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X
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MARCH 26, 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 3:06 p.m.
II. ROLL CALL
Present:
Councilmember Jan C. Harnik (teleconference)
Councilman Sabby Jonathan
Mayor Pro Tern Kathleen Kelly (teleconference)
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
Janet M. Moore, Director of Finance/City Treasurer
Stephen Y. Aryan, Risk Manager
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)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2020
A. 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
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 at 3:09 p.m. She reconvened the meeting at 4:08 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Mayor Gina Nestande
VII. INVOCATION/INSPIRATION - Councilman Sabby Jonathan
VIII. AWARDS AND PRESENTATIONS
None
IX. ORAL COMMUNICATIONS - B
Mayor Nestande responding to requests from citizens about what the City is doing
with regards to the Coronavirus/COVID-19 pandemic, said staff and
Councilmembers are trying to navigate the coronavirus pandemic and it's impacts.
She reassured residents that while City Hall might be closed, staff continues to
provide information and core services to the public. Palm Desert's police and fire
are fully operational and responding to calls for service. Public safety officials are
in daily contact with the City and keeping Councilmembers informed of any special
needs or circumstances. Council is in constant contact with staff as the top priority
continues to be Palm Desert residents, and of course it's neighbors. She said first
responders are committed to the safety and protection of residents and they will
continue to meet the demand for services in this challenging and unprecedented
time. She's been hearing concerns from constituents about the availability of food
and groceries and other necessities. However, an informal survey of grocery and
club stores in Palm Desert revealed that while it might be difficult now to find select
paper products, dry goods and canned item, there is still plenty of fresh produce,
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MARCH 26, 2020
dairy, and other items. Also, many restaurants now have an abundance of food
available and many of them have converted to providing take-out or delivery. The
Palm Desert's Certified Farmer's Market is now open every Wednesday from
8:00 a.m. to 12:30 p.m., and they are located at Entrada Paseo near the Chamber
of Commerce. A quick message from the California Grocers Association is that
there is plenty of food, adding no one is going to starve here in this great Country.
She said COVID-19 pandemic has caused demand to surge for a number of
grocery items, but residents should only buy a week's supply, because there was
not need to hoard. As the situation progresses, staff will continue to monitor
everything that is being done in Palm Desert. Information about what is happening
and much more is available on the City's website: citvofoalmdesert.orq, adding staff
made it easy to find what you need to know from the County and the Governor's
Office. At the top of the City's home page, there is a red banner directing you to
click thereto find out what the latest on COVID-19. If anyone has a problem getting
online, you can call her office or City Hall, leave a message and a staff member will
return your call.
X. CONSENT CALENDAR
PALM DESERT CITY COUNCIL
A. MINUTES of the Regular City Council Meeting of March 12, 2020.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINSTTHE CITY TREASURY- Warrant Dated
3/6/2020.
Rec: Approve as presented.
C. PARKS AND RECREATION COMMISSION Meeting Minutes for
February 13, 2020.
Rec: Receive and file.
D. LETTER OF RESIGNATION of Barbara (Bobbie) Rosenberg —
Library Promotion Committee.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
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E. REQUEST FOR ADOPTION of Resolutions, Setting Forth the City Council's
Findings and Authorizing the Destruction of Paper Records that Have Been
Digitally Imaged From the Department of Building and Safety, to Rely On the
Electronic Record as the Official Record.
Rec: Waive further reading and adopt Resolution Nos.: 1) 2020-25 -
May 2019 Records; 2) 2020-26 - June 2019 Records; 3) 2020-27 -
July 2019 Records; 4) 2020-28 - August 2019 Records; 5) 2020-29 -
September 2019 Records; 6) 2020-30 - October 2019 Records;
7) 2020-31 - November 2019 Records; 8) 2020-32 - December 2019
Records.
F. RESOLUTION NO. 2020-33 - 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 — Paper Files Dated 1980-2016 (Exhibit "A").
Rec: Waive further reading and adopt.
G. RESOLUTION NO. 2020-34 - A Resolution of the City Council of the City of
Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Records that Have Been Digitally Imaged from the
Department of Community Development, to Rely On the Electronic Record
as the Official Record - Paper Files Dated 1988-2017 (Exhibit "A").
Rec: Waive further reading and adopt.
H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C38830 -
EI Paseo Pedestrian Improvements Project (Project No. 810-20) (Elecnor
Belco Electric, Inc., Chino, 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.
REQUEST FOR APPROVAL of a Reimbursement Agreement with the
City of Rancho Mirage for the Rehabilitation of Monterey Avenue from the
Whitewater Bridge to Country Club Drive (Contract No. C39920A, Project
No. 752-19).
Rec: By Minute Motion, authorize the Mayor to execute a Reimbursement
Agreement with the City of Rancho Mirage for the rehabilitation of
Monterey Avenue.
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2020
J. REQUEST FOR APPROVAL of Temporary Construction Access Easement
Agreement with Desert Community College District for Construction of the
CV Link Project (Contract No. C38840E, Project No. 707-20).
Rec: By Minute Motion, approve/authorize: 1) Subject Temporary
Construction Access Easement Agreement with Desert Community
College District for Construction of the CV Link Project;
2) City Manager to execute same.
K. REQUEST FOR APPROVAL of Final Parcel Map No. 37488
(Desert Hospitality Group, Applicant).
Rec: Waive further reading and adopt Resolution No. 2020-35, approving
Final Parcel Map No. 37488.
L. REQUEST FOR APPROVAL of Final Parcel Map No.37781
(Sandy Investments, Applicant).
Rec: Waive further reading and adopt Resolution No. 2020-36 , approving
Final Parcel Map No. 37781.
M. REQUEST FOR APPROVAL of the Donation of John Richen's Sculpture To
Be Included in the City's Permanent Public Art Collection.
Rec: By Minute Motion, approve/authorize: 1) Acceptance of the donation
of John Richen's sculpture to the City's permanent Public Art
Collection from Ms. Pat Kopp; 2) Mayor to sign Deed of Gift to City of
Palm Desert Form; 3) expenditures of up to $1,500 for costs
associated with installation of the sculpture — funds are available in
Account No. 4364650-4400100.
N. REQUEST FOR APPROVAL of Alcohol Concessions at the 2020 Spring
Concerts In The Park.
Rec: By Minute Motion, approve a temporary waiver of Palm Desert
Municipal Code (PDMC) Section 11.01.080(W) -
Possession/Consumption of Alcohol on City -owned Property,
pursuant to PDMC 9.58.040 for the 2020 Spring Concerts in the Park.
O. FEBRUARY 2020 REPORT from the Emergency Services Coordinator.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
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SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
P. MINUTES of the March 12, 2020, Regular Meeting of the Board of Directors
of the Successor Agency to the Palm Desert Redevelopment Agency.
Rec: Approve as presented.
Q. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY -
Warrant Dated 3/6/2020.
Rec: Approve as presented.
