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HomeMy WebLinkAboutPrelim - CC - 09-11-2014 DRAFT � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 11, 2014 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Tanner convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson arrived at 3:03 p.m. Councilmember Jan C. Harnik Councilman Robert A. Spiegel Mayor Pro Tem Susan Marie Weber Mayor Van G. Tanner Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rudy P. Acosta, Assistant City Manager 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 Stephen Y. Aryan, Risk Manager Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) MS. SUSIE DEL TORO, Avenue 48, Indio, CA, addressed the City Council with a request that it consider approving her "Freedom Flags For Families" project and presented each Councilmember with a portfolio of information on it. She explained that she recently started this project to create banner flags recognizing veterans after realizing that no cities in the desert had anything of this sort for their veterans; whereas, she did see them when passing through the communities of Hemet, Temecula, and Ontario. Therefore, she took up the idea and has already received PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 approval and support from the City of Desert Hot Springs, which unveiled their first flag on Memorial Day this year. Cathedral City has also approved with two flags flying on Highway 111 there; City of Coachella has approved and will be unveiling some flags on Veterans Day, as has City of Indio,which will be unveiling flags soon. She is working with Sign-A-Rama so families can afford the flags at a reasonable price of$70. All they have to do is take a picture and the information that they want to appear on the flag to the cities that have been approved, and then they can be flown. She offered that some cities are putting them on light poles year-round, except fortaking them down at the holidays, then reinstalling afterward. She added that her project was open to all veterans —active-duty, those who formerly served, as well as the deceased. The flags are 70 inches tall by 26 inches wide. This was her first approach to the City of Palm Desert, and she hoped for a favorable response. She noted that she was a strong advocate for veterans, being a member of both the American Legion and V.F.W., and called attention to information in her packet that announced both the "Freedom Flags For Families" project and the Veterans Pancake Breakfast, in its third year with support of City of Coachella, at Veterans Park on Saturday, November 8. She introduced her two sons with her today, Albert being currently active-duty military, and Fabian, adding that her late husband was a Vietnam Veteran. Her sons displayed one of the banners for Council to see. Mayor Tanner expressed sincere thanks to Ms. Del Toro for her efforts to recognize all veterans and thanked her son Albert for his service. In response to question about if the City's support would entail putting up/taking down the flags, Ms. Del Toro agreed. She went on to say that the other cities that have approved and been supportive of it are not charging any fees to any of the families or to the project. She noted that Palm Springs is the only city that is charging, but they are still working with them on this issue; the other cities that have approved the project are supporting it by installing the flags at no charge. In further response, she said where approved,the flags are installed on street lights wherever the city desires them to be — iYs totally up to the city. Her goal was to see each Coachella Valley City have at least one flag by Veterans Day. She went on to respond that she has the specifications on installation height and would provide the information to whomever the City designates to coordinate with her. She thanked City Council for considering her request, noting that she has four more cities to contact, followed by contacting Banning, Beaumont, and Blythe. Councilmember Harnik commended Ms. Del Toro for her efforts, noting that her own father and brother were veterans. She said although a sensitive question, she wondered how the project ensured that it was limited to honorably discharged veterans. MS. DEL TORO answered that the application has to include a copy of the veteran's Department of Defense DD214 Form to verify that information, and she said that they're being particularly careful,given the scandals that have occurred. She added 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 that they'll work with the City Manager to make sure, if approved, Palm Desert's requirements are met. Councilman Spiegel noted that both he and Councilmember Benson were veterans and theirs could be two of the first flags to be displayed in the City. MS. DEL TORO agreed and thanked both for their service. She believed that once a couple of the banners were approved, a special event could be organized to invite the media and announce the project, then put up the banners for all to see. IV. ADJOURN TO CLOSED SESSION Re�uest for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 