HomeMy WebLinkAbout2018-01-25MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 25, 2018
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Jonathan convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jan C. Harnik
Councilmember Kathleen Kelly
Councilmember Gina Nestande
Mayor Pro Tem Susan Marie Weber
Mayor Jonathan
Also Present:
Lauri Aylaian, City Manager
Carlos Campos, Assistant City Attorney
Rachelle D. Klassen, City Clerk
Lori Carney, Director of Administrative Services
Russell Grance, Director of Building & Safety
Ryan Stendell, Director of Community Development
Martin Alvarez, Director of Economic Development
Janet M. Moore, Director of Finance/City Treasurer
Tim Jonasson, Interim Director of Public Works
Frankie Riddle, Director of Special Programs
Bo Chen, City Engineer
Stephen Y. Aryan, Risk Manager
Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
Grace L. Rocha, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
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 Employee Performance Evaluation pursuant to Government Code
Section 54957:
Title of Position: City Manager
With City Council concurrence, Mayor Jonathan adjourned the meeting to Closed
Session of the City Council at 3:00 p.m. He reconvened the meeting at 4:06 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Campos said there were no reportable actions from Closed Session.
However, at this time he wished to add an item to the agenda under
Section XVI - New Business, relating to the California Public Utilities
Commission Draft Resolution E-4907 regarding Community Choice
Aggregation. Staff drafted a letter in opposition to the Resolution, but the
request for the letter came after the posting of the agenda and would be
submitted before the next City Council meeting. Therefore, he requested
City Council consider adding this item to the agenda by a four -fifths vote.
On a motion by Harnik, second by Nestande, and 5-0 vote of the City Council
(AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the aforementioned
item was added to the City Council agenda under Section XVI - New Business, Item B.
Additionally, Mr. Campos requested withdrawing Item A, under Section XVI -
New Business.
With City Council concurrence, the item was withdrawn from the agenda.
2
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Michael Flicker, Boy Scout from Troop
1701.
At the request of the Mayor, Mr. Flicker explained that in order to become an Eagle
Scout he was required to obtain thirteen (13) merit badges, and he currently had six
(6). As part of the Citizen of the Community Merit Badge, he was required to attend
a City Council Meeting.
Mayor Jonathan thanked him for attending today's meeting, stating the City Council
loves the Boys Scouts because they add to the community, and he looked forward
to his involvement, not just now, but as he grows and continues to be part of this
City.
VII. INVOCATION - Councilmember Kathleen Kelly
VIII. AWARDS AND PRESENTATIONS
A. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON
PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER
ISAAC CHO.
Mr. Cho was unable to be present at today's meeting.
B. PRESENTATION OF PROCLAMATION DECLARING JANUARY 2018 AS
"HUMAN TRAFFICKING PREVENTION MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Jonathan presented the proclamation
to a representative of the Soroptimist International - Palm Desert.
C. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON ANTI-
HUMAN TRAFFICKING AND THE RIVERSIDE COUNTY ANTI -HUMAN
TRAFFICKING TASK FORCE BY SAFEHOUSE OF THE DESERT.
The representative from Safehouse of the Desert was unable to attend
today's meeting.
IX. ORAL COMMUNICATIONS - B
MR. ALLEN WORTHY, Sunrise Way, Palm Springs, noted that this afternoon
he was interviewed by NBC-KMIR about the ongoing and moral turpitude at
Eisenhower Hospital. On that same note, the City of Rancho Mirage voted
to table their yearly gifts to them, stating he was informed by their City
Manager Randy Bynder. He said this travesty has gone on too long, along
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
with the crime and corruption of the City of Palm Springs, and it will
eventually affect Palm Desert. He noted he had spoken to Councilmember
Harnik about the situation two years ago. Secondly, he understands the
property at Frank Sinatra and Portola Avenue is going out to bid, and he had
long-standing clients in Beverly Hills, Dallas, and Atlanta, so he will be
passing this information on to his brother who is flying out here on Saturday.
