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HomeMy WebLinkAbout2015-09-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 10, 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 3:00 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 David J. Erwin, City Attomey 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 Susan Trevino, Chief, Palm Desert Police/Riverside County Sheriff's Department Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 627-071-071 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 3) Property: APN 627-071-065 Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/City of Palm Desert Property Owner: Michael Castelli 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 With City Council concurrence, Mayor Weber adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Van G. Tanner VII. INVOCATION - Councilman Sabby Jonathan 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 VIII. ORAL COMMUNICATIONS - B MS. LINDA LONG, Chairwoman of the Palm Desert Area Chamber of Commerce Board of Directors, introduced the Chamber's new CEO, Ms. Laurie Baldwin. MS. LAURIE BALDWIN, CEO of the Palm Desert Area Chamber of Commerce, said she was ecstatic to be in the area and looked forward to serving both the City and the businesses here, along with serving residents' needs. She added that her family was also very excited to be here, with two children who will be attending local schools and a retired husband who loves to golf. She looked forward to getting to know everyone in the community. Councilmembers welcomed Ms. Baldwin and wished her all the best in her new position. MS. NIKOHL VANDEL, Desert Hot Springs, CA, spoke to the matter of non-violent issue resolution, such as the U. S. Senate had chosen today and for which she was grateful. She went on to admonish anyone using bullying tactics for issue resolution just because they have the means and the will to do so, except when it's necessary in order not to fall into a "nuclear-ized" reality that won't sustain our lives or those of our children, and she was very concerned about it. She went on to call attention to the Sentinel Natural Gas Plant in Riverside County's Coachella Valley and said the fallout of particulate matter from that plant is this region. She was puzzled why that wasn't better disclosed to residents in this part of the Coachella Valley before, adding that it needs to be given serious consideration going forward. MR. TERRY COLLIER, Ajo Lane, Palm Desert, said while his issue didn't directly affect the City of Palm Desert, it indirectly affected everyone He referred to the killing of Ms. Kate Steinle on Pier 14 in San Francisco this summer by an individual who has been, reportedly, north and south of the border repeatedly. Information he'd obtained suggested that the defendant in the matter was running from the Mexican Mafia. Therefore, he proposed treating the defendant as an international terrorist, sending him to Cuba, and letting the military interrogate him to obtain relevant information that would aid in the fight against the Mexican Mafia operating in the State of Califomia and the sanctuary cities under its control. Additionally, he felt the San Francisco Sheriff needed to go, implying that he was getting orders from someone other than the San Francisco City Council. MS. JAN HOLMLUND said that although she was a Rancho Mirage resident, she had worked with the City of Palm Desert for many years, particularly with its Historical Society, and offered hearty congratulations for the proclamations that were upcoming on the agenda in recognition of October 2015's "Fire Prevention and Mini -Muster Month" and "Fire Prevention Week." She noted that there was a splendid display of fire vehicles in front of the Council Chamber today, adding that the history of the Mini -Muster Program in the City was equally impressive and worth 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 recognizing. She acknowledged the tremendous partnership between public institutions, non -profits, and private enterprise to make this possible — City, Historical Society, Riverside County Fire Department, and Desert Sands Unified School District — resulting in development of a one -day Mini -Muster Program each year by professional firefighters teaching children what to do in an emergency — over 2,500 of them since it began. Additionally, the City of Palm Desert has gone a step further by recognizing a student artist from each elementary school for their award -winning depiction of the annual Mini -Muster. She went on to remember one of the founders of the program, Chief Eric Vogt from Fire Station No. 33, who passed away this summer after an illness and is sadly missed. However, she announced that there is a new Chairman of the Mini -Muster from the Historical Society, Mr. Mike Lewis, and thanked past Chairman and Chairwoman, John and Madonna Marman, for their good work and contributions. She invited Councilmembers to attend any one of the Musters at any one of the five elementary schools: October 1 - Gerald Ford Elementary, October 6 - James Carter Elementary, October 8 - Ronald Reagan Elementary, October 13 - Abraham Lincoln Elementary, and October 15 - George Washington Charter Elementary. She heartily thanked the City for its generous and worthwhile support of and participation in this valuable program. MN IMO OM In tum, Mayor Weber also expressed sincere gratitude to Ms. Holmlund for her tireless work over the years to make the Mini -Muster such a resounding success. ... Councilmember Harnik agreed, adding that all the Councilmembers have participated in the past and will again in the future; it's a great experience for both the students and the adults. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE DIANE WILLIAMS FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS MARKETING COMMITTEE, 2012 - 2015. On behalf of the entire City Council, Mayor Weber expressed sincere appreciation for Ms. Williams' service, although she was unable to be present for today's presentation. Mayor Weber went on to express gratitude to all the volunteers who make the community of Palm Desert so great, noting that the engraved crystal clock in appreciation for Ms. Williams' time will be sent to her separately. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 B. PRESENTATION OF PROCLAMATION DECLARING MONDAY, SEPTEMBER 21, 2015, AS "50TH ANNIVERSARY OF CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Weber presented the proclamation to Dean of the Palm Desert Campus of California State University, San Bernardino, Dr. Sharon Brown -Welty. Dr. Brown -Welty graciously accepted the presentation, noting she was here on behalf of CSUSB President Morales, who sent his sincere regrets, with CSUSB extending heartfelt appreciation to the City for the honor and the proclamation. She went on to say that while CSUSB is 50 years old, the Palm Desert Campus is 30 years old, which wouldn't have been possible without the City's generosity and foresight, and CSUSB is very, very happy to be part of this community. C. PRESENTATION OF PROCLAMATION DECLARING SEPTEMBER 17-23, 2015, AS "CONSTITUTION WEEK" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Weber presented the proclamation to Ms. Mary Ann Monica, 2"d Vice Regent, Daughters of the American Revolution, Cahuilla Chapter, Palm Springs. Ms. Monica graciously accepted the proclamation on behalf of DAR Regent Peg Ellington and all of their members, noting that she would be presenting it at their October Chapter Meeting. D. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 2015 AS "FIRE PREVENTION AND MINI -MUSTER MONTH" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Weber presented the proclamation to 2015 Mini -Muster Program Chairman Mike Lewis. Mr. Lewis expressed appreciation for this recognition, thanking the City, all the firefighters and Historical Society/Mini-Muster Volunteers present today. He invited Councilmembers to participate in any of the Mini -Musters being conducted next month. E. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 5-11, 2015, AS "FIRE PREVENTION WEEK" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Weber presented the proclamation to Fire Station No. 33 Captain Bryan White, who was very 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 appreciative of the recognition and for the City's continued support of Fire Prevention Week and the Mini -Muster Program. He said it starts one of their programs for the third graders, "Exit In The Home Drill," in teaching them about how smoke alarms work and when to replace the batteries. This leads to their going home and telling their parents what they'd Teamed from the firemen. He said something as easy as having a smoke detector in a bedroom is a huge lifesaver, and he again expressed appreciation for the City's support of all their programs, especially those that are successful with the kids in Mini -Muster. Mayor Weber thanked all the Fire Department Representatives in attendance today for these presentations and for their efforts on Mini -Muster. Councilman Jonathan concurred and expressed personal thanks to the firefighters for everything they do for the community. F. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 18-24, 2015, AS "FREEDOM FROM WORKPLACE BULLIES WEEK" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Weber presented the proclamation. No one was present at the meeting to accept, but it will be delivered to their representative in honor of the week of October 18-24. G. PRESENTATION TO THE CITY COUNCIL OF THE LIVING DESERT'S NEW MASTER PLAN. MR. ALLEN MONROE, President/CEO of The Living Desert, 47900 Portola Avenue, Palm Desert, first recognized other team members in attendance with him at the meeting today: Board of Directors Chairman Roger Snobel and Director of Development Jan Hawkins. He went on to make a PowerPoint presentation, which is on file and of record in the City Clerk's Office. He noted that much has changed since The Living Desert first opened in 1970 with a small plot of desert plants and shade structure along the pathway, compared to the fully developed zoological park and botanical gardens that exists today and is celebrating its 45th year. Record -setting attendance of over 405,000 people was enjoyed this past year , with the Park being an important part of the local economy that generates approximately $56 million in annual benefit to the City of additional spending from gas stations, restaurants, motels, etc., as well as payroll. He said most importantly for him was the fact that they take about 100,000 school -age children through the facility each year and often give them their first exposure to nature — what it's like to care about the natural world, and hopefully, instill upon them a sense of conservation and stewardship that will carry on throughout the rest of their lives. The other important thing done there is the conservation of endangered species, with the unfortunate fact being that 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 many of the species on display are threatened or endangered in the wild, in jeopardy of extinction, and there are a variety of programs at The Living Desert to make sure this does not occur, including those for the Mexican Wolf — one of the key species that the Park is involved with both nationally and internationally. He related that over the last 45 years, The Living Desert has grown a little bit organically, perhaps a little haphazardly, and wants to put in place a clear roadmap into the future. One of the great things about the Park is that it's a relatively low-key environment where people go to relax and have a good time that everyone wants to continue into the future. Therefore, Mr. Monroe stated officials have worked with an international firm to develop a master plan for the Park, starting with an assessment of current infrastructure — what works well and what doesn't — with some of the 45-year- old facilities aging out of their usability and needing to be replaced (e.g. restrooms, gift shops, pathways, misters, etc.). Additionally, the Plan addresses areas of the Park that are believed to be prime for redevelopment with new exhibits, new concepts, as well as keeping some of the old favorites (i.e., model trains). Five separate areas of the Park were specified for redevelopment, and a series of consumer testing options were presented to the public with the following rising to the top. 1. Journey to Sahel - area of the Sahara Desert on the south side that expands the entire continent of Africa, with a great number of interesting animals residing there, some great conservation stories, taking some of the existing hoof -stock area (one of the oldest in the Park) and transforming it into one major environment with invisible barriers to keep species separated for safety of both but appearing like one large savanna to visitors. 2. Treasures of Cortez - unusual at a facility specific for the desert habitat to be talking about a public aquarium, but officials think this is a great opportunity to talk about water use issues that are so critical here in the western U.S. He noted that the Colorado River drains the western part of the United States into the Sea of Cortez, or is supposed to, but by the time the riverbed gets there, most of its water has been diverted to other uses — municipal, agricultural, etc. In reality, species living in the Sea of Cortez are suffering because of the lack of water, with estuaries drying up and major changes in the habitat there. Such an exhibit will provide an excellent opportunity to talk more about those uses — land and water — especially related to the Sea of Cortez. 3. Outback Adventure Center - great deserts in Australia that The Living Desert would like to have an opportunity to talk about here in Southern California. It will provide the ability to try something new at 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 the Park, allowing visitors to walk through the animal exhibits. Mr. Monroe related that there are a number of species in Africa that are safe to be around as visitors do a walk -about through the Australian Outback (wallabies, parakeets, and lorikeets) to provide a really great, up -close experience. 