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HomeMy WebLinkAboutPreliminary Minutes - City Council - September 13, 2012DRAFT a/_ /] PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. 11. ROLL CALL Present: Absent: Councilmember Jean M. Benson Councilmember Cindy Finerty Councilmember Jan C. Harnik Mayor Pro Tern William R. Kroonen Mayor Robert A. Spiegel Also Present: John M. Wohimuth, Executive Director David J. Erwin, City Attorney Rachelle D. Klassen, Secretary Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Kevin Vest, Chief of Police, Palm Desert Police/Riverside Co. Sheriffs Dept. Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs 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 DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Henderson Community Building - 72-559 Highway 111, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Palm Desert Chamber of Commerce Under Negotiation: x Price x Terms of Payment 2) Property: APNs 627-071-070, 627-071-069, 624-071-067, 627-071-068, 627-071-071, 627-074-014, 627-092-043, 694-200-001, 694-160-003, 640-370-016, 694-310-002, 694-310-003, 694-310-005, 694-310-004, 694-300-005, 694-300-001, 694-300-006, 694-300-002, 694-300-007, 694-190-005, 694-190-006, 694-190-007, 694-190-013, 694-190-014, 694-190-016, 694-200-003, 694-200-004, 694-200-006, 694-200-007, 694-200-011, 694-200-012, 694-200-022, 627-101-002, 627-101-017, 627-101-033, 627-101-038, 627-101-039, 627-262-008, 627-262-011, 630-250-022, 627-102-017, 637-033-001, 628-120-001, Partial 637-071-002, 622-200-053, 622-200-054, 622-200-056, 627-102-019, 627-232-005, 620-450-011, 620-450-015, 620-450-021, 620-400-028, 620-400-025, 620-400-026, 620-400-010, 620-420-008, 620-450-012, 620-450-013, 620-450-014, 620-450-016, 620-450-017, 620-450-018, 620-450-020, 620-430-024, 620-430-025, 620-370-002, 620-370-003, 620-370-004, 620-370-017, 620-370-018, 620-370-020, 620-370-033, 620-370-043 Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/Ruth Ann Moore/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Other Parties: Oversight Board Under Negotiation: x Price x Terms of Payment 3) Property: APNs 627-262-008 and 627-262-011 Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/Ruth Ann Moore/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 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 Kroonen, second by Harnik, and 4-0 vote of the City Council, with Finerty ABSENT, Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:04 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin stated there was no reportable action other than that the City Council may take under Section XIV - New Business, Item H, on today's agenda. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jan C. Harnik VII. INVOCATION - Councilmember Jean M. Benson Vill. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. MR. FRED SAUNDERS, representing Animal Samaritans, presented "Luigi," a male, five -month -old, terrier -mix, neutered, fully vaccinated and ready for adoption at their facility, telephone (760) 343-3477. He noted that "Luigi" loves people, other dogs, as well as cats, and he was looking for a loving permanent home. He went on to report that Animal Samaritans has now rescued over 2,000 pets from the Coachella Valley Animal Campus, placing them all over the United States and as far away as Canada. With City Council concurrence, Mayor Spiegel suspended the agenda at this point in order to take up Section IX - Awards, Presentations, and Appointments, beginning with Item F. Afterward, he returned to Oral Communications - General. B. GENERAL ORAL COMMUNICATIONS MS. JENNIFER CUSACK introduced herself as the new Region Manager, Local Public Affairs, Southern California Edison (SCE). She congratulated the City forthe award it just received from the U. S. Green Building Council, largely due to a relationship SCE was very proud to be part of with the City. She looked forward to continuing 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 that partnership, and noted she'd left business cards with each of the Councilmembers for their convenience and future reference, inviting them to call upon her. 2. MR. MEL HABER, President of the Board of the Angel View Crippled Children's Foundation, said he came forward on behalf of the Board and the children served to thank City Council for approval of Angel View's recent grant request. He said they are extremely grateful for the City's support of their transportation program. He noted that the Foundation provides residential care to children and adults with disabilities, also offering a day program for developmentally disabled adults throughout the Coachella Valley. To ensure their clients receive the best medical care possible, they are frequently transported to appointments with specialists. Those physicians and therapists are located in the Coachella Valley, Loma Linda, and Redlands; and because of Angel View's ability to transport them, they can get the needed services. Funds approved by the City help pay for this vital program, and he again thanked the Council for its support. Additionally, he was excited to announce that they'd expanded their services — because so many families with disabled children were struggling, this year a new outreach program was launched in hopes of making their lives a little easier. He said as always, Angel View welcomes clients from Palm Desert, and he extended an invitation to come by and tour their facilities whenever it's convenient. 3. MR. KENNETH DORAN, Elkhorn Trail, Palm Desert, stated that as we approach this election cycle, there will be a lot of things coming out in the next couple of weeks, noting that he's previously been very critical of City Council. However, today he wanted to take a moment to share his gratitude for one person, Councilmember Benson. He said while they were polar opposites in their approach to local government — she being more Machiavellian, he being more Tocquevillian — in the last 15 years that he's followed the City, she had been an honorable public servant. He wanted to let everyone know this and thank her for her service. 4. MR. JASON JORDAN said he wanted to address two important issues today: 1) Traffic signals; 2) animals. In his opinion, the greatest traffic signal anywhere is at the intersection of Gerald Ford Drive/Portola Avenue, because the sensors work perfectly. He observed that whenever you pull up to the intersection and no one else is there, the light turns green for oncoming traffic; when there is other traffic, as soon as it's passed, the light turns green again. He wished that every other traffic signal in the City worked as well, citing those on Highway 111 as being the worst. Secondly, he related recently going to the Animal Shelter to see the animals there, coming n PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 away with confirmation that there are many irresponsible animal owners out there. He asked City Council to consider an ordinance prohibiting people from breeding dogs or cats in the City unless they have a professional license to do so. He believed if unqualified people were prohibited from breeding animals, there would be less strays and less problems, guaranteeing that there aren't any professional breeders in the City. