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HomeMy WebLinkAboutPrelim - CC - 12-13-2018PRELIMINARY MINUTES CC A REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 13, 2018 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Jonathan convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilmember Kathleen Kelly Councilmember Gina Nestande Mayor Pro Tern Susan Marie Weber Mayor Sabby Jonathan Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney 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 Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co Grace L. Rocha, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Sheriff's Dept. A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 1) Property: Lease Property - 43900 San Pablo Avenue, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Tom Garcia/Ryan Stendell/ City of Palm Desert Property Owner: City of Palm Desert Other Parties: Kevin Kalman/Desert Recreation District Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Henderson Community Building, 72559 Highway 111, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/David Hermann/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Todd Rhoden/Palm Desert Area Chamber of Commerce Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) Four Green Gold, LLC, et al., v. City of Palm Desert, Riverside County Superior Court Case No. PSC 1806472 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 D. Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Jonathan adjourned the meeting to Closed Session of the City Council at 3:01 p.m. He reconvened the meeting at 4:12 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves reported the City Council approved a new lease with the Palm Desert Chamber of Commerce on a 5-0 vote. A copy of the lease will be available tomorrow morning in the Office of the City Clerk. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Kathleen Kelly 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING VII. INVOCATION - Councilmember Jan C. Harnik VIII. AWARDS AND PRESENTATIONS None IX. ORAL COMMUNICATIONS - B � 11 ZTAA A I DECEMBER 13, 2018 MS. WENDY JONATHAN, Board Member of the Desert Sands Unified School District (DSUSD) Board of Education, thanked the Mayor and City Council for supporting the schools, stating it's very much appreciated. She noted that next week she will become President of the School Board, and if things go the way they normally do, Susan Marie Weber will serve as Mayor for the City. Ironically, four years ago, they served together as Mayor and President. She looked forward to working together again. MR. ROBERT LEACH, Representing Hotel Paseo and AC3 Restaurant, thanked the City for their help with The Airstream Palooza event, not only with a small donation, but with their helpful City staff. He presented a 2-minute video of the event, stating noone understood the magnitude of the airstreams, and the great part is that it allows all ages to come out and have fun. He said 20,000 people viewed their social media site prior to the event, and 1,000+ attended. He hopes to do it again in the future on a select basis for the El Paseo Shopping District. Again, he thanked the City, stating he will return asking for favors next year. Councilmember Harnik added that Hotel Paseo was nominated for the 2019 Readers' Choice Award for the "Best New Hotel," but everyone needs to vote in order for them to win. She said Hotel Paseo was one of few that were nominated through USA Today, and the City will post the link on the City's Website so everyone can vote. Mayor Jonathan stated Mr. Leach has been a terrific partner with the City, in that Hotel Paseo and AC3 enhance El Paseo and brings a vibrancy to the street. He wished him continued activity and success. MR. LEACH offered he has never had more fun than working here in Palm Desert with City staff, stating it's really been a pleasant experience, and he tells that to brother developers all the time that it's a great place to do business. MS. DEBORAH MCGARREY, Public Affairs Manager for Southern California Gas Company, reported SoCal Gas distributes natural gas to many residents and businesses in Palm Desert, allowing them an affordable and reliable source to heat their homes. It's an energy source of choice for most and part of a balanced energy portfolio that many enjoy. Her purpose today is to raise awareness of ongoing issues in California that many are unaware. She said the State of California wants to electrify everything and upset this balanced energy portfolio. The proposal that 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 did not pass legislation this year would have required all new buildings after 2022 to be all electric, and it would have required existing to be retrofitted by 2030. While this bill did not pass, she believed future ones will be forthcoming. These bills are being made in the name of global warming, reducing greenhouse gases, carbon emissions, and other environmental goals. These goals are commendable, but the cost -benefit analysis can't justify drastic actions, because customers are the ones that will pay. She said SoCal Gas is not opposed to electrification, but it should be a choice. She said the current balanced energy portfolio and economic stability of families and businesses are being threatened. The estimated cost for replacement of natural gas appliances, for an average home is approximately $7,200 per household, and approximately $388 for the conversion from gas to electricity. Bio-gas or renewable natural gas is something that comes from organic sources, such as green waste, feed waste, and agricultural. She said this waste can be captured and injected back into the pipeline. If one uses just 16% of natural gas as renewable and is delivered to customers with renewable sources, it would have the same effect on greenhouse gas emissions as electrifying all of California at a lower cost and achieving this goal by 2030. The point is that one shouldn't have to choose between what some decision makers believe to be right and the reality of what is affordable. MISS VIVIEN WHITE stated she is a 12-year-old who joined the Set Apart Speech & Debate Club. Each year, Set Apart, puts on the Desert Gem, a three-day speech and debate competition that allows students to compete in over 11 different speech events and a debate. She asked Councilmembers if one of them would consider being a community judge, which would require three hours of their time and an orientation, to help their event succeed. Councilmembers can register by using the link and/or telephone number listed on the flyer she provided to the City Clerk. MR. BRAD ANDERSON, Rancho Mirage, approached the City Council to bring awareness to the following two items: 1) He visited the Animal Campus located in Thousand Palms where they have lots of dogs, but wanted Palm Desert residents to be aware that if they adopt a pet, the fee is reimbursed by the City of Palm Desert; 2) He recalled for the City Council that the cities of Indian Wells and Palm Desert were the first in the Coachella Valley to have been identified with having a positive West Nile Virus. As a former Coachella Valley Mosquito & Vector Control employee, he has been very critical in the way they have been operating. He reported mosquitos found in the City to the CVMVC, and he was instructed/told by the operations manager that they will respond to his request and/or provide feedback, and he's only done it twice. He knew he wasn't alone in this mosquito crisis, so he urged anyone to check their water sources in their back yards and dump out any containers with sitting water. MR. VAN TANNER approached the City Council to thank them for the incredible job they did through the 2017/2018 year. He said the City Council had difficult issues presented to them and endured many long meetings, and constituents wished to thank them for how they handled it all. He said outgoing Mayor Jonathan did a E PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 great job, and he is looking forward to the incoming Mayor to continue that same effort. X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Councilmember Jan C. Harnik Committee Reports and General Comments. Coachella Vallev Economic Partnership (CVEP) is a 501(c)(3) nonprofit organization, and it is important to note that through Guide Star, it received the 2018 Platinum Seal of Transparency. She said they are doing a great job with their accounting, auditing, and information. Also, CVEP is committed to developing the Palm Desert Digital iHub, which will be located right across from the Cal State University, San Bernardino - Palm Desert Campus. She credits Director of Economic Development Martin Alvarez for finding the building. 2. New Dean at Cal State University. San Bernardino - Palm Desert Campus - announced that Mr. Jake Zhu was selected as the new Dean. Mr. Zhu was responsible for developing the Cyber Security Program that first began at CSUSB in 2006, and he is currently the Dean of Education at the main campus. He will be starting in his new position in July. 3. Southern California Association of Governments (SCAG) Economic Conference - enjoyed keynote speaker Dr. Garrett Reisman, a former NASA Astronaut, stating he was interesting and made the following two good points: "You sure can get a lot more done when there are fewer regulations,"and "The earth is very important, you better take care of it." B. Councilmember Kathleen Kellv Committee Reports and General Comments. The Palm Desert Historical Societv Winter Lecture Series - these lectures happen on Monday evenings at the Palm Desert Library at 6:00 p.m. The upcoming topic is "The construction of Highway 74." She said the Historical Society Leadership Team does an excellent job of finding superb speakers to acquaint the public with our history. C. Councilmember Gina Nestande Committee Reports and General Comments. ►II=9 " G� PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 D. Mavor Pro Tern Susan Marie Weber Meeting Summaries Report for the Period of November 5-30, 2018. With City Council concurrence, the Meeting Summaries Report was received and filed. 