Thirdly, he has filed paperwork for the Ginger Rogers Foundation, and in the
future, he was looking to build a Ginger Rogers Theater, adding he had the
wherewithal to raise millions to build it. He said he looked forward to
speaking to the City Council about it at a later date.
MR. WALLY MELENDEZ approached the City Council to report that the
striping was worn out at the intersections of Monterey Avenue and Fred
Waring Drive, and Highway 111. Additionally, he said he wished something
could be done about the pollution in this Valley. Lastly, he said he learned
that Councilmember Harnik was running for Riverside County Supervisor and
offered to help her in that endeavor. Mayor Jonathan stated staff will follow-
up on his concerns.
MR. JONATHAN CHAN, Palm Desert, requested that the City Council
consider an ordinance for residential solar. He said the City of Palm Springs
recently passed an ordinance requiring or giving preference to any new
residential construction projects to be solarized. Through specific policies,
it requires the wattage of the photovoltaic solar system to be equivalent to
two watts times the total square footage of the dwelling unit with exceptions
made for the planning commission and city council to reduce or eliminate it
if the structure is deemed not appropriate to be solarized. They also have
policy exemptions for certain types of housing, but overall, he was asking the
City Council to consider the City of Palm Springs Solar Ordinance and if it
would be willing to incorporate it into law in Palm Desert.
X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
1. College of the Desert (COD) 60th Celebration - reported that COD
announced they partnered with DIGICOM (Digital Communications)
which will be a tremendous asset for the students and the community.
Councilmemember Nestande added she was happy to hear the
chancellor say their pilot program, which offered free tuition to 1,000
graduating high school students from the Desert, was very successful.
She said they will be offering those same students free tuition for their
second year, which is huge for parents and education, because for
most of those students, they are the first child in a family to attend
4
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
college. Additionally, free tuition will be offered to freshmen of the
2018-2019 school year as well. She felt honored to have College of
the Desert located in Palm Desert, because they were an example to
all of the United States, stating it was the gold standard.
2. Senior Softball League - it is up and running, and if anyone ever
wanted to see how it should be done, they need to go watch them
play, because they are amazing.
3. Coachella Valley Economic Partnership (CVEP) - reported that
COMCAST made a presentation at their last CVEP meeting,
promoting their brand called machineQ (Machine Quotient), which is
a communication platform used for the Internet of Things (IOT). She
said IOT is a machine communication that is more efficient than
internet and cell phones, and is using LRC, which is the acronym for
long-range communications. The cost of service for the LRC platform
is 90% less than cellular or internet. Therefore, COMCAST is rolling
it out in Philadelphia, Chicago, San Francisco, and Desert Hot
Springs. The reason it will roll out in Desert Hot Springs, is that in
2013, SecoSys relocated the business to the Coachella Valley from
Valley Center to become a member of the iHUB that is managed by
CVEP. They were mentored at the iHUB and became the only
California iHUB company to ever win a World's Best Technology
Award. They developed a Smart Meter Program that can be used on
anything that flows, including gas and water. She said COMCAST is
bringing their machineQ platform using LRC to Desert Hot Springs,
because of the SecoSys Program, and they are here because of
CVEP. It's the first time where it will have the communication platform
to attract entrepreneurs of existing businesses that intend to develop
products that use leading edge technology, and other applications,
including self -driving vehicles, traffic light optimization, hazardous
material detection, and earthquake detection. The Coachella Valley
has an inherent advantage over other regions for development of IOT
products, because the line of sight is simple, and the region is big
enough to be significant while being small enough to handle. She
said that at the next CVEP meeting they will have a speaker that will
talk about teaching coding, and he is the first tech entrepreneur in
Innovation Point Incubator, which was founded by Joe Wallace in
Louisville, and now he is on to teaching people in some of the poorest
counties in the nation, including displaced coal miners and people
who have lost jobs in factories in the Kentucky Appalachian region
and is making a difference, where they now have a second career
making better wages and they have job security. Therefore, anyone
that can should go hear him speak.
