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HomeMy WebLinkAbout2019-12-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 12, 2019 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:02 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilman Sabby Jonathan Councilmember Kathleen Kelly Mayor Pro Tem Gina Nestande Mayor Susan Marie Weber Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney Andy Firestine, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Tom Garcia, Director of Public Works Stephen Y. Aryan, Risk Manager Ty Davis, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 128 Acres North of Frank Sinatra Drive/South of Gerald Ford Drive/West of Portola Avenue (APNs 694-300-001, -002, -005, -014, -015; 694-310-002, -003, -006) Agency Negotiator: Lauri Aylaian/Andy Firestine/Ryan Stendell/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Other Party Negotiator: Mission Valley Properties Development California, LLC Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 2) Property: SEC Fred Waring Drive/San Pablo Avenue (APNs 627-101-002, -017, -033, -061, -062), Palm Desert Agency Negotiator: Lauri Aylaian/Martin Alvarez/Wayne Olson/ City of Palm Desert Other Party Negotiator: Chandi Group USA Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 3) Property: Joe Mann Park, Palm Desert (APN 637-062-010) Agency Negotiator: Lauri Aylaian/Ryan Stendell/City of Palm Desert Other Party Negotiator: PD Holdings Inc. Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 4) Property: Palm Desert Country Club (APN 637-020-011) Agency Negotiator: Lauri Aylaian/Ryan Stendell/City of Palm Desert Other Party Negotiator: PD Holdings Inc. Property Owner: PD Holdings Inc. Under Negotiation: x Price x Terms of Payment 5) Property: Lease Property - 43900 San Pablo Avenue (APN 622-250-016), Palm Desert Agency Negotiator: Lauri Aylaian/Tom Garcia/Ryan Stendell/ Jennifer Nelson/City of Palm Desert Other Party Negotiator: Kevin Kalman/Desert Recreation District Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) Lorraine Salas and Karina Quintanilla v. City of Palm Desert, Riverside County Superior Court, Case No. PSC 1903800 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 3 With City Council concurrence, Mayor Weber adjourned the meeting to Closed Session of the City Council and Successor Agency at 3:03 p.m. She reconvened the meeting at 4:23 p.m. in memory of former Mayor/Councilmember Jean Benson, who served on the City's first City Council when the City was incorporated in 1973, adding she served as mayor six times. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves reported on Item A-2 under closed session, involving the property on the south east corner of Fred Waring Drive and San Pablo Avenue. The City Council voted unanimously to extend the Exclusive Negotiating Agreement (ENA) with the Chandi Group for an additional six months. The second one is Item B under closed session, which involves the California Voters Rights Act litigation (Lorraine Salas and Karina Quintanilla v. City of Palm Desert) where the City Council voted unanimously to enter into a settlement. There will be additional information on the parameters of the settlement at an Open House at 6:00 p.m. on Wednesday, January 15, 2020, at the Palm Desert Community Center. Also, in the back of the room now, Public Information Officer David Hermann had copies of the settlement agreement and fact sheets about this matter. People wanting this information can obtain it from Mr. Hermann at this time. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jan C. Harnik VII. INVOCATION/INSPIRATION - Councilmember Kathleen Kelly 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 VIII. AWARDS AND PRESENTATIONS A. PRESENTATION TO RECOGNIZE LYNN BIXEN FOR HER CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS PARKS AND RECREATION COMMISSION, 2013 - 2019. On behalf of the City Council, Mayor Weber presented an engraved crystal clock to Ms. Bixen in appreciation for her years of service to the Parks and Recreation Commission. Ms. Bixen stated she's been very happy to be part of this community and sorry she won't be able to continue on serving on the Commission. She added she's proud of the enhancements made to the City's parks and trail systems for everybody to enjoy, and happy to have been a part of it. B. PRESENTATION OF PROCLAMATION, RECOGNIZING STAYNER ARCHITECTS FOR RESTORATION OF THE MILES C. BATES HOUSE — ALSO KNOWN AS THE "WAVE HOUSE" — IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Weber presented the proclamation to Mr. Gilbert A. Stayner who was representing Stayner Architects. She said this was a fantastic project, and for those who haven't seen the restoration, you will be in for a real treat. Mr. Stayner thanked the City Council and staff who have all been wonderful and they've tried to respond likewise. Mayor Weber said the Cultural Resources Preservation Committee was very appreciative of the presentation provided 18 months ago, reminding them that the Miles C. Bates house was declared a historic site. She thanked Management Specialist Cora Gaugush who took the lead in this endeavor. Mr. John Going, an associate with Stayner Architects and co -lead with Christian Stayner for the restoration of the project, stated it was a pleasure to work on this project. He said the City of Palm Desert and staffs have been so gracious and kind in making this challenging process as easy as possible. Mr. Stayner stated he's worked in the Valley since 1998 as a builder, and it's been a wonderful opportunity to be involved in a project that included working with the City. He said Christian Stayner, John Going, and Kevin O'Donnell made this happen, so anyone who sees the house, is looking at their construction abilities. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 C. PRESENTATION OF PROCLAMATION, RECOGNIZING THE HISTORICAL SOCIETY OF PALM DESERT FOR ITS VALUABLE CONTRIBUTIONS IN FURTHERANCE OF PRESERVING THE MILES C. BATES - "WAVE HOUSE" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Weber presented the proclamation to Mr. Rob Pitchford, President of the Historical Society of Palm Desert Mr. Pitchford thanked the City Council and stated it's been a fun project. He recalled going into the house before the renovation when it was just a mess, and today it looks incredible. He said Mr. Volker M. Welter was the true inspiration for getting the "Wave House" restored, because his book is about Walter S. White, the unique architect of Palm Desert, and he deserves a lot of the credit for celebrating Mr. White's work. D. RECAP FROM THE DESERT CANCER FOUNDATION'S "PAINT EL PASEO PINK" HELD SATURDAY, OCTOBER 12, 2019. Ms. Sarah Bryant, Executive Director of Desert Cancer Foundation, noted President of the Foundation Frank Harrison and FG Creative Owner Stephanie Green was in the audience. She came to provide a recap of the Foundation and the "Paint El Paseo Pink" event, adding the City was a sponsor, and the Foundation is grateful for it. She provided a two -minute slide show, stating their mission is "No resident goes without cancer care." She said the Foundation helps pay for care for local residents who need financial assistance. They pay for things like insurance premiums, co -pays, deductibles, prescriptions, chemotherapy, radiation, screening, etc., for individuals who are uninsured or under -insured and cannot afford the cost of their care. The Foundation has been around since 1994, and it was founded by Dr. Sebastian George and Arthur and Cory Tiechner, stating their legacy to the Coachella Valley is remarkable, and there is no other organization doing what the Foundation does. Their 13`h Annual "Paint El Paseo Pink," is one of the ways that the organization raises funds, and for the last several years the City has allowed them to close the street El Paseo, which made a tremendous difference in the growth of the event. They had about 2,500 attendees, more than 60 volunteers, over 50 merchants and their employees, and others who came to support the event. The event netted $60,000 for the organization, which is 30% more over last year. The funds raised will make an impact to the local community and the mission of the Foundation moving forward. From the period of January 1 to November 30, 2019, local impacts to the community are as follows: They served more than 170 local Valley residents with ongoing and month -to -month care for several years. They have provided more than 3,265 cancer care services (chemotherapy, radiation, dental, etc.), and 13% of the people they serviced have been Palm Desert residents. The cost of the care would have been more than $5.3 million, but if not for the Cancer Foundation 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 partnerships with the local community, they were fortunate to only pay $331,772. Their relationships with the Eisenhower Medical Center, Lucy Curci Cancer Center, Desert Regional Comprehensive Cancer Center, and many other professionals, is why the Foundation's work is not easily replicable in other areas. She thanked the City Council for their support and partnership in continuing to give people hope, which she expects will continue in 2020. Responding to question, she said for every dollar raised the return is $10 or more in cancer care. E. INFORMATIONAL QUARTERLY REPORT OF ACTIVITIES FROM THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION BY CITY OF PALM DESERT'S APPOINTED REPRESENTATIVE MR. ROLF HOEHN. Mayor Weber noted the written report that was distributed to the City Council and is of record with the City Clerk. With City Council concurrence, the Quarterly Report was received and filed. F. REORGANIZATION OF THE CITY COUNCIL. 