HomeMy WebLinkAboutPrelim - CC - 02-14-2013 DRAFT
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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 14, 2013
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
1. CALL TO ORDER - 3:00 P.M.
Mayor Harnik convened the meeting at 3:03 p.m.
II. ROLL CALL
Present: Absent:
Mayor Pro Tem Jean M. Benson Councilman Robert A. Spiegel
Councilman Van G. Tanner
Councilmember Susan Marie Weber
Mayor Jan C. Harnik
Also Present:
John M. Wohlmuth, City Manager
David J. Erwin, City Attorney
Rachelle D. Klassen, City Clerk
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
Jason Finley, Supervising Plans Examiner
Bill Hunley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
Upon question by Mayor Harnik, Ms. Klassen confirmed that today's meeting
agendas had all been posted in accordance with the Brown Act.
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APNs 634-224-019(75333 Kelsey Circle N.), 634-062-028
(75455 Wildflower Lane), 634-061-038 (43840 Blueberry
Lane), and 634-241-042 (43710 Kelsey Court),
Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm C�esert/
Palm Desert Housing Authority
Property Owner: Palm Desert Housing Authority
Under Negotiation: x Price x Terms of Payment
2) Property: APN 634-242-015 (75313 Kelsey Circle N.), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Karel Novak and Hanna Novak
Under Negotiation: x Price x Terms of Payment
3) Property: APN 693-230-016
Negotiating Parties:
Agency: John M. Wohlmuth/Mark Greenwood/City of Palm Desert
Property Owner: NetREIT, Inc.
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
C. Conference with Legal Counsel regarding potential to initiate litigation
pursuant to Government Code Section 54956.9(c):
Number of potential cases: 1 + 1 = 2
Mr. Erwin requested the City Council's consideration of adding another case of
potential to initiate litigation pursuant to Government Code Section 54956.9(c),
making a total of two (2) cases under Section IV - Adjourn to Closed Session,
Item C, by four-fifths vote (see notation above).
On a motion by Benson, second by Tanner, and 4-0 vote of the City Council, with
Spiegel ABSENT, the aforementioned case of potential to initiate litigation was added to
the Closed Session agenda.
Mayor Harnik noted that on Tuesday this week, City staff met with representatives
of the Palm Desert Youth Sports Association(PDYSA)regarding a proposal fortheir
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Annual Opening Day Celebration. Previously, they'd done a one-day event; they
were now looking at a three-day celebration. She asked if this could also be added
to today's regular City Council Meeting agenda, since it came up following posting
of the agenda.
Upon a motion by Benson, second by Tanner, and 4-0 vote of the City Council,with
Spiegel ABSENT, the aforementioned consideration for the PDYSA Annual Opening Day
Celebration was added to the agenda under Section XIV - New Business, Item E.
With City Council concurrence, Mayor Harnik adjourned the meeting to Closed
Session at 3:07 p.m. She reconvened the meeting at 4:01 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA- Councilman Van G. Tanner
VII. INVOCATION - Mayor Pro Tem Jean M. Benson
VIII. ORAL COMMUNICATIONS - B
MS. CONNIE GOLDS, representing Desert Best Friend's Closet, Palm Desert,
came forward today to thank the City Council for the financial support their
organization had been given through Community Development Block Grant(CDBG)
funds in FY 2012-2013. She related that their mission is to provide interview attire
for low-income men and women seeking employment, along with one-on-one
assistance to clients referred to them by various agencies. They provide up to three
outfits for each client and education about what it means to dress more
professionally, while treating every client with the utmost dignity and respect. She
said while many articles of clothing are donated, when there's a gap in available
sizes, they need funds to go out and purchase clothing for these clients. She
related that without an adequate selection of garments in various sizes, it's difficult
to extend the appropriate level of dignity and respect to everyone they serve. She
then displayed some representative samples of the outfits they provide, including
all the necessary accessories. She added that their organization is part of an
alliance of agencies that provide these services,which all work together very closely
to identify various resources available for this purpose, and she extended an
invitation to tour their location in Palm Desert by giving her a phone call at
(760) 776-9975 to arrange a visit and learn more about their programs. She again
extended sincere appreciation to the City.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013
Mayor Harnik thanked Ms. Golds for what she does, because it was a very
important niche being filled by Desert Best Friend's Closet.
MR. DOUG GALLOWAY, Broken Arrow Trail, Palm Desert, and Coordinator of
Special Events for the Palm Desert Youth Sports Association (PDYSA), which
provides both the baseball and girl's softball leagues of Palm Desert. He
commented that last year's Closing-day Event was held at the Palm Desert Aquatic
Center. They rented the facility for the entire evening to bring the entire League
there, and he reported that it was a tremendous evening through the thanks to the
help of Senior Management Analyst Ryan Stendell, Aquatic Center Manager
Karen Creasy and her staff,who all provided fabulous assistance in coordinating the
event. He noted that he'd been coming before the City Council over about the last
five years to announce their Annual Opening Day Events (as he would also be
talking about during the item added to today's agenda), and he wanted to be sure
to first report on the success of last year's events. Opening Day drew about 3,000
people, and the Closing Day about 1,500, and they hoped to be able to book the
Aquatic Center again this year in June to celebrate Closing Day.
DR.GARY RUTHERFORD,Superintendent of Desert Sands Unified School District,
introduced himself to City Council and the audience, adding that he'd been on the
job exactly one week here. He was pleased to be in the community and
appreciated the very warm greeting he's received from Mayor Harnik,
Councilmembers,and Mr.Wohlmuth,who were kind enough to attend the reception
held in his honor recently. He looked forward to continuing the strong positive
relationship Desert Sands has enjoyed with the City of Palm Desert for many years.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE PAM TOUSCHNER FOR HER SERVICE
TO THE CITY OF PALM DESERT AND ITS ARCHITECTURAL REVIEW
COMMISSION, 2008-2012.
On behalf of the City Council, Mayor Harnik presented an engraved crystal
clock to Ms. Touschner, recognizing her four years of service on the City's
Architectural Review Commission.
Ms. Touschner graciously accepted the City's recognition, adding that it had
been a great pleasure to serve in this capacity, and she terribly regretted
having to resign due to her work commitments. She hoped to be able to
return to serving when her schedule permitted, and she hoped she would be
welcome at that time.
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B. PRESENTATION TO RECOGNIZE GALE BROEKER FOR HER SERVICE
TO THE CITY OF PALM DESERT AND ITS CULTURAL RESOURCES
PRESERVATION COMMITTEE, 2005-2012.
On behalf of the City Council, Mayor Harnik presented an engraved crystal
clock to Ms. Broeker for her seven years of service on the Cultural
Resources Preservation Committee.
Ms. Broeker fhanked the City Council for the opportunity to serve and for
today's recognition; however, she was disappointed in the residents here
who had no pride in their property. Palm Desert is nearly 40 years old, there
was a community here for 30 years prior, and there are dozens of
architecturally and historically significant properties that, for some reason,
people didn't want to recognize. She hoped that trend would change soon.