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
B. Councilmember Kathleen Kelly Committee Reports and General Comments.
1. Wellness Center at the Joslyn Center - as the City's liaison, she
wanted to feature for everyone that the Joslyn Center now has a
Wellness Center with a broad emphasis on all aspects of life for
anyone who has reached the youthful age of 50 or beyond. She
recommended strongly that folks make a routine of checking the
Joslyn Center's website monthly, and clicking on the Wellness Center
and checking the special events, because there are many
opportunities or special lectures. For example, this month they had
a special presentation on "Causes of Neck or Back Pain," which is
something that plagues many. Additionally, you will find useful
resources such as free blood pressure checks.
C. Councilmember Gina Nestande Committee Reports and General Comments.
Offered comments under College of the Desert's 60th Celebration,
Section X - Al .
D. Mayor Pro Tem Susan Marie Weber Meeting Summaries Report for the
Period of January 1 - 12, 2018.
With City Council concurrence, Mayor Pro Tem Weber's Meeting Summaries were
received and filed.
1. Desert Valley Builders Association (DVBA) -thanked Mayor Jonathan
for his presentation on the City's progress with Cannabis, stating he
made several humorous comments, but the information provided was
very educational. She appreciated him making the presentation on
behalf of the City.
E. Mayor Sabbv Jonathan Committee Reports and General Comments.
1. Homelessness Committee - he reported the Point in Time Count was
conducted earlier this week, and informally, he learned the count was
way up, with the exception of Palm Springs, which appears to be the
trend. The news was informative, because according to Mayor Moon
from Palm Springs, they allotted $1.6 million into their efforts and they
now have a variety of personnel specifically to address
homelessness, including outreach personnel. The good news is that
the City of La Quinta recently made a decision to contribute their full
share of $103,000 into the Coachella Valley Association of
Governments (CVAG) efforts, which brings six of the nine cities to be
all in, which has doubled from previous years. The total funding now
is $1.7 million, and the highest they ever had was about $800,000.
6
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
Because this is a critical issue for all cities, the Valley is embracing
the regional holistic approach being implemented by CVAG.
Recently, they received the first full report from Path of Life for a
six-month period, and it was very encouraging. It was touching to see
how many people were helped and how they were helped. They are
also addressing homelessness prevention, because they are learning
it's as important and more effective, in that once people become
homeless, it's exponentially more difficult. He commented he was
cautiously optimistic that the City's investment was being put to good
use.
2. Wine and All That Jazz Event at Joslyn Center - it was the first time
the Center had this type of event, and it sold out. It was an extremely
successful event and hopefully it will gain momentum moving forward.
3. Desert Willow Golf Resort - he shared the following email from Jim
Moran, who is the General Manager at Westin Desert Willow Villas,
which stated: "1 did have the opportunity to play both Firecliff and
Mountain View last week and I have to tell you, both courses are in
the best condition I've ever seen them in and I've lived out here a long
time. Your "City owned" courses are in as good of shape as any
private course out here, and I know that, because I've played most of
them at one point in time. Of course, this wouldn't be possible without
Derek, Ryan, and Kemper Sports, they continue to do a great job for
the City." He added that in sitting on the Desert Willow Committee,
he learned that not only is Desert Willow getting the highest staff
evaluations, it has also had record revenues for three months straight.
He said both are attributed to the weather, which has been magical
in terms of golf, but also to the efforts of Kemper Sports. When
reading in the newspaper of neighboring cities having to pull $800,000
a year from their general fund to subsidize golf for their residents,
Palm Desert is in a fortunate position of not having to do that.
4. Senior Management Analyst David Hermann Acknowledgment -
shared that as Mayor, he has learned it was an endless job of making
opening remarks and appearances at events, and he seemingly looks
like he knows what he's talking about, but it was mainly because
David did all the research and prepares all his remarks. He thanked
him for all he did, stating he didn't know where he would be without
him.
F. City Council Requests for Action.
None
7
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
G. City Council Consideration of Travel Requests/Reports.
None
XI. STAFF REPORTS AND REMARKS
A. City Manager
1. City Manaaer's Meeting Summaries Report for the Period of
December 25, 2017 - January 12, 2018.