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION, RECOGNIZING WASHINGTON CHARTER ELEMENTARY SCHOOL FOR ITS OUTSTANDING ACADEMIC PERFORMANCE INDEX (API) SCORES. On behalf of the City Council, Mayor Spiegel presented the framed proclamation to Washington Charter School Principal Allan Lehmann. He noted that the School earned the recognition at the end of last school year; but when the announcement was made, school was out for the summer. Therefore, the City decided to wait until school got underway this year to make this presentation. MR. LEHMANN expressed sincere gratitude for the proclamation and recognized the Washington Charter School Governing Board, teaching and support staff, who were also all in attendance today to accept the recognition. He added that he had the honor of coming to Washington Charter School 15 years ago when his son (now in college) was going into first grade, and it was the best decision he's ever made. He related that it's an incredible school, and he invited everyone to come and visit. He said they are very, very thankful for the ongoing support received from the community, from the City Council, and residents of Palm Desert. B. PRESENTATION OF PROCLAMATION, DECLARING SATURDAY, OCTOBER 13, 2012, AS "PAINT EL PASEO PINK DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel presented the framed proclamation to Desert Cancer Foundation Executive Director Louise Fasana and Board Treasurer Stu Bailey. MS. FASANA thanked Mayor Spiegel for the recognition and the support. She knew that cancer had touched everyone, and the Desert Cancer Foundation was there to support people who don't have the means to get the necessary treatment for the disease. She said that on October 13, they were hosting the Sixth Annual "Paint El Paseo Pink" Day, inviting all to come out and join them there to support their breast cancer screenings and 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 diagnostics for women who may not have been getting them due to lack of insurance coverage, emphasizing that early detection saves lives. C. PRESENTATION TO RECOGNIZE MICHAEL BARNARD FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS PARKS & RECREATION COMMISSION, 2005 - 2012. On behalf of the City Council, Mayor Spiegel presented the engraved crystal clock to Mr. Barnard, noting that before his tenure on the City's Parks & Recreation Commission, he'd been Executive Director of the Joslyn Cove Senior Center. He said then Mr. Barnard took a job that required him to commute out of the area, and because he was then unable to attend the Commission's 8:30 a.m. meetings, he had to resign. MR. BARNARD thanked Mayor Spiegel and the City Council for the recognition, noting that his seven years of service came at a great time when the Commission helped build Freedom Park, the Aquatic Center, University Dog Park, and it was in great hands going forward. D. PRESENTATION OF GOVERNMENT FINANCE OFFICERS' CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE FISCAL YEAR ENDED JUNE 30, 2011, TO THE CITY OF PALM DESERT, DIRECTOR OF FINANCE/CITY TREASURER PAUL S. GIBSON, JOSE LUIS ESPINOZA, CPA, ASSISTANT FINANCE DIRECTOR, AND THE FINANCE DEPARTMENT STAFF. On behalf of the City Council, Mayor Spiegel congratulated Mr. Gibson and the Finance Department for receipt of the Certificate of Achievement for Excellence in Financial Reporting, Fiscal Year Ended June 30, 2011. Mr. Gibson said the City received a plaque to signify this honor, which had been delivered to the City Manager. E. PRESENTATION OF CALIFORNIA U. S. GREEN BUILDING COUNCIL'S "TOP 10" RECOGNITION - "MOST COLLABORATIVE" AWARD. MS. JENNIFER WARD and MR. ERIC COREY FREED, addressed the City Council on behalf of the U S. Green Building Council Inland Empire Chapter. She said theirs was a local, non-profit organization, representing Riverside and San Bernardino Counties to partner with local jurisdictions, private sector, and other agencies to advance energy- and water -efficient, and green jobs, along with other sustainability building programs in the region. Ms. Ward said during their April State Advocacy Day in Sacramento, the State U. S. Green Building Council revealed its "Top 10" list of local green building programs throughout California. The City of Palm Desert was recognized as the "Most Collaborative" for national leadership funding and ,� PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 for funding and fostering energy efficiency and conservation through its Energy Independence and "Set To Save" Programs, which partner with the local community, Southern California Edison, and the Energy Coalition. She went on to say the award was presented at a reception with representatives from throughout the State of California, and Governor Brown made a presentation, talking about his commitment to implementing energy efficient policies throughout the State. She said not only was it tremendous recognition for the City at the Statewide level, but Members of the Inland Empire Chapter were really excited to hear about the award and hoped Palm Desert was equally proud of its energy efficient programs. She offered her personal congratulations. MR. FREED also thanked the City Council for its leadership in sustainability, with Palm Desert being one of the foremost leaders in that area, and he looked forward to continuing this tradition for some time. F. INTRODUCTION OF COLLEGE OF THE DESERT SUPERINTENDENT/PRESIDENT DR. JOEL KINNAMON (Continued from the meeting.of August 23, 2012). On behalf of the City Council, Mayor Spiegel welcomed Dr. Kinnamon to the City Council Meeting. DR. KINNAMON appreciated the warm welcome and all the hospitality that had been extended to him in the City of Palm Desert. He stated he was committed to future collaboration with the City — very excited about everything that has been accomplished to date, including most recently the Aquatic Center and Public Safety Academy. He looked forward to many more opportunities to work together. G. PRESENTATION TO THE CITY COUNCIL BY THE PALM DESERT SISTER CITIES FOUNDATION IN RECOGNITION OF A RECENT INTERNATIONAL AWARD RECEIVED BY THE FOUNDATION. MR. MARK TALBOYS, Program Coordinator, Palm Desert Sister Cities Foundation, was here today with good news - at the Annual Sister Cities International Conference held in July, Palm Desert was selected as the 2012 recipient for the Program Innovation, Youth and Education, cities of less than 100,000 population. He shared the story about how the Foundation received the award, saying that in early 2011 they'd discovered local teenage hero Jordan Romero - the boy who conquered Mt. Everest and by age 15 had become the youngest person to summit all seven of the highest mountains in the world. Mr. Talboys went on to say a book had been written about young Mr. Romero's incredible challenges and how he met the goals he'd set. The Foundation found the book very inspirational and felt it could be incorporated into a program for local schoolchildren. They worked 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 with Palm Desert's Abraham Lincoln Elementary School Principal Jill Garner and two schools in Palm Desert's Sister City of Gisborne, New Zealand, to set the curriculum, and a two -week course was undertaken during October 2011. Skype technology was used to bring the classes together for an interactive experience across the globe. Thanks to Kajsa Thuresson- Frary of the McCallum Theatre, the program culminated in a two-hour presentation by Jordan Romero, a tremendous experience provided to a full house at the McCallum. He credited the various entities that worked together to make it possible — the various schools, the McCallum itself, Mr. Romero and his family, the Gisborne Sister Cities organization and Desert Sands Unified School District. It was a significant impact, with 650 Abraham Lincoln Elementary School students, 246 Gisborne students, along with 1,127 students at the McCallum presentation, for a total of over 1,300 students immediately impacted. Additionally, he said about 500 New Zealanders