C. PRESENTATION TO RECOGNIZE D. KENT ROUTH FOR HIS SERVICE
TO THE CITY OF PALM DESERT AND ITS CULTURAL RESOURCES
PRESERVATION COMMITTEE, 2004-2013.
Mr. Routh was unable to be present for today's recognition. His engraved
crystal clock will be forwarded to him separately.
D. APPOINTMENTS TO VARIOUS VACANCIES ON AND REAPPOINTMENTS
TO THE CITY'S STANDING COMMITTEES AND COMMISSIONS, AND
APPROVAL OF RELATED ACTIONS.
Councilman Tanner moved to, by Minute Motion, make the following appointments
and reappointments: 1) Architectural Review Commission: Appoint Michael T. McAuliffe
to a four-year term to fill Pam Touschner's vacancy (Jan. 1, 2013 - Dec. 31, 2016) and
James G. Mclntosh to Ken Stendell's term(Dec. 31,2015);2)Audit. Investment&Finance
Committee: Appoint Stanley W. Sperling to Susan Marie Weber's term (Dec. 31, 2014);
3)Cultural Resources Preservation Committee:Appoint Leslie D. Roth to a four-yearterm
to fill Gale Broeker's vacancy (Jan. 1, 2013 - Dec. 31, 2016); reappoint Ricki Brodie and
Don Graybill each to a four-year term(Jan. 1, 2013- Dec. 31, 2016); 4) EI Paseo Business
Association Board of Directors: Reappoint Elyssa Goldberg, Janet Hanson, and Susan
Stauber each to a four-year term (Jan. 1, 2013- Dec. 31, 2016); 5) Housing Commission:
Ratify the four-year extension for J. Wade Tucker (Jan. 1, 2012 - Dec. 31, 2015) from
expiration of his term in December 2011, once dissolution of the Redevelopment Agency
occurred and Council determined that the Palm Desert Housing Authority would assume
all Housing activity thereafter; 6) Library Promotion Committee: Reappoint Marilyn Hahn
and Ella Manor each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016); 7) Marketinp
Committee:Appoint Nyla A. Patzneras an Alternate Memberforthe position currently held
by Jennie Rayner (The Living Desert; term Dec. 31, 2015); 8) Parks & Recreation
Commission: Appoint Lynn B. Jutovsky to fill Michael Barnard's term (Dec. 31, 2013);
reappoint Deborah Hall and Mary Helen Kelly each to a four-year term(Jan. 1, 2013-Dec.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013
31, 2016); 9) Planning Commission: Appoint Ken Stendell to fill Van Tanner's vacancy
(Dec. 31, 2013); reappoint Nancy DeLuna to a four-year term (Jan. 1, 2013 - Dec. 31,
2016); 10)Public Safety Commission:a)Appoint Terry W. Kramer to Rick Lebel's vacancy
(Dec. 31, 2014); reappoint Jim Butzbach and Marty Nethery each to a four-yearterm(Jan.
1, 2013 - Dec. 31, 2016); b)direct staff to prepare the necessary bylaws modification that
will add two members to the Public Safety Commission, making a total body of seven (7),
with appointment of Phyllis J. Harkins and Frank T.Taylor to follow at the appropriate time,
each for a new term, staggered to end at Dec. 31, 2015, and Dec. 31, 2016, respectively;
11) Rent Review Commission: Reappoint Brian Torsney, Sr., to a four-year term (Jan. 1,
2013-Dec.31,2016); 12)Citizen's Sustainability Committee:Appoint Tommy D. Edwards
and Gregory A. Gritters each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016);
13)Youth Committee: Reappoint Julien Bloch, Roman Bloch, Kaylie Chen,Windy Chisem,
Will Harvey, Yung Kim,Jessica Kozlak,Andrew Mehta,Jozanne Murphy,Cassidy Quilling,
Jason Rosenblum, Don Sandoval-Heglund, Daniel Sanford, Taylor Schmidman, and
Wes Wohlmuth each for a one-year term (Jan. 1 - Dec. 31, 2013). Motion was seconded
by Weber and carried by a 4-0 vote, with Spiegel ABSENT.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 24, 2013.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 147, 148, 152, 153, and 154.
Rec: Approve as presented.
C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of November 2012 and December 2012 (Joint Consideration with the
Successor Agency to the Palm Desert Redevelopment Agencyj.
Rec: Receive and file.
D. CITY COMMITTEE AND COMMISSION MINUTES.
1. Art In Public Places Commission Meeting of October 17, 2012.
2. Audit, Investment & Finance Committee Meeting of November 27,
2012.
3. Marketing Committee Meeting of December 18, 2012.
4. Youth Committee Meeting of January 7, 2013.
Rec: Receive and file.
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E. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal — Desert Willow Golf Resort Equipment.
Rec: By Minute Motion, declare items listed on the accompanying staff
report's Exhibit"A" as surplus and authorize disposal as appropriate.
F. REQUEST FOR AUTHORIZATION to Bid the Colorado Timing and Scoring
System for the Palm Desert Aquatic Center(Contract No. C32540).
Rec: By Minute Motion, authorize staff to bid the Colorado Timing and
Scoring System for the Palm Desert Aquatic Center — funds are
available in Aquatic Center Fund 242, Capital Account
No. 242-4549-454-4001.
G. REQUEST FOR AUTHORIZATION to Renew a One-year Lease Agreement
with Donna Piszczor, d.b.a. Palm Desert RC Raceway, for the Operation of
a Remote-controlled Car Racetrack on a Vacant City-owned Parcel Located
on Painters Path (APN 640-091-010) (Contract No. C29463).
Rec: By Minute Motion, authorize the Mayor to execute a one-year
Lease Agreement with Donna Piszczor, d.b.a. Palm Desert RC
Raceway, for the operation of a remote-controlled car racetrack on a
vacant City-owned parcel located on Painters Path
(APN 640-091-010).
H. REQUEST FOR AUTHORIZATION to Transfer Mobile Telephone
Contractual Service for the Palm Desert Police Department from
Sprint/Nextel to Verizon Wireless to Achieve an Annual Cost Savings.
Rec: By Minute Motion, approve a contractual change to the cellular
service provider for the Palm Desert Police Department from
Sprint/Nextel to Verizon Wireless and purchase 20 new mobile smart
phones, and authorize the City Manager, or his designee, to execute
any related documentation.
I. INFORMATIONAL REPORT on the 2012 Holiday Theft Suppression
Program.
Rec: Receive and file.
Upon a motion by Benson, second by Weber, and 4-0 vote of the City Council with
Spiegel ABSENT, the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013
XII. RESOLUTIONS
A. RESOLUTION NO. 2013 - 07 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA,AMENDING THE FISCAL
YEAR 2012-2013 BUDGET AS A RESULT OF MID-YEARADJUSTMENTS.
