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HomeMy WebLinkAboutPreliminary Minutes - City Council November 10, 2011PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 10, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Cindy Finerty Councilmember Jan C. Harnik Councilman William R. Kroonen Mayor Pro Tern Robert A. Spiegel Mayor Jean M. Benson Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan,, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community 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 Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 42-134 Golden Eagle Lane (APN 624-431-007), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Elizabeth McCarthy Under Negotiation: x Price x Terms of Payment 2) Property: 74-705 King Fisher Circle (APN 624-440-028), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Adolfo Carpena/Cinthia C. Villalba Under Negotiation: x Price x Terms of Payment 3) Property: 75-406 Orange Blossom Lane (APN 634-062-013), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Heika Pfeiffer Under Negotiation: x Price x Terms of Payment 4) Property: Lease Property - 42-455 Washington Street, Palm Desert Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: City of Palm Desert/Palm Desert Redevelopment Agency Other Parties: Up A Creek, Inc. (Casey's Restaurant) Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 On a motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:01 p.m. 2 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PRESENTATION OF COLORS and PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Boy Scouts of America Troop No. 377 of Bermuda Dunes, California VII. INVOCATION - Mayor Jean M. Benson VIII. ORAL COMMUNICATIONS- B MS. BRIDGET ZAPPIA, Palm Desert, CA, said she came before the City Council today to share the information she gained with regard to the alleged forged signature on the petition she submitted to the Council in August, regarding the Rosewood proposal. On Friday, October 28, 2011, the City Clerk provided her with a copy of a statement signed by Susan Aldridge. In lieu of a meeting to discuss the allegation of forgery, Councilmember Harnik provided this paper (a copy of the declaration was provided to each Councilmember). She quoted from the statement thereon, "I have never lived at the address that is written on the petition next to my name, nor is it my signature." She called attention to the page following the declaration provided to Councilmembers that contained a copy of the page of the petition in question and said that as shown there, Susan Aldridge's signature does not appear on the petition; rather, the document contains her printed name. Additionally, she said it should be known that Ms. Aldridge does own property at that numerical address; however, it is one street over from the street listed. She then referred to the name listed above Ms. Aldridge's on the petition. She said it is the name and address of Jack Russell, who she understood had been in a long- term relationship with Ms. Aldridge and had lived with him at the address printed on the petition. She noted that as Councilmember Harnik stated prior to the allegation of forgery, Ms. Aldridge is a very good friend of hers. Subsequently, she learned that Ms. Aldridge was also a client of Mr. Harnik's law firm. Therefore, she was led to believe that Councilmember Harnik may possess more intimate knowledge of the relationship between Mr. Russell and Ms. Aldridge, leading to improved understanding of why and how Ms. Aldridge's name appears on the petition underneath her boyfriend's name if, in fact, she did not place it there herself. Perhaps Ms. Aldridge's boyfriend printed it for her with her permission. Perhaps Ms. Aldridge changed her mind about the hotel once she learned the stance of her good friend Councilmember Harnik. Whichever the situation, she believed none of these scenarios rose to the level of accusing her of forgery and minimizing the validity of the petition she submitted. She awaited an apology and a retraction from 3 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 Councilmember Harnik. She observed that as Councilmembers could also ascertain, she was no closer to the truth on the matter. However, what remained clear to her was that this was a petition drawn up for the sole purpose of gathering the collective voice of concerned citizens about a potential development in Palm Desert. There was no need to forge signatures. She admonished that for a Councilmember to belittle a resident for their efforts nearly a month after the vote had been taken on the hotel matter showed little concern or respect for the people, as well as a lack of leadership. If she is successful in getting to the truth of the matter, she will come back to the City Council to present her findings. Meanwhile, she hoped the Council would accept the information she provided today as her sincere effort to clear her name and to give strength and integrity back to her petition for the sake of all those who had signed it. MR. KENNETH DORAN, Palm Desert, CA, spoke to the City Council regarding his previous appearance several weeks ago, questioning the City Manager's recruitment process. As he continued with his investigation, he questioned what the penalty would be for a violation of that process and referred to Title 2, Chapter 2.52.205 of the Palm Desert Municipal Code. He had contacted the Sheriff's Department and had also talked to some people at the City, but no one seemed to know what the penalty would be for a violation of that Chapter. He asked the City Attorney or City Councilmembers themselves to respond. Mayor Benson answered that during this portion of the meeting (Oral Communications) Councilmembers did not provide lengthy responses or deal with specific complaints from speakers. These issues would have to be taken up in a different manner. In response to Mr. Doran's further inquiry, Mayor Benson referred him to the City Clerk for information. OCCUPY COACHELLA VALLEY MOVEMENT PROTESTERS spoke regarding their displeasure, disappointment, and shame for the way the City of Palm Desert treated their group by terminating their permits after the last Council Meeting on October 27, followed by arrests of members on October 31. MR. DUSTIN POWELL, Palm Springs, CA, stated he was a former Palm Desert resident and a COD (College of the Desert) student, twice making the Dean's List there while working full-time at his present employer, Eisenhower Hospital. He commented that he worked hard, voted, paid taxes, had never accepted a dollar from the government, and paid for his education himself. He'd never had any trouble with the law. He related that many of his fellow employees were laid off because the health system was broken, and his own family members who are teachers are unable to be steadily employed because the education system is broken. Lastly, his parents lost their home because the banking system is broken. He felt helpless about effecting positive change in our democracy; voting alone seemed to be a an exercise in futility, as he'd watched his representatives devote their time to partisan bickering at the expense of those it is their duty M PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 to represent. He'd resigned himself to this state of affairs until recently when he met the people of Occupy Coachella Valley (OCV). Their peaceful demonstration, a 24-hour sit-in, provided him with a chance to speak about his concerns with people of every political ideology; he found himself surrounded by people of every age with civic minds and a sense of responsibility for the direction of our country and our community. He found himself heard and was proud to now be a member of the group. Two weeks ago today he appeared before the City Council to thank Palm Desert for working with their peaceful group, pointing out that they had never posed a threat to the health or safety of the community; in