HomeMy WebLinkAboutPrelim - CC - 02-13-2020PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 13, 2020
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Nestande convened the meeting at 3:02 p.m.
II. ROLL CALL
Present:
Councilmember Jan C. Harnik
Councilman Sabby Jonathan
Mayor Pro Tern Kathleen Kelly
Councilmember Susan Marie Weber
Mayor Gina Nestande
Also Present:
Lauri Aylaian, City Manager
Robert W. Hargreaves, City Attorney
Andy Firestine, Assistant City Manager
Rachelle D. Klassen, City Clerk
Lori Carney, Director of Administrative Services
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. Sheriff's Dept.
Grace L. Rocha, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
MR. AARON THOMAS, Southern California Edison (SCE) Government Relations
Manager, introduced himself to the City Council, stating he resides in Palm Springs,
California. He is the new area representative for the City of Palm Desert and his
goal is to keep the City Council in the loop, in terms of what's happening in the
future. He works directly with the leadership of Palm Springs, Banning, Indian
Wells, and the eight area tribes. He will be inviting the leadership to SCE meetings
and making himself available to Councilmembers. He has already met with the
City's Director of Community Development, the City Manager, and a few other
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department heads. In fact, a meeting is already set for March 4 to discuss City
projects and making sure everyone is on the same page, hopefully resulting in
cost -saving projects to both the City and Edison.
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Falcon Crest - 42075 Hovley Gardens Drive
(APN 624-430-006), Palm Desert
Agency Negotiator: Lauri Aylaian/Veronica Tapia/City of
Palm Desert/ Palm Desert Housing Authority
Property Owner: Enrique Alonso Orozco Garcia/Bianca Orozco
Under Negotiation: x Price x Terms of Payment
2) Property: Falcon Crest - 42099 Verdin Lane (APN 624-431-027),
Palm Desert
Agency Negotiator: Lauri Aylaian/Veronica Tapia/City of
Palm Desert/Palm Desert Housing Authority
Property Owner: Magnum Property Investments, LLC
Under Negotiation: x Price x Terms of Payment
3) Property: MC Properties Master Plan - (APNs 694-130-016 and
694-130-021) (Bounded by Monterey Avenue/Dick Kelly
Drive/Gateway Drive/A Street), Palm Desert
Agency Negotiator: Lauri Aylaian/Ryan Stendell/City of Palm Desert
Other Party Negotiator: Chris Chambers, Representative
Property Owner: MC Properties, LLC
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 Nestande adjourned the meeting to Closed
Session of the City Council, Successor Agency, and Housing Authority at 3:05 p.m.
She reconvened the meeting at 4:20 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
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Mr. Hargreaves stated there was no reportable action from Closed Session.
However, he requested the City Council consider adding an urgency item to
today's agenda. It's an item that came to staff's attention after the agenda
was posted and needs to be acted on immediately. It's consideration of a
temporary waiver to Palm Desert Municipal Code Section 9.58.010 and
9.58.020, consumption of alcoholic beverages on public property at the Palm
Desert Area Chamber of Commerce for Fiscal Year 2019/2020 and Fiscal
Year 2020/2021, more importantly the upcoming event on February 19,
2020.
Upon a motion by Kelly, second by Harnik, and 5-0 vote of the City Council (AYES:
Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None), the item was added to the
agenda under Section XIV - New Business, Item C.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Mayor Pro Tern Kathleen Kelly
VII. INVOCATION/INSPIRATION - Councilmember Jan C. Harnik
VIII. AWARDS AND PRESENTATIONS
A. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL
REPORTING PRESENTED TO CITY OF PALM DESERT, CALIFORNIA,
FOR ITS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR
THE FISCAL YEAR ENDED JUNE 30, 2018.
Ms. Moore reported the City received its 22"d consecutive award for
Excellence in Financial Reporting and has again submitted for Fiscal Year
2019. She recognized her staff sitting in the audience, stating they are the
ones who do the work behind the scenes.
Mayor Nestande congratulated the Finance staff, stating she's proud of
them. She added the auditor really scrutinized every little detail down to the
decimal point and couldn't find one mistake, which is astounding.
IX. ORAL COMMUNICATIONS - B
MR. ROB BALLEW, Acting CEO for the Palm Desert Area Chamber of
Commerce, announced the State of the City event will be held at the J.W.
Marriott on March 20 where the Mayor will be providing an update on what's
happening in Palm Desert. Also, next Wednesday, February 19, the
Chamber will host an Open House followed with a tour of the Museum and
Cuistot Restaurant; the event starts at 5:00 p.m. and ends at 6:30 p.m. He
thanked the City Council for supporting the Chamber and hoped they can live
up to their expectations.
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MS. CHRISTINE NIELSON, La Paz Way, Palm Desert, approached the City
Council to say it's notable that no reference to climate change was made in
the City's planning document for 2020/2021, as was the case in 2019/2020.
She pointed out that in the month of April, Palm Springs will have the option
of enrolling in the Desert Community Energy (DCE) Plan, which will take
them off fossil fuel, generating power with an estimated 10% rate increase.
This is a way to easily and significantly reduce the city's carbon footprint by
27% if most residents select this option. She said Palm Desert should follow
this example, because ignoring climate change at the local level is not
acceptable. She asked the City Council to provide leadership on this critical
issue, stating participation in the DCE is a way to make a difference and
contribute to carbon -emission reduction. As a mother and grandmother, she
will happily pay 10% more for her electricity to help ensure a better and more
livable future for all children and grandchildren.
MR. WALLY MELENDEZ said he will continue his conversation with the City
Council on education, real estate ownership, and the lack of education on
finances to young adults. From his point of view, he felt College of the
Desert functions more like a vocational college or junior collage, therein
wasting students time and energy. He didn't like the idea of importing people
with bachelors and master degrees from other areas, when our own youth
here in the Coachella Valley should be given an opportunity to obtain those
degrees locally and remain in the area.
