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HomeMy WebLinkAboutPrelim - CC - 05-23-2013 DRAFT _ � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 23, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Harnik convened the meeting at 3:00 p.m. I1. ROLL CALL Present: 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 Robert W. Hargreaves, Assistant City Attorney Rachelle D. Klassen, City Clerk Bo Chen, City Engineer 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 Kevin Vest, Chief, Palm Desert Police/Riverside Co. Sheriff's Department David Adams, Sgt., Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk Upon inquiry by Mayor Harnik, Ms. Klassen affirmed that the agendas for today's City Council, Successor Agency, and Housing Authority Meetings had all been posted in accordance with the Ralph M. Brown Act. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None i PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 75-444 Orange Blossom Lane (APN 634-062-006), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Skarlete Nabavi-Noori Under Negotiation: x Price x Terms of Payment 2) Property: 43-815 Yellow Sage Drive (APN 634-242-027), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Elizabeth A. Gilmore Under Negotiation: x Price x Terms of Payment 3) Property: 74-544 King Fisher Circle(APN 624-440-010), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Randy Dean Fiumara and Penny Lee Fiumara Under Negotiation: x Price x Terms of Payment 4) Property: 74-600 King FisherCircle(APN 624-440-014), Palm Desert Negotiating Parties Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Carlos Valdez and Myrna Valdez Under Negotiation: x Price x Terms of Payment 5) Property: APN 640-020-039 Negotiating Parties: Agency: John M. Wohlmuth/Mark Greenwood/City of Palm Desert Property Owner: Waring Plaza Properties/Amash Under Negotiation: x Price x Terms of Payment 2 � PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 6) Property: APN 640-020-040 Negotiating Parties: Agency: John M. Wohlmuth/Mark Greenwood/City of Palm Desert Property Owner: Robert Weigel 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(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Harnik adjourned the meeting at 3:01 p.m. She reconvened the meeting at 4:00 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- Mayor Jan C. Harnik VII. INVOCATION - Councilman Van G. Tanner In consideration of timing constraints for the recipient of a City Proclamation, with City Council concurrence Mayor Harnik suspended the agenda at this point in order to take up Section IX - Awards, Presentations, and Appointments, Item A. She immediately resumed with the agenda order thereafter. VIII. ORAL COMMUNICATIONS - B MR. CARL CIESLIKOWSKI, Spyglass Lane, Palm Desert, addressed the Council today regarding what he felt was an upcoming opportunity during the project affecting Highway 111 this summer. He's a longtime resident of the Coachella Valley and requested the City give serious consideration to re-landscaping the medians along the Highway 111 corridor. He feltthis feature was a focal point when people come to the desert. Comparatively, when one travels from Rancho Mirage to Palm Desert, to Indian Wells, and La Quinta, there is a great, cohesive transition from other areas in the Coachella Valley. He was concerned that Palm Desert doesn't hold par to those other areas; the City needs some date trees and some real effort put into the appearance there. He said if City Council hasn't done so yet, it should consider referring this issue to staff for review and/or conduct a Study Session about it to bring Palm Desert up to par with its neighboring cities. 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 MESSRS. ROGER COLDIRON and STEVE LITTLE, representing the Palm Desert Aquatic Center, came forward foday to thank Mayor Hamik, City Council, and all community members who participated in "Swim To Win" with the Olympian swimmers on Saturday, May 18, at the Center. It was a great event with approximately 2,000 participants getting the chance to receive free swim lessons from the Olympians. They followed by presenting a short video clip from the event, adding that they hope to be able to do it again next year. MR. LITTLE went on to express thanks to the current and former City Councils, especially Mayor Pro Tem Benson for their tireless work in making sure the Aquatic Center came to fruition for the citizens of Palm Desert. Hopefully, they can change the world by teaching children how to swim, and he added that they already have agreements with the Olympians to come back and do this again next year. Mayor Harnik commented that it was an outstanding event, she and Councilman Tanner were there, and it was amazing to see six Olympians teaching community members to swim. She added that Mr. Little deserves a great deal of the credit for this event and thanked him for all his efforts put toward it. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MAY 23, 2013, AS "ASPEN KOESTLER DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Harnik presented the framed proclamationto Ms. Koestlerand congratulated heroutstanding achievement in receiving the Girl Scout Gold Award, Girl Scouting's highest, and being named the Girl Scout of the Year for the San Gorgonio Council. Additionally, she noted that Ms. Koestler was going to be graduating from Palm Desert High School at their ceremonies this evening. A representative from the Girl Scouts stated they were extremely proud of Ms. Koestler's accomplishments, and her receipt of the Girl Scout Gold Award was a testament to her exemplification of the very best values of Girl Scouting. B. PRESENTATION TO THE CITY COUNCIL BY THE PALM DESERT CHARTER MIDDLE SCHOOL AFTER SCHOOL PROGRAM. MS. BETH BEARDSLEY, Director of Bridges at Palm Desert Charter Middle School, thanked the City for providing funding to their program. She presented a PowerPoint report(now on file and of record in the City Clerk's Office), illustrating the progress made in this school year. The report provided Student Survey statistics, with 73% in all grade levels strongly agreeing or agreeing that the program has helped with their grades, in addition to their enjoying participating in the program each day while their 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 parents are at work. She said their new program is very structured, with the first hour being focused entirely on academics— making sure all homework is complete, and she shared some of the students' comments. One of them was that they enjoyed being in Bridges, because they could go home at night and relax with their family after having completed their homework during the After School Program. She said they also loved Bridges because they could experience enrichment activities, such as cooking and art, after the tutoring session is finished. She went on to report Parent Survey results, with an overwhelming positive result of 96% of the parents strongly agreeing or agreeing that they are satisfied with the new program. Further, she shared some of the parents' written responses, noting that numerous parents comment every day how much the stress in their lives is reduced, because they can work until 6:00 p.m. knowing that their child is safe and their homework is being done. Other parents related similar positive feedback. Lastly, she had a table representing grade point average (GPA), with 24 of 93 total students remaining on a 4.0 GPA, which is High Honor Roll, and 21 students receiving Honor Roll (3.5 -3.9 GPA). She said in the 4'h quarter of this school year their focus was eliminating the "D" and "F" grades, with only 2 of the 93 receiving a 2.0 GPA or below. She added that they were very proud of this fact, because they've done a lot of intervention for the students, making sure that they're both doing and understanding the homework and coursework, and improving in their grades. Overall, she said that 49% of students throughout the entire year earned Honor Roll or High Honor Roll, and 76% of students earned a 3.0 for the entire year, which was very impressive and represented their very hard work. She introduced two 6tn Grade students, Kayla and Andrea, who wanted to personally share their impressions of the program with City Council. - Kayla said she liked Bridges because it helped increase her GPA—from B's to straight A's. She also liked the enrichment choices; she took cooking in the first two quarters and was now taking art. She learned to make pastries and stir-fry, and it was wonderful; and she's learned pottery and landscape drawing through the art sessions. Her mom liked Bridges too, because when she gets home, they can just spend time together. She thanked Bridges and the City Council on her own behalf and that of her fellow students. -Andrea said she's been in Bridges since beginning of the 3`�quarter this year because her mom works every day until 5:00 p.m. Her favorite part of the program was the enrichment offerings, especially cooking, where she could learn how to prepare foods and bake her favorite desserts. She also liked being with her friends each day until 5:00 p.m., and she thanked City Council for the Bridges Program that helped her with her homework. