Loading...
HomeMy WebLinkAbout2015-09-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 24, 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 3:01 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 Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Lt. John Shields, Palm Desert Police/Riverside County Sheriffs Department Sgt. David Adams, Palm Desert Police/Riverside County Sheriffs 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 24, 2015 A. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 B. Public Employment pursuant to Govemment Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Weber adjoumed the meeting to Closed Session at 3:03 p.m. She reconvened the meeting at 4:02 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 - Councilmember Jan C. Harnik VII. INVOCATION - Councilman Van G. Tanner VIII. ORAL COMMUNICATIONS - B MS. NEETA QUINN, La Quinta, CA, recalled for the Council that on July 22, 2015, she delivered informational packets regarding a federal intrusion called "Affirmatively Furthering Fair Housing," and today she is following up on it with an additional handout. She said that on the Department of Housing and Urban Development's Website (HUD.GOV), it states local govemments and states that receive grant funds for programs, such as Community Development Block Grants (CDBG) or Public Housing Agencies, will be required to affirmatively further the purposes of the Fair Housing Act. She said that by accepting such funds, the City would be relinquishing local control to federal control of its local community zoning. Additionally, HUD will decide how neighborhoods will be built, using environmental, economic, and social justice policies to force diversity. It will mandate the collection of information on the precise racial, ethnic, and income distribution of housing in every census tract in America. She believes that once data is gathered, pressure will be placed on cities across the country to abandon their local zoning policies and re -engineer the makeup of neighborhoods, which she believed was a local decision. In her previous letter to the Council, she mentioned that this would probably be done through CVAG (Coachella Valley Association of Governments), which could have the effect of taking housing decisions out of the hands of elected officials. She made the comment that if cities could come together on something like the CV/Link Project, then they must join together to stop this federal intrusion, which is why she 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 will be speaking to all the cities in the Valley. She encouraged the Council to do their homework, because forewarned is to be forearmed, stating citizens turn to elected officials for protection of their property rights and freedoms of choice. She asked for a brief response from the Council Mayor Weber explained that because of the Brown Act the Council was not allowed to respond, but did acknowledge receiving the informational packets and thanked her for her comments. MR. TERRY COLLIER, Ajo Lane, Palm Desert, said that when he came out of the Army as a carpenter apprentice, he worked his way up to being a contractor, and in that process, he understood the importance of undocumented people working in the field of construction, because it was a prime place to work. He also discovered that these people are under a certain kind of siege or tyranny, which they can't break free from in the countries they left. While they are here receiving benefits from the government or employment, they are compelled forcefully to be paying local gauchos for protection services and security from mainly law enforcement and government. His concern was whether anyone was really contributing to them having a better life, because his calculations seem to reveal of those tax dollars given to the undocumented for assistance, about 20% went to organized crime, which he was against. He believed the only way to get out from underneath that kind of influence was to create a system where undocumented people can come forward to get themselves registered officially and position them to obtain legitimate bank accounts and cell phones. As it is now, most are in fear of immediate deportation. He added that if undocumented people can have an above -board lifestyle, it will go a long way in reducing everyone's fears and pressures, and these people can be turned into citizens that pay taxes to the government rather than to the organized criminal element. MR. TOM WELLS, Zinnia, Palm Desert, noted he sent the Council a letter regarding his concerns with the CV/Link Project. He requested Council place on the next election cycle a ballot measure asking the citizens of Palm Desert whether or not they favored supporting the CV/Link Project and/or intend to use it, because he believed tax payers deserved the right to determine where their tax dollars will be spent. He thanked the Council for their service and the opportunity to make this request. MS. NIKOL VANDEL, Palm Springs, invited the Council to an event being held at the UCR-Palm Desert Campus on Cook Street tomorrow night. It's called "100 Thousand Poets for Change." She noted local poets will be attending as well, stating that if the Council wanted to hear what this Valley is looking for to change in this community, it should attend the event. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 2015 AS "RELAY FOR LIFE MONTH" 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. B. PRESENTATION TO RECOGNIZE DESERT SANDS UNIFIED SCHOOL DISTRICT CROSSING GUARDS SERVING PALM DESERT SCHOOLS. On behalf of the entire City Council, Mayor Weber invited the following Crossing Guards to be recognized for their service: From Washington Charter, Tori Beaty, Mary Clemmer, Veronica Flores, Luisa Leon, Rochelle Peterson, Vera Pitchford, and Dorothy Windon; from Ford Elementary, Danny Fowler and Hector Romero; from Lincoln Elementary, Beatrize Hernandez and Eladia Ortiz; from Palm Desert Charter Middle School, Maria Navarro. In attendance was Danny Fowler, Hector Romero, and Maria Navarro. Mayor Weber presented them each with a Certificate of Appreciation along with one of the City's recyclable bags with small tokens in them. She added that in February or March on a day that was raining, she noticed a crossing guard helping children cross the street safely. She realized then that they are also out there during the heat and in the winter and should really be honored for their service. She thanked Wendy Jonathan who is President of the Desert Sands Unified School District Board and those school principals that were in attendance to support their crossing guards. C. PRESENTATION TO THE CITY COUNCIL OF A FOLLOW-UP REPORT ABOUT THE HABITAT FOR HUMANITY / HOME DEPOT WALL -STANDING EVENT ON WEDNESDAY, SEPTEMBER 16, 2015, FOR TWO HOMES ON SAN BENITO. Management Analyst Jessica Gonzales reported that the Habitat for Humanity of the Coachella Valley and Home Depot Foundation Wall Standing Event for the construction of two homes for veterans on San Benito Circle was held on Wednesday, September 16, 2015. She said the long-awaited Kickoff Event was an outstanding success. She called attention to the slide show that highlighted the build and beautification projects that also took place on that day. She said the two homes are being dedicated to veterans. One home is being built as fully accessible for a disabled person, and the other fully adaptable, depending on the need of the member of the household. The homes will consist of three bedrooms and two baths. It is anticipated that construction will be completed in December 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 part of 2016. The event brought a lot of interest, and there are approximately six households that have expressed interest in being a homeowner of one of the two homes. She said the selection and qualification process will be done by Habitat for Humanity. She gave a special thanks to Habitat for Humanity's Board of Directors for their partnership in supporting and carrying through the vision of this project. The success of the event was due to Habitat's staff and their endless hours of hard work and coordination. Also, she gave a special thanks to the Home Depot Foundation and Team Depot for their partnership and funding toward this event. There is a wealth of gratitude to all participating donors and sponsors, because an enormous amount of important work was accomplished, which furthered the build of these two homes. Some of the contributions provided by the donors and sponsors consisted of pro bono work, such as architectural design, grading, and framing, including lumber and materials. Credit is due to all the participants on the site on the day of the event; in particular, the 29 Palms 7th Marine Regiment and the vendor volunteers for their generosity and community spirit, along with City staff, Eric Ceja, Jeremy Frey, and Michael Adkins. On the day of the event, there were 150+ people on site taking part, which strengthened the build of these two homes. She said this was an incredible endeavor and thanked City Manager John Wohlmuth for his vision of this project. MR. MARTY HARTLEY, Executive Director of Habitat for Humanity, thanked the Council for showing up on the day of the event. He said the whole project has been a team effort, in that he didn't feel it was a Habitat, Home Depot, or Palm Desert Build, but rather a group project. He said City staff was fantastic to work with, often feeling they were part of his own staff. He handed out a small memento to each of the Councilmembers to remember the kickoff event. Mayor Weber thanked Ms. Gonzales and Mr. Ceja, because the Council heard from everyone how easy they made the process, which is always wonderful feedback to hear. She said it was impressive and very moving to see the buses drive up with all the people in their orange shirts to come out and help. Councilman Jonathan said he loved that the City of Palm Desert was part of such a project, because it made for a better City and better community. He thanked Mr. Wohlmuth for his vision of this project. Councilmember Harnik shared it was a wonderful morning, and for some reason, there was a break in the weather. She said the entire Council was in attendance, and to feel the spirit and energy of that build was amazing. She said San Benito Circle was close to her home, so she had the opportunity to drive by and see the progress, and noticed that Habitat's board members are there monitoring its progression as well. She said it was good to see what can be done when everyone comes together. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 10, 2015. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 6/8/2015-6/11/2015 - (2), 6/16/2015, 6/19/2015 - (2), 06/24/2015, 6/29/2015, 6/30/2015 - (3), 7/1/2015, 7/2/2015, and 9/8/2015. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 6/19/2015, 6/26/2015 - (2), 7/2/2015, 9/4/2015, and 9/11/2015 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Hotel & Signature Events Committee Meetings of October 1 and November 5, 2014; January 7, March 4, April 1, and June 8, 2015. 2. Youth Committee Meeting of May 4, 2015. Rec: Receive and file. E. REQUEST FOR APPROVAL of Outside Agency Funding (Charitable Contributions) for Palm Desert High School Foundation and Washington Charter School Parent Teacher Foundation for Fiscal Year 2015-2016. Rec: By Minute Motion, approve the award of charitable contributions, with the associated restrictions and conditions, and authorize the Mayor to execute agreement with said agencies for awarded funding: 1) In an amount up to $7,500 to Palm Desert High School Foundation (PDHS Foundation); 2) in an amount up to $3,000 to Washington Charter School Parent Teacher Foundation (WCS Foundation). F REQUEST FOR APPROVAL of a Proposal From Vacation Rental Compliance in an Amount Not to Exceed $21,600 for Continuation of a Program to Identify and Bring into Compliance Palm Desert Homeowners Not Currently Complying with Municipal Code Section 3.28.020 - Transient Occupancy Tax (T.O.T.) and Short -Term Rentals (Contract No. C32283). Rec: By Minute Motion, approve subject contract with Vacation Rental Compliance, Rancho Mirage, Califomia, in an amount not to exceed $21,600 to identify and register non -compliant short-term rental properties in Palm Desert. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 G. REQUEST FOR AUTHORIZATION to Exercise the Option of the Second of Two, One-year Extensions to Contract with Staples, Inc., for Procurement of General Office Supplies for the City of Palm Desert (Contract No. C33142). Rec: By Minute Motion, authorize exercising the option of the second of two, one-year extensions to the subject contract with Staples, Inc., effective November 15, 2015, for the procurement of general office supplies for the City of Palm Desert. H. REQUEST FOR APPROVAL of Change Order No. 1 and for Acceptance of Work for Contract No. C27690C — Portola Avenue at Fred Waring Drive Free Right Tum Project (Project No. 633-07) (Granite Construction Company, Indio, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $11,836.55 to the subject contract with Granite Construction Company; 2) authorize transfer of $11,836.55 from contingency to base for the project; 3) authorize Mayor to execute Change Order No. 1; 4) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34140 — 2015 Curb Ramp Modification Project (Project No. 753-15) (DVBE ASAP, Inc., Moreno 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. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No.C34220 — Tierra Del Oro Street Improvements Project (Project No. 608-15) (Westcon Construction Group, Inc., Indio, 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. K. REQUEST FOR APPROVAL of Change Order No. 1 and for Acceptance of Work for Contract No. C34320 — Highway 111 Right Turn to Westbound Fred Waring Drive (Project No. 659-14) (Granite Construction Company, Indio, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $10,400 to the subject contract with Granite Construction Company; 2) authorize transfer of $10,400 from contingency to base for the project; 3) authorize Mayor to execute Change Order No. 1; 4) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 L. REQUEST FOR APPROVAL of Change Order No. 1 and for Acceptance of Work for Contract No. C34340 — Town Center Way Resurfacing Project (Project No. 620-15) (Granite Construction Company, Indio, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $27,824.63 to the subject contract with Granite Construction Company; 2) authorize transfer of $27,824.63 from contingency to base for the project; 3) authorize Mayor to execute Change Order No. 1; 4) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M. REQUEST FOR APPROVAL of the 2015 Palm Desert Golf Cart Parade, Sponsorship, and Expenditures (Palm Desert Area Chamber of Commerce, Applicant). Rec: By Minute Motion: 1) Approve sponsorship in the amount of $35,000 and In -Kind Public Works Services for the 2015 Palm Desert Golf Cart Parade; 2) authorize sponsorship expenditure from Account No. 1104416-4306201; 3) authorize $500 expenditure for the Mayor's Trophy Award from Account No. 1104416-4306201; 4) authorize expenditure in an amount not to exceed $10,000 for construction of the City's Golf Cart Float for the Parade from Account No. 1104416-4306101; 5) permit the sale, possession, and consumption of alcoholic beverages on City -owned property in connection with the event on Sunday, October 25, 2015; 6) authorize El Paseo and Larkspur road closures for the event; 7) waive Palm Desert Municipal Code Section 11.01.140 - Amplified Sound - for the event. N. REQUEST FOR APPROVAL of Various Events, Including the Consumption of Alcohol, at the Palm Springs Art Museum in Palm Desert Located at 72567 Highway 111. Rec: By Minute Motion: 1) Approve the temporary waiver of Palm Desert Municipal Code Section 9.58 - Possession/Consumption of Alcohol on City -owned property - in conjunction with regularly scheduled events related to F1 RST WEEKend and the City's Farmer's Market; 2) authorize City Manager to approve up to five (5) additional temporary event waivers to P.D.M.C. Section 9.58 - Possession/Consumption of Alcohol on City -owned property - if needed throughout FY 2015-2016. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 O. REQUEST FOR AUTHORIZATION to Release Improvement Security on File for the Portola Duplex Project and Accept a 10% Maintenance Security Therefor (Tom Stoianovici, Applicant). Rec: By Minute Motion, authorize the City Clerk to release improvement security on file for the Portola Duplex Project and accept a 10% Maintenance Bond for same. P. INFORMATIONAL UPDATE Regarding Desert Willow Golf Resort Youth/ Resident Programs and Discounts. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilman Jonathan requested Item P be removed for separate action under Section XI, Consent Items Held Over. Upon a motion by Tanner, second by Harnik, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER P. INFORMATIONAL UPDATE Regarding Desert Willow Golf Resort Youth/ Resident Programs and Discounts. Councilman Jonathan noted that Mr. Alvarez graciously offered a presentation at a future study session with regard to this item, and he would like to take him up on it. Councilman Jonathan moved to receive and file the Informational Update. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). Mr. Alvarez offered to provide the Council with a brief presentation this evening. Councilman Jonathan replied the report was sufficient for now, but looked forward to the study session to hear more details. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 XII. RESOLUTIONS A. RESOLUTION NO. 2015 - 81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 36961 AND THE IMPROVEMENT AGREEMENT RELATED THERETO (Marlorkand, LLC, Applicant). Councilman Jonathan said he would recuse himself from this item and left the Council Chamber. Mr. Greenwood explained that this map subdivides one commercial industrial lot on Dinah Shore Drive into two lots. He noted staffs request to approve this map is subject to some last minute paperwork that still needs to be completed, but everything was in order. Councilman Tanner called attention to the replacement map provided by staff that highlighted the changes. Mr. Greenwood said the language on the map has been corrected, but what remained still was the Tax Certificate from the County. Councilman Tanner moved to waive further reading and adopt Resolution No. 2015 - 81. Motion was seconded by Harnik and carried by a 4-0 vote (AYES: Harnik, Spiegel, Tanner, and Weber; NOES: None; ABSENT: Jonathan). B. RESOLUTION NO. 2015 - 82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING A FIVE- YEAR EXTENSION ON THE $500,000 LOAN FROM THE GOLF COURSE MAINTENANCE FUND 441 TO THE DESERT WILLOW GOLF RESORT OPERATING FUND 520. Mr. Gibson stated that in 2010, the City approved a loan up to $500,000 to the Desert Willow Golf Resort, mainly due to the fact that the resort was closing the restaurant for the expansion; therefore, losing revenue for that period of time. He said Desert Willow (Kemper Sports Management) was given 5-years to pay it back, however, golf rounds have not increased nor has revenue grown as a whole to keep up with prevailing wages and other costs incurred in that operation. Also, the City added a provision that Kemper Sports Management had to provide funds for capital improvements. Up to this point, they have come up with $185,000 for that reserve. Therefore, staffs recommendation is to allow them to carry this loan for another five years with a caveat that they pay 4% interest every year. He noted 4% was greater than what he was earning on any of the other investments, so it was a great deal for the City. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2015 - 82. Motion was seconded by Harnik. Mayor Weber noted that the Audit, Investment & Finance Committee approved this item as well. 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. RESOLUTION NO. 2015 - 83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING AND ADOPTING THE VOLUNTARY GREEN BUILDING PROGRAM, THE CLIMATE ACTION PLAN AND GREENHOUSE GAS INVENTORY, THE ENERGY ACTION PLAN, ENERGY BENCHMARKING POLICY FOR MUNICIPAL BUILDINGS, AND COMMISSIONING/RETRO- COMMISSIONING POLICY. Principal Planner Tony Bagato pointed out that he didn't know how the "Negative Declaration" got in the wording, but there was no CEQA Negative Declaration involved. He said the Green Building Program was voluntary, which the City has participated since 2013 with CVAG and the Desert Cities Energy Partnership. The Green for Life Program is another tool that staff and City can use to promote sustainability and energy reduction to residents, businesses, and at City facilities. The Program before the Council was prepared through CVAG and its consultants, and Terra Nova has worked with staff for the past two years in comparing this information. He acknowledged it was a lot of information, but the Program is voluntary, educational, and there is no cost associated in implementing the plan today. In approving it, staff will have to bring any future projects that involve City expenditure for either education or retro-commissioning of City Hall and bringing it up to more efficient standards, which will require separate actions. Under this program, staff will be updating the GHG Plan that was done in 2008 and recommending changes to the Sustainability Plan. The changes have more to do with getting rid of terminology that is no longer relevant like the "Set to Save" program, which sunset in 2013. Additionally, staff will be removing goals that were too ambitious for a City and maybe getting too involved in the private sector. The proposed plans are intended to be living documents that staff can work with on a day-to-day basis and year-to-year basis without having to come back to Council for changes every couple of years. The Voluntary Green Building Manual is intended to help educate the builders on the City's potential push from the State for Net Zero. This 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 information is being provided early to the builders and has been supported through the Building Industry Association (BIA) and Desert Valleys Builders Association (DVBA). Mayor Pro Tem Spiegel asked if other cities in the Coachella Valley were doing the same. Mr. Bagato answered yes, stating most of the other Southern Califomia Edison cities have already approved a similar program, as well as the Tribe and Riverside County. He said others approved it before Palm Desert, because at the time, Palm Desert was under the Set to Save Program. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2015 - 83. Motion was seconded by Jonathan. Councilman Jonathan thanked Mr. Bagato and CVAG staff for meeting with him to clarify a lot of the information. He said the Program was awesome as it provides low- to no -cost ways that businesses and residences can get greener and help themselves in the process. He encouraged Mr. Bagato to reach out to residents and let them know about it, perhaps in conjunction with the SMART Team and other venues. Councilmember Hamik noted that in the City's Environmental Sustainability Plan, having gone through it, the red line additions make it a far superior and user-friendly product that all community members will benefit. Additionally, in going through the Green Building Manual, coinciding with her reading it, on two separate occasions people have expressed their disappointment of seeing large shade trees being cut down in Palm Desert. The manual addresses heat islands, oxygen, evaporation, and shade trees help all of those issues. She believed the HOA's that cut these trees thought they were doing their best in water conservation, but it probably has the opposite effect. Today, she mentioned to the City Manager that education for residents would really be advantageous. Therefore, she was in favor of providing some sort of education or program where people can work with CVWD or whomever the City deemed best to benefit the community. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 XIII. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1291 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CERTAIN AMENDMENTS TO CHAPTER 5.12 OF THE PALM DESERT MUNICIPAL CODE - SINGLE -USE CARRYOUT PLASTIC BAGS. Principal Planner Tony Bagato explained that the proposed Ordinance was cleaned up for better clarification. He said the Council and staff went through several discussions before the City adopted its Plastic Bag Ordinance. The most current version was approved in July when it exempted retail stores from charging the ten cents. In having to change the definitions from the regional ordinance that was originally endorsed by CVAG, some of the terminology wasn't clear to retailers. The current language states, "If you sale any food items you are deemed a grocery store." It turns out some retailers' sell food like sports drinks, water, or candy, Staples for example. In an attempt to address some of those concerns from these merchants that are not technology grocery stores, staff reworded the conditions and also allowed a minor exemption that states, "retailers can sell secondary food items and not be deemed a grocery store if it's not their primary sale." He said the revisions didn't change any of the actual Ordinance requirements. Mayor Pro Tem Spiegel moved to waive further reading and pass Ordinance No. 1291 to second reading. Motion was seconded by Jonathan. Councilman Jonathan shared that he has been discussing a problem that has arisen with staff. He said some of the large retailers that are not subject to the Ordinance, are choosing to charge ten cents per plastic bag. Just in the last two weeks, he visited PGA of America, Golf Smith, and Staples, and in each case, he asked them kind of innocuously, why they were charging the ten cents. In each of those cases, and there had been others, they said it was attributed to the City's Ordinance, but it's not. In those cases, it's a corporate decision, which they have a right to, but he's concerned they are miscommunicating to the residents the Ordinance impact on them. He asked staff to be creative and think of ways that the word can be spread and continue working with retailers so that the truth and accurate message went out when a retailer chooses on its own volition to charge the ten cents per bag. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 Councilmember Hamik said she always carries recyclable bags in the back of her car, but she keeps forgetting to take them with her, and she's been carrying them for years and years. She noticed Albertson's on Deep Canyon and Highway 111, has reminders in the parking lot. She wondered if staff could encourage other stores to do the same. Mr. Bagato replied that staff moved forward with an education program before the Ordinance took effect, and they will be buying some signage to provide to stores, so they are working on that component. Councilman Tanner stated the employees charging for the ten cents are not the ones making the decision, but only doing what they are told to do. Therefore, the education had to come down from management, and they should be told to lay off and give accurate information to the people that are buying them. Mr. Bagato said staff will continue to work on educating businesses and hoping they will educate their staff. 