in Gisborne at the schools, the administrators, and families of the children learned more about the Sister Cities Program, the people, geography, and climate of Palm Desert, California. Because of the program's success, Palm Desert Sister Cities Foundation decided to submit it to Sister Cities International for their local awards, which also resulted in success - the Innovation Award, another in a series of awards received by Palm Desert Sister Cities beginning in 2003 with receipt of the one of the 501h Anniversary Awards that year. He presented the acrylic trophy signifying the award to the City for display in the Sister Cities Program case. MS. KAJSATHURESSON-FRARY, McCallum Theatre Director of Education, said they have enjoyed working with the Palm Desert Sister Cities Foundation for many, many years, and she, too, recalled receipt of the aforementioned award in 2003 based on the exchange between teachers from Gisborne, New Zealand, participating in the McCallum Theatre's Institute's Professional Development forTeachers during the summers. She added that this particular project featuring Jordan Romero, local schools, and the McCallum, and teachers in Gisborne, was really a build upon that partnership and relationship that's been fostered with teachers in Gisborne. Some of the teachers involved in the project had already been to Palm Desert and participated in the professional development workshops and networked with local teachers, and they were ready to step into the Jordan Romero project. Further, she said it was a tremendous privilege to get to know young Jordan Romero, who's climbed additional mountains since, and to partner with Lincoln Elementary School and Palm Desert Charter Middle School, and to have all the students attend Mr. Romero's presentation at the McCallum Theatre. She thanked the Palm Desert Sister Cities Foundation for continually partnering with the Theatre on projects like these that serve the community here and abroad in Gisborne in wonderful ways. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 Mayor Spiegel proudly accepted the trophy and said it would be placed with the Gisborne, New Zealand, section in the Sister Cities display case right outside the City Council's Offices. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 23, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 45, 46, and 47. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#705) by Diane Nielsen in the Amount of $9,295.04. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pueblo Viejo Grill, 36-901 Cook Street, Suites 3 & 4, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Citizens' Sustainability Committee Meeting of May 9, 2012. 2. Parks & Recreation Commission Meeting of July 24, 2012. Rec: Receive and file. F. LETTER OF RESIGNATION from Robyn S. Ritchey — Building Board of Appeals & Condemnation. Rec: Receive with very sincere regret. G. REQUEST FOR APPROPRIATION of Funds for Contribution to the Coachella Valley Rescue Mission's Emergency Homeless Overnight Fund. Rec: By Minute Motion, appropriate $25,000 from Account No. 110-0000-243-1000 - Community Contingency Reserve to Account No. 110-4110-410-3880 - Contributions - Various Agencies for the Coachella Valley Rescue Mission's Emergency Homeless Overnight Fund. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 H. REQUEST FOR APPROVAL of Revised Contract Amount with Brent Payne and Dakota as Part of the First Annual Fall Concert Series - 2012 (Contract No. C32090C). Rec: By Minute Motion, approve the subject contract with Brent Payne and Dakota in the amount of $1,500 and authorize the Mayor to execute same — funds are available in Account No. 110-4416-414-3061. I. REQUEST FOR AWARD OF CONTRACT for De -installation of the 2011/2012 El Paseo Invitational Exhibition and Installation of the 2013/2014 El Paseo Invitational Exhibition (Contract No. C32220). Rec: By Minute Motion: 1) Reject the bid of Falcon Builders, Inc., Palm Desert, California, as non -responsive; 2) award the subject contract for De -installation of the 2011/2012 El Paseo Invitational Exhibition and Installation of the 2013/2014 El Paseo Invitational Exhibition to Same Day Express, Palm Desert, California, in the amount of $3,800; 3) authorize the Mayor to execute said contract — funds are available in Account No. 436-4650-454-4002. J. CONSIDERATION of Request for $5,000 Sponsorship of Palm Springs Modernism Week 2013. Rec: By Minute Motion, approve sponsorship of Palm Springs Modernism Week 2013 in the amount of $5,000 and appropriate $2,500 for this purpose from the Unobligated General Fund - $2,500 already carried over to FY 2012-2013 for this sponsorship. K. REQUEST FOR AUTHORIZATION to Release Security for the Premier Centre, 73-655 El Paseo, Palm Desert (El Paseo Premier Centre, Applicant). Rec: By Minute Motion, authorize release of the security posted with the City for project at the Premier Centre. L. 2011/2012 ANNUAL REPORT for the Palm Desert Aquatic Center. Rec: Receive and file. Upon a motion by Kroonen, second by Harnik, and 4-0 vote of the City Council with Finerty ABSENT, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 XII. RESOLUTIONS A. RESOLUTION NO. 2012 - 62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2011-2012 BUDGET TO PROVIDE TRANSFER, APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED FUNDS FROM THE GAS TAX, FIRE FUND, PROPERTIES CITY/RDA, PALM DESERT RECREATIONAL FACILITIES CORPORATION (PDRFC), PUBLIC SAFETY FUND, AND THE GENERAL FUND AS OF JUNE 30, 2012. Mr. Gibson noted the staff report outlining the amendments, stating the good news was the General Fund will end up with $1 million more than last year. Part of the reason is the City was able to get reimbursed from the Successor Agency for City staff time, which provided the City with a balanced budget and surplus. Mayor Pro Tern Kroonen moved to waive further reading and adopt Resolution No. 2012 - 62. Motion was seconded by Harnik and carried by a 4-0 vote, with Finerty ABSENT. B. RESOLUTION NO. 2012 - 63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 7 OF RESOLUTION NO. 97-104, WHICH ESTABLISHED THE PALM DESERT HOUSING AUTHORITY. Ms. Moore stated that with the elimination of Redevelopment and in going through the documents, staff realized the establishment of the Palm Desert Housing Authority established the Executive Director of the Authority as the Executive Director for the Redevelopment Agency. Staff recommended Council appoint the City Manager as the Executive Director to clarify what is in the Resolution. Mayor Pro Tern Kroonen moved to waive further reading and adopt Resolution No. 2012 - 63. Motion was seconded by Benson and carried by a 4-0 vote, with Finerty ABSENT. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 XIII. ORDINANCES A. For Introduction: ORDINANCE NO. 1241 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.04.040, 2.04.060, 2.04.110, 2.08.020, 2.08.030, 2.12.010, 2.16.010, 2.52.505, 2.60.030, AND 10.12.010 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH VARIOUS CITY OFFICES. Mr. Erwin noted one clerical correction on page two of the Ordinance, Section 2.04.110, the last line should read "...approved by the City Council," and deleting the word "only." Councilmember Benson moved to waive further reading and pass Ordinance No. 1241 to second reading as amended to reflect the non -substantive clerical changes as presented. Motion was seconded by Kroonen and carried by a 4-0 vote, with Finerty ABSENT. 