Mr. Gibson noted the staff reportthat reflected the changes forthe revenues,
which was up about $550,000, mainly due to the sales tax, and about
$178,000 in expenditures, most of which is through legal litigation.
Councilman Tanner moved to waive further reading and adopt Resolution
No. 2013-07. Motion was seconded by Weber and carried by a 4-0 vote, with Spiegel
ABSENT.
B. RESOLUTION NO. 2013 - 08 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
RESOLUTION NO. 2012-37-DEVELOPMENT SERVICE FEES RELATIVE
TO FUEL CELL PERMITS AND MICROFILM FEES.
Supervising Plans ExaminerJason Finley noted the staff report on the permit
and archiving fees and offered to answer any questions.
Councilman Tanner moved to waive further reading and adopt Resolution
No. 2013-08. Motion was seconded by Weber and carried by a 4-0 vote, with Spiegel
ABSENT.
C. RESOLUTION NO. 2013 - 09 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING SUPPORT
FOR AN ENERGY PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA
EDISON, IMPERIAL IRRIGATION DISTRICT, SOUTHERN CALIFORNIA
GAS COMPANY, AND THE MEMBER AGENCIES OF THE COACHELLA
VALLEY ASSOCIATION OF GOVERNMENTS TO BE KNOWN AS "THE
DESERT CITIES ENERGY PARTNERSHIP." �
Mr. Alvarez stated that in 2007 the City entered into an energy partnership
with Southern California Edison, The Gas Company, and the Energy
Coalition. The program was funded by the California Public Utility
Commission (CPUC) and was known and branded to the community as the
Set to Save Program. The partnership set forth an aggressive goal of
reducing energy consumption by 30%over a 5-to 6-year period. The Set to
Save energy partnership concluded December 31, 2012. Although the
program was not entirely successful in reaching that 30% energy reduction,
it was highly successful in educating the community on energy efficiency and
other ways to improve the environment and be able to save money at the
same time. In the process of the Set to Save Program, the City was able to
reduce energy consumption by 106 million kilowatt hours, which was equal
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to a citywide energy savings of 15% since 2007. Other benefits associated
with this energy savings include equivalent of removing 80,000 metric tons
of carbon dioxide, equal to removing 15,000 vehicles from the roadways
annually. To continue the efforts set forth by the City in the Set to Save
Program, staff is seeking Council consideration and approval to join the
Coachella Valley Association of Governments(CVAG) Desert Cities Energy
Partnership, which is also funded by the CPUC. The Desert Cities Energy
Partners include CVAG, Southern California Edison, Imperial Irrigation
District(IID), and CVAG's members' cities. The goal of the partnership is to
help local governments to continue to lead their communities in improving
energy efficiency and reducing greenhouse gas emissions. He noted Katie
Barrows from CVAG, Jennifer Cusack from Southern California Edison, and
Deborah McGarry from The Gas Company were in attendance and available
to answer any questions. He said staff prepared a Resolution for Council's
consideration and approval to join CVAG's Desert Cities Energy Partnership.
Mayor Pro Tem Benson asked if the City would still be members of the
Aspen Accord and/or is this new Desert Cities partnership going to be a
member.
Mr.Alvarez responded Palm Desert was still a member of the Aspen Accord
through this year, and it would be up to the Council on whether to continue
that effort next year. He said Ms. Barrows could answer the Aspen Accord
membership question.
Mr. Wohlmuth added Palm Desert was currently a member of the Energy
Coalition (Aspen Accord) through this fiscal year, and it was at Council's
discretion whether to continue that membership at budget review when it
also considered membership in other agency groups, at which time, staff will
provide the Council further insight.
Mayor Pro Tem Benson asked if Desert Cities Energy Partnership would be
looking at joining, so that it was more of a Valley-wide issue than a local
issue.
MS. KATIE BARROWS, Director of Environmental Resources at CVAG,
applauded Palm Desert for its leadership in the partnership with Southern
California Edison and The Gas Company, in particular, the Aspen Accord.
However, she's only had one conversation with the Energy Coalition about
, the possibility of joining, but she would like to explore it further, because she
agreed a regional approach made sense. Further responding, she agreed
to speak with City staff about it, because Palm Desert was most familiar with
the benefits of the Aspen Accord and the things it has been able to
accomplish.
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Mayor Harnik agreed with Mayor Pro Tem Benson's comments,because she
didn't want the City duplicating efforts. She said it was great CVAG was
taking a lead on this, because in order to be effective, it needed to done as
a region. She knew Palm Desert had taken the lead on this issue, but this
was an opportunity for all to benefit.
Mayor Pro Tem Benson moved to waive further reading and adopt Resolution
No. 2013-09. Motion was seconded by Tanner and carried by a 4-0 vote, with Spiegel
ABSENT.
D. RESOLUTION NO. 2013 - 10 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
' PERMANENT EXEMPTION,AS PROVIDED FOR IN SECTIONS 24.16.055
AND 24.16.110 OF THE PALM DESERT MUNICIPAL CODE, TO ALLOW
LIGHT-EMITTING DIODE (LED) PARKING LOT LIGHT FIXTURES IN
PLACE OF HIGH-PRESSURE SODIUM LIGHT FIXTURES AT 77-750,
77-760, 77-770, AND 77-780 COUNTRY CLUB DRIVE (Country Club
Marketplace, Applicant).
Assistant Planner Melissa Nale stated a new property owner purchased the
subject four buildings; they are known as Country Club Marketplace. The
new owner proposed to install parking lot lighting in an existing unlit parking
tot, and they would like to use the most energy efficient lighting available on
the market today. Currently, the Palm Desert Municipal Code only allows
high pressure sodium lights in this type of development, but the City Council
can grant an exemption on a case by case basis. Staff and the Citizen's
Sustainability Committee has researched Light Emitting Diode(LED) lighting
and is incorporating it into Chapter 24.16 Outdoor Lighting Requirements to
update that part of the Code. In addition, Palm Desert Police staff and
Sustainability Committee members have visited a site in Rancho Mirage
where they have already installed LED lights as part of the Eisenhower
Medical Center parking lot addition. The lighting was endorsed by all that
visited there, stating LED lighting produced a more evenly distributed light
than the high pressure sodium lights. She said staff recommended approval
and offered to answer any questions.
Mayor Pro Tem Benson stated the Chamber of Commerce should be
advised that it was allowing this parking lot to make the change, and others
can apply to do the same. She said if LED lighting is better than regular
lighting as claimed, there might people that are unaware.
Mr. Wohlmuth stated there are probably a few developments that would
change out their lighting, and in speaking with Director of Planning
Lauri Aylaian, the Sustainability Committee is working on a new Night Sky
Ordinance that the Council may soon review, which allows this type of
lighting in the near future.
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Mayor Harnik asked what did the City put in place to only require high
pressure sodium light fixtures and what was the benefit.
Ms. Nale responded she was not around during the original writing of the
Code, but knew that LED lights were not available on the market at that time.