X. CONSENT CALENDAR
PALM DESERT CITY COUNCIL
A. MINUTES of the Regular City Council Meeting of January 23, 2020.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 12/31 /19, 1 /10/2020, 1 /17/2020 - Qty. 2, and 1 /24/2020 - Qty. 2.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrant Dated 1/31/2020 (Joint Consideration with the Palm Desert
Housing Authority - see Item X below).
Rec: Approve as presented.
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D. AUDITED City of Palm Desert Financial Report for the Fiscal Year Ended
June 30, 2019.
Rec: By Minute Motion, receive and file the audited Comprehensive Annual
Financial Report (CAFR) for the City of Palm Desert for the Fiscal
Year Ended June 30, 2019.
E. INDEPENDENT ACCOUNTANTS' REPORT on Agreed -Upon Procedures
Performed on the Measure "A" Transportation Fund for the Fiscal Year
Ended June 30, 2019.
Rec: By Minute Motion, receive and file the Independent Accountants'
Report on Agreed -Upon Procedures Performed on Measure "A"
Transportation Fund for the Fiscal Year Ended June 30, 2019.
F. AUDITED Financial Reports of the Palm Desert Recreational Facilities
Corporation for the Fiscal Year Ended June 30, 2019.
Rec: By Minute Motion, receive and file the audited financial statements of
the Palm Desert Recreational Facilities Corporation (PDRFC) for the
Fiscal Year Ended June 30, 2019.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Circle K,
44775 San Pablo Avenue, Palm Desert.
Rec: Receive and file.
H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by La Fe Wine
Bar, 73900 El Paseo, Suite 2, Palm Desert.
Rec: Receive and file.
CITIZENS' SUSTAINABILITY COMMITTEE Minutes for the Meeting of
October 7, 2019.
Rec: Receive and file.
J. RESOLUTION NO.2020 -15 - A Resolution of the City Council of the City of
Palm Desert, California, Authorizing Submittal of Application(s) for the
CalRecycle Beverage Container Recycling City/County Payment Program.
Rec: Waive further reading and adopt.
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FEBRUARY 13, 2020
K. RESOLUTION NO.2020 -16 - A Resolution of the City Council of the City of
Palm Desert, California, Approving the Partial Vacation of a 15-Foot
Drainage Easement, Dedicated to the City of Palm Desert and Recorded as
Document Number 2014-0170216, Located Within a Portion of Parcel A of
Certificate of Compliance, Waiver of Parcel Map, PMW 14-069, Recorded
as Document Number 2014-0170212, Official Records of Riverside County
(La Quinta Brewing Company, Applicant).
Rec: Waive further reading and adopt.
L. REQUEST FOR AWARD OF CONTRACT to Shaw Industries, Inc., in the
Amount of $43,206.06 for Carpet Replacement at the State of California
Department of Rehabilitation (DOR) Located at the Parkview Office Complex
(Contract No. C38330A, Project No. 774-18C).
Rec: By Minute Motion: 1) Award subject contract to Shaw Industries, Inc.,
Dalton, Georgia, in the amount of $43,206.06 for carpet replacement
at the DOR, Parkview Office Complex; 2) appropriate $43,206.06
from the Parkview Office Complex Capital Fund to Account
No. 5104195-4337020; 3) authorize the Director of Finance to set
aside a 10% contingency for the project in the amount of $4,320.60;
4) authorize the City Manager, or designee, to review and approve
written requests for use of contingency change orders for
unanticipated conditions, per Section 3.30.170 of the Palm Desert
Municipal Code; 5) authorize City Manager to execute the
agreement — upon approval, funds will be available in Account
No. 5104195-4337020 - Parkview Office Complex Capital Account.
M. REQUEST FOR AWARD OF CONTRACT to DD Painting, Inc., in the
Amount of $11,500 for Interior Repainting at the State of California
Department of Rehabilitation Located at the Parkview Office Complex
(Contract No. C3833013, Project No. 774-18P).
Rec: By Minute Motion: 1) Award subject contract to DD Painting, Inc.,
Cathedral City, California, in the amount of $11,500 for interior
repainting at the DOR, Parkview Office Complex; 2) appropriate
$11,500 from the Parkview Office Complex Capital Fund to Account
No. 5104195-4337020; 3) authorize the Director of Finance to set
aside a 10% contingency in the amount of $1,150; 4) authorize the
City Manager, or designee, to review and approve written requests for
use of contingency change orders for unanticipated conditions, per
Section 3.30.170 of the Palm Desert Municipal Code.
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N. REQUEST FOR APPROVAL of Amendment No. 1 in the Amount of $22,230
to Contract for Design of the Council Chamber Interior Improvements Project
(Sillman Wright Architects, San Diego, CA) (Contract No. C37960A, Project
No. 765-20).
Rec: By Minute Motion: 1) Appropriate $22,230 from the Unobligated
General Fund to the Building Maintenance Capital Improvements
Project Fund; 2) approve Amendment No. 1 in the amount of $22,230
to the subject contract with Sillman Wright Architects for additional
services; 3) authorize the Mayor to execute Contract Amendment
No. 1 — upon approval, funds will be available in Project Account
No. 4504161-4400100.
O. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35310A —
Construction of the Line 4 Drainage Project (Project No. 522-16)
(Granite Construction Company, Indio, 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.
P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C38730 —
Arterial Slurry Seal Project (Project No. 751-19A) (American Asphalt South,
Inc., Fontana, 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.
Q. REQUEST FOR APPROVAL of the 2020 Coachella Valley Wildflower
Festival & 5K Presented by the City of Palm Desert — Saturday, March 7
(Friends of the Desert Mountains, Applicant).