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. 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. Mayor Pro Tem Spiegel noted this was the second reading. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1290. Motion was seconded by Hamik. Councilman Tanner pointed out there are still areas in Palm Desert where food trucks are not allowed. Councilman Jonathan added that food trucks are not allowed in most areas of Palm Desert without a Temporary Use Permit (TUP), but the Committee will continue to meet, bring in stakeholders, and see if a revision to the current Ordinance is warranted or not. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO PURCHASE FOUR (4) TRAFFIC SIGNAL CONTROLLER CABINET ASSEMBLIES FROM ECONOLITE GROUP, INC., IN THE AMOUNT OF $98,602.88 (PROJECT NO. 571-15). Mr. Greenwood explained that the four traffic signal controller assemblies will be used to replace four of the oldest existing traffic signals, all of which are located on Highway 111. Existing cabinets are obsolete and not compatible with the City's signal communication system for the upcoming signal coordination projects. Mayor Pro Tem Spiegel moved to by Minute Motion, authorize the purchase of four (4) complete traffic signal controller cabinet assemblies from Econolite Group, Inc., Anaheim, California, in the amount of $98,602.88 — funds are available in Account No. 2134294-4400100. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. REQUEST FOR RATIFICATION OF THE SUBMITTAL OF GRANT APPLICATION TO MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE (MSRC) CLEAN TRANSPORTATION FUNDING, LOCAL GOVERNMENT MATCH PROGRAM. Ms. Riddle pointed out this was a ratification of the grant submittal to MSRC Local Government Match Program for the installation of the DC Fast Charger that will be installed at the west end of the City's Electric Vehicle Charging Station. She said SCAQMD (South Coast Air Quality Management District) plans to install 25 DC Fast Chargers as a building block to a statewide network, which they had already started when they implemented the Level 2 chargers. Air Quality Management District (AQMD) awarded funds to implement the program; however, it only breaks down to about $46,000 per site. Given that it's not sufficient funding for the City's project, the City applied for MSRC's grant, which had a deadline of September 3. The next step would be to meet with the contractor to finalize the construction and installation of the project, including an operating agreement, at which time it will be brought before the Council for review and approval. Responding to question, she confirmed staff already submitted the application and this request was for Council to approve that submittal. Mayor Pro Tem Spiegel asked if the charging stations were being used. Ms. Riddle answered yes, stating the City has the ability to download a report for each unit. Further responding, she agreed to send a copy of the report to the Council. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 Councilmember Harnik noted there are Levels 1, 2, and 3 chargers, and staff compared the DC Fast Charger to a Level 2. She asked if the Fast Charger was different than a Level 1, 2, or 3. Ms. Riddle explained that Level 2 will charge a vehicle anywhere from 6 to 8 hours depending on the vehicle and how low the charge is. The Fast Charger has the capability of charging a vehicle in 30 to 40 minutes, again, depending on the type of car and the charge. Therefore, it is significantly a faster charge, stating that technically a Level 3 is the DC Fast Charger. Mayor Pro Tem Spiegel moved to, by Minute Motion, ratify submittal of Grant Application to Mobile Source Air Pollution Reduction Review Committee (MSRC) Clean Transportation Funding, Local Government Match Program in the total project amount of $112,000 ($56,000 - Grant Request, $56,000 - Other Agency/City Funding). Motion was seconded by Hamik. Mayor Weber commented that several people have expressed their thanks for Palm Desert installing these charging stations, because they are being used, but difficult to find in other locations. Councilman Tanner stated that if it only took 30 minutes to charge a vehicle and someone leaves their car at a station for three hours as a parking spot, how was it going to be policed. Ms. Riddle replied that it hasn't been an issue, because currently the city had Level 2 charging stations. Therefore, people come into the park for a while and have to be there for a period of time any way, but if it becomes an issue, it can be addressed. Additionally, the DC Fast Charger will initially be set up as revenue neutral to cover the cost of the use. Mr. Wohlmuth added there are two explanations to the question. First, there are signs at the charging parking spaces that state "Charging Only." He agreed enforcement has not been an issue, but it was easy for staff to monitor the Civic Center stations, but not necessarily throughout the City as they are established at the shopping centers. Secondly, the Fast Charger will be paid by the user by swiping their credit card, which is different from the free charging that has been provided to date. Ms. Riddle agreed, stating that if people are paying for the charge, they won't stay in the station longer than they have to. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 C. 