2. ORDINANCE NO. 1242 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.36.250, 2.36.300, 2.36.430, AND REPEALING SECTION 2.36.480 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH THE CONDUCT OF COUNCIL MEETINGS. Mayor Pro Tern Kroonen moved to waive further reading and pass Ordinance No. 1242 to second reading. Motion was seconded by Harnik. Councilmember Harnik stated the amendments made to all the Ordinances cleans them up and made them much more simple. Mr. Erwin explained the revisions basically cleaned up some ordinances bycorrecting names or spelling, and removing duplication. He said there was no substantive action with regards to the eight Ordinances presented this evening. Mayor Spiegel called for the vote, and the motion carried by a 4-0 vote, with Finerty ABSENT. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 3. ORDINANCE NO. 1243 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 5.10.050, 8.20.020, 9.24.075, AND 9.25.020 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH PROPERTY MAINTENANCE ISSUES. Mr. Erwin noted a spelling correction on page three, Section 4, third line from the bottom, the word "no" should actually be "not." Mayor Pro Tern Kroonen moved to waive further reading and pass Ordinance No. 1243 to second reading as amended to reflect the non -substantive clerical changes as presented. Motion was seconded by Harnik and carried by a 4-0 vote, with Finerty ABSENT. 4. ORDINANCE NO. 1244 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 5.84.010, 5.84.100, 5.84.120, AND 5.84.130, AND DELETING SECTIONS 5.84.020 AND 5.84.050 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH PEDDLING AND SOLICITATION. Mr. Erwin pointed out that all the amendments were in Section 5.84 as opposed to 5.04 as was stated on the agenda. Mayor Pro Tern Kroonen moved to waive further reading and pass Ordinance No. 1244 to second reading as amended to reflect the non -substantive clerical changes as presented. Motion was seconded by Harnik and carried by a 4-0 vote, with Finerty ABSENT. 5. ORDINANCE NO. 1245 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 4.10.070, 4.10.080, AND 4.10.120 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH PLACEMENT OF ARTWORK. Mayor Pro Tern Kroonen moved to waive further reading and pass Ordinance No. 1245 to second reading. Motion was seconded by Benson and carried by a 4-0 vote, with Finerty ABSENT. 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 6. ORDINANCE NO. 1246 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 9.24.030, 9.24.040, AND 9.24.100 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH NOISE CONTROL. Councilmember Benson moved to waive further reading and pass Ordinance No. 1246 to second reading. Motion was seconded by Kroonen and carried by a 4-0 vote, with Finerty ABSENT. 7. ORDINANCE NO. 1247 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 26.24.220, 26.28.050, 26.49.060, 27.12.015, 27.12.045, 27.28.120, ADDING SECTION 27.12.056, AND DELETING SECTION 27.12.067 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH CIVIL ENGINEERING. Councilmember Benson moved to waive further reading and pass Ordinance No. 1247 to second reading. Motion was seconded by Kroonen and carried by a 4-0 vote, with Finerty ABSENT. 8. ORDINANCE NO. 1248 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 10.20.010, 10.20.020, 10.32.060, 10.48.120, 10.48.150, 10.72.010, 25.58.312, AND DELETING SECTIONS '10.12.030, 10.12.040, 10.32.050, 10.40.010, 10.40.030, 10.56.020, 10.60.010, AND 10.68.010 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH TRAFFIC ISSUES. Mr. Erwin requested this item be continued to the next meeting. Councilmember Harnik moved to continue this item to the meeting of September27, 2012. Motion was seconded by Kroonen and carried by a 4-0 vote, with Finerty ABSENT. B. For Adoption: None 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF A REQUEST BY THE PALM DESERT POLICE DEPARTMENTTO PURCHASE ONE FLASHCAM-880SX DIGITAL CAMERA SYSTEM IN THE AMOUNT OF $6,650 (PLUS TAX AND SHIPPING). Mr. Aryan stated that in the past five years the City's Police and Public Works Department has responded to approximately more than 200 incidents involving graffiti, and when you include vandalism in the mix, the City has paid a significant cost in responding to these acts. Part of the problem is that unless the subject is caught in the act, identification and prosecution are extremely difficult. To assist in this effort, the Police Department is recommending a camera deterrent system that is mobile and can be moved to different locations based upon need. He said Carlita Mead from Q-Star Technology will provide a presentation of the system. Additionally, there is no cost to the City, because Gang Forfeiture Funds will be used. MS. CARLITA MEAD, Representative from Q-Star Technologies, stated the Flashcam Digital Camera System was a proactive tool for deterring any type of vandalism that plagued a community like graffiti, illegal dumping, and metal theft. The system is completely portable as it does not require any wiring, infrastructure, and came with no monthly fees. The camera is triggered by motion and takes a series of high resolution photographs that can identify facial features at more than 100 feet or a vehicle license plate number can be captured up to 250 feet. The system can send out a loud warning message, which is programmable and can be customized according to location and application. It is also a low -maintenance unit. The system is a proven deterrent throughout the United States, Canada, and the United Kingdom. She encouraged the Council to consider the system. Responding to question about the proposed locations for the cameras, Mr. Aryan said Public Works and the Police Department will work together in identifying those problem areas within the parks and City to determine where they will go. Responding to question about the programmable features, Ms. Mead said the warning messages can be programmed in multiple languages. Mayor Pro Tern Kroonen moved to, by Minute Motion, approve purchase of one (1) new FlashCAM-880SX Digital Camera System from QStar Technologies in the amount of $6,650 (plus tax and shipping) — Palm Desert Police Department has funds available for this purchase, no City funds are required. Motion was seconded by Harnik and carried by a 4-0 vote, with Finerty ABSENT. `Nl PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 B. REQUEST FOR AUTHORIZATION TO ACCEPT THE OFFICE OF TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT IN THE AMOUNT OF $100,072. Mr. Aryan stated he was happy to report that through the hard work of the Police Department, they were able to obtain a $100,000 grant for various traffic enforcement programs. One area of concern to the community and this Council is distracted drivers; therefore, a good portion of the fund will help with an enforcement program to help curb texting or the use of cellular phones while driving. Councilmember Harnik stated she was happy staff was addressing the issue of distracted drivers. Councilmember Harnik moved to, by Minute Motion: 1) Accept the OTS - STEP Grant for 2012-2013 (No. PT13114) in the amount of $100,072; 2) appropriate $100,072 from Unobligated Public Safety Police Grants Fund to Account No. 229-4210-422-3918 and estimate revenue of $100,072 to Account No. 229-0000-334-5000; 3) authorize the City Manager to execute all necessary OTS - STEP Grant documents. Motion was seconded by Kroonen and carried by a 4-0 vote, with Finerty ABSENT. C. REQUEST FOR APPROVAL OF THE COACHELLA VALLEY NARCOTICS TASK FORCE (CVNTF) MEMORANDUM OF UNDERSTANDING (MOU) (CONTRACT NO. C32230). Mr. Aryan stated this Contract was for the City's participation in the Coachella Valley Narcotics Task Force. It is a five-year agreement, however, it can be cancelled at any time with a 30-day notice. It is an item budgeted in this fiscal year's budget. Councilmember Harnik moved to, by Minute Motion: 1) Approve the CVNTF Memorandum of Understanding; 2) authorize the City Manager, or his designee, to execute the subject MOU — staffing of one Palm Desert Police Officer ($118,935.95) is included in the FY 2012-2013 City Budget, and no additional appropriation is required. Motion was seconded by Kroonen and carried by a 4-0 vote, with Finerty ABSENT. D. REQUEST FOR APPROVAL OF THE COACHELLA VALLEY VIOLENT CRIME GANG TASK FORCE (CVVCGTF) MEMORANDUM OF UNDERSTANDING (MOU) (CONTRACT NO. C32240). Mr. Aryan stated the Memorandum of Understanding was for the City's participation in the Violent Crime Gang Task Force, and the item is budgeted in this fiscal year's budget. He noted that part of the mission is to be proactive in trying to deter youth gang involvement. The task force works with local schools and school resource officers to provide education to students to deter future gang involvement. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 Mayor Pro Tern Kroonen pointed out this item and the prior item on the agenda went before the Public Safety Commission where there was support for these items. Mayor Spiegel questioned why the cities of Indio and Rancho Mirage were not involved. Mr. Aryan said he only knew that they opted not to be involved. Mayor Pro Tern Kroonen stated he wanted to make reference to the Commission as an example of the many ways in which it communicated with the public of this community. He said there are many people involved in these committees/commissions where the Council has the opportunityto get their insights, opinions, and expressions through on -going processes. Mayor Pro Tern Kroonen moved to, by Minute Motion: 1) Approve the CWCGTF Memorandum of Understanding; 2) authorize the City Manager, or his designee, to execute the subject MOU — staffing of one Palm Desert Police Officer ($118,935.95) is included in the FY 2012-2013 City Budget, and no additional appropriation is required. Motion was seconded by Harnik and carried by a 4-0 vote, with Finerty ABSENT. E. REQUEST FOR APPROVAL OF AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT (CVWD) FOR RELOCATION OF A SEWER PIPELINE IN THE SECTION 29 RETENTION BASIN AND A GRANT OF EASEMENT TO CVWD FOR SANITARY SEWER SYSTEMS AT THE SECTION 29 RETENTION BASIN (CONTRACT NO. C32250). Mr. Greenwood stated the proposed Agreement and Easement will facilitate the relocation of the sewer line that is near the Section 29 Retention Basin and allows the City to make repairs to the basin and reduces the chances that the sewer will be damaged in the future. Councilmember Harnik moved to, by Minute Motion, authorize the Mayorto execute an Agreement with CVWD for the relocation of a sewer pipeline at the Section 29 Retention Basin and Grant of Easement to CVWD to allow the relocation of the sanitary sewer pipeline at the Section 29 Retention Basin — no fiscal impact associated with this action. Motion was seconded by Kroonen and carried by a 4-0 vote, with Finerty ABSENT. 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 F. REQUEST FOR RATIFICATION OF GRANT APPLICATION SUBMITTAL TO MSRC FOR UPGRADING THE CITY'S ELECTRIC CHARGING STATION AT THE CIVIC CENTER PARK COMPLEX AND AN AUTHORIZATION TO REQUEST PROPOSALS FOR SAME. Ms. Riddle stated that at the request of Council, staff looked at alternative qualifying projects that could be used for AB 2766 Funds, which are Air Quality Funds. She said different projects were reviewed and staff felt a good one would be to upgrade the City's electric charging station that was north of City Hall. At the same time, MSRC was offering a matching grant to fund such a project. Therefore, staff submitted the application and was now requesting that Council ratify the grant application and approval for the project. Mayor Spiegel noticed there are more electric vehicles out on the street, and it was great one station was located on City Hall, but more stations are needed like at Westfield, The Gardens, and Costco, so that people can shop and charge their car. He asked staff to put something together that showed where they are located in the City. Ms. Riddle responded staff can look at a plan that includes other sources of funding along with AB 2766 Funds, but of course, when private property is involved the City will be looking at partnerships, etc. Councilmember Benson stated she attended the Energy and Environment meeting on behalf of Councilmember Finerty, and a representative from Southern California Edison spoke about a program they were looking at throughout all the cities. He said they will be contacting cities to find out where their electric stations are located and where they might like them. Therefore, somebody will probably be calling the City on this. Mayor Spiegel asked the City Manger to follow-up on this matter. Mayor Spiegel moved to, by Minute Motion: 1) Ratify staffs submittal of a Grant Application to MSRC for upgrading the City's Electric Charging Station at the Civic Center Park Complex; 2) authorize staff to publish a Notice Inviting Bids for this project (Contract No. C32260) — funding for this project is a 50/50 match with MSRC Grant Funds and the City's AB2766 Funds in the amount of $77,385; if project costs exceed budgeted amount, there is a total of $258,000 available in the AB2766 Fund. Motion was seconded by Harnik and carried by a 4-0 vote, with Finerty ABSENT. iN PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 G. REQUEST FOR APPROVAL OF SOLID WASTE AND RECYCLE ROUTE CHANGE FOR PALM DESERT RESORTER, PALM VALLEY COUNTRY CLUB, AND DESIGNATED RESIDENTIAL AREAS. Mayor Spiegel asked how will residents outside the Resorter and Palm Desert County Club be notified of the change, specifically the south side of the City. Ms. Riddle responded Burrtec will send out a notice to anyone that is impacted, Palm Desert Resorter, Palm Valley Country Club, and residents. Mayor Pro Tem Kroonen stated he knew the parties making the request provided a lot of input. However, he questioned if those equally affected outside the area, where he happens to live, but didn't care when the trash got picked up, have been provided an opportunity to give input or are they simply given an announcement. Ms. Riddle explained that other than Palm Valley, the residential area south of Highway 111 will basically receive a notice. Mayor Pro Tem Kroonen said it would be appropriate to give an opportunity for input once the announcement is sent out. Ms. Riddle responded it can be done with the City extending the implementation date out. Mayor Spiegel asked if staff wanted a continuation until people are notified of the change. Mayor Pro Tem Kroonen suggested sending out an announcement that stated what will happen and if they have an opinion they are to contact the City. He said the Council can postpone any action until such time people have been given an opportunity to speak up. Ms. Riddle agreed a continuation of this item would then be needed. Mayor Pro Tem Kroonen moved to, continue this item to the meeting of September 27, 2012, with staff directed in the interim to notify all affected residents of the potential route change in order to obtain all input. Motion was seconded by Harnik and carried by a 4-0 vote, with Finerty ABSENT. Mr. Wohlmuth stated if there is a change in Service, Burrtec normally will send a notice two weeks before the change of service. However, the direction he heard from Council was for the City to send notices to the affected homeowners or occupants of the homes and invite them to come to 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 