Rec: By Minute Motion, approve: 1) Coachella Valley Wildflower Festival
& 5K scheduled for Saturday, March 7, 2020 at Civic Center Park;
2) proposed event route and road closures; 3) temporary waiver of
Palm Desert Municipal Code (PDMC) Sections: a) 11.01.20 - Hours
of Use in City Parks; b) 11.01.140 - Amplified Sound in City Parks;
c) 11.01.080(0) - Placement of Advertising Signage in City Parks;
d) 11.01.080(Q) - Vendor Sales in City Parks; e) 11.01.080(W) -
Possession/Consumption of Alcohol in City Parks, pursuant to
PDMC 9.58.040.
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R. REQUEST FOR APPROVAL of the 2020 USA Women's Marathon and Half
Marathon — Sunday, November 22 (USA Endurance Events, Applicant).
Rec: By Minute Motion, approve: 1) The 2020 USA Women's Marathon &
Half Marathon Event scheduled for Sunday, November 22;
2) temporary waiver of Palm Desert Municipal Code (PDMC)
Sections: a) 11.01.20 - Hours of Use in City Parks; b) 11.01.140 -
Amplified Sound in City Parks; c) 11.01.080(0) - Placement of
Advertising Signage in City Parks; d) 11.01.080(Q) - Vendor Sales in
City Parks; e) 11.01.080(W) - Possession/Consumption of Alcohol in
City Parks, pursuant to PDMC 9.58.040.
S. REQUEST FOR APPROVAL of Out -of -State Travel for Staff to Attend the
2020 Central Square Conference - March 17-20, 2020, in Las Vegas,
Nevada.
Rec: By Minute Motion, approve out-of-state travel for seven (7) staff
members from the Building & Safety, Community Development,
Finance, and Information Technology Departments to attend the
Central Square Conference, March 17-20, 2020, in Las Vegas,
Nevada — funds are available in the Citywide Training Account,
No. 1104154-4312101, and in the Building & Safety Conference
Account, No. 1104420-4312000, and in the Information Systems
Conference Account, No. 1104190-4312000.
T. REQUEST FOR APPOINTMENT of Project Manager Emily Roethler to fill
the City of Palm Desert's Vacant Seat on the Energy Consumers Advisory
Committee for the Imperial Irrigation District.
Rec: By Minute Motion, appoint City of Palm Desert Project Manager
Emily Roethler to the vacant seat on the Energy Consumers Advisory
Committee (ECAC) for the Imperial Irrigation District
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
U. MINUTES of the January 23, 2020, Regular Meeting of the Board of
Directors of the Successor Agency to the Palm Desert Redevelopment
Agency.
Rec: Approve as presented.
V. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY -
Warrants Dated 10/4/2019, 12/6/2019, 12/13/2019, 1/13/2020, 1/24/2020,
and 1 /31 /2020.
Rec: Approve as presented.
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PALM DESERT HOUSING AUTHORITY
W. MINUTES of the Housing Authority Meeting of January 23, 2020.
Rec: Approve as presented.
X. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrant Dated 1/31/2020 (Joint Consideration with the Palm Desert City
Council - see Item C above).
Rec: Approve as presented.
Y. REQUEST FOR EXTENSION of Contract with Exclusive Pest Control
Services, Inc., for Pest Control and Extermination Services at the
Palm Desert Housing Authority Properties in a Total Annual Amount Not to
Exceed $81,900 (Contract No. HA36901).
Rec: By Minute Motion, approve/authorize: 1) Extension of subject contract
with Exclusive Pest Control Services, Inc., Palm Desert, California, for
a period of 36 months in a total annual amount not to exceed $81,900
(includes annual contract services cost in the amount of $51,900 and
up to $30,000 for additional services to be requested as needed);
2) RPM Company, the Authority's contracted management company,
to enter into a contract with Exclusive Pest Control Services, Inc., for
Pest Control and Extermination Services; 3) RPM Company to assign
additional services as determined to be necessary due to emergency
actions and/or proactively responding to issues at the Authority
properties, including expenditures up to $30,000 for such additional
services; 4) Chairman, Executive Director, or Director of Community
Development to take all necessary actions to facilitate the contract
and services, including execution of the extension and related
documents — monies are available in the Authority's Operating
Budget, in the appropriate Authority Accounts for each property.
Upon motion by Harnik, second by Kelly, and 5-0 vote of the City Council (AYES:
Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None), the Consent Calendar was
approved as presented.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
None
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XIII. ORDINANCES
A. For Introduction:
None
B. For Adoption:
None
XIV. NEW BUSINESS
FEBRUARY 13, 2020
A. REQUEST FOR APPROVAL OF THE FISCAL YEAR 2020-2021 GOALS
FOR THE CITY OF PALM DESERT.
Ms. Aylaian recalled for the City Council that a study session was held on
January 15, 2020, at which time Council was asked to consider proposed
goals for the year. These goals are intended to be accomplished during the
fiscal year beginning July 1, 2020 through June 30, 2021. The City Council
entered into deliberate consideration and discussion regarding each of the
proposed goals and ended up endorsing them largely as originally proposed
and as represented in the staff report. It is staff's recommendation that the
goals be formally adopted by the City Council. Goals identified that will
require additional resources, in terms of staff or budget, will come back
during the Budget Study Sessions later this spring. Also, money will be in
place to adopt for the Budget, which also begins July 1, 2020.
MR. JOHN PICK, Gateway Drive, Palm Desert, noted he previously had
addressed the City Council to register his support for Desert Community
Energy (DCE). While he doesn't agree with the majority of the Council in
their failure to support that initiative, he understood the reluctance relative to
possible rate increases and the need to provide fiscal responsibility. Today,
he's addressing what he feels is a shortcoming in the proposed goals, in
terms of moral responsibility to future generations, in that nowhere in the
16-page document is there mention of climate change or the City's plans for
addressing it. The only statement remotely related is the need to develop a
plan for compliance of the State's organic waste requirements. There is no
plan that would make Palm Desert a leader in addressing the myriad of
problems created by climate change. He urged the City Council to amend
the document to at least acknowledgment climate change and the City's
willingness to consider in future policy decisions.