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 — 43820 BLUEBERRY LANE (APN 634-061-037) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Ms. Moore stated staff was able to facilitate a direct sale from an interested seller and a qualified buyer. However, they do need down -payment assistance, and Council's approval of this item will provide that assistance. Mayor Pro TemNice Chairman Spiegel moved to, by Minute Motion: 1) Approve a silent down payment assistance loan associated with a direct sale in Desert Rose, not to exceed 40% of the sales price ($144,630) of the home to ensure an affordable housing cost pursuant to California Health and Safety Code Section 50052.5, for a qualified low - or moderate -income household from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation); 2) authorize payment of the transaction costs, if necessary, for the purpose of repairs required for closing, fees customaryto real estate transactions in Riverside County, including escrow, title, FHA fees, inspections, vermin eradication, commissions, and disclosures, up to a maximum of $3,500; 3) authorize use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize Mayor to execute; 4) authorize Director of Finance to draw monies from the relative funds to facilitate the transaction; 5) authorize 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: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). D. REQUEST FOR APPROVAL OF THE FISCAL YEAR BUDGET AMENDMENT TO PROVIDE TRANSFER, APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED FUNDS FROM THE GENERAL FUND, EQUIPMENT REPLACEMENT FUND, PRESIDENTS PLAZA I, RETIREE HEALTH FUND, HOUSING ASSET FUND, PROPOSITION A FIRE FUND, AIR QUALITY FUND, PALM DESERT RECREATIONAL FACILITIES CORPORATION FUND, DESERT WILLOW, ART IN PUBLIC PLACES, PUBLIC SAFETY GRANT FUND, AND THE BUILDING MAINTENANCE FUND AS OF JUNE 30, 2015 (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Mr. Gibson stated that for the General Fund the balance is $51.5 million in revenue and around $48 million in expenditures, leaving a $3.5 million positive fund balance. Therefore, he recommended transferring $2.5 to three 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 funds, Equipment Replacement, Building Maintenance, the Retiree Health Fund, and the remaining balance will go into the Reserve Fund. He noted there were a number of Department adjustments to the actual costs to the budget. Councilman/MemberJonathan said he noticed a $250,000 decrease in sales tax, questioning what attributed to that decrease. Mr. Gibson said major retail stores were down from the prior year is what he believed was the main factor, without giving names of which stores. Further responding, he said the remaining $1 million went to the General Fund, which brought the General Fund Reserve to $67 million. Councilman/Member Jonathan asked why the $2.5 million was disbursed as proposed, when there are so many places it could have gone. Mr. Gibson explained the Equipment Replacement Fund has a lot of items that have to be covered, and even though the Fund has a lot of money, the City hasn't bought City vehicles in a long time, probably 20 years. The City has a big ladder truck, which eventually has to be replaced that will cost about $2 million. Also, all the computer equipment has been added to this Fund, and every five years, they need to be replaced because they become obsolete. In the Building Maintenance Fund, the City never has enough money, because buildings always require replacement of A/C's and roofing, they need to be painted, or they require modifications inside the building. With the Retiree Health Fund, there has been a pronouncement that has come out, which staff is still debating with the auditors, that can affect the Fund. He said even though the City has capped the number of employees that can qualify, the auditor says the amount of unfunded has grown; however, the City auditor disagrees. So at this point, out of an abundance of caution, he was putting more money in that Fund to cover it. He hoped that in a month he will have an answer he liked. Further responding, he said that if it tumed out it was unnecessary, the funds can be transferred back to the General Fund. Councilman/Member Jonathan asked about the process that was followed to make the determination on how the $2.5 million would be allocated. Mr. Gibson replied he made his own determination. Councilman/Member Jonathan stated he wasn't challenging Mr. Gibson, as he understood some expenditures are fixed; however, the General Fund was something the Council controlled. He said the responsibility rests with Council to determine how expenditures are made, and do it in the same manner and very elaborate budgeting process it went through that started with staff and ended with Council's approval. He said it would have been his 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 preference to be a part of that decision making with perhaps a study session to understand the recommendation, but certainly have input. Mr. Gibson offered that going forward it can be done. Councilman/Member Jonathan said he would defer to the rest of the Council if it wanted to accept the proposed recommendation, but he did trust Mr. Gibson and his professional ability. He said that if his peers agree, he suggested having a more collaborative process should the City be fortunate enough to be in this position again. Mayor Pro TemNice Chairman Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 2015 - 84, amending the Fiscal Year 2014-2015 Budget as a result of year-end adjustments; 2) Housing Authority Resolution No. HA - 77, amending the Fiscal Year 2014-2015 Budget as a result of year-end adjustments. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries Report for the Period of August 31 - September 11, 2015. Mr. Wohlmuth noted his meeting summaries provided in the agenda packets and offered to answer questions. With City Council concurrence, the City Manager Meeting Summaries were received and filed. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 2. Concerts in the Park Mr. Wohlmuth announced that the Fall Concerts in the Park Series begins October 1, 2015, with the following lineup: October 1: Rumours - The Ultimate Fleetwood Mac Tribute Band October 8: Boogaloo Assassins - Latin Jazz October 22: Dallas and Doll - Motown/Soul October 29: Big Sandy and His Fly -Rite Boys - Rockabilly/Western Swing He encouraged the Council and everyone in the community to attend. B. CITY ATTORNEY None C. CITY CLERK Ms. Klassen alerted everyone that the City Clerk's Records Technician Maria Gloria Sanchez, was nominated and received the Southern California City Clerk's Association Support Staff Member of the Year Award. She added that tomorrow was a regular Division Meeting for the City Clerks in Ontario where Ms. Sanchez will be presented with the award. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Mayor's Meetina Summaries Report for the Period of August 30 - September 13, 2015. Mayor Weber noted the printed report provided in the agenda packets. With City Council concurrence, the Meeting Summaries were received and filed. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 2. Council Requests for Action/Committee Reports/Comments: a) Councilmember Harnik Comments — i) She recalled for the Council that at the last meeting the CEO of The Living Desert Allen Monroe made a wonderful presentation about their Master Plan. However, in the front page of The Desert Sun, there was an article about "The Park with a Shark." She said there is and never was any intention of having a shark at The Living Desert, which she thought was worth noting. ii) Attended the Chamber of Commerce "Shake Up Breakfast" held at CSUSB-Palm Desert, which was outstanding iii) She and Councilman Tanner went to the 29 Palms Marine Base for the Reactivation Ceremony of the 7th Marine Regiment, Thundering 3rd Battalion, 4m Marines Regiment. She said the ceremony was wonderful and patriotic, and they are so appreciative for what Palm Desert has done for them and glad that the City has adopted them. Councilman Tanner concurred, stating that by April 2017, there will be 1,000 men and women being reactivated and actually deployed. He spoke with the Master Sergeant Gunnery, who has been in the Marine Corps for more than 25 years and had never seen a reactivation; it was something to be seen. b) Councilman Tanner Comments — i) Attended the Coachella Valley Rescue Mission Graduation Ceremony. There were approximately 40 men and 12 women that went through a six-month or 1-year program to re-enter life sober and discontinue their homelessness. He said there was one lady that had been on the streets for 18 years, and the only reason she was in a home was because the ultimatum was prison. This lady is now working and in her own apartment. He said the more one can do to help as oppose to ignore, was something that needed to be done. c) Councilman Jonathan Reports — i) Attended the CVAG Homelessness Committee. He said the effort there is to create a Valley Wide Plan through CVAG so that one city didn't simply remove homeless people and have them end up in the next city over. He said the plan has some exciting possibilities, because part of it is to cut to the problem and not just deal with the symptom. Additionally, he requested a tour of Roy's Resource Center, which was another facility the City supported through CVAG, stating he looked forward to learning more about it. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2015 ii) Attended the Habitat for Humanity Wall Standing Event. iii) Attended the Shake Up Breakfast at the Chamber of Commerce. He said it was a little scary but interesting. iv) Attended the Y-Be-Fit Challenge Committee Planning Meeting. He said the event was on track and attendance for this event compared to last year's was up by about 40%. However, the vast majority of registrations come in the last eight days. The event is on October 4 at Civic Center Park, and the entire Council is invited to participate or at least attend the kickoff. He noted that Management Analyst Ryan Stendell has been amazing in facilitating the event for everything the City was doing. Additionally, City staff registrations were still pending as well. v) Attending the League of California Cities Annual Conference coming up the week of September 28. He looked forward to attending and returning to give the City Manager his homework assignments. d) Mayor Weber - Reports — Attended the Chamber of Commerce Shake Up Breakfast. Mayor Weber believed it was the best earthquake presentation on being prepared, stating she was very impressed with the detail, the facts, and the suggestions of what to do. 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT Upon a motion by Spiegel, second by Tanner, and unanimous consent of the City Council, Mayor Weber adjourned the meeting at 5:11 p.m. ATTEST: rY RA HELLE D. KLASSEN, ' ITY CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 22