fact, they were proud to support these objectives. He encouraged the City Council to recognize their peaceful group as an asset and urged continuing to work with them. However, the next day (Friday) permits were not renewed, and their plan to readdress the issue with the City on Monday would not come to pass — they found themselves thrown in jail before the weekend was out. Over the weekend they were told that if they did not clear out and end the demonstration, they would be served with citations. If the citations were not then signed, they could be detained. But what actually happened was an ambush. Without warning, two rows of Police seized them and bound their hands with zip ties. Lt. Shouse, who wasn't even present during his arrest, told the press that they were offered the chance to move to the sidewalk. He said this account has been repeated by several officials, none of whom were present, but it was patently false. He was detained 10 feet from the sidewalk and given no choice at all; because if so, he would have accepted the offer. He cautioned that if the City continues this public deception and a case goes to trial, the officers present will have to perjure themselves to maintain the deception, or else the truth will come out. He said the citations they were threatened with weren't enough to detain them, so the City saw fit to charge the group with unlawful assembly, which meant that a group has gathered with the intent to use force and violence to disturb the peace and tranquility of the community. He said the OCV always has been and will continue to be a peaceful group; he would not participate otherwise. He felt the only use of force and disturbance of peace came from the City's perverse and militant use of the Police. He didn't blame the officer who arrested him, as he knew he was only following orders; he holds the City of Palm Desert to account for this action. He stated that his wrists and ankles were cuffed and shackled to a chain around his waist. He was stripped to a single layer of clothes and thrown barefoot into a frigid, filthy cell, as were his colleagues. He said they gathered in peaceful assembly, and the City treated them like violent criminals; they gathered out of a sense of responsibility to the community and the country, and the City put their mug shots and fingerprints on the books. He said they gathered to create a safe place for truly civil discourse, and the City answered with an uncivil, obscene show of force. In a letter from the City explaining the reasoning behind non -renewal of the permits, they were told the City did not want to set a precedent for long-term camping; never mind that this line of reasoning ignored the fact that it is a PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 demonstration, not a camp -out. He said the City had set a precedent — for jailing responsible citizens, for strong-arming peaceful assembly. He acknowledged that his life will be altered by the City's actions — his applications for five medical programs hang in the balance while the City portrays him as a violent criminal. As a member of this community, he was embarrassed and ashamed by this uncivil display of disrespect for its citizens. If Councilmembers were also embarrassed and ashamed, that was good; it meant they had a conscience and entered public service for the right reasons. He asked what the City Council would do now and asked that the answer be given by action — requesting that the District Attorney drop the charges and halt the betrayal of civil -minded community members. With City Council concurrence, Mayor Benson suspended the agenda at this point in order to take up Section IX - Awards, Presentations, and Appointments, Item A. Following that item, she returned to Oral Communications with the following speakers of Occupy Coachella Valley. MS. REBECCA DAY, Palm Desert, CA, said as a participant with the Occupy Group, she'd walked Civic Center Park several times recently and wondered if any Councilmembers had done so. Because what she encountered was mud and saturated grass in nearly every section, except possibly the baseball fields and dog park. She felt the amount of water being wasted there was absolutely unreasonable, not to mention that someone would be easily drenched in the Park by sprinklers that seem to run at all times of the day. Additionally, when sprinklers were running at high noon when evaporation would be greatest, she asked why the City would be so irresponsible with its natural resources. As for the Occupy Movement, they were a peace -loving people. Last month they came before City Council and expressed sincere gratitude for respecting their constitutional right of freedom of assembly, after which they were told their permit would no longer be renewed. She found the timing very suspicious, waiting until after the Council Meeting to inform the group. She said ordinances can be a good thing but were not the be-all and end-all. As elected officials, she felt City Council has the responsibility of looking at each case on its own merits. She didn't believe any of the Councilmembers had stopped by their gathering to speak with anyone personally, even as late as today. However, the City was more than willing to "sick the dogs" on the group, calling on the Riverside County Sheriff's Department to bully and intimidate — harsh tactics were used simply because the Police could, not because they were necessary. Unarmed citizens were man -handled by riot police, much like she watched to her horror in Egypt and Libya. Those in authority have pushed people too far — they were not criminals, nor were they violent. She said the Occupy Movement was here to stay, and she suggested the City work with them to find common ground. America is changing, and this fast-growing movement was evidence of it. She knew this was just one of many places the 1 % uses as their playground, but there were also the 99%-ers who live here year- 0 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 round, pay taxes, and vote. She believed the City Council would be foolish to ignore them. MR. TRACY TURNER, Palm Springs, CA, said he echoed the comments made moments ago. He hoped the City would find ways to work with the Occupy Group. He said Orange County was working with people in the Occupy Citizens' Movement, and certainly Palm Desert could do the same. MR. ALEX HOEBER, Cathedral City, CA, first addressed the City Council about the Pledge of Allegiance, noticing that everyone in attendance today was led in the Pledge. He read the first draft written by Francis Bellamy in 1892, "1 pledge allegiance to my flag and the republic for which it stands; one nation, indivisible, with liberty and justice for all." He called attention to the fact that there was no "under God" clause, albeit there are some variations in it. Along with many others, he believed that this is one of numerous things that have eroded the original ideas of the Constitution. The clause was put into place in 1954 by President Eisenhower and many supporters, such as the Free Masons, Rotary Club, Knights of Columbus, and the largest issue he has with it is the statement "under God." He said people have freedom and liberties in this country that say no one has to believe in just a god, people can believe in multiple gods or whatever they want —even the absence of a god. But he felt that the fact of being led in a Pledge of Allegiance to a god violates the rights of the public. People are seen as less American if they cannot pledge to a flag. Secondly, he noted with regard to the Occupy Movement that he was not present when his friends were arrested — he now called them close friends because he'd never felt more part of the community, more human, more American, than being part of the Occupy Group. He felt their movement was the best thing for the country and the only way any real progress would be made in order to get people out of this 49corporatized" system