She went on to state the current Code was severely outdated and needed
to be updated to what is currently available and is the most efficient.
Mr. Wohlmuth stated the Night Sky Ordinance was adopted by the City
Council on or about 1989,which was plagiarized from Riverside County and
Mt. Palomar Observatory guidelines, so that their observatorywas effective.
He said Palm Desert fell partly around the Palomar Observatory boundary,
and therefore, they recommended the usage of either high pressure or low
pressure sodium lighting so that spill over light didn't pollute the night skies.
He said low pressure sodium lights are those ugly yellow lights that police
don't like, because the color delineation is very poor. At that time, police
recommended high pressure sodium lighting, because it provided better
protection.
Councilman Tanner stated that from a planning standpoint, he agreed the
City needed to move to a better light that was current and not from 1989.
Councilman Tanner moved to waive further reading and adopt Resolution
No. 2013-10. Motion was seconded by Benson and carried by a 4-0 vote, with Spiegel
ABSENT.
XIII. ORDINANCES
A. For Introduction:
1. ORDINANCE NO. 1252 -RN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTION 2.16.010 OF THE CODE OF THE CITY OF
PALM DESERT, CALIFORNIA—AUDIT, INVESTMENT& FINANCE
COMMITTEE.
Mr. Gibson stated the Resolution proposes the elimination of the
position of Assistant City Manager to Redevelopment, since that staff
member has retired. Additionally, remove the Treasurer position with
that member still attending the meetings, but not as a voting member.
The change will provide a lower threshold for a quorum at meetings
and bring the membership from six to five.
Councilmember Weber moved to waive further reading and pass Ordinance
No. 1252 to second reading. Motion was seconded by Tanner and carried by a 4-0 vote,
with Spiegel ABSENT.
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2. ORDINANCE NO. 1253-AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 2.48.110 AND 2.48.090 OF THE PALM DESERT
MUNICIPAL CODE(AMENDING ORDINANCE NOS. 758 AND 116),
RELATIVE TO DISASTER ADMINISTRATION AND EMERGENCY
RELIEF.
Mr. Aryan stated the recommended changes are administrative in
nature like deleting various positions that no longer exist in the City
and replacing them with others that do. One section deals with
succession in terms of who can declare an emergency if the City
Council cannot meet following an incident. He said it was important
to get the line of succession clearly detailed and noted within the
Ordinance for any future type of Federal disaster relief or aide.
Councilman Tanner moved to waive further reading and pass Ordinance No. 1253
to second reading. Motion was seconded by Weber and carried by a 4-0 vote,with Spiegel
ABSENT.
B. For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION FOR STAFF TO SOLICIT BIDS FOR
CONSTRUCTION OF A LEFT-TURN POCKET ON MAGNESIA FALLS
DRIVE AT THE PALM DESERT AQUATIC CENTER DRIVEWAY
(CONTRACT NO. C32550, PROJECT NO. 622-13).
Mr. Greenwood stated soon after opening of the Aquatic Center 1'/z years
ago, staff became aware that residents north or east of the Center were
having trouble gaining access to the Aquatic Complex. Staff determined a
left-turn ingress could be designed for inbound only into the site on Magnesia
Falls at the main driveway. He said staff was making the Council aware of
the project and recommended approved to commence the bidding.
Responding to comment about the engineer's low estimate of$75,000 when
taking into consideration prevailing wages, he explained this was a small
project and it did not include prevailing wages.
Councilman Tanner moved to, by Minute Motion, authorize staff to prepare bid
documents and solicit bids from qualified contractors to construct a left-turn pocket on
Magnesia Falls Drive at the Aquatic Center driveway — funding to bid and construct this
project is available in Aquatic Center Capital Improvements, Account
No. 242-454-9454-4001. Motion was seconded by Benson and carried by a 4-0 vote, with
Spiegel ABSENT.
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B. REQUEST FORAPPROVAL OFA MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN THE CITIES OF INDIAN WELLS, PALM DESERT, AND
RANCHO MIRAGE FOR THE FUNDING OF A DEDICATED FORENSIC
TECHNICIAN POSITION FOR THE COVE COMMUNITIES' LAW
ENFORCEMENT SERVICES (CONTRACT N�. C32560).
Mr. Aryan stated the funding of a full-time Forensic Technician Position is a
proactive effort to mitigate residential and commercial burglaries and similar
type of crimes within Palm Desert and the Cove Communities. Besides
performing technical forensic work in collecting crime scene evidence, this
position will also provide professional testimony at criminal trials and provide
additional training for patrol officers in evidence collection and gathering. He
said this dedicated position will provide a drastically higher level of service
than is currently not available to the City. The technician will be coming out
of the Thermal station and servicing the more serious types of crimes, of
which there is an increase through the AB101 realignment. The Cove
Communities City Manager's of Indian Wells, Palm Desert, and Rancho
Mirage looked at the funding for this position and felt an equitable formula
would be based upon actual service calls versus population, which is the
recommendation. He noted the Public Safety Commission and Cove
Commission reviewed this item and both recommended approval.
Councilmember Weber moved to, by Minute Motion, approve the subject MOU
between the Cities of Indian Wells, Palm Desert, and Rancho Mirage for funding a
Dedicated Forensic Technician Position for the Cove Communities' Law Enforcement
Services, commencing in Fiscal Year 2013-2014, and authorize the Mayor to execute
same. Motion was seconded by Tanner and carried by a 4-0 vote with Spiegel ABSENT.
C. REQUEST FOR APPROVAL OF AN AGREEMENT WITH THE NATIONAL
CIVIC LEAGUE FOR FACILITATION AND PREPARATION OF A NEW
CITY OF PALM DESERT STRATEGIC PLAN (CONTRACT NO. C32570).
Mr. Wohlmuth stated that at the last City Council meeting, as part of the
Study Session, the Council considered/heard the presentation by the
National Civic League,the entity staff is recommending doing Palm Desert's
next Strategic Plan. Since the 2000 and 2010 Plans have been completed,
staff believes much has changed, i.e.,funding, redevelopment,the economic
climate, population, and the service to the public overthe last 10 to 15 years
have changed. He recommended going through another strategic planning
process involving community participation to create a vision for Palm Desert
moving forward for the next couple of decades. He said staff would like to
partner with the National Civic League for facilitation of this process. The
cost of this strategic plan is $80,000, and funds have been budgeted in the
2012/2013 Fiscal Year Budget; he originally had requested$100,000 forthis
process.
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Mayor Harnik asked if there was a standardized timing for strategic plans.
In other words, if this one gets approved, when will the next one happen.
