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HomeMy WebLinkAbout2014-11-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 13, 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 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 Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None Mayor Tanner announced that an item had been distributed to City Council for its consideration of adding to today's agenda by four -fifths vote, as follows: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 Request for Authorization for the City Manager to Execute an Agreement with GHA Companies for Reimbursement of Costs to Modify the Traffic Signal on Portola Avenue at Julie Lane/College Drive, and for Appropriation of Funds from Unobligated Traffic Signal Fund in the Amount of $53,460 for this Purpose (Contract No. C34030). On a motion by Spiegel, second by Hamik and 4-0-1 vote of the City Council (AYES: Harnik, Spiegel, Weber, and Tanner; NOES: None; ABSTAINING: Benson), the aforementioned matter was added to the agenda under Section XIV - New Business, as Item I. (Please see that portion of the minutes for resulting discussion and action.) IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 72565 Highway 111 (APN 640-370-016), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 2) Property: APN 627-232-005 Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Tanner adjoumed the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member Abigail Sanford VII. INVOCATION - Mayor Van G. Tanner VIII. ORAL COMMUNICATIONS - B MR. MIKE HARDIN, Chairman of the Palm Desert Golf Cart Parade, provided a brief report on the 2014 event held on Sunday, October 26. He noted that this was the 50th annual parade, with a record -setting 111 decorated carts and bands entries, and the event once again came off without a hitch. He offered special thanks to Councilmember Benson for serving as this year's Grand Marshal. He added that there were 10 food booths, 350+ people in the VIP seating, with 385 in the Senior Area, which is free to seniors where they're offered a prime spot in the shade along the route, along with lunch. He went on to commend the City's Public Works Department for a tremendous job assisting with the event, along with the Fire Department, and special thanks to the Police/Sheriffs Department. He closed by presenting the City Council with the Chairman's Trophy for the City's award -winning float entry, "Back To the Future," along with a Title Sponsor Recognition plaque, and he again congratulated and thanked the City for all of its support. MR. TERRY COLLIER, Ajo Lane, Palm Desert, addressed the City Council on an issue of continuing concern for him — removal of pine trees in his neighborhood at Ironwood Country Club. He referred to a picture board that he'd prepared and presented to the Council to illustrate his point that included before and after photos of the affected area. Back in June 2014, he'd attempted to halt the removal of all the pines and polled his neighbors for their opinion on the matter, with only a 50-50 response. He recounted a particular story of how the landscape company cut a large branch from one of the trees on the north side of Irontree Street, which fell onto a smaller branch, breaking it and sending it smashing to the ground where it remained for some time after the other branches and debris had been removed. He detailed many of the reasons he'd been given for why the pine trees had to all be removed, including that a person was nearly seriously injured from a falling branch, that the trees are messy and leave needles on the ground and in the rain gutters of homes, that pine trees don't look right in the desert, and that the trees are cracking home foundations, and the trees consume too much water — all of which he felt were weak excuses to get people to agree to something that didn't need to occur. His home was now without shade. Further, he asked if it was in the name of 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 conservation that the pine trees had to be removed, why a 250,000-gallon manmade lake in his neighborhood was completely drained this past summer and then refilled. He urged everyone to be mindful of the benefits provided by trees, not the least of which is providing oxygen back into the atmosphere. MR. DAVE THORNTON, Executive Director of Angel View, Desert Hot Springs, CA, thanked the City Council for its generosity to his organization, a local non-profit celebrating its 60th year in the desert. He said they serve children, young adults, and adults with developmental disabilities, with 19 group homes throughout the Coachella Valley. There is also a day program serving 75 people and an outreach program annually serving over 400 families of children with disabilities that need services for them. He recalled earlier this year the City Council approved assistance that provided an emergency generator for their operation and commended City Staff Members Director of Special Programs Frankie Riddle, Administrative Secretary Amy Lawrence, and Office Assistant Miriam Miller for the marvelous job they've done with the CDBG (Community Development Block Grant) Program, adding his personal gratitude to staff for their help to his organization in this project. Further, he said they recently received a Transportation CDBG Grant from the City, which allows them the ability to take clients around to doctor appointments and events, such as the Golf Cart Parade and the January Disability Sports Festival in Palm Desert, among others. He said they loved being part of the community and being sponsored by it too. He added that medical services are the greatest portion of their mission for people with disabilities, noting that coming up this month in one of their group homes they will be accepting two young men from the Southern Califomia region who both were afflicted with Muscular Dystrophy and no longer able to breathe on their own. They are both shut-ins, but because they're coming to Angel View, will be better able to get out to their doctor appointments and attend events as a result of the City's generous Transportation Grant. He again offered heartfelt thanks to the City. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING NOVEMBER2014 AS "COMPLEX REGIONAL PAIN SYNDROME AWARENESS MONTH" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Tanner presented the proclamation to Heather Gilmore, who suffers from this very debilitating condition. Ms. Gilmore was very appreciative of the recognition. She said November 3, 2014, was declared as "Color the World Orange Day" to spread awareness of RSD (Reflex Sympathetic Dystrophy), and landmarks throughout the United States were lit up in bright orange to this end. She went on to offer a brief account of the symptoms suffered by those affected and of her own 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 significant experiences with the condition, sincerely thanked her family, friends, and fellow CRPS (Complex Regional Pain Syndrome) sufferers for all of their support, along with her medical team for their tremendous care. She said that even after 140 years of disease awareness, there was still no cure. Other representatives with her in the audience today presented City Councilmembers with orange gift bags that included a brochure about the disease and the support association, a wristband, and other items to help raise awareness for this serious affliction. She also presented Mayor Tanner with a special plaque to recognize his efforts in presenting the proclamation to declare November 2014 as RSD Awareness Month. In answer to question from the audience, Ms. Gilmore responded that 2,000,000 - 5,000,000 people are diagnosed with the syndrome. With City Council concurrence, Mayor Tanner suspended the agenda and took up Item C of Section IX - Awards, Presentations, and Appointments next, followed by Items B, D, E, and F. B-1. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, NOVEMBER 13, 2014, AS "CAPTAIN KEVIN VEST DAY' IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Tanner presented the proclamation to Captain, now Chief Deputy, Vest, thanking him for his years of service as Palm Desert's Chief of Police and Commander of the Palm Desert Sheriff's Substation, and letting him know how much he'll be missed. Chief Deputy Vest was very moved by the recognition, and offered heartfelt thanks to the City Council for it. He further relayed how much he had enjoyed working here and would miss everyone. B-2. INTRODUCTION OF CAPTAIN SUSAN TREVINO AS THE CITY OF PALM DESERT'S NEW CHIEF OF POLICE AND COMMANDER OF THE PALM DESERT SHERIFF'S SUBSTATION. Chief Deputy Vest introduced his replacement at the Palm Desert Station, Captain Susan Trevino. Capt. Trevino said this was her third tour in the Palm Desert Station, with a total of 27 years of experience in law enforcement with the Sheriff's Department. She said she'd worked 12 years as a Deputy in Palm Desert, Rancho Mirage, and Indian Wells, and this was like coming home to her - she was ecstatic about it. Anecdotally, she noted she was following Chief Vest's tour, with two tours behind this one being Chief of Police in 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 San Jacinto. She wished all the best for Chief Vest and looked forward to working with all the people in Palm Desert. Councilmembers welcomed her back to the City. C. PRESENTATION OF PROCLAMATION DECLARING SATURDAY, NOVEMBER 29, 2014, AS "SMALL BUSINESS SATURDAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Tanner presented the proclamation to Palm Desert Area Chamber of Commerce President and CEO Barbara deBoom, who encouraged everyone to shop local small businesses on November 29, "Black Saturday." She said these businesses provide a great economic benefit to all the moms, dads, and children right here in our community. D. PRESENTATION BY LIFESTREAM TO RECOGNIZE THE CITY OF PALM DESERT FOR ITS TREMENDOUS SPIRIT AND BEING THE HIGHEST DONOR IN THE 2014 "NINE CITIES CHALLENGE." LifeStream President/CEO and Medical Director Dr. Rick Axelrod, said their organization was the sole provider of blood products and services for Coachella Valley and High Desert hospitals. He said this past summer they issued a challenge to nine Coachella Valley communities — to designate a day and compete with each other to give the most blood donations, the "gift of life." Of course, it was stated beforehand that the true winners of this friendly competition would be local hospital patients: surgical, cancer, accident/trauma, and bum patients, along with prematurely-bom babies. He said everyone agreed on the true winners; everyone should also be proud because at the end of the challenge, the City of Palm Desert, led by Drive Chairpersons Councilmember Jan Hamik and husband Brian, was number one. On its designated day, City of Palm Desert collected an incredible total of 138 units of blood. He said it was a tremendous outpouring of support and credit to the City's community spirit and caring nature. Dr. Axelrod went on to note that the Drive Chairpersons had a private story to share as they recruited donors, and he introduced Ms. Liz Lopez, a courageous individual who works with Mr. Hamik and allowed them to share her story to support efforts in recruiting blood donors. He stated that Ms. Lopez was diagnosed with a rare, fast-moving adult leukemia in June 2014, and her story inspired dozens to come forward and give blood for no more reward than the knowledge that it would assist someone in need. He shared the rest of her story, noting that she was able to retum to work full- time on October 1 after being hospitalized for five weeks this summer. She continues to put up a good fight against the disease through maintenance 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 chemotherapy, and he complimented Ms. Lopez for her boundless spirit and determination. He said this story speaks volumes to the importance and goodness of voluntary blood donation, with City of Palm Desert answering the call by regularly hosting blood drives for LifeStream, having one most recently just last week. He thanked the City for its continued support and Human Resources Technician Carol Brantley for her service over the past several years as Blood Drive Chairperson. On behalf of LifeStream, local hospitals and the patients they serve, he congratulated the City Council and presented the plaque symbolic of the victory in the 2014 "Nine Cities Blood Drive Challenge." Councilmember Harnik offered that she and her husband worked very hard on the blood drive, but it wouldn't have been possible without Ms. Lopez's husband and entire family joining in to reach this goal. She said it was an inspirational day and looked forward to the City of Palm Desert getting its name engraved on the plaque for the Challenge each year from this point forward. E. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER ABIGAIL SANFORD. Ms. Sanford reported that a total of 15 Youth Committee Members assisted with the Golf Cart Parade on Sunday, October 26, by helping set up the Senior and VIP areas, providing lunches and waters to 385 seniors in attendance there. Next, the Committee will provide an Anti -bullying Presentation to students at Carter Elementary School's After -school Program on Tuesday, November 18, at 4:00 p.m.; and the Committee will also be assisting with the City's Celebration of Seasonal Cheer (Wreath Lighting) at 5:30 p.m. on Friday, December 5, at the Civic Center. Lastly for upcoming events, they will host a Holiday Party for Lincoln Elementary School's After - school Program on Monday, December 15, at 3:30 p.m. F. REQUEST FOR ACCEPTANCE OF RESIGNATION AND APPOINTMENT OF MEMBER TO THE PALM DESERT YOUTH COMMITTEE. Councilman Spiegel moved to, by Minute Motion, accept the resignation of Member Victoria Delapaz and appoint Andrew Olson to fill said vacancy on the Palm Desert Youth Committee. Motion was seconded by Weber. Mayor Tanner asked staff to tell the Council a little bit about Andrew Olson. Administrative Secretary Amy Lawrence said Andrew has been an alternate member since last year, and he is taking the place of Victoria Delapaz who happens to have other commitments during this time. She believed Andrew 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 will do a great job, stating she believed was Mayor Tanner's neighbor and must know him well. Mayor Tanner called for the vote and the motion carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 23, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 101, 102, 106, and 107. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of September 2014 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Clementine Gourmet Market & Cafe, 72990 El Paseo, Suites 3, 4, 5, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by El Paseo Grill, 73030 El Paseo, Suite 103, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of September 23, 2014. 2. Youth Committee Meeting of October 6, 2014. Rec: Receive and file. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 G. LETTER OF RESIGNATION from Bob Ffiday — El Paseo Business Improvement District Board of Directors. Rec: Receive with very sincere regret. H. REQUEST FOR AUTHORIZATION to Deem Bidders Non -responsive for the University Site Soil Stabilization Project and for the City Clerk to Re -advertise the Project (Contract No. C33890C, Project No. 767-15). Rec: By Minute Motion: 1) Deem bidders non -responsive for the subject University Site Soil Stabilization Project; 2) authorize the City Clerk to re -advertise and call for bids for said project; 3) authorize the project to be re -bid without requiring Bid Bond, Performance Bond, or Payment Bond. I. REQUEST FOR AUTHORIZATION to Utilize a Mounted Posse for Additional Patrol of the Westfield Palm Desert Mall During the 2014 Holiday Season. Rec: By Minute Motion, authorize: 1) Palm Desert Police Department to utilize the Riverside County Sheriff's Mounted Posse (Cabazon Station) during the 2014 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 2014 Holiday Theft Suppression Program. J. REQUEST FOR AUTHORIZATION to Release Maintenance Security for Tract No. 32498 (Harrison Road Ventures, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Maintenance Security on file for Tract No. 32498. Upon a motion by Hamik, second by Benson, and 5-0 vote of the City Council (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None), the Consent Calendar was approved as presented. Xl. CONSENT ITEMS HELD OVER None 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 XII. RESOLUTIONS A. RESOLUTION NO. 2014 - 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING SUBMITTAL OF APPLICATION FOR THE CAL -RECYCLE RUBBERIZED PAVEMENT GRANT PROGRAM. Mr. Greenwood stated staff is seeking Council authorization to apply for a grant to use rubberized asphalt on two paving projects, one on Portola Avenue north of Country Club, and the other on Town Center Way. He said the City would receive approximately $45,000 in return, which would cover the added cost that rubberized asphalt would add to the job. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2014 - 90. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1276 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.30.020 OF THE PALM DESERT MUNICIPAL CODE TO REQUIRE COMPLIANCE WITH STATE PREVAILING WAGE REQUIREMENTS ON CITY PUBLIC WORKS PROJECTS. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1276. Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None). XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE "FREEDOM FLAGS FOR FAMILIES" MILITARY BANNER PROGRAM GUIDELINES AND PROVIDE STAFF WITH DIRECTION ON BANNER DESIGN. Human Resources Manager Lori Carney stated that on September 11, 2014, the Council received a presentation from Suzie Del Toro regarding the Freedom Flags for Families Banner Program that she was taking from city 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 to city throughout the Coachella Valley and thought it would be a good fit for Palm Desert as well. At the direction of the City Manager, she was directed to look into it, so she brought forward guidelines and suggestions regarding banner designs and the location for them in the City. Responding to question about who would get honored, she said active duty service members and veterans who have resided or served from Palm Desert. Councilman Spiegel suggested Councilmember Jean Benson and himself. Ms. Camey answered yes and thanked them for their service. Mayor Tanner asked where staff was proposing to put these flags, because at one time there was discussion to place them at Freedom Park. Ms. Carney agreed, stating staff had also considered Highway 111. However, in consultation with Public Works, there aren't many Tight poles available on Highway 111. Therefore, it was determined to place them at the entrance to Civic Center Park where there are eight Tight poles and they lead into the Peace Memorial, which seemed like the ideal place. She said 16 banners could be placed there and drivers will slow down to view those people being honored, stating it fit with the Civic Center and Peace Memorial. Additionally, staff also wanted to know what the Council thoughts were on the banner design. Councilmember Harnik noted staff was asking for approval to work with someone. Ms. Carney suggested working with a design firm the City has used before on other projects and come up with a design for the banner. Mayor Tanner suggested keeping the banners simple to avoid bringing a lot of attention to the face or wording. Councilmember Harnik moved to, by Minute Motion: 1) Approve the "Freedom Flags for Families" Military Banner Program Guidelines as presented; 2) direct staff to work with a graphic artist for a banner design. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None). 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 B. REQUEST FOR AUTHORIZATION TO VACATE EXCESS RIGHTS -OF - WAY AND FOR MAYOR TO EXECUTE A QUITCLAIM DEED RELATIVE TO THE COUNTY OF RIVERSIDE -OWNED PROPERTY AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE. Mr. Greenwood stated the property at the northeast corner of Monterey Avenue and Dinah Shore Drive, across Dinah Shore from Sam's Club gas station is owned by the County, and they are currently putting together a marketing plan to have a development occur on that site. Unfortunately, that property is cut up into six pieces, so this action before the Council will clean that matter up, leaving the County with a single marketable lot. Councilmember Hamik moved to:1) Waive further reading and adopt Resolution No. 2014 - 91, vacating excess Rights -of -Way, all being generally located at the northeast comer of Monterey Avenue and Dinah Shore Drive; 2) By Minute Motion, authorize the Mayor to execute a Quitclaim Deed to the County of Riverside and retain an Easement for Channel Maintenance Access purposes. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None). C. REQUEST FOR APPROVAL OF PROPOSED LAW ENFORCEMENT RESPONSIBILITIES MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, COLLEGE OF THE DESERT, AND UNIVERSITY OF CALIFORNIA, RIVERSIDE. Mr. Aryan stated in 1999 the Califomia legislature required all public colleges to have agreements with local police departments to accomplish two things, which is to designate the operational responsibility for investigations of Part 1 violent crimes (homicides, rapes, and aggravated assaults), and establish geographical response. While the three college sites in questions do have security personnel, they currently don't have a dedicated police presence. The last time the City had agreements in place was in 2009. He said the proposed Memorandum of Understanding's (MOUs) designate the Palm Desert Police Department as having the principal law enforcement jurisdiction in each campus. The terms of the proposed agreements are for five years; however, the City can cancel with any of the colleges by providing a 30-day notice. Currently, there is a zero cost recovery fee. He said he and Lt. Sullivan reviewed the statistics and there was minimal response by the Palm Desert Police Department, but if that should change, the City can cancel the agreements and renegotiate them. In conclusion, he noted the University Planning and Development Committee and the Public Safety Commission recommended approval of the proposed MOUs. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 Councilman Spiegel moved to, by Minute Motion, approve a Law Enforcement Responsibilities Memorandum of Understanding (MOU) Between each of: 1) The City of Palm Desert, County of Riverside, and California State University, San Bernardino (Contract No. C33990A); 2) the City of Palm Desert, County of Riverside, and University of California, Riverside (Contract No. C33990B); 3) the City of Palm Desert, County of Riverside, and College of the Desert (Contract No. C33990C). Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None). D. REQUEST FOR ACCEPTANCE OF CAL -COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING (SLESF) FOR FISCAL YEAR 2014-2015. Mr. Aryan stated this grant would offset costs for front-line law enforcement services in the amount of $100,000. He said forty percent of the grant is used for the Holiday Theft Suppression Program, which begins on "Black Friday" through Christmas Day. This item is related to the Public Safety and Emergency Services section of the Palm Desert Strategic Plan under Priority 1: Enhance the delivery of public safety services. He noted the Palm Desert Public Safety Commission reviewed this item and recommended approval. Councilman Spiegel moved to, by Minute Motion, approve the CaICOPS 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 costs for the 2014 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 (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). E. REQUEST FOR APPROVAL OF A FUNDING AGREEMENT FOR UNIVERSITY SITE WORK AND COSTS BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT, AND TAKING CERTAIN RELATED ACTIONS (CONTRACT NO. C33890D) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Greenwood stated the University site, which is bound by Cook Street, Frank Sinatra Drive, and Gerald Ford Drive, is the most complained about site when it came to dust issues. The City received a grant from COLMAC Funds to seal that site, but there is also City funding involved. The proposed Agreement allows the Successor Agency to reimburse the City for the costs involved. The Oversight Board has approved the reimbursement, but the State Department of Finance (DOF) called this item up and is under review, which will take about 40 days. He pointed out the staff report stated the 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 project went out to bid and that the City had obtained a contractor. However, on a previous agenda item this evening under Consent Calendar, the Council rejected all the bids received because all the contractors filled out the bid forms improperly. The Council also authorized staff to re -bid the project without requiring bonds, stating these particular contractors didn't deal in the bonding world and struggle with it. Therefore, the City currently didn't have a contractor, but the staff report indicates it did. Responding to question about the cost for this work, he said it would be approximatley $120,000, noting it costs $300 an acre for dust control. Further responding, he confirmed this was work that had to be done. Councilman/Director Spiegel moved to: 1) Waive further reading and adopt Resolution Nos. 2014 - 92 and SA -RDA 037, approving the execution of a Funding Agreement for the University Site Work and Costs between the Successor Agency to the Palm Desert Redevelopment Agency and the City of Palm Desert, and taking certain related actions; 2) By Minute Motion, approve of and authorize the Mayor/Chair to execute the University Site Project Funding Agreement. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None). F. REQUEST FOR APPROVAL OF AN EL PASEO MULTI -USE COMMUNITY CENTER PROJECT BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT, AND TAKING CERTAIN RELATED ACTIONS (CONTRACT NO. C33970) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Senior Management Analyst Ryan Stendell stated this item was for a funding agreement for the Entrada Pavillion that has been discussed quite frequently. He said this project has been reviewed and approved by the Oversight Board. However, this item is also being reviewed by the State Department of Finance (DOF), and that review can take up to 40-days. He said staff has provided all the documentation requested to the DOF, and at the end of the 40 days there should be an answer. He said the mechanism in this case allows the City to take possession of the funding for this project and place it into an impounded account to carry out the work. Mayor/Chair Tanner inquired about the plans for the pavillion. Mr. Stendell explained the 2006 A or B bond issuance listed a project called the El Paseo Multi -use Community Center, which staff envisioned as a public space. The City is constantly being asked to use its parks and facilities by charitable organizations for weddings and special events, so staff is always looking for another venue. The proposed pavilion would provide a wonderful venue for the City's farmer's market, which is already located in the Entrada region, and staff envisions using this space in a variety of ways and for 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 different activities. He said this center would not be a physical building, but more of an open pavillion with a shade structure, restrooms, and storage facilities. Councilman/Director Spiegel moved to waive further reading and adopt Resolution Nos. 2014 - 93 and SA -RDA 038, approving the execution of an El Paseo Multi -Use Community Center Bond Proceeds Funding Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and the City of Palm Desert, and taking certain related actions. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None). G. REQUEST FOR APPROVAL OF FUNDS FOR PAYMENT TO SUN-GARD PUBLIC SECTOR FOR ANNUAL COMPUTER SOFTWARE MAINTENANCE IN THE AMOUNT OF $60,799.86. Information Systems Manager Clayton Von Helf stated this item was for the annual support for the main software, which ran all of the City's applications from building permits, business license, Code Enforcement, Finance, etc. Responding to question about last year's cost, he said it was about $59,000+. Councilman Spiegel moved to, by Minute Motion, approve payment to SunGard Public Sector in the amount of $60,799.86 to provide computer software maintenance for one year — funds are available in Account No. 110-4190-415-3360. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). H. CONSIDERATION OF REQUEST FOR FUNDING OF THE "ROCKIN' THE HOLIDAYS" MUSICAL REVIEW AT THE J. W. MARRIOTT DESERT SPRINGS RESORT. Tourism & Marketing Manager Donna Gomez stated this was a request for funding for a holiday music review at the J.W. Marriott Resort. The request was originally for $15,000 to help off set local and regional marketing efforts. This program strives to attract local attendance, create a buzz for hotel guests, attract the drive market, and generate revenue for the local community. After reviewing the proposal, staff recommended a $10,000 contribution for this first year event. Director of Marketing for J.W. Marriott KC Kinsey is in attendance and available to answer any questions. Councilman Spiegel moved to, by Minute Motion: 1)Approve a $10,000 sponsorship forthe "Rockin' the Holidays" Musical Review; 2) appropriate $10,000 from the Unobligated General Fund to Account No. 110-4417-414-3222 forthe subject sponsorship. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY FOUR -FIFTHS VOTE AT THE 3:00 P.M. CONVENING OF THIS MEETING. I. REQUEST FOR AUTHORIZATION FOR CITY MANAGER TO EXECUTE AN AGREEMENT WITH GHA COMPANIES FOR REIMBURSEMENT OF COSTS TO MODIFY THE TRAFFIC SIGNAL ON PORTOLA AVENUE AT JULIE LANE/COLLEGE DRIVE, AND FOR APPROPRIATION OF FUNDS FROM UNOBLIGATED TRAFFIC SIGNAL FUND IN THE AMOUNT OF $53,460 FOR THIS PURPOSE (CONTRACT NO. C34030). Mr. Greenwood stated this property is located on the southwest comer of Portola Avenue and Julie Lane, which is burdened by extensive overhead transmission power lines that need to be relocated in order to develop the property. If the developer was to pay all of the costs associated, the property would be undeveloped and sit vacant forever. Therefore, the City agreed to pay for the cost for the signal modifications with the developer paying the costs for utility relocations. The developer also agreed to hire the contractor to do the signal work with City staff overseeing the project to ensure costs are reasonable. He said the developer requested bids from reputable signal companies and received two, and the low bidder came in at $53,460, which staff believes is reasonable. Therefore, staff recommended going ahead with the proposed low bid and authorize the City Manager to execute the agreement. He noted a draft of the agreement was in Council's packet; however, the final agreement might have some slight revisions. Councilman Spiegel inquired about the amount the developer would be paying. Mr. Greenwood replied the developer would pay nothing for the signal modification, but he would be paying for the utility relocations, which was about $150,000 just for the power. Additionally, the developer will also have to relocate a sewer and water line, but the cost for those was unknown. Councilman Spiegel moved to by Minute Motion: 1) Authorize the City Manager to execute an agreement with GHA Companies, Cathedral City, Califomia, for reimbursement of costs to modify the traffic signal located at Portola Avenue and Julie Lane/College Drive; 2) appropriate $53,460 from Unobligated Traffic Signal Fund to Account No. 234-4381-422-4001 - Traffic Signals for this purpose. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XV. CONTINUED BUSINESS None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR ADOPTION OF RESOLUTION, ACCEPTING AND REJECTING CERTAIN OFFERS OF DEDICATION WITHIN THE MAP OF TRACT NO. 13008 (THE SUMMIT). Mr. Greenwood stated that when The Summit development was first approved in 1979, the map offered easements to the City; however, the map had a technical error, in that the City neither accepted nor rejected those offers, which left things in limbo, causing confusion as to who is responsible for what. The Summit community is located near Highway 74 and Mesa View Drive. He displayed a color -coded map of the development, where the easements in green are the ones being recommended for acceptance. The easements identified in green have a drain that drains from a public street to a public street, with the exception of two. He discussed a channel that is easily maintained, but the drain on North View is a closed pipe and is difficult to maintain. Therefore, staff recommended acceptance of all the easements shown in green, as well as the Offers of Dedication for all of the streets in The Summit neighborhood. However, staff is recommending that the Offer of an Easement for the drainage channel that is in the backyards be rejected. He displayed various photographs of the channel where homeowners have installed various obstructions across the channel, which definitely affects its ability to transmit water from one lot to another, because the channel gets clogged with dirt and debris. He displayed one photo in particular where one homeowner had filled in the channel altogether. He was concerned that if the City was to take over responsibility for the channel and perform regular maintenance, City workers will be required to enter all the backyards. He said there was no other drain or work that Public Works ever did where staff ended up in someone's backyard, stating it was an extremely unusual situation and one he didn't recommend. On the other hand, in an attempt to compromise, staff is recommending to accept the most difficult part of the system, which is to clean a closed pipe that drains along a side yard where the water goes out to the street, and the inlet that is on North View Drive. However, the obstructions would have to be removed in order for the City to take over that inlet. In conclusion, staff recommended rejection of the channel easement in the backyards, which are identified in red on the map attached to the staff report, and acceptance of the easements where the drains, drained from street to street or out to the street from the backyards, and acceptance of all of the streets that will become public with no doubt. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 Councilman Spiegel asked who was the owner of the channel behind the homes. Mr. Greenwood replied the property belonged to each individual homeowner. Mayor Tanner declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. CHRISTINA BAINE DEJARDIN, Attorney with Peters & Freedman, L.L.P., representing the Palm Desert Summit Homeowners Association, stated the Association is a beautiful 154-home community that is sandwiched between Highway 74 and the Big Horn development. The Association is here this evening to support the homeowners within the community who are directly and indirectly impacted by the Palm Desert City Council's decision regarding the revocation of the easements. Thirty-five years ago the City made a promise to the future homeowners of The Summit to take care of drainage facilities that are critical in protecting their homes. She said the minutes from the October 1978 meeting reflected the Council's deep concems about the drainage problems within The Summit, and to address those concems, it approved Resolution 78-145, approving The Summit project with certain Conditions of Approval (COA). The COA required that the developer grant easements to the City to accommodate drainage, and in compliance to those conditions, the developer included easements on Tract Map 13008. The City approved the tract map and the City Clerk stamped the plan with the approval, but as stated by staff, the City Clerk did not stamp approval and acceptance of the easements dedicated on the map. She said this was a technical oversight by the City Clerk at that time. Even though the Conditions of Approval required the easements, and the Tract Map clearly shows them, City staff has recommended that because the City didn't accept them then, they can reject them now. He said the association disagreed, because the City clearly intended to accept those easements by requiring them in the Conditions of Approval and by approving the tract map. He noted the easements also appeared on the City's depiction of the retention basins and drainage outlets in the City. She said that even where a city has not expressly accepted easements offered for dedication, the California Board of Appeals has held that where that municipality has exercised dominion over the area, it has implied its consent to accept the dedication. This exercised of dominion can be manifested by the maintenance and repair of those easements. The firm has submitted excerpts from the City's own maintenance logs along with letters from the homeowners within the community, evidencing the City's maintenance of those storm drain channels. Unfortunately, the logs do not go back further than 2009, and are frankly incomplete. However, homeowners have indicated that their channels have been regularly maintained in the past by the City. She said City staff is recommending the acceptance of 7 out of 30 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 easements and rejecting the other 22 easements. Further, City staff cited various reason for these rejections, one of them being there is very little chance of any flood damage to any home, and the channel is unlikely to convey significant storm water. Unfortunately, this has proven not to be the case. During the 150-year storm in August 2013, two homes within The Summit were damaged; water flowed out of the storm drain channels and into the lots affecting one of the residences and the neighboring garage of the owner next door. She said the neighboring owner is not even adjacent to the storm drain channel. However, City staff has indicated the draining channel didn't provide a benefit to the public, questioning what definition staff was using for the term "public." The few hundred homeowners and residents of The Summit undoubtedly constituted a portion of the public. Additionally, judging by the large holes cut in that perimeter wall, dividing The Summit from Big Flom, the draining channel serves the public's benefit of the residents at Big Horn, which can also increase storm waterflowthough those channels. It is unrealistic to believe that every project undertaken by the City would benefit all or most of the public. The City's maintenance records showed drainage maintenance in other areas that serviced only a subside of the public. When the City originally approved the project, the City undoubtedly believed the channels served a public interest or it would not have required the easements in the first place. From a practical standpoint, it only made sense for the City to maintain the entire network of drainage channels. Any debris from the channels will inevitably end up in the outlets the City is willing to accept, which will only create more work for City staff to access those underground storm drains to clean them out. She said enough water collected in those outlets, which flowed out from the channels and could lead to standing water in the streets. The streets the City is offering to accept this evening will result in asphalt repairs over the time. If the channels and inlets become clogged, there will be a repeat of what happened in 2013 where water rushed out of the channels and into those residences. She said City staff has indicated homeowners have installed improvements or otherwise altered the channels making it difficult to access the entire length. In the spirit of cooperation, the Homeowners Association Board of Directors is willing to assist the City in attempting the removal of those obstructions, if the City accepts the dedication of easements this evening. She said constituents of Palm Desert bought their homes with the belief that the City had easements over their property and would maintain those drainage channels. She said many homeowners didn't live at The Summit full time and couldn't monitor the channels year round. At the inception of the project, the City considered the drainage problem at The Summit carefully and created safeguards to ensure homeowners would not be negatively impacted. On behalf of the homeowners at The Summit, she respectfully requested the Council to keep the promise it made to the homeowners 35 years ago and accept all the offers of dedication on Tract Map 13008. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 Councilman Spiegel said he understood Ms. DeJardin say the homeowners would be willing to remove all the obstructions, the chicken wire, and gates installed in the channels. MS. DEJARDIN clarified she was speaking on behalf of the HOA, and it was the Board of Directors that was offering to assist the City in getting the homeowners to remove the obstructions. Councilman Spiegel said that didn't really accomplish anything, because if the homeowner didn't want to take them out, they won't. MS. DEJARDIN said that with two forces such as the City and the HOA Board, and if the City would be undertaking the maintenance, homeowners would be happy to remove those obstructions. She reiterated, the HOA Board will approach the individual homeowners along with the City for the removal of those obstructions. MR. JAMES JOHNSON, North View Drive, Palm Desert, expressed his concem over this situation and the drainage status, stating he has seen the water coming out of a channel and damaging his neighbor's house. He also saw what happened when the water flowed across their lots and out into the streets, which was quite a mess. He assumed the drainage was and would be maintained by the City. However, in this case, someone didn't stamp the document correctly, but based on what he's heard and his own research, the intention is what's important. He said both sides can find attomey's, and the City can be advised to get out of this, because someone 35 years ago forgot to stamp a document. He said the intention at that time was to maintain the drainage. Therefore, he would like to see this Council live up to that intention and take care of the obligation. He thanked the Council for the opportunity to speak. Responding to question about the location of his home, he said his house was up higher from North View Drive close to the drainage ditch that went across North View Drive; he was the third house from the top of the hill. MR. JOHN KELLY, Crest View Drive, Palm Desert, stated he lived in The Summit and was on the HOA Board of Directors. He said a lot of what he was going to say had already been said, and he agreed there were obstructions that needed to be dealt with, but he didn't know how that would transpire. However, it was clear from the documents that the intent and the requirements of the City were upheld by the homeowners and the developer. He said it was important for the Council to step back and look at this from a common sense point of view. MS. MARY ANN ANDERSON, Olympic Drive, Palm Desert, thanked the Council for allowing the community to voice their concems and interests. She said her home of 21/2 years where she lives year round is at the end of 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 Olympic Drive. She said they lived through the 11/2 inch of rain that went on for one hour and caused much of their desert landscaping to end up at the bottom of the hill, which she and her husband cleaned up. She said she had pictures for Public Works as a compliment to them for their help, because in one day they took out five 55-gallon bags of sludge, water, grass, and everything imaginable. She explained there are five homes draining their irrigation down the hill on Olympic Drive into a culvert. She is relieved that as part of Exhibit A their dedication is one that will be accepted, stating it was great the City wouldn't be abandoning them. After that day of rain, she called Public Works and they responded the very next day to clean out the culvert beautifully. Additionally, they came back again, because they saw it was an ongoing problem, stating she and her husband believe it's a design issue, because where it drained into Mesa View it went up hill. She said it was almost impossible to get ongoing irrigation water from seven homes to drain. In conclusion, she was pleased the