the September 27, 2012, meeting for input, which would be different from sending out a Burrtec notice. Mayor Spiegel said that was correct. Mayor Pro Tern Kroonen explained he simply wanted an opportunity and method whereby residents can enter an opinion and say why the change will/will not work for them. He wasn't particularly advocating people come to a City Council meeting. Ms. Riddle suggested the City's letter instruct residents to call the City and voice any concerns. Mayor Pro Tern Kroonen said he would leave it up to staff to determine the method in which to accomplish the task. However, he would think Burrtec would want to be responsible for sending the announcement rather than the City bearing the expense. Ms. Riddle noted that Burrtec will send a notice either way. Mr. Wohlmuth stated he preferred the City send the notice, receive the comments, and return to the Council. If Council approves the action, at that point Burrtec could then send the notice of the upcoming route change. Responding to question, he said the biggest change was that the implementation date would not be October 1, but either November 1 or some other day agreeable with Burrtec. H. REQUEST FOR APPROVAL OF THE ANNUAL COMMON AREA MAINTENANCE (CAM) RATE INCREASE FOR THE LEASE BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT CHAMBER OF COMMERCE, PER LEASE OF THE HENDERSON COMMUNITY BUILDING, 72-559 HIGHWAY 11 1 , PALM DESERT (CONTRACT NO. C31640). Mayor Spiegel noted he served on the Chamber of Commerce Board, and the City Attorney indicated he should not take part on this item and left the Council Chamber. Mr. Wohlmuth stated this issue was called up by the City Council and a Study Session was held to discuss the Common Area Maintenance (CAM) charges. The current lease agreement with the Chamber of Commerce allows the City to quantify the CAM charges. Staff has calculated the CAM charges this year based on the 2010/2011 fiscal year actual expense, and that amount is $1,217.03 per month. The Chamber has agreed to pay that amount for CAM charges back to July 1, 2012. If Council approves the proposed Contract, staff will be notifying the Chamber of the new CAM. In i+ • PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 future years, the CAM will be calculated based on the subsequent fiscal year and costs calculations; that number will be provided to the Chamber by April 1 of each year for implementation in the 2013/2014 fiscal year. Staff recommended approval. Responding to question, he said the City is made whole by the calculation of the CAM. Councilmember Harnik moved to, by Minute Motion, approve the annual CAM rate increase in the amount of $1,217.03/month effective July 1. 2012, for the Lease Between the City of Palm Desert and the Palm Desert Chamber of Commerce per terms of lease for the Henderson Community Building. Motion was seconded by Benson and carried by a 3-0 vote, with Finerty and Spiegel ABSENT. REQUEST FOR ADOPTION OF ORDINANCE REGARDING CITY COUNCIL COMPENSATION AND RESOLUTION TO AMEND THE EXISTING SALARY SCHEDULE FOR FISCAL YEAR 2012-2013. Mayor Pro Tern Kroonen moved to waive further reading and: 1) Adopt Resolution No. 2012 - 64, amending Resolution No. 2012-53 by replacing Attachment "A" with a revised Salary Schedule; 2) pass Ordinance No. 1249 to second reading, setting City Council Compensation at $22,500 per year to be effective November 1, 2012. Motion was seconded by Harnik and carried by a 4-0 vote, with Finerty ABSENT. Mayor Pro Tern Kroonen stated it was very valuable to have the Citizens Committee involved in this discussion and these recommendations. XV. CONTINUED BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO TERRA NOVA PLANNING & RESEARCH, INC., IN THE AMOUNT OF $47,110 PLUS $2,500 FOR REIMBURSABLE EXPENSES FOR UPDATE OF THE CITY'S 2014-2021 HOUSING ELEMENT AND THE 6T" REGIONAL HOUSING NEEDS ASSESSMENT CYCLE (RHNA), AS REQUIRED BY THE STATE OF CALIFORNIA (CONTRACT NO. C32130) (Continued from the meeting of August 23, 2012). Assistant Planner Kevin Swartz stated this item was continued to find out why there was a $19,960 difference between two firms. The big difference is that Terra Nova included in their proposal to update SB 244 - Land Use Element, which was not asked for. He said Task One would be to update the Housing Element, and Task Two would be to update the Land Use Element; both Updates need to be completed by the October 2013 deadline. Additionally, Terra Nova had a greater overhead cost than the other firm; Terra Nova's cost range for employee is $155 to $40, and the other firm is $90 to $40. Section 4525-4529.5 of the Government Code states that cost cannot be the sole factor in awarding a contract. He said Terra Nova has prepared more than 25 housing elements, 15 within the Coachella Valley, 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 and staff believes they are the most qualified and best suited to update both Updates. Councilmember Benson stated Terra Nova was given credit for proposed work outside what was asked for by the City, which she disagreed. She said it wasn't fair to the other firm and it wasn't a couture way to do business. Mayor Spiegel agreed, questioning why Terra Nova was doing both Updates, when the City only asked for one. Mr. Swartz responded the City asked for knowledge of SB 244, and it was probably staff's error leaving it off. However, Terra Nova recognized the need to update both as part of the deadline. Mayor Spiegel stated Terra Nova looked at the job differently than the City and they were right. Mr. Swartz answered yes. Responding to question about how much Terra Nova would have charged if they excluded the SB 244 update, he said it would have been $10,000 less; therefore, the proposal would have been approximately $39,000. Councilmember Benson stated it seemed the City was breaking its own rules by giving it to someone that bid more for doing more work than was requested, and it's unknown if the other firms would have volunteered as well. She said the City should have included it in the proposal so that everyone was on the same playing field. She said it seemed like it was rigged in favor of Christi to get Terra Nova to get the Contract. She acknowledged Terra Nova was a good firm, and they have worked for the City; however, she still believed the playing field should be equal. Councilmember Harnik asked if there was still time to ask people to rebid and include SB 244 in the proposal. Councilmember Benson suggested continuing this item until the rules are straighten out. Ms. Aylaian explained staff wrote the Request for Proposals for all the services that needed to be done to update the Housing Element. The City received three responses, and two of the three respondents knew that in order to be completely compliant with State law, both the Housing Element and SB 244 would need to be updated and they included that in their scope of work. The third respondent did not include that in their scope of work. Although this wasn't due until October 2013, she was concerned about time, because the State has two review periods that staff has to allow for; therefore, work needs to begin early October in order to get this completed. 