1) SELECTION OF MAYOR AND MAYOR PRO-TEMPORE. a) Comments by Outgoing Mayor and Mayor Pro-Tempore. Mayor Weber said her outgoing remarks consist of saying thank you to the Palm Desert Committee and Commissions and the City's nonprofits, because they are comprised of community members, and to the public who attend meetings to get informed and provide input, which she felt is the reason Palm Desert is the best City in the Valley. Secondly, she thanked City staff for helping her stay sure-footed. She's grateful to staff who cower City first and is not shy about speaking out, which she valued alot. Thirdly, she thanked her fellow Councilmembers as she has learned so much from each and she appreciates them. Everywhere she goes to speak, she says Palm Desert is the best city in the Valley, and some people might take offense, but she truly believed it in her heart, and she credits staff, community members, and elected Councilmembers. Lastly, she expressed her heartfelt appreciation for the opportunity to have been the Mayor this past year. Mayor Pro Tem Gina Nestande thanked Mayor Susan Marie Weber for taking her under her wing and meeting with her on a regular basis and sharing her wisdom on various subjects, 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 which she appreciated. She said Mayor Weber did a great job this past year as Mayor, so she knew she had big shoes to fill. On behalf of the entirety of staff, Ms. Klassen thanked the Mayor and Mayor Pro Tem for their service, including all Councilmembers, stating she looked forward to the coming year. She went on to declare the Offices of Mayor and Mayor Pro Tem to be vacant for the coming year and invited nomination. Councilmember Harnik moved to appoint Kathleen Kelly as Mayor Pro Tem for the coming year, and Gina Nestande as Mayor, and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). b) Comments by Newly Selected Mayor and Mayor Pro-Tempore. Mayor Gina Nestande said it was bittersweet to being sworn in today as Mayor when tomorrow many will be celebrating the life of former Mayor Jean Benson and her 40 plus years of service to the Palm Desert community. Jean Benson's services will be held tomorrow at Sacred Heart Church at 3:00 p.m. She added that Jean Benson, Robert Spiegel along with Kathleen Kelly's father, Dick Kelly, and former County Board of Supervisor Roy Wilson, had the vision to make the City of Palm Desert one of the best cities in the United States, if not the world. She said Palm Desert is one of the best places to call home, and this Council reaps the benefits of those who served previously that had the vision of what Palm Desert is today. Her goal as Mayor of Palm Desert is to build upon the greatness of the past. And for the future, promote economic development such as DSRT Surf, CV Link, hotel and retail development along El Paseo, the San Pablo Improvement Project, and working with staff and fellow Councilmembers to bring affordable housing to Palm Desert. She said her door is open to fellow residents, business owners, and anyone in the Coachella Valley that wishes to meet with her to discuss their concerns or issues by calling City Hall and making an appointment through her secretary. Mayor Pro Tem Kathleen Kelly thanked former Mayor Susan Marie Weber for the past year, because she has been a consummate professional, always researching well before appearing at any occasion, and always willing to be present at any community event, and she always felt pleased and proud to be part of her team. She thanked Ms. Weber for her service 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 and expressed her pleasure and eager anticipation to work with Mayor Nestande on all the things she listed as her goals. Please Note: A recess was called at 4:57 p.m., and the meeting was resumed at 5:10 p.m. by Mayor Gina Nestande. IX. ORAL COMMUNICATIONS - B MR. CHUCK PARKER, Palm Desert, noted that ten months ago he was before the City Council to discuss the Salton Sea and proposing a resolution to import water as part of the long-term solution. He was pleased to report that eight of the nine cities in the Valley have passed that resolution, and the City of Coachella is now considering it. He came to ask this City Council and the Coachella Valley to write letters of support for the recent declarations of emergency at the water quality at the Salton Sea. The pollution is making people sick, and the County has determined they don't have the resources to tackle the problem. He hopes that the emergency declarations, if endorsed by the Governor, will help streamline the cumbersome permitting process that has delayed any progress of the State's 10-year plan. He hopes the emergency declarations will allow them to begin the work that will actually protect the people who live there from the air and water pollution. The Salton Sea Authority will be voting on this at their next meeting on Thursday, December 19, 2019, at 10:00 a.m. at the Coachella Valley Water District Office located in Palm Desert. He invited the City Council to attend that meeting to express their views. Since time is short, he's asking individual members of the City Council to write letters of support until it can be considered by the Council as a whole. He provided each Councilmember a sample letter and envelope with the appropriate addresses to send the letters. Most important, at the back of the packet there's a three -page letter that the County sent to the Governor, which shows how they thought this out in great detail. He said they are calling for personnel and equipment to conduct an epidemiological study in the communities and the schools near the sea, including a soil analysis to see what toxins are in the playa as it dries, and a toxic air analysis. He noted the last two pages are the emergency declarations themselves. MR. WALLY MELENDEZ approached the City Council to address the ladder of real estate ownership, and this message is geared toward young people starting out and those who are not very successful financially. As a veteran himself, he can use his VA Loan to purchase a home, but he hasn't used his certificate yet. However, those that want to purchase a $300,000 home, very few can come up with the 20% down payment of $60,000. Today many are renting and paying $1,000 or more with the intention of doing it for one to three years, but not for 10, 20, or 30 years. It seems the trend is that you rent and move up to a condo and then maybe a duplex with a small yard, and then the third purchase is a house. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 MR. ROBERT MUELLER, Rancho Mirage, CA, said Palm Desert was one of the first cities to pass a resolution in support of seawater import for the Salton Sea, as mentioned by his colleague Mr. Chuck Parker. Since then, virtually all of the cities in the Coachella Valley have similarly passed resolutions. In addition the Torres -Martinez Tribe, College of the Desert Trustees, and the City of Calexico are all onboard with this idea for seawater import. On October 22, 2019, Imperial County issued an emergency declaration on air pollution, and on November 4, 2019, another emergency declaration on pollution in the new river. A letter was sent to Governor Gavin Newsom requesting the State endorses the emergency declarations. Imperial County is calling for an epidemiological health study, a massive soil analysis, and toxic air data analysis. It's also demanding drilling of wells for water in order to plant trees near affected communities for dust control. These emergency declarations have the benefit of making available funding that can cut through all of the bureaucratic red tape, so this issue was worthy of the City Council's attention. The Salton Sea Commission, who he represents, believes that supporting these declarations will help expedite immediate steps to protect the public from pollution and begin work on the long-term solutions to actually preserve the sea. The current ten-year plan establishes a few ponds, but ultimately the Salton Sea is going to be evaporated to about 50% of its current size. It will be turned into a toxic dump and ultimately be covered by crushed rock, which is where things are headed at this point. The Commission is proposing seawater import to actually help keep the Salton Sea viable. The Salton Sea Authority is meeting on December 19, and under normal circumstances they would ask the City to pass a resolution in support of the Imperial County resolutions, but due to time constraints, they supplied the City Council with sample letters to be sent to the Salton Sea Authority, or even better, attend the meeting. MISS VIVIEN WHITE, Indio, CA, said she was seeking volunteers from the City Council for the upcoming Annual Desert Gem Speech & Debate Competition. She said they have hosted this event for the past two years and they are honored to do it. She made an invitation to Councilmembers to serve as a Speech Community Judge, requiring a three-hour time