Mr. Wohlmuth responded the life of a strategic plan can be several decades,
stating that once this plan is completed, he suggests the Council look at how
many of the established goals have been met, what are the challenges at
that time, and discuss. Palm Desert has been growing very rapidly from
1973 to present, and because of that growth, it had two serious strategic
planning efforts. A city without the dynamic issues and rapid growth Palm
Desert has experienced over the years, can probably get away with it for 30
or 40 years. He suggested that 10 years from now, the Council should
determine how many of the goals have been met, what types of
programs/project have been implemented that are identified in the Strategic
Plan, and if the goals of that strategic plan are met, it may be time to
undertake another one.
Councilmember Weber stated she enjoyed the National Civic League's
presentation; they sounded confident and experienced, and it was exactly
what Palm Desert needed.
Councilman Tanner noted this was a budget item for fiscal year 2012/2013,
and asked when was the anticipated start date, because the staff report
indicated it was a 10- to 12-month process.
Mr. Wohlmuth stated that if approved, staff will begin with a schedule and
time table with the National Civic League. He said one important aspect of
this 10- to 12-month process is to get community participants and start
identifying those. If the City enters into this contract, the money will be
encumbered and funds wouldn't have to be carried over. Mr. Gibson
concurred.
Mayor Harnik was happy to be moving forward, because the needs and
vision on how the City serviced the community has changed. She said
community needs have shifted, and the Council needed to be aware of it to
ensure Palm Desert continues to do as well as it's famous for.
Councilman Tanner commented he was from the mid west originally, and
$80,000 seems like a lot of money, but he believed this organization was
going to do a great job.
Councilman Tanner moved to, by Minute Motion: 1)Approve an agreement with the
National Civic League in the amount of $80,000 for facilitation and preparation of a new
City of Palm Desert Strategic Plan; 2)authorize the Mayor to execute said contract—funds
are available in Account No. 400-4130-411-3090. Motion was seconded by Benson and
carried by a 4-0 vote, with Spiegel ABSENT.
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D. REQUEST FOR AWARD OF CONTRACT TO LAYFIELD
ENVIRONMENTAL SYSTEMS CORPORATION IN AN AMOUNT NOT TO
EXCEED $260,478 FOR THE DESERT WILLOW RESERVOIR COVER
REPLACEMENT (CONTRACT NO. C32210, PROJECT NO. 861-12).
Mr. Greenwood stated the Desert Willow Golf Courses uses a blend of
reclaimed, recycled, and canal water as delivered from Coachella Vailey
Water District (CVWD). Water is stored in a reservoir on site at Desert
Willow, and it has a cover to limit evaporation and minimizes any smells that
might emit. The cover has been there since 1996; therefore, it's been there
for 16 or 17 years and is unserviceable at this point. The City used the
design build process to seek a contractor who could provide a high quality
cover that will last a long time with a 30-year warranty. Staff recommended
award of contract to Layfield Environmental Systems Corporation who was
not the low price bidder, but who staff believes is providing the best quality
for the dollar.
Councilmember Weber moved to, by Minute Motion: 1) Authorize award of the
subject contract to Layfield Environmental Systems Corporation, Spring Valley, California,
for the Desert Willow Reservoir Cover Replacement Project in an amount not to exceed
$260,478; 2) authorize the Director of Finance to set aside a 10% contingency for the
project in the amount of $26,047.80; 3) authorize the Mayor to execute the contract;
4)authorize the City Manager to approve Change Orders in an amount not to exceed 50%
of the contingency ($13,023.90) — funds for the project are available in Course and
Grounds Expenses Account No.441-4195-495-8092. Motion was seconded by Tanner and
carried by a 4-0 vote, with Spiegel ABSENT.
NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY 4-0 VOTE AT THE
CONVENING OF THE MEETING, 3:00 P.M. (Please see that portion of the minutes
for the motion to add.)
E. CONSIDERATION OF REQUEST BY PALM DESERT YOUTH SPORTS
ASSOCIATION(PDYSA)FOR CONDUCTING ITS ANNUAL OPENING DAY
CELEBRATION EVENT ON SATURDAY, MARCH 9, 2013.
Mayor Harnik noted this item was added to the agenda to discuss the
Opening Day Celebration for Palm Desert Youth Sports Association
(PDYSA), stating the City has had great opening days for the
baseball/softball activities. The event is planned for Saturday, March 9,
2013, and the City has a short window to accomplish anything, which is why
it was added to this agenda.
Management Analyst Ryan Stendell stated that on Tuesday of this week, he
and City Manager discussed with PDYSA a different plan for opening day
this year, which would include the creation of a carnival event. PDYSA
proposes to use the northern area of the Civic Center Parking complex for
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carnival games and rides similar to attractions one might see at the Date
Festival. He said City staff and PDYSA have worked tirelessly together over
the last several years to produce excellent opening day events, but in this
case, staff conveyed to the event producers the concerns and issues as far
as timing, because per the Municipal Code, there are conditions on those
fields for amplified music and sound. Additional issues include charging for
services within parks, camping that would occur to accommodate this event,
parking, noise, and sound issues. With only three weeks out from the event,
staff requires a significant amount of time to go through the whole process,
which is why it was added as an emergency item to the agenda. He noted
representatives from PDYSA are available to answer specific questions
about this event.
Mayor Harnik pointed out there was a lot of information in the notebooks
provided by PDYSA, which the Council hadn't had a chance to review.
Mayor Pro Tem Benson asked if security would be provided for the event.
Mr.Stendell responded the event producer is actually proposing to have staff
on-site for the entire duration of the event, which would require specific
Council action for them to camp out.
Mr. Wohlmuth added that although the opening day is scheduled for
March 9, the proposal is for Friday, March 8, Saturday, March 9, and
Sunday, March 10. Hours of operation have been discussed, but haven't
been finalized. He said there are issues from camping to selling in the park,
which are violations of the Municipal Code. Therefore, if the proposal is
approved, staff would need to return at a later date with the exemptions to
the Municipal Code to address the camping, selling, parking, hours of
operation, and whatever else is needed.
MR. DOUG GALLOWAY, Broken Arrow Trail, Palm Desert, and Coordinator
of Special Events for the Palm Desert Youth Sports Association (PDYSA),
stated that opening day has grown from 1,000 to 3,000 people. A typical
opening day is Saturday where all 70 teams play a game at the Civic Center
Park, there is a marching band, airplanes flying over, and Hall of Fame
greats throwing the first pitch like Johnny Bench, Don Sutton, Steve Garvey,
and the event has grown to astronomical proportions. He said they are now
proposing a weekend event, which includes Friday night, Saturday, and
Sunday, and they plan to expand the event into the parking lot. With regard
to noise, this event will actually reduce the noise, because in past events
they have used amplified sound, marching bands, and airplanes, and now
they are proposing to eliminate those things. The event itself moves further
away from the fields and Monterey Country Club; therefore, the impact is
less noise to the residents at Monterey. The camping accommodation is for
the carnival company to set up four or five RV campers next to the facilities
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adjacent to the fields, so that carnival staff can stay there to watch the rides
and provide security. In terms of sales, it was probably Council's biggest
obstacle. The relationship with the vendor is such that they will sell the
tickets, they keep the money, and PDYSA receives a revenue sharing for
their nonprofit organization. He has some proposals with regards to parking,
but the event will actually produce less noise; it will be very controlled and
very safe. He said the vendor is extremely professional, they have all the
proper licensing, safety checks, and is in full compliance with all State
regulations for carnival rides. If Councilmembers have been to any of their
past events, hopefully they are confident in the quality and safety of their
events. He said the proposal is to extend the event into the parking lot and
to upgrade it from bouncers to carnival rides.
