Loading...
HomeMy WebLinkAbout2016-01-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 14, 2016 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tem Jan C. Hamik Councilman Sabby Jonathan Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Susan Trevino, Chief, Palm Desert Police/Riverside Co. Sheriff's Department Herman Lopez, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: APN 622-020-096 Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Palm Desert Housing Authority Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(d)(2): Number of potential cases: 2 C. Public Employment pursuant to Govemment Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:00 p.m. He 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 - Councilman Sabby Jonathan VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MS. NIKOHL VANDEL, Desert Hot Springs, CA, addressed the City Council and urged everyone to stop Monsanto. She went on to explain the issues for people with genetically modified foods and the relationship between Monsanto and the Federal Government, specifically the "terminator seed." She said on May 25 the entire world will be going up against this push to have genetically modified foods introduced to our systems without our knowledge or permission; individuals, themselves and on behalf of their families, need to take a stand and tell the government they cannot do this to us. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION TO RECOGNIZE LT. WILLIAM SULLIVAN FOR HIS SERVICE TO THE CITY OF PALM DESERT AS ITS ASSISTANT CHIEF OF POLICE, 2012 - 2015. On behalf of the entire City Council, Mayor Spiegel presented the framed proclamation to Lt. Sullivan and sincerely thanked him for his public safety service, most especially for his service to the City. Lt. Sullivan graciously accepted the recognition and said it had been a true honor and the highlight of his career to have served as Palm Desert's Assistant Chief of Police. He was infinitely also proud to be a resident, raise his family and grandchildren here. He went on to say that the City is being left in very good hands with Lt. Herman Lopez becoming the City's new Assistant Chief of Police. B. PRESENTATION TO THE CITY COUNCIL BY QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL, FEBRUARY 12 - 21, 2016. MS. TYLER KELLEHER, Queen Scheherazade; MS. VANESSA GAYTAN, Princess Dunyazade; and MS. SELENA ANDREWS, Princess Jasmine, each greeted the City Council and provided background on themselves, and personally invited them and all present to visit and enjoy the upcoming Fair, February 12-21, highlighting the many events and activities to be held there this year. They presented brochures and lapel pins, thanked Councilmembers for the opportunity to make this presentation and offered to answer questions. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of December 10 and December 24, 2015. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 12/2/2015, 12/4/2015, 12/15/2015, and 12/28/2015. Rec: Approve as presented. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 12/4/2015, 12/11/2015, 12/18/2015, 12/28/2015, and 1/4/2016 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. CLAIM AGAINST THE CITY (#765) by Robert L. Kirton in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Blue Restaurant and Lounge, 73101 Highway 111, Suite 1, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Master Fish, 77912 Country. Club Drive, Suites 3 & 4, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Olive Garden Italian Restaurant #1313, 72225 Highway 111, Palm Desert. Rec: Receive and file. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art to Public Places Commission Meeting of November 18, 2015. 2. Parks & Recreation Commission Meeting of November 3, 2015. 3. Youth Committee Meetings of November 2 and December 7, 2015. Rec: Receive and file. I. LETTER OF RESIGNATION - Megan Miller - Art In Public Places Commission. Rec: Receive with very sincere regret. J. LETTER OF RESIGNATION - Maureen Thompson - Art In Public Places Commission. Rec: Receive with very sincere regret. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 K. LETTER OF RESIGNATION - Ken Stendell - Planning Commission. Rec: Receive with very sincere regret. L. RESOLUTION NO. 2016 - 01 - A Resolution of the City Council of the City of Palm Desert, Califomia, Setting Forth its Findings and Authorizing the Destruction of Records from the Department of Public Art, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) - Records From 1990 - 1994 (Exhibit "A"). Rec: Waive further reading and adopt. M. RESOLUTION NO. 2016 - 02 - 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 Department of Building & Safety, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) - Records From 2004 - 2012 (Exhibit "A"). Rec: Waive further reading and adopt. N. REQUEST FOR ADOPTION OF RESOLUTIONS - Setting Forth Findings and Authorizing the Destruction of Paper Records that Have Been Digitally Imaged from the Department of Building & Safety, to Rely On the Electronic Record as the Official Record - Records Dated April, May, June, and July 2015. Rec: Waive further reading and adopt Resolution Nos.: 1) 2016 - 03 - April 2015 Records; 2) 2016 - 04 - May 2015 Records; 3) 2016 - 05 - June 2015 Records; 4) 2016 - 06 - July 2015 Records. O. REQUEST FOR APPROVAL of Replacing Sculpture Joshua Tree One with Reach by Mitchell Taylor for the 2015/2016 El Paseo Exhibition (Contract No. C33510M). Rec: By Minute Motion, approve the replacement of Joshua Tree One with Reach by Mitchell Taylor for the 2015/2016 El Paseo Exhibition. P. REQUEST FOR APPROVAL of Change Order No. 1 - Contract No. C34240 — Commercial and Residential Street Sweeping Services — M & M Sweeping, Inc. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $1,408.96 to the subject contract with M & M Sweeping, Inc., Thousand Palms, California; 2) authorize the Mayor to execute Change Order No. 1 — funds are available in General Fund Account No. 1104310-4332000 - R/M Streets. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 Q. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34060 — Catch Basin and Drain Cleaning Project (Project No. 501-15) (K-VAC Environmental Services, Inc., Rancho Cucamonga, 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. R. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34390 — 2016 Street Resurfacing Project (Project No. 752-16) (Matich Corporation, Inc., Highland, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. S. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34440 — Civic Center Turf Reduction Phase I Project (Project No. 963-16) (Earth Sculptures, 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. T. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34750 — Deconstruction of Single -Family Home Located at 44900 San Clemente Circle, Palm Desert (5M Contracting, Inc., Tustin, 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. U. REQUEST FOR APPROVAL of the Temporary Use of Alcohol for the Desert Recreation District's 16th Annual International Sports Festival (a.k.a. Senior Games) Opening Ceremony to be Held on February 19, 2016, at the Palm Desert Community Center, 43900 San Pablo Avenue. Rec: By Minute Motion, approve the temporary waiver of Palm Desert Municipal Code Section 11.01.080(W) - Possession/Consumption of Alcohol in City Parks, pursuant to Palm Desert Municipal Code Section 9.58.040. Upon a motion by Tanner, second by Hamik, and 5-0 vote of the City Council (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 XII. RESOLUTIONS A. RESOLUTION NO. 2016 - 07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT LOCATED ALONG THE COMMON LINES OF LOTS 1 AND 7, LOTS 5 AND 6, LOTS 5 AND 7, AND ALONG THE EASTERLY LINE OF LOT 7 OF BLOCK Q OF MAP OF PALM DESERT AT THE NORTHEAST CORNER OF LARKSPUR LANE AND SHADOW MOUNTAIN DRIVE UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. Mr. Greenwood stated this was a vacation of an unused and unneeded utility easement on the Larkspur Lane or El Paseo Hotel site. Mayor Pro Tem Harnik moved to waive further reading and adopt Resolution No. 2016 - 07. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). B. RESOLUTION NO. 2016 - 08 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS LEGISLATIVE BODY OF THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK), AUTHORIZING THE USE OF UNSPENT PROJECT FUND MONIES TO OPTIONALLY REDEEM OUTSTANDING SPECIAL TAX BONDS OF THE COMMUNITY FACILITIES DISTRICT. Mr. Gibson stated that staff was recommending that it call the bonds for the remaining improvement funds. Also, staff met with a major developer to see if they could use the water district fees and sewer fees, but they were not able to do it within the time frame allowed. He said the City was in a situation where the IRS was requiring that the bonds be called, and the City didn't have the ability to say no. Bond Counsel has advised that it needs to be done, so staff is proceeding ahead with that process. Councilman Jonathan thanked Mr. Gibson for answering most of his questions prior to the meeting, but he was still unclear on one issue. He understood the bonds were issued for needs and improvements, and at some point those improvements will still take place. He questioned where the funding source would come from and would the bonds be reissued. Mr. Gibson answered no, stating the bonds couldn't be reissued. He explained that the developer will be responsible for paying the sewer fees, water fees, and city fees, or any remaining street improvement as they are building out their project. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 Councilman Jonathan commented that the City didn't see it as an adverse consequence to drive away developers, because it was standard anyway. Mr. Gibson agreed, stating developers would be required to pay for the improvements whether or not there was a Community Facility District (CFD). Councilman Tanner moved to waive further reading and adopt Resolution No. 2016 - 08. Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). NOTE: At this point in the agenda and with City Council concurrence, Mayor Pro Tem Hamik announced that the Southern Califomia Association of Govemments (SCAG) needed public input for both its Regional Transportation Plan and Strategic Communities Strategies. She said it's a 4-year plan and 20-year document, and the comment period concludes on February 1. She added that this process was mandated by both the Federal and State Governments, and resident input is critical with the impact this process has on their daily lives. She would be having staff add the link to the City's website for easy access and appreciated everyone taking time to give their opinion. C. RESOLUTION NO. 2016 - 09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING AND REPLACING RESOLUTION NO. 2015-62, ADOPTING ALLOCATED CLASSIFICATIONS, AUTHORIZED POSITIONS, SALARY SCHEDULE, AND SALARY RANGES, "EXHIBIT 'A'," FOR THE PERIOD OF JULY 1, 2015, THROUGH JUNE 30, 2016. Human Resources Manager Lori Camey stated this was a Revision and Restatement of the City's Salary Resolution and the allocated positions. She explained that two (2) positions have been allocated to a lower salary range, one (1) position has been re -titled with no salary change, and no positions have been added. The attachment schedule which outlines the position and salary ranges have been updated with information from the new payroll system to make it an easy -to -use reference than the one that was attached to the prior resolution. Councilman Tanner noted the $104,000 savings and no layoffs. Councilman Tanner moved to waive further reading and adopt Resolution No. 2016 - 09. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XIII. ORDINANCES A. For Introduction: None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 B. For Adoption: 1. ORDINANCE NO. 1301 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE SECTION 25.34.120 - PROHIBITING CANNABIS DISPENSARIES, CANNABIS MANUFACTURERS, CULTIVATION, AND DELIVERY OF CANNABIS IN THE CITY. Mayor Spiegel noted this was the second reading of the Ordinance. He proceeded to call forth those that submitted speaker cards. MR. DANNY ROBBINS asked for an opportunity to meet with the Council outside of this meeting to discuss ideas and proposals he might have regarding the proposed Ordinance. He noted that when the Mayor did the invocation at the beginning of the meeting, asking the Heavenly Father to give the Council the ability to make right decisions for the welfare and benefit of all the people in Palm Desert. Unfortunately, the proposed Ordinance is an abuse of power, if not unconstitutional. He said this Council was prohibiting Palm Desert residents the ability to make a phone call to get medicine delivered to them; medicine that has been approved by a medical doctor and the State. He said residents have the ability to take medicine in the form of a cream for their neck or back to reduce pain and inflammation, yet this Council was saying no one can