PALM DESERT HOUSING AUTHORITY
R. MINUTES of the Housing Authority Meeting of March 12, 2020.
Rec: Approve as presented.
S. HOUSING COMMISSION MINUTES for the Meeting of February 5, 2020.
Rec: Receive and file.
Councilmember Harnik requested items D and O be removed for separate
consideration under Section XI, Consent Items Held Over.
Upon motion by Weber, second by Jonathan, and 5-0 vote of the City Council
(AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None), the remainder of
Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
D. LETTER OF RESIGNATION of Barbara (Bobbie) Rosenberg —
Library Promotion Committee.
Councilmember Harnik stated Ms. Rosenberg resigned from the Committee
because she was downsizing and moving out of the area, which is
understandable. However, Ms. Rosenberg declined any kind of memento
that normally Palm Desert gives to its volunteers for their years of service.
She asked if a letter can be sent to Ms. Rosenberg from the Mayor
expressing how much her volunteer efforts are appreciated, adding she
served for more than 20 years. Mayor Nestande said it was a wonderful
suggestion and to consider it done.
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Councilmember Harnik moved to receive with very sincere regret Ms. Rosenberg's
resignation. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Weber, and Nestande; NOES: None).
O. FEBRUARY 2020 REPORT from the Emergency Services Coordinator.
Councilmember Harnik said the City has benefitted by this effort of having an
Emergency Services Coordinator. In reviewing the report one can see all
that has been done with community outreach and City internal activities,
adding it's truly impressive. She noted the future activities outlined in the
report are important and relevant, however, the City should not be limited to
only those listed. In going through this current crisis, staff will be able to
provide valuable input for future activities.
Councilmember Harnik moved to, by Minute Motion, receive and file the February
2020 Report. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Weber, and Nestande; NOES: None).
XII. RESOLUTIONS
None
XIII. ORDINANCES
A. For Introduction:
None
B. For Adoption:
ORDINANCE NO. 1355 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND
UPDATING VARIOUS SECTIONS OF THE PALM DESERT
MUNICIPAL CODE.
Mr. Hargreaves noted this item was before the City Council at the last
meeting, at which time, there was a request to add "qualified," in front
of designee as far as the City Manager is concerned. He said staff
has made the change and is recommending approval.
Councilman Jonathan moved to waive further reading and adopt Ordinance
No. 1355. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Weber, and Nestande; NOES: None)
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XIV. NEW BUSINESS
MARCH 26, 2020
A. CITY MANAGER REPORT AND POTENTIAL REQUEST FOR DIRECTION
IN RESPONSE TO THE CORONAVIRUS/COVID-19 PANDEMIC.
Ms. Aylaian stated the City Council was provided with a written status report
briefing on what has been happening at City Hall relative to the
Coronavirus/COVID-19 pandemic. She noted that copies of the memo were
available to the people in the audience. She proceeded with her PowerPoint
presentation that included the National Conditions and daily new cases
reported in the United States as of March 24, 2020; the Local Conditions in
Riverside County; and Impacted Coachella Valley Residents statistics. As
part of her presentation, she plans to review the City's financial condition
before the pandemic, the work accomplished to date since March 17, 2020,
when the City declared an emergency, and the recalibration of the City's
goals for the coming year. After the presentation, she will provide
opportunity for City Council to give direction or input on how the affairs have
been managed.
To date, the followinq work has been accomplished:
• On March 17, 2020, the existence of a local emergency was
proclaimed due to the COVID-19 pandemic under the City Manager's
authority.
• Ratified the proclamation of a local emergency by adopting Resolution
No. 2020-24, which was passed on March 28, 2020, by the City
Council at a Special Meeting.
• Closed City Hall to the public, except for the matter of conducting City
Council meetings.
• Followed State and County orders to minimize the spread of
COVID-19 by closing the Aquatic Center, Desert Willow Golf Course,
Portola Community Center, and cancelling all Committee/Commission
meetings, any gatherings with more than 10 people, special events in
the park, and State of the City Luncheon where the Mayor would have
provided her vision for the coming year. She said many of these
items will be scheduled for a future date when the City is able to
resume normal operations. Also, Fashion Week and the Art of Food
& Wine events were cancelled. Staff has taken a number of steps to
limit the potential exposure of the residents, visitors, and businesses
to the coronavirus.
Palm Desert's government is up and operating by maintaining all
essential services. The City is responding to police and fire calls,
request for building inspections, service for roads, and code
compliance services.
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• Staff is personally responding to hundreds of phone messages and
emails from residents and businesses.
• Staff has made technology advancements and upgrades in City Hall
within the past week. Staff is learning to use the resources available
to conduct conferences and meetings remotely. The IT Department
is providing webcams or laptops to staff in order for them to work
and/or participate in meetings and conferences.
• Accelerated implementation of online services, focusing on work
needed to resume plan check and permitting of development projects.
This is an area where the City does not have capabilities for people
to submit more than a couple of minor plans online, but IT and
Assistant City Manager Andy Firestine will continue to work on this.
• Paused or curtailed discretionary purchases using monies that would
have come from the General Fund. Each purchased is being
reviewed on a case -by -case basis.
• Commenced revising the 2020/21 budget to reflect a 20% reduction
on previously projected revenues. The scheduled budget study
sessions for April and May have been cancelled, as the revenue
projections will definitely be impacted by COVID-19. Staff is starting
over in preparation of the budget for next year, therefore, new budget
study session dates will be made. She said staff is taking a step back
to revisit expenditures and revenue predictions for next year.
• Formed a task force to assist and support local businesses, focusing
initially on providing information and resources, including information
from the Federal Government. Staff is working on some of the things
that are quicker and easier, for instance, temporary signage and
waivers from the current ordinance that is very restrictive.
• Deferred wherever possible the production of public records
requested under the Public Records Act. This is being reviewed on
a case -by -case basis in determining whether they are time critical.
• Paused ongoing recruitment efforts for nine vacant positions, which
is almost 10% of the workforce. It was decided to suspend all
recruitments for positions until further notice.
• Filed the forms with FEMA (Federal Emergency Management
Agency) for the disaster declaration and potential reimbursement.
• Enacted a 90-day extension for business licenses that was due to
expire, including an extension of payment for the Transient
Occupancy Tax, which is due on a monthly basis. The extension will
allow people time to mail in their payment.
• As of yesterday, the City launched a web page of information and
resources on the pandemic and its implication for Palm Desert
residents and businesses. It has also dramatically increased social
media presence and launched a City of Palm Desert Twitter account.
She pulled up the City's website and displayed it to illustrate the types
of information available. She gave special acknowledgment to both
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the IT Manager Clay Von Helf and Public Information Officer David
Hermann for immediately going to work on this. What they were able
to accomplish on such short time is remarkable and she hopes that
residents and businesses will turn to this web page for information
and referrals. Mayor Nestande said there is a red banner at the top
of every single page of the City's website that takes you directly to the
information on COVID-19. Ms. Aylaian pointed out the City did not
have on staff infectious disease experts or technical experts in the
field, so staff is relying on the advice and guidance of the Riverside
County Public Health Officer and the State of California who is
providing directives and recommendations. In general, the City is
asking residents to follow the recommendations of the Public Health
Officer and to contact them if they have questions. The City's website
provides contact information for the officials or the Center for Disease
Control.