4. Magical Madagascar — island off the east coast of Africa is, unfortunately, suffering grave environmental degradation through deforestation of cutting down their rain forest. The Living Desert would like to get a little attention for that issue by bringing in Ring - Tailed lemurs as a small prosimian, near -primate from that habitat. Here again visitors will be able to walk through the animal exhibit, with the lemurs being an arm's length away. 5. Crossroads of Conservation — will likely be the first one to be constructed to help address two needs of the Park. First being relocation of the Visitor Entrance, with the current facility being one of the original from 1970, now too small and out-of-date, and in the wrong location for the parking lot. The Park would like to relocate the Visitor Entrance, Membership Services, and related facilities more centrally to the parking lot, then secondly, surround them with some additional animal exhibits — lions, rhinoceros, and hyenas — the three keystone species they'd like to bring to Palm Desert for display to the public and address the educationaVconservation issues related to them. MR. MONROE said they'll soon be going before the Planning and Architectural Review Commissions to present plans for this endeavor, followed by the City Council for its approval. He suggested that the City could help them with this Plan by continuing its ongoing support of the Park through joint marketing efforts and tourism development. Further, they'd like to see an expansion of the Facade Enhancement Program beyond El Paseo and Highway 111 so that The Living Desert could take advantage of some of those funds to spruce up what used to be a dirt road at Portola Avenue with a chain link and barbed wire fence running alongside, making it a little more of a beautified effort that would also support the City. Additionally, he hoped the City would consider potential funding opportunities, including some naming rights that may go along with their new Visitor Entrance. They believe these opportunities to reinvest back in The Living Desert will allow it to continue the tradition of excellence and public education and be a great partner with the City to expose visitors to desert animals in an up -close and personal fashion and make sure the Park always has opportunities to have animals, like the endangered cheetah, be something that everyone can come and enjoy. He thanked the City Council for allowing him to make this presentation. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 Councilmembers expressed appreciation to Mr. Monroe for his time and the comprehensive report. H. REQUEST FOR APPOINTMENT OF JAMES MORAN TO THE HOTEL AND SIGNATURE EVENTS COMMITTEE TO FILL THE UNEXPIRED TERM OF JEFF KOKINACIS (DECEMBER 31, 2017). Mayor Pro Tem Spiegel commented that he'd asked Mr. Alvarez to bring forward a recommendation to appoint the Westin Desert Willow Villas General Manager James Moran, as it was felt he would be an excellent addition to the Committee. Mayor Pro Tem Spiegel moved to by Minute Motion, appoint Mr. James Moran of Westin Desert Willow Villas to the City's Hotel and Signature Events Committee, filling the unexpired term of Jeff Kokinacis (December 31, 2017). Motion was seconded by Harnik and carried by 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 27, 2015. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 7/7/2015, 8/6/2015, 8/14/2015, 8/17/2015, 8/20/2015, and 8/25/2015. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 8/21/2015 and 8/28/2015 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Citizens' Sustainability Committee Meeting of May 18, 2015. 2. Parks & Recreation Commission Meeting of May 5, 2015. Rec: Receive and file. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 E. RESOLUTION NO. 2015 - 77 - 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 From 1995 Through 2013 (Exhibit A). Rec: Waive further reading and adopt. F. RESOLUTION NO. 2015 - 78 - A Resolution of the City Council of the City of Palm Desert, Califomia, Setting Forth Its Findings and Authorizing the Destruction of Paper Records from the Office of Special Programs, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) - Records From 1986 Through 2013 (Exhibit A). Rec: Waive further reading and adopt. G. DESIGNATION of the Director of Public Works as the City's Superintendent of Streets. OMB WOO MIN Rec: By Minute Motion, designate the Director of Public Works as the City of Palm Desert Superintendent of Streets. .r H. REQUEST FOR AUTHORIZATION to Streamline the Use of Vendors for the Finance Department and its Oversight of the Parkview Professional Office Complex by Granting Exception to Bidding Requirements and Approving the Finance Department Various Vendors and Qualified Providers List for the Period of October 1, 2015 - September 30, 2016. Rec: By Minute Motion, authorize the streamlined use of vendors for the Finance Department and its oversight of the Parkview Professional Office Complex by granting exception to bidding requirements and approving the Finance Department Various Vendors and Qualified Providers List for the period of October 1, 2015 - September 30, 2016. I. REQUEST FOR AUTHORIZATION of Johnson Power Systems to Service the City Generators for An Amount Not to Exceed $30,000. Rec: By Minute Motion: 1) Authorize Johnson Power Systems, Riverside, California, to service the City generators for an amount not to exceed $30,000; 2) appropriate $30,000 from Unobligated General Funds to Account Nos. 1104331-4334000 ($15,000) and 2304220-4331000 ($15,000) for this purpose. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 J. REQUEST FOR APPROVAL of the Purchase of a Ditch Witch FX30-800 Vacuum Excavator from Ditch Witch of Southern California for the Amount of $41,500.99. Rec: By Minute Motion, approve the purchase of a Ditch Witch FX30-800 Vacuum Excavator from Ditch Witch of Southern Califomia for the amount of $41,500.99 — funds are available in Account No. 5304195-4403000 - Fleet Equipment. K. REQUEST FOR AUTHORIZATION of an Amendment to Professional Service Contract with Prest-Vuksic Architects Relating to the Alessandro West Improvement Project (Contract No. C33330B). Rec: By Minute Motion, approve/authorize: 1) Amendment to the subject Professional Architectural Design Contract with Prest-Vuksic Architects, Palm Desert, California, in the amount of $12,875 for additional design scope for the Alessandro West Improvement Project; 2) transfer the 10% contract contingency ($3,869.50) to base and appropriate $9,005.50 from Capital Project Fund Account No. 4004341-4400100 — costs to be reimbursed to City from bond proceeds pursuant to the approved Alessandro Bond Proceeds Funding Agreement (Contract No. C33330); 3) Executive Director to execute the Contract Amendment as it relates to design of the Alessandro West Improvement Project. Mayor Weber ABSTAINED from the vote on Item K, and it was approved 4-0-1 (AYES: Harnik, Jonathan, Spiegel, and Tanner; NOES: None; ABSTAINED: Weber). L. REQUEST FOR APPROVAL of Change Order No. 1 and for Acceptance of Work — Contract No. C34310 — Civic Center H.V.A.C. Replacement 2015 Project (Project No. 764-15) (Anderson Air Conditioning L.P., Fullerton, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $5,773 to the subject contract with Anderson Air Conditioning L.P.; 2) authorize Mayor to execute Change Order No. 1; 3) accept the work as complete for the Civic Center H.V.A.C. Replacement 2015 Project; 4) authorize City Clerk to file a Notice of Completion for same — funds are available in Account No. 1104340-4331000. Mayor Weber stated she would be abstaining from the vote on Item K. Upon a motion by Tanner, second by Spiegel, and 5-0 vote of the City Council (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the remainder of the Consent Calendar was approved as presented. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2015 - 79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 2013-13 AND ARTICLE I AND II OF THE CITY OF PALM DESERT SECTION 125 FLEXIBLE BENEFITS PLAN. Human Resources Manager Lori Camey stated this was a housekeeping item that will bring the Flexible Benefits Plan into compliance with updated Internal Revenue Service (IRS) regulations. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2015 - 79. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. RESOLUTION NO. 2015 - 80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NO. 2015-62, SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS. Human Resources Manager Lori Carney stated that the proposed Resolution was in keeping with the reorganization of Visitor Information Center Services that Council previously approved in June. She said the title and essential functions of one position was being changed, the Visitor Information Supervisor position and creating the position of Tourism & Marketing Specialist. However, there is no change in salary or other status; therefore, there is no fiscal impact. Councilman Tanner moved to waive further reading and adopt Resolution No. 2015 - 80. Motion was seconded by Hamik. Councilman Jonathan asked how the transition was going. Ms. Carney replied it was going well, stating staff was setting up and expected to be completely moved over to City Hall by October. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 XIII. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1290 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CANCELLING AND RESCINDING ORDINANCE NO. 1269 OF SAID CITY, AND IN ADDITION, RESCINDING AND CANCELLING PALM DESERT MUNICIPAL CODE SECTION 5.97.110(A) - FOOD VENDING TRUCKS. Associate Planner Kevin Swartz stated that on August 31 the City's Food Truck Subcommittee met to discuss the operation of food trucks within the City. The Committee agreed that staff needs to have discussions with food truck vendors and food truck promoters before proposing changes to Section 5.97 of the Palm Desert Municipal Code. In the meantime, the Committee determined that removing the current moratorium to allow food trucks to operate in areas where they are permitted under Section 5.97 as written today, would not adversely impact the community or pose a threat to public safety. He said the Committee will continue to research food vending trucks, determine if changes need to be made to Section 5.97, and present its findings to the City Council at a date uncertain. Upon request, he displayed a map with areas outlined in red and blue, stating that the areas in red indicates where food trucks are not allowed. In the blue areas, one can