627-101-002, -017, -033, -038, -039 Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 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 Tanner adjourned the meeting to Closed Session at 3:10 p.m. He 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 - Councilman Robert A. Spiegel VII. INVOCATION - Mayor Van G. Tanner 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 VIII. ORAL COMMUNICATIONS - B MR. KEN ELDRED, Palm Desert, said he was a very proud resident of Palm Desert, but a few months back he was disturbed by an article in The Desert Sun, describing the City of Bell's troubles and malfeasance, and that the new City Council there sued the old City Attorney over its role in the situation, Best, Best & Krieger, which settled the matter for$1.5 million. It was not an admission of liability or wrongdoing. However, it was problematic in the court of public opinion, for them and for us, because Palm Desert's City Attorney is also Best, Best & Krieger, same as Bell used to have—with the same supervisors, same corporate culture, same mind-set, and probably the same pool of attomeys — and the City of Bell lost its way. He noted that he has history with Best, Best & Krieger, and Bell-like behavior of the current member of Palm Desert's legal staff. He said it was a long time ago and affected only 14 households, but time requires that he'd likely have to return to recount the story. Therefore, he didn't want Best, Best 8� Krieger as his City Attorney because of it. More importantly, he felt, was the community's belief in Palm Desert using Bell's old City Attorney. When he shared his experience with 12 other constituents, he noted the look in their eyes when they made the connection; better yet, he felt the people of Bell should be asked. The people who really don't want to continue using Best, Best & Krieger should be the City Council now that it and the public know the facts surrounding the aforementioned settlement, and he urged finding an alternative before clear-thinking citizens question what iYs up to and what's being hidden because of whom it chooses to associate with. He said, with all due respect, that he loves Palm Desert, and he would be happy to return with more information surrounding his accusation,either publiclyorone-on-one. He quickly acknowledged that it wasn't that he didn't like lawyers, because he did and provided several references to this end. MS. NIKOHL VANDEL, Palm Springs and Desert Hot Springs, CA, felt the Council should take heed to the last speaker's advice. She said we all share this community together, which is why she could attend Palm Desert's Council Meeting. Yet when she did, she was greeted by four officers in riot gear, and that's not very nice. She went on to say that she was present today because we are all under a global police- state stand-down that they've been calling for about six months, especially in light of events that occurred recently in Ferguson, Missouri. She believed Palm Desert was probably at the greatest risk of the same thing happening, given how the City Council previously responded to the "Occupation of Coachella Valley" when it first started; the City Attorney was no help, while she offered to help. She related that the problem in Ferguson really was that the City Council had no leadership; they listened to their police and were hiding behind them in fear of the people out there. She was one of the people out there, and if Council's afraid of them and needs police outfitted like they are to feel protected, then they're making some bad decisions and aren't integrated into their community well enough to not need them. Palm Desert is a small town and needs to get back to respect levels portrayed in the former television show centered in Mayberry, North Carolina, not its weapons, but 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 its people and be committed to solving the real problems that give rise to what happened in Ferguson—racism that permeates our society, poverty that causes the disparity that causes the unrest. She felt there was no reason everyone couldn't live in peace without our police needing to wear riot gear at a City Council Meeting. She said global police-state stand-down is a call for authentic authority in our govemments on every level to assume authority over our policing. She noted Palm Desert has Sheriff Sniff and "his boys," and she urged the City to control the Sheriff when he deals with the citizens. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATlON DECLARING THE WEEK OF SEPTEMBER 17- 23, 2014, AS "CONSTITUTION WEEK" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Tanner presented the proclamation and read it aloud, noting that since there was not a representative to accept at today's meeting, it would be forwarded to the local chapter of fhe Daughters of the American Revolution. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 28, 2014. Rec: Approve as presented. B. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Thai Smile EI Paseo, 73725 EI Paseo, Suite 22 A, B, C, Palm Desert. Rec: Receive and file. C. PARKS & RECREATION COMMISSION MINUTES for the Meeting of June 3, 2014. Rec: Receive and file. D. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) Between Community Connect (formerly Volunteer Center of Riverside County) and the City of Palm Desert to Participate in the 2-1-1 Riverside County Program (Contract No. C33900). Rec: By Minute Motion, authorize: 1) Mayor to execute the subject MOU between 211 Community Connect and the City of Palm Desert to participate in the 2-1-1 Riverside County Information and Referral Program; 2)expenditure of funds in an amount not to exceed $7,500 for this purpose from Account No. 110-4132-411-3090. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 E. RE UEST �OR ACCEPTANCE OF WORK for Contract No. C33580 — Desert Willow Golf Resort Driving Range Renovation (Panorama Corp., Alta Loma, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. F. DESERT WILLOW GOLF RESORT Annual Report for Fiscal Year 2013-2014. Rec: Receive and file. G. PALM DESERT AQUATIC CENTER Annual Report for Fiscal Year 2013-2014. Rec: Receive and file. Upon a motion by Spiegel, second by Harnik, and 5-0 vote of the City Council (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None), the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2014 - 77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC RIGHT-OF-WAY, KNOWN AS SUN LODGE LANE, UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND GRANTING AN EASEMENT TO COACHELLA VALLEY WATER DISTRICT FOR PIPELINE PURPOSES (City of Palm Desert, Applicant). Mr. Greenwood stated this excess right-of-way is located in a parking lot on the southwest corner of San Pablo and Highway 111. It has no utility whatsoever to the public and staff recommended it be vacated. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2014-77. Motion was seconded by Harnik and carried by a 5-0 vote(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 6 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 B. RESOLUTION NO. 2014 - 78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING EXISTING DEFINED CONTRIBUTION 457 PLAN WITH I.C.M.A. RETIREMENT CORPORATION TRUST AGREEMENT. Mr. Gibson stated that approval of the Resolution will allow employees contributions to be deducted from their paychecks into a 457 Account, allowing them to borrow from their personal account. The Plan is between the International City/County Management Association Retirement Corporation (ICMA-RC)and the individual employee. He noted the City was not part of this Plan, it was just allowing it as an option to employees. In the past, employees have requested this option, which is why staff is asking the Council for its approval. Councilman Spiegel asked if there was a limit on the amount that could be borrowed. Mr. Gibson explained an individual could borrow up to half of what is in the individual's account. Councilmember Harnik noted there are 55 employees with a total of $7,145,000 in this account, stating she felt the Council should allow employees to borrow from themselves, because it was their money. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2014- 78._Motion was seconded by Harnik and carried by a 5-0 vote(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XIII. ORDINANCES A. For Introduction: None B. For Adoption: None 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR THE 2014 CITYWIDE STRIPING PR�GRAM TO STATEWIDE STRIPES, INC., IN THE AMOUNT OF $268,971 (CONTRACT NO. C33780, PROJECT NO. 564-14). Mr. Greenwood stated this was the routine Citywide Traffic Striping Program and noted there are no local contractors that are capable or equipped to do this work; the low bidder is from San Diego. Councilman Spiegel moved to, by Minute Motion: 1) Appropriate $95,868.10 from Unobligated Gas Tax Fund Reserve to Account No. 211-4315-433-3320;2)award subject contract for the 2014 Citywide Striping Program to Statewide Stripes, Inc., San Diego, California, in the amount of $268,971; 3) authorize Director of Finance to set aside an additional 10% contingency for the project in the total amount of$26,879.10; 4) authorize the Mayor to execute the subject Agreement — funding is available for this project in Measure"A,"Account No.213-4315-433-3320 and in Unobligated Gas Tax Fund Reserve. Motion was seconded by Harnik and carried by a 5-0 vote(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). B. CONSIDERATION OF A REQUEST BY THE BERMUDA DUNES LEARNING CENTER IN PALM DESERT FOR$19,000 FROM THE CITY'S CHILD CARE FACILITIES IMPACT MITIGATION FEE FUND TO PURCHASE A REPLACEMENT SHADE STRUCTURE FOR THEIR FACILITY AT 45900 PORTOLA AVENUE (HOPE LUTHERAN CHURCH) (Samantha Clark/Bermuda Dunes Learning Center in Palm Desert, Applicant). Councilmember Harnik recused herself from this item and left the Council Chamber. Ms. Aylaian stated at the last City Council meeting, during the portion of the agenda set aside for Oral Communications, there was a verbal request for a $19,000 contribution toward the purchase of a shade structure to be used at the Hope Lutheran Church for an existing day care center. Staff recommended against awarding the funds forthe reasons enumerated in the staff report, chief among them, is that funds