficult for some of the agencies.
Ms. Riddle concurred, stating the City always receives more requests than
it had funding for.
Mayor Weber declared the public hearing open and invited public comment relative
to the FY 2015/16 Community Development Block Grant Cycle, development of the
One-year Action Plan, and Opened the Community Development Block Grant
Application Process for FY 2015/2016.
MS. BIRGIT PHILLIPS, Representative of Safe House of the Desert, stated
they have a wonderful shelter in Thousand Palms, which is a 20-bed facility
for youths in crisis ages 11 through 17. They provide food, shelter, clothing,
education, and counseling for the youth and parent. Additionally, they have
a Transitional Living Program for ages 18 to 22, which has been opened now
for one year. The 20-unit complex is right behind Safe House, which is for
18 year olds that are homeless or kicked out of the home or foster home.
She said they have been able to help many 18 years in the Coachella Valley
by helping them find a job or assistance in obtaining their high school
diploma. She said many of these young adults don't even know how to boil
water or load a dishwasher, and at this facility they are taught these things.
They also work with trafficking survivors that have applied for the apartment
complex living, stating they currently have some living there. In conclusion,
she said they will be applying for a grant and invited the Council to take a
tour of their facility, the emergency shelter, and the Transitional Living
Program, stating they have expanded since they opened seven years ago.
Councilman Jonathan asked if Mary Battin was affiliated with the
organization.
MS. PHILLIPS answered yes.
Councilman Jonathan said he was interested in her offer to tour the facility
and asked Ms. Phillips to work with staff to find and set a date.
MR. RICHARD GUISS, Representative of Martha's Village & Kitchen
(MV&K), thanked the Council for its past support, specifically their Food
Services Program. He said Palm Desert has supported them since 2008,
and the most recent award was $15,000 in 2013. He said MV&K served
meals to individuals who are homeless and/or neighbors in need and at the
Transitional Living Center where they provide an opportunity for individuals
to start their life over. For example, in their facility they have 120 bed with 18
families currently living consisting of 32 children, 13 female parents, and 8
male adults. Overall they have more than 28 male and females living at the
facility. This transitional time is an opportunity for individuals to get things in
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
order such as: taking care of issues to get their kids back, obtain a job and
then an apartment. He said just recently an individual was clean and sober
and she needed to continue on her program, but according to Child
Protective Services, she was living in an unsafe environment for her child.
Therefore, she went to MV&K, which is considered a safe environment and
was able to get unsupervised custody of her kids and eventually received full
custody. Annually, they serve almost 300,000 meals, and this past
Thanksgiving they served 2,800 meals in two days to members in the
community, and they continue to do so seven days a week a week. He
thanked Palm Desert for its support, because a lot of what the agency did is
provide individuals a second chance. He said people didn't set out to be
homeless, but things happen and they need someone to help them.
Therefore, MV&K looks forward to applying for a $50,000 grant to support
their Food Services Program in the next cycle year.
Mayor Weber left the application period open.
Councilman Tanner asked if Safe House accepted girls from the ages of
18-22 that are pregnant
MS. PHILLIPS explained they can accept a mother who has one child, but
they can't accept a mother with one child who is pregnant with her second
one because of licensing. Further responding to question about the length
of a typical stay, she said it was an 18-month program where one receives
life skills. She went on to share two separate success stories, stating those
individuals are doing great. She said the Transitional Living Program is
needed in the Coachella Valley because Safe House serves the young from
11-17 years old, but there wasn't a place for the 18 year olds. She said they
have a lot of single mothers that were pregnant when they entered the
Transitional Living Program, and they had their baby, and living there. She
said the programs did a lot to help these groups of individuals.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of
November 1 - 30, 2014.
Mr. Wohlmuth noted the printed Meeting Summaries Report
contained in the agenda packets and offered to answer questions.
With City Council concurrence, the Report was received and filed.
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2. "Shop With a Cop"
Mr. Wohlmuth offered that the "Shop With a Cop" event was taking
place at 7:00 a.m. on Saturday, December 13, at Walmart on
Monterey Avenue, and Councilmembers were invited to the event to
see how it benefits needy youth in the community. He said
Councilmembers could look for Lt. Sullivan to be on hand that
moming, and Lt. Sullivan said that there would be 40 children there
who would each receive $100 for shopping.
Councilmember Hamik encouraged her colleagues to participate in
this very heartwarming activity, and Mayor Weber agreed.
3. Former Casev's Restaurant Site — 42455 Washington Street
Mr. Wohlmuth noted that earlier today, City Council indicated they'd
like to have one of their Members sit on the Qualification and
Proposal Review Committee to consider future uses at the former
Casey's Restaurant site (intersection of Washington Street/Avenue of
the States). He asked if this was the case that Council make that
selection today.
Upon request, Councilman Tanner agreed to participate on the Qualification and
Proposal Review Subcommittee, and Councilmembers concurred with his
appointment.