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 MS. BEARDSLEY again thanked City Council and said how proud theywere of their first year under the new Bridges Program at Palm Desert Charter Middle School. C. PRESENTATION TO THE CITY COUNCIL BY THE ABRAHAM LINCOLN ELEMENTARY SCH04L AFTER SCHOOL PROGRAM. MS. MELISSA MOLL, Site Coordinator at Abraham Lincoln Elementary School YMCA, related that she attended both Abraham Lincoln Elementary School and YMCA Programs as a child, and has been working with YMCA now for around 18 years. At Lincoln Elementary, they have about 100 kids in, the After School Program, and through it, 90% of them this year have increased their reading by at least one level. She added that their test scores are also typically higher than those not in the program, and about 85% of them have earned "Student of the Month"this year. She added that they were very proud of the students and introduced two students, 5ch Graders Luz and Isis, to provide comments about the program. - Luz read her essay, stating that felt the YMCA had the best teachers—they helped with homework and are very nice, and some have been working at the YMCA for a very long time. She also liked the fact that she and her little sister get to go to the YMCA and spend more time together there than when they're at home. She noted that there are a lot of other siblings that go to the YMCA together as well. The YMCA has taught her about teamwork,friendship, and how to be a better person; she felt she had made more friends at the YMCA than she had at school. The YMCA has always been there for her, and she loved them. She thanked the City for keeping the program running. - Isis read her essay, saying that the YMCA offers many things and manyopportunities. She's made more friends and learned newthings about who they are; her best friends all go to the YMCA too. She also liked crafts and projects that they get to do. If she were at home, she'd be watching TV and not using her imagination like she gets to do at the YMCA. She also liked getting to have snacks and juice, because she's really hungry after school. It's fun to get to play on the playground after homework time, so she could play games and have fun. She said all the teachers were supportive and help her with her homework. She really loved coming to the YMCA. She thanked City Council for allowing her to have a place to go after school. MS. MOLL again expressed sincere appreciation for the City's support. 6 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 9, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 213, 216, 217, and 218. Rec: Approve as presented. C. LETTER OF RESIGNATION from Pamela Plick - Palm Desert's Representative to the Joslyn Center Board of Directors, Effective June 30, 2013. Rec: Receive with very sincere regret. D. REQUEST FOR ACCEPTANCE of 2002 Ford Explorer Vehicle Donation from the County of Riverside to the City for Use by the Palm Desert Citizens On Patrol (COPS) Program. Rec: By Minute Motion, accept donation of the 2002 Ford Explorer from County of Riverside to the City for use by the Palm Desert COPS Program. E. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between Community Connect (formerly the Volunteer Center of Riverside County) and the City of Palm Desert for Participation in the 2-1-1 Riverside County Program (Contract No. C32780). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. F. REQUEST FOR EXTENSION of Contract with Dove Printing for Printing of the Bimonthly BrightSide Newsletter for Fiscal Year 2013-2014 (Contract No. C31771). Rec: By Minute Motion: 1) Approve a one-year extension of the subject contract with Dove Printing, Palm Desert, California, for bimonthly printing of the BrightSide Newsletter in the amount of $36,966 for FY 2013-2014 as provided for in the contract; 2) authorize the Mayor to execute said contract e�ension — funds are included in the proposed FY 2013-2014 Budget, Account No. 110-4417-414-3026. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 G. REQUEST FOR APPROVAL of $31,000 Expenditure for Postage on the Bimonthly BrightSide Newsletter— Fiscal Year 2013-2014. Rec: By Minute Motion, approve expenditure of $31,000 for the United States Postal Service to cover a year's worth of postage for mailing of the bimonthly BrightSide Newsletter—funds have been included in the proposed FY 2013-2014 Budget, Account No. 110-4417-414-3026. H. REQUEST FOR EXTENSION of Contract in the Amount of$38,052 for One Year with All Seasons Landscape & Design, Inc., for Landscape Maintenance Area No. 19 and Include Repair Work and Services in Amount Not to Exceed 20% of Contract Amount (Contract No. C30801, Project No. 919-11). Rec: By Minute Motion: 1)Approve the subject contract extension for one year with All Seasons Landscape & Design, Inc., Cherry Valley, California, for Landscape Maintenance Area No. 19 in the amount of $38,052; 2) include repair work and services at the specified contract rate, not to exceed 20% of contract amount($7,610); 3)authorize the Mayor to execute the contract — funds are available in Account No. 703-4388-433-4001 - RDA Successor Agency/Capital Outlay. I. REQUEST FOR EXTENSION of Contract in the Amount of$5,888 for One Year with Automated Power Specialties & Electrical for the Irrigation Pump Maintenance and Repair at City Parks (Contract No. C31091). Rec: By Minute Motion: 1) Approve the subject contract extension for one year with Automated Power Specialties & Electrical, Riverside, California, for Irrigation Pump Maintenance and Repair at City Parks in the amount of $5,888; 2) authorize the Mayor to execute the contract — funds are available in General Fund Account Nos. 110-4610-453-3320 - R/M Landscaping Services and 110-4611-453-3320 - R/M Landscaping Services. 8 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 J. REQUEST FOR AUTHORIZATION to Increase Building & Safety Plan Review/Inspection Service Contracts forthe Remainderof Fiscal Year 2012- 2013. Rec: By Minute Motion: 1) Authorize an additional $15,000 to Account No. 110-4420-422-3010 related to Professional Service Agreements with Scott Fazekas & Associates (Contract No. C30940A), Irvine, California, and Willdan Engineering (Contract No. C30940B), San Bernardino, California — amending the prior authorized amount of not to exceed $60,000 to an amount not to exceed $75,000 for Plan Review and Inspection Services for the remainder of FY 2012-2013; 2)appropriate$15,000 from the Unobligated General Fund Reserve to FY 2012-2013 Account No. 110-4420-422-3010 for this purpose. Councilmember Weber requested Item E be removed for separate action under Section XI, Consent Items Held Over. Upon a motion by Spiegel, second by Tanner, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER E. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between Community Connect (formerly the Volunteer Center of Riverside County) and the City of Palm Desert for Participation in the 2-1-1 Riverside County Program (Contract No. C32780). Councitmember Weber stated the MOU was for$7,500, but after reviewing the staff report and making her own calculations, she said 14% accounted for utility assistance, and when combined with the remaining top 25 most requested needs, it added up to 56%. She questioned what the remaining 44%accounted for. Additionally, based on her calculations,the cost per call is $202. Ms. Riddle responded Community Connect provides a nine-month report, because of the time it takes for Council approval and execution of the contract. She explained a 12-month report could be provided, but it wouldn't reflect three months of this reporting period. Councilmember Weber stated she understood, which is why she converted the numbers to 12 months, and it came up to approximately 736 calls a year into $7,500, which results in $202 per call. Ms. Riddle stated she would have to review the report, because she couldn't recall the number of calls received. However, the request is to pay an 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 amount not to exceed $7,500, because the City hasn't been invoiced. Responding to question about the cost per call, she said the rate was based on 13% capita of the residents of Palm Desert. Councilmember Weber stated that if the City went from 800 calls to 8,000, then the City could pay up to the $7,500. Ms. Riddle explained the City hadn't been invoiced,which is why the request was for an amount not to exceed, stating the exact number of calls received in a year was unknown. Further responding, she said the City paid approximately $6,000 last year. Councilmember Weber stated that based on that amount, the City was still paying about $80 to $100 a call. Mayor Harnik pointed out that based on the numbers provided, the calculation actually came out to $10 a call. Councilmember Weber asked for clarification on the other 44% of the calls and who handled them. Ms. Riddle said calls went through the 2-1-1 System, and they are handled by their staff. Councilman Spiegel commented it was a lot cheaper than 9-1-1 calls. Mayor Pro Tem Benson explained that initially when the System started, it cost pennies per resident forwhat it accomplishes. She personally knew that with child care, the number of calls that went through the 2-1-1 System was phenomenal that the City would have to field, but didn't have the answers. Ms. Riddle agreed, stating the 2-1-1 System provided referrals for all types of services. Councilmember Weber agreed it seemed like a great service, but she just wanted clarification on the cost. Councilman Spiegel moved to, by Minute Motion, authorize: 1) City Manager to execute the subject MOU between Community Connect and the City of Palm Desert for participation in the 2-1-1 Riverside County Program; 2)expenditure of funds in an amount not to exceed $7,500 from Account No. 110-4132-411-3090 for this purpose. Motion was seconded by Tanner and carried by a 5-0 vote. XII. RESOLUTIONS None 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE INITIATION OF PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR FISCAL YEAR 2013-2014 FOR THE CITYOF PALM DESERT BENEFITASSESSMENT DISTRICT NO. 01. Senior Management Analyst Ryan Stendell stated this item was to formally declare the intent to levy Benefit Assessment District No. 1. He said staff recommended approval of the intent and to set the public hearing for June 27, 2013, pursuant to State law. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2013-20, declaring intention to levy the annual assessment for FY 2013-2014 for the City of Palm Desert Benefit Assessment District No. 01, pursuant to the Benefit Assessment Act of 1982 and appointing a time and place for the public hearing on these matters. Motion was seconded by Benson and carried by a 5-0 vote. B. REQUEST FORAPPROVAL OF THE INITIATION OF PROCEEDfNGS TO LEVYAND COLLECTANNUALASSESSMENTS FORTHE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2013-2014, AND GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR SAID DISTRICT FOR FISCAL YEAR 2013-2014. Councilmember Weber recused herself from this item and left the Council Chamber. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 2013-21, initiating the proceedings for the levy and collection of annual assessments for the Palm Desert Consolidated Landscaping and Lighting District - FY 2013-2014; 2) Resolution No. 2013 - 22, declaring the intent to levy and collect annual assessments for the Palm Desert Consolidated Landscaping and Lighting District, and granting preliminary approval of the Engineer's Report for FY 2013-2014. Motion was seconded by Tanner and carried by a 4-0 vote, with Weber ABSENT. 11 I PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 C. REQUEST FORAPPROVAL OF THE INITIATION OF PROCEEDINGS FOR THE FORMATION OF THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT. Senior Management Analyst Ryan Stendell pointed out the City typically conducted these Business Improvement Districts in 5-year increments, but due to the condition of President's Plaza, it will be done in a 3-year period. The hope is that at the end of the 3-years, it will have a project established to rehabilitate the parking lot and hopefully have the property owners vote to have an assessment that is in the amount sufficient to maintain the improvements. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 2013 - 23, initiating proceedings for the formation of the President's Plaza I Property and Business Improvement District and the levy and collection of assessments for Fiscal Year 2013-2014, pursuant to the provisions of Part 7 of Division 18 of the California Streets and Highways Code; 2) Resolution No. 2013 - 24, describing proposed improvements and services and approving the Management District Plan, and preliminarily approving the Engineer's Report for Fiscal Year 2013-2014 regarding the proposed formation/renewal of the President's Plaza I Business Improvement District, pursuant to the provisions of Part 7 of Division 19 of the California Streets and Highways Code; 3) Resolution No. 2013 - 25, declaring the City's intention to form the President's Plaza I Business Improvement District, and to levy and collect assessments therein, and calling for an Assessment Ballot Proceeding to submit to the qualified property owners within such district the question of levying assessments for such district, commencing FY 2013-2014. Motion was seconded by Tanner and carried by a 5-0 vote. D. REQUEST FORAPPROVAL OFA MEMORANDUM OF UNDERSTANDING (M�U) WITH THE BUREAU OF LAND MANAGEMENT (BLM) FOR RANGER SERVICES, TRAIL MAINTENANCE, AND LANDSCAPING COSTS FOR THE SANTA ROSA MOUNTAINS VISITORS INFORMATION CENTER (CONTRACT NO. C32790). Senior Management Analyst Ryan Stendell noted the staff report and offered to answer any questions. Councilman Spiegel commented that BLM took care of the trails. Mr. Stendell concurred. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute the subject MOU with the Bureau of Land Management (BLM) for a two-year period beginning July 1, 2013, through June 30, 2015 — funds are available in General Fund Account No. 110-4610-453-3092 - Parks, Contract Services. Motion was seconded by Tanner and carried by a 5-0 vote. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 E. REQUEST FOR APPROVAL OF AN IMPLEMENTATION AGREEMENT WITH COACHELLAVALLEYASSOCIATION OF GOVERNMENTS(CVAG), AUTHORIZING CVAG TO IMPLEMENT, MANAGE, AND ADMINISTER A PROPERTY-ASSESSED CLEAN ENERGY PROGRAM THAT INCLUDES THE CITY OF PALM DESERT (CONTRACT NO. C32800). Mr. Alvarez stated that in 2008, the City of Palm Desert was the first municipality to implement an AB811 Property Assessed Clean Energy (PACE) Program,which allows property owners to finance energy efficiency and renewable energy projects with repayment through the property tax. To date, over the last six years, the City has lent up to $6.5 million in energy efficiency and renewable projects, which equate to more than 300 projects. Over the last year, the City has been working with CVAG to move this type of PACE Program to a regional approach. He said CVAG was successful in going through a Request for Proposal to bring a third party consultant and implementor of a similar PACE program. The item before the Council will allow the City to join a regional approach to clean energy programs, allowing for the same benefits that Palm Desert residents are experiencing with its Energy Independence Program (EIP). He invited Katie Barrows with Coachella Valley Association of Governments (CVAG) to explain the process, along with Crystal Crawford, a representative from Ygrene to provide an overview of the proposed regional approach. Councilman Tanner asked if this implementation program was intended to replace the current Palm Desert program. Mr.Alvarez said if the Council chose to join CVAG's Clean Energy Program, the Council can choose to suspend the Energy Independence Program, but it was not part of this request. He said staff would return with a separate request to suspend the EIP Program if that was something the Council wished to consider. MS. KATIE BARROWS, CVAG's Director of Environmental Resources, stated it was great to be at the home of PACE, the City of Palm Desert, to bring this program forward and follow its leadership. She said the CVAG Executive Committee went through a process over the last several months of working on establishing a regional PACE Program. She urged the Council to approve the Implementation Agreement, which gave CVAG the authority to act on the City's behalf, as well as its other members, to establish the PACE Program. She said it was an exciting opportunity, because a commercial component was added to their program. In response