would not actually produce new child care spaces. She explained the money came from a fund that developers and contractors pay into for every project that they do with the expectation that monies will be used to produce additional child care spaces within the City. Although, technically it is legally permissible to use the money for some incidental expenses,the main purpose is to create new child care spaces. She noted this same day care facility at Hope Lutheran Church already received $75,000 from the City 18 months ago, and those funds actually produced 60 new child care spaces. Staff believes those are the types of projects that should be funded from this account. She said staff will 8 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 continue to seek out other opportunities for investing money from this fund into projects that will produce additional child care spaces. MS. GAYLE CLARK, Palm Desert, CA, stated she was assisting in the opening of a family child care out of someone's house, which can be licensed in different ways. If the person has experience, a license can be obtained as a large family child care for 14 children. The home is on Fairway Drive directly across the street from the Bermuda Dunes Learning Center (BDLC). She said the BDLC received City funding, and the building was renovated, it got licensed for 60 children, and it is full. She said the Child Care Facility Impact Mitigation Account has more than $1.4 million, which is supposed to help and aid new additional child care slots. The family day care will be providing 14 new additional slots. When they picked up the application, the Planning Department mentioned to herthat there were Child Care Mitigation funds available, and she could apply for something that may be needed. In the meantime, the church across the street knocked down a building that provided shade, which is where the kids gathered for snacks and so forth. She said the Art House and the BDLC are collaborating together as these 14 children will be walked over from Washington Charter Elementary School to the playground, have their snack, and benefit from the shade shelter. She applauded the City of Palm Desert for having Mitigation fees to help support new child care spaces, which she believed was the only City in the County with this fee structure. Two years ago, with the City support from the Mitigation fund along and their own, they were able to renovate the BDLC and obtain re-licensing to serve 60 children. The Art House is the name of the new family child care that is trying to open and serve 14 new children. The location is on Fairway Drive; it is a residential street directly across from the BDLC. The Art House has no outside play area at the home, which is why they are collaborating with the BDLC. The 14 children will stop each day after school at the BDLC, where the children will play in that large playground and have snacks, hopefully under a shade structure. She asked the City to assist with its Mitigation funds, because it was benefitting new child care slots. She said Hope Lutheran Church has already begun construction with their expansion, and they have removed the building that had the large-covered porch where all the children would sit under to have their snack, especially during this time of year when temperatures are high and the sun is strong. Unfortunately,this shaded area is now gone, and she couldn't emphasize enough how awful it was for the kids without a shaded area. Two years ago they were not aware the church was expanding or that they would lose the shade. She reiterated there was $1.4 million available designated to build a center, but she didn't believe that if the City helped with the shade structure, the purpose of the funds would be hindered. She said the purchase of a new shade structure legally met the requirement of the Child Care Mitigation funds, because it will help serve new child care slots. The BDLC plans to purchase commercial picnic tables to go under the shade structure. The Art House and the BDLC will greatly 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 appreciate the City's assistance. There are currently 60 children at the BDLC, and with the 14 children from the Art House, the shade structure would benefit a total of 74 children. MS.ALY FOSTER OLSON, Cathedral City, CA, stated she currently worked at the Bermuda Dunes Learning Center, and she is also helping the Art House across the street. Since the church tore down the shade structure, the BDLC children are having their snack on a basketball court underneath two trees, but those trees will also be taken out. Therefore, they will be left with nothing, no place for children to have their snacks or do arts and craft outside. She said they want to collaborate with the Art House, because they have no outside play area. Therefore, the shade structure will help 74 kids total, and if the City has $1.4 million, this was such a small amount being requested. If the purchase of a shade structure is approved, it would be unbelievably appreciated,stating she could bring in parents who could vouch for the dire need. She asked the Council to