commitment that includes an orientation. The event is on Friday, January 24, through Saturday, January 25, 2020. Lastly, she thanked those who volunteered last year. MR. BRAD ANDERSON, Rancho Mirage, CA, with regards to the Coachella Valley Mosquito and Vector Control (CVMVC), he wanted to talk about the district office located in Indio, and Mr. Doug Walker, a CVMVC District Trustee and the City of Palm Desert's representative on the Board. He said Mr. Walker has been the longest appointee on that board since 2007, which he believed was an extremely long time. He brings it up because about ten years ago the CVMVC went through a grand jury investigation, and he feared they are headed that way again. Most may agree that last year was the worst mosquito population and disease in the Valley, and next year may be worse with the abundance of the Egypt Eye Mosquito, which has been allowed to establish itself in the desert. He's calling this to Council's attention, because the District has an abatement warrant (Stagnant water inspection 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 and abatement warrant release, waiver, and indemnity agreement), and Palm Desert signed onto it in 2014, stating he's not sure if Council was aware of it. He said this agreement gives the District authority to go onto private property and abate. He added the City of Rancho Mirage signed that into effect last year, and he looked into one property under public records and learned they were fined $1,600, so he's concerned this is a revenue driver for the District. He thinks he will now have to address this matter with the court, because the District has a lot of issues, and he's the only one that ever goes to those meetings. He added that the meets are getting hostile and he's almost not being allowed to speak without the city attorney being present, yet it's a public meeting forum. MR. JACK ALOTTO, Rancho Mirage, CA, representing 150 Circles of Giving, introduced himself, stating he wasn't sure if the City Council was familiar with their organization. He said there are hundreds of circles of giving throughout the United States and they now have 100 in the Coachella Valley. The 150 Circle of Giving is a membership organization where individuals make a minimum gift of $150 annually to benefit Coachella Valley organizations working to create a better community for all. They eventually nominate a nonprofit and award the entire amount of the money that was collected to a selected nonprofit. The Circle of Giving was established by a very generous gift of $50,000, and they now have over $60,000 because two additional people stepped forward and donated funds. They have 34 members and yesterday they announced they received a $15,000 matching gift. Therefore, every member that comes forward over the next two months, their gift will be matched up to $50,000. He said 100% of the members' gifts will go to the nonprofit. Their organization is a 501(c)(3), and they expect that by February 15, they will have over $100,000. X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Councilmember Jan C. Harnik Committee Reports and General Comments. 1. Behind A Miracle (BAM) Event - reported the event was packed and noted former Mayor Susan Marie Weber did an outstanding job welcoming everyone. She said funds raised will go to a 501(c)(3) organization for cancer care. 2. Reboot My Commute - Riverside County Transportation Commission (RCTC) - announced that RCTC concluded their survey where many went online to share their traffic frustrations in the Valley and beyond. Based on input received, they came up with a traffic relief plan, which will be released to the public. She urged people to provide input on the proposed plan before it's formalized. Additionally, RCTC received a Traffic Innovation Award for conducting this survey. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 3. Southern California Association of Governments (SCAG) - is working on its Connect SoCaI Plan - the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy. There are a dozen upcoming workshops where you can provide input. She said this Plan will have a huge impact on housing. 4. SCAG Economic Summit - the summit was outstanding with great speakers on the Housing and Transportation panels. She noted she was on the Housing panel, stating valuable information was provided. 5. Coachella Valley Economic Partnership Annual Summit - attended this summit, which also provided great information. The information she got was that she needed to pay attention to the 20-something and 30-something generation on their ideas and vision for the future. B. Councilman Sabbv Jonathan Committee Reports and General Comments. 1. Coachella Valley Association of Governments (CVAG) - reported that the significant action taken by the Executive Committee, and that was to approve the extension of the contract with Path of Life Ministries for their services with regards to homelessness in the Coachella Valley. The subcommittee, of which he took part, attended numerous meetings, went through nine applications, and made recommendations to the Homelessness Committee and the Executive Committee for approval of the contract. Following that meeting, the City of Coachella Mayor Steven Hernandez urged all the cities to make an effort to provide additional emergency and crisis stabilization housing for the homeless, because that is the biggest impediment to the continuing and growing success that we're experiencing. Therefore, he has reached out to staff, and they are looking at this issue and will get back to the Council when they have a solution. He thanked Management Analyst Chris Gerry who is working on this. C. Mayor Pro Tem Kathleen Kelly Committee Reports and General Comments. None D Mayor Gina Nestande Committee Reports and General Comments. None E. Councilmember Susan Marie Weber Meeting Summaries Report for the Period of November 2-29, 2019. With City Council concurrence, the Meeting Summaries Report was received and filed. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 1 Coffee with the Mayor - thanked Councilman Sabby Jonathan for starting the Coffee with the Mayor in 2018. She played on that again in 2019 with a different approach by going out to homeowner associations and assisted care living facilities, and it was phenomenal how well it was received. People are excited when City staff actually comes out to meet them one-on-one, and the questions they asked were wonderful to hear, because the City is able to respond and build on them. She thanked staff for their participation, specifically, Public Information Officer David Hermann. She said it takes a great amount of coordination to set up these meetings with the assisted living facilities or HOAs, and getting City staff to attend them. Again, thank you to Mr. Hermann for organizing them all. F City Council Reauests for Action. 1. Solution for the crosswalk on Haystack - Councilman Sabby Jonathan said he received concerns about the disappearance of the crosswalk on Haystack adjacent to Highway 74. He said the City did an amazing job of re -landscaping the north side of Haystack, and in that effort, we lost a crosswalk. It was suggested by staff to make a request for action as a first step toward a solution, hopefully appearing in the proposed budget at a later time. Staff agreed to include it as a white paper for next year's budget. 2. A status update on the Desert Arc Proiect - Councilmember Harnik requested an update on the Desert Arc Housing Project. Ms. Aylaian said staff can provide an update at the next City Council meeting. G. City Council Consideration of Travel Requests/Reports. None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 XI. STAFF REPORTS AND REMARKS A. City Manager 1. City Manager's Meeting Summaries Report for the Period of November 4-29, 2019. With City Council concurrence, the City Manager's Meeting Summaries Report was received and filed. 2. Personnel Update: Announced a bid farewell to Executive Assistant Donna Evans, Facilities Manager Carlos Hernandez, and Building Inspector Danny Crawford, as they will be retiring from the City at the end of the month. Congratulations to Mariana Rios who was hired as a Management Specialist I in the Public Works Department. Mariana grew up in the Coachella Valley, worked at Coachella Valley Water District for six years, has achieved a BA in business administration, and is currently working on her master's degree. A heartfelt welcome was extended to Mariana. B. City Attorney None C. City Clerk None D. Public Safety 1. Fire Department None 2. Police Department None 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 XII. CONSENT CALENDAR PALM DESERT CITY COUNCIL A. MINUTES of the Regular City Council Meeting of November 14, 2019. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 10/10/2019, 10/31/2019, 11 /1 /2019, 11/8/2019, 11/13/2019, and 11/19/2019. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 11/15/2019 and 11 /22/2019 (Joint Consideration with the Palm Desert Housing Authority - see Item S below). Rec: Approve as presented. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for September and October 2019 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency - see Item Q below). Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Cooks Minute Shoppe 42150 Cook Street, Suite A, Palm Desert. Rec: Receive and file. F LETTER OF RESIGNATION from Arthur Katz - Housing Commission. Rec: Receive with very sincere regret. G. LETTER OF RESIGNATION from Ken Dorf - Rent Review Commission. Rec: Receive with very sincere regret. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Finance Committee Meeting of September 24, 2019. 2. Library Promotion Committee Meeting of May 15, 2019. 3. Parks and Recreation Commission Meeting of September 3, 2019. Rec: Receive and file. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 1. RESOLUTION NO. 2019 - 84 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Paper Records That Have Been Digitally Imaged from the Department of Community Development/Planning, to Rely on the Electronic Record as the Official Record — Records Dated 2006 - 2015. Rec: Waive further reading and adopt. J. RESOLUTION NO. 2019 - 85 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Records from the Department of Finance, As Indicated on the Records Retention Schedule (Adopted September 12, 2019) — Records from AGUI081309 through ZINZ041604 (Exhibit A). Rec: Waive further reading and adopt. K. RESOLUTION NO. 2019 - 86 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Records from the Department of Public Works, As Indicated on the Records Retention Schedule (Adopted September 12, 2019) — Records Dated 1977 - 2015 (Exhibit A). Rec: Waive further reading and adopt. L. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C37061 with FG Creative for Marketing Services to the El Paseo Parking and Business Improvement District (EPBID). Removed for separate consideration under Section XIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. M. REQUEST FOR APPROVAL of the 2020 LiveWell Festival - Saturday, January 4 (Seth Cash/MyCityEveryday, Applicant). Rec: By Minute Motion, approve/authorize: 1) Palm Desert LiveWell Festival scheduled for Saturday, January 4, 2020; 2) temporary waiver of Palm Desert Municipal Code (PDMC) Section 11.01.140 - Amplified Sound; 3) temporary waiver of PDMC Section 11.01.080(0) - Placement of Advertising Signage in Parks; 4) temporary waiver of PDMC Section 11.01.080(Q) - Prohibited Conduct Generally in City Parks - Vendor Sales. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 N. REQUEST FOR APPROVAL of the El Paseo Cruise Night Event on Sunday, March 8, 2020 (Jerry Martin/EI Paseo Cruise Night, Applicant). Rec: By Minute Motion, approve: 1) El Paseo Cruise Night event in front of The Gardens On El Paseo scheduled for Sunday, March 8, 2020; 2) road closure on El Paseo from San Pablo Avenue to Larkspur Lane. SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY O. MINUTES of the November 14, 2019, Regular Meeting of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency. Rec: Approve as presented. P. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY - Warrants Dated 11/1/2019, 11/8/2019, and 11/15/2019. Rec: Approve as presented. Q. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for September and October 2019 (Joint Consideration with the Palm Desert City Council - see Item D above). Rec: Receive and file. PALM DESERT HOUSING AUTHORITY R. MINUTES of the Housing Authority Meeting of November 14, 2019. Rec: Approve as presented. S. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 11/15/2019 and 11 /22/2019 (Joint Consideration with the Palm Desert City Council - see Item C above). Rec: Approve as presented. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 T REQUEST FOR AWARD OF CONTRACT to Service First, LLC, for Pool and Water Feature Maintenance and Repair Services at Housing Authority Properties in a Total Annual Amount Not to Exceed $165,000 (Contract No. HA39040). Rec: By Minute Motion, authorize: 1) Waiver of any and all irregularities and the award of subject contract to Service First, LLC, Santa Ana, California, for Pool and Water Feature Maintenance and Repair Services at Authority Properties in a total annual amount not to exceed $165,000 (includes annual cost in the estimated amount of $134,520 and up to $30,480 for additional services to be requested as needed); 2) RPM Company, the Authority's contracted Management Company, to enter into a contract with Service First, LLC, for Pool and Water Feature Maintenance and Repair Services to facilitate the contracted services; 3) RPM to assign additional services and repairs as determined to be necessary due to emergency actions and/or to proactively respond to issues or repair services at Authority Properties, including expenditures up to $30,480 for such additional services; 4) Executive Director or the Director of Community Development to take any necessary actions to facilitate the contract and services — monies are available in the Authority's Operating Budget, in the appropriate Authority Accounts for each property. Councilman Jonathan requested Item L be removed for separate consideration. Upon motion by Kelly, second by Weber, and 5-0 vote of the City Council, the remainder of Consent Calendar was approved as presented (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). XIII. CONSENT ITEMS HELD OVER L. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C37061 with FG Creative for Marketing Services to the El Paseo Parking and Business Improvement District (EPBID). Tourism & Marketing Manager Thomas Soule noted the staff report outlining what is fairly routine for the El Paseo Board every year with regard to their budget. At the beginning of the fiscal year they budget an amount they estimate will match the revenues that are going to come in, and at mid -year budget, they look at the cash on hand and take a vote on whether to use a portion of the money toward marketing efforts. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 Councilman Jonathan said he wasn't opposed to the recommendation, but he had a couple of questions. He asked what is the source of revenue for the district. Mr. Soule replied that the revenues come from the fees that members of the district pay each year, and it's based on the amount they pay for their business license and category of business. Members are determined by their location and if they are within the boundaries of the district, and the board which represent all the members has made the proposed recommendation. Councilman Jonathan moved to, by Minute Motion, authorize: 1) Amendment No. 1 in the amount of $55,000 to subject EPBID Marketing Contract with FG Creative, Palm Desert, California; 2) City Manager and/or Mayor to execute any documents required to effectuate said action on behalf of the City; 3) appropriation of $40,000 of unobligated EPBID monies to Account No. 2714491-4321500 for same. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). XIV. RESOLUTIONS A. RESOLUTION NO. 2019 - 87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 2018-92 AND SETTING THE SCHEDULE FOR REGULAR MEETINGS OF THE PALM DESERT CITY COUNCIL IN CALENDAR 2020. Councilmember Harnik moved to waive further reading and adopt Resolution No. 2019 - 87. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). Councilman Jonathan thanked Ms. Klassen for working on a schedule that takes into account events Council doesn't want to conflict with for the coming year. B. RESOLUTION NO. 2019 - 88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE RIVERSIDE COUNTY FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE ANNUAL INSPECTION OF CERTAIN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE. Councilmember Harnik moved to waive further reading and adopt Resolution No. 2019 - 88. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 XV. ORDINANCES A. For Introduction: None B. For Adoption: None XVI. NEW BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT FOR LOCAL AREA NETWORK UPGRADES WITH VECTOR RESOURCES, INC., D.B.A. VECTORUSA, IN THE AMOUNT OF $229,163.51 (CONTRACT NO. C39680). Mayor Pro Tem Kelly moved to, by Minute Motion, approve/authorize: 1) Contract with VectorUSA, Rancho Cucamonga, California, in the amount of $229,163.51 for Local Area Network (LAN) Hardware and Software Upgrades, and City Manager to negotiate, finalize, and execute said agreement; 2) 10% contingency in the amount of $22,916, and City Manager to approve requests from contingency for unforeseen conditions — funds were budgeted and are available FY 2019-2020 in Account No. 5304190-4404000. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). B. REQUEST FOR APPROVAL OF A LEASE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND DESERT RECREATION DISTRICT FOR THE PALM DESERT COMMUNITY CENTER BUILDING LOCATED AT 43900 SAN PABLO AVENUE (APN 622-250-016) (CONTRACT NO. C39690). Councilmember Harnik moved to, by Minute Motion, authorize: 1) Mayor to execute subject Lease Agreement between the City of Palm Desert and Desert Recreation District; 2) City Attorney to make non -substantive changes to the Agreement prior to final execution. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 C. CONSIDERATION OF SUBMISSION OF A LETTER TO THE GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU AND DESERT BIENNIAL (DESERT X), EXPRESSING OBJECTION TO THEIR COLLABORATION WITH SAUDI ARABIA ON AN ART EXHIBITION. Councilman Jonathan said he would address this issue since he's the one that requested this item. He said this Council as well as previous ones have been wise to veer away from politics and national or international issues the City is not directly involved in. However, the matter before the Council is whether or not the City should continue to fund an organization that is literally in partnership with a foreign government that raises serious questions and concerns. Saudi Arabia is universally recognized as engaging in human rights violations and has been condemned by various international organizations, including the United Nations. Saudi Arabia has also been criticized for war crimes in Yemen, including the use of chemical weapons near civilian populations, which is in violation of international law. Finally, there is the matter of the brutal killing and dismemberment of a Washington Post journalist after the Saudi crown prince, who is taking responsibility for this murder, reportedly ordered his assassination. He was not saying the City should withdraw its support of Desert X, but simply sending a letter to the board of Desert X expressing its concern. He said what they do and what the City does in the future will be determined at a later time. His goal this evening is to simply draw attention to the partnership between Desert X and Saudi Arabia, express the concern and have them consider the City's perspective in what they do in the future. MR. KIM FLOYD, Sorrento Court, Palm Desert, said he wished to recognize the leadership role Council is taking on this issue. When he read the article about the engagement of Desert X in Saudi Arabia, his jaw dropped, and he was so disappointed. He did what most people do, which is to do nothing. He's not saying what the outcome should be, but is impressed with Council for its willing to address these kinds of issues. MR. JEFF LIPSCHATZ stated he came tonight from Palm Springs, because he honestly couldn't imagine a more breathtakingly offensive initiative than the Saudi Arabia partnership with Desert X. He questioned why Golden Voice, organizers of Coachella Fest, is giving money in support of Desert X. He said other investors have pulled out because of this partnership between Desert X and Saudi Arabia, including members of their Board have resigned. The answer would be the same for Palm Desert, because the sponsorship is taxpayers' money. He said this was about our grandchildren and moving forward toward the best possible future, because it certainly didn't mean helping an evil foreign nation. He gathered the Saudis are presumably investing a high figure into Desert X, but put that against the 13 million children, women and men who have reportedly been starved and murdered in the Saudi war in Yemen. The global tourism initiative is led by none other 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 than Muhammad Bin Salman, the killer of the Washington Post journalist Jamal Khashoggi. The Saudis human rights are one of the worse on the planet, especially since its persecution of its LGBTQ community, which it punishes, including using capital punishment. MS. JENNY GIL, Executive Director of Desert X, the site specific art combination that will take place again in the Coachella Valley in February 2021. She thanked the City Council for welcoming her comments, stating she had a recent interview with Jeremy Irons who said, "Art cannot save us from our miseries or prevent the deterioration of politics, nor cure social unrest, but without art, we would be much worse because it makes us less dangerous." She said it's on that basis that Desert X has moved forward with the Royal Commission in Alula, Saudi Arabia, which will be fully funded by the Commission. The exhibition will include artists previously shown here in the Coachella Valley side by side with Saudi and other Middle Eastern artists. Since 2017, Desert X has welcomed over 600,000 visits across the Valley, providing free access to museum -quality combinations and over 50 public educational programs, and has contributed to the creation of the new wave of cultural tourism in the Valley. Several art installations and programs, including opening night have been hosted by the City of Palm Desert. She said they are thankful for the City's visionary support since the inception of Desert X. And as a result, they have all experienced the power that art has to change minds and open hearts. The Royal Commission represents a magnificent and historic desert area in the northwest of Saudi Arabia. The Commission oversees architectural addition, the conservation of endangered animal species, provide educational and economic benefits to the people, and a long-range timetable for sustainable development. Many organizations, artists, curators, and archaeologists from both the U.S. and Europe are contributing to this development. The Commission invited Desert X to share their expertise so they, too, could mount a site specific contemporary art combination. After considerable research, which included multiple visits to Saudi by the artistic director who was joined by Desert X artists, included those representative of the LGBTQ, Jewish and other minority groups. They returned with eyewitness reports that they felt welcomed and safe. They saw enormous positive change happening in Saudi and happening quickly. These same artists have participated in the Desert X Alula Combination. She's grateful Councilman Jonathan welcomed her and Board President and Founder Susan Davis to his office yesterday where they had an open and cordial conversation. As explained to Councilman Jonathan, their experts are not political. She said they are to provide a pattern for international dialogue and conversation through art. This has always been Desert X's mission, to support artists' voices and connect communities around the world through international art exhibitions. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 Mayor Pro Tem Kelly stated she takes umbrage about the human rights violations that have been described here as everyone else, but believe Council should adhere to its historic practice of not using the dais as a bully pulpit to pronounce national or international issues. She said Council didn't have a criteria in place that would allow them to identify this particular letter as something appropriate to send. I would note that embassy international and rights watch have indicted the United States as well as Saudi Arabia. So the fact of such indictment is problematic as a basis for the City to take action. She didn't believe Palm Desert residents want Council to divert staffs time to develop criteria to issue pronouncements on matters of this nature. She believed it was more appropriate for each Councilmember to use other associations of which they are a part of to express those sorts of judgments and opinions. Her personal hope is that art can be a vehicle to give encouragement to people of good intentions in such troubled parts of the world to advance progressive causes and human rights. Councilmember Weber concurred with Mayor Pro Tem Kelly's comments, stating she believed art surpasses politics, and to have art be able to reach a population is more important than for Council to try to figure out who the leader of that particular country is committing whatever horrors they might be inflicting. She said that when the focus is on art, it sends a message that we're more concerned about our shared humanness than we are concern about our politics, adding she wasn't comfortable with Council sending a letter of this nature, because she didn't have all the facts. However, for the future, she would like to figure out a way to have direction over what kind of letters Council would be sending out, because she wouldn't appreciate being directed on how to behave as a Councilmember. Therefore, she didn't think there was a valuable letter to issue at this time. Councilmember Harnik agreed with Mayor Pro Tem Kelly that no one on the Council supports any kind of cruelty or negative acts against humanity. It was cited in The Desert Sun, and in this letter, that the United Nations Amnesty International and the Human Rights Watch have sanctioned or reprimanded and condemned Saudi Arabia, but all three of those bodies have also condemned and sanctioned the United States, so it's difficult to use that as a gauge. She believed art is used to open hearts and minds, to bring about discussions and build bridges, so to deny it in any country would be a travesty. She said art crosses over cultural boundaries and transcends cultural beliefs, and opens the door to conversation for all of us. Also, there is a conflict here, in that she doesn't believe the dais is where Council should be making these determinations. She said all or many on the Council belong to other organizations where their voices can be heard or behave in such a way that can make our actions relevant in these sorts of issues. She pointed out that the number two supplier of oil to the United States is Saudi Arabia, so to say we don't mind buying your oil, but we're going to deny art to the community and the people in Saudi Arabia, stating it didn't make sense. She 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 said perhaps art can bring joy into their lives or elevate the thinking of those people. Therefore, she couldn't support submitting the letter to the Desert X Board. She hopes people remember what art is all about, because it's not about punishing people, but about bringing