Assessment of Financial Condition:
In September 2018, the City Council took a lump sum General Fund reserve
and divided it into eight separate categories as noted in the memo and here
below as well.
Committed to:
Capital Improvement Projects Reserve
12,534.707
Facilities Maintenance Reserve
16,112.69C
(From Reserve Studv)
Liability Reserve
4,000,00
Other Fund Stability Reserve
5,553,00
Emergency/Contingency Reserve
12,134.74
Employment Benefits Reserve
8,862.08
Economic Development/Land Acquisition Reserve
2,000,00
Total Committed
61,197,22
She explained that the Emergency/Contingency is reserved for exactly cases
like this. This is for when there is a disruption of operations due to an
emergency, whether that is a fire, earthquake, or in this case, a pandemic.
The money is set aside to help during the recovery period when the
revenues normally received are in jeopardy. Because this pandemic directly
impacts the economy and the basis of Palm Desert's revenue, which is
largely Transient Occupancy Tax and sales tax, this is the reserve staff will
be looking to continue operations to the greatest extent possible. Although,
it's tempting to look at the bottom line to see there is $61 million, she
encouraged Council not to look at that number and/or lump all these
reserves together. However, the City Council could choose to move money
from one fund reserve to another, there is math and science behind the
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establishment of the reserve in each of these accounts and taking from one
will increase the risk to potential concerns and weaknesses in other areas.
Mayor Nestande recalled the City has $100 million in reserves.
Ms. Moore explained there are other monies in reserves, but they are
restricted funds. What is being shown here is General Fund reserves that
Council set aside for specific purposes. Although, they are committed funds,
they are not restricted.
Predicted revenue and expenditures for 2019/20:
Ms. Aylaian stated that about three weeks ago, the Finance Department had
predicted there would be $60.6 million in revenue this fiscal year. With about
1/4 of the fiscal year to go, staff has identified that the City's revenue was
going to fall significantly short. At this point, the estimate will be closer to
$55.6 million, which is $5 million short of what was anticipated. Expenditures
are more difficult to nail down, but Assistance Finance Director Luis
Espinoza has provided her with a meticulous spreadsheet to make some
projections. Every time there is a new directive from the Governor or the
public health officials from the County, we learn that different businesses
have to close or operate differently, which impacts the City's revenue.
Therefore, staff has to recalculate, sometimes two or three times in a week,
to make their best predictions. Some of the identified areas where there is
potential for savings for both 2019/2020 and 2020/2021 are as follows:
Leaving vacant the current job openings. The idea here is to achieve
a 10% reduction in staff simply by not filling vacant positions. It also
meant the flexible, intelligent, and hard-working staff will have to learn
to do things differently in order to fulfill functions they didn't do before,
because the goals and priorities will change. Happily, she believes
the City has just that staff. At this point, she is recommending not
filling the vacant position and reorganize and restructure the existing
team to address the issues being confronted due to the pandemic.
Reduce City Hall operations to four days (32 hours) per week. She
said Council may recall that during the recession in 2008, a number
of neighboring cities furloughed staff one day a week. Although, a
furlough can provide cost savings, it significantly impacts the
availability of City services to residents. At this time, she couldn't give
Council the percentage of the savings.
She noted salaries amounted to $11.1 million a year. Therefore, even if you
eliminate all staff, the gap between expenditures and revenues would not be
covered. She said Palm Desert staff is relatively a small portion of the
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budget, because the majority was for police and fire services, which is the
reason why she is recommending a restructuring and reprioritizing of some
of the goals.
• Temporarily suspending the Traffic Enforcement team, and potentially
the K9 Officer position.
• Discontinue the contractually provided Fire Marshall services. The
City of Palm Desert, a number of years ago decided to go above and
beyond the Fire Marshall services by paying a premium of $500,000
to have those additional services at City Hall. She is contemplating
having basic Fire Marshal services out of the County Fire Services
office on Washington Street, so there would be no need to send
people to Riverside. She said there is lead time required requesting
a change in services with the public safety contract. If Palm Desert
wants to remove the extra Fire Marshall services, it takes at least a
120-day notice. Palm Desert is required to give the County a
one-year notice if it wants to reduce sheriff services. One year ago
when the City approved their contract, it gave notice that it reserves
the right to reduce services during the coming year, so that option is
available. However, because the end of the fiscal year is so close,
Palm Desert doesn't have a lot of room with the public safety
contracts for making changes and effectuating a change in its
expenditures on short order. The long and short is that staff
anticipates it will be ending this year with revenues several million
beneath what the expenditures will be. Therefore, the $12 million
emergency contingency will be used to help balance the two funds.
Recalibration of Goals for Fiscal Years 2019/2020 and 2020/21:
Ms. Aylaian stated Palm Desert is a very intentional City in that everything
it does is part of a plan that includes individual tasks to achieve the City's
vision. At the beginning of this calendar year, the City Council adopted goals
for Fiscal Year 2020/21 while it was wrapping up goals for the previous year.
She said some goals will need to be changed dramatically due to the
pandemic, even if the crisis were to end tomorrow. The list of things she is
recommending to postpone is a start, but it may not be sufficient to get the
City to where it needs to be to balance the budget in future years. Many of
the following goals listed are labor and resource intensive and/or too costly:
• Neighborhood traffic calming study.
• Design and construction of a Discover Palm Desert Visitor Center.
This was to be funded through a bond, but the $2 million source still
had to be identified.
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• Development of concepts for the redevelopment of Westfield Mall to
a more sustainable land use. At this point, Westfield will not be
considering uses that would change until they are more certain about
the future.
• Website redesign. She said the current one is functional, and on
short notice, staff can make needed changes when appropriate.
• Design and construction of parklets on El Paseo.
• Outreach and funding mechanism for Rule 20B undergrounding
projects. She's requesting this item be postponed unless a specific
neighborhood comes to the City with plans and evidence they are
able to garner support in their neighborhood.
• North Sphere Park master planning.
• Postpone the remodel of the City's Council Chamber, which was
going to be paid largely from the General Fund. She said this turned
into a bigger project, and it's important because this is where the
public comes to meet the Council, including those with mobility issues.
In the meantime, the City is still able to conduct business in this
meeting room with people participating remotely if needed. This is a
highly desirable project, but not a necessity. Staff will go ahead with
the modifications to the parking lot to allow people with wheelchairs
easy access to the Council Chamber.
Proceed as scheduled with the followinq:
• CV Link project with the exception of the Hovley link portion.
• Local Roads Safety Plan. Staff is recommending completing the plan,
but not the projects themselves.