reconsider, because the BDLC is collaborating with the Art House for an additional 14 new slots. She noted she was speaking on behalf of Samantha Clark, because Samantha was working at the Art House. Councilmember Benson stated there were two different issues here, because the Art House didn't ask for a shade structure for it's 14 new child care slots. She said the BDLC is trying to combine with another child care center, yet the City has been more than generous with them over the years, and to try to combine the two together was not quite kosher in her mind. She said if the Art House wished to come back as a new facility requesting a shade structure for their own yard and own children, it is something different. MS. CLARK replied Samantha Clark did come to City Hall representing the Art House finro weeks ago, and she did ask for the assistance. She said the Council needed to understand the Bermuda Dunes Learning Center is very appreciative, because they were able to open up to serve 60 children. However, they do have a wait list, so they opened up 14 additional slots. She said legally they qualified for these Mitigation funds, reiterating there is more than $1.4 million sitting, which needed to get out the door to help children. She said they have opened up a new site and they are collaborating with the Department of Social Services and Licensing, which know about these 14 children using the facility, and they have received the okay to do so. Additionafly, they have approval from Licensing to cross the children over to the Art House. She agreed the shade structure will benefit the 60 children at the BDLC, but it will also benefit the 14 new slots. Mayor Tanner stated his comments may sound a little tough; however, $19,000 could be divided by the 74 participants, understanding some families may have multiple children there, but that came out to about $270 each that could be paid over the period of time they are enrolled. He said he 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 understood the shade structure would benefit not only the 74 children, but it would also benefit the church. Unfortunately, it appears the church's expansion didn't include replacement of the shade structure, and there is no evidence it was in support of one; therefore, it would be difficult for him to approve the request of$19,000. As mentioned by Councilmember Benson, if the request was for$3,000 to $4,000 for the purchase of a shade cover or exercise/gymnasium equipment for the Art House, that would be a much different thing, but to ask for a shade structure on the church's property was difficult for him to grasp. He asked if anyone had inquired at the church on whether or not there were plans to replace the structure. He said he understood it was hot weather right now, but the cooler months were approaching, and perhaps by the time construction is complete, a shade structure can be obtained before the heat hits again. MS. CLARK said she didn't believe the church had any plans to put a shade structure; however, she plans to ask for their assistance as well. She pointed out the location of the shade structure would be in the back of the eastern part of the playground, which wasn't used by church members. The other half of that play area, which they hoped to cover,will be used for picnic tables for the children to use. However, she couldn't say no one from the church would ever watk back to use the area, but it wasn't near the congregation. Mayor Tanner asked if it was part of the church's property. MS. CLARK answered yes. She said even if the City could help with a portion of the cost, they could ask the church to help with the remaining, but they wanted to start with the City first. Mayor Tanner suggesting making a request at the church, which was probably their best bet, because both the BDLC and the church would benefit. He said it was difficult for the Council to take funds out of the Child Care Mitigation Account, which could actually build a facility to take care of several children in need, and it wouldn't be fair to put those funds into the church. Councilman Spiege!moved to, by Minute Motion: 1)Deny a request by the Bermuda Dunes Learning Center in Palm Desert for$19,000 to purchase a new shade structure for their business in the Hope Lutheran Church; 2) direct staff to continue looking for opportunities to use monies from the Child Care Facilities Impact Mitigation Fee Fund to increase the number of child care facility spaces available in Palm Desert. Motion was seconded by Benson and carried by a 4-0 vote (AYES: Benson, Spiegel, Weber, and Tanner; NOES: None; ABSENT: Harnik). 