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HomeMy WebLinkAbout2015-11-12• MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:04 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilman Sabby Jonathan Mayor Pro Tem Robert A. Spiegel Councilman Van G. Tanner Mayor Susan Marie Weber Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Tony Bagato, Acting 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 Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Dan Talbot, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Susan Trevino, Chief, Palm Desert Police/Riverside Co. Sheriffs Department 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 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 OMR IV. ADJOURN TO CLOSED SESSION ...i, Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 627-071-013 (San Antonio Circle/Alessandro West) Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert Property Owner: David & Agnes Holtz Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 201, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Virginia Waring Piano Competition Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(d)(2): Number of potential cases: 2 C. Public Employment pursuant to Govemment Code Section 54957: Title of Position: City Manager Mr. Wohlmuth asked for City Council's consideration of adding an item of Closed Session consideration, which had come up following posting of today's agenda: D. Public Employment pursuant to Govemment Code Section 54957: Title of Position: City Attomey On a motion by Spiegel, second by Hamik, and 5-0 vote of the City Council (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the aforementioned item of Public Employment was added to the agenda for Closed Session. With City Council concurrence, Mayor Weber adjoumed the meeting to Closed Session at 3:05 p.m. She reconvened the meeting at 4:03 p.m. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Wohlmuth reported that in the Closed Session just ended, City Council unanimously appointed Robert W. (Bob) Hargreaves as City of Palm Desert City Attorney. He went on to relate that this was a result of the death of Palm Desert's City Attomey for 42 years, David Erwin, on Saturday, November 7. The City currently has a contract for City Attorney Services with Best, Best & Krieger through 2019; Mr. Hargreaves has been serving as the City's Deputy City Attorney under this contract, and it will be modified to reflect his appointment today. Councilmembers congratulated Mr. Hargreaves, who responded that it was his honor and privilege to be appointed; he looked forward to continuing the legacy and serving the City in this new capacity. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA-Palm Desert Charter Middle School Students Aesia Garban and Seaera Juarez NATIONAL ANTHEM - Palm Desert High School Band VII. INVOCATION - Councilman Van G. Tanner VII1. ORAL COMMUNICATIONS - B MR. GIOVANNI PUCCI, Drum Major, Palm Desert High School Band, was proud to represent his fellow talented students in the Band here today. He said they work tirelessly in hopes of achieving success, and with the aid of the incomparable staff, have been able to realize these dreams — currently ranking 2' in the State of California. Additionally, the Band recently hosted a Western Band Association (WBA) Competition, placing 1st, as well as receiving a 1st place at the Shadow Hills Competition last evening. However, he said that achievement does not come without a price, and on November 21-22, the Marching Band is traveling to Fresno to compete in the WBA Finals, with transportation costs alone for this trip totaling $6,800. As the City of Palm Desert's Official Band, they respectfully requested financial assistance from the City to help cover these costs. The Band then played a piece from their upcoming competition set, followed by their departure for a 5:00 p.m. practice today. Councilmembers and the audience heartily applauded the performance and wished them well in their upcoming competition. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 THE FOLLOWING INDIVIDUALS came forward at today's meeting in support of the CV/Link Project now being considered by the Coachella Valley Association of Governments (CVAG) and the respective city govemments. Those who spoke in favor extolled merits of the proposed pedestrian, bicycle, and low -speed electric vehicle 50-mile mountain -to -sea trail through the Valley to provide a safer venue for all who would use it — bicyclists, walkers, joggers, golf -cart riders — instead of the area's busy vehicular streets that they use currently, especially for those with physical challenges who are able to use recumbent/hand bikes but are very concerned for their safety in doing so today. Further, merits of the economic benefits to be realized with additional jobs and increased revenue from associated tourism were also touted, along with benefits for local residents' being able to use such a desirable amenity. Councilmembers and staff were thanked for their work on the project to date and encouraged to continue moving forward with it. MS. LETITIA COLLINS, Cathedral City, CA, and volunteer for Incight Adaptive Sports. MR. JERRY ALCORN, Palm Springs, CA, and representing Incight Adaptive Sports. MR. ED SCHILLER, Board Member for Friends of CV/Link Board, Palm Desert, CA. MR. EVAN TRUBEE, Big Wheel Tours, Palm Desert, CA. MR. NICK JONES, Palm Desert, addressed the City Council today about grave concems he has for both the financial and organizational functions of the Palm Desert Youth Sports Association (PDYSA). Last year he helped run the local Youth Softball League with PDYSA, and problems arose when he started passing along parental complaints regarding discrimination against the girls. While this in itself is very serious, he would save it for another time, because today his concem was the organization's finances. Recounting several occasions in his dealings with PDYSA that were suspect and where he felt the numbers didn't add up, he implored the City Council to do what it could to shine a light and increase transparency in this organization, particularly in Tight of recent arrests of the former treasurer of Indio Baseball and with the Coachella Soccer League losing fields due to failure of the League's Board to be transparent. He said it was paramount to protect the kids who play baseball and softball in Palm Desert. Registrations need to be handled soon, and things must change to include some checks and balances; he could not in good conscience pay money to a league that provides zero transparency. The only forms available to view are the 990 Tax Returns, but they don't add up — containing numerous questionable expenses (e.g. $18,000+ telephone expenses; $20,000 Professional Fund-raising Fees in a year; $140,000 of depreciation costs over the years, etc.). Further, the snack bar loses money year after year, to the tune of over $46,000 under current leadership; but amazingly, it broke absolutely even in 2010. He asked how a snack bar with no rent or payroll loses money for 8 of the last 10 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 years. Everything in PDYSA is done behind closed