• Analysis of the impacts of regional policing and potentially joining
neighboring cities for a regional police force rather than contracting
individually. Now more than ever it's important to complete this study.
• Phase 2 of San Pablo Avenue Improvements. She said Phase 1 is
under construction and expected to wrap up shortly. Phase 2 is under
design and should be ready to go out to bid to begin construction later
this year. For Phase 2, the City has some amount of funding
necessary that's coming through grants. Although, this is not a
complete necessity, it's so central to the core attempts to create a city
center. She said it was important to proceed with this project.
• Design for a Haystack pedestrian crossing. This item is a goal for this
year, and because it has a public safety issue component attached,
she felt it was necessary to proceed with this one.
• Alessandro West (formerly known as Alessandro Alley) is ready to go
out to bid. The City was wrapping up on the right-of-way acquisitions.
She said it was possible to not do this project, but it doesn't make the
cost go away, because there are commitments to some of the
neighboring properties to construct a block wall.
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The following proiects require further studv before makinq a
recommendation:
New marketing plan for Economic Development Incentive Plan. This
was a goal where it had $100,000 for the program. This was an item
where the City Council felt it needed to be marketed, which staff
agreed. However, the incentive plan needs to be looked at more
closely. She's thinking at looking at other economic incentives being
made available by the Federal Government and other sources in
response to the pandemic. The City may want to revisit or readjust
some of its incentive, adding this item needs more study at this point.
Construction of President's Plaza could require up to $2 million from
the General Fund. She noted the City has a long-standing
commitment to the community to perform these upgrades. However,
what is happening and what has been seen in other Valley cities
and/or by Coachella Valley Association of Governments (CVAG) over
the last two or three months, is that construction prices are coming in
higher than originally envisioned. Therefore, staff wants to study this
further before making a recommendation.
Work areas identified as beina necessarv. but were not previously
included in the plans and goals for the 2020/21 Fiscal Year.
Ms. Aylaian explained that the following list is due to timing and the current
pandemic situation:
Lobby for Cal State campus development. Originally, when this was
listed as a goal, staff was unaware there would be an evaluation of
Palm Desert as a potential location for a fully supported Cal State
campus. Now that it's known, staff has been spending a lot of
resources, lobbying, and trying to strategically depict to the decision
makers the viability and promise for the potential of a campus here in
Palm Desert. She believed this was important to the future of Palm
Desert and the entire Coachella Valley, so it will need to continue to
be a goal and will require assignment of resources.
Strategic reduction in number and cost of special events (short and
long term). She believed this is where staff will strategically express
to the community how special they are and how happy the City is to
have them live or visit Palm Desert, by creating events that can be
done cost effectively.
Reorganization and redeployment of current staff to most efficiently
execute revised priorities without filling any of the nine positions
currently vacant.
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In a nutshell, she said this will be part of an ongoing plan to keep the City
Council briefed on what its doing in response to the COVID-19 pandemic.
Obviously, conditions change on a daily basis, and if Council has specific
questions, she encouraged them to communicate with her directly. This item
was agendize as information to the City Council and/or direction, in
particular, to the ones relating to the Fire Marshall's services, President's
Plaza, CV Link, or other things the City should be doing in response to the
pandemic. She noted other cities and agencies are looking at a moratorium
ordinance for renters. Staff has been keeping tabs on it, but so far, it does
not seem to have a high demand from either residential or business renters
in Palm Desert. She asked the City Council if they had questions,
comments, or suggestions where staff can focus their efforts to help
businesses or residents during this very unusual circumstance and time.
Councilmember Weber appreciated the time put into this memorandum,
stating Council is well aware the budget had to be revisited and it will entail
a lot of work. She wondered if the City Manager was contemplating holding
a study session to review all these goals.
Ms. Aylaian said it would be appropriate to have a study session, but she
was not prepared to do that for another 30 to 60 days. In the meantime, she
welcomed Council's comments and input at this time.
Councilmember Weber offered that she agreed and concurred with the City
Manager's recommendations.
Mayor Pro Tem Kelly expressed great appreciation for the City Manager and
staff for responding in the Palm Desert style, commending the work that has
been done. The report received is consistent with the City Manager's
presentation just given, which was helpful. However, she has a process
concern about using general feedback now to either proceed or halt some
of the items identified in bullet points. These important initiatives previously
approved by Council will require an agendize opportunity to make
adjustments to the goals as soon as feasible. Although, all of the bullet
points are of immense importance, it would not be appropriate to make
inconsequential decisions based on the information they have before them
for the feedback they are able to give at this time. However, since the City
Manager requested feedback, the following items under the topic
"recommended for postponement," struck her as having increased
importance because of the current pandemic: 1) Definition of the scope,
budget, purpose of a broadband fiber master plan; 2) Updating of the
municipal code for evolving wireless cellular technology; 3) Issuance of a
Request for Proposal for affordable housing project; 4) Development
concepts for the redevelopment of Westfield Mall to a more sustainable land
use; 5) continuation of the Build Palm Desert staff development program.
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Now, under the "Proceed as scheduled," category, her sense is that the
public would not be pleased to see resources put into Phase 2 of San Pablo
Avenue. She noted her colleagues might feel differently, including her,
unless she had detailed information that shows how much of the funding
could not be shifted and/or could be better used elsewhere. Her thought
about President's Plaza is that as the City emerges from this challenge, an
expenditure which helps El Paseo merchants should be looked upon as
extremely favorably, because anything the City can do to bring businesses
back will be helpful. Her personal response in terms of President's Plaza is
that the City should not be quick to take it off the table.
Councilmember Harnik agreed and concurred with Mayor Pro Tern Kelly's
comments, because Council and staff spent a greater part of a day coming
up with the goals and priorities of the City. She suggested a healthy few
hours for a study session in order to have a complete discussion regarding
this issue. To receive a memo with a list of what will or won't be done,
doesn't allow Council to offer input received from constituents to the process.
She believed a complete discussion was absolutely necessary in the form of
a study session in the next few weeks, stating it provides Council time to
think about other things it may or may not pull back. The experience of this
event will also be greatly beneficial to the process, stating the City shouldn't
move to quick, but rather put everything on hold for now.
Councilman Jonathan questioned why the City Manager was requesting
holding off on the Hovley Link portion of the CV Link.
Ms. Aylaian explained that the plans are currently not ready, and it's a matter
of internal staffing resources for oversight of construction of projects. She
said the City was down two senior engineers and one inspector. Given the
City is considering not filling positions and makes do with what it has, existing
staff will not be able to manage them, including the consultants that were
hired to manage other projects. Therefore, she viewed this as not being as
high of a priority. Additionally, the design, which is being overseen by CVAG,
is not ready to go out to bid.
Councilman Jonathan asked what would be the downside for not proceeding
with the Alessandro West project.
Ms. Aylaian stated that if the City decided to do it next year, prices could be
higher. She noted the City, at least once, had to redesign because code and
conditions had changed. One of the issues is that staff has represented to
residents and property owners, from whom the City purchased property, that
a wall would be built, and that was a couple of years ago. In the meantime,
those residents are dealing with makeshift fences.