see a 750-feet perimeter around the concession stands within the parks such as Civic Center and Freedom Park. Councilman Jonathan explained that the red areas represented locations where food trucks were not allowed under the Ordinance, which included Highway 111, El Paseo, and other areas as indicated Mr. Swartz concurred. Mr. Wohlmuth said there was an exception when a Temporary Use Permit (TUP) is issued for a special event. For example, food trucks can be used at the park, Westfield, El Paseo, etc., with a TUP, irregardless of the Ordinance. Councilman Tanner moved to waive further reading and pass Ordinance No. 1290 to second reading. Motion was seconded by Spiegel. Councilman Jonathan added he and Mayor Pro Tem Spiegel represented the Council on the subcommittee, stating the expectation is that the next step is to review the Ordinance, meet with 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 stakeholders for feedback, and return to Council with a recommendation about possible revisions to the Ordinance. Mayor Pro Tem Spiegel suggested finding out whether food trucks wanted to come to Palm Desert. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. For Adoption: 1. ORDINANCE NO. 1285 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE RETREAT AT DESERT WILLOW, FOR 112 CONDOMINIUM UNITS AND COMMON AREA AMENITIES ON 15.52 ACRES LOCATED AT 38400 PORTOLA AVENUE, Case No. DA 15-15 (Portola PD, LLC, Applicant). Councilman Jonathan said he would recuse himself from this item and left the Council Chamber. Mayor Pro Tem Spiegel noted this item was for adoption of the Ordinance, stating the Council had already approved the project. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1285. Motion was seconded by Hamik and carried by a 4-0 vote (AYES: Hamik, Spiegel, Tanner, and Weber; NOES: None; ABSENT: Jonathan). 2. ORDINANCE NO. 1286 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE APPLICATION FOR THE RETREAT AT DESERT WILLOW FOR A HIGHER DENSITY FROM FIVE DWELLING UNITS PER ACRE TO EIGHT DWELLING UNITS PER ACRE TO ACCOMMODATE 112 CONDOMINIUM UNITS AND COMMON AREA AMENITIES ON 15.52 ACRES LOCATED AT 38400 PORTOLA AVENUE, Case No. C/Z 15-15 (Portola PD, LLC, Applicant). Councilman Jonathan said he would recuse himself from this item and left the Council Chamber. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1286. Motion was seconded by Tanner and carried by a 4-0 vote (AYES: Hamik, Spiegel, Tanner, and Weber; NOES: None; ABSENT: Jonathan). 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 3. ORDINANCE NO. 1289 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A SECOND AMENDMENT TO A DEVELOPMENT AGREEMENT FOR STARWOOD VACATION OWNERSHIP LOCATED AT 39500 PORTOLA AVENUE, Case Nos. DA 96-1 Amendment 2/ HTE 15-200 (WVC Rancho Mirage, Inc., c/o Starwood Vacation Ownership, Applicant). Mayor Pro Tem Spiegel noted this item was for adoption of the Ordinance, stating the Council had already approved the project. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1289. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). Councilman Tanner commented he was looking forward to getting the shovel in the dirt and getting all these projects off the ground. XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO S 2 SEALING AND STRIPING IN THE AMOUNT OF $64,990 FOR CONSTRUCTION OF THE 2016 PARKING LOT MAINTENANCE PROJECT (CONTRACT NO. C34700, PROJECT NO. 750-16). Mr. Greenwood stated this was the annual routine parking lot maintenance program, and staff was proposing to do five locations throughout the City. He said award of contract was to a local contractor. Mayor Pro Tem Spiegel pointed out that not only was it a local contractor, but the lowest bidder as well. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Award subject contract for Construction of the 2016 Parking Lot Maintenance Project to S 2 Sealing and Striping, Palm Desert, California, in the amount of $64,990; 2) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $6,499; 3) authorize Mayor to execute subject contract — funds are available in the New Construction Tax Parking Lot Maintenance Account and the Presidents Plaza III Parking Lot Improvement Account, Nos. 2314313-4332000 and 2824373-4332000, respectively. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 B. REQUEST FOR APPROVAL OF THE 2016 NEW BALANCE PALM DESERT HALF MARATHON AND 5K EVENT AND SPONSORSHIP. Administrative Secretary Amy Lawrence stated that the proposed Half Marathon and 5K Event is for Sunday, January 24, 2016, at Palm Desert Civic Center Park. She said this event has been held in Palm Springs for the past 18 years, and the organizers have spoken to staff about relocating it to Palm Desert. Also, outlined in the report is a sponsorship request from the Applicant with staffs recommendation to assist with the cost of traffic control for the event. She noted Event Producer Matt Sills with Southland Events was in attendance. She offered to answer questions. Councilman Jonathan stated the staff report refers to the event as the New Balance Palm Desert Half Marathon, questioning if in fact the words "Palm Desert" will be contained in the name of the event. Ms. Lawrence explained that the issue has been discussed with the Event Producer, stating that eventually they were hoping to expand into a full marathon. Therefore, at this time, they are willing to go from the Palm Springs Half Marathon, because that's what it was formerly called, and bringing it to Palm Desert would be the New Balance Palm Desert Half Marathon. Councilman Jonathan said he is reminded that Palm Desert supports various athletic events because there are charitable underpinnings and the proceeds went to charities that generally benefit the overall community. While this is more of a capitalistic venture, which he also supports, if the City if going to contribute to this project financially, he would be more comfortable doing so with the condition that "Palm Desert" is contained in the name of the event. Ms. Lawrence concurred. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve: 1) 2016 New Balance Palm Desert Half Marathon and 5K scheduled for Sunday, January 24; 2) proposed event route and road closures; 3) temporary waiver of Palm Desert Municipal Code Section 11.01.140 - Amplified Sound; 4) temporary waiver of Palm Desert Municipal Code Section 11.01.080(W) - Possession/Consumption of Alcohol in City Parks pursuant to P.D.M.C. Section 9.58.040; 5) sponsorship of Police Services in an amount not to exceed $5,000 to be funded within the Police Budget, with the condition that the event title include "Palm Desert." Motion was seconded by Jonathan. Councilman Tanner thanked Ms. Lawrence for her involvement and getting the Palm Desert Half Marathon back where it should be. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 Councilman Jonathan added that he's had to train for the Triathlon, which was coming up October 4, the Tram Challenge on October 26, and now he had to train for the Half Marathon. 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 APPROVAL OF MISCELLANEOUS EVENT SPONSORSHIPS IN FISCAL YEAR 2015-2016. Administrative Secretary Amy Lawrence noted the staff report, which is a request to authorize the expenditure of community sponsorships that were previously approved as part of this year's budget. Councilman Tanner moved to, by Minute Motion: 1) Approve the following Event Sponsorship Expenditures for Fiscal Year 2015-2016: a) YMCA Y-Be-Fit Palm Desert Challenge - $10,000 payable to Family YMCA of the Desert; b) YMCA Y-Be-Fit Palm Desert Challenge - amount not to exceed $15,000 payable to various vendors; c) Senior Inspiration Awards - amount not to exceed $2,500 payable to Riverside County Foundation on Aging; d) International Sports Festival - amount not to exceed $26,000 payable to Desert Recreation District; e) Modernism Week - amount not to exceed $5,000 payable to Modernism Week; f) Restaurant Week - amount not to exceed $2,500 payable to Palm Springs Desert Resorts Restaurant Association (PSDRRA, Inc.); 2) authorize expenditures for each sponsorship from Account No. 1104416-4306201. Motion was seconded by Tanner. Councilmember Harnik stated the committee just got to work on the Senior Inspiration Awards this week, noting it was a great event. As mentioned earlier, the City runs by volunteers and hopes everyone gets an opportunity to attend. Ms. Lawrence added the date of the Senior Inspiration Awards is March 25, 2016, at the Marriott Desert Springs. Mayor Weber called for the vote and the motion carried by a 5-0 vote, (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XV. CONTINUED BUSINESS None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT WITH SARGENT TOWN PLANNING — PREPARATION OF A SPECIFIC PLAN FOR A 170-ACRE PARCEL OWNED BY THE SUCCESSOR AGENCY — UNIVERSITY VILLAGE NEIGHBORHOOD (CONTRACT NO. C34120). Ms. Aylaian stated the proposed contract Amendment in the amount of $50,790 is an Amendment to an original contract worth $280,000. The proposed scope of work would dramatically increase the size of the specific plan being prepared for the 170 acres that are Successor Agency owned. The Plan is currently under development and this would increase the scope to better connect the 170 acres to the Cal State and UCR campuses. Mayor Weber asked if the scope of work included the underpass on Cook Street that's going to be created. Ms. Aylaian replied there is no under or overpass planned as part of this Amendment. Mayor Weber registered her disappointment that it wasn't included. Councilman Jonathan said there was an expectation that at least a portion of this expenditure will be reimbursed by future developers, questioning if that would be for just a portion or the entire $50,790. Ms. Aylaian confirmed it would be for the entire amount. She said staff has met on several occasion to discuss the concept and generally all are in favor of