Mayor Pro Tem Benson asked if the residents at Monterey Country Club
have been advised, because if they haven't, they should be.
Mr. Wohlmuth agreed, stating it would be a challenge for staff to make sure
that Monterey Country Club, YMCA, Desert Recreation District, dog park
users, and tennis court users to be notified. He pointed out this proposal
was presented to the City two days ago.
Mayor Pro Tem Benson stated it would concern her for Monterey Country
Club and residents along Magnesia Falls not to be aware of a carnival type
of event, because she could just see all the telephone calls coming in on
Monday morning.
Mayor Harnik asked if there was input or consulting from the YMCA and
Desert Recreational District.
MR. GALLOWAY replied he could only share his experience as someone
who has coached for the YMCA basketball, and coached baseball and
soccer. When he began coaching and his kids became of age, he noticed
the baseball season interFered with the basketball season, so he requested
a meeting with the YMCA to suggest moving one weeks around to avoid
overlapping. However, his concern was met with apathy, but they were not
interested in adjusting at all for the benefit of the kids;therefore, he has been
disappointed with their response to working with other sports leagues. He
said opening day has been on a Saturday with a couple thousand people,
cars everywhere, it's great, the kids and family love it. In this proposal, they
are adding Friday night, Saturday, and Sunday carnival.
Mayor Pro Tem Benson reiterated it concerned her that the Country Club
hadn't been advised before the Council considers something in their back
yard. She understood the Saturday event, and Monterey County Club had
been on board, but the City has never had a three-day carnival in their back
yard.
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MR. GALLOWAY explained the event will be much further away than what
Monterey Country Club is used to, and there will be no amplified sound or DJ
playing music. Therefore, they felt the noise impact from the parking lot to
Monterey Country Club would be none. He thanked the Council for their
consideration.
Councilmember Weber stated it was her understanding that the only people
camping in their RVs and guarding their assets is carnival staff during the
event stay.
MR. GALLOWAY stated it was his fault for being late in submitting this
proposal, but he had been working toward this for many months and was
fortunate to have been contacted by Davis Rides, who is willing to take a
chance on this event at great expense to them. He literally met with Davis
Rides last week, put the proposal together, and was able to get an
appointment with Ryan Stendell to rush this proposal by the Council. He
understood the event has impact and apologized for coming up close to the
deadline.
Councilmember Weber commented it was the reason Council was asking all
these questions. She then inquired about what the vendors would be selling.
MR. GALLOWAY responded Davis Rides will be selling tickets to the rides.
There will also be a food court selling pretzels, cotton candy, etc. He said
there will be two ride sections for small and big kid rides.
Councilman Tanner stated he appreciated Mr. Galloway calling him prior to
the meeting to bring him up to date. He noted that part of their discussion
was about security and fire safety with regards to traffic coming in and out.
However, to be fair to PDYSA, including the girls softball, typically the City
would want more time to investigate, but then that would probably only give
PDYSA a week before the first pitch is thrown. He didn't know if Fire or
Police representatives in attendance had anytime to reviewthis event,which
concerned him more than anything else, because everyone was in it for the
security of the kids and City residents. He invited Fire or Police
representatives to provide their input.
Mr.Wohlmuth pointed out that Fire and Police have not been apprised of this
event. Normally the process is the City receives an application with all the
information that was probably provided in the notebook prepared by PDYSA,
and they review it. In the case of Fire, Division Chief Bill Hunley would
review the information along with the Fire Marshal for ingress, egress,
circulation of fire trucks and emergency response vehicles. However, they
haven't had a chance to do that, because this process literally started
Tuesday (Feb. 12).
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DIVISION CHIEF BILL HUNLEY, Palm Desert Fire/Riverside County Fire
Department/California Fire, stated that as far as tents and booths, once they
are set up, they all have to be inspected and need to comply with State Fire
Marshal rules. In otherwords,there is a whole process that requires it going
through the Fire Department and Fire Marshal. Whoever is setting up the
rides would have to submit that information to the Fire Marshals and needs
to have it signed off by them.
Mr. Stendell stated he loved the effort that PDYSA put forth for the opening
day, but a lot of questions keep surFacing and it's ever evolving. In that
regard, he told Mr. Galloway staff would like three to six months to plan
something like this, because three weeks wasn't enough. He said staff
keeps coming up with new questions every hour; therefore, staff didn't
understand what the total affects are forthis event. Responding to question,
he said the problem is that the youth association needs assurances for the
ride manufacturer this evening, which is why this item was before the City
CounciL
Mayor Harnik stated she has been to the last three opening celebrations and
they have been outstanding, but a recurring question is the ingress and
egress, and with a portion of the parking lot being used for this event, it gives
her further concern. She said the lead time is not sufficient for a community
park, and now it was looking at taking the community out of it, which also
concerned her. She said there will be young people there who may or may
not be part of the great event, depending on who can afford the tickets.
There are a number of concerns, and the Council is so up against the wall
with no time. Additionally, the issue of damage to parking lots, notifying
tennis court users, YMCA, Desert Recreation District, dog park users, etc.,
which was a lot. She didn't think the Council can address all these issues
quickly enough to come up with the right answers.
MR. GALLOWAY replied this was certainly not Davis Rides first rodeo,
stating they are extremelyfamiliarwith fire codes and police security issues.
In this event, there are two giant fire lanes with 360 turnarounds fully
prepared in the plan. He said Davis Rides liability names the City as well as
PDYSA as additional insurers on all damages to property, personal injury,
and the parking lot itself. He said Davis Rides has done the Date Festival,
County, and State fairs. He suggested tabling the motion/decision for
another two weeks, and he will expeditiously meet with police, fire, and City
staff to address all the concerns. He went on to say he didn't feel the event
would be displacing anyone rather than it was bringing more to the
community, because Saturday will continue to bring 3,000 people, and
skaters and dog park users would be displaced as in the past. The only
additional displacements are Friday night, Sunday afternoon and night, yet
there is practicing happening out in the fields on Friday night anyway. The
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disruption to the YMCA and other services available is really just Friday and
Sunday night. He believed this event would bring more people rather than
it was taking away. He thanked the Council for placing this item on this
evening's agenda.
Councilman Tanner questioned whether staff had enough time to notify all
the parties mentioned, as well as the residents on the east side of the park,
because those residents have communicated in the past that they are not
happy with disruptions. He also asked if the lights would be out by
10:00 p.m.