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Councilman Jonathan asked if General Funds would be used for its entirety.
Ms. Moore explained there are certain things within the project that cannot
be funded by the one source for the rest of the project, to the extent that the
amount is unknown at this time. She said the amount coming from the
General Fund could be anywhere from $250,000 to $500,000.
Councilman Jonathan addressing the lobbying for Cal State campus, asked
for the possibility of continuing efforts, and to at least determine if the State
is intending to move forward with an independent campus at this point.
Ms. Aylaian responded staff had no idea what the recent conditions have
done to the State's plans. This is an item where if the City hires a lobbyist
or it's done internally, it wouldn't be a great deal of money, but it is staff
intensive. She said staff is trying to identify the State's intent and ability to
move forward with a 24' campus.
Councilman Jonathan commended Ms. Aylaian on her memo and
presentation, stating it was an amazing and useful update. He hopes to
continue receiving updates, probably not as in-depth, questioning what would
be the best way to continue getting information going forward.
Ms. Aylaian pointed out the City's website is up and running where she will
be providing information and resources. She will also make brief written
reports on a weekly basis to the City Council.
Mr. Hargreaves added that the Governor's orders allow cities to convene
where the City Manager can provide information and ask questions. It's not
a format to make decisions, but it does allow for exchange of information
timely and relatively easily.
Councilman Jonathan agreed with his colleagues' comments, stating he is
grateful to see the City responded and how staff stepped up to the plate. He
said Palm Desert has taken a measured and practical approach in
responding to this crisis, noting other cities responded in a panic mode. He's
pleased Palm Desert is addressing the needs of residents, businesses, and
development community in a pragmatic manner. In terms of where to go
from here, as difficult as it is, he concurred with the City Manager's
recommendation as outlined in the memo. He said the Country was in a
state of emergency as already declared by the Governor. He believed Palm
Desert needed to act now and be responsive and agile to the current
pandemic. The good thing is that the City Manager's recommendations are
not permanent, including the goals set by the City Council. The City
Manager is recommending practical, in many cases, financially necessary
postponements. If the City is lucky for the coronavirus to flatten in the
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coming weeks, staff will be able to limit its postponements for one or two
months. He's comfortable the City is not changing or deleting goals, but
instead is undertaking necessary and practical postponements. In terms of
the Fire Marshall services, he believed the City needed to take the steps
recommended by the City Manager. President's Plaza is a difficult one,
because it involves many stakeholders and expectations were set, however,
a postponement was understandable. He added these are unique and
unusual circumstances, but after all, this entailed City funds. Finally, the City
Manager is recommending moving forward with CV Link and Phase 2 of San
Pablo, which he felt was important to do so, because it was not creating
negative impacts in terms of staff and general funds. He concurred with the
City Manager's recommendations as set forth in the memorandum and he
was in favor of moving forward quickly, given this literally is a state of
emergency.
Mayor Nestande thanked the City Managerfor providing detailed information,
and concurred with everything outlined as financially necessary under the
circumstances. She will followup via email with the City Manager for
feedback on each of the items, but for now, she agreed with the
recommendation on the Fire Marshall services as that will be a huge savings.
With regards to President's Plaza, she recalled discussions on the different
types of designs, some costing more than others. Therefore, consideration
could be given to doing away with the parklets and keeping as many parking
spaces as possible, which may save one or two million. She is an optimist,
so hopefully this shelter in place order will be removed sooner rather than
later. As already mentioned by President Trump, hopefully by Easter, which
will have a profound positive financial effect if that is the case. In the interim,
it would be good to have a study session.
MR. KIM FLOYD, Sorrento Court, Palm Desert - Mr. Floyd's email was read
into the record as follows: He asked the City Council to give full consideration
to actions under the authority of this City to protect and safeguard the
well-being of the low- and moderate -income residents. This would include
eviction protection, utility cutoff protection, and possible waiver of City fines,
tickets, and other fees.
Mayor Pro Tern Kelly stated it was a fact that almost everything has been
placed on hold for the last two weeks, requiring staff to completely redirect
themselves, and it's understandable that conditions might persist for another
two- to four -weeks. However, before some of these items became bullet
points, they were accepted as defined and approved goals. Therefore, she
believed a fuller discussion needed to take place. The nature of this
emergency should not diminish democratic input, but actually increase,
stating it's not suitable to try to conclude a conversation about it this evening,
because the City Council only has bullet points without the facts. She
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reiterated the importance for more in-depth consideration of what goals
should move the 2021 financial year and Council needs to step up as the
representatives of the people and reshape this year before the budget is
approved.
Councilmember Harnik agreed with Mayor Pro Tern Kelly that the process is
key and critical to everything the City does. Casting goals aside based on
bullet points without a complete and robust discussion is not representing the
community well. As stated, everything has been put on hold because were
dealing with COVID-19 pandemic. Therefore, it's absolutely critical to pay
attention to process to allow people to be heard, not only Council and staff,
but the community. She pointed out that the community was invited to the
City Council's goal -setting study sessions. She understood things are on
hold right now, but she wants a discussion and more information before
putting anything in stone as the City moves forward.
Ms. Aylaian explained that the report is telling the City Council what she is
doing in this state of emergency given the authority she has under the
Municipal Code for acting in the interest of the City during an emergency.
She has made decisions about what she is being done during this situation.
She agrees that it's appropriate to have City Council direction and public
input when setting goals for a new year, which is for times when its not
operating under an emergency condition. When she and staff learn more,
and when it appears the City and State will be releasing restrictions imposed,
there can be a more informed conversation, and it can then engage the
public when it has an idea of what its resources are at that time. It would be
premature to engage the public and readdress goals a day, a week, and
probably a month from now, because the impacts are unknown at this time.
She agreed to convene a study session when she had more information and
a meaningful discussion can be taken with the public, but she didn't know
when that would be.
Councilman Jonathan said he knew this was a receive and file item, but he
felt he had a slightly different perspective in that he perceives residents and
constituency expecting the City to take action in an environment, which is an
emergency. For Council to place emphasis on process, public input, and
deliberation, does not serve residents well. He noted the Administration,
Congress, State Government, and our County acted with haste, because it
was necessary. What is being proposed today is necessary and he looked
forward to the fuller public engagement process when it is appropriate,
stating he would leave that to the discretion of the City Manager. He is
comforted on the fact that none of the goals are being changed, but simply
being postponed.