to Councilman Tanner's question, she explained the Implementation Agreement allows for an AB811 PACE Program to occur. Therefore, if Palm Desert chose for its PACE Program to continue, the Implementation Agreement allowed for that flexibility. She said CVAG looked forward to 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 having a program that helps property owners to funds improvements as Palm Desert has done for many years. She said when Palm Desert established the PACE Program, there was a big flush of new business for contractors, and CVAG was hoping to see the same. Fortunately, in today's market, companies such as Ygrene Energy Fund are available to bring private financing to the Coachella Valley to help support this kind of program and essentially invest in the community. The current process is to go out to all the cities from Blythe to Palm Springs along with the County, to get participation; thus far, six cities have approved the Implementation Agreement. She is hopeful the process will be completed by the first week of June, and then CVAG's Executive Committee will go through a process of establishing the PACE District, which takes a couple of different meetings and possibly a special meeting in July. She said they would like to get things moving to have the program in place as soon as possible. Additionally,there is a legal Validation Action process that takes a couple of months. MS. CRYSTAL CRAWFORD, Ygrene Regional Director for Southern California, stated Palm Desert's Council and staff are very familiar with how the PACE Program works, but the one distinguishing feature is that the Ygrene Program is based on Senate Bill 555 (SB555), which is a later statutoryframework passed in October2011.Therefore,some improvements were made to the program, and she will focus on those differences in her presentation. She said Ygrene was a collaboration of a public/private partnership between Ygrene Energy Fund and CVAG member cities, stating Ygrene provides a lot of the same things that Palm Desert has been doing with its existing PACE Program through its funds and staff. Ygrene will instead, as the administrator of the program, will work with member cities to figure out ways to make it available to its businesses, property owners, and homeowners. Ygrene will also work with local contractors throughout the Valley to make sure they understand how the Program works. Ygrene is lucky to have the benefit of the work already paved by Palm Desert with a numberof contractors;therefore,there arefolkswho are alreadyfamiliarwith PACE financing and its opportunities. However, Ygrene wants to grow that universe to include contractors throughout other cities in the Coachella and Palo Verde Valleys. She said Ygrene certifies its contractors, which meant they will go through 8-10 hours of training on how the software works, eligible types of improvements, the qualifications needed for financing, and how to use the program administration through Ygrene to ensure consumer protection.Ygrene wants to ensure contractors are reputable, have licenses, and understand they are required to pull permits for some improvements, etc. As mentioned, Ygrene will work with Palm Desert and other members to make the program available to all property owners. Their primary obligation is to make sure the funding is available, so that any property owner who wished to take advantage of the financing has the capital available. In general,Ygrene provides 100% project financing, and the other items offered are similar to Palm Desert's existing program. A key benefit to 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 local government is that Ygrene pays for all the cost of setting up the program, as well as reimbursing CVAG for administering the program once it's up and running. The eligible improvements are similar to AB811, as the SB555 program provides financing for anything that saves on energy, saves on water, or allows for installation of renewable energy types of improvements. She displayed a list of common types of improvements, but basically it included anything that saved on utilities or generated energy. The key aspects to SB555 are that the legislature improved upon AB811 by adding additional categories to the program. Ygrene will be able to refinance under the SB555 program. As an example, a property owner who is interested in doing a solar lease, but would preferto own the installation, can proceed with a lease now, and once Ygrene's program is up and running,the improvements can then be refinanced through the PACE Financing Program. She said the SB555 legislature added the ability to service public buildings, although they are still figuring out how it will actually work. Therefore, this type of financing can be used for schools or other types of municipal buildings. Additionally, they can also do new construction. She said if someone wanted to take advantage of the financing on new construction, occupied or not, the financing can be combined with other types of financing to provide energy efficiency enhancements to the program. She said eligible property owners are under Ygrene's underwriting standards, requiring 15°/a equity in the property, current on property tax payments, current on the mortgage (if any), and no history of a bankruptcy proceeding for the last three years. She said Ygrene provides a software program that allows property owners to go on-line, put in the address, and within a minute a report pops up showing how much the property qualifies for. Under Ygrene's program, a property owner can borrow up to 10%of the fair-market value of the property and then choose the type of improvement. She displayed a residential Property Eligibility Report as an example, which showed the amount being borrowed, the quoted interest rate, and payment amount based on a 20-year payback period. She said a 20-year payback period seemed to be the one most property owners tend to choose. Ygrene will offer a local energy center, which was something that appealed to the Executive Committee about the program. Therefore, Ygrene will open a store front office in the Valley, but they do have the challenge and opportunity to figure out how to spend time in each city and unincorporated communities and talk to the residents, because not everybody is on-line or drives. She said Ygrene will initially hire three people to work in the office, which will include a district director and customer service personnel who will be out in the field meeting with residents, property and business owners, about using the program. Ygrene will also have workshops both for contractors and property owners. She said local officials, CVAG, and designated City staff will be able to keep track of the number of projects, new applications, and total funding to date. The software will be easy for property owners to use, and contractors will be able to provide financing options to their customers. She said Ygrene provides perFormance guarantees in their 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 agreement with CVAG, so Palm Desert wili be able to keep track of the number of projects being financed. She said a handout was provided to the Council about the program that includes letters and information as provided to the Executive Committee on April 29, 2013. The handout provides numbers for the type of benefits Ygrene will bring to the region in terms of actual investment and jobs. The handout assumes all the cities and unincorporated areas participate, and it assumes Ygrene will retrofit 3.5%of existing commercial and residential buildings. Atthat level, overthe nextfive years, Ygrene expects to bring $220 million in actual dollars for retrofits, which creates about 3,300 new jobs and additional economic activity throughout the region; these are local jobs and local contractors. Each City will also get the benefit of the credits for the reductions in Greenhouse Gas Emissions (GGE), which will be tracked and reported to each city without having to expend General Fund monies to create those reductions. In summary,the benefits that will be brought to the region include jobs, benefits to local economy, a progressive stance on environmental issues to save energy, save water, and protect the desert environment. Therefore, she looked forward to expanding those efforts through this program. She said Ms. Barrows talked about the process and how Ygrene was selected, and now it's reaching out to member cities for consideration of the Implementation Agreement, and she was hopeful to receive Palm Desert's approval this evening. She said CVAG and city staff members will work on developing