With City Council concurrence, the City Manager's Meeting Summaries Report was
received and filed.
2. Personnel Update: she welcomed Mr. Charles Garrison, the new
Building Inspector in the Building & Safety Department. She said
Mr. Garrison was pleased to relocate to the Desert from the state of
Washington where things are congested with traffic, high prices, and
it rains too much.
3. Swing 'N Hops Event - the event will take place on February 3rd from
noon to 5:00 p.m. on El Paseo. She said there will be a lot of booths
and entertainment going on, and it should be fun for everybody.
B. City Attorney
None
C. City Clerk
None
D. Public Safety
1. Fire Department
None
2. Police Department
None
8
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
XII. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 11, 2018.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 12/22/2017, 12/29/2017, and 1/5/2018.
Rec: Approve as presented.
C. LETTER OF RESIGNATION from Pam Williams - Cultural Resources
Preservation Committee.
Rec: Receive with very sincere regret.
D. 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 from May, June, and July 2016.
Rec: Waive further reading and adopt Resolution Nos.: 1) 2018 - 05 -
May 2016 Records; 2) 2018 - 06 - June 2016 Records; 3) 2018 - 07 -
July 2016 Records.
E. REQUEST FOR AUTHORIZATION of Contract Renewal with D & B Visions
for Consulting Services Relative to the City's Solid Waste and Recycling
Programs (Contract No. C32595).
Rec: By Minute Motion, authorize: 1) Mayor to execute subject agreement
renewal with D & B Visions, Temecula, California, for consulting
services relative to the City's Solid Waste and Recycling Programs;
2) expenditure of funds in an amount not to exceed $65,000 from the
Recycling Fund, Account No. 236-4195-454-3090, for said contract —
funds are available in the Recycling Fund, Account
No. 236-4195-454-3090.
Upon motion by Harnik, second by Weber, and 5-0 vote of the City Council (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the Consent Calendar was
approved as presented.
9
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
XIII. CONSENT ITEMS HELD OVER
None
XIV. RESOLUTIONS
A. RESOLUTION NO. 2018 - 08 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING
RESOLUTION NO. 02-57, AND SETTING THE SCHEDULE FOR REGULAR
CITY COUNCIL MEETINGS IN CALENDAR YEAR 2018.
Councilmember Harnik moved to waive further reading and adopt Resolution No.
2018 -08. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Kelly,
Nestande, Weber, and Jonathan; NOES: None).
XV. ORDINANCES
A. For Introduction:
1. ORDINANCE NO. 1334 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND
UPDATING VARIOUS CHAPTERS AND SECTIONS OF THE
PALM DESERT MUNICIPAL CODE (Annual "Housekeeping" Review
and Update).
Mr. Campos noted that every year his office and City staff look at
sections of the Municipal Code that need to be either modified or
clarified. This year the City is making the following revisions:
1) Section 2.34.010 - Terms of Appointment -Residency
Requirements - the current code does not provide for
absences for those committees that meet quarterly or
bimonthly, but it's now being covered.
2) Section 2.36.020- Regular Meetings - provides for regular
meetings to be canceled via a resolution.
3) Chapter 8.23 Fireworks - defines that display of fireworks are
allowed with a permit, however, "salute" fireworks are only
permitted for City events.
10
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
4) Section 10.08.030 - Nonmovina traffic violations - the Code
allows for Citizens on Patrol to issue tickets, but does not
permit them any enforcement powers.
5) Chapter 10.76 Golf Cart Transportation Plan - the Code now
reflects current state law to be consistent with the California
Streets and Highways Code.
The other two changes are more technical and it includes deletions
and clarifications made to some of the tables of the municipal code.
He called attention to the proposed Ordinance that requires a
correction, in that under Section 2 - where it states "2.23.010," it
should be "2.34.010."
Councilmember Harnik stated that anytime the City has any type of
fireworks, as a City, it goes out of its way to alert people of any
upcoming fireworks, because sounds of explosions do startle some
people, including pets. She asked if it was the City's job to notify the
media, or the permittee.