of control that takes tax dollars and lines people's pockets with them (the richest 1 %, the elite). He related that he learned that eight of his friends were arrested at 3:00 a.m. After occupying the Park for seven nights in a row, he was exhausted and went home to sleep. He felt badly that all his friends were arrested while he was gone, because he had been the one saying he would be right there with the group when they got arrested and all their First Amendment rights were infringed. After learning of the arrests, he dressed at 3:00 a.m. and went to the corner by himself, without sleep, taking a sign and a chair to occupy —it was what he believed in —and stayed another 12 hours. He closed by saying they were not criminals, they were just trying to get what was rightfully theirs —a voice and their tax dollars back from the corporations who've taken and used them unwisely. MS. BROOKLYN McGRAW, Palm Springs, CA, supported Occupy Coachella Valley, being on -site as much as possible even with a full-time job. She felt lucky not to be on the property the night the Police snuck up on the 7 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 group and started arresting people. Instead, she happened to be on the sidewalk, next to her car a few feet away. She reiterated that they were not criminals, and she didn't think it was a big deal for the group to be able to use one section of concrete as opposed to the other. She felt ashamed of Palm Desert for enforcing its unlawful regulations. that were above and beyond the Constitution, which was supposed to be the law of the land. She hoped that the City would work with their group to bridge the gap with some form of communication rather than simply stating why the group can't be there, which was the same reason why they could be there in the first place. It didn't make any sense to her. MR. KEVIN HARRIS, Palm Springs, CA, said he was new to the Coachella Valley and went out to see the Occupy Movement to learn what was going on. Today he was here to protest against the harsh and brutal tactics utilized by the Police during the arrests of non-violent, peaceful protesters. He stated that the First Amendment provides citizens the right to assemble without fear of repercussion by ill -trained police officers. Given what has happened across the country, he said Palm Desert elected officials should be supportive and understanding of many difficulties that their residents are experiencing. In the future there may be further economic despair, and he asked if the City Council would seek to suppress residents' First Amendment rights in the same manner in which they attempt to seek redress. From what he understood, the arrests were illegal, and he wondered if it would be the City's continued philosophy for the way in which it treats residents. MS. MELODIE SCHWARTZ, Palm Desert, CA, spoke on Solidarity Via Marques in conjunction with statements made by otheroccupiers locally and read an excerpt, as follows. "The dynamic of the society has long since passed the stage where it could grow on its own resources, it's own market, and on normal trade with other areas. It has grown into an imperialist power, which, through economic and technical penetration and outright military intervention, has transformed large parts of the Third World into dependencies. Its policy is distinguished from classical imperialism of the preceding period by effective use of the economic and technical conquests on the one hand, and by the political strategic character of the intervention on the other. The requirements of the global fight against communism supersede those of profitable investments. In any case, by virtue of the evolution of imperialism, the developments in the Third World pertain to the dynamic of the First World; and the forces of change in the former are not extraneous to the latter. The external proletariat is a basic factor of the potential change within the dominion of corporate capitalism. Here -is the coincidence of historical factors of revolution. This predominantly agrarian proletariat endures the dual oppression exercised by the indigenous ruling class and those of the foreign metropoles. A liberal bourgeoisie, which would ally itself with the poor and lead their struggle does not exist. Kept in abject material and mental privation, they depend on a militant leadership. E:3 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 Since the vast majority outside the cities is unable to mount any concerted effort, concerted economic and political action, which would threaten the existing society, the struggle for liberation will be a predominantly military one —carried out with the support of the local population and exploiting the advantages of a terrain, which impedes traditional methods of suppression. These circumstances of necessity make for guerilla warfare. It is the great chance, and at the same time the terrible dangers, for the forces of liberation. The powers that will not tolerate a repetition of the Cuban example, they will employ evermore effective means and weapons of suppression, and the indigenous dictatorships will be strengthened with the evermore active aid from the imperialist metropoles. It would be romanticism to underrate the strength of this deadly alliance in its resolution to contain subversion." MR. JAYEL AHERAM, Palm Desert, CA, came forward to share his extreme displeasure and disappointment with the way the City of Palm Desert has conducted itself and tarnished his city's reputation, along with its mistreatment of his fellow brothers and sisters of Occupy Coachella Valley (OCV) for exercising their inalienable and God-given right to peacefully assemble and exercise their free speech rights. They were cuffed, chained, threatened with jail time, and treated as and called criminals by the Riverside County Sheriff's Department acting on behalf of the City of Palm Desert. He said the whole world was watching; it watched Palm Desert act against the 99%. He asked why in the middle of budget cuts the City could find the resources to send two dozen Police to arrest peaceful demonstrators on Halloween night. He asked how the City could justify the cost and surveillance of protesters, and he wondered if that was how the City wanted to spend its resources —with 24/7 police intimidation and harassment, and suppression of OCV's First Amendment rights. He said it was unacceptable that the City will send its Police to arrest under false charges of unlawful assembly. After previously spending seven months in Iraq defending liberty and freedom, it was ironic to him that when he exercised that right herein the City of Palm Desert, he ended up spending two nights in jail. He said that truth was, indeed, treason in the empire of lies. He went on to provide background about himself, including that he is a student leader at College of the Desert, an active participant in student government, including the College Planning Council, which is the shared governance for COD. He is editor in chief of the College newspaper, The Chaparral, and the founding station manager for College of the Desert's first radio station. He was also an accomplished photographer, for which this past summer the City of Palm Desert saw fit to host a solo exhibition for him in its Community Gallery. He wanted to make it clear that he was a responsible citizen — at one time working three part-time jobs and contributing back to the community, to the City of Palm Desert. Yet when he chose to participate in exercising his constitutional right, the City Manager, acting on behalf of the City Council, 0 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 had his group arrested, shamed and cuffed them, and treated him like a criminal. He shamed the City Council for this action. MS. GALE WHEAT, Indio, CA, said she was a member of the Occupy Coachella Valley Movement (OCV). She was arrested on November 2 for a curfew violation in Civic Center