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Minutes Regular Palm Desert City Council Meeting March 14, 2013

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Minutes Regular Palm Desert City Council Meeting March 14, 2013 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 14, 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. II. 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 David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff’s Dept. Mary P. LaCross, Administrative Secretary Upon inquiry by Mayor Harnik, Ms. Klassen affirmed that all of the agendas for today’s City Council, Successor Agency, and Housing Authority Meetings had been posted in accordance with the Ralph M. Brown Act. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 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: 74555 Falcon Lane (APN 624-430-009), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Martingale Investments, LLC Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1) Pasternack v. Fagel, Bighorn, and City of Palm Desert, Riverside County Superior Court, Case No. INC 1206949 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 D. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Harnik adjourned the meeting to Closed Session at 3:02 p.m. She reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Taylor Schmidman, Palm Desert Youth Committee Member VII. INVOCATION - Mayor Jan C. Harnik 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 VIII. ORAL COMMUNICATIONS - B MS. PHYLLIS HARKINS, Missouri Drive, Palm Desert, came forward today on behalf of the Alzheimer’s Association. She extended her personal thanks, as well as those of Southland Directors Susan Galeis (sp?) and Walk Manager Brian Welsh, for Palm Desert’s fabulous Civic Center Park that they were allowed to use again this year for their 14th Annual Walk, adding that it was her 14th Annual Walk too. Their goal was $117,000, they were already at $125,000, and anticipated receiving even more funds. She credited a lot of the success of their Walk to the Civic Center Park that the City takes care of for the public, which was greatly appreciated. She also personally thanked Mayor Harnik for leading off their Walk this year and hoped to see her again next year. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE AARON BONNER FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS LIBRARY PROMOTION COMMITTEE, 2011 - 2012. Mr. Bonner was unable to be present at today’s meeting for the recognition. His engraved crystal clock will be sent to him separately. B. PRESENTATION TO RECOGNIZE JOSEF B. JONATHAN FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS RENT REVIEW COMMISSION, 2009 - 2012. Mr. Jonathan was unable to be present at today’s meeting for the recognition. His engraved crystal clock will be sent to him separately. C. PRESENTATION OF PROCLAMATION, DECLARING THURSDAY, MARCH 14, 2013, AS “JOE AND ANN DELUCA DAY” IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Harnik presented the proclamation to Mr. DeLuca and congratulated him and his wife for their 66 years in business (20 of them on El Paseo), 68 years of marriage, and celebration of his 91st and her 90th birthdays recently. D. PRESENTATION OF PROCLAMATION, DECLARING APRIL 2013 AS “HUNGER ACTION MONTH” IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Harnik presented the proclamation to FIND Chief Executive Officer and President Lisa Houston and Board Member Deborah McGarrey. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 Ms. Houston expressed sincere gratitude for the proclamation and support of their mission. She was pleased to report that all nine Coachella Valley cities had agreed to sign a proclamation, along with the County of Riverside. She said they were very excited about their upcoming telethon on April 5, and they were also getting ready for their big open house on March 27, where all the proclamations will be on display for community members to appreciate and to join hands in the fight against hunger. E. PRESENTATION BY TAYLOR SCHMIDMAN TO PROVIDE AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES. Ms. Schmidman reported that their upcoming event was a Blood Drive this Saturday, March 16, from 9:00 a.m. - 1:00 p.m., being held here at City Hall. She said all of the donations will be going to Community Blood Bank and will help many people in need of a blood transfusion. There are still some open spaces for donations on Saturday; anyone interested may contact City Staff Liaison Amy Lawrence for an appointment, and she left fliers about the event in the Council Chamber. Following the Blood Drive, the next event would be held on Saturday, April 27, when the Youth Committee would be hosting a Youth and Senior Technology Day at the Fountains at Carlotta, helping seniors there learn how to use their devices – sending e-mails, text messages, and using the different applications. She went on to say their last event of the year would be a Car Wash Fundraiser, with all proceeds going to Shelter From the Storm to help it place victims of domestic violence in safe and comforting homes. Mayor Harnik commented that there is a critical shortage of blood in the Coachella Valley currently, and she encouraged anyone who was able to donate do so as a great way to serve their fellow community members. She thanked Ms. Schmidman for the update. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 28, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 163, 168, 172, 173, 175, 176, and 177. Rec: Approve as presented. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 C. CLAIM AGAINST THE CITY (#716-SUPPLEMENTAL) by Laura Roberts in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of January 2013 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Piero’s Pizzavino, 73722 El Paseo, Suites 1 & 2, Palm Desert. Rec: Receive and file. Received and filed. 4-0-1 (Harnik ABSTAINING) F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of January 16, 2013. 2. Audit, Investment & Finance Committee Meeting of January 22, 2013. 3. Library Promotion Committee Meeting of March 21, 2012. 4. Marketing Committee Meeting of February 19, 2013. 5. Parks & Recreation Commission Meeting of January 15, 2013. 6. Youth Committee Meeting of February 4, 2013. Rec: Receive and file. G. REQUEST FOR APPROVAL of Awarding the Annual Color Plants Bid for Fall 2013 and Spring 2014 to Armstrong Growers in the Amount of $14,067.85 (Project No. 930-13). Rec: By Minute Motion, award the Annual Color Plants Bid for Fall 2013 and Spring 2014 to Armstrong Growers, Bermuda Dunes, California, in the amount of $14,067.85 – funds are available in General Fund Account Nos. 110-4614-453-3370 - Repair/Maintenance Median and 110-4610-453-3320 - R/M Landscape Services. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 H. REQUEST FOR AUTHORIZATION to Remove Existing Sports Lighting at Oleson Baseball Field in an Amount Not to Exceed $16,000. Rec: By Minute Motion, authorize removal of sports lighting at Oleson Baseball Field in an amount not to exceed $16,000 – funds are available in Park Fund Account No. 430-4618-454-4001. I. CONSIDERATION of Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for Three Private Events at the Palm Springs Art Museum-Palm Desert (The Galen) Located at 72567 Highway 111. Rec: By Minute Motion, approve an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for three (3) private events (as indicated in the accompanying staff report’s attached Temporary Use Permit copy) at the Palm Springs Art Museum-Palm Desert (The Galen) located at 72567 Highway 111. Mayor Harnik stated for the record that she would be abstaining on the vote for Consent Calendar Item E. On 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, with Mayor Harnik ABSTAINING on Item E.
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