changing the entitlements to reflect change in market, connectivity, and better market opportunities with the University, but they don't want to have to pay for this contract amendment out of pocket. Responding to question she said it will include vehicular and non -vehicular activity. Councilman Jonathan concurred with Mayor Weber's comment that it would be nice to make it easier to get across Cook Street to the campus. Ms. Aylaian said it was an issue discussed regularly, and it's being looked at as part of the General Plan to improve the pedestrian environment along Cook Street, particularly where Cal State and UCR campuses are located. Councilman Jonathan said the street was certainly wide enough to accommodate an overpass for pedestrians and bicyclists. He knew it wasn't cheap and acknowledged it was a grand ambition, but other cities have done it and he hoped it will be considered. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve Amendment No. 1 in the amount of $50,790 to the subject contract with Sargent Town Planning, Los Angeles, California, to expand the scope and geographic area of the original contract to prepare a Specific Plan as part of the General Plan Update, and authorize Mayor to execute said Amendment; 2) appropriate $50,790 from Unobligated Capital Reserve Fund 400 to Account No. 4004430-4309000 for this purpose. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of August 17-28, 2015. Mr. Wohlmuth referred to the printed report provided in the agenda packets and offered to answer questions. With City Council concurrence, the City Manager Meeting Summaries were received and filed. 2. Cook Street Mr. Wohlmuth referred back to the discussion that occurred earlier on the agenda under Section XVI - Old Business, Item A, with regard to an overpass/underpass on Cook Street. He stated that such a project would be more in line with Transportation Funding and working with CVAG (Coachella Valley Association of Govemments) and Measure "A"ITUMF (Transportation Uniform Mitigation Fee) or any other type of State or Federal funding versus a requirement on the developers in that area. B. CITY ATTORNEY None C. CITY CLERK None 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 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 August 16-29, 2015. Mayor Weber noted the printed report provided in the agenda packets. With City Council concurrence, the Meeting Summaries were received and filed. 2. Council Requests for Action/Committee Reports/Comments: a) Councilman Jonathan Reports — i) Attended the Y-Be-Fit Palm Desert Challenge Committee Meeting. ii) Attended the Parks & Recreation Commission Meeting - they're doing great work there. iii) Met with Tom Kirk and staff at CVAG (Coachella Valley Association of Governments) to get better educated about the CV/Link Project — looking forward to its progress. iv) Housing Commission Meeting yesterday - great group chaired by Mr. Mike Lewis, who is also chairing this year's Mini -Muster Program that was recognized under Awards, Presentations, and Appointments on today's agenda. v) United Way Kickoff Luncheon — attended today's event with Councilmembers Hamik and Tanner, along with City staff. Great organization that appears to be off to another great start. b) Councilmember Harnik Reports — i) Attended Mobility 21 at Disneyland - annual event focused on the future of transportation (e.g. Bicycle Lanes, Autonomous Vehicles, Greenhouse Gas issues). 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2015 ii) Attended the CVAG Transportation Committee Meeting - continued discussion about CV/Link, the Operations & Maintenance, and those sorts of issues going forward. Seems that with Cathedral City's offer of funds they've been granted from CalTrans that must used quickly or be lost, it will be an opportunity for the Valley to test out how CV/Link is going. iii) Attended Youth Committee last week - they're back in session with the new school year; enjoy their meetings with the terrific group of young people in the community. iv) Southern California Association of Governments (SCAG) - met in downtown Los Angeles, where they talked about regional transportation programs, noting that she car-pools to the train in San Bemardino, then to the subway to downtown. They're also working on the Strategic Plan for Southem Califomia. iv) Participated in the Ribbon -Cutting for Palm Desert Country Club's Roundabout and Parking Lot along with Mr. Wohlmuth, Mayor Weber, and Councilman Tanner— looks wonderful, City did a great job with that project, and PDCC is very appreciative. v) Attended yesterday's Riverside County Transportation Commission Meeting - talking about more transportation issues and getting funding from the Cap and Trade Grant process. 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Weber adjoumed the meeting at 5:08 p.m. ATTEST: RACHELLE D. KLASSE , CITY CLE K CITY OF PALM DESERT, CALIFORNIA Ai‘btafia ;ciP' 4,-1 SUSAN M4►RIE, V BER, MAYOR 21