Ms. Aylaian responded that through the permit process, the City
requires the permittee to issue notices, depending on the location,
date, and time. She said a radius is provided in which they must
deliver notices. Senior Management Analyst David Hermann issues
press releases, and if there is sufficient time, it's advertised in the
BrightSide Newsletter. The reason staff is fine-tuning the municipal
code here, is that the City still receives complaints and it's typically
from the salute types of fireworks, which is why they are being limited
to City use. Typically, they are only used for 4th of July celebrations.
Mayor Jonathan pointed out that under item 1, the Ordinance states
that automatic resignations will occur on the first unexcused absence,
however, he didn't see a definition for an excused absence.
Mr. Campos said it's usually a pretty liberal interpretation, generally
it's personal or medical, and he didn't think it was specifically defined.
Ms. Klassen clarified that it was defined in the current Code, and an
excused absence includes hospitalization, jury duty, death in the
immediate family, and military service.
Mayor Jonathan requested reexamining this issue, because he
wouldn't want to see a qualified committee member be automatically
resigned, especially if they forgot or miss -scheduled, adding some
type of leeway was needed here.
11
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
Ms. Klassen offered that staff has used an exception process, where
if members are in a position where they have to miss more than the
allotted amount, they may request an exception from the Mayor for
that calendar year.
Mayor Jonathan reiterated his concern was with the automatic
resignation.
Ms. Klassen noted it would be 25% of the meetings that meet
quarterly, because those that meet monthly, are allotted three days.
Councilmember Kelly agreed with Mayor Jonathan, because the
Marketing Committee meets quarterly, and the City wants those very
busy people that have the expertise on the Committee. She agreed
the City needed policies to encourage people to take their obligation
seriously, but Council wants opportunities to exercise discretion if a
key person forgot or had to meet with the CEO from New York, or
other circumstances that don't negate their commitment to City
service.
Mayor Jonathan said he didn't want to hold up the Ordinance, but he
would like to review this issue to see if it needed tweaking. His other
question is related to Item 4 - Section 10.08.030 - Nonmovina traffic
violations. He is always cautious of empowering people, especially
regular citizens, to do something to another citizen that creates a
financial burden.
Ms. Aylaian explained that Citizens on Patrol would be able to issue
parking tickets, which has an appeal process in place that can be
heard by a hearing officer. Further responding, she said it only
applied to parking tickets.
Councilmember Kelly moved to waive further reading and pass to second reading
Ordinance No. 1334, with typographical correction noted at this meeting, and staff to
follow-up with City Council regarding committee/commission attendance. Motion was
seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and
Jonathan; NOES: None).
B. For Adoption:
None
12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
XVI. NEW BUSINESS
A. REQUEST FOR APPROVAL OF THE 2018 CRAFT BEER EVENT IN CIVIC
CENTER PARK ON SATURDAY, MAY 5, AND SPONSORSHIP
AGREEMENT (CONTRACT NO. C36700).
With City Council concurrence, this item was withdrawn from the Agenda
NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY FOUR -FIFTH
VOTE UNDER SECTION V-A.
B. CONSIDERATION OF LETTER OF OPPOSITION TO THE CALIFORNIA
PUBLIC UTILITIES COMMISSION (CPUC) REGARDING DRAFT
RESOLUTION E-4907 ON COMMUNITY CHOICE AGGREGATION (CCA).
Mr. Stendell explained that the Mayor and several staff members attended
the Desert Cities Energy (DCE) meeting on Monday, January 22, where staff
from Coachella Valley Association of Governments (CVAG) notified them
about the California Public Utilities Commission (CPUC) with regards to
applications for new Community Choice Aggregation (CCA). Staff at the
CPUC has implemented, what CVAG and their legal counsel call, an arbitrary
moratorium at staff level that would halt any applications after December 8,
2017, for a CCA. He said CVAG had submitted their application for the
DCE-CCA on December 11 and was notified that the application was put on
hold. He added that the DCE and a host of other interested regional CCA
movements are taking the time to do exactly what staff's proposed letter
indicates, expressing advocacy to the CPUC who will be holding a public
hearing in the near future to consider this request. Staff was asked by CVAG
to proceed with the proposed letter of opposition, asking city councils for the
members of the DCE to send the letter along to the CPUC.