Councilman Jonathan is grateful and proud of the City for engaging in a
planning process that is practical and effective. He said the City has a
General Plan that is distilled to a Strategic Plan and is further distilled to a
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document with the following year's goals. He said there are many private
corporations that don't operate as effectively and efficiently as Palm Desert.
While the comments made about climate change and sustainability
resonated with him, he knew Palm Desert has a long history of addressing
sustainability and it will continue in the future.
Councilman Jonathan moved to, by Minute Motion, approve the FY 2020-2021
Goals for the City of Palm Desert, establishing goals for work to be accomplished by City
staff during the fiscal year and allocating staff and financial resources during that period.
Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly,
Weber, and Nestande; NOES: None).
B. CONSIDERATION OF THE APPROVAL OF AESTHETIC ENHANCEMENTS
FOR THE PORTOLA/1-10 INTERCHANGE PROJECT.
Management Analyst Amy Lawrence noted the proposed request is for the
aesthetic design forthe Portola/1-10 Interchange Project. The subcommittee
consisting of Mayor Pro Tern Kelly, Councilmember Harnik, and several staff
members, who spent time consulting with local artist Phillip K. Smith on all
sorts of art and aesthetics that would compliment the bridge, while remaining
consistent with Palm Desert's brand and style. The subcommittee reviewed
many options ranging from small to large scale public art incorporated into
the bridge design, including elegant aesthetic enhancements such as backlit
and rusted corten steel lettering. The committee recommended lettering on
the walls with the option of incorporating public art into the project at a later
date. The artist proposed three font styles and staff recommended Font
Option 2, because the scale and design of the font will be complimentary
both during the day and night. While Font 3 was also an option, the depth
of the lettering could potentially cause maintenance issues with birds and
such.
Mayor Pro Tern Kelly asked about the maintenance issue with Font Option 3.
Ms. Lawrence explained the depth of the lettering for Font Option 3 is
9-inches versus 1'/2 inches with the other options. She said birds can sit on
the inside of the letters on Option 3. Further responding, she said the
subcommittee liked Fonts 2 and 3, and staff is recommending Font Option 2.
Mayor Pro Tern Kelly offered she was still in love with Font Option 3, and she
loved birds. She went on to explain the subcommittee looked at exciting and
artistic options, but the City doesn't have the right time frame or the budget
to do those now. Therefore, the ultimate conclusion was to do something
that would be compatible with a later project where the City can solicit
private/public partnership to fund something significant. Again, she felt Font
Option 3 was much more distinctive and worth the risk.
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Councilmember Harnik agreed, stating she too loved Font Option 3, but
because of the birds and the maintenance required, which may not be safe
to do on an ongoing basis, she opted for Font Option 2.
Ms. Lawrence displayed all the font options and explained their dimensions
and depths.
Councilman Jonathan concurred with Mayor Pro Tern Kelly in that Font
Option 3 stands out literally and figuratively. He believed it was worth trying
it out and making it work, because to him, it was very attractive, especially
the night rendering with the backlit.
Councilmember Harnik wondered if the City might end up with nesting issues
as well, because the letters are 9-inches deep.
Councilman Jonathan suggested small spikes or remediations that can be
implemented to address bird issues. He asked if the artist had any
experience with that sort of thing.
MR. PHILLIP K. SMITH, III, Artist, responded he didn't, but he was sure
there is an answer for those types of issues. He said even a thin cable in
those openings may resolve the bird issue that the signage company can
address. However, everyone here is looking at still images and most people
will be driving 70 mph on the freeway and won't notice the small things.
Councilmember Harnik asked which of the two did the artist felt would be
most easily read.
MR. SMITH responded both could be easily read. He said most are
responding to Font Option 3 because it has a more memorable effect;
something you haven't seen before. Simply by providing more depth, you
are creating a light and shadow experience. Whether the City Council
selects Font Option 2 or 3, he will be happy.
Mayor Pro Tern Kelly moved to, by Minute Motion, proceed with Font Option 3, as
outlined in the aesthetic enhancements signage proposal for the Portola/1-10 Interchange
Project with direction to staff to explore remediations that can be put in place to guard
against bird issues. Motion was seconded by Weber and carried by a 4-1 vote (AYES:
Harnik, Jonathan, Kelly, and Weber; NOES: Nestande).
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NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA A T THE CONVENING
OF THIS MEETING AT 3:00 P.M.
C. CONSIDERATION OF A TEMPORARY WAIVER TO PALM DESERT
MUNICIPAL CODE SECTIONS 9.58.010 AND 9.58.020 (CONSUMPTION
AND POSSESSION OF ALCOHOLIC BEVERAGES ON PUBLIC
PROPERTY) AT THE PALM DESERT AREA CHAMBER OF COMMERCE
LOCATED AT 72559 HIGHWAY 111 FOR FY 2019/2020 AND 2020/2021
EVENTS.
Business Advocate Deborah S. Glickman thanked the City Council for adding
this item to the agenda. When she learned the Chamber was going to be
serving alcoholic beverages at their upcoming events, she wanted to make
sure everything was done properly, so she appreciates the rapid response
to this matter. The Palm Desert Municipal Code states no consumption and
possession of alcoholic beverages at City properties. She asked that
Council authorize the City Manager to execute permits on a case -by -case
basis from the Palm Desert Area Chamber to serve alcohol at the proposed
location. She anticipates one to two requests a year.
Councilman Jonathan complimented staff fortaking this matterthrough June
2021.