cross the Palm Desert City limits and deliver medicine to them, which was shameful and couldn't believe this Council was actually acting upon this. The City was requiring people to drive 25 miles away to Palm Springs; however, many are not capable of driving. He believed the Council was on the wrong side of history, stating everything was moving toward legalization with the ability to grow their own personal medicinal plant, stating a natural plant that has been around for thousands of years and number one form of herbal remedy in every nation in the world; it has been approved at the State and County level and by the medical profession. With all the seniors living in Palm Desert, many can't drive and are riddled with pain, and this Council is saying they can't get their medicine, which he thought was very appalling. He suggested that the Council reconsider. DR. JAMES KAO, Rancho Mirage, CA, stated he had two doctorates, a Masters in Public Health, and he certifies patients for medical cannabis use. He was not a resident of Palm Desert, but he did just open up an ice cream shop in Palm Desert and he has a practice. He asked staff and Council to reconsider banning all forms of medical cannabis, because it helped many with pain and inflamation. He 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 noted he certified patients that reside in Palm Desert on a regular basis. He shared that he just had a patient who had to go to the City of Hope for a lifesaving surgery, her liver was so shot that she could not tolerate general anesthesia, so she petitioned City of Hope to permit anesthesia by acupuncture and cannabis, which was approved and able to have the surgery. He himself was against medical cannabis use as his father was former Chief of Police for United Nations Secretary building, his mother was a former midwife and a registered nurse for many years. He was opposed to medical cannabis, but he now feels it helps a lot of people. He explained that all medicines have LD50, which refers to lethal dose 50 percentile. He went on to explain how LD50 is determined and then approved by the FDA, stating every medicine, even over the counter aspirin, ibuprofen, and Tylenol have an LD50 value, including ethanol and salt, but marijuana did not. He said marijuana was safe and had many benefits; it helped regulate blood sugar, lower blood pressure, and helped with pain and inflammation. He said when people hear about cannabis, they think people are smoking for recreational use that some patients are embarrassed or ashamed to acknowledge using it. He asked the Council to reconsider. MS. MELANIE DUGENT, Indio, CA, stated she is one of the co-founders of Live High End, a delivery and consulting service that is focused on client education and responsible distribution to prevent the diversion of cannabis into unauthorized hands. She was speaking on behalf of local patients and delivery services, stating the majority of patients requesting delivery service is the elderly and women, since dispensaries are now often forced into sketchy parts of town. She said deliveries are a safe and discreet altematives for the patient. As a City, Palm Desert doesn't want physical locations for dispensaries, so a discreet alternative would be to allow for a regulatory framework of delivery services. She went on to share that three years ago she was diagnosed with Mixed Connective Tissue Disease (MCTD), which is an autoimmune disease that affects the joints and skin and puts one in an unbearable pain. It was really difficult to navigate the first two years until she turned to medical marijuana and she got her life back. When she was at her worse, there was no stepping out or running to the store, she had to be taken care of, but not everyone has someone to help. She said delivery services are a home -patient care, because they verify that they are approved by a doctor, and that they have a condition that can benefit from medical marijuana. She said there are no victims to cannabis, no overdoses or hangovers, stating it was safer than most pharmaceuticals, peanuts, salt, and sugar. She said cannabis is about improving the quality of life, and the entire Coachella Valley should have access. Instead of outright banning access to patients, she urged the Council to reconsider 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 regulating delivery services, and suggested looking at what other cities are doing. She said Rancho Mirage issues business licenses, which she just obtained and paid a fee, which was extra revenue to the city. She said they are willing to comply with any rules set forth, such as hours of the day, background checks, etc. She said they are law-abiding citizens and they want their business to be legitimate and respected, and if they can't get away from this negative stigma of "Reefer Madness," than how will this ever become an industry that pulls weight. The March 1 deadline is going away, so if this was a rushed decision, she urged the Council to at least consider a continuance to find a way to allow for deliveries. MS. COURTNEY BATEMAN, Co-founder of Live High End, implored the Council to regulate rather than ban the delivery of cannabis. She said there are more than 35 collectives she wished could be here, but there's a fear and stereotype. She said cities stereotype them for being nuisances and fear persecution. She said it was time to work together and understand the fiscal and social benefits that can be gained from each other. She experienced 15+ years of chronic lime disease and a major back surgery with many pharmaceutical prescriptions. While there is a lot of media hype on the dangers of other addicting pharmaceutical pain killers, which she was prescribed, she recalled for everyone another govemment ban called Prohibition, which after a decade failed. The correlations between these two bans are very apparent, however, according to the CDC, alcohol leads to approximately 88,000 deaths each year and shortens lives. On the other hand, cannabis is a medicine that has been used for more than 2,000 years, which helps patients in this very city. Studies show it can actually kill cancer cells, and in 2013, one death is indirectly linked to cannabis. The idea that liquor prohibition would lower crime rates and strengthen families, and improve national character proved not to be true. She said people died of tainted liquor and bathtub gin, and here, they are trying to save lives and improve quality of life. She pleaded and hoped the Council will see