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 However, it was Council's decision on how they choose to award the contract. She pointed out that State law did not permit cost to be the sole source for selection of a consultant for professional services such as this one. She reiterated there were two proposals that were consistent and in the same price rate, and then there was one that was considerably less for lesser scope of work. If the Council preferred that staff use the firm that had the reduced scope of work, staff can proceed with them and look for another firm to update the Land Use Element simultaneously. She said staff can return with a Request for Proposal for that. Councilmember Harnik stated there are two firms that included SB 244, and one that did not. She wondered how the proposal went out and if it was specific in its request. Ms. Aylaian stated the wording in the Request for Proposal was probably not as explicit as it should have been. She said staff asked them to do everything for the Housing Element Update and they would be evaluated based upon their knowledge of Housing Element law and SB 244. She said they had to be converse in SB 244, because it was an update they would have to comply with. However, the proposal didn't state literally to update the Land Use Element and Housing Element. Councilmember Benson said the bids should be rejected and start over with the proper language of what the City wants so that there is an even playing field. She didn't think it was right to mickey mouse around with this, and it was the second time Council was dealing with it and it was still not right, nor did she think the City should be doing business in that manner. Councilmember Benson moved to, by Minute Motion, reject all proposals and authorize staff to re -advertise for same. Mayor Spiegel suggested meeting prior to the City Council meeting to discuss this item with all the players in attendance. He said information is not always well explained at Council meetings. Ms. Aylaian agreed to hold a study session if that was the pleasure of the Council. Mayor Pro Tern Kroonen said a study session wouldn't solve the issue that Councilmember Benson was referring to. He was supportive of starting over again, because the water was now muddy, and a new start was needed to get it right. Mayor Pro Tern Kroonen seconded the motion. 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 Mayor Spiegel reiterated holding a study session prior to the next City Council meeting with all the players involved there. Mayor Pro Tern Kroonen responded that was the purpose of public City Council meetings, and he didn't see any reason to take it into a special session. Mayor Spiegel called for the vote, and the motion carried by a 4-0 vote, with Finerty ABSENT. B. CONSIDERATION OF REQUEST FOR BUILDING PERMIT FEE WAIVER FOR PROJECT LOCATED AT 44-750 SAN LUIS REY AVENUE (Alma P. Hockaday, Applicant) (Continued from the meeting of August 23, 2012). MS. ALMA P. HOCKADAY, Applicant, stated she has stage 4 Lung Cancer Metastasis, and the cancer had reached her brain as well. She said the permit fees are outrageous and everything that will be done to her back room will be donated, which included the material and labor. However, the fees that will have to be paid just to get started were outrageous and higher than the surrounding cities. She chose to live in Palm Desert, because it was beautiful and great and wants her children raised here. She asked for consideration due to the hardship she was currently facing. She said she understood she wasn't the only person in the City with a hardship, but hers was grand as she was sick and needed help. Mayor Spiegel moved to, by Minute Motion, waive building permit fees, totaling $1,321.68, for a project located at 44-750 San Luis Rey Avenue. Motion was seconded by Kroonen. Mayor Pro Tern Kroonen noted he seconded the motion for the purposes of discussion. Councilmember Benson stated the Applicant was supposed to provide information about the overall cost of the casita, and the Council still didn't know her financial situation. Councilmember Harnik said that according to the Applicant everything would be donated, and the staff report indicates the construction valuation for the project which determined the building permit fee is $4,800. Councilmember Benson stated she sympathized with the Applicant and understood her health problems, but there are many people in the City in the same situation. She didn't interpret that it was all completely donated, because they are adding to the value of the property. Additionally, she didn't think the City fees were that high. 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 Councilmember Harnik said this was truly difficult for her and she felt terrible about it, but she supported Councilmember Benson's comments. This was a slippery slope situation that will create problems. Therefore, having the waiver denied was in the best interest for everyone. Mayor Pro Tern Kroonen agreed this was a dilemma, and he was understanding of the Applicant's needs, but he is also understanding of the need not to open this door. He said that with a heavy heart he will need to vote against the motion. Mayor Spiegel called for the vote, and the motion failed on a 1-3 vote, with Benson, Harnik, and Kroonen voting NO, and Finerty ABSENT. Mr. Wohlmuth pointed out that another motion was not required to impose the fees, because they are automatically imposed. XVI. OLD BUSINESS A. REQUEST FOR EXTENSION OF THE SUSPENSION OF PALM DESERT MUNICIPAL CODE CHAPTER 25.58 - SIGNS, SECTIONS 25.68.090 (A) AND (M) -TEMPORARY SIGNS, UNTIL DECEMBER 31, 2012, TO ALLOW COMMUNITY HOME BUILDERS TEMPORARY SIGNAGE RELIEF DURING THE WEEKENDS, STARTING FRIDAYS AT 3:00 P.M. AND ENDING MONDAYS AT 10:00 A.M. Assistant Planner Kevin Swartz stated that on May 24, 2012, the City Council approved a three-month temporary program. During that time staff did not receive any complaints from the public and found that the community home builders started and ended the program on time. Staff recommended extending the program until the end of the year. He offered to display photographs and aerials for the Council to review. Mayor Pro Tern Kroonen stated he was pleased the program had worked so well thus far, and he didn't see a reason not to extend it for another period. Mayor Pro Tern Kroonen moved to, by Minute Motion, approve an extension of the suspension of Palm Desert Municipal Code Chapter 25.68 - Signs, Sections 25.68.090 (A) and (M) - Temporary Signs, to allow home builders: Six (6) Temporary Off -site Signs not located within the public right-of-way; one (1) 5-foot x 20-foot banner per street frontage; and four (4) company flags located at the entry of each residential development — continued temporary program to continue from September 14, 2012, through December 31, 2012, during weekends - beginning Fridays at 3:00 p.m. and ending Mondays at 10:00 a.m. Motion was seconded by Benson and carried by a 4-0 vote, with Finerty ABSENT. 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER City Manager Meeting Summaries for the Period of August 15 - 31, 2012. With City Council concurrence, the City Manager Meeting Summaries forthe Period of August 15-31, 2012, were received and filed. 2. September 27, 2012, Regular City Council Meeting Items Mr. Wohlmuth noted that the item to consider permitting fees for HVAC and Water Heater installations from the August 23 meeting was continued to the meeting of September 27, in order to allow Councilmember Finerty to participate. Additionally, the item to consider the City Council Health Benefits will also be on the September 27 agenda. 3. West Nile Mosquito - South Palm Desert Mr. Wohlmuth reported that last night he was notified that a mosquito positive for West Nile Virus was found in south Palm Desert. The mosquito was trapped by Coachella Valley Mosquito and Vector Control District near The Living Desert. The District has started a process as early as this morning for continued monitoring of the area as well as placing larvicide there; they will not spray the area unless they identify more positive mosquitoes in the area. He said the District issued a press release today that will likely be in tomorrow's newspaper. 