Park. She was taken to the Indio Jail, stripped of all her possessions, her shoes and socks removed, and she was thrown into a freezing cell and left there, while officers of the Indio Police laughed and joked outside her cell, calling her "the Occupy f—ing Coachella Valley Protester." Like other members of OCV, she learned the hard way that there is no space, no base, and no place for them in Palm Desert. She said the Bill of Rights, which people in this country died for and the country's founding fathers gave to the citizens so they could remain free, have been tromped by Palm Desert, and it is wrong. She had planned to make some kind of conciliatory remarks today, inviting the City Council to get to know the group and understand that they are not the enemy. She said they are very responsible people who are really concerned about their country. She said they come out of their homes, meet on park corners, meeting in the dark, on the sidewalk, and did so because they really care about their country. She asked the City to please not think of them as the enemy but get to know and start trusting them. She said it had been an extremely emotional experience for her, but she was proud to be a member of the organization; it was one of the most wonderful things that had ever happened to her. While the City may chase them away, they weren't going anywhere — they would continue to fight for their country. MR. STEVEN KONG, Desert Hot Springs, CA, stated that while he'd been given a statement to read regarding the First Amendment by OCV Protesters, he preferred to speak from the heart. He felt it was something that Americans were known for doing once but were afraid of doing now, and the Coachella Valley is a horrible example of that fact. He was born in Brooklyn, NY, has lived in California most of his life, and in between he'd lived on the Interstate —Texas, Florida, etc. In his opinion, the Coachella Valley is plagued with apathy. When the Occupy Movement sprung up over a month ago, he saw it as hope for his new home. He graduated from Palm Springs High School, attended College of the Desert and Santa Monica College, and he works in Desert Hot Springs. After traveling the 50 United States, he'd seen a lot of discontent in Americans and a lot of non - accountability in what we call democracy —not only in the representatives or those who are termed "too big to fail" or "above the law," but also in the people who assume that voting is all they can do. He said the Occupy Group gathered peacefully here in the Coachella Valley to give to the citizens a list of grievances and a declaration of demands, as it says is their right under the First Amendment, whether it takes 24 hours or 38 days —it's not specified in the First Amendment of the Constitution. He went on to say that the Constitution actually took a lot longer than 24 hours, as did every 10 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 Amendment to it. He felt taking that right away from American citizens is disgusting. MR. RYAN CARTWRIGHT, Palm Desert, CA, noted the irony in the fact that he previously sat in the Council Chamber and spoke at the podium several years ago as a participant in the YMCA Youth in Government Program, much like the young people now with YMCA who spoke earlier. At that time he was applauded for thinking legally and proactively, trying to do something for his community, utilizing that education and expand upon it to make it into something meaningful and useful. Now that he'd done that, he spent 12 hours in jail, acknowledging that it was obviously filthy, cold, and one would be hurt when they were arrested. He realized it wasn't the City Council personally, but they must understand the consequences of their actions. He related that a 20-year-old diabetic spent four days in the hospital after being released from jail, because he was totally off and was refused treatment. That person was thrown back into the cell vomiting, to the sounds of rousing laughter from the Police. He said the OCV was not doing this in fun; it wasn't a camp -out, they were here to make a difference, have an ongoing dialog and a center of operations. He remarked that the City Council didn't want their group to be in a park that they paid for, which meant there was a disconnect. He referred to Mr. Doran in the audience, noting that the Mayor said she couldn't respond when he asked a simple question earlier in the meeting. However, when Councilmember Harnik was rebutting a person with some sort of accusation, of course she could speak; and it was totally unfair. He was very frustrated, now having all these criminal things to deal with, even though he was a full-time student, on the Dean's List, and also works, noting that all of the OCV members work. He said there was a total misconception that their group was waiting for some sort of socialized hand- out or that they want more money. They did not; they wanted to be able to peaceably assemble without fear of being beaten by the Police. He said there was a battle all over the world right now. He saw videos every day of people being beaten down in Oakland, Riverside, in France and Africa —people bleeding and pregnant women being thrown to the ground in Riverside, not far from Palm Desert. He compared it to the order given by the City Council. He admonished that we have to be a responsible society and citizenry. He said his qualms were not with the people in the Council Chamber, nor with any people, it was against these principles and concepts that alienate people as citizens and human beings, driving people away from one another, all designed and constructed to control them —City Ordinances were in place for things like this. He took his little brother to the release of a video game the other night, and they'd gotten a permit for it —minors can stay up all night for the new iPhone or to see a Twilight movie, and that's fine —but all of a sudden when there's no money to be made, it's a problem. He promised that he wouldn't forget what happened and that there will be counter suits because of it. 11 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 MR. CASEY COWARD, Palm Springs, CA, said he'd lived in California all his life, spending the vast majority of time in Palm Springs where he presently lives and works. He was here today because he felt the City Council had an opportunity to correct what he saw as an egregious injustice that took place not far from the Council Chamber early last week, referring to arrests of the Occupy Coachella Valley Protesters in Civic Center Park. He was well aware of the previous justifications made for discontinuing the Temporary Use Permits allowed to the occupation. As a group with an almost unmatched reverence and admiration forthe wonderful Civic Center Park, they were first in line to understand the City's interest in protecting it. However, they reject the premise that their community's manifestation of the Occupy Movement is a threat to the continued and reasonable functioning of the Park. Quite the opposite, they believe that a persistent site for free and productive discourse concerned with addressing the complex challenges our country faces enhances Civic Center Park. They view it as a net gain for the community — an inclusive place for those who seek to leave this country a little better off than it is right now. Therefore, he hoped the City could see the absurdity of the arrests and continued harassment of the Occupy Coachella Valley Members, a growing assembly of locals engaging with their democracy — utilizing their constitutional rights —was something to be encouraged and accommodated. At worst, it was something the City could possibly ignore. But the City and the Riverside County Sheriff's Office has gone beyond that and actively harmed the OCV group. They were not encouraged, they were arrested; they were not accommodated but were harassed. Because of the City's decisions, OCV was left a little