doors, with questions and suggestions being shunned. Annual elections are required in the bylaws, but they're not held; although, Soccer has them every year here in Palm Desert. The current board has never been duly elected by the members, which are the parents and sponsors of the league. Board meetings are admittedly not held. The pdysa.org website has shown three different boards in the past two weeks alone, and he's kept track of all the changes, with even more occurring during the season. He understood the league was run by volunteers; but if the current president says he wants someone else to take over, then why doesn't he allow it to happen when there are plenty of good people who would do so? New leadership is needed for the organization, along with a new system of total transparency being implemented that could be an example to all youth organizations locally and nationally. He offered to spend his own time in making this happen with the technology currently available. Lastly, he said the City has given thousands of dollars to PDYSA, and he respectfully requested the City demand an audit of those books. If all cash and registrations are accounted for and deposited in the bank, then there should not be so much resistance from those with the information. He added that no one wants to see the kids suffer, good govemance and transparency should not be resisted — let the City and the Youth Sports Organization set the examples for others to follow — many parents want to become involved and help this happen and sought the City's help in doing so. Mayor Weber said that per the Brown Act, City Council could not respond at this time, but the comments were very much appreciated. Representatives of the Desert Cancer Foundation's "PAINT EL PASEO" PINK" Event — MS. PAULA SIMONDS, MR. FRANK HARRISON, MS. ELYSSA WEINTRAUB, and MS. DEBORAH McGARREY extended sincerest appreciation to the City Council for its support of their 9th annual event held Saturday, October 10. The event is unique to the City, the Coachella Valley, and the Desert Cancer Foundation, as it brings together people who want to honor, support, and remember those faced with breast cancer. This year over 1,200 walkers were registered, with even more actually participating that day in the spirit of the cause, and approximately 100 volunteers assisted, along with Palm Desert High School Cheerleaders there to cheer on the participants. Participants were given a pink "Fashion Must -Have" reusable bag, which was available due to the City's generous support. Merchants on El Paseo were also thanked for their warm reception for the organization and event participants. MR. JOHN WINTERS, Palm Court, Palm Desert, said his property backs up to the DesertArc facility. While he's been a supporter of their organization the past 20 years, he wanted bring to Council's attention that they've been illegally parking their 22 buses on the undeveloped City lot that is adjacent to DesertArc. It seemed to him that City Code Enforcement was turning a blind eye to this occurrence, even though he and his neighbors have made several complaints. He acknowledged that the City gave a temporary parking permit on its property to help accommodate the 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 buses during construction at DesertArc, but that's been done for six months, and the buses remain with the associated noise and dust — a virtual bus terminal behind his home. Further, he understands that a 36-unit affordable housing facility is being planned for this site, and the neighborhood would strongly oppose, adding that Temple Sinai attempted a similar facility some 10 years ago, and the neighbors petitioned against it. There is too much traffic generated by the Temple and the two adjacent shopping centers (Albertsons, Bristol Farms). He said there has also been an increase in crime on his street, with six break-ins in the last two years, but he's yet to see any police patrol during the evenings. For now, he would be happy if the City would do something about the bus parking, while future development of the site could be addressed later. By comparison, he's been a local real estate agent for the last 18 years, and if he posts an open house sign that's too close to the curb, Code Enforcement would remove it immediately. Meanwhile, the 22 buses parked on a dusty lot in his neighborhood seem to be okay, and he was very disappointed by this lack of consistent oversight. Mayor Weber thanked Mr. Winters for his comments and said the City Manager would be looking into the concems he raised today. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, NOVEMBER 12, 2015, AS "MICHELLE McLAUGHLIN CHERLAND DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Weber presented the framed proclamation to Ms. McLaughlin Cherland for her outstanding contributions, most recently being recognized as Riverside County "Teacher of the Year," followed by last month being named as one of five 2016 California State "Teachers of the Year." In addition, while being an outstanding educator, she's also served three tours of duty in the Middle East as a U. S. Army Reservist. Ms. McLaughlin Cherland expressed sincere gratitude forthe recognition and said even though she's lived many places in her lifetime, she always considers Palm Desert to be her "hometown" and has great affection for the lifestyle here. She went on to thank Desert Sands Unified School District for its support and her family in attendance, including her father, who had been a longtime principal in the District. B. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, NOVEMBER 12, 2015, AS "CAROLE SCHAUDT DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Weber presented the framed proclamation to Ms. Schaudt, in recognition of her outstanding volunteerism. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 Ms. Schaudt thanked the Mayor for this honor and said volunteering had always provided her at least as much, if not more, benefit than what she was giving in return. She thanked her husband and family for both their support and being here helping celebrate today. C. PRESENTATION OF PROCLAMATION DECLARING NOVEMBER 28, 2015, AS "SMALL BUSINESS SATURDAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Weber presented the proclamation by reading it aloud, adding that it will be delivered to the Palm Desert Area Chamber of Commerce to proudly display, and she reminded everyone to shop locally on November 28. D. INTRODUCTION OF DEPUTY ZACHARY TAYLOR AND DEPUTY CHRISTIN ROGERS TO HONOR THEIR OUTSTANDING CONTRIBUTIONS TO THE CITY OF PALM DESERT'S POLICE DEPARTMENT, AS RECENTLY RECOGNIZED BY MOTHERS AGAINST DRUNK DRIVING ("MADD"). Capt. Susan Trevino introduced Deputy Taylor and Deputy Rogers, providing biographical information about each, noting that Deputy Taylor arrested 84 persons for driving under the influence in 2013 and 2014. She went on to report that Deputy Rogers arrested 98 individuals for impaired driving in 2013 and 2014. Both of them were recognized by Mothers Against Drunk Driving for these admirable statistics, and Capt. Trevino noted that the threshold for being considered for recognition was at least 25 impaired driving arrests. She heartily congratulated both for their accomplishments and for their service to the City of Palm Desert and Riverside County Sheriffs Department. E. INTRODUCTION OF PALM DESERT'S NEW K9 TEAM OF DEPUTY PATRICK MUSHINSKIE AND RIO. Capt. Susan Trevino formally and proudly introduced and welcomed Palm Desert's new K9 Team of Officer Mushinskie and Rio, both of whom were quite accomplished each in their own right. It was noted that Rio was 31A years old from Holland and is a rare blue Malinois. Before coming to the U.S., he competed in a countrywide K9 event in Holland where he placed at the top. Councilmembers congratulated all the Police Department Officers present today and expressed gratitude to them for keeping Palm Desert safe. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 Mali X. CONSENT CALENDAR ...r A. MINUTES of the Regular City Council Meeting of October 22, 2015. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 10/5/2015 - 10/15/2015, 10/21/2015 - 10/31/2015, and 10/30/2015. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 10/2/2015, 10/9/2015, 10/16/2015 - 10/31/2015, 10/23/2015, and 10/30/2015 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of September 2015 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of July 8, 2015. 2. Audit, Investment & Finance Committee Meeting of September 22, 2015. 3. Library Promotion Committee Meeting of February 18, 2015. 4. Marketing Committee Meeting of September 15, 2015. 5. Parks & Recreation Commission Meeting of September 1, 2015. 6. Public Safety Commission Meeting of May 13, 2015. 7. Youth Committee Meeting of October 5, 2015. Rec: Receive and file. F REQUEST FOR AUTHORIZATION to Issue a CaII For Entries Seeking Artists for the 2017/2018 El Paseo Exhibition (Contract No. C34780). Rec: By Minute Motion, authorize staff to issue a Call For Entries Seeking Artists to exhibit in the 2017/2018 El Paseo Exhibition. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 G. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal — Miscellaneous Office Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as appropriate. H. RESOLUTION NO. 2015 - 86 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Records from the Department of Community Development, as Indicated in the Records Retention Schedule (Adopted May 14, 2015) — Records Dated 1974-2000 (Exhibit A). Rec: Waive further reading and adopt. I. RESOLUTION NO. 2015 - 87 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Records from the Office of Finance, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) - Records Dated 1983-2011 (Exhibit A). Rec: Waive further reading and adopt. J. REQUEST FOR RATIFICATION of the City Manager's Authorization for Additional Engineering Costs to Contract for Construction Documents for the El Paseo Multi -Use Community Center (a.k.a. Entrada Pavilion Project) (Contract No. C33970A). Rec: By Minute Motion, ratify the City Manager's authorization for additional engineering costs to the subject contract with JMA Architecture, Inc., Palm Desert, California, in the amount of $2,500 for the El Paseo Multi -Use Community Center (a.k.a. Entrada Pavilion Project) —funds are available in Account No. 4004679-4400100. K. REQUEST FOR AUTHORIZATION to Purchase One Flatbed Pickup Truck from Fairview Ford of San Bemardino in the Amount of $40,939.26. Rec: By Minute Motion, authorize purchase of one (1) flatbed pickup truck from Fairview Ford of San Bemardino, Califomia, in the amount of $40,939.26 — funds are available in Account No. 5304195-4404000 - Equipment Replacement. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 L. REQUEST FOR AUTHORIZATION to Purchase a One -Ton Dump Truck from Fairview Ford of San Bernardino in the Amount of $36,943.26. Rec: By Minute Motion, authorize purchase of a one -ton dump truck from Fairview Ford of San Bemardino, Califomia, in the amount of $36,943.26. M. REQUEST FOR APPROVAL of Program Supplement Agreement No. 011-N for Federal Aid Funds Between City of Palm Desert and the State of Califomia Department of Transportation for Construction of the Portola Avenue STP Rehab Project (Contract No. C34290A, Project No. 672-13). Rec: By Minute Motion: 1) Approve Program Supplement Agreement No. 011-N between the City of Palm Desert and State of California Department of Transportation (Caltrans) for Construction of the Portola Avenue STP Rehab Project; 2) authorize the Mayor to execute said Agreement — approval will allow City to receive Federal STP funds for the project. N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34530 — Tamarisk Row Micro -Mill Project (Project No. 621-16) (Pavement Coatings Company, Jurupa Valley, 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. O. REQUEST FOR AUTHORIZATION to Commission an Artist to Paint Design on the Set of Two (2) Traffic Signal Cabinets on the Northwest Corner of Fred Waring Drive/Portola Avenue (Contract No. C34790). Rec: By Minute Motion, authorize commissioning of an artist to paint design on the set of two (2) traffic signal cabinets on the northwest corner of Fred Waring Drive/Portola Avenue — funds are available in Account No. 4364650-4400100, no General Fund money will be expended. P. REQUEST FOR AUTHORIZATION to Commission an Artist to Create Artwork for a Vinyl Wrap to be Placed on the Set of Two (2) Traffic Signal Cabinets on the Southeast Corner of Magnesia Falls Drive/Portola Avenue (Contract No. C34800). Rec: By Minute Motion, authorize commissioning of an artist to create artwork for a vinyl wrap to be placed on the set of two (2) traffic signal cabinets on the southeast comer of Magnesia Falls Drive/Portola Avenue — funds are available in Account No. 4364650-4400100, no General Fund Money will be expended. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 Upon a motion by Tanner, second by Spiegel, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2015 - 88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT LOCATED OVER PORTIONS OF LOTS "AH" AND "T," AND THE RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY PURPOSES OVER ALL OF LOT "T" OF TRACT NO. 31490-1 UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. Mr. Greenwood stated that when the Ponderosa Homes Development was originally approved, it included this access point on the western boundary of the project. The developer has since changed some of the design and wishes to build a home on this lot that was formerly designed as an access point and utility corridor. None of the utilities were ever installed and the access point was never actually connected to Cortesia Drive, which would be the closest street. The Fire Marshal has approved the removal of this access point as there are two other emergency access points available. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2015 - 88. Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. RESOLUTION NO. 2015 - 89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (CVB) AMENDED AND RESTATED JOINT POWERS AGREEMENT. Tourism & Marketing Manager Donna Gomez stated this item was a housekeeping item and was brought to the City by the Convention & Visitors Bureau (CVB). The proposed resolution addresses a few things that are required by State law, which was initiated by the change of the name of the CVB to the "Greater Palm Springs Convention & Visitors Bureau. She noted there was no change to any calculations or contributions on the City's part. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2015 - 89. Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). C. RESOLUTION NO. 2015 - 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM. Ms. Moore stated that the Mortgage Credit Certificate Program is run by the County for the purposes of providing a tax credit on certain income households for the purchase of a home. The 20% interest that the buyer pays can be claimed as a tax credit on their tax return and the rest would be a deduction under their deductions. The program is run by the County, but they do offer the City of Palm Desert an opportunity to participate in it. As of the last two years, no one in Palm Desert has taken advantage of the program, but she didn't want to close the door on this option. She said this program is for an income group that the City didn't serve under the affordable housing programs because it's a little bit higher. Mayor Pro Tem Spiegel asked how was the information about the program getting out to the public. Ms. Moore replied it is advertised in the Bright Side Newsletter at least once a year, and staff makes sure the County includes Palm Desert in their distribution. Further responding, she said the County distributes the information as part of their program, but she wasn't sure if they had their own newsletter. However, the County is required to publish it in the newspaper, which could be the Press Enterprise or The Desert Sun. Councilmember Harnik commented that it sounded like such a great program and wondered why in two years no one had used it. She questioned if the information could be provided to Realtors. Ms. Moore explained that the housing market is just now coming back, and the housing price in this program is between $350,000 and $450,000, which is the price range that is happening now. The last couple of years home prices were not that high, which is why there wasn't participation. She said this program gives people a tax credit on their tax return, so that the buyer can afford a little bit more of a house, and giving those people who were probably priced out of the market an opportunity to now use the program. Councilman Tanner asked how concrete was the interest rate of 4 percent, because they are currently substantially lower on a 30-year fix loan. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 Ms. Moore agreed, stating the interest rate was between 3.5 and 4 percent, but depending on the credit history of the borrower, it ranged between 3.75 and 4 percent. Further, if the interest rate went up, the County reviews the program to determine if adjustments need to be made. She noted there is a recapture tax that would need to be paid back if the house is sold within nine years, but obviously, the idea is that when a home is bought, the buyer plans to stay there. Councilman Tanner moved to waive further reading and adopt Resolution No. 2015 - 90. Councilman Jonathan added that there may be an opportunity to disseminate information with the things the SMART team is developing as they move forward with the new Facebook page and app, etc., stating there could be opportunities to link the program to the County Website. Ms. Moore noted the information is posted on the Housing Department's page on the City's website as well. Councilman Jonathan seconded the motion and it carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). D. RESOLUTION NO. 2015 - 91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ITS RESOLUTION NO. 2013-14 AND RESTATING ITS POLICY ON THE OFFICE OF MAYOR AND THE OFFICE OF MAYOR PRO-TEMPORE. Mr. Wohlmuth stated the resolution setting forth the rotation of Mayor and Mayor Pro Tem in the City of Palm Desert hasn't been changed for some time. With new councilmembers coming on board and with the rotation of Mayor Pro Tem to Mayor, staff discovered there was some confusion on where to place a new councilmember in that rotation. The proposed Resolution identifies the process in which the Council utilizes to have a fair and consistent rotation of Mayor Pro Tem and Mayor. This matter was discussed at the Team -Building Retreat and the proposed Resolution sets that process in place. Councilman Tanner moved to waive further reading and adopt Resolution No. 2015 - 91. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 XIII. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1298 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVISING SECTION 2.52.710 OF THE PALM DESERT MUNICIPAL CODE - PERSONNEL SYSTEM, BENEFITS - SICK LEAVE. Human Resources Manager Lori Carney stated the proposed Ordinance updates the City's regulations to be compliant with changes in California state law and Federal regulations. Councilman Tanner moved to waive further reading and pass Ordinance No. 1298 to second reading. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 2. ORDINANCE NO. 1299 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.97 OF THE PALM DESERT MUNICIPAL CODE, ADDING SECTION 5.97.115 - TEMPORARY PERMITTED USES - ALLOWING FOOD VENDING TRUCKS TO OPERATE WITH LESS RESTRICTIONS IN FOUR DESIGNATED AREAS ON A TEMPORARY BASIS UNTIL DECEMBER 31, 2016. Councilmember Harnik stated she would recuse herself from this item due to a potential economic conflict and left the Council Chamber. Associate Planner Kevin Swartz stated that on October 27, 2015, the Food Truck subcommittee met and discussed possible locations where food trucks could operate with fewer restrictions. The subcommittee identified four areas which they believe were appropriate for food trucks to operate while exempt from Sections 5.97.110 (A), (J), and (K), on a temporary trial period until December 31, 2016. Chapter 5.97 would still apply to all other areas within the City regarding how food trucks are regulated. The following are the four identified areas within the City: 1) Civic Center Park - The subcommittee chose this location because of the proximity to College of the Desert, the YMCA, govemment and professional offices and residential homes. Food trucks will be allowed to serve the residents attending events within the park, as well as weekday and weekend park users; 2) Cook Street Industrial Business Park - The subcommittee chose this location because of the large amount of businesses and employees within the area. Currently, there are four existing eateries (Mamacitas, Alkobar, The Lunch Box, and Jensen's) in this area. Food trucks will be able to compete with these eateries, 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 but not be able to park in front of the stores or within their parking lots. The designated area is along the east and west side of Cook Street between Sheryl Avenue and Hovley Lane East. Vending food trucks will not be able to park, stop, or stand on Cook Street; 3) Dinah Shore Industrial Business Park - The subcommittee chose this location because of the industrial and business offices within the area. The designated area is north of Dick Kelly