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 C. CONSIDERATION OF REQUEST FOR FUNDING OF THE 2015 MODERNISM WEEK, FEBRUARY 12 - 22. Tourism & Marketing Manager ponna Gomez stated this was a request to sponsor Modernism Week in 2015 in the amount of $5,000. She said Modernism Week is celebrating their 10-year anniversary in February of 2015, stating this event has experienced tremendous growth over the last several years with now more than 45,000 participants. She said the annual event is providing a substantial economic impact to the Coachella Valley as last yea�'s event provided at least$17 million in economic impact. She said the event continues to expand by reaching out to other communities throughout the Valley. She said Palm Desert participated in 2012, and this year several of its properties, including Marrakesh and Sandpiper Country Clubs will be participating, and College of the Desert will be providing a tour of their facilities. She said the Palm Springs Art Museum-Palm Desert will be hosting both a reception and a lecture as part of Modernism Week. As a City, it budgeted$2,500 in this fiscal year's budget; however,the Marketing Committee endorsed the request for$5,000. She noted Executive Director Lisa Vossler Smith was present to answer any questions. Councilman Spiegel moved to, by Minute Motion: 1)Approve a$5,000 sponsorship for Modernism Week 2015 in support of related activities to occur in Palm Desert; 2) appropriate an additional $2,500 from Unobligated General Fund to Account No. 110-4416-414-3062 for said sponsorship. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). D. REQUEST FOR ADOPTION OF RESOLUTIONS, AUTHORIZING THE FISCAL YEAR 2013-2014 BUDGET AMENDMENT TO PROVIDE TRANSFER, APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED FUNDS FROM THE GENERAL FUND, EQUIPMENT REPLACEMENT FUND, RETIREE HEALTH FUND, HOUSING ASSET FUND,AIR QUALITY FUND, PALM DESERT RECREATIONAL FACILITIES FUND,AND THE BUILDING MAINTENANCE FUND AS OF JUNE 30, 2014 (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Mr. Gibson stated he was happy to report that for Fiscal Year 2013-2014, Revenues came out to $50 million and Expenditures were $44 million. Therefore, staff requested a transfer of$4 million out from the General Fund to various funds, including Equipment Replacement Fund, Building Maintenance, and Retiree Health Fund to further those funds in covering future expenditures. He explained that on the Revenues side, Transient Occupancy Tax (T.O.T) was up by $950,000 over what was originally budgeted, noting that half of those funds was due to short-term rentals, which the City is collecting even further. He said this year Palm Desert had a lot of homes for rent during the month of April due to Coachella Fest 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 (Coachella Valley Music and Arts Festival). Additionally, there was a lot of building activity where subdivision Plan Checks were up by $950,000. Councilman/Member Spiegel moved to waive further reading and adopt the following Resolutions, amending the FY 2013-2014 Budget as a result of Year-end Adjustments: 1) City Council Resolution No. 2014 - 79; 2) Housing Authority Resolution No. HA - 67. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED NO LESS THAN 72 HOURS PRIOR TO THE MEETING. A. CONSIDERATION OF GUIDELINES FOR IMPLEMENTATION OF THE COOPERATIVE LANDSCAPE WATER MANAGEMENT PROGRAM("TURF BUYBACK PROGRAM") IN CONJUNCTION WITH THE COACHELLA VALLEY WATER DISTRICT (CVWD). Mr. Greenwood stated this year's budget included a Turf Buyback Water Conservation Program,which the City rolled out August 1 in conjunction with Coachella Valley Water District, and it was a huge success as expected. At this point, the monies are fully subscribed if all of the proponents follow through on their plans. However, in creating these programs, it's important to create clear criteria on how the money is going to be used. One of the criteria that staff used in the first program, which was four or five years ago, as well as on this program, is that the project is located on any front yard on a public street. The reason for it, the City would enjoy the benefit of water conservation, but also the water not running onto the public street. He said water on the street is the number one cause of deterioration of the asphalt; therefore, the City would get double bank for its buck if the program focuses on public streets. Staff knew it wouldn't run out of subscribers if the criteria were for projects on public streets, and that requirement was included in the program that Council approved. He understands there is a possible desire by the Council to possibly expand the program beyond public streets, but all the money that was budgeted has been subscribed. Therefore, additional funds would have to be appropriated if the Council wished to spread the program beyond public streets. MayorTanner said he understood all the money has been subscribed forthe residential part of the program, because CVWD informed him there were a 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 couple of applicants for the commercial side, and the majority of the money was still in the City's coffers to use. Mr. Greenwood said that was incorrect, stating the City had 20 applications, and there is only room to fund 10 of them for commercial. Councilman Spiegel asked who decided which application was approved. Mr. Greenwood replied staff decided based on the ones where the City received the most bank forthe buck and/orwhich project may be the easiest. Mayor Tanner asked if that applied to commercial and/or exterior of homeowners associations. Mr. Greenwood