Councilmember Hamik moved to, by Minute Motion: 1) Approve a temporary waiver
to Palm Desert Municipal Code (PDMC) Sections 9.58.010 and 9.58.020 (Consumption
and Possession of Alcoholic Beverages on Public Property) for the Palm Desert Area
Chamber of Commerce to hold events during FY 2019/2020 and FY 2020/2021; 2)
authorize City Manager to execute California Department of Alcoholic Beverage Control
permits, as required. Motion was seconded by Kelly and carried by a 5-0 vote (AYES:
Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
None
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XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF AN AMENDED CONDITION REQUIRING
AN IN -LIEU AFFORDABLE HOUSING FEE ON A DEVELOPMENT
PROPOSAL AT PALM DESERT COUNTRY CLUB AND AN AMENDMENT
TO THE OPERATION AND MAINTENANCE AGREEMENT BETWEEN THE
OWNERS OF PALM DESERT COUNTRY CLUB AND THE CITY OF
PALM DESERT, APNs 637-190-021, 637-190-024, AND 637-190-027,
Case No. CZ/PP/CUP 16-280 (PD Holdings, LP, Applicant) (Continued from
the meeting of January 9, 2020).
Mr. Stendell stated the memo on file is a request to continue this hearing to
the meeting of February 27, 2020, to allow continued dialogue to accomplish
the City Council's desires.
Mayor Nestande declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, she left the
public hearing open.
Mayor Pro Tern Kelly moved to, by Minute Motion, continue the public hearing to the
meeting of February 27, 2020. 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 SPECIFIC PLAN AND TENTATIVE
PARCEL MAP 37234 TO SUBDIVIDE 32+ ACRES INTO FOUR (4)
PLANNING AREAS EAST OF MONTEREY AVENUE, SOUTH OF
DICK KELLY DRIVE, NORTH OF "A" STREET, AND WEST OF
GATEWAY DRIVE; AND ADOPTION OF A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT IN ACCORDANCE WITH
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), Case
Nos. SP 16-342 and TPM 37234 (MC Properties, LLC, Applicant) (Continued
from the meeting of January 23, 2020).
Mr. Stendell stated that at the request of the Applicant, they are requesting
the item be continued to the meeting of March 12, 2020.
Mayor Nestande declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, she left the
public hearing ppen.
Mayor Pro Tern Kelly moved to, by Minute Motion, continue the public hearing to the
meeting of March 12, 2020. Motion was seconded by Harnik and carried by a 5-0 vote
(AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
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C. CONDUCT A PUBLIC HEARING TO RECEIVE COMMUNITY INPUT
REGARDING THE CREATION OF BOUNDARIES AND DRAFTING OF
MAPS DEFINING CITY COUNCIL DISTRICTS COMPLIANT WITH THE
CALIFORNIA VOTING RIGHTS ACT.
Mayor Nestande stated the City Council will not be commenting on this issue
at this meeting.
Ms. Aylaian explained this was the first of a series of five public hearings
related to the same subject, which is the California Voting Rights Act (CVRA)
comprising and forming districts for voting in future City Council elections.
She said the CVRA was approved in 2001 and has changed the way cities
across the State have formed districts to conduct their municipal elections.
In June 2019, the City of Palm Desert was served with a lawsuit from two
plaintiffs that allege that by continuing to conduct at -large elections, the City
had violated the CVRA. Although, the City does not believe there is any
record of racially polarized Latino voting within the City, it also acknowledges
no public entity has successfully defended itself against such a charge. In
recognition of the unanimous record of legal rulings against similarly situated
cities in California, and with mindfulness for the expense incurred by a city
should they challenge and persist in such a defense, the City Council
entered into negotiations through their attorneys with the plaintiff's in the
lawsuit. In December 2019, the City Council and Plaintiff's ultimately
reached a resolution and signed a settlement agreement. The key terms of
the settlement agreement were twofold: 1) Two districts would be formed to
represent the City of Palm Desert in future elections commencing in the year
2020; 2) Rank Choice Voting would be employed in each of the two districts
if it was feasible to do so. Since that time, the City has determined it is
feasible to implement Rank Choice Voting and proceeded to conduct public
forums to educate the public and citizens who are interested in future
elections about how Rank Choice Voting and districting will work in the
future. The first purpose of this hearing and the next one, is to discuss and
take input from residents interested in identifying communities of interest and
specific boundaries that would be appropriate for the two districts. Although,
the City Council could accept a solution that involves more than two districts,
those interested in submitting a map for Council consideration and/or
number of districts in any configuration, they can as long as it met the
requirement of the CVRA. Interested parties are encouraged to suggest
boundaries and solutions that comport with the settlement agreement, which
would form two voting districts. At this time, staff recommends the City
Council open the public hearing and take into consideration public comments
given here today and at the next meeting, before deliberations begin. She
pointed out there is one mistake in the timeline in the staff report. The
information is contained correctly on the City's website and the literature that
has been sent out. However, the third and forth public hearings are
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scheduled for March 12 and March 26, rather than in April 2020, which was
erroneously reported in the staff report in the last page. Further, the first two
public hearings are required by law to be held without maps. The purpose
of this public hearing is to receive input that will be used toward forming
maps and proposing those for future consideration. She said the public is
advised that it's appropriate to address at this time what communities of
interest that should not be separated by boundaries into separate districts.
The public is allowed to comment on anything related to the subject of
districting. She said a representative from National Demographics
Corporation (NDC) who has been involved in hundreds of formation of
districts in other cities and agencies around the State will be providing a
presentation to the City Council. She said he represents a wealth of
information and is able to answer questions the City Council may have.
Councilman Jonathan asked for clarification on the public hearing dates.
Ms. Aylaian gave the following timeline for all the public hearings on this
issue as follows:
First public hearing - February 13, 2020
Second public hearing - February 27, 2020
Third public hearing - March 12, 2020
Fourth public hearing - March 26, 2020 - first reading of the ordinance.