a marketing program that works for the region, because not every city was the same. She said they hoped to form the District in June and launch the program by November; however, depending on how crowded the Superior Court docket is, it can take several months to get the validation action through. Councilman Spiegel inquired about the status of the other member cities. MS. CRAWFORD responded the cities of Blythe, Indio, Rancho Mirage, Cathedral City, and Coachella are approved, and she was hopeful for Palm Desert this evening. They will next go to Palm Springs, Indian Wells, Desert Hot Springs, and the County. Councilmember Weber stated Palm Desert was very involved, stating that solar and all the other improvements it was doing are wonderful; however, she would be voting no, because she didn't think government should be in the business of lending money, it should be the bank's business. She said getting government involved and placing a loan on properties tax bills took away competition. She said if the product was really worth it, people would be lending money on their own, and cities wouldn't be approached or involved to place loans on an assessment or property tax bill. She was in favor of solar as she had solar hot water since the 1980's, it was a great invention, but that wasn't the issue. The issue was the principal of the government not being involved in lending money. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 MS. CRAWFORD responded she was happy to clarify and allay those concerns, stating Ygrene was a private company. Therefore, the program did not involve any government funds. Councilmember Weber asked if the loan will go on the tax bill. MS. CRAWFORD explained the loan will go on the tax bill, which is how the financing is paid back, but all the money that went into the program, unlike Palm Desert's program where General Fund money is used,this was private financing. She said Ygrene partners with member cities; in California they already have 26 cities and counties signed up. They provide private financing in collaboration and partnership with local government. She said Palm Desert would help set up the program, by setting up a Community Facilities District, but there is not a penny that went into the program. Councilmember Weber said the lender had no risk, because it's sitting on the tax roll as an assessment and eventually gets paid, unlike a private business, who takes a risk. Therefore, she believed government was very much involved in this. MS. CRAWFORD agreed, but only in helping set up the program. She said Councilmember Weberwas correct in that investors are willing to put money into this type of program, because property taxes are collected and the default rate is low. However, there is risk to the investors, in the sense that something could happen and they might not get paid. However, it was a low risk, because property taxes do have priority for payment. She pointed out they have a very robust underwriting standard; therefore, a property will not qualify for this program if it's at risk. She said utility bills are reduced, which is proven either in their energy or water use, and that savings is then used to pay back the cost of the financing. She said the property owner actually receives great benefits in that they increase the value of their property, lower their operating expenses via utility bills, and when they turn around and sell the property,they actually get a higher value for their property, because they have done the retrofits. Councilman Tanner noted he has taken part in the CVAG meetings and a few years ago participated in Palm Desert's program. He said from the standpoint of intervention, his payments went on his real estate taxes, but it was his choice, and the government didn't ask him to do it. He said the program was a streamline way to get the financing/improvements. He commended CVAG for making the program regional and making it available to many more people. He said the City of Palm Desert created its program for its residents, and now CVAG was taking a regional approach to reach out 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 to those who can't afford to do it through the private sector. He said he voted and used the program, and he now applauds CVAG's efforts. Mayor Pro Tem Benson stated Palm Desert's program has been more than successful, and she would like to see it continue forever. Therefore, she believed this was a great way to go forward. Mayor Harnik stated she also sat in at the meeting at CVAG where there were some spirited moments, but this whole issue was vetted out. It was important to note that Ygrene did not exclude other entities from lending money or competing in that market, it was just one other option that is provided for. She said private funds are being used and CVAG was doing some of the implementation. She said it was important to her that this program didn't exclude other people or private entities from lending money or being part of this process. MS. CRAWFORD agreed, stating this was just another tool in the tool kit. She said this program was not for every property owner, but it did create additional options. Councilmember Weber stated that based on what was just said, she questioned if other private banks could come in and make the same offer to lend money and have an assessment or property tax guarantee payment. In other words, if First National Bank decided to make a loan, they can be guaranteed payment, because it was on an assessment. MS. CRAWFORD shared that Ygrene partnered with local and regional banks; therefore, Ygrene provided opportunities for banks to participate in the program by providing the capital. She said they intend to do the same here, as they are doing that in Sacramento, Florida, and other markets. She went on to say the City was not limited by approving the Implementation Agreement, but with respect to local banks, there will be opportunities for local banks in Palm Desert and the Coachella Valley to participate in the Ygrene Program by providing capital and getting paid back. Councilman Spiegel said the program has been very successful for Palm Desert over the years, and he was certainly in favor. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2013 - 26, approving the form of and authorizing the execution and delivery of the Implementation Agreement, authorizing the Coachella Valley Association of Governments (CVAG) to implement, manage, and administer one or more Property-assessed Clean Energy Programs and directing and authorizing certain other actions in connection therewith. Motion was seconded by Tanner and carried by a 4-1 vote, with Weber voting NO. 18 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 F. CONSIDERATION OF REQUEST BY BURRTEC WASTE AND RECYCLING SERVICES FORAPPROVAL OF THE ANNUAL PRODUCER PRICE INDEX (PPI)AND COUNTY OF RIVERSIDE GATE/DISPOSAL FEE INCREASES, AND APPROVAL OF THE NEW COMMERCIAL RATE. Ms. Riddle requested this item to be pulled for staff to undertake Proposition 218, and once the details are worked out, staff will bring it back before the Council. Councilman Spiegel stated that last year there were enough funds in the Reserve from Burrtec to minimize the rate increase to residents. Ms. Riddle agreed, stating the funds were paid through AB939 (Recycle Funds). Further responding, she said the current Reserve Account has $4 million. But with respect to the fee itself, if the City offsets the increase to residents this year, the rate witl go from $1.87 to $1.06, leaving AB939 funds in the account to generate approximately$50,000, which is an option that will be presented to the CounciL Mayor Harnik noted that Proposition 218 allowed for public comment and discussion at that time. Ms. Riddle agreed, stating a notice will be sent to residents and businesses about the proposed rate increase. Councilman Spiegel moved to continue this item to a date uncertain. Motion was seconded by Tanner and carried by a 5-0 vote. G. REQUEST FOR EXTENSION OF CONTRACT FOR ONE YEAR WITH KNORR SYSTEMS, INC., FOR MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION AT THE PALM DESERT AQUATIC CENTER, FISCAL YEAR 2013-2014, IN THE AMOUNT OF $109,515 (CONTRACT NO. C30702). Senior Management Analyst Ryan Stendell pointed out this request was for a second extension on the contract, which was an option to the City before going out to bid next fiscal year: Councilman Spiegel asked if there were any local vendors when it was originally bid. Mr. Stendell stated that with the level of maintenance and chemical the pool required, the City didn't have any local vendors that were up to the task. 