Mayor Jonathan stated the DCE had already completed its application and
submitted it on December 4, but as a courtesy, it was sending it to Southern
California Edison, etc., and had been communicating with staff at the CPUC,
however, no one was told there was a pending deadline of December 8.
Therefore, the DCE, on Monday, December 11, went ahead and submitted
its application. The egregious part of the staff recommendation by the CPUC
is that it will be voted on by the CPUC on February 8, and if they accept
staffs recommendation, it would be a retroactive deadline, which he found
to be very egregious. At this point, the proposed letter of opposition from the
City of Palm Desert, simply urges the CPUC not to accept the
recommendation by their staff. He noted the City of Los Angeles, which has
no less than five CCAs, is in the same position as Palm Desert. He believed
13
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
there will be some pressure on the CPUC, but the more pressure they have
to not accept the recommendation, the better.
Councilmember Kelly asked if anyone knew why the CPUC staff is
recommending a moratorium.
Mr. Stendell answered no, stating it wasn't even sure their staff report has
been drafted at this point. There are communications between CVAG and
the CPUC, adding that City staff has not seen any official communication,
other than the letters and emails from the CPUC to CVAG. At this point, he
has not been provided with anything concrete.
Mayor Jonathan offered he heard from someone who is knowledgeable and
professional, and is of the opinion, there is pressure from labor unions who
prevent, stall, and postpone as much as possible, however, he's not aware
of the rationale being expressed by the CPUC staff.
Councilmember Harnik inquired about the statement about 'inexplicably and
without due process," that took place as noted in the proposed letter of
opposition.
Mr. Campos replied it related to having an action taken at the administrative
level before having any opportunity to comment. In this case, there was no
opportunity for anyone to comment, and essentially, the action will take place
in February and is being retroactive to December.
Councilmember Harnik moved to, by Minute Motion, approve the letter of opposition
to the California Public Utilities Commission regarding Draft Resolution E-4907 on
Community Choice Aggregation. Motion was seconded by Kelly.
Councilmember Kelly stated it made her very cranky to come to a meeting
and find a new issue on the desk. If it was possible to give prior notice,
because she would have appreciated having the opportunity to do whatever
research she could have done. However, she will not allow her crankiness
to hold up the letter, but she does want to express her preference in the
strongest possible terms, to enable Councilmembers to do their work as fully
as possible. If one knows the issue is coming, even if it's in the mailbox this
morning, it affords her some time to satisfy herself that she has exercised
her due diligence.
Mayor Jonathan said he will take responsibility for it and apologized to
everyone, because he completely concurred. He said perhaps he could
have notified the Council a day or two earlier, but this came at the DCE
meeting on Monday of this week where the letter of opposition was
presented to them. In fact, at that meeting he proposed for the letter to be
14
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2018
provided to the cities for consideration of adding their voice to the objection.
He said he was responsible for the short time frame, but in this particular
instance, Council may have been able to gain a day or two, but not much
more.
Councilmember Kelly reiterated she was asking for what is possible, and this
morning was possible, adding she wants folks to behave, based on the
presumption that Councilmembers will do their homework, instead of the
presumption that it will speed read and rubber stamp.
Mayor Jonathan called for the vote, and the motion carried by a 4-1 vote (AYES:
Harnik, Kelly, Weber, and Jonathan; NOES: Nestande).
XVII. CONTINUED BUSINESS
None
XVIII. OLD BUSINESS
None
XIX. PUBLIC HEARINGS
None
XX. ADJOURNMENT
With City Council concurrence, Mayor Jonan djourned the meeting at 5:00 p.m.
i 1
1 D
S.-An , JONATHAN, MAYOR
ATTEST:
RAHELLE D. KLASSE1 , CITY CLER
CITY OF PALM DESERT, CALIFORNI
15