joy. Councilman Jonathan said he would defer and support the collective wisdom of this Council, but he felt this was a missed opportunity to do the right thing. He felt it has been historically way too convenient for governments, including our country, to look at horrific situations and say, ah, it's not our problem, thinking that by sending them art and music it will make things better, but it won't. There was some discussion/comment that this is not a political or a national or international issue, and that it's about whether this City should invest further funds, but it has already invested $70,000 into this organization. He said the City routinely looks at every organization it supports and Council determines if they are worthy of that financial support - the residents' taxpayer dollars. He said the City has a fiduciary responsibility to invest them properly. He said if our government had looked at another European Country instead of looking the other way, denying and ignoring the problems that were occurring there, who knows, maybe 12 million people wouldn't have been slaughtered. Again, this is an opportunity for Council to say it will consider whether or not in the future this City should invest in an organization that partners with Saudi Arabia, which is what this discussion is all about. He said if the collective Council felt City funds are properly invested in this particular organization and doesn't even want to consider it, then so be it. He offered a motion for Council to consider, even though he already knew what the outcome would be. Councilman Jonathan moved to submit the draft letter to the Board of Desert X. Motion died for lack of a second. No action was taken on this item. D. REQUEST FOR APPOINTMENT OF DENNIS FLAIG TO THE BOARD OF DIRECTORS OF THE EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT. Tourism and Marketing Manager Thomas Soule noted the staff report reflecting action taken recently by the El Paseo Parking and Business Improvement District Board. They voted to recommend to the City Council to appoint Dennis Flaig to the vacant position on their Board. Mr. Flaig is the General Manager at Saks Fifth Avenue. He recalled for the City Council that the EPBID Board is distinct from other commissions in that prospective applicants are not interviewed by Council, but by the subcommittee of the District Board. The Board then makes a recommendation to the City Council, although indeed the appointee would be formally appointed by the Palm Desert City Council. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 Councilmember Harnik moved to, by Minute Motion, concur with the recommendation of the El Paseo Parking and Business Improvement District Board and appoint Dennis Flaig, General Manager at Saks Fifth Avenue, to the Board of Directors, filling the vacant term with an expiration of December 31, 2021. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). E. INFORMATIONAL REPORT AND REQUEST FOR STAFF TO MONITOR THE EL PASEO PEDESTRIAN IMPROVEMENTS/DEMONSTRATION PROJECT FOR AN ADDITIONAL SIX-MONTH PERIOD. Principal Planner Kevin Swartz recalled for the City Council that on September 6, 2018, Council approved the El Paseo Master Plan Alternatives prepared by the Gibbs Group that focuses on the one -mile corridor of El Paseo from Highway 74, including street alternatives. As part of that document, it included near -term solutions for the street, which were to improve the crosswalk markings, create bulb -outs on intersections. This would relocate the curb and the sidewalk on the intersections to create room for raised mid -block crossings and add parking and dining decks. He displayed photos of the City's current demonstration project and pointed out the locations and improvements that were made, which included delineated posts, versions of bulb -outs, and the installation of two bike racks on Larkspur Lane in front of Starbucks. Also installed were three raised mid -block crossings in front of The Gardens, along with the signs and in -pavement crossings. He added there will be a push button that will light up when you cross the street. The remaining work is estimated to be completed by the end of December. The improvement that has not been done are the parklets, and City staff is currently working with a local architect on design cost. If this project proceeds forward, it will come back to Council for approval in January or February. He displayed three different examples of what the parklets would look like. He said El Paseo has an upscale brand, and regardless of how you look at it, everyone can agree the street is considered a luxury street with high -end shopping and dining. He said all the changes shocked people, and he believes it's because the City didn't do enough outreach as stated by Council at the October 24 meeting. Staff has received numerous calls and emails from business owners, merchants, property owners, residents and tourists. Initially, many of the comments were negative, and typically toward the crosswalks. People didn't like the color, the dirtiness, and that the paint selection was not considered upscale or appropriate for El Paseo. However, since then, staff received positive comments as well. He said some people were confused about the white delineation posts, stating no one knew they represented bulb -outs. He said people thought those delineations were for the bike lanes or where one could stand when you cross the street. Also confusing were the raised crosswalks, staff received a lot of complaints, because there was no signage. He said drivers were traveling at 40 mph, so they weren't very happy. Because of the 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 outreach that has been done since, and the input received, one of the things staff would like to do is add visual aids within those bulb -out areas. He displayed examples of the types of signs used on the San Pablo Improvement Project, stating they would do similar signs for El Paseo but smaller in size geared toward pedestrian; they will be double -sided. He said staff will create a link directing people to the information describing the demonstration project, the background, the Gibbs Study, a telephone contract number and email. The City has also started a survey that will also be linked to the information. Staff envisions installing these signs in the bulb - outs. Another part of the outreach would be to walk the street going business to business and putting a face from the City to actually explain what is going on. Staff can also stand on the street to explain the demonstration project and conduct the survey right then and there. Part of the survey, includes, if they are willing, to provide their zip code. He thought it was important to capture what comments are made and where they are coming from. Again, create a web link in the website and BrightSide Newsletter and other platforms. So moving forward, within the six months, staff would like to talk with other cities, because Palm Desert is not the only city that has painted crosswalks. He said he heard pavers give more of an upscale look, and Palm Desert has them in front of the Daily Grill and California Pizza Kitchen. Other materials to consider are stamped concrete and/or other types of maintenance for the crosswalks such as pressure washing or street sweeping. Based on all these considerations, staff recommends continuing to monitor for an additional six months. Mayor Pro Tem Kelly called attention to the April 5 staff report, where one of the things listed as a possibility for exploration is stamped concrete. She's not sure that's the same as a possible method, but when she and Councilmember Harnik were in downtown Los Angeles for the SCAG Economic Summit, just as she was exiting the station, there was a large advertisement for Covered California, which seemed to stay extremely clean despite some muddy feet and traffic. She looked closely, and it wasn't paint, it was a form of application attached to the surface and probably plastic related. She's curious to know if stamped concrete embraces that kind of applied material. Mr. Swartz said he wasn't sure what material she was referring to, so he would have to research it. Councilman Jonathan stated he loved that staff realized the City did something wrong and owned it, and now were moving forward with solutions, which he believes is what makes staff and the City so special. First, regardless of how the community feels about the actual design, there is universal agreement that the dirtiness, the rubber or whatever the blackness that is now covering the crosswalks is not attractive. However, if the City is 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 keeping this for another six months, he asked that at least it be kept clean, questioning if pressure washing would be effective. Mr. Swartz responded he didn't know, because it hasn't been tried. Councilmember Harnik said she drove down there early this morning and they looked much cleaner. Mr. Garcia commented that it could have been the rain. Mayor Nestande commented that pressure washing might work if rain was able to make a difference. Mr. Garcia said the City currently sweeps El Paseo every other week on Monday mornings about 4:00 a.m. He said one of the mitigation methods might be to increase the frequency, adding water is used for street