colder, a little more tired, and a little less free. He said the City has compromised the public health and safety of real people to protect the public health and safety of no one,, which he felt would be satire if it wasn't real. He submitted the idea that their constitutional rights outweigh the thin, unfounded, personally uninformed reasoning the City has used to justify its recent actions. He couldn't apologize for the unconventional nature of the Occupy Movement, using public space as a form of protest, and he didn't expect the City Council to share in that view. Instead, he expected the City Council to possess the creative intelligence to put the fundamental rights of a productive, dedicated, non-violent group ahead of current City Ordinance that has been given far too much sway. He asked that the City Council no longer rely on the thinnest margins of authority and procedure to justify its actions and decisions, but instead look to the higher principles and faculties undoubtedly possessed in an effort to better adapt to the changing circumstances of these troubling times. He cautioned that if the City chooses to continue the present course of action, continues to compromise the First Amendment rights and safety of many of Palm Desert's most dedicated citizens, he hoped it was with a heavy heart. He hoped the City Council does not view it as a submission to the brute realities of organized society, but as a failure of courage, intellect, empathy, and respect for the rights and lives of the citizens it represents. He hoped the City Council would seek an end to the shameful charges made 12 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 against his fellow Occupiers and works with them to restore their site within the Park as a place of peaceful protest and change. MR. MASON J. H. CUSENZA, Palm Desert, CA, stated he had a message to deliver to the City Council from the 99% and read the First Amendment to the Constitution, which was responsively repeated by audience members in attendance regarding the Occupy Coachella Valley Movement. "Amendment One to the Constitution of the United States of America. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peacefullyto assemble, and to petition the government for a redress of grievances." MR. JOHN SNYDER (sp?), Morongo Valley, CA, said he was a long-time resident of the area. He'd recently met these young people and was very proud of them. He related that now retired, he had a lot of time to watch the news to keep up with current events. In the last week there had been a couple of elections in Central America: one in Nicaragua and one in Guatemala. He said in Nicaragua, Socialist President Daniel Ortega was returned to office for the third time; taking that power after starting in the streets begging for it, after Nicaraguan Armed Forces backed by graduates from the School of the Americas (paid for by corporations that run the country) started killing and torturing people, which turned into an armed revolt. Peace came, the "Muchachos" won the battle, and then they built a revolution and a free country where hundreds of thousands of children that never would have a chance to go to school. In Guatemala they elected a new president, who was a student at the School of the Americas —a Major in 1992. Four soldiers working for him at the time were just sent to prison for a term of 6,000 years —each one given the maximum sentence for murders they committed during the time that over 250,000 Mayan Indians were murdered in that part of the country. He said that Major is now the President of Guatemala, elected three days ago. His point today was that this could go either way, but it didn't have to be "doomsday." MS. SUSAN ORTEGA, Palm Desert, CA, commented on behalf of the younger participants in Occupy, even though many of them were not young. She compared the young people of Occupy to the young students in attendance earlier as part of the After School groups; she was familiar with many of those in Occupy who previously participated in those same organizations. As a community, she urged working together to be one and to be proud of it. With regard to setting precedence and whether or not to allow Occupy, she believed Palm Desert should be setting a precedent to be one community. MS. MARY WALKER, Palm Desert, CA, commented that she was one of those arrested on Halloween night and recounted her experience. She was 13 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 standing on the edge of the sidewalk and observed that her roommate, who was not part of Occupy and had just dropped her off there, was arrested without warning. She then presumed that putting her arms out to him was enough to say that she was in the Park; she was pushed into the Park by Officer Ellis. Furthermore, her purse was tangled on her arm as the Officer was trying to pull it back, and she asked if she could set down the purse. For this, she was tripped and pushed down, and two other Officers got on top of her. She said that they put the zip ties on so tight that her hands were losing circulation. At first she didn't want to complain, but after she was in pain, they eventually cut them off and reapplied new ones, realizing that they'd been too tight. She wanted to make the point that she was disgusted with the way in which the Police handled the people that night and with the way the City treated its citizens. She declared that the City Council will be the ones held responsible for this action, not her. MS. GABRIELLE JACKSON, Palm Desert, CA, came forward to say thank you to the Occupy participants for standing up and personifying her needs and desires that she was unable to carry out because of her position here. She said for each one of them here today, there were 100 more people who felt the same as she did —they are not alone but were backed by many other people who didn't know how to come before the City Council to speak. MR. MARIO GONZALES, Palm Desert, CA, said he was familiar with many of the people here today with Occupy, but he wasn't a part of the group. While he wasn't part of their occupation, he totally agreed with their line of thinking. He said these people just wanted to hang out at the Park —they're not violent, they don't belong to a political party, but they were citizens. He pointed out that he was born in Mexico and not a citizen but a resident of this country. He came to America and thought that he'd have basic rights —freedom of speech and to get a job —the American Dream, whatever that meant currently. He was disappointed to see these people in the paper being arrested. He hoped the City Council would give consideration to what they are doing, because the people here today were all just people that work, go to school, and live here. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE CITY COUNCIL BY THE AFTER SCHOOL PROGRAMS AT ABRAHAM LINCOLN ELEMENTARY SCHOOL AND PALM DESERT CHARTER MIDDLE SCHOOL. MS. JILL GARNER, Principal of Abraham Lincoln Elementary School, and MS. KARLY MEZA, Director of the YMCA After School Program at Lincoln Elementary, and Lincoln students were in attendance to address the City Council about how much the After School Program meant to them and how 14 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 much it improved their academic skills, while also providing fun activities each day. Both Ms. Garner and Ms. Meza, along with the students, expressed sincere gratitude for the City's support of the After School Program and extolled the benefits that were gained by the students involved in it for the past seven years. Representing their fellow students, Nathaniel Irvin (sp?) and Taylor Williams read thank -you letters to the City Council. MS. MOLLY KAZMER, Co-directorof the Palm Desert Charter Middle School (PDCMS) After School Program, a.k.a. Shot -Camp Academy, and several PDCMS students who participate in it also addressed the City Council about their successes in the After School Program and how much both grades and test scores had improved because of their participation. Ms. Kazmer said the Academy was in its fifth successful year, and their program was chosen to operate it because of hers and her husband's background of 35+ years' experience working with children in sports, which has tied in nicely with promoting academic accomplishments as well. Ms. Kazmer reported that there were currently 113 students in the Program, each of whom have six academic classes, which equals 678 total grades to be given. First Quarter grades had just been announced with the following results for PDCMS After School participants: 324 -A grades, 213 - B grades, 98 - C grades, 39 - D grades, and only 4 - F grades, which they knew would be improved upon. Representatives from each class were present to personally thank the City Council: Emily Rosas - 6m Grade, John Dumbrowski (sp?) - 71h Grade, Sophia Halle (sp?) - 8th Grade. Along with their positive academic achievements, they were pleased to be able to participate in many enriching activities that helped boost their overall experiences and successes in school, just like their float in this year's Golf Cart Parade said, "Everybody Wins!" Mayor Benson added her thanks to the students and teachers of the After School Programs, because the City was very proud of them, the achievements they've made, and also very proud to be a part of their future success. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 27, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 104, 105, 109, and 110. Rec: Approve as presented. 15 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of September 21, 2011. 2. Parks & Recreation Commission Meeting of October 4, 2011. Rec: Receive and file. D. REQUEST FOR AUTHORIZATION to Issue a Request for Proposals (RFP), Seeking Artists for the 2013-2014 El Paseo Invitational Exhibition (Contract No. C31330). Rec: By Minute Motion, authorize staff to issue an RFP, seeking artists to exhibit in the 2013-2014 El Paseo Invitational Exhibition. E. REQUEST FOR APPROVAL of the Extension of Contract with D. W. Nicholson, LLC, d.b.a. Desert Building Services, to Perform Janitorial Services for the City of Palm Desert at the Henderson Building for One Additional Year in the Amount of $11,880 (Contract No. C22161 C). Rec: By Minute Motion, approve extension of the subject contract with D. W. Nicholson, LLC, d.b.a. Desert Building Services, Rancho Mirage, California, to perform janitorial services forthe City of Palm Desert Henderson Building forone additional year in the amount of $11,880, and authorize the Mayor to execute same — funds are available and budgeted in Fund 510. F. REQUEST FOR APPROVAL of the Renewal of Lease Agreement Between Desert Willow Golf Resort and Cintas Corporation in the Amount of $41,709.96 forthe Clubhouse and Maintenance Uniform Services for a Term of One Year (Contract No. C30331). Rec: By Minute Motion, approve renewal of the subject Lease Agreement for Uniform Services with Cintas Corporation, Ontario, California, in the amount of $41,709.96 (includes tax) — funds are available in Golf Course Expenses Account No. 520-4195-495-8091. G. REQUEST FOR AUTHORIZATION to Release Retention Funds in the Amount of $39,443.67 for Contract with Dokken Engineering — Preliminary Engineering and Environmental Documentation for the Portola Avenue Interchange on Interstate 10 Project (Contract No. C24660, Project No. 637-02). Rec: By Minute Motion, authorize release of Retention Funds in the amount of $39,443.67 held in connection with the subject contract with Dokken Engineering, San Diego, California. 16 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 Upon a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: ORDINANCE NO. 1229 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 3.32.125 - LOCAL BUSINESS PREFERENCE PROGRAM TO CHAPTER 3.32 - PURCHASING POLICIES AND PROCEDURES OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA. Mr. Erwin called attention to the staff report provided in the agenda packets. He said it basically provided a 5% credit in purchasing from local businesses within the Coachella Valley. He offered to answer questions. Mayor Pro Tern Spiegel felt it was a good idea and something the City Council had been asking about for some time. Mayor Pro Tern Spiegel moved to waive further reading and pass Ordinance No. 1229 to second reading. Motion was seconded by Finerty. In response to Councilmember Harnik's question, Mr. Erwin said the Ordinance was solely for purchasing, not Public Works. Mayor Benson called for the vote on the motion, and it carried 5-0. B. For Adoption: None 17 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH PMC WORLD IN THE AMOUNT OF $123,762 TO UPDATE TITLE 25 -ZONING - OF THE PALM DESERT MUNICIPAL CODE (CONTRACT NO. C31340). Mayor Pro Tern Spiegel asked when the former Zoning Code was adopted, and Ms. Aylaian responded that the Code had been in place as long as the City's been incorporated. She went on to say it had been revised, added to, and amended over the years, and believed the last time a large portion was reviewed was in the '90s. Mayor Pro Tern Spiegel noted that the City Council conducted a Study Session on this subject prior to today's meeting, and it looked to him as though the Code needed updating. Mayor Pro Tern Spiegel moved to, by Minute Motion, approve the subject agreement with PMC World, Rancho Cordova, California, in the amount of $123,762 for services required to update Title 25 - Zoning - of the Palm Desert Municipal Code to be consistent with the General Plan, and authorize the Mayor to execute same — funds are available in Account No. 400-4470-412-3090. Motion was seconded by Kroonen and carried by 5-0 vote. B. REQUEST FORAPPROVAL OF THE 2012 "ROCK'N' ROLL" NEW YEAR'S EVE HALF MARATHON EVENT AND SPONSORSHIP. Mayor Pro Tern Spiegel commented that the event had been canceled for 2011, even after the City already approved it. He said it was canceled because the operator didn't have sufficient time to get enough runners. He felt if they could get enough runners to participate, it would be very beneficial for the City's hotels, restaurants, etc. Councilmember Finerty agreed and noted that she voted for it before, but she wanted more information about the host hotel. She said the report stated that the Competitor Group plans to continue to utilize the Marriott Desert Springs, but it also said that the Hyatt Grand Champions in Indian Wells will also be used. She asked if there was a difference in the meaning of "plans to continue" and "will also." Ms. Riddle answered that the host hotels for both communities approved in 2011 will stay the same for 2012. iiR] PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 Councilmember Finerty went onto observethat Indian Wells was withholding half of their sponsorship, subject to 3,000 or more room nights in Indian Wells. She asked how many room nights were anticipated in Palm Desert. Mayor Benson added that she was also concerned about having Indian Wells' 3,000 rooms filled before any are reserved in Palm Desert, and Councilmember Finerty agreed. Ms. Riddle said she would refer those questions to Mr. Walton from the Competitor Group. Councilmember Harnik noted that most of the route was through the City of Palm Desert, which pleased her. However, she was concerned about the event going forward now that the City of Indian Wells has cut out a lot of its giving. With the past approval allocated to 2011, she was concerned about it going forward in 2012 there. Ms. Riddle responded that the Competitor Group will have to approach the City of Indian Wells and has plans to do so. She'd spoken with Indian Wells staff member Nancy Samuelson, who believed that it would continue to be approved, and that was all Palm Desert had to go on at this point. MR. BRUCE WALTON, representing Competitor Group, said in answer to the first question above, there