City wasn't abandoning them, and expressed her appreciation of Public Works staff, but she could certainly appreciate all the other people in the neighborhood who would like the same kind of service. MR. JACK GARRISON, President of The Summit Homeowners Association, stated he lived at 72670 Theodora Lane. In response to Councilman Spiegel's question about homeowners obstructing the flood channels in the back yards, he said he's been living there since 2001, and he was unaware of any neighbors obstructing the channels. He was also sure they didn't get any permits from the City and certainly they didn't run anything by the Council. He said in their CC&R's, Section 3.5 Easements for Drainage states: Each owner covenants and aarees that he/she shall not obstruct or otherwise interfere with such drainaae patterns of water from adiacent lots in the development over his/her lot. or in the alternative. that in the event it is necessary and essential to all such drainaae for the protection and use of his/her lot, he/she will make adeauate provision for Draper drainaae. He said this issue was new to the HOA, and they are in full support, because they have seen the damage. He said they have seen the water come in, originally from down hill through Big Hom, then through the walls, stating the holes in the wall are for the water to go into the flood channels; he said the holes are a good size. Therefore, it's a lot of water, and in the heavy rain it comes flying down through there, so it was a danger. He said the HOA has a way to respond, which is their intention if the City saw it fit to clean the channel. He said they want to be good stewards of the property and good citizens, and they will take care of it as best they can. Councilmember Harnik asked if the City had a copy of the CC&R's. Mr. Greenwood said he did, but it was quite lengthy. He added, the Assistant City Attorney paraphrased some of the important sections of the 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 CC&R's in the staff report where it states the homeowners are required to keep the channel free and clear allowing the water to pass through the channel as it was intended. He said that alone causes maintenance of the channel to happen without the City intervening. The homeowners are already required to maintain the channels as they have been required for the past 30 years. The CC&R's didn't state explicitly that homeowners have to maintain the channel, but it absolutely didn't state the City had any input whatsoever. Responding to question, he said the lots are roughly 100 by 100 feet. Councilmember Hamik asked how would staff get to the channel to clean it. Mr. Greenwood said staff would have to go into someone's backyard. Further responding, he said staff is recommending acceptance of easements where the pipeline is, which are easements staff would use for access. However, it was not accepting easements along the backyards along the wall, because itwould require staff to go into each and every yard. MR. ROBERT GIBSON, North View Drive, Palm Desert, shared he owned his home since it was new in 1992, and he is a part-time resident. He said he believed the drainage channel served a useful purpose, and he's always maintained his clear of debris. During the severe storm in August 2013, the lot below and above his flooded, and because those lots weren't maintained, he was fortunate his home didn't get flooded. He went on to say the lot below his home was in foreclosure with no one living there, which had a lot of debris that had piled up over the years, and the lots above is where the channel was filled in as shown in the photograph that was displayed by staff. He said these drainage channels were put there for a purpose, and the fact that leaves, sand, etc., run down the channels, showed there is water in those channels. He noted that the storm drains marked in green on the map are actually underground, which is where water runs from the open drainage channel underground to the storm sewer system. He said if the City does not accept those easements marked in the red area, why would the drains marked in green be needed. Additionally, where staff believes it has to go through each and every property to maintain the open ditches, he disagreed, because one can walk along the entire open channel from one property. As an example, at Bighom there is a service road that runs adjacent to the red line, and there is a five-foot high wall that separates The Summit from Big Horn. He said anyone with a five-foot step ladder could get over that ditch and walk the entire length of the channel or large sections of it without accessing every home. He obviously was opposed to the City abandoning the easements identified in the red areas, because the channel was placed there for a purpose, but it needs to be maintained. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 MR. RON CROFT, Sun Valley Lane, Palm Desert, stated that when the big storm hit last year he and his wife jumped in the golf cart and went around the neighborhood and what they saw was scary. He wondered why the City wanted to abandon The Summit now, because if it was for budget reasons, he couldn't imagine anything more important than protecting people's property and possibly their lives. With no further testimony offered, Mayor Tanner closed the public hearing. Councilmember Hamik asked when did the City receive the extensive packet sent by Peters & Freedman, L.L.P. Ms. Klassen replied the packet was emailed to her yesterday in the middle of the afternoon, but she didn't open the email until approximately 4:40 p.m. Councilmember Harnik pointed out the Council received the packet yesterday at the end of the day, and she believed no one has had an opportunity to read it because the packet was thick and extensive. She guessed the HOA's attorney felt it was important information for the Council to have, but it was received late yesterday, stating she wouldn't feel right taking action without reading it first. Councilman Spiegel suggested going back to The Summit's CC&R's, given the President of the HOA was here this evening to see those photographs where the channel is completely filled in and/or obstructed with fences, and questioned whether the HOA was planning on doing anything about it. Mayor Pro Tem Weber stated that based on the photographs, if one was walking down the channel, one would have to be in someone's back yard, yet she heard the comment that City staff didn't have access to backyards. Mr. Greenwood explained one would have to be in someone's backyard to walk the channel, stating staff has gone in the channel occasionally for storm cleanup, but it's never been on a regular maintenance program, it's only been in an attempt to be a good neighbor to help people after significant rain. Councilmember Benson stated the homeowner should conform to their CC&R's and clean up the whole easement, then return to the City to see what it would do once the channel is back to its original state, because it certainly wasn't that now. She said there might be some other alternative then, but nothing should be considered by the City until it's cleaned up. Councilman Spiegel agreed, but he would imagine the majority of the homeowners had gardeners, because he didn't cut his own grass. He 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 questioned whether the gardeners took care of cleaning up the channel, because he would think that they should. Councilmember Harnik stated she heard the term dominion as a form of responsibility, and some homeowners have filled in the channel and have done exactly that by maintaining it in that form. She said those particular homeowners have turned it into their own and they can't have it both ways. Councilman Spiegel agreed with Councilmember Harnik's in that the Council didn't have enough information and he would like to continue this matter to the first meeting in December. At that point, maybe the HOA and those homeowners that put up fences or filled in the channel, will have addressed the issue, and the Council can then take a second look to see where things stood. Councilmember Hamik said the channel has obstructions that prevent it from doing what it's meant to do and somehow the City is being told that it's responsible for the gardens or fences that have been installed by property owner. Additionally, the CC&R's didn't implicate the City as being responsible, and there was still the matter of the packet that was received by the Council yesterday late in the afternoon. Mayor Tanner said he had an opportunity to visit The Summit and go into the actual channels. He explained to the individuals that walked the channel with him that day that this was not a City liability issue, and if the Council accepted the liability for the channel itself, it would be accepting the individual owner's liability for those units that sit on the channel. He said the Council was not here to accept personal liability for 800 feet of property that extends into the channel on each one of those homes. He said Director of Public Works Mark Greenwood offered a compromise, which was to clean out certain drain outlets, but homeowners had to remove obstructions. He said foliage should be cut and not allowed to drop into the channel because it will end up clogging the drain. Another item discussed was walking the channel a couple of times a year, but that wouldn't work, because every time staff went on private property, the City would have to get permission from each of the families. However, as part of a compromise, it was suggested a City crew of four men could clean the entire channel in two days, but not until after all the obstructions are removed. However, it will be the responsibility of the homeowners to maintain the channel from that point on, because the City couldn't accept that liability. He went on to say that once all the obstructions are taken down, and the channel is cleared, those obstructions couldn't be put back up again, because that's what's causing the problems. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 Councilman Spiegel moved to continue this item to the meeting of December 11, 2014. Motion was seconded by Weber. Councilmember Harnik asked the City Attorney if he's had any opportunity to review the CC&R's. Mr. Erwin answered yes, stating it was the responsibility of the owners to maintain the drainage channels open and not put any obstructions. He offered to provide the Council with a copy of the full CC&R's outlining the provisions as they apply to this matter, which he believes will be helpful to the Council. Responding to question, he said the CC&R's mentions in several places that it is the owner's responsibility not to intervene with drainage and place no obstructions. There is the possibility that the homeowner's association did have the power to provide for drainage, which is one of the provisions of the CC&R's. Therefore, not only are the individual owners of the lots required to maintain the channel, the HOA has the discretion to step in as well. Councilmember Harnik asked that in the matter where the house is in foreclosure, would that be a situation where the HOA would step in. Mr. Erwin answered yes, stating the HOA had that alternative. Councilman Spiegel reiterated his motion to continue this matter. Councilmember Harnik said she wished to discuss the matter further. Mayor Tanner concurred, stating he went to The Summit to make his own observations, and at that time, he believed the City would be able to work through this issue without an awful lot of legalities. When he went out there and met with the group that invited him, they were unaware the HOA had an attorney and they had not spoken to him, at least not the one's he met on that day. He thought he and the group had come to an agreeable compromise, which was for the City to clean the channel after it was cleared from all obstructions. As far as he was concerned, the removal of all obstruction would take care of the problems. He reiterated it was the homeowner's responsibility to keep the channel clean and not the City's. He said it can be said the City Clerk signed some documents, but from a legal standpoint, the City didn't accept the easements or responsibility, which is why this item had come to the Council. The Council will either accept or reject dedications of easements, but from his point of view, it was pretty cut and dry. Mayor Pro Tem Weber asked for further clarification. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 Mayor Tanner said the City will clean the channel on a one-time basis with the caveat that all the obstructions are removed. He said everyone needed to understand the City would have to get permission from all the homeowners along the channel to have City staff there, because the channel is on private property, the channel was not the property of the City or the HOA. Mayor Pro Tem Weber said she understood that instead of continuing this matter, the Mayor wished to vote to accept and maintain the drains identified in green, but to get it started, the City will do one major cleanup provided the HOA is able to make the homeowners get rid of the obstructions. Mayor Tanner answered yes. Councilmember Benson said she didn't believe it was the City's responsibility to take down the obstructions. Mayor Tanner agreed, stating the City is going to require the homeowners to take the obstructions down. Councilmember Benson stated that if this item is continued to the first meeting in December, it wouldn't be enough time for the homeowners to remove the obstructions, stating the continuance needed to be extended. Responding to question, Mayor Pro Tem Weber said she wasn't making a motion, she was just asking for clarification, because what the Mayor was suggesting was different than staffs recommendation, therefore, she presumed the Mayor was trying to make a motion. Mayor Tanner said he couldn't because there was already a motion on the floor. Mayor Pro Tem Weber agreed a continuance to December was not providing enough time, because the Council didn't have confidence the HOA will get homeowners to remove/clean the obstructions. Mayor Tanner stated the Council would accept to maintain the entrance and the exit drains, but obviously, the City won't be able to do so with the existing obstructions to the channel. Secondly, once all the obstructions are removed, the City will do a one-time cleansing of those channels. Mayor Tanner's substitute motion is to accept certain offers of dedication with the Map of Tract 13008 (The Summit) as outlined in the staff report, and conduct a one-time cleansing of the channel once all the existing obstructions are removed by the property owners. Motion was seconded by Harnik. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 Mayor Tanner noted there would be no time limit. Councilman Spiegel pointed out there are people in the audience that wished to speak, and the public hearing is not supposed to be reopened. He agreed with Councilmember Benson about providing more time to see what the homeowners can do; therefore, he was in favor of continuing this item to the first meeting in January. Mayor Tanner asked for direction from the City Attorney in reference to reopening the public hearing. Mr. Erwin explained the Mayor opened and closed the public hearing; therefore, his suggestion is to re -notice the public hearing if the Council wished to open it up again. Councilmember Hamik retracted her second on Mayor Tanner's motion. Councilman Spiegel amended his motion to continue this item to the meeting of January 8, 2015. Motion was seconded by Benson and carried by a 5-0 vote. Mayor Tanner asked if this item will be re -noticed. Ms. Klassen answered no, because the Council is continuing this item to a date certain. Therefore, staff will post a notice on the City's bulletin board and place it on the agenda. Mayor Tanner announced to the audience that those still interested in speaking on the matter can do so at the January 8, 2015, meeting. Councilman Spiegel asked staff to let the Council know what the channel looks like at that point. Mr. Greenwood agreed, stating he will enlist the help from Code Enforcement. B. CONSIDERATION OF AMENDMENTS TO THE PALM DESERT MUNICIPAL CODE, TITLE 5 - BUSINESS TAXES, LICENSES, AND REGULATIONS - CHAPTER NOS. 5.87 AND 5.90, AND TITLE 25 - ZONING - CHAPTER NOS. 25.16, 25.58, 25.34, AND 25.99 - PERTAINING TO THE REGULATION OF MASSAGE ESTABLISHMENTS, BASED ON ASSEMBLY BILL 1147, Case No. ZOA 14-351 (City of Palm Desert, Applicant). Assistant Planner Kevin Swartz stated in May 2013, the Council amended Chapter 5.87 and 5.90 to ensure the City was in compliance with the 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 provisions of SB 731, AB 619, and SB1238 regarding massage practitioners and massage establishments. Since SB 731 was widely criticized by local agencies, AB 1147 was recently signed by Governor Jerry Brown, which allows local agencies to impose reasonable zoning, business licencing, and health and safety requirements for massage businesses. He said AB 1147 will take effect on January 1, 2015, which revises prior legislation. Based on AB 1147, staff is proposing amendments to Chapter 5.87 and 5.90, stating the main changes in these chapters are related to enforcement. The proposed amendments provide for quicker revocation of city registration when warranted, as well as processes for a purchase order and re -application. Additionally, if a massage establishment permit is suspended or revoked, the suspension may be effective immediately upon the City Manager's request, stating this was not the case under SB 731. To compliment those amendments, staff is also proposing zoning amendments, which the Planning Commission recommended approval on November 4, 2014. Staff is proposing to group massage establishments into two categories, the independent