sweeping. Councilman Jonathan said staff recommends continuing to monitor this situation for another six months, which would bring us to the end of June. He questioned why staff would want to continue for six months. Mr. Swartz explained he wants the demonstration project to play out through the season. He said typically March, April, or May is when snowbirds start to head back. Councilman Jonathan asked if it would adversely impact anything staff had in mind that would mess up the timing. Mr. Swartz said no. Mayor Pro Tem Kelly said she heard a lot of discussion about experimenting with what's there already. But to the experiments that staff is contemplating could include small examples of alternative materials that might not even be at the street but at the Corporate Yard - somewhere to see in three dimensions what the alternative materials would look like. Mr. Swartz agreed, stating staff could put that together. Councilmember Harnik said there's been greater comments made on the raised crosswalks, which have been very positive. In fact, they have been on Instagram and have received a lot of social media reaction. She said every time she explains to someone the reason the City uses those daisies, it is received positively. Therefore, she's wondering if at the median, in front of Mama Gina's, if staff can put the black -footed daisy, which is native to this desert, just like we do with our art where we have a little placard that talks about; it's just an idea. The other thing is, for instance, she has seen people jaywalk between the crosswalks, questioning how soon can a sign go up to say it's a raised crosswalk. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 Councilmember Weber agreed, stating two nights ago, one person in the dark, east of the crosswalk, jaywalked to cross. Councilmember Harnik said people think it's a speed table or speed bump, because it's labeled "Bump." Mayor Nestande pointed out that eventually those crosswalks will include lights, which will help identify them as a crosswalk. Project Manager Randy Bowman said El Paseo is still a construction area, although, a lot of it looks complete. That "Bump" signs, currently out there, is a standard orange construction type of sign you see during construction, and the permanent ones have yet to be installed. In fact, he got a text from the contractor who expects to start work as early as next week. He said signs have to meet certain regulations and standards, so there is an advance sign at each of the mid -block crosswalks, and another sign at the mid -block crosswalk where pedestrians actually stand and push the button where the lights start flashing. He too has seen pedestrians jaywalking, even though there is a new mid -block crossing. Mr. Swartz further responding to Councilman Jonathan earlier question about monitoring the performance for another six months, added it allows staff to play out materials with different weather conditions, such as the heat. MS. MARGARET CLARK from The Body Deli, Inc., stated one of these crosswalks is adjacent to her shop. The red -line curb is longer on her side of the street near her store, which she felt was an impediment to shoppers, because it was taking up valuable parking space, and asked if it can be shortened. She's also concerned about the crosswalks, because people are distracted with their iphones and not even looking at the cars that could run over them, which she felt needs to be addressed. Additionally, she didn't mind the pattern design, but she does have an issue with the dirtiness. She suggested using interactive connective pavers, because you can make a lot of designs with them, and they are made to withstand trucks and automobiles; they can be easily cleaned. She added that her number one complaint from customers is that there's no parking. She recognized there is a big parking structure on the back of Saks, but no one is going to park there and walk over to her store. She suggested angle parking, which she believed would produce three times more parking spaces, but make the spaces generous. Lastly, the only delivery they have on El Paseo is on the front, because in the back side with semis' coming around the corner to go to Jensen's, it's really tight, due to where those cones are right now. MR. KIM FLOYD thanked the City Council for taking on this kind of project, because the City needs it. He was sure the City Council didn't need it, in terms of the grief received when change happens. He didn't have answers 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 and he wasn't a merchant on El Paseo, or a person who has a vested interest in the changes, but these changes to need to happen and he appreciates the City taking it on. MR. JOE GAUGUSH, Broken Arrow Trail, Palm Desert, said he was neutral when it came to bulb -outs, however, the intersection paintings on the crosswalks are filthy, and the areas around them as well. He said they are impeding traffic flow and creating a negative image for what people call Jewel of the Desert - El Paseo. If Council is going to consider this beyond the demonstration project, which he hoped not, it better plan on significant increases to the maintenance budget, because they will require daily maintenance and it will be a long-term financial burden to the City. Councilmember Harnik moved to approve staffs recommendation. Motion was seconded by Kelly. Mayor Pro Tem Kelly stated staff featured the use of outreach signs to explain to folks what the objectives are, and she fully supports the initiative. She encouraged staff to be very attentive to the design of those signs so that they don't give the impression to folks that it's a six-month construction zone. The examples shown were from the San Pablo Project, which is a construction zone, and the sign exudes it. Therefore, hopefully these signs can have an upscale look that doesn't connote that things are going to be torn up for six months. Councilmember Harnik appreciates all of the comments, and she echoes Councilman Jonathan's thoughts about acknowledging we made mistakes when we could have done a better job, and I know we'll all learn from it. Mayor Nestande concurred. Councilman Jonathan said there has been a strong reaction to the demonstration project, which he has observed and received. It could be resistance to change and we're all human and that's natural, but a lot of it took issue with the actual crosswalk design, which he thought was problematic. He's not opposed to bold, because it's terrific, but it's not the kind of bold that reflects upscale El Paseo, but that is a decision for a later time. However, he's not comfortable letting it sit there for another six months. Staffs recommendation is to report to Council in six months, but he preferred getting that report in four months. He said staff suggested experimenting with the materials in warmer weather, but we already know this paint doesn't work and we don't need 100% temperatures to confirm it. If it gets dirty, it will be expensive to maintain, and eventually it may not be maintainable. Everyone has acknowledged the material is a mistake and staff is already intending to explore other options, including going to other places who have had better success. He offered a friendly amended to the motion to monitor the performance for four months instead of six months. He asked staff to do 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 their best to keep those crosswalks clean to the Palm Desert standard during the demonstration period whether it's sweeping or pressure washing, even if it requires an extra cost. Councilmember Harnik asked if four months would provide staff with enough time to get the appropriate feedback to move forward, which would be the end of April. Mr. Stendell said the end of April would work. Councilmember Harnik moved to, by Minute Motion, as amended: 1) Receive and file an informational report on the El Paseo Pedestrian Improvements/Demonstration Project; 2) direct staff to continue monitoring the El Paseo Pedestrian Improvements/Demonstration Project regarding the painted crosswalks, raised mid -block crossings, bulb -outs, and future parklets for four months — during that time, staff will observe the visual and aesthetic impacts on the community, and conduct field surveys to determine effectiveness of measures intended to reduce vehicular speed, improve pedestrian safety, and increase the number of businesses visited in a single trip — at end of the demonstration period, staff will report to the City Council with a formal recommendation; 3) provide any additional directives to staff related to the El Paseo Pedestrian Improvements/Demonstration Project, as amended with staff directed to continue monitoring performance of the El Paseo Pedestrian Improvements/Demonstration Project for four months. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). XVII. CONTINUED BUSINESS None XVIII. OLD BUSINESS None 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 XIX. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF LOCAL HISTORIC DISTRICT DESIGNATION FOR KINGS POINT AT PALM DESERT (SHADOW COVE) LOCATED ON CACTUS COURT AND MESQUITE COURT, Case No. CRPC-19-01 (Shadow Cove Homeowners Association, Applicant). Mr. Grance stated the proposed Resolution is a request for Historic District Designation for property known as Kings Point at Palm Desert - Shadow Cove. It is located west of Highway 74 and south of Shadow Mountain Drive, located on Cactus and Mesquite Court. On October 29, 2019, the Cultural Resources Preservation Committee at its regularly scheduled meeting conducted a public hearing and unanimously recommended nominating Kings Point at Palm Desert Shadow Cove with Historic District Designation. He said Kings Point was designed in the mid-century modern style by Hugh Michael Kaptur in 1974 and built by Kings Point Development, Robert Grundt and David Green over two years from 1974 to 1976. Kings Point at Palm Desert is the only multi -family complex designed by Kaptur and built by Grundt and Green in the City of Palm Desert. It is also the largest example of his work in the City. The 36, one-story, two and three -bedroom condominiums, are in a six-plex format of reflected floorplans. Each cul-de-sac comprises three, six-plex units. Both the design and construction of the units ensured the properties followed the natural lay of the land. It was important to Kaptur and the developers to ensure uninterrupted sitelines, therefore, all services were installed underground. He said Hugh Michael Kaptur, AIA is known as one of the most creative and innovative architects of the Palm Springs School. His designs of William Holden and Steve McQueen's homes are two of hundreds of projects he has completed over the years. He is deemed to be the last living mid-century modern architect in the western United States. In 2014, Hugh Kaptur was honored with a "Golden Palm Star" on the famed Palm Springs Walk of Stars in downtown Palm Springs. Kings Point at Palm Desert Shadow Cove meets the following designation criterion as contained in the City's Cultural Resources Ordinance, and is hereby worthy of preservation and designation as a Local Historic District: B) Is identified with persons or events significant in history; or C) embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or D) represents the work of master builders, designers, or architects; or E) reflects distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement and growth, agricultural, or transportation. Councilman Jonathan said he understood Hugh Kaptur is a special individual and has contributed in very meaningful ways to the Coachella Valley, but in looking at the photographs of the project itself, and he's familiar with it as well. First, the photographs are from the mid 70's, so one wonders if it has 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 had time to mature as a historically significant piece of architecture. Secondly, to his eye, it's the kind of thing you see in the thousands in the Coachella Valley, which he views as 70's construction. He said he was probably missing something here, so he questions what makes this development architecturally special or significant in staffs perspective. Mr. Grance said staff looks at the City's Ordinance and the criteria it reviews when the City entertains any property whether it's an individual property or district. Staff looks at those defining findings just mentioned under Items B, C, D, and E. The fifty years is not the only finding staff uses, although it is an important one to consider. He said staff reviewed the application, visited the site, and felt it met the criteria to be considered. Councilman Jonathan added that many visited the "Wave House" today where it made sense, because it's unique and it has special architectural features. The Wave House is amazing and unquestionably historically and architecturally significant. He questioned what it was about this particular project that makes it historically or architecturally significant. Mr. Grance responded that the easiest way he could explain it is that architecture is like art, it's all subjective. One may have a better artistic value in somebody's eye compared to another project, but the way staff approaches these individual projects that come forth, is that they use the set of guiding principals within the Ordinance to determine significance. Councilmember Weber pointed out that the Cultural Resources Preservation Committee spends a lot of time reviewing photographs, talking to the applicants, looking at the history of the architect, Mr. Kaptur, and the Committee was very impressed with the entire project and thought it would add significance to the City by being called historic. Additionally, at the public hearing, no one spoke in opposition. Mr. Grance noted this meeting is considered the third public hearing. He said when historic designation is considered, public hearings are conducted at a workshop level, followed by a formal meeting where they hold a public hearing, giving the public an opportunity to be heard. Mayor Nestande declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. PAUL CLARK, Chair of the Cultural Resources Preservation Committee, noted he had a Master and Bachelor's degree in history, and he's also been a planner for the County for about 30 years, and a resident of the Valley for 25 years. Prior to that, he worked in the City of Orange, which is well known for its historic preservation elements. What he was impressed with this particular application is the association, and not so much the work itself. You 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 could argue fairly that it's rather similar to what other units were, but it's the association with Mr. Kaptur and the fact that he is one of the primary and/or one of the few and only mid-century architects where interest by the public has grown. He said the interest in the Wave House opened his eyes to the interest people have, not only here in the Coachella Valley, but throughout the region. The association of this property with Mr. Kaptur is the key point in his opinion. MS. JULEEN McELGUNN stated she and her husband Martin Cattermole prepared the application on behalf of the homeowners association. She said Mr. Kaptur created a design that is known now 45 years later, and it's still very applicable to living. The mid-century modern look is a part of what is important to the application. It's also important to note that some of the key characteristic Councilman Jonathan wondered about are also in Tahquitz Plaza, which is now called Kaptur Plaza. If you look at the application, you will see the renderings for Kaptur Plaza and similar styling of that, built in the same year 1974, Kings Point at Palm Desert. Things like the eyebrows around the windows, very sloped roof, which is a very key piece, stating Mr. Kaptur was one of the first architects to do that, which is why you see it now in the desert; the work is being emulated. Also, some of the modern conveniences of a washer and dryer inside the home, double -car garage, fully insulated, and underground facilities to preserve the sitelines. One of the key features is that Hugh Kaptur developed with the homes nestled as part of the land, opening up vistas to the mountains and other areas, which is important to the architecture and part of how the City developed. The developers of the Indian Creek Village, the McKeen Development wanted to develop more of their same, but there was a massive outcry from residents for them continuing with more of the same, because those homes didn't sit with the slope of the land. With no further testimony being offered, Mayor Nestande declared the public hearing closed. Mayor Pro Tem Kelly moved to: 1) accept testimony supporting or opposing the subject request, Case No. CRPC-19-01; 2 ) waive further reading and adopt Resolution No. 2019 - 89, reaffirming action of the Cultural Resources Preservation Committee to designate Kings Point at Palm Desert (Shadow Cove) located on Cactus Court and Mesquite Court with Historic District Designation, per Section 29.50.010 of the Palm Desert Municipal Code. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2019 B. REQUEST FOR ADOPTION OF RESOLUTION, MAKING CERTAIN FINDINGS PURSUANT TO GOVERNMENT CODE SECTIONS 66000-66008 RELATING TO THE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2019. Ms. Moore noted the staff report of the Development Impact Fees for year ended June 30, 2019. These fees are collected to defray the cost of public facilities. Annually, staff must review the fees to make sure its holding funds for the purposes intended. No refunds are necessary this year. The report was submitted to the Desert Valley Builders Association (DVBA) and the Builders Industry Association (BIA), noting the City received a response from the DVBA this year. The City Council is required annually to hold a public hearing and invite testimony, and upon conclusion, staff recommended approval of the proposed actions in the staff report. Mayor Nestande declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Mayor Pro Tem Kelly moved to: 1) Conduct a public hearing and accept testimony relating to the Development Impact Fees Annual Report and related findings; 2) waive further reading and adopt Resolution No. 2019 - 90, accepting the report and making certain findings pursuant to California Government Code Sections 66000-66008. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). XX. ADJOURNMENT With City Council concurrence, the meeting was adjourned at 6:56 p.m. ATTEST: RAC'HELLE D. KLASSEN,-CITY CLERK CITY OF PALM DESERT, CALIFORNIA 1 „&/ 1 GINA NESTANDE, MAYOR 33