the benefits of regulation versus banning delivery, stating there was an opportunity to not repeat history by working together toward a safer and healthier climate. MR. CHRIS CRANFILL, Managing Director of Califomia's Best Delivery, stated they are a licensed delivery service based out of Rancho Mirage. He said they are trying to do everything for the long stay and future, because it's an industry that's not going anywhere. He said their delivery service helped many, but there is opposition and misinformation, but as more research is done, more will be known. He said they have members all over the Coachella Valley and 10% is based in Palm Desert, which was a little less than Rancho Mirage. He said banning delivery of cannabis would be limiting safe access to the 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 Palm Desert population, and why not permit or license the service similar to what Rancho Mirage and La Quinta is now looking at doing, and only banning commercial activities. In other words, ban the commercial facilities and leave the 300 light grows to Desert Hot Springs (DHS), allowing them to get their tax dollars from it, because Palm Desert didn't need it and plus it's not their style. He noted that DHS initially was opposed, but then overturned their decision and they are not in the black, making a profit. He acknowledged it would not be a big money maker for Palm Desert, but it is access for its population. He said he personally makes the creams and oils and there was no need to smoke it or create any smell nuisance. He shared that he was working with a homeowners association that writes policies for HOA's regarding some education and their policies and procedures accepting these types of activities, because it's an industry that's not going anywhere. Even HOA's see that they need to regulate it, license it, and be on top of it, instead of just blanking it out. Mr. Stendell stated he was hearing from legislative review forums all over that the landscape of the marijuana industry in Califomia is likely to change significantly over the next few years. As far as he knew the March 1 deadline is still in effect, and staff's recommendation is to enact the proposed Ordinance with the understanding that this is likely not the last time it will be discussed based on what happens at the State level. Councilmember Weber said she will once again be voting against the Ordinance, because she believed it was inappropriate that the City should be concemed about what people are putting into their bodies. Through her own experience and perhaps others in the audience, who have been involved with care taking someone who has cancer and under chemo, have seen people lose weight dramatically due to the lack of appetite and doctors refusing to issue any method to gain access to marijuana for them to regain their appetite. When she sees these things happening, she thinks it's very inappropriate that govemment should ever be involved. Additionally, Council shouldn't be wasting its time on another ordinance, stating there was enough ordinances and codes for regular businesses to operate under the City standards. She also didn't think the Council had to go into the 1950's fear "Reefer Madness," as mentioned earlier, but rather be brave and stand up to all this nonsense. She reiterated that she would be voting no, because the City should not be involved with regulating plants or the distribution of plants. Councilman Tanner stated he understood why the City may not want to allow for the manufacturing and cultivation, but the distribution of 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 it will continue to happen whether the City enacted this Ordinance. However, he questioned why the City was specifically banning the delivery of cannabis to a home where a person cannot get out and get it for themselves. Mr. Hargreaves explained that the Ordinance prohibits commercial distribution and making a business out of it. There is no prohibition in getting your friends to go and obtain the medication. Councilman Tanner commented that Uber could deliver it, but not these companies that have created themselves to transport this product to their client, stating they are being prohibited in the City of Palm Desert with no licensing available. Mr. Hargreaves said the thrust is with commercialization, because that's where the problems have been. He said when you get money involved with the marijuana, then you get all kinds of secondary effects that communities are just starting to work through. Palm Desert anticipates going forward understanding there's going to be an evolution for a number of different reasons, but given the fact that there is a March 1 deadline to get something in place, the City needs to act quickly. He said the City has to wait 30 days for anything it enacts to be effective. Most cities in the State are going forward right now with a firm stance against any commercial activity with the idea that over time, when there is more experience in regulating and seeing how things shake out, people will adapt accordingly. He said most cities are adopting this kind of regulation to protect their own ability to regulate. The way the State legislation currently reads, if you don't enact something now, then the State preempts the field. There is legislation backed by the League of Califomia Cities to remove the March 1 preemption, because it was inadvertent, but Palm Desert was dealing with the situation right now. Therefore, the recommendation is to adopt the proposed Ordinance at this time, and watch as the situation evolves. Councilman Jonathan understood the City needed an Ordinance, which he gets. However, at the last meeting he expressed his concern about the delivery aspect, stating Councilmember Weber's comments about prohibiting the use of medical cannabis resonated with him. However, the City was not prohibiting the use of legal medical cannabis as it was legal in the State of Califomia. He noted adult entertainment was legal, but it didn't mean it was appropriate for Palm Desert. Therefore, the sale and cultivation is deemed inappropriate within Palm Desert. Fortunately, it's available nearby, so the Council was not creating a hardship for its resident with the exception of the delivery aspect. He is even more uncomfortable with 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 the prohibition against delivery, especially after hearing the input from the public. He believed the proposed Ordinance was good, but the delivery