1. Citizens on Patrol (COPs) All Vallev Meetinq - pointed out Mr. Jeff Alley, Captain of the COPs, sets up these meetings that are held throughout the Valley, and yesterday's meeting was in Desert Hot Springs. She noticed Palm Desert has set the standard for the COPs, and other cities try to replicate what has been accomplished in Palm Desert. She added that during this time of year, the City implements the Theft Suppression Program at the Westfield Mall, where warning notes are left on vehicle windows, alerting the owner they left packages or a purse on the seat, which reminds them to be more careful. E. Mavor Sabbv Jonathan Committee Reports and General Comments. Eisenhower Hospital Establishina a Residencv Proaram - the Desert Sun had an article announcing Eisenhower Hospital was establishing a residency program in conjunction with University of California, Riverside. This will be one more step forward in the education process in providing the much needed professionals, many of which have remained in the Valley. 2. Transgender Dav of Remembrance - reported that on November 20, 2018, at the steps of City Hall, members of the City Council and several City staff held a Transgender Day of Remembrance at the steps of City Hall. He noted that in the last couple of years, the City has participated in the Gay Pride Parade in Palm Springs, stating he was glad the City was expanding its outreach to all citizens and residents, not just in the City of Palm Desert but the entire Coachella Valley. 3. Martha's Villaae Turkev Trot on El Paseo - attended this event on November 22, which was very successful and a great use of El Paseo. More important, it raised the much needed funds for Martha's Village. 4. Desert Healthcare District Foundation Board Meetinq - a special meeting was held on November 27, because Barbara Poppy presented her report on homelessness and how to further regionalize the Valley's effort in combating homelessness. The Coachella Valley Association of Governments (CVAG) Homelessness Committee will also be receiving the report directly. He hopes to build on what CVAG 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 has already done with the Housing First model and the collaboration among all the cities. He went on to say he looked forward to making more progress in efforts to reduce, and someday, eliminate homelessness in the Valley, which he believed can be done. 5. Holidav Celebration at The Gardens on El Paseo - the event was tremendously successful. He gave a shout -out to the Youth Committee for being out there serving hot cocoa and doing some face painting, and then there was Santa and Elvis Presley doing the Rock'n Roll and singing the holiday classics. Congratulations to Management Analyst Vanessa Mager for doing a great job on her first independent project. F. City Council Reauests for Action. None G. City Council Consideration of Travel Reauests/Reports. None XI. STAFF REPORTS AND REMARKS A. City Manager 1. City Manager's Meetina Summaries Report for the Period of November 5-30, 2018. With City Council concurrence, the Meeting Summaries Report was received and filed. 2. Personnel Update: Welcomed Nick Martin, the newest City staff member who joined the IS Technology Department. He previously worked for the cities of Indio and San Bernardino, and he specializes in Business Application Software. B. City Attorney None C. City Clerk None rA PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING D. Public Safety Fire Department None 2. Police Department DECEMBER 13, 2018 Lt. Martello reported that today's bomb threat was a hoax. Not only was there a notice in Palm Desert, but also in New York, Orlando, San Francisco, Dallas, Detroit; it was all over the Country. He said several emails were blasted throughout communities, local businesses, churches, and other entities demanding cash. There were eight reported events, but he's sure there are more. He said there was nothing substantiated, nonetheless, it was a busy day. In some cases, a lot of kids went home as they were evacuated, but none of the public schools were affected. He encouraged people to contact the Sheriff's Department and they will assist in showing people how to handle it. Mayor Jonathan said he was accustomed to these emails, but this was taking it to a whole other level. First thing this morning he got one of those emails, and he felt it was fake, but still when you are reading something that states your office will be bombed if "x" number of dollars is not provided, is unnerving. He's glad to hear the Sheriff's Department is on top of it. Mayor Pro Tern Weber thanked Lt. Martello for the tour provided to the Public Safety Commission. She said everyone benefitted and learned a lot from it. Mayor Jonathan commented that the City Council received the End of Month Report for October 2018, from the Police Department. He didn't recall seeing them in the past, but it was very much appreciated, because it's a comprehensive report on what's going on in the City from a crime and resolution standpoint. * NOTE: SECTION XVI - NEW BUSINESS, ITEMS A AND B (PAGE 16 AND 17), WERE THE FIRST ITEMS OF REGULAR BUSINESS AFTER RECONVENING REGULAR MEETINGS AT 4:00 P.M. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 XII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of November 15, 2018. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 10/12/2018, 10/31 /2018, 11 /2/2018, 11 /9/2018, and 11 /21 /2018. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 11 /2/2018, 11 /9/2018, 11 /16/2018, 11 /21 /2018, and 11/30/2018 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Casa Blanca Restaurant, 72286 Highway 111, Suite J3 & J4, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Desert Beer Company, 77770 Country Club Drive, Suite D, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jensen's Foods, 73601 Highway 111, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jensen's Minute Shoppe, 42150 Cook Street, Palm Desert. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Kitchen 86, 44491 Town Center Way, Suite G, Palm Desert. Rec: Receive and file. F91 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Shadow Mountain Golf Club, 73800 Ironwood Street, Palm Desert. Rec: Receive and file. Received and filed. 4-0-1 ((AYES: Harnik, Jonathan, Nestande, and Weber; NOES: None; ABSTAINED: Kelly) J. PARKS & RECREATION COMMISSION MINUTES for the Meeting of October 2, 2018. Rec: Receive and file. K. LETTER OF RESIGNATION from Beverly J. Fitzgerald — Housing Commission. Rec: Receive with very sincere regret. L. RESOLUTION NO. 2018 - 88 - 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 Office of the City Clerk, to Rely on the Electronic Record as the Official Record - Exhibit "A." Rec: Waive further reading and adopt. M. REQUEST FOR APPROVAL of Continued Use of Office Team for the Purpose of Payroll Processing for Student Interns -- Fiscal Year 2018-2019. Rec: By Minute Motion: 1) Authorize the use of Office Team for the purpose of payroll processing for Student Interns for FY 2018-2019 in an amount not to exceed $30,000; 2) ratify an increase in Office Team Purchase Order No. P114070 in an additional amount of $10,000 — funds are available in the FY 2018-2019 budget, there is no additional fiscal impact. N. REQUEST FOR APPROVAL of Mills Act Contract for Property Located at 72497 El Paseo (APN 640-200-004). Rec: By Minute Motion: 1) Approve the Mills Act Contract for 72497 El Paseo (APN 640-200-004), Palm Desert, in accordance with Section 29.70.030 of the Palm Desert Municipal Code; 2) authorize the City Manager and City Attorney to execute same. 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 O. REQUEST FOR APPROVAL of Mills Act Contract for Property Located at 73697 Santa Rosa Way (APN 627-102-024). Rec: By Minute Motion: 1) Approve the Mills Act Contract for 73697 Santa Rosa Way (APN 627-102-024), Palm Desert, in accordance with Section 29.70.030 of the Palm Desert Municipal Code; 2) authorize the City Manager and City Attorney to execute same. P. REQUEST FOR AUTHORIZATION to Purchase a Commercial Auto Liability Insurance Policy for Operation of One El Paseo Courtesy Cart for a One - Year Time Period. Rec: By Minute Motion, approve purchase of a Commercial Auto Liability Insurance Policy in the amount of $6,966 for the operation of one (1) El Paseo Courtesy Cart for a one-year time period — funds are available in FY 2018-2019 Budget - Courtesy Cart Account No. 1104416-4368100. Q. CONSIDERATION of Request for Reimbursement of Art In Public Places Fee to Hotel Paseo, 45400 Larkspur Lane, in the Amount of $107,430 for The Airstream by David Winick (Robert Leach/Hotel Paseo, Applicant). Removed for separate consideration under Section XIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. R. REQUEST FOR APPROVAL of First Amendment to the Park Development Fees Agreement for the Villa Portofino Project, 4001 Via Portofino, Palm Desert (Avenida Partners Development Group, Applicant). Rec: By Minute Motion, approve the First Amendment to the Park Development Fees Agreement between the City of Palm Desert and Avenida Partners Development Group, LLC.. S. REQUEST FOR AUTHORIZATION to Increase Building & Safety Plan Review / Inspection Service Contracts. Rec: By Minute Motion, authorize an additional expenditure of $200,000 total for Professional Service Agreements with Scott Fazekas & Associates (Contract No. C36190A), Interwest Consulting Group (Contract No. C3190C) for Plan Review Services; and Willdan Engineering (Contract No. C3619013) for Building Plan Review and Inspection Services for FY 2018-2019 — funds are available in General Fund Account No. 1104420-4301000 as set forth in the FY 2018-2019 Budget. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 T. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C35300B — Alarm Monitoring Services, Inc., - Additional Alarm Monitoring Services at Various City -Owned Buildings. Rec: By Minute Motion: 1) Approve Change Order No. 1 to subject contract with Alarm Monitoring Services, Inc. (AMS), for additional alarm monitoring services at the Parkview Building, State of California Building (Suites 100 and 102), and the Henderson Community Building; 2) increase the contract amount by $12,960; 3) authorize City Manager to execute said Change Order — funds are available in Account Nos. 5104195-4369601, 5104195-4369602, and 5104195-4369800. U. REQUEST FOR APPROVAL of Contract Amendment No. 1 to Contract No. C36710 with Advantec Consulting Engineers, Inc., — Traffic Signal Modifications, Interconnect Conduit Cable Improvements, and Fire Station Warning System Improvements (Project No. 550-18). Rec: By Minute Motion: 1) Approve Contract Amendment No. 1 in the amount of $9,990 to subject contract with Advantec Consulting Engineers, Inc., Irvine, California, for Traffic Signal Modifications, Interconnect Conduit Cable Improvements, and Fire Station Warning System Improvements; 2) authorize the Mayor to execute Contract Amendment No. 1 — funds are available in Traffic Signal Modification - Highway 111 at Parkview/Painters Path Account No. 2134250-5000901; Traffic Signal Modification - El Paseo at San Luis Rey Avenue Account No. 2344250-5000902; and Interconnect System Improvement Project Account No. 2134594-4400100. V. REQUEST FOR AUTHORIZATION to Release Faithful Performance Deposit in the Amount of $17,357.50 and Labor and Materials Deposit in the Amount of $8,678.75 for Offsite Improvements to Hotel Paseo, 45400 Larkspur Lane, Palm Desert (El Paseo Hotel, LLC, Applicant). Rec: By Minute Motion, release Faithful Performance Deposit in the amount of $17,357.50 and Labor and Materials Deposit in the amount of $8,678.75 for offsite improvements to Hotel Paseo. W. REQUEST FOR AUTHORIZATION to Release Faithful Performance Bond in the Amount of $49,440 and Labor and Materials Bond in the Amount of $24,720 for Offsite Improvements to Tower Market, 73801 Highway 111, Palm Desert (Tower Energy Group, Applicant). Rec: By Minute Motion, release Faithful Performance Bond in the amount of $49,440 and Labor and Materials Bond in the amount of $24,720 for offsite improvements to Tower Market. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 X. REQUEST FOR APPROVAL of Actions Related to the 2019 Desert X Exhibition at Homme Adams Park, 72500 Thrush Road (Desert X, Applicant). Removed for separate consideration under Section XIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilmember Kelly ABSTAINED on Item I, and Items Q and X were removed for separate consideration under Section XIII, Consent Items Held Over. Upon motion by Harnik, second by Nestande, and 5-0 vote of the City Council, the remainder of Consent Calendar was approved as presented (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None) XIII. CONSENT ITEMS HELD OVER Q. CONSIDERATION of Request for Reimbursement of Art In Public Places Fee to Hotel Paseo, 45400 Larkspur Lane, in the Amount of $107,430 for The Airstream by David Winick (Robert Leach/Hotel Paseo, Applicant). Management Analyst Amy Lawrence stated that after reviewing the Hotel Paseo Reimbursement Application, the Art In Public Places (AIPP) minutes, and City Council minutes from wherein the Airstream was approved for the hotel, she found that both the AIPP and City Council concurred that the public art component was for the exterior of the Airstream and surrounding areas. Expenses having to do with the interior, such as the utility hookups, are not reimbursable. The first staff report submitted was for the full amount the Applicant paid into the Public Art Fund, and the second supplemental memo she submitted is for the reimbursable amount of $94,572.77. Mayor Weber asked her to discuss the public art that was used as a backdrop for a bar. Ms. Lawrence explained the Airstream trailer was used as a backdrop for an event, and it was expressed to the hotel to not use the surrounding area for a bar, because it's part of the public art component. Councilmember Kelly moved to, by Minute Motion, authorize reimbursement to Hotel Paseo of its Art In Public Places Fee, as amended in the amount of $94,572.77 for The Airstream by David Winick — monies are available in the Public Art Fund 436. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 X. REQUEST FOR APPROVAL of Actions Related to the 2019 DesertX Exhibition at Homme Adams Park, 72500 Thrush Road (Desert X, Applicant). Councilmember Kelly noted Desert X is coming back to the Desert in 2019, which is fantastic news. The producers plan to have some events with background music, which leads to one question. She heard rave reviews about the Airstream Palooza event, but she also heard from neighbors who said they would have appreciated being noticed about the duration of the music, so they could plan their lives accordingly. She asked if she could expect, for these types of events, some explicit notice to be given within a reasonable radius. Management Analyst Amy Lawrence agreed to work with the vendor on noticing. Councilman Jonathan noticed there are a number of hotel activity programs, but not in Palm Desert, which he brought to the attention of staff. Because Palm Desert has contributed as a sponsor to the event, and the reason for doing so, is that it expects a financial return from visitors, Transient Occupancy Tax (T.O.T.) and sales tax. Hopefully, staff can continue a dialogue with those folks so they don't forget Palm Desert is very much a part of the event. Mayor Pro Tern Nestande moved to, by Minute Motion, approve temporary waiver of PDMC Sections 11.01.080 - Consumption/Possession of Alcohol and 11.01.140 - Amplified Sound at Homme Adams Park, 72500 Thrush Road, Palm Desert, for the 2019 Desert X Exhibition on various dates to be determined from February 9 -April 21. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). XIV. RESOLUTIONS A. RESOLUTION NO. 2018 - 89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING CANNABIS BUSINESS TAX RATES. Principal Planner Eric Ceja stated the proposed Resolution is to establish Cannabis Business Tax Rates. In 2017, the City Council adopted an Ordinance to allow for a limited number of cannabis businesses in the City, and in December 2017, the City began accepting applications. Staff went through a selection of processes on which applications would actually move forward. Staff completed the public hearing process with the Planning Commission to approve six retail dispensaries within the City, two cultivators, and three manufacturing, which is the limit established by the Ordinance. Therefore, the City is no longer accepting any new applications. Two of the retail dispensaries are currently open for business, and the remaining sites `[I PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 are building out and hoping to open in 2019. Earlier this summer, the City Council adopted resolutions to place a Tax Measure on the ballot and allow voters to decide whether to tax cannabis businesses. Measure Q, the cannabis tax, overwhelming passed on November 6, 2018, for the establishment of the rates. The language in the resolution allowed the City Council to establish tax rates up to a certain amount. Per the passing of the measure, voters allowed the City Council to tax up to $20 per square -foot for cultivation, which is what staff is recommending. The voters approved up to 3% of growth receipts for manufacturing, and staff is recommending starting at 2%. With regard to retail and delivery, voters approved up to 15% of gross receipts, and staff is recommending starting at 10%. With Palm Desert being one of five cities in the Coachella Valley that allows for cannabis business, starting retail at 10% is in line with other cities. The proposed tax rate at $13 per square foot for cultivation is also in line with other Valley cities. When it comes to manufacturing, it's a little harder to figure out, because some cities actually have a dollar amount based on square footage, and others, including Palm Desert is proposing that it be based on gross receipts. Councilman Jonathan recalled that the intention was to start off at a certain level of taxation that was not too high or too low, questioning if staff felt it reached that goal with the proposed rates. Mr. Ceja said they did. Councilmember Kelly moved to waive further reading and adopt Resolution No. 2018-89, as amended to be effective January 1, 2019. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). B. RESOLUTION NO. 2018 - 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE CITY OF PALM DESERT LOCAL HAZARD MITIGATION PLAN ANNEX, FROM THE RIVERSIDE COUNTY OPERATIONAL AREA MULTI -JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN, AS REQUIRED BY THE FEDERAL DISASTER MITIGATION AND COST REDUCTION ACT OF 2000. Mr. Aryan explained that every five years, the City is required to review and update its Local Hazard Mitigation Plan. The purpose of the Plan is to identify the City's hazards, both natural and technological, it looks at past disasters and the likelihood of future ones, and reviews methods to implement to mitigate them. The Federal Emergency Management Agency has conditionally approved the City's Plan with no changes. However, in order to receive final federal approval, the City must formally adopt the Plan this evening. If the Plan is not adopted or has one in place, the City could 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 jeopardize receiving future federal financial disaster assistance. Staff and the Public Safety Commission both recommended approval of the Plan. Councilmember Harnik moved to waive further reading and adopt Resolution No. 2018-90. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). C. RESOLUTION NO. 2018 - 91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE HEALTHY EATING ACTIVE LIVING CAMPAIGN POLICIES (H.E.A.L. CITY) AND SETTING FORTH THE CITY OF PALM DESERT'S COMMITMENT TO OBESITY PREVENTION. Management Analyst Johnny Terfehr stated that for Council's consideration the proposed Resolution is to officially make Palm Desert a Healthy Eating Active Living (H.E.A.L) City. In practice, Palm Desert is already a HEAL City, and in the staff report there is an attachment highlighting the things Palm Desert is already doing. The yellow highlighted items are the things staff is proposing in this Resolution that makes it official for a HEAL City at the Fit City designation, which is the highest tier to obtain. This was pushed forward by the Convention & Visitors Bureau (CVB), and it's on the list of goals for 2018. This is a way for the City to support the idea of preventing and fighting obesity. Councilman Jonathan said he understood staff was proposing certain measures to be adopted in order to gain the HEAL designation, but he was surprised a few didn't make the cut. For example, Item No. 20 - Replace water - intensive landscaping with drought resistant vegetation wherever feasible, stating it seemed like a natural one. Councilmember Kelly commented that the copies provided did not show the grey highlighted ones, which makes it difficult to know if they are already part of the Plan. Mayor Pro Tern Nestande pointed out that the yellow highlighted ones are visible, and those are the ones being considered. Ms. Aylaian agreed, but many of the other ones have already been accomplished or implemented by Palm Desert, although she agreed it's hard to tell with the copies provided. She offered to email a copy to the City Council where the color is more pronounced. Councilman Jonathan felt Measure No. 26 - Play Streets Policy that temporarily close streets to provide `pop up" playgrounds and recreation centers was one that was fun and could be considered and/or is the City limited to the ones in highlighted in yellow. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 Mr. Terfehr responded the City can adopt as many of the measures Council wants, with the City being obligated to follow through. Mayor Pro Tern Nestande shared that after this weekend with the Ironman Race event, which she is a big fan, was looking at Measure 26 as well. Hopefully, if the City closes any streets for physical activity, perhaps a better job can be done, because she heard there were a few issues with the closing of streets. Councilmember Kelly applauds the three selections made by staff, and she is counting on the excellent Palm Desert staff to do a vastly better job of dealing with any street closures. Councilman Jonathan stated the following three measures didn't make the cut: Measure No. 26 - Play Streets Policy that temporarily close streets to provide `pop up"playgrounds and recreation centers. He said this seems to be consistent with the use of San Pablo; Measure 31 - Use existing incentives to attract retailers that offer fresh fruits and vegetables and wholesome staple items at reasonable prices. He believed the City was already doing this with the Farmer's Market, so he sees this as an opportunity to do more; again, here he is focusing on San Pablo; Measure 42 - Collaborate with LHD or organization to support programs and activities related to obesity and diabetes prevention. He didn't want to change the recommendations, but to open staff's mind to the possibility that the City engages in those activities in the future, whether it's for this HEAL designation or not. Councilmember Harnik concurred with the suggested yellow items, however, she would like a new copy with the grey items fully visible, because in order to have a full discussion, the information is needed. Councilmember Kelly believed this was a great place to start, and it serves as encouragement to staff to pursue other measures. Mayor Weber suggested having the resolution rewritten, as she took great offense to the words, "Palm Desert's commitment to obesity prevention," so she will be voting NO for two reasons: 1) Palm Desert is home to all types of businesses, including fast-food restaurants, bars, sales of digital gaming systems, and we accept applications to do business in the City, including accepting the sale tax it generates. So when passing a resolution like this, it sends mixed signals to existing businesses in the City and the ones its courting; 2) Government can provide public safety and recreational healthy locations, and as mentioned, rewarding people for setting up food and vegetable stands and so forth, but she didn't believe it was government's business to say it has the ability to prevent obesity. iVA PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 Mayor Pro Tern Nestande agreed a city couldn't prevent obesity, because it's a personal choice. However, she felt some of the recommendations make it easier for people to reach their goals, if they so choose. Responding to question about what portion of the resolution she was most offended, she said the title itself, reiterating it was not government business to be deciding on these issues. Further, when you look at articles written in the past 20 or 30 years, many of the things claimed to be bad for you are later determined they're not. She said the City can do everything it can to provide ways that it thinks are healthy with parks, places to walk, places to ride bikes, farmers market, etc., but she was against the proposed Resolution. Councilmember Kelly suggested changing the title of the resolution to accommodate Mayor Weber's concern, questioning if that would be enough and/or if she would still have an issue with the text. Mr. Terfher replied that part of the process in getting the resolution through is to get approval through the HEAL City Campaign, so staff would have to go back and check with them. He suspected it would be okay, but he wouldn't know until he submits it for consideration. Mayor Weber explained that all the "Whereas," are likely factual, but she was adamant that it wasn't the government's job to be focused on obesity. There is ample opportunity for people to educate themselves on what to do with obesity in their children, and it was not the government's job to determine what is healthy for people. Councilmember Kelly wanted to explore whether there could be adjustments that would address Mayor Weber's concerns, but it sounds like she has a substantive objection, and each simply had to decide where they stood on this issue as a matter of policy. Like Mayor Weber, she didn't like to dictate choices for people, but she did feel it was government's function to educate and to assure people has the resources to make good ones. Further, healthy choices do bear upon the community as a whole, since unhealthy choices lead to greater expense for the rest, because of medical response and other consequences. She personally continues to favor the proposed Resolution as something that achieves the governmental purposes of the education and assuring that choices are available. She will keep frequenting fast food restaurants a couple of times a week, as well as others, because the proposed Resolution doesn't prevent it. Mayor Pro Tern Nestande commented that in supporting the Resolution, she was not advocating against McDonald's, because it came down to calorie consumption and calories out, and how much physical activity one does. She added that an 8-ounce bottle of apple juice contains 160 calories, was as a diet coke has zero calories. She didn't want to get into the business of legislating what people consume, but she is in favor of promoting healthy 18 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 living. In other words, she doesn't want to become New York City where they are banning sodas, and she is not perceiving this matter as such. She asked if she was correct in thinking that approval of the proposed Resolution was not leading the City down that path. Mr. Terfehr responded that any policy adopted by the City in relationship to this issue would come before the City Council, and the three