Drive between Gateway Drive and Dinah Shore Drive. Food vending trucks will not be able to stop, park, or stand along Dinah Shore Drive; 4) California State University. San Bernardino Palm Desert Campus - The University is not governed by the City, but the University has expressed interest with food trucks. Therefore, the subcommittee added this area to help assist the University. During the trial period, staff will observe the locations in regards to negative or positive impacts on the community. If the program assists the food truck vendors and the residents of Palm Desert without complaints, then the subcommittee will make recommendations to Chapter 5.97 and bring back for Council's consideration. Mayor Pro Tem Spiegel questioned if the three or four restaurants on Cook Street were aware of this Ordinance, and secondly, has staff talked to the food truck vendors to see if they are interested in the designed areas. Mr. Swartz replied that the restaurants were not aware of the Ordinance. In response to the second question, he's reached out to food truck vendors in San Diego, Los Angeles, Riverside, and within the Coachella Valley. He said El Paseo was their first choice with the Cook Street Industrial Business Park being their second choice. Further responding, he said they are also interested in the Civic Center Park. Councilman Tanner asked if food truck vendors would be allowed to park on Hovley or Cook Street. Mr. Swartz answered no, stating they will park on interior streets. Further responding, he said on the east side of Cook Street, food trucks will be allowed to park in interior streets like Beacon and Meryl, and if they park in the parking lot, vendors will need to work it out with the property owner. Councilman Tanner asked about parking at the Civic Center Park. Mr. Swartz said vendors will be able to park on the grassy area and the parking lot south of the existing skate park. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 Councilman Tanner asked it the subcommittee meet. Councilman Jonathan answered yes, stating he was fortunate to participate in the subcommittee. One of the things that came out of the meetings, which he particularly liked and was part of staffs recommendation, is the one-year trial period. He said this was an opportunity to see if it works, see if there's interest on the part of the food truck industry, and see how people in these areas react. He said it will help the City identify problems, if any, and deal with them in a timely manner. He added the four limited areas identified were the ones the subcommittee felt made sense from the food truck and City's standpoint. He noted the identified areas are very far from any of the sensitive areas the Council had concerns about. Councilman Jonathan moved to waive further reading and pass Ordinance No. 1299 to second reading. Motion was seconded by Spiegel and carried by a 3-1 vote (AYES: Jonathan, Spiegel, and Weber; NOES: Tanner; ABSENT: Hamik). B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR ESTABLISHMENT OF AN INTERNAL SERVICE FUND 577 FOR COMPENSATED ABSENCES IN THE CITY OF PALM DESERT. Mr. Gibson requested establishing Fund 577, which would be a new fund. He said that for Fiscal Year 2013/2014, Finance transferred $2.7 million into the Retiree Health Fund to cover the compensated absences, those being accumulated vacation and sick time. In discussing this matter with the auditors, they prefer that the City establish this new fund (Fund 577), specifically for this purpose. Therefore, Finance is proposing to establish Fund 577 and transferring the $2.7 million from the Retiree Health Fund, add an additional $56,000 to cover what the reserve would be at the end of the 2014/2015 fiscal year, and appropriating $82,402 to cover for the retirees that retired during this last year. Mr. Gibson confirmed Finance was only creating a new fund, and this was not a new expense. Mayor Pro Tem Spiegel moved to: 1) Waive further reading and adopt Resolution No. 2015 - 92, establishing an Internal Service Fund 577 for compensated absences in the City of Palm Desert; 2) by Minute Motion: a) Approve a transfer in the amount of $56,000 from the General Fund to Compensated Absences Fund; b) appropriate $82,402 to Compensated Absences Fund. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 B. REQUEST FOR ACCEPTANCE OF CALCOPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING (SLESF) FOR FISCAL YEAR 2015-2016. Mr. Aryan stated the City receives CALCOPS Funds annually toward reducing crime and helping pay for public safety services and equipment. To process this grant a few years ago, there was a controller reporting requirement from the State and a County oversight committee, but it has changed. Now, all that is required is City Council approval of a spending plan as outlined by the Chief of Police, which is included in the Staff report. He said that approximately 40% of the funds are set aside each year for the Holiday Theft Suppression Program, which runs from Black Friday through Christmas Day, with remaining funds going toward equipment, services, and supplies. He said the Public Safety Commission did not review this item, because their meeting was on a holiday. He noted that the recommendation is aligned with the City's Strategic Plan under Public Safety Services Priority 1, which is to Enhance the Delivery of Public Safety Services. Mayor Pro Tem 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 the costs of the 2015 Holiday Theft Suppression Program and miscellaneous equipment, services, and supplies to support front-line law enforcement services. Motion was seconded by Harnik. Councilmember Harnik commented she looked forward to seeing the mounted posse at the Westfield Mall again this year. Councilman Jonathan asked if the grant was from the State. Mr. Aryan answered it was. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). C. REQUEST FOR AWARD OF CONTRACT TO EARTH SCULPTURES, INC., IN THE AMOUNT OF $110,239 FOR THE PORTOLA AVENUE SIDEWALK RELOCATION LANDSCAPE PROJECT (CONTRACT NO. C27690E, PROJECT NO. 933-07). Mr. Greenwood reported this was the final phase of the Portola/Fred Waring free right -turn project. He noted that staff recommended award of contract to a local contractor. Councilman Tanner moved to, by Minute Motion: 1) Award subject contract in the amount of $110,239 to Earth Sculptures, Inc., Indio, Califomia, for the Portola Avenue Sidewalk Relocation Landscape Project; 2) authorize Director of Finance to set aside a 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 10% contingency in the amount of $11,023.90; 3) authorize the Mayor to execute said contract —funds are available in Account No. 4004438-4400100 - Portola Sidewalk Capital Project Fund. Motion was seconded by Spiegel Responding to question, Mr. Greenwood confirmed funds for this project was in the budget. Councilmembers expressed their appreciation for a job well done, specifically, for the curvature into the right-hand turn, which is very pretty, and for the open space that was created at the north west corner, including the safety features that were added on each side of Portola. Additionally, they thought it was creative how the safety bars were installed in the small amount space that was available. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). D. REQUEST FOR AWARD OF CONTRACT TO HARDY AND HARPER, INC., IN THE AMOUNT OF $647,000 FOR CONSTRUCTION OF THE PORTOLA AVENUE STP REHAB PROJECT (CONTRACT NO. C34290, PROJECT NO. 672-13). Mr. Greenwood said this project is to pave Portola Avenue from Country Club Drive up to Desert Willow Court, a very old and bumpy part of Portola. He added that roughly half of the money will come from federal funding and approximately $21,000 from using recycled rubber. He said they will use recycled asphalt for the base and recycled rubber asphalt for the final cap. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Award subject contract, including Bid Altemate #1, for Construction of the Portola Avenue STP Project to Hardy and Harper, Inc., Santa Ana, Califomia, in the amount of $647,000; 2) authorize Director of Finance to set aside 10% contingency for the project in the amount of $64,700; 3) authorize Mayor to execute said contract — funding is available in Account Nos. 1104311-4332000 - General Fund Street Maintenance and 2134311-4332000 - Measure "A" Fund Street Maintenance. Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). E. REQUEST FOR AWARD OF CONTRACT TO ROSA LOWINGER & ASSOCIATES IN THE AMOUNT OF $15,000 FOR RESTORATION OF "PEACE MEMORIAL," AN ARTWORK IN THE CITY OF PALM DESERT'S PUBLIC ART COLLECTION (CONTRACT NO. C34810). Management Analyst Deborah S. Glickman stated this item is conceming the artwork located at the Civic Center parking lot, the Peace Memorial, which has been there since 1991. She said the piece needs a little TLC and touch up. Responding to question, she confirmed this item went out to bid, and 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 although local companies were contacted, none chose to bid. There were also three companies from the Los Angeles area that were contacted, and two of them partnered under this one proposal. Although only one proposal was received, Rosa Lowinger received excellent reviews as she checked several references of hers with major collections. Councilman Jonathan asked if $15,000 was in line for the TLC repair required. Ms. Glickman said she too had that specific conversation with Ms. Lowinger and questioned if that was a realistic number, because there is a fair amount of work that needs to be done. The piece has a lot of substructure and concrete below that may need repair, and the marble itself is cracking and crumbling in some places. Additionally, the vendor will have to replace some sections, so for the amount of work that is required, she felt the City was getting a good deal. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Award subject contract in the amount of $15,000 to Rosa Lowinger & Associates, Los Angeles, California, for restoration of "Peace Memorial," an artwork in the City of Palm Desert's Public Art Collection; 2) authorize Mayor to execute contract; 3) appropriate funds in the amount of $15,000 from the Public Art Fund's Repair and Maintenance Account, No. 4364650-4337200 for same. Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). F. REQUEST FOR APPROVAL OF MEDIA PLAN FOR FISCAL YEAR 2015-2016 AND AUTHORIZATION TO CREATE PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $403,000 FOR MEDIA BUY EXPENDITURES RELATED TO CITY MARKETING SERVICES CONTRACTOR H & L PARTNERS EXECUTING SAID MEDIA PLAN (CONTRACT NO. C34640). Tourism & Marketing Manager Donna Gomez stated this was for approval of a Media Plan and related budget. As noted in the staff report, the City is working with a new advertising agency this year and staff is excited about the new strategy that has been proposed. She said a full analysis has been done and it found that the City would get more of a retum on investment if it looked at the local market. She said staff is viewing this as a transition year with the new agency and looking at putting a majority of the advertising dollars into the drive market. Staff recommended approval of both the Media Plan and the related funding, which is in the budget. Mayor Pro Tem Spiegel commented that H & L Partners was a great company and the City was lucky to have them, stating staff did a good job of acquiring them. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Concur with the Marketing Committee's recommendation and approve the Palm Desert Media Plan for Fiscal Year 2015-2016; 2) authorize creation of a purchase order in an amount not to exceed $403,000 for said Media Buy expenditures related to H & L Partners executing said Media Plan, per subject contract — funds are available in the approved FY 2015-2016 Budget, and additional funds are available for cooperative advertising opportunities with various community entities, such as Desert Willow, hotel properties, and El Paseo Business Improvement District, as well as local attractions; no additional funds are being requested as part of this item. Motion was seconded by Hamik. Councilman Jonathan asked if digital media was primarily social media. Ms. Gomez answered yes, stating it was social media and advertising on Facebook, etc. Councilman Jonathan commented he liked that 70% of the expenditures, which is under the budgeted amount of $500,000, was going toward digital. Ms. Gomez pointed out that every year the City had slowly added additional money toward digital, and this year it was making a strong play in that market. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). G. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE HOUSING COST ASSOCIATED WITH A DIRECT SALE IN DESERT ROSE — 43755 KELSEY COURT (APN 634-241-034) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Ms. Moore said this was a direct sale where the buyer needs a certain portion of their down payment as a subsidy. She said this was a 30-year loan, and because it's a direct sale, the Agency did not have to participate, with the exception of the down payment assistance. She noted this was a foreclosure that will be coming back into the program, which made her very happy. Responding to question, she confirmed the buyer qualified for low-income housing. Mayor Pro Tem SpiegelNice Chairman moved to, by Minute Motion: 1) Approve a silent down payment assistance loan associated with a direct sale in Desert Rose, not to exceed 40% of a sales price of $131,750 to ensure an affordable housing cost pursuant to California Health & Safety Code Section 50052.5, for a qualified low- or moderate - income household from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation); 2) authorize 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize the Mayor to execute; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Authority Chairman and/or the Authority's Executive Director, or his designee, to finalize and execute any ancillary documents necessary to effectuate the actions taken herewith — monies are available in the appropriate account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR ADOPTION OF A RESOLUTION, FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY LOCATED ALONG THE SOUTH SIDE OF SAN ANTONIO CIRCLE, EAST OF MONTEREY AVENUE, IN PALM DESERT, CALIFORNIA, OTHERWISE KNOWN AS A PORTION OF A.P.N. 627-071-013, FOR THE ALESSANDRO WEST IMPROVEMENT PROJECT. Mr. Alvarez stated the City is proposing to acquire the subject property. Staff made contact with the property owner and they have requested a 30-day continuance or to the next City Council meeting, allowing them to have an appraisal conducted on their own. Staff recommended opening the public hearing to hear public testimony, if any, then continue the public hearing to December 10, at which time, staff will return with a recommendation. Mayor Weber declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. No public testimony was offered, and she left the public hearing open. Councilmember Hamik moved to continue the public hearing to December 10, 2015. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 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 the report was provided to the Building Industry Association both in the Coachella Valley and Riverside. He said they did have several suggestions, which the City Attorney addressed. Staff had a meeting with the City Manager to discuss the fact that the City was over the five-year limit and had come up with a plan to address the issue. Councilman Jonathan asked if the City was taking steps to ensure that all the funds are properly utilized before they have to be refunded under the law. Mr. Gibson replied that staff was trying to get below the five-year limit by next year, which is the goal the City Manager was pushing toward. Mr. Wohlmuth explained that there were really two issues here, one is developing a plan to get to that limit, because with the dissolution of redevelopment, these funds are important for future projects such as the north sphere park. Therefore, the strategy is to save the money for planned projects without redevelopment. Secondly, often when going through the budget process, General Fund dollars are budgeted per project like NC units, new playground equipment, but whatever they are, they are capital in nature. Therefore, the strategy now is to utilize Development Impact Fee Funds first, then General Fund dollars, stating the City hadn't been doing that for the past couple of years. Mayor Weber declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Councilman Tanner agreed with the proposed strategy in order to be in compliance. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2015 - 94, making certain findings pursuant to Califomia Govemment Code Section Nos. 66001 and 66006. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of October 12-30, 2015. Mr. Wohlmuth noted the printed report in the packets and offered to answer questions. Responding to Councilman Jonathan's question on the General Fund Report reflecting that revenues were substantially down from the budget and somewhat down from the same period last year, he said it was mostly attributable to timing. He offered that the City was now coming into its high sales tax season in the current quarter, and revenues should bounce back. Further, T.O.T. (Transient Occupancy Tax) seems to be trending on par with budgeted revenues, even slightly higher. Councilman Jonathan added it was something to consider for the future, because it reflected $1 million down from the budget. Mr. Gibson pointed out that there is also a slight quirk in the City's new mainframe computing system in the reports generated. He said it doesn't allow monthly budgeting, which tends to skew the numbers from the manner they've been reported in prior years. He was working on that situation for the future. He confirmed that there was nothing to be worried about in the budget at this time. With City Council concurrence, the Meeting Summaries were received and filed. 2. American Public Works Association Awards Mr. Wohlmuth reported that the City's Public Works Department received two awards from the APWA. One for the I-10/Monterey Avenue Interchange Ramp Modification Project, the other for the roundabout constructed at Avenue of the States in Palm Desert Country Club. He presented the two recognition plaques to the City Council signifying each of these honors. Mr. Greenwood then provided a video flyover of the two sites, reflecting their substantial additions to smooth -flowing traffic in the City. Mr. Wohlmuth went on to thank staffers for their outstanding work: City Engineer Bo Chen for his work on the I-10/Monterey Interchange; Project Administrator Heather Buck, Traffic Engineer Mark Diercks, and Senior Engineer Joel Montalvo fortheirwork on the Palm Desert Country Club Roundabout. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 Councilmembers congratulated and expressed appreciation to staff for their fine efforts that resulted in these awards. Councilman Jonathan noted that adjacent to the roundabout site was Carlos Ortega Villas, which was nearing completion. B. CITY ATTORNEY Mr. Hargreaves said it was a great honor to sit at the dais as the City of Palm Desert City Attorney. However, it was also under circumstances of great sadness, as Mr. Erwin was irreplaceable and would be sorely missed. He reflected that when the word went out about Mr. Erwin's passing among the State's City Attorney community, notes came back from all over the community and the State about what a great man Dave Erwin was, including being a mentor, friend, "one of the most gracious people around," "saved my bacon many times," which were certainly apropos sentiments. He added that the reaction he'd received from the City and staff was no different, pointing out that if all weren't aware, Dave felt very much the same way about the City of Palm Desert. It was his hobby, his world - his child, having served here since before incorporation. As he faced evermore challenging physical situations, the thing that kept him going was a desire to be here at the City and working with Councilmembers and staff, not focusing on his own situation but looking to the future and getting back to meetings here. Through the process, the City Council and staff all accorded Dave a great deal of caring, kindness, and patience, and everyone at the office, especially his family, appreciated it tremendously. He will be missed but always be in our hearts as we move forward. Councilmembers concurred. C. CITY CLERK 1. Announcement of City Council Study Session - Review of Council Liaison Assignments - Thursday, December 10, 2015, at 2:00 p.m. in the Administrative Conference Room. Ms. Klassen called attention to the scheduling of the Study Session on December 10, in response to request earlier this year that research be done on all the Council's intemal and external liaison appointments. She thanked Ms. Mendoza and all of City Clerk staff for their assistance with this in-depth project that took the past several months in between current assignments, but she felt Council would be pleased with the results. A memo and the one -page summary sheet for each of the bodies (60 total) will be provided to Council in advance of the Study Session so that they have time to adequately review the information. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 Mayor Weber thanked staff for all the work but felt it was a worthwhile endeavor. When Council realized that it took all this time to compile the information, it was fortunate that no more time elapsed before putting it together for future reference. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Mayor's Meeting Summaries Report for the Period of October 10- November 6, 2015. Mayor Weber called attention to her report in the agenda packets. She noted that both for the Golf Cart Parade on October 25 and for yesterday's Veterans' Day Program, everyone was very grateful for the COPS (Citizens On Patrol) and all they do to make special events run so smoothly. Additionally, she spoke to the YMCA Youth In Government Program with 100 children participating, which she thought was outstanding in their desire to learn what is going on in their local communities. She was excited about the next generation coming up. Lastly, the ACT for MS event at Palm Desert Aquatic Center, was going to have a name change to "ACT for MS James Conway Aquatic Program" in his honor. She said they are very appreciative of the Aquatic Center and the programs it offers, noting that there were numerous events going on over there, but this one was brought to her attention because of this group's gratitude for it. She went on to heartily thank staff for working their day off to organize and execute yesterday's Veterans' Day Program in Civic Center Park. It was a wonderful way to support the community and celebrate this very important occasion — the band was terrific, a great speaker, and profound experience. With City Council concurrence, the Meeting Summaries were received and filed. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 2. Council Requests for Action/Committee Reports/Comments: a) Councilman Jonathan Reports and Comments — Busy three weeks since the last Council Meeting, with participation in the following activities: — Tour of Children's Discovery Museum by CEO Carol Scott, it's a wonderful resource. — Annual Bike Giveaway at the YMCA was amazing. — Tour of Palm Desert Distilling, which is new, the only distillery in the Coachella Valley, and he was joined by Senior Management Analyst Ryan Stendell and Economic Development Manager Ruth Ann Moore. Looking for ways to get them involved in some other activities, such as the Certified Farmers Market. — CERT Training - participated in 3 of the 5 days, so have 2 more days to complete in the January course. Noted Councilmember Hamik also participated in the training and encouraged all to do so, highly recommended, very beneficial to the community. — CVEP Economic Summit was very interesting, sounded like the economy, sales, etc., were trending up, and he hoped their predictions were on target. — Parks & Recreation Commission met last week, very active group. — Utility Undergrounding Ad Hoc Committee held its fifth or sixth meeting, getting closer to formulating a recommendation to Council. — Housing Commission met. — Hotel El Paseo Groundbreaking, meaning there is now a hotel under construction in Palm Desert that promises to be a very special and exciting addition to the City, especially the El Paseo area. — 15' Anniversary Celebration of the Santa Rosa San Jacinto Mountains National Monument, very special that the National Monument is in the City, even more so that the Visitor Center is too, just a little ways up Highway 74. He encouraged everyone to visit. — "Street" at Westfield Palm Desert on November 7 - awaiting report on this event, congratulating Ruth Ann Moore and staff that worked very hard putting it together with Westfield staff. Really hoping the outcome is successful to take it a step further next year, because it reaches segments of the population that may be growing and haven't been reached as much in the past. — YMCA "Hoedown at Sundown" on November 7 was again great, thanked the City for its support. — Palm Desert Area Chamber of Commerce monthly breakfast. — Desert Cancer Foundation evening event on Tuesday. b) Councilmember Hamik Reports and Comments — Participated in the following, noting that Councilmember Jonathan mentioned many of the same events she also attended: 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 — SCAG (Southern Califomia Association of Governments) Meeting, now has a draft of the Regional Transportation Plan and the Sustainable Communities Strategy ready to release to the public around first of the year. Significance is that it must be accepted by the Federal Government in order for the region to receive funding for anything in that metropolitan planning organization. — RCTC (Riverside County Transportation Commission) Budget and Implementation Meeting, the regular meetings, and Quality of Life Sustainability. Special Meeting in Perris this morning where there were five alternatives presented to be studied for the San Gorgonio/Coachella Valley Rail Corridor resulting in selection of one to study, which was decided upon looking at construction cost, population density, freight movement, and existing tracks (1, 2 or more). It will be a route that will help with tourism, part of the reason it was decided to go through Orange County, Fullerton, and then back up to Union Station. Still looking at which of the cities will have train stations in the Coachella Valley, but great news to be down to one altemative to study that begins now. Additionally, if all goes well, it should be done in seven years, and in a couple of years, they're planning to offer and get funding for a demo train run for the Coachella Music & Arts Festival and Stagecoach events. c) Councilman Tanner Reports and Comments — Participated in: — Tour of Riverside County SAFE House, focusing on prohibition of sexual exploitation of minors, and they are doing wonderful work. Noted that there are 75 active cases of child exploitation between the ages of 12 to 17, and these are the ones known about. Of the 75 active cases, only 2 are males, because they have a much harder time coming forward. He hopes to get more involved in the program and become trained as a volunteer. — Attended grand opening of Wolfgang Puck with a brand new menu, and even got to shake hands and visit with Mr. Puck himself, very engaging, and the new menu is terrific. — Learned about the new math program — there is more than one way to add 2 + 2 = 4, which now requires more explanation, and it was certainly different to someone of his generation. — Children's Discovery Museum under the new direction of Ms. Carol Scott, who came to the area from Cincinnati, Ohio, and has some tremendously innovative ideas for the future. Their Fall Festival was held last Sunday with the feature being trucks; very exciting for the kids, especially truck fans. Felt the City of Palm Desert was getting its money's worth from supporting this organization and hoped it would continue to do so in the future. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015 3. Council Consideration of Travel Reauests and Reports: None XIX. ADJOURNMENT On a motion by Councilmember Hamik, and concurrence of the entire City Council, today's meeting was adjourned in memory of former City Attorney David J. Erwin at 5:57 p.m. ATTEST: RA ' LE D RLASSEN, CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 28