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Councilmember Weber appreciated the City Manager's clarification on this,
because to do a proper study session she would expect to see an analysis
of finances, which won't be known for another 30 to 60 days. Again, she
supports the City Manager's recommendation until the proper time for
making more definitive decisions. Ideally, Council would like to see
everything continue, but in reality if the City couldn't write a check, its
idealism.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT,
REVISING PALM DESERT MUNICIPAL CODE SECTION 25.34.030 -
"ACCESSORY DWELLING UNITS," AND MODIFYING SECTION
25.10.030 - "RESIDENTIAL ALLOWED LAND USES AND PERMIT
REQUIREMENTS," SECTION 25.18.040 - "DOWNTOWN LAND USE AND
PERMIT REQUIREMENTS," AND SECTION 25.99.020 - "LAND USE
DEFINITIONS" TO COMPLY WITH STATE LAW PERTAINING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS, AND FOR ADOPTION OF A NOTICE OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA),
Case No. ZOA 20-0001 (City of Palm Desert, Applicant).
Ms. Aylaian stated it was unnecessary to address this item at this time, and
requested a continuance to a date uncertain. She said this item was placed
on the agenda, because it was legally noticed to this date. She noted the
City has not received any public comment on this item.
Councilman Jonathan commented he thought this was a mandate for
compliance.
Mr. Hargreaves explained that the legislation passed basically states that if
a city does not adopt its own ordinance, it's subject to State rules. He said
one of the mandates is to process applications for Accessory Dwelling Units
in a particular time. However, the Governor has now waived the deadline.
In summary, until Palm Desert adopts its own ordinance, it is subject to the
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State's general rules, which are not at all that different from our own.
Therefore, he didn't feel there was a particular urgency.
Mayor Nestande declared the public hearing men and invited public testimony
FAVORING or in OPPOSITION to this matter.
Councilmember Weber moved to, by Minute Motion, continue this item to a date
uncertain. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Weber, and Nestande; NOES: None).
B. REQUEST TO CONDUCT FOURTH PUBLIC HEARING ON CREATION OF
VOTING DISTRICTS, RECEIVE COMMUNITY INPUT ON THE DRAFT
COUNCIL DISTRICT BOUNDARY MAPS; SELECT ONE OF THE
PROPOSED, POPULATION -COMPLIANT MAPS OF DISTRICT
BOUNDARIES; CONFIRM THE CURRENT PROPOSED ELECTION
SEQUENCING IN ORDER TO IMPLEMENT DISTRICT VOTING IN TIME
FOR THE GENERAL ELECTION ON NOVEMBER 3, 2020; INTRODUCE
FOR FIRST READING AN ORDINANCE RELATING TO ELECTION OF
CITY COUNCIL MEMBERS BY DISTRICTS AND RANKED CHOICE
VOTING.
Ms. Aylaian stated this item was the fourth public hearing to consider moving
from At -large voting to District voting. The first two public hearings were held
to facilitate discussions relative to areas and communities of interest within
Palm Desert. They occurred without the aid of maps and took the form of
generalized discussion. The third and fourth meetings included maps to be
considered and discussed. Nineteen maps were submitted for consideration,
some of which are slight variations on one another. Thirteen of the maps
have been provided by members of the public, and six were provided by the
City's demographer, National Demographics Corporation.
DR. JUSTIN LEVITT, Representative from National Demographics
Corporation (DNC) who participated via teleconference, provided a
PowerPoint presentation. He briefly reviewed the factors considered when
drawing districts with respect to what Supreme and Federal Courts require
to be taken into consideration, including: equal population distribution; race;
geographic continuity; communities of interest; easily identifiable boundaries;
and compactness. He emphasized that the district plan selected will only be
used for the November 2020 election. The results of the 2020 Census will
necessitate a review of the population in the central district and potential
redrawing of district lines for the 2022 elections. He went on to say that in
accordance with the terms of the settlement, the City would draw one central
district and one outer district, and that ranked choice voting would be used
to elect future Councilmembers. The draft map proposals were presented,
adding that six additional maps were received from the community. Two of
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those maps, DCrawford 2 and DCrawford 3, were not contiguous and did not
meet the criteria for consideration. Three maps were received from
Jan Buller, labeled JBuller 3A, JBuller 3B and JBuller 3C, and these are
eligible for discussion along with a submission labeled ELY1. He pointed out
NDC produced three draft maps incorporating feedback received at the last
meeting; they are labeled NDC Draft 4, NDC Draft 5, and NDC Draft 6. He
discussed the specifics of each of the maps, explaining the differences
between them.
Councilmember Weber commented she was not in favor of ELY1, because
her street is a boundary, which meant her next -door neighbor would not be
able to vote for her. Therefore, in her opinion this would not be a valid map.
She offered that ELY1 should use Deep Canyon Road as the boundary to
keep the entire neighborhood together, which seems to be accomplished in
NDC Draft 5. She asked for clarification on the term "eligible voters" as she
understood maps were drawn based on the Census and not on voter
registration.
DR. LEVITT explained the Census asks for people to self identify their age
as part of the survey, and the Courts require using that figure as eligible
voters, or those who could potentially register to vote. That would include
those aged 18 or older and who are United States citizens. Therefore, when
he refers to "eligible voters" that's the number he is using, which comes from
the Census. It's a number used for the California Voting Rights Act (CVRA)
analysis. Additionally, in order to determine equal population, they used total
population numbers from the City. He said each district has to contain 1/5
of the City's total population. However, when looking at the CVRA, they use
the eligible voting population number, because the federal courts recognize
you can draw a majority Latino district that could never elect a Latino,
because all the eligible voters are non -Latino.
Councilman Jonathan referencing the Federal law prohibiting racial
gerrymandering, questioned if districting by it's very nature was racial
gerrymandering.
DR. LEVITT replied that the courts in 1993 have said in Reno v. Shaw that
race must be one of the factors you consider, but it couldn't be the
dominating factor.
MR. CHRIS SKINNELL, Partner, Nielsen Merksamer Parrinello Gross &
Leoni, LLP, announced his presence via teleconference and stated the
Voting Rights Act requires that race is a consideration, and there is an equal
protection clause which essentially indicates that race cannot be the
predominant factor for decision -making and you have to draw districts with
reference to other considerations like major boundary streets. Responding
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to question, he confirmed there is some tension between federal and state
law, which may be resolved if it reaches the United States super court, but
the long and short is there has to be some variation of racial demographics
in a district to make sure you are following the CVRA.
Councilman Jonathan asked if all the Buller maps were compliant with the
CVRA.
MR. SKINNELL said they all met the basic requirements, subject to Council's
deliberation and discussion.
Responding to question, Dr. Levitt clarified that the intent of the CVRA is to
provide a protected class group an opportunity to elect. It does not mean the
protected class group would necessarily make up the majority of eligible
voters. The law recognizes that simply complying with the CVRA does not
guarantee election of a protected class candidate.
Mayor Nestande declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter.