measures chosen by staff are already happening and consistent with the City's vision. He confirmed the Resolution had nothing to do with whether or not you are able to drink sugary drinks Mayor Weber pointed out that Measure 39, indicated the City will "target areas identified as having the fewest options, and/or where obesity rates are the highest," stating now the City is having to go out and do research and labeling and counting people. Mr. Terfehr explained the data about the demographics of the City was already available, and recognizing in the planning process that obesity can be addressed through decisions being made through recreation and availability of those services. Further responding, he offered that if the City has a recreation project and is thinking about putting it in Area "A" or Area "B," through the data that's available, staff can choose to prioritize the project to an area where there is a larger obesity problem. Councilmember Harnik offered that significant research and data was already available through HARC (Health Assessment & Research for Communities), and if the City can make life better for others by offering an opportunity, it is the government's job to do so when possible. She reminded the City Council that this matter came from the CVB and Live Your Wellest campaign, which is very much part of their marketing for the Valley. Through the CVB, regionally, the City is doing the Wellest Campaign to attract people to Palm Desert for healthy and recreational opportunities, which was the impetuous for the proposed Resolution. This was not about passing a sugar tax or anything like it. Council had to recognize, educate, and offer opportunities, which she supports. As government, she believed the City had an obligation to offer opportunities to parts of the community that doesn't have it, and communities have already been identified through HARC, so this was not something extra staff had to do. Councilmember Kelly moved to waive further reading and adopt Resolution 2018 - 91. Motion was seconded by Harnik and carried by a 4-1 vote (AYES: Harnik, Jonathan, Kelly, and Nestande; NOES: Weber). 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 D. RESOLUTION NO. 2018 - 92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 2018-08 AND SETTING THE SCHEDULE FOR REGULAR MEETINGS OF THE PALM DESERT CITY COUNCIL IN CALENDAR 2019. Ms. Klassen noted the proposed schedule models the one Council previously observed, and it takes into account the important League of California Cities events. Councilman Jonathan thanked Ms. Klassen for providing the schedule for next year, stating it's helpful to calendar meetings one year ahead of time. Councilman Jonathan moved to waive further reading and adopt Resolution No. 2018 - 92. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). XV. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1343 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE APPLICATION FOR THE WOLFF COMPANY FOR A HIGHER DENSITY FROM FIVE (5) DWELLING UNITS PER ACRE TO TWENTY (20) DWELLING UNITS PER ACRE TO ACCOMMODATE A SENIOR LIVING PROJECT OF 164 UNITS, INCLUDING A CLUBHOUSE BUILDING ON 8.4 ACRES LOCATED AT 74300 COUNTRY CLUB DRIVE, Case No. CZ 18-0002 (The Wolff Company, Applicant). Mr. Stendell noted this was the second reading of the Ordinance. Councilmember Harnik moved to waive further reading and adopt Ordinance No. 1343. Motion was seconded by Kelly. 20 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 Mayor Pro Tern Nestande stated she voted NO at the first reading of the Ordinance, because she wanted to wait until the data came back from staff about where the City stood in its housing development compared to other cities, if there was demand, and how the site would be developed, and she still felt the same way. The proposed project is a 55+ community, so families under that age would not be eligible to live there, and she still didn't have the data to know if there is a shortage. The City has Portola Country Club, Sun Crest, Villa Portofino, and Segovia, which is a lot of restricted housing off Country Club Drive. She questioned whether this was the best use for the land there, which is a finite resource. Mayor Weber pointed out the Applicant had been working on this for years. Mr. Stendell said the Applicant has been working on this project for about 18 months, adding this parcel was sold out of the Successor Agency to the former Redevelopment Agency to this party who is proposing the development. They have been doing due diligence and planning for more than a year. Mayor Weber thought it had been going for three years, believing that's why this project came up, because it's one of the best uses for that parcel. Mr. Stendell explained there have been different development groups that looked at this parcel, and this is the second or third project seen. Councilmember Harnik believed the City's medium age is 55.5, so there is a need. Also, the developers have done a lot of work on this to feel comfortable about having a product they can market to the community. Councilman Jonathan stated Mayor Pro Tern Nestande's comments resonated with him in that Council had to be careful on how it shapes the community, but the reason he's okay moving forward, is that the City recently approved nearly 1,200 units geared toward millennials, and very much toward housing that is affordable. He likes that the City is offering an array of housing options, which is within the stated goals for the City's vision. The concept Mayor Pro Tern Nestande is expressing concern about, which is to be careful of the City's direction as it builds out vacant land, because you don't get "do overs," at least not for another 20, 30, or 50 years. 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 Mayor Weber called for the vote and the motion carried by a 4-1 vote (AYES: Harnik, Jonathan, Kelly, and Weber; NOES: Nestande). 2. URGENCY ORDINANCE NO. 1344 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROHIBITING MOBILITY SHARING SERVICES IN THE CITY UNTIL IT HAS AN OPPORTUNITY TO REVIEW AND DEVELOP REGULATIONS. Management Analyst Christopher Gerry stated that the proposed item is an Urgency Ordinance to prohibit mobility sharing services within the public right-of-way. The recommendation also allows staff to prepare draft guidelines for future Council consideration. This evening he will discuss the concept and mobility sharing, followed by how it works in the perspective of both the user and operator, pros and cons of mobility sharing, and why staff is recommending an Urgency Ordinance to prohibit such devices. Therefore, what is "mobility sharing." This concept has been coined in different ways, shared mobility and micro mobility, and in its simplest form it is the shared use of vehicle, bicycle, or other mode of transportation. Examples could be car sharing, bike sharing, scooter sharing, and ride sharing. It is also known as "ride handling" for transportation service for things like Uber, Lyft, and Micro Transit, which is also a newer concept that combines shuttle buses and ride handling. Mobility sharing provides flexible routes and schedules, which is counter to what traditional public models have been. Forthe purpose of this agenda item, the term "mobility sharing," is going to focus on bicycle and scooter sharing, and similar devices, instead of vehicles. Mobility sharing works by first downloading the operator's app using a smart phone, which includes an initial registration and payment information. After identifying the location of a mobility sharing device, the next step is to unlock the device using this respective app. The cost for services is contingent upon the type of device being used, the market, the use and distance, and/or unlock fees. Once having this device in your possession, the next step is to ride it to your destination. Once reaching the destination, the final step is to lock the device and officially end the ride, which then stops the payment. Many devices have self-locking mechanisms already built on them rather than placing a traditional lock by the user. He explained the two generations of mobility sharing, adding that this industry has evolved. The last business model, which was the third generation of mobility sharing relied on automated stations, also known as docking stations store devices. Docking stations were centralized locations that typically accept payments at the kiosks. In essence, to begin and end a ride, a user can pick up or drop off a device at a respective 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 docking station. Although, this is an older business model, there are some jurisdictions that still operate under this model, stating Washington, D.C. has had it for more than 10 years. Their multi -model had a different type of generation, but they are one of the bigger models for mobility sharing. Having said all that, he wouldn't imagine this third generation docking system model is going to make a comeback anytime soon, since we are on to the next generation. Mainly, because that model is very costly to operate and it's also restrictive for users as they have to find a docking station. The fourth generation and/or current business model are known as "dockless systems." Because these systems are dockless, storing the devices can be decentralized and left anywhere within the public right-of-way. However, some operators have the ability to deter users from leaving devices anywhere. For example, if operating