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 However, at this point, there might be, but staff won't know until it goes out to bid next year. Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject contract extension for one year with Knorr Systems, Inc., Santa Ana, California, for Mechanical Maintenance Services and Chemical Acquisition at the Palm Desert Aquatic Center in the amount of$109,515; 2)authorize the Mayorto execute said contract—funds are available in Account Nos. 242-4549-454-2111 and 242-4549-454-3311 in the proposed FY 2013- 2014 Operating Budget. Motion was seconded by Benson and carried by a 5-0 vote. H. REQUEST FOR EXTENSION OF CONTRACT FOR ONE YEAR IN THE AMOUNT OF $66,744 WITH MARIPOSA LANDSCAPE, INC., FOR LANDSCAPE MAINTENANCE AREA NO.6 AND INCLUDE REPAIR WORK AND SERVICES IN AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT (CONTRACT NO. C30781, PROJECT NO. 906-11). Mr. Greenwood stated Mariposa Landscape, Inc., has done a good job on this contract. The original contract was for finro years and allowed for two, one-year extensions. This is the first one-year extension and staff recommended approval. Responding to question, he said there was no increase to the contract over last year. Councilman Tanner moved to, by Minute Motion: 1) Approve the subject contract extension forone yearwith Mariposa Landscape, Inc., Irwindale, California, in the amount of $66,744; 2) include repair work and services at the specified contract amount, not to exceed 20%of contract amount($13,349); 3)authorize the Mayorto execute said contract —funds are available in General Fund Account Nos. 441-4195-495-3320 - Desert Willow R/M - Street, Parks, Medians, and in 441-4195-495-3321 - Desert Willow Repair Maintenance. Motion was seconded by Spiegel. Councilman Spiegel asked about the landscaping on Monterey Avenue, north of Country Club Drive. Mr. Greenwood explained that the project was moved down the road, but the design was 50% complete; however, the hurdle was working out the details of the agreement with the City of Rancho Mirage. Further responding, he agreed to inform Councilman Spiegel of the exact dates of when the work will commence. Mayor Harnik called for vote, and the motion carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)FUNDING RECOMMENDATIONS, FIVE-YEARCONSOLIDATED PLAN, AND ONE-YEAR ACTION PLAN (Continued from the meeting of May 9, 2013). Ms. Riddle stated this item was for approval of the CDBG Five-year Consolidated Plan running from 2013 to Fiscal Year 2017/2018, and the One-year Action Plan, which outlines what the City plans to fund and the types of activities it will undertake for Fiscal Year 2013/2014. The staff report addressed Councilman Spiegel's request to consider Palm Desert Middle School. However,the City couldn't fund them because,they do not meet the 51%or more low-income level. Secondly, CDBG only funds highereducation learning types of projects. Councilman Spiegel stated staff was referring to his request to research the cost of increasing the shade structure for the kids. Ms. Riddle pointed out the City had not received the actual allocation for the year, but whether it's an increase or decrease, funds will be evenly distributed across those organizations that have been funded,which was the process in place. In the last few years notification of the allocation has been better, but in the past, it was not uncommon for the City to know until September. She said the current process met U.S. Department of Housing and Urban Development(HUD)guidelines. For instance, if the City gets an increase, the money will be evenly distributed among the seven organizations being funded based on the formula of 65% for Capital Improvements and 15%for Public Service types of projects. Responding to whether she was comfortable with the current process, she said she was because that's what is recommended through HUD, and the City has to move forward with the Consolidated and Action Plan. She said it was better for the City to move forward than to postpone again, and if there is a need for reallocation, staff can return to the Council for a substantial amendment. Mayor Harnik declared the public hearing oqen and invited anyone who wished to come forward to speak on the matter to do so at this time. With no testimony offered, she declared the public hearing closed. Councilman Tanner moved to, by Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2013-2014 CDBG Funding Recommendations, as proposed; 2) approve FY 2013-2014 CDBG One-year Action Plan; 3) approve CDBG Five-year Consolidated Plan; 4) 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 authorize the City Manager to sign CDBG One-year Action Plan Certifications; 5) authorize staff to submit the CDBG Action Plan and Strategic Plan to the U. S. Department of Housing and Urban Development(HUD). Motion was seconded by Benson and carried by a 5-0 vote. B. CONSIDERATION OF AN APPEAL FOR CITY COUNCIL REVIEW OF THE ARCHITECTURAL REVIEW COMMISSION ACTION, DENYING A CARPORT WITHIN THE FRONT YARD MEASURED 20 FEET FROM BACK OF CURB LOCATED AT 43-120 TEXAS AVENUE, Case No. MISC 13-32 (David Narz, Applicant/Appellant). Assistant Planner Kevin Swartz stated the Applicant was proposing to convert the existing single carport into living space, which would trigger the requirement to add a carport. He displayed photographs of the property, showing the existing carport and proposed design. The Applicant's property line starts 12 feet from back of curb, which cannot meet the 20-foot required front yard setback. However,the Zoning Code allows carports in older areas to be measured 20 feet from back of curb and not from the property line. The design of such carports must be approved by the Architectural Review Commission (ARC). This item was heard and discussed at four ARC meetings. The Applicant received conceptual approval at the first meeting for design and setback location with the carport located above the existing fascia with exposed beams. Based on the conceptual approval, the Applicant had the carport structurally engineered, but when the construction drawings were submitted, the Commission required additional design changes. At the fourth ARC meeting, the Commission could not reach an agreement regarding the design and ultimately denied the project. Both staff and most of the ARC Commissioners believed the carport would be better designed with stucco underneath the carport to match the existing porch. He said staff believed the City would be doing a disservice to the Applicant by requiring the stucco and re-engineering the structural plans after having received conceptual approval. He said there are other carports within the neighborhood that are constructed above the existing fascia with similar exposed beams, which he had examples to show if the Council wished to view. The Applicant revised the plans to change out the existing posts with 6'x 6' posts with plans to conceal the hardware. He said the design was not optimal, but it represented a reasonable outcome to a problematic situation. Staff recommended approval of the carport design as presented today. Councilman Spiegel asked if this item went through the Planning Commission. Mr. Swartz answered no, stating it only went through the ARC. He explained this item only needed ARC approval, but since it was denied by them, the Applicant appealed it, which ultimately comes to City Council. 