prohibition needed to be modified. Mayor Spiegel asked if he would approve the Ordinance if the delivery aspect was taken out. Councilman Jonathan replied he would agree, but modify it to allow delivery services via a permit or business license and regulate it to ensure the City didn't have shadowy operations, etc. Councilman Jonathan moved to waive further reading and pass Ordinance No. 1301 to 2nd reading, as amended, so as to allow permitted delivery services in the City. Motion was seconded by Tanner. Mayor Pro Tem Hamik stated that whether Palm Desert liked it or not, the Federal Govemment says it's illegal, therefore, it's a cash business, and because of that, cities often didn't see a lot of the proceeds. At the last City Council meeting, someone mentioned taxing the sales, but Palm Desert doesn't believe in taxing medicinals for its community members. She agreed it was an issue, but thankfully there is more research being done showing that cannabis has value, but most pharmaceuticals are put in pharmacies when there is a medicinal purpose. She was in favor of passing to 2"d reading as presented, because of the 30-day issue. She offered a substitute motion to adopt the proposed Ordinance, form a committee comprised of concemed citizens, two Councilmembers, in order to comply with the Brown Act, and some staff members. She noted other cities have done a tremendous amount of research, so the City should obtain that information and determine the best policy for Palm Desert. Councilman Tanner said he would agree to second the motion, but only if Item No. 5, which addresses the delivery, is eliminated from the Ordinance. He's not convinced that there shouldn't be a way for residents to be given the right to live comfortable. Mayor Pro Tem Hamik agreed, but she wants to ensure that it's well written. Mr. Hargreaves stated that if the direction is to change the Ordinance, he and staff were not prepared to figure out what those changes need to be. He said the Ordinance will have to come back at the next meeting for a first reading with the second reading in February, but missing the March 1 deadline. Responding to question, he said there 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 is a 30-day lapse between the second reading and the time it becomes effective. Councilman Jonathan questioned why the Ordinance couldn't be adopted as revised in the pending motion as a second Ordinance. Mr. Hargreaves explained that if the Ordinance is changed it becomes the first reading. However, taking out No. 5 only addresses the definition, he didn't know where else in the Ordinance delivery of service shows up. Councilman Jonathan said the motion on the table, which has been second, is to modify the Ordinance to allow delivery services via permit and business license process, stating it was just that simple. He added that the whole procedure didn't have to be defined or show how much the permit will cost or provide any time line, the City just needed to provide for a permitting process for delivery services. Mr. Hargreaves replied that if that was the direction of the Council, he suggested continuing the item for an hour so he could review the Ordinance to ensure he made the specific changes to implement it. Mayor Spiegel pointed out that on January 11 he attended a CVAG Public Safety Committee meeting, and he presented Palm Desert's proposed Ordinance. The District Attomey for Riverside County was in attendance, who said the Lieutenant Govemor is a proponent of Recreational Use of Marijuana and it will be on the ballot. He said if it passes, it will negate everything the Council was doing here this evening. Councilman Jonathan agreed that it will change the landscape completely, but it has failed before. Mayor Spiegel was in favor of Councilman Jonathan's motion and making it a first reading. Mayor Pro Tem Harnik suggested giving the City Attorney the time to review the Ordinance to ensure it didn't leave any loopholes. Councilman Jonathan reiterated that the intent is to modify the wording of the proposed Ordinance so that it allows delivery services via permitting and business license process. He informed the audience that the vote would be delayed until the end of the meeting, providing the City Attomey time to review the wording of the Ordinance for modifications. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 Mayor Spiegel noted that once modified this evening it will be for the first reading, then it will retum for the second reading at the January 28, 2016, meeting. Note: At the conclusion of the City Council meeting, Council returned to this item to finish deliberating. Mr. Hargreaves stated that he and Mr. Stendell have conferred and have the Ordinance which deletes the references to the delivery and eliminates the prohibition aspect. He wasn't going to read every single change, because there were about a dozen of them, and he didn't think it was necessary, but he will provide a copy to the City Clerk. He said the modified Ordinance effectuates the intent of the Council, in terms of removing the prohibition on the delivery of cannabis. He said this will be the first reading and will retum at the next meeting for final adoption in a cleaned -up form. Ms. Klassen asked if the Council was going with the original motion, but eliminating all references to delivery. Councilman Jonathan said the motion was not to eliminate references to delivery, but to allow delivery services via permitting and business license process. Mayor Pro Tem Hamik suggested making a motion to adopt the Ordinance as amended by the City Attorney. Mr. Hargreaves clarified that staff went through the Ordinance and deleted the references that would have prohibited delivery. He and staff did not add language that would have set up a permitting system, which is something that can be added later. Councilmember Weber said she would still be voting no, because the Ordinance still included the regulation of cultivation, distribution, and processing of cannabis. Mayor Spiegel called for the vote and the motion carried by a 4-1 vote. FOR THE PURPOSE OF CLARIFICATION, THE MOTION IS AS FOLLOWS: Councilman Jonathan moved to waive further reading and pass Ordinance No. 1301 to 2nd reading, as amended, so as to allow permitted delivery services in the City. Motion was seconded by Tanner and carried by a 4-1 vote (AYES: Harnik, Jonathan, Tanner, and Spiegel; NOES: Weber). 