The following communications were received via e-mail and read into the
record:
MR. CHARLIE ARA, Palm Desert: "A little over two years ago, on February
11, 2018, 1 first spoke before the Palm Desert City Council in favor of
switching to District elections. I note that progress to this goal has been
made by way of a settlement and I applaud the Council and staff in involving
the community in this process. I am here today to speak in favor the map
ELY1 proposed by the plaintiffs, submitted by demographer David Ely via the
plaintiff's attorney. However, I just learned that this map did not arrive in time
to be included in today's hearing. It is now on the City's Website and it will
be included in deliberations at the March 26, 2020 meeting. After reviewing
the proposed maps, I favor the Plaintiff's map ELY1, because it provides the
maximum opportunity for the protected class under the CVRA to achieve
representation and is the one most consistent with the settlement."
MR. KIM FLOYD, Sorrento Court, Palm Desert: "1 have made public
comments to the City Council in the past supporting district elections for
Palm Desert. I believe the Plaintiff's map ELY1 comes closest to reflecting
the settlement agreement regarding election representation opportunities for
the protected class. I encourage the City Council to move forward with the
ELY1 map."
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MR. DON MACCREADY, Country Club Drive, Palm Desert: "/ am urging you
to keep District 1 as planned, then divide the remaining 80 % of the City into
4 separate districts, each with 20% of the population."
MS. LINDA SALAS: "l live in what will be District 1. l oppose wholeheartedly
your attempt to exclude residents of District 1 from voting for the other district
representatives as this was not our intention, nor is it the intention of a law
meant to encourage more local representation. However, if I am to agree to
any of these terrible terms, MAP ELY1 is the one I find best suited. Please
register my complete disagreement with excluding District 1 from voting for
the other district candidates, and note the map best drawn for this district is
ELY1."
MS. CAROL RICH: `I support draft map ELY1."
MR. ROBERT KANE: "I (Robert J. Kane) and my wife (Kathleen Kane) of
Skyward Way vote for the map drawn up by the attorney for the plaintiffs
identified as ELY1."
MS. VICKI SCHNEIDER: "Council. We support approval of the draft map
ELY1. Signed Vicki Schneider and BJ Irwin, 73442 Highland Springs Drive,
Palm Desert. "
MR. UDO STRUTYNSKI: "I support adopting the map referenced ELYI"
MS. JOAN SPEER, Vicente Circle, Palm Desert: "I support Draft Map ELY1."
MS. ESTELLE DAHL, Rutledge Way, Palm Desert: "No matter how any new
district is mapped, it will be completely unfair unless there are five equal
districts, each with the same voting rights. As it currently stands, this
two -district proposal is completely undemocratic, because residents of the
central district will only be able to vote for one Councilmember while all other
areas get to vote for four. It sacrifices the rights of all citizens who live in the
central district, including Latinos who live in the targeted area. This
agreement should not stand. Thank you."
With no further testimony being offered, Mayor Nestande declared the public
hearing closed.
Mayor Nestande commented the subcommittee spoke with the Plaintiff's
attorney and they agreed that ELY1 has some issues.
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Mr. Hargreaves offered they weren't particularly relevant to the deliberation
that needs to take place right now and recommended discussing the maps
that are on the table.
Councilmember Weber was baffled that people were in support of ELY1,
because it has a carved out section west of Deep Canyon Road, which she
couldn't support. However, Buller 313 looks tidier and all in one piece. Now
if you look at NDC5, the boundary goes across the wash, zigzagging to pick
up the section west of Cook Street and east of Rebecca Road, wondering
what was the logic.
DR. LEVITT responded there are a few demographic reasons, in that the
region, particularly at the north end along 42nd Street (Hovley Lane) are
demographically similar in many ways to areas south of the wash. As seen
in quite a number of both public submissions and other agency drafts
included links to the central district in terms of income, age, population,
percentage of families, or percentage of families with children at home, are
much more similar than some of the other neighborhoods.
Mayor Pro Tem Kelly expressed her appreciation for the public participation
throughout this process by submission of possible maps. She said each of
the maps have good and bad points, and Council could probably agree on
one with additional refinements. She suggested that at the appropriate time
she would like to see Council agree on a preferred map and refer it to the
established subcommittee for possible refinements that could be
accomplished in time to meet the noticing requirements before the next
Council meeting. She noted there is a lot of public support for ELY1, which
she felt is flawed for the same reasons described by Councilmember Weber,
but NDC5 captures the best features of ELY1, while correcting that flaw.
Relative to the quadrant bounded by Fred Waring Drive, Portola Avenue,
Highway 111 and Deep Canyon Road, there is a portion that shares many
characteristics with the central district. She also noted an area to the bottom
of the quadrant from approximately El Cortez Way to Deep Canyon Road is
almost identical in character with most of the core district. However, there is
a gated community and development that have different characters that
should not be included in the same communities of interest. She concluded
that whichever map was selected by the City Council could be refined by the
subcommittee in time for the next meeting.
Councilmember Jonathan was intrigued by Ms. Salas' comments where she
wishes residents of District 1 could vote for the other four Councilmembers,
noting that's the existing voting structure. Unfortunately, Council is being
required for various reasons to delineate the City into districts, and now
because it has no choice, it has to make a decision about how best to
accomplish that goal. It appears the three Buller maps are elegant in their
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simplicity. However, ELY1 is quite the opposite as drawn. He concurred with
Mayor Pro Tern Kelly that the best approach is to come together on a map
that is agreeable to both parties to this action, and give direction to the
subcommittee allowing them to have substantive discussions with the
Plaintiff, and come back to Council with a proposed map that all parties can
live with. He suggested for Council's consideration ELY1, NDC5, and
Buller 3A through 3C subject to adjustments suggested by the Plaintiff or the
City as mentioned by Mayor Pro Tern Kelly.
Mayor Nestande thanked Ms. Buller who was present in the audience, for the
maps submitted, because they looked wonderful to her. Based on what
she's learned, the whole reason this review is taking place is to avoid a
lawsuit, and Council had to put a lot of importance on the preferred map of
the plaintiffs. However, it was demonstrated that ELY1 does not meet the
requirements of a district, so if NDC5 is selected as the preferred map, she
encouraged Council to work with it and make it better, and then defer to the
subcommittee for fine-tuning the details.
Councilmember Harnik offered she had the benefit of walking door to door
in every Palm Desert neighborhood so she understood why the area north
of the wash was included in the central district, and she agreed it was a
community of interest that should logically be included.
Councilmember Weber agreed with Councilmember Harnik comments and
also agreed with Mayor Nestande about tidying up NDC5 and ELY1 maps.
She asked Mayor Pro Tern Kelly for clarification on the neighborhood she
was referring to that is on both NDC5 and ELY1.
Mayor Pro Tern Kelly replied she was trying to give an example of some
portions of that quadrant, which might best be put in the core district to
respect communities of interest. The difficulty with giving final guidance this
evening is that the effect of any modification would have to the total
percentages forthe core district, which is why it will need subcommittee work
to avoid exceeding the plus or minus range of 20%. She was addressing an
area to point out the particulars that would warrant refinements. Her initial
instinct would be not to include planned communities, because they have
their own community of interest and distinct identity from most of the housing
that's in the core district. She also had questions about the language in the
proposed Ordinance, which she will address at the appropriate time.