MR. GALLOWAY responded the field lights will be turned off by 9:00 p.m.
and the carnival continues until 10:00 p.m.
Councilman Tanner asked if staff had enough time to notify the people that
are directly and potentially negatively affected, at least in their own minds.
Mr.Stendell replied it was questionable, stating staff might have enough time
to get the information out there, but he wasn't confident he would get a
valuable response.
Councilman Tanner asked Mr. Galloway if there was a Plan B.
MR. GALLOWAY explained that the high school had declined to perform this
year, the Marine Corps Band was disbanded, so there was no marching
band. The plan prior to finding Davis Rides was to continue with the
bouncers, and the new eagle at The Living Desert was not ready to perform,
but will be brought over next year. Therefore, they will probably go with
bouncers, have The Living Desert to do a little outreach show, and have a
petting zoo. He said it was a far cry from what the Council is used to seeing
with planes and marching bands, so this would be going considerably
backwards, but if that's what they have to do, they will respect that decision.
However, this proposal was a plan to increase on past events to keep Palm
Desert on top of all the other leagues, because they have had the biggest
and the best. Unfortunately, he acknowledge the proposal is very late. He
reiterated Plan B will include bouncers,The Living Desert, and a petting zoo.
Mayor Pro Tem Benson stated this was a community affair and not a
Valley-wide event, which the carnival will attract. She said once people find
out it's a free carnival, it will attract a lot more people than normal. However,
if event producers do their homework and get it going for next year, it would
be a reasonable thing to do, but to spring it on the community at this point
without all the checks and balances was not something she could vote in
favor. She believed many of the disasters seen throughout the Country on
large scale events was due to poor planning, and Palm Desert is not known
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for planning poorly. She said it would be a disservice to the community to
approve this event on such short notice.
Councilmember Weber asked about the free admission, because it appears
from the photographs that people are paying for the rides and food.
MR. GALLOWAY explained that unlike the Date Festival where you pay an
admission to get in, here there is no admission gate.
Councilmember Weber stated that meant people will definitely be spending
money to do rides and so forth. With respect to the marching band, she
understood the high school band declined, but wondered how the middle
school responded.
MR. GALLOWAY said the middle school was not approached, and in
fairness to them, he didn't know that their skills are at the level of the Marine
Corps or the high school. He said it would be fair to have to follow a
110-piece band or the Marines.
Mayor Harnik stated it was her experience that the middle school band was
terrific. Councilmember Weber concurred.
Councilman Tanner pointed out that the kids playing in the league are middle
school students and it was worth pursuing, stating they have played in
parades and they have done well. In fact, he believed they would jump at
the opportunity to play. However, he agreed it may be a step backward from
the Marine Corps Band.
Mayor Harnik stated the fire issue is considerable, and there is no time to go
through all the processes required in order for this event to be safe and fully
vetted; the lead time is not enough to do the research and act in the best
interest of the community. However, she was aware that no grant was
awarded to PDYSA this year, and because she couldn't support the camival,
she asked if funds could be allocated from the unobligated General Fund
Reserve to contribute $3,000 toward opening day. She said if PDYSA
couldn't get the middle school to perform, perhaps the funds can be
somewhat of a motivational tool for the high school or whomever to perForm
at the event.
Councilmember Weber stated she would like more of a definition on what the
funds would be used for before its given, and also wanted to know how they
have used the grant for in the past.
Mr. Wohlmuth responded the City of Palm Desert through its Charitable
Contribution Committee has funded PDYSA at least$3,000 for the opening
and $3,000 for the closing for the past six years. Funds have been utilized
to help produce or offset costs for opening day ceremonies, whether it was
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for the Marine Corps Band or getting a keynote speaker for a rather large
scale event with$3,000 attendees. Staff is comfortable following that type of
process, providing Council took action to award $3,000 toward a productive
use of opening day. He suggested that since there are three months before
the closing ceremony, it can be dealt with through the 2013/2014 Budget or
agendize at an appropriate time prior to the closing ceremony and before
the 2013/2014 Budget is approved. He noted that PDYSA has been notified
to submit their application for opening and closing ceremonies for the
2013/2014 Charitable Contribution year as well. Therefore, to specifically
address Councilmember Weber's concern, the City has assisted for many
years entering into contracts with PDYSA, and according to Finance, the
Charitable Contribution process could go relatively smoothly if the Council
chose to contribute the funds.
Councilman Tanner stated he and the Council have a passion for youth
sports, however, given the amount of time to do it right, and in fairness to
PDYSA and everyone concerned, he would like to reject the proposal.
MR. GALLOWAY stated that rather then being voted down, he would prefer
to withdraw his proposal. He said they are not disappointed, because they
share the same concerns for everyone's safety, and it's a big learning
lesson. He said if there isn't enough time for the Council to ensure everyone
is safe and sound, then he will return next year to revisit the plan.
Responding to question, Mr. Wohlmuth explained the agenda item was for
consideration of PDYSA opening celebration activities; therefore, the
contribution of $3,000 for opening day fell into that topic. Additionally, the
City didn't have an application and PDYSA has withdrawn their proposal, so
the Council didn't have to take action on this activity at the park.
Councilman Tanner moved to, by Minute Motion, approved a $3,000 contribution
from the City's Unobligated General Fund Reserves Discretionary Account to PDYSA to
be applied toward a productive use for its Opening Day Celebration Event, with direction
that a separate request return to the City Council at the appropriate time for a contribution
toward the organization's Closing-day Event in June. Motion was seconded by Benson
and carried by a 4-0 vote, with Spiegel ABSENT.
XV. CONTINUED BUSINESS
None
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XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF AN INCREASE TO PLAN
REVIEW/INSPECTION CONTRACTS FOR THE BUILDING & SAFETY
DEPARTMENT FOR A MID-YEAR BUDGET ADJUSTMENT.
Councilman Tanner moved to, by Minute Motion, authorize an additional
expenditure of$30,000 each for Professional Service Agreement(Contract No. C30940A)
with Scott Fazekas&Associates, Irvine, California,and to Professional Service Agreement
(Contract No. C30940B)with Willdan Engineering, San Bernardino, California,for Building
Plan Review and Inspection Services for the remainder of FY 2012-2013 —the increase
shall not exceed a new cumulative total of $60,000 with the approval of an additional
appropriation of $30,000 conditioned upon City Council approval of Mid-year Budget
Adjustment earlier on this agenda — funds are available in General Fund Account
No. 110-4420-422-3010 as set forth in the FY 2012-2013 Budget. Motion was seconded
by Benson and carried by a 4-0 vote, with Spiegel ABSENT.
B. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT
AMENDMENTAND MAINTENANCEAGREEMENT WITH CALTRANS FOR
THE MONTEREY AVENUE INTERCHANGE RAMP MODIFICATION
PROJECT ON INTERSTATE 10 (PROJECT NO. 669-02).