in a restrictive area, determined by a public agency or mobility sharing company, they can charge additional fees or reduce the speed. Let's say you have an electric scooter and you are trying to, hypothetically, go into El Paseo, through a geo-fence type of imaginary boundary the speed can be lowered. There are advantages and disadvantages to this fourth generation type of mobility sharing within the community. Most of the advantages are fairly self-explanatory as it reduces vehicle emissions, promotes healthy living, reduces congestion and fuel consumption, and reduces transportation costs. He read something recently that you can spend $7,000 to $9,000 a year on vehicles, so there are a cost -savings for users of shared mobility devices if this is your primary mode of transportation. Another benefit is the old -aged question of the first and last mile dilemma in public transportation. This concept is the concern of connecting people from an initial destination, say work or home, to a public transportation facility, a bus stop or rail station, in order to arrive at the final destination. He said mobility sharing can really serve this intermediate gap to help address this concern. Some of the obvious disadvantages are that dockless systems can obstruct streets or sidewalks, if they are left behind anywhere. They can also create blight, in that in some cities you can see a stack of bicycles in a pile. If you Google "China" and "bike sharing," you will see thousands of bicycles stacked up; they actually have graveyards of mobility sharing devices. These devices can also encroach on property right-of-way, but they can be left on private property as well. It increases the volume of collisions if users do not know how to use some of these mobility devices, and it also increases the risk to the pedestrian industry. He added that some mobility devices can go up to 15 mph, so they can crash into public/private property causing damage. He imagined many of these items can be mitigated with appropriately structured guidelines to offer mobility sharing within the community. The purpose of the Urgency Ordinance is two -fold. An operator recently left more than 100 scooters in the 23 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 public right-of-way overnight in a neighboring jurisdiction. Leaving such devices unannounced in the public right-of-way appears to be a practice of some of these mobility sharing operators. Therefore, the proposed Urgency Ordinance will provide an additional enforcement mechanism to ensure devices are not operated locally in an unregulated manner in the public right-of-way. Secondly, it will allow staff additional time to research and prepare guidelines for City Council consideration. Mayor Weber pointed out this Urgency Ordinance is to allow the City to develop its regulations. Councilmember Harnik suggested contacting Southern California Association of Governments (SCAG), stating they have been dealing with this issue for a long time, and they have a lot of information. Councilman Jonathan believed the Urgency Ordinance made sense, but there was also a great opportunity, which is to get all the benefits mentioned without any of the detrimental consequences. He sees so many benefits of E-Scooters (Electric Scooters) that is consistent with the City's vision. In particular, using alternative modes of transportation, appealing to the millennial by reducing harmful impacts on the environment, creating greater mobility that doesn't rely on automobiles, etc., but at the same time, Council recognizes there are adverse consequences, potentially. He suggested a pilot program, stating he and Mayor Weber met with the government liaison from Bird Ride, Inc., and they had an opportunity to ask all sorts of questions. He said pilot programs are not rare, and it would give the City the opportunity to answer the unanswered questions. He said Palm Desert could try it out without any commitment and/or try it for a 90-day period, and it can do it with the input of the community and stakeholders. After the pilot program period, it can be evaluated. He said there are many restrictions that can be placed, by limiting the number of scooters and locations. On places like El Paseo, their use can be limited by allocating a place or two where they can be left, because there is the technical ability to make them inoperable. Guidelines can be set that anticipate the types of problems it wants to avoid. The thought behind this is to test it out to find out whether or not it's right for Palm Desert. Therefore, he suggested that under Section 10.99.020, which addresses the Prohibition, he would modify it to say, "Any mobility sharing program is prohibited within the City with the exception of a pilot program should the City Council chose to implement one." A vote on this today would not be binding the City to a pilot program. He further asked that staff meet with stakeholders and potential providers, such as Bird, Razor, Lime, and Lyft, and 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 make a recommendation to the City Council regarding the potential implementation of a mobility sharing pilot program. He believed this can be done by the second meeting in January and have a pilot program in place by February through April to conclude with the Coachella Music Festivals, Coachella Fest and Stage Coach. Mayor Pro Tern Nestande commented that it sounded like a reasonable request, but what about the ability to leave these devices just anywhere. As mentioned by staff, fourth generation systems can be left anywhere, but third generation devices require a docking station to return them to a specific spot. On the surface, it seems like a better option, because it requires the user to return them to a specific spot. If the City does a pilot program, how does the City decide what criteria is part of the program, questioning if that will be decided at another meeting. Councilman Jonathan replied it would, although, in Bird's case, they are committed to picking them up at 9:00 p.m., but that can be changed to an earlier time. He said these devices can be picked up, as there are people that get paid for picking them. It would be similar to Uber drivers and paper carriers, they choose to do this type of work in the evenings, stating many of the workers are students. He said operators know where their scooters are at all times, and they have them picked up and recharged overnight, and placed back on the street at 7:00 a.m. Although, he agrees one of the potential consequences is littering the streets and sidewalks with scooters. Therefore, he would like to see a company that will be diligent in picking them up every night. Mayor Pro Tern Nestande offered that her 21 year -old -son would probably rent the scooter and at 11:00 o'clock at night leave it wherever, and maybe even in the middle of the road, and then get a ride home with a friend. Would her son have any consequences and/or be fined. Not to discriminate against young people, but she could see Coachella Valley Music Festival goers, just leaving them in inappropriate places. Mayor Weber felt Council was digressing, because the issue this evening was an Urgency Ordinance, and Councilman Jonathan suggested adding a line item to look into everything Mayor Pro Tern Nestande is questioning. She questioned whether Council was allowed to add a line item. 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 Mr. Hargreaves explained that given it's an Urgency Ordinance with one reading, the motion can be to adopt the Ordinance with the additional line item. Councilmember Kelly supports the motion with the proposed change Councilman Jonathan suggested. Just this brief conversation establishes the importance of staff thoughtfully looking at what the perimeters should be for a pilot program. If the City doesn't have good enough perimeters, Council will generate deep seeded public opposition to an expanded program. It might be helpful, by some process, to have some exchange between staff and Councilmembers individually, if not, collectively, to explore perimeters that would be sensible. Councilman Jonathan moved to waive further reading and adopt by four -fifths vote Ordinance No. 1344, as amended, modifying Section 10.99.020 - Prohibition, Item A to read as follows: `Any mobility sharing program is prohibited within the City, with the exception of a pilot program, should the City Council choose to implement one." Motion was seconded by Nestande. Councilmember Harnik said she supports the addition, but the whole purpose is to avoid having devices dropped in the City overnight, and to allow staff to set forth meaningful, safe, and logical guidelines for these programs. She said Palm Desert doesn't want to be in the newspaper like Palm Springs was over this issue. Therefore, after staff does their research, Palm Desert will have the guidelines that will allow Council to put out a pilot program. She appreciates the Urgency Ordinance, and the sooner this is done, the better. Mayor Weber believed the City was facing a time frame that in order to create these guidelines, it seemed logical to have a 90-day pilot program, because staff is already aware of all the problems. Fortunately, staff has already shared what the problem could possibly be, which is the reason for the modification. She thought Council was in support of a 90-day program and its possibility. Councilmembers Harnik and Kelly disagreed. Councilmember Kelly said she wouldn't know whether she can support a pilot program until she sees what the safety perimeters are in the pilot program. Councilmember Harnik said the motion indicates that it's not excluding the possibility of a pilot program, because she wants more information before making that decision. 