clarified staff approved projects on a first come, first served basis, stating staff tracked when applications are received, and both sides of the program are fully subscribed. Mayor Tanner asked staff to clarify the recommendation. Mr. Greenwood said if Council wished to expand the program to private streets or locations behind the gates in country clubs, more funds would need to be appropriated because the money allocated for this year has been subscribed. Mayor Tanner said in an email he received its been recommended that in order to open up the criteria to homes inside homeowners associations, an additional $25,000 to $50,000 would need to be appropriated. He said the need was basically due to the severity of the California drought. Mr. Greenwood noted that Director of Finance Paul Gibson reported budgets were doing fine; therefore, there was room to appropriate up to $50,000. However, this decision was at the pleasure of the Council and how far it wished to go with the program. Councilmember Harnik pointed out the additional funds would come out of the Unobligated General Fund. Councilmember Benson stated that if the Council expanded the program, she was opposed to expanding it to the interiorof homeowners associations. However, if it is expanded, it needs to be expanded to the general public where it will do more good for the City. She asked how many applications for residential have been submitted that the City couldn't fill. Mr. Greenwood replied the City had about 5 to 10 applications on the waiting list, and 50 applications are subscribed, and on the homeowners 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 associations side, the common areas outside the gates, there are 20 applications, but the City can only fund ten. Mayor Tanner stated he must have been misinformed by CVWD, because he was told that the majority of the money for the commercial was still available. He said CVWD still had room for 50 residential applications, stating that a home can receive up to $1,000 for a residential project. Mr. Greenwood explained the confusion with the HOA portion of the City's program might be that when the Mayor received the information from CVWD, there was a group of applications waiting to be processed, but they have now been processed. Councilmember Benson reiterated she would move to approve an increase for the general public, but not expand the program to include homeowners' association. Mr. Wohlmuth stated if the Council wanted an option of homes within a gated community to be retrofitted,taking turf out and putting drought tolerant in, the criteria for the program would need to be modified from what was previously approved. Secondly, if the Council wished to appropriate $25,000 or $50,000 for new applications,those applications can be treated as previously approved on a first come, first serve basis, whether it was for a gated community or not. Mayor Tanner said the program would include a commercial piece of property; however, there are five applications on the waiting list for residential. Mr. Wohlmuth pointed out the residential maximum is $1,000, and the commercial/HOA maximum is $5,000. Therefore, ten commercial/HOA applications would equal $50,000, and 50 residential applications would equal $50,000. Mayor Tanner stated if the Council approved an additional $50,000 that would cover the ten commercial people that have applied, but there would be no funds for additional residential. Mr. Wohlmuth explained it was probably premature to assume that every commercial application is a $5,000 award, stating it was $1 a square foot. Mr. Greenwood said the projects that have been approved have gone beyond the $5,000 maximum award. The projects have cost $20,000 to $30,000; therefore, applicants have qualified for the full $5,000, and it was the same for the residential. Further responding, he confirmed applications already in the Que will most likely use the maximum amount awarded. 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 Mr. Wohlmuth suggested appropriating $25,000 for additional commercial/HOA applications and $25,000 for residential, which would take care of the waiting list on the residential side; however, the criteria would have to be modified. Councilman Spiegel suggested continuing this item to the next meeting and assigning two Councilmembers to work with staff on a recommendation. Mayor Pro Tem Weber and Mayor Tanner volunteered to be on the subcommittee. Councilman Spiegel moved to continue this item to the meeting of September 25, 2014, with Mayor Pro Tem Weber and Mayor Tanner appointed as the subcommittee to work with City staff on the recommendation to be made. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NDES: None). XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of August 18-29, 2014. Mr. Wohlmuth noted the printed report provided with the agenda packets and offered to answer questions. He said with regard to the question about when the flags on EI Paseo will be taken down, they were scheduled and will be taken down tomorrow. Further responding, he said the flags will be reinstalled for the observance of Veterans Day in November. With City Council concurrence, the Meeting Summaries were received and filed. B. CITY ATTORNEY None 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 C. CITY CLERK Ms. Kiassen recognized the City's assigned Desert Sun Reporter Blake Herzog for her past several years, as she would be leaving her position here and moving to Arizona. She said staff wished to thank her for her good service and fairness, and that her willingness to work with the City in reporting its news was greatly appreciated. Everyone wished Blake well in all her future endeavors. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department Lt. Sullivan wanted to rectify the public comments made earlier in today's meeting. He was not only dismayed but insulted by them and also insulted on behalf of his colleagues in the Police/Sheriff's Department. He noted that he'd been a member of the community for 30 years, and Palm Desert's Pofice Department was not an outside occupying force of jack-booted thugs. He went on to say he'd raised his family here, along with a grandchild, and was proud to be a 30- year resident. He added that one of the Sergeants here this evening has also been in the community for some 20 years and just welcomed a new baby. Further, he didn't think anyone could question the integrity of Sheriff Stan Sniff, his commitment to the Coachella Valley, or his stance on public safety. He noted that Sheriff Sniff grew up in the Coachella Valley, and his father served for many years on the La Quinta City Council—family service runs deep in the Sniff Family. He was proud to work for him and will continue to be as long as he continues to be elected. Councilmembers noted that they respected Lt. Sullivan, his people, and everything they've accomplished here. They appreciated all the men and women of the Sheriff's Department and offered sincere gratitude for their service. E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: a) Coachella Valley Water District Grants for Restaurateurs — Councilmember Harnik said she'd already spoken with Mr. Wohlmuth about an opportunity for Palm Desert Restaurateurs to apply for grant 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 funding from CVWD to help educate them on water conservation in their establishments. She said not only was such a program important now, but would be in the future, helping them to save money and helping us all to save water. 2. City Council Consideration of Travel Requests and Reports: a) League of California Cities Annual Conference - Sept. 3-5 — Councilmember Hamik and Mayor Pro Tem Weber noted they'd attended the Conference last week and found it very worthwhile. She said some other City staff members attended, and there was a meeting of all participants this moming to share information gathered in order to disseminate it amongst the rest of City staff and make the most of the opportunities presented at the Conference. b) Mobility 21 Conference — Mayor Tanner said he had the opportunity to attend the Mobility 21 Transportation Conference at Disneyland last week as well. Discussion at the Conference centered around transportation facilities available currently and what would be necessary in the future. He was amazed at the technology being used around the State, not only in the Los Angeles area, but throughout all Southern California. One of the goals presented was complete signal synchronization within our lifetime. Further, he said the CV Link project was discussed and received high marks in transportation circles. He said the project will probably be carried out in stages, with the first stage being initiated as early as 2015-2016. Additionally, there was discussion about new vehicles being studied and the future for same; with the unoccupied operable vehicle currently being limited to access in certain areas only. But he said it was a great advancement in technology. He commented that there were great keynote speakers and panel discussions, and he found it very informative, adding that Councilmember Harnik may have found it even more beneficial, given that she's the City's representative to the Riverside County Transportation Commission. 3. City Council Committee Reports: a) Coachella Valley Economic Partnershi�— Councilmember Harnik reported that there are a lot of good things happening at CVEP. She said they applied for and were granted an Irvine Foundation Grant in the amount of$200,000; $105,000 to be used by CVEP, and $65,000 will be given to each of the local school districts. 18 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2014 4. City Council Comments: a) Councilman Spiegel noted he would be absent for the September 25 Council Meeting, as his grandson is getting married in Austin,Texas,and he will be traveling there to celebrate the occasion. His colleagues congratulated him on this momentous occasion. 5. Suagested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Spiegel, second by Weber, and 5-0 vote of the City Council (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None), Mayor Tanner adjourned the meeting at 5:04 p.m. VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 19