Mr. Greenwood stated the City was currently in the ninth year of a two-year
project to build a loop ramp on Monterey at Interstate 10. The proposed two
agreements before the Council is getting the City closer to the actual
construction. The first Agreement relates to funding where it outlines the
State, Federal, and local monies being used. He noted there are no General
Fund monies being used for this project. The second Agreement outlines
the City's requirement to care for the aesthetic components of some of the
new walls being built, essentially graffiti removal, which is similar to other
interchange agreements. He said the City has the agreement with Caltrans
for the Cook Street and Interstate10 Interchange.
Councilman Tanner moved to, by Minute Motion, approve the following related to
the Monterey Avenue Interchange Ramp Modification Project on Interstate 10:
1) Cooperative Agreement Amendment No. 1 (Contract No. C22310-D, Caltrans District
Agreement No. 8-1425 A/1); 2) Maintenance Agreement for Retaining Wall and Tie Back
Wall No. 930 (Contract No. C22310-G). Motion was seconded by Weber and carried by
a 4-0 vote, with Spiegel ABSENT.
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XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF THE PROPOSED SALE OFTHE
PROPERTY LOCATED AT 74537 KING FISHER CIRCLE
(APN 624-441-007), PALM DESERT, PURSUANT TO HEALTH AND
SAFETY CODE SECTION 33433(c)(JOINT CONSIDERATION WITH THE
PALM DESERT HOUSING AUTHORITY).
Ms. Moore stated that when the State of California enacted AB26, it
prohibited the City/Authority from taking actions with respect to any real
property it owned. Staff went through all the processes requested and
received approval by the Department of Finance for the Housing assets to
continue to operate as a rental property or to be sold as in past practice.This
is the first sale coming forward, and as part of previous Redevelopment law,
a draft Purchase and Sale Agreement is to be held at a public hearing prior
to the sale.
Councilman/MemberTanner moved to waive further reading and adopt City Council
Resolution No. 2013 - 11, confirming that the authorization of the former Palm Desert
Redevelopment Agency (the "Agency") to sell small housing projects pursuant to Health
and Safety Code Section 33433(c)transferred to the Palm Desert Housing Authority as the
successor to the former Palm Desert Redevelopment Agency's Housing Functions and
Assets. Motion was seconded by Weber and carried by a 4-0 vote,with Spiegel ABSENT.
Mayor/Chairman Harnik declared the public hearing o�en on the proposed sale of
property located at 74537 King Fisher Circle (APN 624-441-007) to a qualified
household of low or moderate income, and invited public testimony FAVORING or
OPPOSING the matter. With no public testimony offered, she declared the public
hearing closed.
Councilman/MemberTanner moved to: 1)Waive further reading and adopt Housing
Authority Resolution No. HA - 49, approving the sale of the property pursuant to the
attached draft Purchase and Sale Agreement, by Minute Motion: 2) approve silent
homebuyer assistance loans in amounts that do not exceed $80,000 in total to ensure an
affordable housing cost from any available funding source restricted for such purpose
(BEGIN, Housing Mitigation, Agency/Housing Authority Program Income); 3) authorize
payment of the transaction costs from the sale proceeds forthe purpose of repairs required
for closing, fees customary to real estate transactions in Riverside County, including
escrow, title, FHA fees, inspections, vermin eradication, commissions, and disclosures; 4)
authorize use of the Falcon Crest sales program and documents, including the restrictive
covenant and loan documents for the applicable funding source, in their substantial form,
understanding that references will be changed as necessary to the Authority; 5)authorize
the Authority's Executive Directoror his designee to finalize and execute the Purchase and
Sale Agreement and any ancillary documents necessary to effectuate the sale and actions
taken herewith. Motion was seconded by Benson and carried by a 4-0 vote, with Spiegel
ABSENT.
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XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City ManaQer Meetina Summaries for the Period of January 14 -
February 1, 2013.
With City Council concurrence, the Meeting Summaries were received and filed.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Consideration of the Appointment of a Delegate and/or Alternate to
the Southern California Association of Governments(SCAG)General
Assembly, May 2-3, 2013, at the J. W. Marriott Desert Springs
Resort & Spa, Palm Desert.
Ms. Klassen called attention to the request contained in the agenda
packets. She noted that if the City Council desired to send its own
voting delegate, the selection needed to be made at a Council
Meeting with a formal action for this purpose. She noted that it was
her understanding that the City had a regional representative to
SCAG in Councilman Greg Pettis from the City of Cathedral City, and
he could so represent the region as a whole on the part of
Palm Desert. However, if Palm Desert wanted to send its own voting
representative, this was the time and place to name that
Councilmember. Responding to question,she affirmed that an official
could attend the General Assembly without being a voting member.
Mayor Hamik commented that the upcoming event had been the topic
of much discussion at recent RCTC(Riverside CountyTransportation
Commission) meetings.
In answer to Councilman Tanner's question about how SCAG
attendance had been handled previously, Mayor Harnik said she'd
attended in the past. Mayor Pro Tem Benson added that the City had
also let the regional representative do the voting for the City, as well,
in prior years.
Councilman Tannerfelt since this year's General Assemblywas being
held in Palm Desert, there should be an appointed representative
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013
from the City Council, and he believed the Mayor would be the
appropriate appointee.
Mayor Harnik added that it is a great experience and encouraged as
many of her colleagues as possible attend as well.
Councilman Tanner moved to, by Minute Motion, appoint Mayor Jan C. Harnik as
the City's Voting Delegate to the SCAG General Assembly, May 2-3, 2013, at the
J. W. Marriott Desert Springs Resort & Spa, Palm Desert. Motion was seconded by
Benson and carried by 4-0 vote, with Spiegel ABSENT.
D. PUBLIC SAFETY
1. Fire Department
None
2. Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. City Council Requests for Action:
None
2. City Council Consideration of Travel Requests and Reports:
None
3. City Council Committee Reports:
a) Riverside County Transportation Commission (RCTC) —
Mayor Harnik reported that RCTC recently conducted a two-day
workshop in La Quinta. She obtained much good information,
noting that there is some overlap with the Southern California
Association of Governments'(SCAG)mission. She said there was
a lot of talk about the need for CEQA (California Environmental
Quality Act) reform so that it works better for people instead of
being a tool that doesn't necessarily work in the best interests of
the community.
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4. City Councii Comments:
a) The Living Desert - Mayor Harnik commented that Southern
California Golf Association Magazine just named The Living
Desert as the#1 tourist attraction in Southern California.
b) Palm Desert High School — Mayor Harnik related that she'd
recently addressed a couple of Mr. Devlin's classes at PDHS, and
the students offered a few suggestions for the City, which she
thought were very insightful. She planned to bring them forward
during the upcoming Strategic Planning Process.
5. Suggested Items for Future City Council Meeting Agendas:
None
XIX. ADJOURNMENT
Upon a motion by Tanner, second by Benson, and 4-0 vote of the City Council, with
Spiegel ABSENT, Chairman Harnik adjourned the meeting at 5:32 p.m.
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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