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF PAYMENT TO SOUTHERN CALIFORNIA GAS COMPANY IN THE AMOUNT OF $98,403.43 FOR BILLING ERRORS RELATED TO THE PALM DESERT AQUATIC CENTER. Mr. Stendell explained there was a large billing error at the Aquatic Center since it opened. Staff extensively explored its options and recourse, but unfortunately, the research didn't provide anything other than Tariff Rule 16, which requires the City to reimburse for the 36 months in the amount of $98,403.43. Councilman Tanner said the bill indicates it is to be paid by December 5 or penalties would be applied, but this was not the City's error. Mr. Stendell replied that the Gas Company has been working with the City on that issue, and they have suspended any collections or any of their automatic penalty fees. It was his understanding that the City would not be paying any penalties. Councilman Tanner moved to, by Minute Motion: 1) Authorize payment to Southern California Gas Company (SoCaI Gas) in the amount of $98,403.43 from Fiscal Year 2015- 2016 Account No. 2424549-4351200; 2) appropriate $98,403.43 from Unobligated Fund 242 to FY 2015-2016 Account No. 2424549-4351200. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). B. CONSIDERATION OF A SPONSORSHIP REQUEST FOR FASHION WEEK EL PASEO AND FOOD & WINE FESTIVAL PALM DESERT, APRIL 2 - 10, 2016, AND RELATED EVENT AUTHORIZATIONS. Economic Development Manager Ruth Ann Moore announced that Fashion Week El Paseo celebrated its 10th Anniversary last year. Ten years ago the event started with three nights and only 350 in attendance, and last year's event was eight nights with 13,000 people in attendance. In addition to the evening fashion shows, 44 stores held in-store events for their customers. Fashion Week gamered a value of more than $4.4 million in marketing and public relations, both through paid advertising, printed materials, editorials, from both local and national press. Food & Wine Festival Palm Desert celebrated its 4th Anniversary last year with attendance of 3,300 people. Forty-five restaurants participated along with 107 wineries, and there were 28 celebrity chefs doing demonstrations. The media coverage for the event was over $860,000 in PR and paid media. She said it was a total value of over $5 million in impressions for both events. Palm Springs Life (PSL) is requesting a sponsorship of $150,000 in total for both events, which is the 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 same amount as last year. The funds will be used, once again, to enhance the experience and expand the tents and facilities. Along with the sponsorship, the City is featured in advertising such as magazines, radio, TV, and other formats for a total value of over $189,000. She said the tents are being moved to the west side of the top of the parking structure on The Gardens, opposite of where the construction for the hotel is going on. She said the tens are being moved because of the additional parking that's available at the El Paseo Village for evening parking. She pointed out that PSL and The Gardens have structured a three-year deal for this event, and both Frank Jones from PSL and Patrick Klein from The Gardens were available to answer any questions. Councilman Tanner commented he looked forward to the event again this year and wished them good luck. Councilman Tanner moved to, by Minute Motion: 1) Approve sponsorship funding of $75,000 for Fashion Week El Paseo and $75,000 for Food & Wine Festival Palm Desert 2016, for a total of $150,000; 2) appropriate an additional $75,000 from Unobligated General Fund to Community Sponsorships - FY 2015-2016, Account No. 1104416-4306200 — current funding in the account is $75,000, and the additional appropriation will bring total funding to $150,000; 3) authorize closing a portion of Larkspur Lane for event staging in April 2016; 4) authorize use of the north side of Shadow Mountain Drive behind The Gardens On El Paseo for valet parking; 5) authorize waiving of all permit and inspection fees pertaining to the event; 6) authorize the Mayor to execute the Sponsorship Agreement and allow the City Attomey to make non -substantive changes (Contract No. C34950). Motion was seconded by Weber and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). Councilman Jonathan expressed his gratitude to Mr. Patrick Klein and The Gardens for being such good partners with the City. He said it was a fabulous event and knew a lot of hard work went into it, thanking Ms. Moore and staff. C. REQUEST FOR APPROVAL OF A PURCHASE AND SALE AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT FOR THE PROPERTY LOCATED AT 44889 SAN CLEMENTE CIRCLE (A.P.N. 627-071-071), PROPERTY 1(e) OF THE APPROVED LONG- RANGE PROPERTY MANAGEMENT PLAN (CONTRACT NO. SA34960) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Alvarez called attention to the map attached to the staff report that identifies the vacant lot that is 6,000 square feet and is currently owned by the Successor Agency to the Redevelopment Agency. This Purchase and Sale Agreement will allow the City to purchase the site and convert it into a 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 potential future parking lot area that will be in conjunction with the Alessandro West Corridor Improvement Project. An appraisal on the site was conducted, which turned out to be $45,000. The Purchase and Sale Agreement has gone through the Oversight Board and was approved by the Department of Finance. Staff is seeking approval for execution and to move forward with the acquisition, which will then become City property and also part of the Alessandro West Corridor. Mayor Pro TemNice Chair Harnik inquired about the property on the opposite side east of San Marcos Avenue. Mr. Alvarez replied that the City owns the property and the house was recently deconstructed. Councilman/Director Tanner moved to: 1) By Minute Motion, authorize the Executive Director/ City Manager to execute the Purchase and Sale Agreement and any and all documents necessary to effectuate the conveyance and acceptance of said property; 2) waive further reading and adopt Resolution No. 2016 - 10, authorizing and approving the acceptance of certain real property from the Successor Agency by the City; 3) waive further reading and adopt Resolution No. SA -RDA 051, approving the conveyance of certain real property from the Successor Agency to the City. Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). D. REQUEST FOR APPROVAL OF A PROCESS FOR ANNUALLY ASSIGNING CITY COUNCILMEMBERS TO INTERNAL AND EXTERNAL LIAISON APPOINTMENTS. Mr. Wohlmuth recalled for the Council that there was a study session on this item on December 10 and was directed to draft a process for the Council to go through the Council Liaison Assignments to outside agencies, which he did. There have been several questions regarding this process, so he prepared a memo for the Council yesterday outlining some of the issues, and if the Council wished to give further direction he would be happy to take them. Otherwise, staff recommended approval of the proposed process and move forward with Council assignments. Councilman Jonathan said the original staff report left a number of questions open, at least in his mind, and they were answered in the City Manager's memo of January 13, 2016. He said the issues were addressed, but they didn't develop a process or procedure that incorporated the issues. To him, this was still an open question. For example, there are questions on the role and duties of the Mayor for coordinating and making actual appointments. Apparently, that's a Council authority and not a Mayor's authority, which needed to be clarified. The Council has discussed what role qualifications should play in committee appointments versus seniority, which he believed 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 still has to be addressed. It's been brought up as an issue, but it's not in the recommended procedures. He didn't want to use the term, term limits, but the issue of some members being on the same committee forever when maybe that's good or maybe not. Again, it's been brought up for discussion, but it hasn't been addressed; therefore, in his mind, this was work in progress. He didn't know if the Council should have another study session and ask staff to come up with procedures that incorporate these issues. Councilmember Weber agreed, stating another study session would be very helpful, because the Council now had two binders that narrowed down why Councilmembers were on those particular committees and commissions or serving as liaisons to all kinds of organizations. She would really like to pin it down as she likes things in writing. Councilman Jonathan said he forgot to mention that the Council has looked at the 17 committees and has considered modifications in terms of how many people sit on them, how often they meet, and whether they are all still appropriate at this time. He would be interested in getting staff's thoughts and recommendations, and consider their input during that study session. Responding to question, Ms. Klassen said February 11, 2016, would be the next available date for a study session. Mayor Spiegel suggested continuing the item until the Council has had the study session. Ms. Klassen commented that for the time being Council would be leaving the list that appears in the staff report in place. Councilman Tanner moved to, by Minute Motion, continue to a Study Session on February 11, 2016, at 2:00 p.m., along with considering structure of the City's standing Committees and Commissions. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTIONS 25.16.030, 25.28.070, AND 25.99.020 TO ALLOW NEW AND USED OUTDOOR AUTOMOTIVE SALES IN CERTAIN LOCATIONS, AND OTHER MODIFICATIONS TO AUTO USES THROUGHOUT THE CITY, Case No. ZOA 15-350 (City of Palm Desert, Applicant). Associate Planner Kevin Swartz stated that over the years staff has received interest in car dealerships, therefore, it's requesting Council consider adding these proposed businesses within the City. Currently, the City has three identified uses, and staff is proposing the following six new uses: 1) Automotive Rental Agencies - This use stays the same with regards to land use locations. The only thing that changes is the proposed definition, which only identifies a rental agency for Enterprise, Budget, and Avis; 2) Automotive Gasoline Stations - This one requires a Conditional Use Permit in the same zones, the only change is the definition, which only specifies selling gasoline and other motor vehicle fuels, and adding mini -marts; 3) Automotive Service Facilities - These facilities will be allowed with a Conditional Use Permit in the C1 Zone, which is Highway 111, and permitted outright in the Service Industrial Zone. These uses include auto repair shops, body and fender shops, wheel and brake shops, oil change shops, etc.; 4) Automotive Outdoor Sales New and Used - These businesses would be located with a Conditional Use Permit within the Service Industrial Zone and the Freeway Commercial Overlay Zone. Staff chose these designations, because these properties are now located within the main commercial core off Highway 111 and El Paseo. There are three maps attached to the staff report identifying where they are. The first map is the designated area, which includes Monterey Avenue, Portola Avenue, and Cook Street. Adjacent to Interstate 10, they would be allowed in the Costco Center, a portion of the Walmart Center, the Service Industrial Area along Dinah Shore, and certain areas along Cook Street where there is Freeway Commercial Overlay. The second map is the North Sphere Zoning - East at Washington Street and Country Club Drive where there is a small section that is Service Industrial and the Planned Commercial-2, which has a Freeway Commercial Overlay. That's where the former Gold's Gym site was, which is now Eos. The third map is the North Sphere - West, the Service Industrial Area for the Cook Street industrial Business Park with Joni Drive, Corporate Drive, which are south of Hovley Lane East; 5) Automotive Sales of Accessory Parts and Supplies - This use is for like the Auto Zones; they would be permitted outright in the C1, PC-2, and PC-3 Zones. He explained that this use was only for sales of parts, stating no repairs will take place; 6) Vehicle Storage Facilities - This use will be permitted outright in the Service Industrial Zone for the storage of vehicles. He said there are new definitions proposed, which are attached to the Ordinance. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 Mayor Spiegel declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Mayor Pro Tem Hamik inquired as to why the sale of automobiles in Palm Desert had been denied in the past. Mayor Spiegel said the thinking was that Palm Desert had everything else going for it, so it was decided to let someone else have automobile sales, which is how Indio ended up with the Auto Mall on Interstate 10. He said Palm Desert gave Indio the property so that Palm Desert could have Sear's; however, Sear's isn't as much of a deal as the Auto Mall. Mayor Pro Tem Hamik moved to waive further reading and: 1) Pass Ordinance No. 1302 to second reading, approving Zoning Ordinance Amendment 15-350 to amend Palm Desert Municipal Code Sections 25.16.030, 25.28.070, and 25.99.020; 2) adopt Resolution No. 2016 - 11, approving a Notice of Determination of a Negative Declaration for Zoning Ordinance Amendment 15-350. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of November 26, 2015 - January 14, 2016. Mr. Wohlmuth called attention to the report contained in the agenda packets and offered to answer questions. With City Council concurrence, the Meeting Summaries were received and filed. B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of City Council Study Session on Thursday, January 28, 2016, at 2:00 p.m. in the Administrative Conference Room — Community Policing Issues. Ms. Klassen called attention to the Study Session scheduling, and Councilmembers so noted. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 Ms. Klassen went on to say that with regard to today's scheduling of a February 11 Study Session on the topic of a Council Liaison Assignments Policy, it was staff's intent to tread lightly in the matter and not assume anything in generating the recommendation appearing earlier on this agenda. Therefore, she added that staff would eagerly await such input and direction on February 11. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department Capt. Susan Trevino formally introduced the City's new Dedicated Lieutenant/Assistant Police Chief, Herman Lopez. She provided background information that he's been with the Sheriff's Department in 1997, served in various positions, promoting to Lieutenant in 2015, most recently being assigned to the City. She added that he is a Coachella Valley resident and assured Council that he will be very attentive to the City's needs. Lt. Lopez looked forward to serving the City as its Assistant Police Chief, noting that it's been his pleasure to participate in various meetings and get to know staff in the past few weeks. He added that as referenced by Capt. Trevino, he's served Palm Desert in various ranks on several tours during his career, considering it his home station. He greatly anticipated serving in this new role and working with everyone here. Councilmembers congratulated and welcomed Lt. Lopez to the City. Capt. Trevino went on to thank City Councilmembers for the warm send-off provided to Lt. Sullivan earlier in today's meeting; it was greatly appreciated. Councilman Jonathan expressed sincere gratitude to Capt. Trevino, Lt. Lopez, and all of the Sheriff's/Police Department personnel for the great work that they do for the residents of the City. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Susan Marie Weber's Meeting Summaries Report for November 30, 2015 - January 2, 2016. Councilmembers noted the printed report provided in the packets and concurred to receive and file it. 2. Council Requests for Action/Committee Reports/Comments: a) Mayor Pro Tem Jan C. Hamik Reports/Comments/Action Requests - Attended League of Califomia Cities Division Dinner Meeting on Monday, January 11, noting it was the best presentation she'd ever seen at one of these events, regarding how the Indio Police Department is dealing with that city's homelessness issue. She felt their program was exceptional and agreed that the City should take a look at it, along with asking Indio to make a presentation at SCAG (Southem California Association of Govemments), as it was something all of the region could benefit from. - Attended SCAG Annual Economic Summit, hearing State Treasurer John Chiang's presentation, along with Los Angeles Mayor Garcetti, and former Govemor Pete Wilson. All had great perspectives and a lot of good information. - El Paseo Signage Issue —in response to the question of where staff was at on bring this issue back to Council, Mr. Wohlmuth said an item will appear on the January 28 agenda. - Commented that it had been an absolute delight to work with Lt. Sullivan during his time as the City's Assistant Police Chief and publicly thanked him for his service, especially his help whenever she asked for a program or demonstration with the City's K-9 team at Leadership Coachella Valley sessions. She looked forward to continuing this positive relationship with Lt. Lopez in the future. b) Councilman Sabbv Jonathan Reports/Comments - - Utility Undergrounding Committee that he and Councilman Tanner serve on held its 8'h meeting and arrived at the point of tuming it over to very capable staff Management Analyst David Hermann, who will be putting together a draft report for the Committee to consider. Expect recommendation to Council in the next couple of months on how to move forward on the issue. - Attended meeting hosted by Lindi Biggi, along with Councilman Tanner, regarding consequences of the homeless population that she and other property owners in that area of the City are experiencing, and has also met with Mr. Stendell on this issue. Added that he represents the City Council on the CVAG (Coachella Valley Association of Govemments) Homelessness Committee and will be 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 moving forward with a suggestion to form a task force, not to address the homeless needs, already being addressed, but for dealing with the consequences that many residents and most all of the cities are dealing with. Once that occurs, he will make further report back to Council. c) Councilmember Susan Marie Weber Reports/Comments/Reauests - Congratulated Mr. Greenwood on his recent marriage and wished the couple all the best. d) Mayor Spiegel Requests for Action Next Agenda - - Drive -through restaurants. Later in the meeting, upon question, he confirmed that it would be acceptable to have the item on the agenda in order to give direction about near -term pursuit of a Zoning Ordinance Amendment process for same. - Council Compensation compared to that of Cities of Rancho Mirage and La Quinta. Later in the meeting, upon question, he confirmed that the request included both compensation and benefits. However, it was subsequently noted and confirmed that the Council had previously directed that the Benefits issue would not be readdressed for at least one year (June 30, 2016), and this request for discussion be limited to Compensation only. 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjoumed the meeting at 5:32 p.m. ATTEST: a / 1 R ELL D. KLASSEN, C1 fY CLERK CITY OF PALM DESERT, CALIFORNIA A.,‘....., ROBERT A. SPIEGEL, kilfY 25