are only 1,500 hotel rooms in Indian Wells where the race starts and finishes. The Competitor Group believes the vast majority of room nights will be in Palm Desert, because as was mentioned, most of the race runs through Palm Desert. Secondly regarding whether or not the race will go forward, he said it was a good question but one difficult to answer. He felt that support of both communities is critical to the success of this event. He recalled for City Council that during consideration for 2011, which they regretted having to postpone to 2012, Indian Wells approved first, followed by Palm Desert. He said because of what is going on in the City of Indian Wells currently, they weren't quite ready to take it back to their Council; but they do intend to as Ms. Riddle mentioned. However, he stated that Competitor Group was excited about 2012 and looked forward to Palm Desert's support again. With regard to inquiry about the conditional approval, he said that was a debate that got somewhat sidetracked by one of Indian Wells' Councilmembers, and he believed it had since been amended administratively. Therefore, it was his understanding that it was 100% approved; although, it needs to go back to their full Council to be moved to 2012. Responding to question about when that would be, he estimated it would be in early December. Further responding, he said that both cities were contributing $54,000. Because the Police need in Indian Wells is much smaller than in Palm Desert, half of Indian Wells' money was for Police, the other half for marketing. 19 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 Councilmember Finerty asked for further clarification of the statement in the staff report that the Competitor Group will receive half ($26,700) with Indian Wells' approval. However, in order for them to receive the second half ($26,700), the event sponsor must show that 3,000 or more room nights were in Indian Wells. Yet Mr. Walton said there were only 1,500 rooms in Indian Wells. MR. WALTON answered that it was room nights, because Competitor Group's and the event's goal is to have people stay for multiple nights. In further response, he said it was a best guess but estimated between 6,000 - 7,000 total room nights. Therefore, somewhere between 1,500 in Indian Wells and 3,000, which would leave approximately 3,000 - 5,000 room nights in Palm Desert. He affirmed that depending on the market, their average stay was 2.3 nights. New Year's Eve falls on a Monday in 2012, so they hoped that the runners/participants and their friends/families will come on Friday and stay through Monday night. Upon Councilmember Finerty's inquiry if Mr. Walton would make a commitment to be as earnest in filling Palm Desert's room nights as he would to fill Indian Wells', since they were withholding half of their funding, he responded that he absolutely would do so. Mayor Benson believed Palm Desert should have the same agreement as Indian Wells. Councilmember Finerty agreed, unless, she said, Mr. Walton is correct in believing that it had been administratively taken care of in Indian Wells, and he again stated he believed it had. She asked if Mr. Walton would agree to a continuance until Palm Desert's staff has time to verify, and a motion to approve could be subject to such verification. Alternatively, she offered to continue the matter to such time as Indian Wells has okayed the event. MR. WALTON stated that the difference between Palm Desert and Indian Wells is that 100% of the funding goes for the Police needed to conduct the race in Palm Desert. In Indian Wells, it so happens that the math works out for half of their grant being for Police, the other half for marketing. He reiterated that the dialog in Indian Wells got somewhat off track; and the reason he believed it was corrected administratively was that it was felt the Indian Wells City Council's intent was to approve 100% of the funding. Mayor Pro Tern Spiegel asked if Mr. Walton would be agreeable to City of Palm Desert saying it would approve the request if City of Indian Wells gives the additional money. 20 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 Councilmember Harnik pointed out that approvals were given for the 2011 event that was canceled, but now the request was for 2012. MR. WALTON said the event was postponed, and they were asking that the City take what it approved for 2011 and move it into 2012. It was exactly the same proposal and request. Councilmember Harnik appreciated the explanation; however, she hated for Indian Wells to determine Palm Desert's actions. Mayor Pro Tern Spiegel felt the problem was that the event would not be held if Indian Wells didn't give the additional money. Councilmember Harnik agreed. Mayor Benson interjected that the City of Indian Wells was known for changing their mind on funding this year; they haven't upheld their obligations on other things so far. In answer to Councilmembers, MR. WALTON said it was unlikely the event would happen without Indian Wells' support. He also offered that Indian Wells just overwhelmingly passed their Proposition D, an increase in the T.O.T. (Transient Occupancy Tax) assessment, and that was where the marketing funding would come from. Councilmember Harnik felt the "Rock 'N' Roll" Half Marathon was a tremendous and exciting event, it would be a definite asset to Palm Desert, and she would like the City step up for it. Mayor Pro Tern Spiegel moved to, by Minute Motion, approve, contingent upon the City of Indian Wells' related approval for the event: 1) The 2012 "Rock 'N' Roll" New Year's Eve Half Marathon scheduled for Monday, December 31, 2012, with the condition that a Traffic Control Plan is approved by City staff; 2) proposed event route and road closures; 3) band placement at various locations throughout route; 4) waiver of Section 11.01.140 of the Palm Desert Municipal Code - Amplified Sound for the event; 5) waiver of Chapter 5.84 of the Palm Desert Municipal Code - Distribution of Literature, Peddling, and Solicitation for the event; 6) sponsorship for the event in an amount not to exceed $54,000 to be paid for Police Services rendered and paid directly to the Police Department from Account No. 110-4416-414-3062; 7) carryover of funds appropriated in FY 2011-2012 in the amount of $54,000 from Account No. 110-4416-414-3062 for this purpose. Motion was seconded by Harnik and carried by 5-0 vote. 21 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT NOVEMBER 10, 2011 C. REQUEST FOR APPROVAL OF ESTOPPEL CERTIFICATES FOR DEVELOPMENT AGREEMENT NOS. 07-03 AND 07-04 AND FOR THE EL PASEO VILLAGE AND GARDENS ON EL PASEO PUBLIC PARKING (The Taubman Realty Group Limited Partnership, Applicant). Mayor Pro Te Spiegel moved to, by Minute Motion, authorize the City Manager to execute the Estoppel Agreements for Development Agreement Nos. 07-03 and 07-04 (both regarding development of El Paseo Village), and for the El Paseo Village Public Parking Easement. Motion was seconded by Finerty and carried by 5-0 vote. D. REQUEST FORAPPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITY OF RIVERSIDE TO PARTICIPATE IN A CALIFORNIA OFFICE OF TRAFFIC SAFETY AVOID THE 30 DUI GRANT PROGRAM FOR FISCAL YEAR 2011-2012 (OCTOBER 1, 2011 - SEPTEMBER 30, 2012) (CONTRACT NO. C31350). Councilmember Finerty moved to, by Minute Motion, authorize the City Manager to enter into an MOU agreement with the City of Riverside to participate in a California Office of Traffic Safety (OTS) AVOID the 30 DUI Grant Program for FY 2011-12 (October 1, 2011 - September 30, 2012). Motion was seconded by Spiegel. In answer to Mayor Pro Tern Spiegel, Mr. Aryan said the grant amount was $175,000 collectively that goes to all approximately 30 law enforcement agencies. City of Palm Desert asks for reimbursement for any overtime hours expended for DUI enforcement. Mayor Benson asked Councilmembers to vote on the motion, and it carried on a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None 22 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 XVII. PUBLIC HEARINGS A. REQUEST FORAPPROVAL OF FINDINGS RELATIVE TO GOVERNMENT CODE SECTION 66006 - THE ANNUAL REPORT OF CALCULATION OF DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT. Mayor Benson declared the public hearing open and invited testimony SUPPORTING or OPPOSING the matter. Mr. Gibson commented that both local Building Industry Associations were provided with a copy of the report. To date, neither have commented back to him. With no public testimony offered, Mayor Benson declared the public hearing closed. Councilmember Finerty moved to waive further reading and adopt Resolution No. 2011 - 86 to make certain findings pursuant to California Government Code Section 66001 (Development Fee Funds). Motion was seconded by Kroonen and carried by 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER City Manager Meeting Summaries for the Period of October 19 - November 2, 2011. With City Council concurrence, the Summaries were received and filed. 