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
1. Fire Department
None
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
2. Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. City Council Requests for Action:
a) Utility Undergroundina Informational Forum — Councilman
Jonathan noted that the undergrounding of utility lines has been a City
issue with many pros/cons and related issues. He felt it was an issue
out there and many residents are concemed, so he wanted to suggest
to hold a public forum, a single meeting, to listen to interested
residents and also enlighten them about what has and is being done.
In response to his colleagues, he was familiar with the Tamarisk
District in the process of engineering and formation and said it was
one he wanted to highlight. He added that the purpose of the Forum
would be not just for the residents involved in that process but also for
others who are concerned about the issue. He went on to say that he
wasn't seeking to create a solution, simply an informational meeting
where people can be heard and the City can tell them about the
program underway and other options that exist.
Upon inquiry about where the Tamarisk -Heliotrope District is in the
process, Mr. Wohlmuth answered that it has about a 70% preliminary
approval, and currently City Council approved a contract with
Southern Califomia Edison (SCE) to do the design and engineering
of the system. Once that is completed, SCE and the other utilities
provide a cost estimate, followed by the City's Assessment Engineer
spreading that cost over all the benefitted properties to provide each
owner with an approximate cost of their benefit from the District, and
then the project is re -balloted. If the ballot proceeding is successful,
the City would fund that District and be repaid through either property
tax collection or payments. He said it was at least a year away from
construction.
Councilman Tanner said given this information, perhaps it was
premature to have residents come to talk to the City at a forum.
Councilman Jonathan accepted that information but respectfully
disagreed, particularly since it wasn't the first district to be
implemented, there are others that have gone through successfully.
He said that which was described was an existing, ongoing program
that has met with some measured success; therefore, he believed this
would be an independent opportunity for people who are concerned
about the issue to simply get informed. He would be happy to work
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
with staff to set up and conduct such a meeting, make it known to the
public, and those who are interested can come and be heard, be
informed of what the City has going on, what the options are for their
neighborhoods, and what other ideas residents may have. He said
it would be just a goodwill opportunity, as he sensed the issue out
there and warranted some information sharing.
Councilmember Hamik suggested having one of the proponents for
the Tamarisk -Heliotrope District present who's been so diligent in
getting their process off to a good start, as she could share her
experiences and give information.
Mr. Wohlmuth said staff would take the direction and work on
scheduling and publicizing such an undergrounding discussion
meeting, suggesting that it take place after the holidays.
Mayor Weber believed the two proponents for Tamarisk -Heliotrope
would be delighted to share their experiences and provide education,
and she really liked the idea of a public forum for this purpose.
b) Freedom Park Tennis— Councilmember Harnik believed Mayor Pro
Tem Spiegel made a good point about tennis during the discussion
under Section XV - Continued Business, Item A, concerning
Pickieball, and she wanted to explore what it would take to put up a
tennis court at Freedom Park during the FY 2015-2016 Budget
Process.
2. City Council Consideration of Travel Requests and Reports:
None
3. City Council Committee Reports:
a) Coachella Valley Association of Govemments — Councilmember
Harnik said CVAG recently accepted contracts in order to proceed
with traffic studies that this time will include trip origins and
destinations.
b) Southern California Association of Governments — Councilmember
Hamik reported that she attended the SCAG Economic Recovery and
Job Creation Summit that she found extremely interesting. She said
there was a lot of information presented of particular importance to
Palm Desert, especially as it relates to the current General Plan
Update Process.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2014
c) Coachella Valley Economic Partnership — Councilmember Harnik
noted that President & CEO Tom Flavin and Chief Innovation Officer,
Joe Wallace received the "Spirit of Entrepreneur Award" at the black
tie event recently held at the Riverside Convention Center. She said
they received the top award for outstanding entrepreneurial
leadership and accomplishments, and they're really making some
progress at CVEP.
Mayor Weber appreciated this information; she was very impressed
with what CVEP has been doing as of late.
d) SunLine Office Facility — Mayor Pro Tem Spiegel was pleased to
report that SunLine was finally going to open the new office at
SunLine, since they've worked in temporary facilities from the time the
buses started running. He said there will be a grand opening in late
January and his colleagues were invited.
4. City Council Comments:
None
5. Suggested Items for Future City Council Meeting Aaendas:
a) Fairway Childcare Facility — Councilman Jonathan was aware that
there'd been an issue on a childcare facility proposed for Fairway
Drive, with letters going back and forth. He was unsure that the issue
had been completely resolved and asked for one final meeting with
the Applicant to seek resolution.
Mayor Pro Tem Spiegel agreed that this matter needed to be
agendized for the January 8, 2015, regular City Council Meeting.
Councilmembers concurred that they wished to call up the case that was
previously considered by the Planning Commission.
b) City Council Health Benefits Package — Mayor Pro Tem Spiegel
requested revisiting the City Council Health Benefits Package at the
January 8, 2015, meeting.
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XIX. ADJOURNMENT
On a motion by Spiegel and unanimous consent of the City Council, Mayor Weber
adjourned the meeting at 6:51 p.m.
ATTEST:
E . KLASS , CITY CLE8K
CITY OF PALM DESERT, CALIFORNIA
SUSAN MARIE WEBER, MAYOR
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