Fifth public hearing - April 9, 2020, second reading and adoption of
the ordinance for district voting.
Councilman Jonathan commented he understood these scheduled meetings
will take place and a final decision will not be made any sooner.
Ms. Aylaian said this discussion prompted her to report on the two informal
public forums which were attended by approximately 100 to 120 people. The
purpose of those forums was to provide and educate the public, because
districting is new to Palm Desert and its residents. It was an opportunity for
residents to learn about district voting, the CVRA, the lawsuit and settlement,
and what would be in store with the changes coming to Palm Desert. The
public was informed about the process and when there would be opportunity
for input. She said both meetings were well attended and there were great
discussion and dialogue. She thanked public members that attended them,
and although there were strong opinions and suggestions, each of them was
valid. It is a subject that has engaged the community in which there has been
very good input.
DR. JUSTIN LEVITT, Representative from Nation Demographics
Corporation, noted they have worked with a number of cities and districts
throughout the Coachella Valley, including the cities of Cathedral City, Indio,
Palm Springs, the Desert Healthcare District, Desert Water Agency, and
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numerous others throughout the State. He said every process is a little
different, but they are excited about the enthusiasm and the turnout received
thus far. From the two public forums already held by the City of Palm Desert,
NDC has already received 20 proposals from members of the community for
consideration, which they will show to the City Council after the first two
public hearings. For the first two public hearings, State law requires that
there be no maps, because the purpose is to take testimony regarding where
the lines should be drawn. He welcomed the public to submit their own
proposal by the February 28, 2020, deadline, giving NDC an opportunity to
publish them before the third public hearing (March 12). State law requires
they publish everything no less than a week before the public hearing if the
City Council will be discussing the matter. After the third public hearing,
there will be another opportunity to submit new maps, but the turnaround is
only one day, in order to get them ready for the final public hearing. He
pointed out that for 2021, the City Council will have much more control and
flexibility on timelines due to the State allowing cities that use district voting
to reevaluate their boundaries following the Census. Essentially, Palm
Desert will be holding one election this November using the boundary lines
that are drawn, but in 2022, those boundaries will need to be revised based
on changes in the population as the Census indicates between the 2010 and
2020 Censuses. He said more than 100 cities have made this change from
at -large to district elections over the last decade because of the CVRA.
Mr. Levitt explained that State law ranks the criteria for setting boundary lines
in order of importance that includes federal law, population, districts, and not
creating Gerrymandering racially, keeping boundary lines in one solid area,
areas of interest, future growth, etc. Also, the settlement requires following
the criteria set out by the State of California. Mr. Levitt's provided an
in-depth explanation on districting and how to go about map -drawing and the
things to consider. At the conclusion of his presentation, he encouraged the
public to use the interactive tools in the City's Website to assist in drawing
up a map and submitting to PalmDesert@NDCresearch.com. The City
Website also provides a series of short training videos, start guide, and a
one -page tool reference sheet. The deadline for submitting a map for
consideration is Friday, February 28, 2020.
Ms. Aylaian stated that for more information on districting and the California
Voters Right Act, you can go to reoresenod.ora, where a copy of the
PowerPoint presentations given at last night's public forum and this evenings
public hearing can be found.
Mayor Nestande declared the public hearing ppen and invited public testimony
FAVORING or OPPOSING this matter.
MR. JOE SCARNA said it bothered him as a human being to see that the
City will single out a group of people and put them in a district, and surround
them by the rest of the residents. From a humanitarian perspective, he
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wondered how it will affect the people that would be designated to the
"doughnut hole," area. He wondered if it will encourage Hispanics to move
into that area without looking at the rest of City, creating a different look for
Palm Desert. Therefore, he felt the only fair thing to do is create five
districts, although, he wasn't in favor of districting. Another concern was the
impact to home values. He had to acknowledge the two public forums were
well put together, but residents were discouraged to even think about five
districts, especially when the map they were given to work on excluded Big
Horn and north of Interstate 10 areas.
MS. ESTEELE DAHL, Rutledge Way, Palm Desert, made the remark that a
map doesn't matter when a proposal is inherently unfair. If the current
proposed two district plan is implemented, those living in the targeted area
will have their voting rights limited to electing one councilmember while
everyone in the larger district will have four councilmembers representing
their interest. She said there should be five equal districts, because there is
no reason why five councilmembers from five different districts, who all live
in a small city, cannot work together well.
MR. UDO STRUTYUSKI, Indiana Avenue, Palm Desert, agreed with
Mr. Scarna's comments, because a 4-1 distribution was not equal. He said
we have a complicated distinction without enough of a difference to make the
whole game worth the candle. Based on a previous court case decision,
there was a statement made about, "one person, one vote." Therefore, if
Palm Desert has five councilmembers, it should have five districts.
MS. LINDA SALAS, Shadow Mountain Drive, Palm Desert, said she wished
to clarify she and the other plaintiff recommended districting, but they had no
intention of singling out one little area for one candidate to be voted on into
the City Council. She added it was also not the intent of the California Voter
Rights Act. She said the plaintiff's intent was to open doors to prospective
candidates in all areas of Palm Desert. She explained that dividing the City
into smaller areas would make campaigns more affordable and accessible
to residents, constituents, as well as the candidates. When they produce
candidates signs and tv ads with backing from people with a lot of money, it
makes it almost impossible for others to be in the running. However, if there
are multiple districts, candidates would be more available to their neighbors.
It also makes it possible for candidates to identify the needs of their
community, which is a big reason for why districting is a good way of voting.