2. Risk Manager Gary Rosenblum's Retirement Mr. Wohlmuth informed the City Council of and expressed sincere appreciation to Gary Rosenblum for his 10 years of service to the City of Palm Desert as its Risk Manager, congratulating him on his retirement. Mr. Rosenblum's last day on the job with the City was today, and his 10-year anniversary of employment would occur over the weekend. Mayor Benson offered hers and the City Council's gratitude for Mr. Rosenblum's hard work and dedication to the City, and all that he's done here. She wished him well in his retirement and in all his future endeavors. 23 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 3. Veterans Day Program - Friday. November 11. Civic Center Park Mr. Wohlmuth reminded and invited everyone to attend tomorrow's program to celebrate the service of our Veterans that will be held at the Civic Center Park Amphitheater, 11:00 a.m. 4. Recognition of City Clerk's Master Municipal Clerk Designation Mr. Wohlmuth announced to the City Council and audience that Palm Desert's City Clerk Rachelle Klassen had last month been notified that she'd received the highest recognition available to Municipal Clerks as awarded bythe International Institute of Municipal Clerks, the Master Clerk Designation. On behalf of the City Council, City Manager, staff, and members of the community, he presented her with a bouquet of flowers, along with hearty congratulations for this achievement. Ms. Klassen expressed her sincere gratitude to the City Council, the City and its residents for the privilege of serving them every day and for all the opportunities she's been given since coming to work here in 1995, serving as their City Clerk since 2002. Mayor Benson congratulated Ms. Klassen and said she was sure everyone appreciated her good work. 4. American Public Works Association 2011 Project of Merit Award Mr. Wohlmuth announced that the City of Palm Desert had been honored with the Southern California APWA 2011 Project of Merit Award for Public Facilities and Buildings for its award -winning Aquatic Center. The regional award now entitles the project to be entered for State recognition from the APWA and then will possibly be entered into the national competition. On behalf of the City and staff, he presented the engraved award plaque to Mayor Pro Tern Spiegel, who said he was rooting for the City and the project to be nationally recognized. B. CITY ATTORNEY None 24 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 C. CITY CLERK Report on Committee/Commission Member Annual Recognition. Ms. Klassen reported that she and Mr. Wohlmuth had communicated with the Mayor on her choice of how to recognize the City's volunteer Committee/Commission Members. This year, Mayor Benson chose to honor the approximately 125 Committee/Commission Members with a gift card from The Gardens on El Paseo and El Paseo Village. Gift cards are redeemable at all retailers and restaurants from those two properties, and staff will be getting the cards ready for presentation at the respective December Committee/Commission meetings. Councilmembers concurred that it was a great idea. 2. Consideration of the December 2011 City Council Meeting Schedule (Regular Meetings scheduled for December 8 and 22). Following Mayor Benson's inquiry of her colleagues, with City Council concurrence, it was determined that the regular meeting will be held as scheduled on December 8, and the December 22 meeting will be canceled unless something requiring attention prior to the January 12 meeting needs to be considered. D. PUBLIC SAFETY Fire Department None 2. Police Department Lt. Shouse reported on the arrest late yesterday evening by the San Diego Police Department of two suspects connected to the robbery at Leeds & Son Fine Jewelers that occurred on October 26. He said these suspects were also connected to a jewelry store robbery that occurred in San Jose and also a casino robbery in San Diego County yesterday morning. He went on to say the two suspects were in custody, and the Police were working to identify the third suspect that participated in the Palm Desert robbery. The Detective Bureau and every resource available was working hard to recover property, identify suspects, and collect evidence, doing everything possible to bring the case together. 25 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 E. MAYOR AND MEMBERS OF THE CITY COUNCIL City Council Requests for Action: None 2. City Council Consideration of Travel Requests and Reports: ►I=0 " 3. City Council Committee Reports: a) Coachella Valley Animal Campus Commission — Councilmember Finerty said as Chair of the Commission, now that the City was going to be televising its meetings as of next month, she was asked if the Palm Desert would be willing to host either the Animal Campus or Animal Samaritans at each meeting with a featured adoptable pet. People would then be allowed to call in about adopting the pet. She'd been advised that the City of Rancho Mirage does this, and it's been tremendously successful for the adoption rate. She asked for the appropriate approval for this new feature to be part of future Council Meetings in order to save the lives of adoptable pets. Councilmember Harnik thought it was a terrific idea, and Mayor Benson added she felt it would be appropriate for the group to bring one of each a dog/puppy and a cat/kitten for each meeting. Councilmember Finerty agreed to relay the good news to the Animal Campus Commission that the City would be pleased to feature pets for adoption at its upcoming Council Meetings. b) California Joint Powers Insurance Authority (CJPIA) — Councilmember Harnik reported that she'd attended the recent CJPIA Conference that was held the last week of October, the last Council Meeting occurring in the midst of it, and finished the conference on Friday, October 28. She obtained a tremendous amount of valuable information for the City, and it was a worthwhile conference for her. 26 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2011 4. City Council Comments: a) RSVP 40" Anniversary Luncheon — Mayor Pro Tern Spiegel noted he attended the recent luncheon on the Mayor's behalf. He presented her with an engraved crystal star that was presented to the City of Palm Desert in appreciation for its faithful support and generous donations to the RSVP Volunteer Program. b) Golf Cart Parade — Upon inquiry, Mayor Pro Tern Spiegel displayed a framed photograph he'd been presented of his riding on and Mr. Gibson driving the City's float (produced by participants in the Palm Desert Charter Middle School After School Program) in the Annual Palm Desert Golf Cart Parade held on Sunday, October 23. 5. Suggested Items for Future City Council Meeting Agendas None XIX. ADJOURNMENT On a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting at 5:36 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JEAN M. BENSON, MAYOR 27