Mr. Hargreaves explained that if Council is not ready to designate one of the
maps presented this evening, another public hearing is set for April 16.
Between now and then, staff will address Mayor Pro Tern Kelly's concerns
with respect to the proposed Ordinance. He added a revised ordinance can
be prepared for consideration at the April 16 meeting. He said there will be
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another opportunity for people to submit additional maps consistent with the
comments made this evening. He asked that NDC determine a deadline for
submission of additional maps. Based on his understanding, the
subcommittee will be empowered to work with the maps on the table in a
manner consistent with the comments that have been made this evening
along with feedback from the plaintiffs. The goal is to take forward a map to
the April 16 meeting which will hopefully be a consensus map that is legally
defined and published according to legal guidelines.
Mayor Pro Tem Kelly moved to, by Minute Motion, empower the subcommittee to
develop a map with refinements, in keeping with comments made this evening, and secure
sufficient input in order to publish the map in accordance with the legal guidelines and
noticing requirements for the meeting of April 16, 2020. Motion was seconded by
Councilmember Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber,
and Nestande; NOES: None).
XVIII. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
1) COVID-19 Community Reaction - reported the City has received
communications via email, voicemail, and social media, requesting
more information from the City and questioning why the Mayor hasn't
made a public announcement. She said the City has taken the
approach that a centralized source of information and communication
is most effective in providing the most accurate and recent
information, and it's doing that through the City's website. The work
that has been done on the City's website is impressive as there is a
comprehensive list of information for community members to utilize.
She has placed the link on her two Facebook pages, Instagram, and
Next Door. She is impressed with what the City has done to reach out
to the community and keeping them apprised in trying to make them
feel secure going forward with this crisis. She thanked staff for all
their work.
B. Councilman Sabbv Jonathan Committee Reports and General Comments.
1) COVID-19 City Response - thanked the City Manager and staff for
their measured, impactful, and timely response to this crisis. He said
Team Palm Desert stepped up to the plate and caused the City to
shine in the face of adversity, which he appreciated.
Mayor Pro Tern Kelly concurred with Councilmember Harnik and
Councilman Jonathan's remarks in recognizing staff for their work.
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Councilmember Weber thanked the extraordinary City staff, which is
lead by City Manager Lauri Aylaian through this emergency. As
Councilman Jonathan has already stated, this is an emergency and
unusual times where the City reacted quickly.
C. Mavor Pro Tem Kathleen Kellv Committee Reports and General Comments.
1) Sunline Transit - reported Sunline has adjusted routes recognizing
there could be some reduction in affordability of staff, so strategic
changes are being made to assure that truck routes will be served.
At the same time, steps have been made to eliminate all fares as it
serves two purposes. The first is public safety, in that with the
elimination of fares, passengers who are not disabled can enter from
the rear entrance so that driver and passenger don't have to be in
close contact. Secondly, with the elimination of fares, it will serve
those who are most hit by job loss or don't have alternative means of
transportation to get to existing employment. Also, the rescue
package, which has been adopted, includes a commitment through
the Federal Transportation Agency to assist those transit
organizations who have taken steps in response to the crisis.
2) Remote Participation at Citv Council Meetinqs - her participation from
a distance will continue, stating how soon the City is able to emerge
from this challenge with both personal and economic help, is going to
be determined by how stringent everyone is in isolating whenever
possible. Choices made on whether to be in the company of other
people will influence whether the health system is able to cope and
how many people suffer. She is highly appreciative of the efforts
made by staff to get the technology in place for distance participation.
She is striving to model appropriately and encourages residents to
follow this example whenever feasible to do so.
D. Councilmember Susan Marie Weber Meeting Summaries Report for the
Period of March 1-14, 2020.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
Emeraencv Medical Services - was pleased to report the new
procedures enacted for emergency ambulance requests was working
as intended given staff invested a lot of time in setting up the process.
She had an opportunity to ask a lot of questions from a person who
lived the experience and was the ambulance came out to a home and
the first question asked of her was not whether she had insurance,
but was given an invoice that states at the top "This is Not a Bill." She
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MARCH 26, 2020
was happy to hear that the procedures put in place worked exactly as
intended. This person called the number given to her and the person
on the other line was extremely helpful and reminded her again she
didn't have to pay for the service. She thanked Risk Manager
Stephen Aryan for the work he did on this matter.
E Mavor Gina Nestande Committee Reports and General Comments.
None
F. City Council Requests for Action.
Remove Citv of Palm Desert from Joint Powers Agreement (JPA)
from the Communitv Choice Aaareaation (CCA) for the Desert
Communitv Enerqv (DCE). - Councilmember Susan Marie Weber
requested this item be placed on the next agenda, but will defer to
what works best for the City Manager. She noted another city voted
to exit that JPA and would like Palm Desert to consider doing the
same.
2. Consideration of a Moratorium on Evictions - Mayor Pro Tern
Kathleen Kelly following up on Mr. Kim Floyd's request to look at
declaring a moratorium on evictions, said there are proposals being
considered at the State level for some form of relief in this respect.
Her request is for staff to look at what might be pending on the State
level, additionally review actions taken by the City of Cathedral City to
determine an appropriate response by Palm Desert. As the City
reassesses the most effective way to utilize any funds that argue for
economic incentive emerging from the crisis, she would encourage
staff to look at possible incentives for commercial landlords who are
willing to offer some degree of rent forgiveness to keep an inordinate
number of businesses from failing. The United States is quickly
changing, in terms of what the need is from the Federal Government
and State, but Palm Desert ought to be more nimble than either of
them in crafting the City's incentive in a way that it supports the
survival of the unique Palm Desert businesses.
Councilman Jonathan stated that in recognition of staff's limited capacity to
take on additional work during this trying time, he will defer any request for
action until this crisis is over. Mayor Nestande concurred.
G. City Council Consideration of Travel Requests/Reports.
None
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XIX. STAFF REPORTS AND REMARKS
A. City Manager
Ms. Aylaian thanked the dedicated, talented, and wonderful staff during this
crisis, stating "they rocked."
B. City Attorney
Mr. Hargreaves concurred with comments made praising staff, in particular,
the people who spent a lot of time and effort putting this meeting together,
because it presented numerous challenges and it came off without a hitch.
Those staff members included Public Information Officer David Hermann, IT
Manager Clay Von Helf, and City Clerk Rachelle Klassen.
C. City Clerk
Ms. Klassen thanked Deputy City Clerk Grace Rocha who did a lot of the
hardlifting in copying, distributing, scanning, and checking for accuracy. She
added that Grace has been working everyday and they have become a
dynamic force.
Mayor Nestande agreed, stating they were a great team and Rachelle is
training the assistant City Clerk very well.
D. Public Safety
1. Fire Department
None
2. Police Department
None
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XX. ADJOURNMENT
With City Council concurrence, Mayor Nestande adjourned the meeting at 6:52 p.m.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
GINA NESTANDE, MAYOR
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