MR. FRANK KELTY, Via Granada, Palm Desert, noted he was a one -month
resident of Palm Desert and a former elected official for many years in
Alaska. He attended last night's public forum and it was very enlightening to
him, but his first impression of the breakdown of four councilmembers versus
one councilmember would be a 4-1 vote. He wondered how that would work
if there are competing capital projects, because it's very hard to lobby to get
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two councilmembers to switch. He also worries about general fund projects
like the parks that need to be maintained, but maybe Palm Desert is well off
that it can do two separate project in two separate districts. He personally
was leaning toward the five districts, but understood councilmembers had to
live in that district, so it could cause a lot of grief to the incumbents. If you
lose incumbents, Palm Desert could lose a lot of history. He suggested
expanding the downtown district with more population and requiring two
councilmembers, so the vote can be 2-3, making it easier to lobby for one
more vote. However, he felt there was credence to the five districts.
MS. CB BULLER, Sun Lane, Palm Desert, said she was a resident of Palm
Desert for about 14 months and she loves it here. She wished the City had
begun the community meetings before the two district system was proposed.
She strongly opposes the idea of 20% of the central district having only one
representative for four years when 80% of the residents have four
representatives with two of them elected every two years. This appears to
be setting up a basic inequity in the representation. She's not sure she likes
a five -district system, but she liked what Mr. Kelty said about expanding the
central district so that it has two representatives that they can be elected
every two or four years. The current proposal seems so unfair that most of
the people get to change someone who is not working out every two years
and a small group of people doesn't have that option.
MS. JULIA DiBERNARDO she echoed some of the same sentiments
mentioned by the previous speakers. She said one of the main reasons for
the CVRA is to bring down campaign costs, but two districts do not help
further that effort, adding it's inherently unequal.
MR. WALLY MELENDEZ approached the City Council to say he didn't see
anything wrong with the current system. In other words, if it isn't broke, don't
fix it.
With no further testimony being offered, Mayor Nestande declared the public
hearing closed.
XVIII. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
Legislation on Setting Traffic Speed Limits - reported there is draft
legislation to address the issue of setting speed limits locally. In
researching the 85% percentile (a speed at which 85 percent of
people drive is figured to be the highest safe speed for that road) and
what it means to communities, it was felt that safety was not a priority.
However, if cities don't set the speed limits as instructed using this
85% percentile standard, it's unenforceable. She believes this
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legislation that is being proposed will allow cities to use local
information and logic when setting speed limits. She added that 1/3
of all vehicle accidents is attributed to speeding.
2. SCAG Legislative Summit in Sacramento - attending the Summit
February 18-19, where she will be speaking to the City's
representatives about the platforms that SCAG has established
having to do with housing, climate change, and the results of climate
change.
3. Wildflower Festival at Civic Center Park - announced that the Festival
will be held on Saturday, March 7.
B. Councilman Sabbv Jonathan Committee Reports and General Comments.
1. Customer Service by City Staff - reported that Eddie V's Restaurant
ran into an emergency where they couldn't find their Health
Certificates and he was contacted. He directed them to City staff who
put them in contact with someone that could assist them and the
emergency was resolved. He said Eddie V's has expressed their
gratitude to Senior Development Analyst Wayne Olson and staff in
the Economic Development Department. He thanked staff and noted
this is very typical of how City staff responds to its constituents.
Councilmember Weber agreed with Councilman Jonathan's
comments, noting this past Wednesday, City Manager Andy Firestine
and Associate Planner Kevin Swartz did a 6:00 a.m. walkabout with
concerned residents on El Paseo. She added that Councilmembers
appreciate when residents share their comments with Council versus
The Desert Sun, in order to address their concerns. Thank you to
staff for rising above it all and responding as quickly as they do.
2. Cal State Universitv Subcommittee - noted he and Councilmember
Harnik serve on this subcommittee, and stated that in 1994, Palm
Desert worked with Cal State to create an independent campus in the
Coachella Valley, specifically in Palm Desert by donating 160 acres.
The City has been waiting with patience for Cal State to convert to an
independent campus with a requirement in the contractual agreement
that it is named CSU - Palm Desert. He said the State is finally
moving forward with seriously considering the next independent
campus, which is the good news. However, somehow four other
communities, besides Palm Desert, are being considered. The
subcommittee is strategizing and doing everything possible to ensure
that Palm Desert is the recommended location. The State has hired
a consultant, and the City has meetings coming up with that
consultant where there will be opportunity for stakeholders and
interested residents to support the effort.
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Councilmember Harnik said it was time for the State to stop
neglecting this community for what the real needs are in addressing
housing, homelessness, gangs, low -paying wages, etc. After waiting
a quarter of a century, Palm Desert has worked on this effort and it
needs to be implemented so that the entire community has the
opportunity to receive relevant education.
Mayor Nestande said that if the City is identified as building student
housing on the land, it might get State credits when considering the
location.
Councilman Jonathan replied it's an effort that's already underway.
The subcommittee is looking for ways to create student housing and
it is the recommended next step in the Master Plan for CSU. Further
responding, he said student housing is one of the factors for
consideration, but the committee is accumulating all other sorts of
factors as well. They have looked at the four competitors and he
believed there are many factors that militate in Palm Desert's favor,
including the fact that CSU already has the land and buildings. There
is well over $60 million invested into CSU by the community, private
individuals, and neighboring cities. Additionally, it already has
enrollment, programs, and they are expanding. There is housing
designed for students, in terms of affordability, size, and style. Palm
Desert already has a lot in its favor and the subcommittee will
continue to build on it. However, at the end of the day, these efforts
will need community support and he looked forward to it.
C. Mavor Pro Tern Kathleen Kellv Committee Reports and General Comments.
SunLine Transportation - announced that SunLine, in collaboration
with College of the Desert, has launched a pilot rideshare program,
particularly working with students who have a high transportation
challenge that could get in the way of their academic advancement.
This goal is to start with a small pool so as to refine the app and the
logistics with an eye toward expanding the program and adding a
transportation option at a much less expense than private providers.