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 Councilmember Weber stated that based on the drawing being displayed, she asked if the carport will be by the window. Mr. Swartz said the bedroom window will have to be relocated to the side. Further responding to question about the carport, he didn't believe the carport would be a problem to the neighbor to the west, and the Applicant was proposing to leave the existing driveway. Mayor Harnik declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. Councilman Tanner asked the Applicant if he was planning on having two driveways off Texas Avenue. MR. DAVID NARZ,Applicant, answered yes, stating there is a house directly across the street with the same driveway. He explained that he was creating a third bedroom and thought it would be beneficial to park off the street. He pointed out they will be narrow 12-foot driveways instead of 20 feet. MR. FRANK TAYLOR, Palm Desert County Club (PDCC) resident, stated that since the annexation of PDCC into Palm Desert, the area has struggled to stay aesthetically consistent with the rest of the areas within the City, but applauded the work of the ARC in trying to maintain that consistency with regards to Building Codes and aesthetics. He understood what the Applicant was trying to accomplish and the process of appealing to the Council with regards to the denial, but he suggested that the new design be returned to the ARC so it can review the new idea for the other driveway, which he thought would be a better choice. Mayor Harnik stated she was now unclear and questioned if the proposed design was reviewed by the Architectural Review Commission. MR. NARZ said the proposed design was moved to be approved by Commissioner Ron Gregory and it had two votes to approve, but having the carport stucco had three votes to six. He noted that as an ALC Member at Indian Wells,they have five people on the committee and typically a 3-2 vote would prevail. However, there were nine Commissioners when this was voted on, and it was hard to get all of them to agree. As a reminder, he said this design had already been approved by the Architectural Review Commission at Palm Desert Country Club since January, but because of the setbacks, it had to go to the Planning Commission,which automatically puts it in motion for the City's Architectural Review Commission. He said Palm Desert's ARC was actually overruling Palm Desert County Club ARC decision. Therefore, he was trying to get on a page where he could get them both to agree, but not necessarily make changes that he would go back to PDCC-ARC and it's denied. 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 Mr. Swartz stated that in response to Mayor Harnik's question, this design, which shows the carport above the fascia was originally approved by the City's ARC. The only difference in the proposed design is that the Applicant was beefing up the columns with the 6' x 6' posts and concealing the hardware. Mayor Harnik recalled reading the Commission wanted the hardware concealed, and with this new design, the Applicant was complying with what was requested. Mr. Swartz explained the Applicant wasn't complying with everything, because some of the Commissioners wanted the carport to be of the same plain to match up with the existing patio and others wanted the exposed beams to be stuccoed underneath. With no further testimony offered, Mayor Harnik declared the public hearing closed. Councilman Spiegel moved to, by Minute Motion, approve staff's recommendation to allow a single carport within the front yard, measured 20 feet from back of curb, per Section 25.16.090(C) of the Palm Desert Municipal Code, subject to the carport being constructed per the plans considered for approval. Motion was seconded by Tanner and carried by a 5-0 vote. Mayor Harnik said she understood how hard people are working in that area to bring it up to another level and recognized there is pride of ownership, which was appreciated. Additionally, she hoped the Applicant's project makes them proud. C. REQUEST FORAPPROVAL OF HISTORIC DISTRICT DESIGNATION FOR SANDPIPER CONDOMINIUMS CIRCLES 11 & 12, LOCATED ON EL PASEO, AS A LOCAL HISTORIC DISTRICT, Case No. CRPC 13-01 (Palm Springs Preservation Foundation, Applicant). Mr. Grance stated the proposed Resolution is asking consideration of a Historic District Designation, SandpiperCondominiums Circles 11 & 12. On April 30, 2013, the Cultural Resources Preservation Committee at its regularly scheduled meeting conducted a public hearing and unanimously recommended nominating the subject Condominiums as historic district designation. He said Sandpiper was one of the first condominium projects to be built in the Coachella Valley. It continues to be visited by architectural students and mid-century enthusiasts to this day. The architectural historian Julius Shulman took several photographs of Sandpiper during its early development and has used it as an example of good urban planning in its lectures. It has had a direct impact on the design of several later projects built throughout Southern California. He said the architect and landscape architect was William Krisel, stating this project won a national award and 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 has been extensively published. The design incorporated post and beam construction, made with generous use of glass, decorative concrete blocks, varying roof heights, private and public patios, and modern appliances; the site planning was very important. The original contours were maintained with site lines for mountain and pool use, and the need for individual privacy was carefully included in the design process. The property is eligible for designation as a historic district in accordance with Section 29.50.010 of the Historic Designation Criteria: (A) It exemplifies or reflects specia/elements of cultural, social, economic, political, aesthetic, engineering, architectural, and natural history; (E)Reflects disfinctive examp/es of community planning or significant deve/opment patterns,including those associated with different eras of settlement and growth, agriculture, or transportation. He noted the staff report and resolution and offered to answer any questions. Councilman Spiegel asked if every homeowner in Circles 11 & 12 want this designation. Mr. Grance answered yes. Mayor Harnik declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. RON MARSHALL, Palm Springs, CA, stated he was a Board Member of the Palm Springs Preservation Foundation(PSPF),which has a Coachella Valley wide mission. With regard to Sandpiper, he thanked Director of Building & Safety Russell Grance for helping shepherd this nomination through the process; the Palm Desert Cultural Resources Preservation Committee for their enthusiastic support and encouragement during the application process; recognized Palm Springs Preservation Board Member and Architect, Jim Harlan who authored the fine nomination before the Council. Efforts such as this historic district nomination can't succeed unless there are strong grass roots and community support. Community partners in this nomination have been Sandpiper residents Bernard and Barbara Cain who have championed the effort by educating theirfellow residents about the positive benefits of historic preservation. Additionally, he thanked Sandpiper resident Jim West for sharing his wealth of documentary material regarding the Sandpiper condominiums. Finally, it seemed appropriate to recognize the genius of Architect William Krisel who will be thrilled that Palm Desert has seen fit to designate Sandpiper as historic, which was one of his most favorite projects in the Desert. With no furthertestimony offered, Mayor Harnik declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2013 - 28, reaffirming the action of the Cultural Resources Preservation Committee, designating the Sandpiper Condominiums Circles 11 & 12, located on EI Paseo, with Historic District Designation in accordance with Section 29.50.010 of the Palm Desert Municipal Code. Motion was seconded by Tanner. 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 Mayor Hamik stated she loved Sandpiper, because it's a wonderful community, and it played a nice role during Modernism Week. Mayor Harnik called for the vote, and the motion carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF LANDMARK DESIGNATION FOR THE PALM DESERT COMMUNITYCHURCH(CENTER FORSPIRITUAL LIVING PALM DESERT), LOCATED AT 45-630 PORTOLA AVENUE, AS A LOCAL HISTORIC LANDMARK, Case No. CRPC 13-02(CenterForSpiritual Living, Applicant). Mr. Grance stated the resolution is requesting consideration to approve landmark designation status to Palm Desert's first Community Church located at 45-630 Portola Avenue. On April 30, 2013, the Cultural Resources Preservation Committee at its regularly scheduled meeting conducted a public hearing and unanimously recommended nominating the Palm Desert Community Church with landmark designation. The building currently houses Center for Spiritual Living Palm Desert. The building is significant as Palm Desert's first Community Church. A ground-breaking ceremony was held at the Portola Avenue site on February 6, 1950. Architect Barry Frost's plans were approved by the congregation on March 12, 1950, with Clarence Beck of Indio, the builder. Carl Henderson became the chairman of the building committee, and the congregation set to work in earnest to provide a roof for the house that Mac would build. The building is eligible for designation as a City Landmark in accordance with Section 29.40.010 Landmark Designation Criteria:(A)Exemplifies orreflects specia/ elements of cultural, social, economic, political, aesthetic, engineering, architectural, or natural history; (E) Reflects distinctive examples of community planning or significant development patterns, inc/uding those associated