4. Sea and Desert Interpretive Association (SDIA) Contribution Mr. Wohlmuth recalled for City Council that before the Legislature approved and Governor signed the State budget earlier this summer, Palm Desert allocated $10,000 to SDIA for it to, hopefully, keep the State Park at Salton Sea open for another year. Since that time, the State of California found $50+ million of Park Funds to keep parks open, followed by City staff then communicating with the non-profit SDIA because of the found money. In the City's letter, it indicated 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 that the intent of the City Council was to keep the Park open and provide assistance for that purpose, not just to make a donation to the non-profit and let it spend the money as it saw fit. He went on to say that SDIA responded via e-mail that they'd like to put the money into a trust account, and he will be working with the City Attorney to make it clear with an agreement between the City and SDIA that the donation can only be used for maintaining the Salton Sea State Park and keeping it open, not for other uses of the non-profit. He said this was how he intended to proceed unless the Council indicates otherwise. Councilmembers concurred. 5. Government Finance Officers Association Award Mr. Wohlmuth said the subject award was noted briefly earlier in today's meeting, but he wanted to add his personal congratulations to both Mr. Gibson and Assistant Finance Director J. Luis Espinoza for this worthy recognition. He noted that because the Finance Department has received the award for the past several years, it may seem rather mundane; but they do an outstanding job, as was easily identifiable by completion and balancing of the FY 2011-2012 budget in the same year California eliminated Redevelopment. He wanted to ensure to extend personal thanks to Mr. Gibson and his staff for their excellent work each day. Receiving the GFOA recognition each year may seem to somewhat diminish its value, but he wanted it known that it was not an easy achievement and should be held in very high regard by the City, and everyone should be proud of the Finance Department staff. B. CITY ATTORNEY None C. CITY CLERK Consideration of Changing Date of First Regular City Council Meeting in November Due to Having Only One Meeting that Month, with Observance of the Thanksgiving Holiday on the Second Regular Meeting Date. Ms. Klassen recalled for the Council that at the last meeting Councilmember Harnik requested consideration to changing the November meeting date to not leave such a large gap between meetings. 27 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 Mayor Pro Tern Kroonen moved to, by Minute Motion, change date of the first regular City Council Meeting in November 2012 that would be held Thursday, November 8, at 3:00 p.m., and adjourn it to Thursday, November 15, at 3:00 p.m. for Closed Session, 4:00 p.m. for Regular Session and Public Hearings. Motion was seconded by Spiegel and carried by a 4-0 vote, with Finerty ABSENT. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL City Council Requests for Action: a) Utility Undergrounding — Mayor Pro Tern Kroonen stated that the issue of utility undergrounding has come to the City Council in a variety of ways lately, and he believed it would be appropriate to pick up this topic and see how the City might participate in an effort to address it. As he drove around the community, it was evident that there were areas that didn't look as good as they might because of the imposing power poles. While realizing it will probably be a long-term venture, he felt it incumbent upon the City Council to review the issue, especially due to the widespread concern about it in the City. He asked Mr. Wohlmuth to come back with appropriate information on the topic as to how the City might participate. 2. City Council Consideration of Travel Requests and Reports: a) League of California Cities Annual Conference — Councilmember Harnik said she enjoyed and learned a lot at the Annual Conference, along with a couple of City staff members. She noted there was a lot of emphasis placed on how cities were going to go forward after Redevelopment and about the work that needed to be done to develop new programs, new relationships, and there was certainly work to be done, but a lot of good solutions were also offered. Another session she attended that was of particular interest was going paperless for City Council meetings. She would be bringing these topics to John for further discussion. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 3. City Council Committee Reports: a) CVAG Energy & Environmental Resources Committee — Councilmember Benson advised that when she attended this meeting today on behalf of Councilmember Finerty, with regard to the Sea and Desert Interpretive Association (SDIA) mentioned by Mr. Wohlmuth above, she suggested he get with CVAG Executive Director Tom Kirk about the matter. She said SDIA made a presentation about the money they'd solicited and that it was going to be used for keeping their park open. Mr. Wohlmuth agreed to do so, adding that the City will work with SDIA to make sure that the money is used appropriately, per the Council's intent. If it is for the intent to keep the Park open, Council's already made the decision to appropriate the money. b) Palm Desert Chamber of Commerce / Palm Desert Police — Mayor Spiegel commented that Mr. Aryan worked with both the Chamber of Commerce and Police Department to invite businesses to the Chamber Office for a presentation yesterday about what they can do if they have problems. He said the Police Department is developing a program via the Internet that can be accessed whenever any suspicious activity is observed in the business district, this information can be shared amongst the merchants to take precautions as necessary to avoid potential problems. He thanked Barbara deBoom and the Chamber of Commerce, the Police Department, and Mr. Aryan for coordinating this valuable program. c) Riverside County Transportation Commission / SunLine — Councilmember Harnik noted that between SunLine and RCTC, a new SunLine Route 220 has just been initiated. It picks up from Town Center Way/Hahn Drive and goes out to a few stops, winding up in downtown Riverside. She said riders can pick up the Metrolink there, the route goes to UCR, as well as Cabazon for a $6.00 fare. She felt this enhancement was a tremendous asset to the entire Coachella Valley's public transportation system. Mayor Spiegel added that there would be two daily trips from Palm Desert near Westfield, which has set aside 10 parking spots there for people who want to travel into Riverside. He said two buses travel to Riverside fairly early, and two return in 29 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2012 the evening fairly late. He said it would be very accommodating for people wanting to go to school at UCR, as well as getting to the train or to Cabazon. In response to question, he and his colleagues affirmed that the fare for senior citizens is $4.00 each way, other adults $6.00, and a 30-day pass is available for $150.00, further agreeing that the bus is very comfortable and includes Wi-Fi. 4. City Council Comments: None 5. Suggested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Kroonen, second by Harnik, and 4-0 vote of the City Council, with Finerty ABSENT, Mayor Spiegel adjourned the meeting at 5:39 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR 30