stand-alone massage establishment and accessory massage establishments. Creating the two categories allows each one to be permitted in certain zones. Therefore, independent stand-alone massage establishments would be permitted in the C1 Zone, excluding the El Paseo Overlay District PC2 and PC3 Zones. Accessory massage establishments would be permitted in the C1, Office Professional, PC2, PC3, and PC4, allowing massage establishments to be located within hotels, beauty salons, day spas, gyms, chiropractors' office, etc. Staff is also proposing a distance requirement for all independent stand-alone massage establishments. No independent stand-alone massage establishment will operate within 1,000 feet of any other stand-alone massage business. All existing ones will be allowed to continue business until that business ceases to operate for more than 30 days. The intent of the distance requirement is to promote a better visual character of a destination resort community along the main corridor of the City's Highway 111. He said SB 731 has caused an influx of independent stand -along massage establishments in Palm Desert along Highway 111. Currently, the City maintains twenty-one (21) independent stand-alone establishments throughout the City, and fourteen (14) are located along Highway 111. Staff believes that by placing a distance requirement of 1,000 feet would assist in preserving the quality of development along the City's primary entry ways. He displayed a map with four existing stand-alone establishments with each one having 1,000 feet buffer, noting that if one of those businesses was to cease for more than 30 days, another stand-alone massage would not be able to operate within that 1,000-feet buffer. He said the proposed amendments achieved the City's overall goals while keeping in compliant with AB 1147; therefore, staff recommended approval of the amendments to the Municipal Code. Responding to question, he confirmed the amendments will adhere to what the State wants. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 Mayor Tanner declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1277 to second reading, approving amendments to the Palm Desert Municipal Code, Title 5 - Business Licenses, Taxes, and Regulations - Chapter Nos. 5.87 and 5.90, and Title 25 - Zoning - Chapter Nos. 25.16, 25.58, 25.34, and 25.99 - pertaining to the regulation of Massage Establishments, based on Assembly Bill 1147. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). C. CONSIDERATION OF A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO PUBLIC (P) FOR A VACANT 0.68-ACRE 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 stated this issue dealt with property that is currently owned by the Successor Agency to the Palm Desert Redevelopment Agency at Entrada del Paseo. The property is located between La Spiga Restaurant and Cuistot French Restaurant, stating it was the last undeveloped pad in Entrada del Paseo. Currently the zoning is Office Professional (OP) use. She said in order to complete the development of this property, as is currently envisioned, it needs a Change of Zone (C/Z) to accommodate a gazebo or public space structure, which is consistent with the vision that surrounds Entrada del Paseo to date. She said this rezone will allow this development to go forward for future consideration for a structure or exact use, but it will still require a Conditional Use Permit (CUP) within the public zone. She noted this was a public hearing item and staff sent out notices to all owners of property within 300 feet, and staff did not receive comment or response to the notification in support or opposition to the rezone. Mayor Tanner declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1278 to second reading, approving Change of Zone No. 14-190. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 D. 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. Mr. Aryan stated that in 2009 the City implemented a Vehicle Impound Cost Recovery also known as VICR Fees that charges $140 to offset the financial losses for removing nuisance vehicles from roadways. More recently, the Coachella Valley Association of Govemments (CVAG) Executive Committee approved a draft model ordinance which establishes a Driving Under the Influence (DUI) Vehicle Impound Recovery Fee for potential adoption. The difference from the City's current VICR fee is that it deals primarily with cost recovery associated with DUI traffic collisions, while the other one did not. The proposed Resolution recommends the current VICR fee, non -DUI related to be increased from $140 to $165 to account for the increase in deputy and staff time. Additionally, that a $705 DUI Collision-VICR fee is established if a DUI traffic collision is involved. The City's Public Safety Commission reviewed this matter and recommended a continuance directing staff to develop the appropriate mechanism should someone is acquitted of a violation and sought reimbursement. Mayor Tanner declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. Responding to question from the audience, Mr. Aryan clarified the City was establishing a DUI cost recovery fee for the deputy and staff time in responding to DUI traffic collision. The fee increase is for the current VICR for the removal of nuisance vehicles, stating that some of the commonly associated violations are unlicensed drivers, etc. Councilmember Hamik commented that the Palm Desert community has been accustomed to a certain level of public safety, but with the ongoing and increasing costs, the Council needed to look at ways to offset them. Mayor Pro Tem Weber agreed, but this matter was not about that issue. Councilman Spiegel moved to continue this meeting to the meeting of December 11, 2014. Motion was seconded by Harnik and carried by a 5-0 vote. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer Meeting Summaries for the Period of October 13-31, 2014. Mr. Wohlmuth noted the printed report provided with the agenda packets and offered to answer questions. With City Council concurrence, the Meeting Summaries were received and filed as presented. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY 1. Fire Department None 2. Police Department Lt. Sullivan reported that with the recent changes in legislation relative to bicycle traffic laws, the Police Department was hosting a Safety Workshop on the topic for both bicyclists and motorists on Saturday, November 22, at 8:00 a.m. here in the Council Chamber. He said it was hoped that this outreach would assist with a more amicable relationship in sharing of the roadways between these groups. Upon inquiry about how this event was being noticed, he said the Department was doing a Public Service Announcement, and he'd also asked the Media Information Bureau to do a brief training clip as well. He further confirmed that they were putting the word out to the local bicycle shops and clubs too. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 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 Public Safety Commission — Councilman Spiegel said everyone was aware that Riverside County was building a jail in Indio. He said it was due to be finished in December 2016 at a cost of $375 million, and it will increase the number of beds from 353 to 1,527. He said it was a big deal — a lot of money, but everyone knew it was sorely needed. b) SunLine Transit Agencv — Councilman Spiegel went on to report that SunLine is ready to move into its new office facility, which they haven't had since they started running buses in the Coachella Valley. He said the new office is set to open in late January and is adjacent to the existing office facility there on Harry Oliver Trail. c) CVEP Annual Economic Summit — Councilmember Hamik noted that the Coachella Valley Economic Partnership's Annual Economic Summit was recently held at the J. W. Marriott Desert Springs Resort, and it was excellent. She felt the keynote speaker provided a good deal of relevant information, particularly as it relates to the City's ongoing General Plan Update process. 4. City Council Comments: a) Golf Cart Parade — Councilmembers all agreed that the Chamber of Commerce did another great job with this year's Golf Cart Parade; and it's something the community should take great pride in. Public Works staff was also given large kudos for a very efficient, yet unobtrusive, clean-up operation that was most impressive. b) Veterans' Dav Ceremony on Tuesday, November 11, was also was a great event in the City, with the Boys and Girls Club Heat Wave Jazz Band doing an excellent job, and the keynote speaker providing a wonderful address as well. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 5. Suaaested Items for Future City Council Meetina Aaendas: None XIX. ADJOURNMENT With unanimous consent of the City Council, Mayor Tanner adjourned the meeting at 6:17 p.m. ATTEST: RA E E D. KLASS , CITY CLEtK CITY OF PALM DESERT, CALIFORNIA VAN G. TANNER, MAYOR 33