She said it was innovative programing and she will keep the City
Council posted on its development.
D. Councilmember Susan Marie Weber Meeting Summaries Report for the
Period of January 11-31, 2020.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
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E Mavor Gina Nestande Committee Reports and General Comments.
None
F. City Council Requests for Action.
Consideration for Youth Committee Appointments - Councilmember
Jan Harnik reported there are not enough attendees to establish a
quorum. Due to the current review of the City's
committees/commission structure and processes, appointment of
members was put on hold. She requested an exception with the
Youth Committee, because there are currently applicants and
alternates hoping to serve.
Ms. Aylaian believed the Youth Committee is treated a little differently,
because they are tied into the school year.
Ms. Klassen stated seats are opened to middle school students
through high school. She said they do operate on the school year
taking the summer off, because many have jobs or internships, and
they are only one-year appointments due to the nature of them being
students.
Ms. Aylaian agreed to look at this issue.
2. Request for Report on Illegal Dumpinq - Mayor Pro Tem Kelly stated
that at her recent CVAG Public Safety meeting there was a
presentation about the extent of illegal dumping of mulch products
from landscaping, particularly in the east valley resulting in fires. She
would appreciate receiving a brief report as to whether Palm Desert
has provisions in its contracts with landscapers that assure or
demonstrate that all the fruits of the landscaping end up in a proper
place.
Mr. Garcia said staff can work on that with City landscapers and with
Director of Community Development Ryan Stendell on the
landscaping companies that work with private/commercial businesses.
3. Request to Waive the Candidate Statement Deposit - Councilmember
Susan Marie Weber stated the four times she ran for City Council, the
deposit fee was a challenge for her. She hopes the City Council will
consider a nominal or no fee, instead of the $750 that is requested.
Ms. Klassen clarified the City doesn't charge a fee to file for City
Council, but there is a Candidate Statement Deposit, which is an
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optional item for those wishing to run. The deposit is set by the
Registrar of Voters, because the City consolidates its elections. The
deposit is set and based on the number of registered voters,
anticipated number of candidates that will run, cost of printing and
translation services, etc. Typically, the deposit is set high enough that
candidates get a nice portion of it back. She said the City Council
could consider it as some cities do pay for the Candidate Statement
Deposit.
4. Request for Modification of School District Boundaries -
Councilman Jonathan stated Palm Springs Unified School District has
a site in the University Park area, and this has come up frequently. in
conversations, because there are sites being developed all around it.
It has occurred to some that having schools within one City, but under
different school districts is not an optimum situation. The City looked
at this issue a long time ago, but he felt it was time to revisit. He said
the City has staff that thinks outside the box, so he suggested
revisiting the issue of a boundary modification that would result in the
entire City of Palm Desert being exclusively in Desert Sands Unified
School District. Further responding, he said the process would
include the County and typically starts with residents, but there are not
many in that area. He asked that staff explore the current procedure
and determine if there are alternatives where Council can address the
issue now, certainly, before Palm Springs builds a school out there.
Ms. Aylaian agreed this issue has been visited in the past, but staff
can look into what the procedure is now and if it has changed.
Councilman Jonathan added that staff look into creative alternatives.
He wasn't placing a timeline on this request, adding this issue has
been around for a number of years.
5. Request for SunLine Transportation Aaencv Presentation -
Councilman Sabby Jonathan noted General Manager/CEO
Lauren Skiver from SunLine made an excellent presentation at the
Desert Valleys Builders Association, stating it was very informative.
It caused him to realize how little he knew about what SunLine is
doing and all nine cities are members of the Joint Power Authority,
including Palm Desert. He learned that they take in $3 million in
fares, but operating expenses are $42 million. It left him with a lot of
questions and a lot to learn. He said if his colleagues were interested
in learning more about SunLine, the City could have a study session
where they can come and educate the City Council and/or an
opportunity to ask questions.
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DRAFT
FEBRUARY 13, 2020
Mayor Pro Tern Kelly explained that the ratio mentioned by
Councilman Jonathan is completely typical of public transportation.
This is something the Federal and State Government has made a
commitment to funding both for the sake of the environment and to
make sure people have essential mobility to raise themselves with
education and employment. She was also aware of Lauren's
intention to make her rounds and provide a presentation at the
beginning of one of the City Council meetings. She said Council may
want to wait for that presentation and see if it warrants a study
session.
Councilman Jonathan felt a five-minute presentation may not be
adequate, because he had a lot of questions. For example, taxis' are
on their way out, because society found a better solution like
ridesharing, and he thought buses should be on their way out. He
embraced the objectives and their purposes, but he wants to have a
discussion about where it's headed.
Mayor Pro Tern Kelly responded that the rideshare program she
mentioned earlier is being staffed through the taxi companies.
SunLine is designated as the regulator of the taxi companies.
There was a consensus on the Council to wait for the presentation
and see if a study session is warranted.
G. City Council Consideration of Travel Reauests/Reports.
None
XIX. STAFF REPORTS AND REMARKS
A. City Manager
Citv Manager's Meeting Summaries Report for the Period of
January 13-31, 2020.
With City Council concurrence, the Meeting Summaries Report was received
and filed.
2. City Staff Volunteers - she thanked City staff who volunteered and
turned out at the two public forums on district voting. Staff did
everything from welcoming the public, serving pizza, setting and
cleaning up, or serving as facilitators and keeping a civil dialogue at
their assigned tables. The City Council was not able to see it, but
staff did an excellent job of representing the City and Council would
be proud.
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B. City Attorney
None
C. City Clerk
None
D. Public Safety
1. Fire Department
None
2. Police Department
None
XX. ADJOURNMENT
DRAFT
FEBRUARY 13, 2020
With City Council concurrence, Mayor Nestande adjourned the meeting at 6:00 p.m.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
GINA NESTANDE, MAYOR
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