with different eras of sett/ement and growth, agricu/ture, or transportation. He noted the staff report and resolution and offered to answer any questions. Mayor Harnik stated she read somewhere that the church had overgrown the building and there were thoughts to sell and move. Mayor Harnik declared the public hearing o�en and invited public testimony FAVORING or OPPOSING this matter. MR. DON GRAYBILL, Member of the Palm Desert Cultural Resources Preservation Committee, stated this was one of his pet projects where he researched the history of this church. He said this was a unique situation where City leaders were approached like Carl Henderson and some of the 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 fellows of Wonder Bread. He said Palm Desert was having difficulty selling lots on the 1,620 acres on the south side of Highway 111, and some of the people considering buying lots were requesting a community church before putting down their money. Therefore, Palm Desert leaders went over to Palm Springs to convince their community church pastor of more than 50 years, but not yet retired, to come to Palm Desert to start this church. This pastor and the will of the community raised the funds to have a church and a parsonage on that site. The pastor retired after 60 years and there is a small plaque in the new church up on Highway 74 giving this pastor recognition. The church was first named Shadow Mountain Community Church, then Palm Desert Community Church, and is now under the Presbyterian umbrella. Much later the church moved up Highway 74 and is there presently. Mayor Harnik asked staff if the building was going to be sold or if the church was planning on moving, because the concern is that historic designation can make a building difficult to sell. Mr. Grance said he didn't believe so. Councilman Spiegel stated he understood it may be the same question, but again asked if the church was planning on moving, and if so,would someone have trouble buying it with the landmark designation. Mr. Grance answered there are pros and cons on historic designation, but if anything, it will enhance the value of the property, and it applied just to the original builder. Mayor Harnik noticed a member of the audience wishing to speak and re-opened the public hearing. MS. LESLIE D. ROTH, Member of the Palm Desert Cultural Resources Preservation Committee, stated it was a misnomer that historic designation made a property less desirable. In fact, the designation made it more valuable. With no furthertestimony offered, Mayor Harnik declared the public hearing closed. Mayor Pro Tem Benson moved to waive further reading and adopt Resolution No. 2013 - 29, reaffirming the action of the Cultural Resources Preservation Committee, designating the Palm Desert Community Church (Center For Spiritual Living), located at 45-630 Portola Avenue,with Landmark Designation in accordance with Section 29.40.010 of the Palm Desert Municipal Code. Motion was seconded by Tanner and carried by a 5-0 vote. 27 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 E. REQUEST FOR APPROVAL OF THE PROPOSED SALE OFTHE PROPERTIES LOCATED AT 42075 HOVLEY GARDENS DRIVE (APN 624-430-006), 42190 GOLDEN EAGLE LANE (APN 624-431-011), AND 74572 KING FISHER CIRCLE (APN 624-440-012), PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c)(JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Management Analyst Jessica Gonzales stated this consideration was for the proposed sale of three properties located in the Falcon Crest Community, which are of the same floor plan. State law requires the consideration to be part of the public hearing, which was noticed for two consecutive weeks. The Purchase and Sale Agreements were made available for public review and no comments were received. Mayor/Chairman Harnik declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no publictestimonyoffered, she declared the public hearing closed. Councilman/Member Tanner moved to: 1) Waive further reading and adopt Resolution No. HA-54, approving the sale of the properties pursuant to the attached draft Purchase and Sale Agreement at the fair market value of$200,000 each; 2) City Council and Housing Authority Board, by Minute Motion, approve silent homebuyer assistance loans in amounts that do not exceed $80,000 in total for each homebuyer to ensure an affordable housing cost for a qualified low- or moderate-income household from any available funding source restricted for such purpose (BEGIN, Housing Mitigation, Agency/Housing Authority Program Income);3)authorize the payment of transaction costs from the sale proceeds for the purpose of repairs required for closing and fees customary to real estate transactions in Riverside County, including escrow, title, FHA fees, inspections, vermin eradication, commissions,and disclosures; 4)authorize the 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; 5) authorize the Mayor, Authority's Chairman, and/or Authority's Executive Director or his designee to finalize and execute the Purchase and Sale Agreements and any ancillary documents necessary to effectuate the sales and actions taken herewith. Motion was seconded by Spiegel and carried by a 5-0 vote. 28 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 XVI11. REPORTS AND REMARKS A. CITY MANAGER 1. City Mana�er Meetinq Summaries Forthe Period of April 29-May 10, 2013. Mayor Harnik noted that Mr. Wohlmuth had left the meeting at 4:00 p.m. in order to attend his son Weston's graduation from Palm Desert High School this evening. With City Council concurrence, the Summaries were received and filed. B. CITY ATTORNEY None C. CITY CLERK 1. Consideration of the 2013 Summer Regular City Council Meeting � Schedule (July and August Meetings). Ms. Klassen requested that City Council give consideration to the summer regular meeting schedule. She said that traditionally, the Palm Desert City Council has observed a slight break during the summer months, taking off the second meeting in July and the first meeting in August, then resuming the regular schedule thereafter, which was one option. However, she offered that in 2007 Council held the first meeting in July, skipped the second, held the first meeting in August, and skipped the second, and that was another option that could be considered. Councilman Spiegel felt a meeting could always be called if needed. Therefore, he preferred observing the traditional schedule of holding the first meeting in July (2"d Thursday) and the second meeting in August (4`h Thursday). Councilman Spiegel moved to, by Minute Motion,direct staff to plan on taking a City Council Regular Meeting Summer Break on the traditional schedule, holding the first meeting in July and the second meeting in August and cancelling the second meeting in July and the first meeting in August, with the understanding that if a meeting is required during this period of time that it be called. Motion was seconded by Weber and carried by 5-0 vote. 29 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2013 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: a) International Conference of Shopping Centers — Mayor Harnik stated that she and Economic Development Manager Ruth Ann Moore attended ICSC and got some good results. She reported that Palm Desert's getting a Guitar Center coming to Desert Crossing, Dick's Sporting Goods is coming to Westfield, and a few other things were on deck that would be reported at the appropriate time upcoming. 3. City Council Committee Reports: None 4. City Council Comments a) McCallum Theatre — Councilmember Weber reported that at the suggestion of Mayor Pro Tem Benson, she'd benefitted from participating at a recent perFormance of Peter And The Wolf at the McCallum. She said it was delightful, and the Theatre was packed with area students who were totally engrossed in the performance. She added that it was a terrific educational experience. b) Carter Elementary School Program—Councilmember Weber said she also got to see Carter Elementary's Musical at the Indian Wells Theater. She related that all the grades performed show tunes from various Broadway Musicals. The room was packed, and the enthusiasm was palpable. 30 I PRELIMINARY MINUTES DRAFT REGULAR PALM DfSERT CITY COUNCIL MEETING MAY 23, 2013 Mayor Harnik said she'd also attended Carter Elementary's performance, agreeing that it was wonderful. 5. Suq„aested Items for Future City Council Meetina A eq ndas: None XIX. ADJOURNMENT Upon a motion by Spiegel, second by Benson, and 5-0 vote of the City Council, Mayor Harnik adjourned the meeting at 5:40 p.m. JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 31