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 Mayor Jonathan believed everyone was circling around the same thing, because the Urgency Ordinance is crucial, and he commended staff for initiating it as it will prevent the chaos not just in Palm Desert's jurisdiction, but in others as well. In some cases' cities have objected and others they haven't. However, this Council wants to be in control, so the moratorium provides that opportunity. The reason for the amendment, is because there is an opportunity to move the City forward into the 21 st Century, and without it, a pilot program would be prohibited. It's just asking staff to study it and return to the City Council, but it's not voting this evening on a pilot program. Mayor Weber called for the vote and the motion carried by a 5-0 vote. XVI. NEW BUSINESS *NOTE: SECTION XVI -NEW BUSINESS, ITEMS A AND B WERE THE FIRST ITEMS OF REGULAR BUSINESS AFTER RECONVENING THE REGULAR MEETINGS AT 4:00 P.M. A. DECLARATION OF RESULTS OF THE 2018 PALM DESERT GENERAL MUNICIPAL ELECTION CONDUCTED IN THE CITY ON TUESDAY, NOVEMBER 6, AND OTHER SUCH MATTERS AS PROVIDED BY LAW. Ms. Klassen reported that this summer, as per regulations of the Municipal Code, the City conducted a Municipal General Election. The process started in June by calling the election and setting up procedures for Candidate Statements. This year also included Measure Q to tax cannabis businesses in the City. From the period of July 16 through August 10, 2018, candidates came in to pull papers to be on the ballot, five in total with two incumbents and three challengers. The following candidates are as they appeared on the ballot: Sabby Jonathan, Kenneth Doran, Jan C. Harnik, Carlos Pineda, and Matt Monica. The election was held on November 6, 2018, with Sabby Jonathan and Jan C. Harnik being the top vote getter, and thereby to be elected. As a matter of statistical information, the City reached a new high in total registration in the City. As of the November 6, 2018, Election, there were 27,274 registered voters in the City, which is a littler over half of the population. The total turnout was 74.39%, which is excellent. Staff requested the City Council adopt the resolution declaring those results and other matters as provided by law, including ratifying the Ordinance that was passed by a majority of the voters. Measure Q received almost 77% of a YES vote. 27 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 Councilmember Harnik moved to waive further reading and adopt: 1) Resolution No. 2018 - 93, reciting the fact of the General Municipal Election held on Tuesday, November 6, 2018, declaring the result and such other matters as provided by law; 2) Ordinance No. 1339, adding Chapter 3.50 to Title 3 - Revenue Finance - of the Palm Desert Municipal Code, establishing a tax on Cannabis Businesses operating within the City of Palm Desert. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). B. ACTIONS RELATED TO INSTALLATION OF NEWLY ELECTED COUNCILMEMBERS AND ANNUAL MAYORAL ROTATION. Following adoption of the resolution declaring results of the 2018 Palm Desert General Municipal Election, the City Council followed the subsequent actions to officially complete the process: 1. City Clerk administers the Oath of Office to Newly Elected Councilmembers and presents each with a Certificate of Election. Ms. Klassen congratulated both Sabby Jonathan and Jan C. Harnik on their victory and went on to administer the Oath of Office and presented each with a Certificate of Election. 2. Comments from Newly Elected Councilmembers. Councilmember Harnik thanked everyone for the vote of confidence and the privilege and honor to continue serving this community. She said the past eight years have been an amazing journey, and a lot was due to the staff and support received from the community, adding it was wonderful to watch this City move forward in such a strong and vibrant fashion. Again, she thanked everyone for this opportunity. 3. Comments from Outgoing Mayor and Mayor Pro-Tempore. Mayor Pro Tem Weber stated that one of the best things about being Mayor Pro Tem was getting to know the Mayor better. She said Mayor Jonathan came to the City Council with an extensive background, including making major contributions to the City having served on the Planning Commission for 16 years. Therefore, years ago, the Mayor was able to implement the standards for the City with his Commission activities, and now as Councilmember and Mayor, he's been able to design policy for future developments. She speaks for many when she says thank you to Mayor Jonathan for his dedication and his service to the City of Palm Desert. m PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 Mayor Jonathan thanked Mayor Pro Tem Weber for her kind words. He said people that attend these meetings will learn each Councilmember is a little bit different, but one of the things that makes it special, is that they respect and listen to each other. The comments made by Mayor Pro Tem Weber are a demonstration of that mutual like and respect, which helps the City function better. He thanked his colleagues for allowing him to serve as Mayor this past year. He appreciates their trust, and he's sure there are moments of regret, but everyone got through it. As a kid who was born in a little town in the State of Israel years and years ago, he never would have imagined being blessed with the opportunity of serving as a Mayor, especially in a city of the quality of Palm Desert. He gave a shout out to the entire staff, both the ones he interacts on a regular basis, but those behind the screens. He said these individuals are really good at what they do, but they are also passionate about their job. He said Palm Desert employees don't relax until they achieve the high standards set as the goal, and the City Council is blessed to have them. At the end of the day, Councilmembers make decisions on policy, but the success is a credit to City staff. Finally, he thanked his wife Wendy Jonathan for supporting him and accompanying him to thousands of luncheons, dinners, and galas, stating he couldn't thank her enough, because it was a two -person job in that regard. He said being Mayor was an experience he will never forget and will always treasure. 4. Selection of Mayor and Mayor Pro-Tempore for the coming year. Councilmember Harnik moved to appoint Susan Marie Weber as Mayor and Gina Nestande as Mayor Pro Tem for the coming year. Motion was seconded by Kelly and carried by a 5-0 vote. 5. Commentsfrom the Newly Appointed Mayorand Mayor Pro-Tempore. Mayor Pro Tem Nestande stated she has learned a lot these past two years on the City Council from her fellow colleagues, especially from former Mayor and Mayor Pro Tem. She is so honored to be serving this wonderful City, and if anyone wishes to meet with her to share their comments, her door is always open. Mayor Weber made the three following historical comments: 1) Forty- five years ago last month, the City of Palm Desert was incorporated, and as many already know, Jean Benson was on that first City Council and served for a very long time. Today, this Council is the beneficiary of the leadership from that time, and Palm Desert is not that much different from 20 or 30 years, having continued the strong ems] PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 values and long-term planning; 2) With the passing of former Mayor Robert A. Spiegel, Palm Desert lost part of its history. We frequently use the phrase institutional history, and it happens when you hear a long-term staff member or Councilmembers recalling something from the past. History is what makes Palm Desert unique and resilient; 3) One of most important parts of history is the history that is being made today. This past year, the City has added new staff and others have moved to other departments, and this alone is beyond exiting. There are new faces, new ideas, and project being considered, making future history. The team that is working on the San Pablo Corridor is making history, because in five years, many of them will be recalling their initial work on the project. The corridor will be unrecognizable and an exciting part of the City. Current staff is bringing forth fresh ideas and perspectives to an already sound and strong City. Five or fifteen years from now, Palm Desert will probably still function conservatively and in a methodical method fashion, but the face of the City will be totally different from what it was 45 years ago. She said she loved her City and is honored to have served as a Councilmember, and now she is humbled to serve as the Mayor for this coming year. She additionally thanked her friends in the audience for attending this evening. Mayor Weber called for a short recess at 5:01 p.m. She reconvened the meeting at 5:10 p.m., resuming the regular agenda with Consent Calendar. C. REQUEST FOR APPROVAL OF AN AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND NEW CITIES INVESTMENT PARTNERS, LLC, FOR THE PROJECT KNOWN AS "THE SANDS APARTMENTS" ALONG HOVLEY LANE EAST (Lee Newell/New Cities Investment Partners, LLC, Applicant). Senior Management Analyst Jessica Gonzales noted that approval of staff's recommendation will allow the developer with The Sands Apartment to satisfy the requirement of the affording housing condition of the project. The developer requested a correction, and staff's request is to approve an Affordability Restrictions and Regulatory Agreement by and between the City of Palm Desert and The Sands Apartments, LP, a California limited partnership. Councilmember Harnik moved to, by Minute Motion: 1) Approve the Affordability Restrictions and Regulatory Agreement in accordance with the conditions of approval of the New Cities Investment Partners, LLC, project known as "The Sands Apartments," with The Sands Apartments, LP, a California limited partnership, substantially as to 30 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 form; 2) authorize the City Manager and/or legal counsel to negotiate and finalize the Agreement materially consistent with the project approvals and take any action necessary to effectuate the Agreement; 3) authorize the Mayor or his/her designee to execute the finalized Agreement and any documents necessary to facilitate the Agreement as amended, approving ownership change from New Cities Investment Partners, LLC to "The Sands Apartments, LP, a California limited partnership." Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None) D. PRESENTATION OF YEAR-END REPORT FROM THE DESERT WILLOW GOLF RESORT. MR. DEREK WHITE, General Manager at Desert Willow Golf Resort, stated he would be remised if he didn't thank the City Council and staff for providing the renovations, upgrades, and capital improvements necessary to keep Desert Willow(DW) at the award -winning renounce status. He said Desert Willow had a record -breaking market by finally breaking the $11.million mark in revenue. The previous record before the recession in 2007/2008 was $10.8 million, and this past year it was $11.4 million. He said DW broke records in all categories, most notably in the food and beverage for the first time broke through the $3 million mark, and in green fees, they missed breaking the record by $10,000. They are seeing an increase in the economy and they are leveraging it to the best of their abilities. On a monthly basis, they broke individual records for revenue for the months of September through March. Lastly, they broke the 90,000 rounds for the first time since the 2007/2008 time frame. One of the stats he wanted to share is from the ORCA Report, which is an independent organization that takes in all the data from the competitive sector in the area, which shows how they are doing against one another. He's happy to report Desert Willow was the highest utilized golf resort in the Palm Springs market, stating their utilization rate was 67.3%, which is high when you take into account the summer months. The Palm Springs market was 58.3%, and DW's direct competitive sector was 58.6%. Therefore, Desert Willow was 10% better in utilizing tee times available. This all leads to revenue per available rounds, just like a hotel would have revenue per room nights. This statistic goes back four or five years now, and he's proud to say with the exception of the renovation years when it shut down the Fire Cliff Course, from a green fee standpoint, they have been No. 1 in the competitive sector for every one of those years. Things they do for the community include the The Shoopy Scramble (Annual Skin Cancer Golf Tournament), and they are on their 71h year. Over the past six years they have contributed over $146,000 to Eisenhower Lucy Curci Center, stating it has quadrupled the number of skin cancer screenings. He said the funds are now in assistant with other grants, which will provide one of approximately 7 or 8 screening machines in the Country that will go to Eisenhower. Another charity organization that Kemper Sports and Desert 31 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING 10 -7 DECEMBER 13, 2018 Willow supports is the Folds of Honor, which provides educational scholarships to fallen and disabled service -members. They raised more than $14,000 last year and were awarded the Folds of Honor Top Performer Award from their organization. This year they have already raised $10,000 and a bunch of golf professionals will be playing 100-holes of golf as the charity fundraiser portion of this event is next week. Other charity community involvement include: Palm Desert Boys & Girls Golf Team where DW donates 800 rounds of play, which is done during the season at the end of the day; Desert Willow Golf Pros versus the Palm Desert Golf Boy's Team event; and is host to many concerts and dinner events like Cigar Dinners, Wine Pairing Dinners, Dining Under the Starts, Classic Cars, El Paseo Cruise Night Concert, etc. They also provide auction certificates for various organizations in the community, which they keep locally as much as possible. He said Kemper Sports has a propriety customer service training program called "True Service," and the corresponding feature of it is "True Review," where DW receives statistics and feedback, and he's proud to say that for 2016/2017 they received a Net Promoter Score of 80. For the 2017/2018 they hit the 85.7 mark. He said the company sets a high bar and it was set at 70, and they've been above 70 ever since they started the program, and is proud to say they are at the 85.7 mark. Through the National Golf Foundation (NGF) they take an annual survey and were benchmarked against other properties similar to Desert Willow. He said Desert Willow was awarded the NGF National Customer Satisfaction Award for 2018 Top Five Overall Satisfaction Award from all that participated in the survey and had green fees above $75. Additionally, DW started a campaign this year and sought customers' feedback by launching the #sharevourstory and received phenomenal stories. He read a few of the excerpts he thought were note worthy and concluded his presentation. Councilmember Kelly noticed there were improvements and increases in loyalty rounds played, which indicated to her that the Platinum Club Program is meeting a need for people who want to be able to book with notice and enjoy a reduced price. MR. WHITE agreed, stating this year's result is better, adding he didn't think they would ever reach the 1,000 card mark, and they just sold out. Last year they sold 912 cards, and that was all the way through the season. He believed there will be more cards this year. Responding to question about feedback from local residents on their ability to have access during the season, he said the numbers have already hit, because in October and November Desert Willow only has single course access, and you have a lot of people wanting to play. Certainly, there are still some concerns about what's available. He will say, however, they were blown away with the course conditions, stating they absolutely love it. 32 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 Councilman Jonathan thanked Mr. White and his staff for all their hard work. At the Desert Willow President's Committee they do a deep dive and go into the weeds and find out how many moving parts there are to the operations. He also thanked Director of Economic Development Martin Alvarez, who can probably run a golf course by now as he oversees Desert Willow, and he does a great job at it. Based on Mr. White's report, he's hearing that Desert Willow is operationally sound, which other cities are not able to say. The customers' satisfaction is off the charts, as it's truly a country club experience for a day, and there are many non -golfing uses of the City's asset, which is great, because it's being maximized. Finally, the community give back by DW is also great, and that didn't really register with him before, which is amazing. Councilmember Kelly said it was an excellent report of providing details and it substantiates Councilman Jonathan's comments. She wondered if the report can be made available through the City's Website, because the health of the course is a topic of public interest, and there is a lot to brag about. Councilmember Harnik moved to, by Minute Motion, receive and file the report. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). Ms. Aylaian thanked General Manager Derek White, and Food & Beverage Director Todd Kelly, both of whom provide excellent service to anybody that visits. E. REQUEST FOR APPROVAL OF THE LEASE AGREEMENT BETWEEN CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT FOR 43930 SAN PABLO AVENUE, PALM DESERT (CONTRACT NO. C37930). Management Analyst Heather Horning stated staff is requesting authorization to execute a new lease agreement with the Family YMCA, the Civic Center facility. At the direction of the City Attorney, there was a minor amendment made to the first page of the lease, clarifying the parties mutual discretion. The replacement page was provided to the City Council just prior to the meeting. Mayor Weber acknowledged receiving the replacement of the first page. Mayor Pro Tern Nestande moved to, by Minute Motion, authorize the City Manager to execute subject Lease Agreement between the City of Palm Desert and Family YMCA of the Desert. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). 33 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING XVII. CONTINUED BUSINESS None XVIII. OLD BUSINESS i AM DECEMBER 13, 2018 A. REQUEST FOR AUTHORIZATION TO ADVERTISE A NOTICE INVITING SEALED BIDS FOR CONSTRUCTION OF THE SAN PABLO AVENUE CORRIDOR IMPROVEMENTS - PHASE I - FROM HIGHWAY 111 TO FRED WARING DRIVE (CONTRACT NO. C35520C, PROJECT NO. 691-16). Mr. Garcia stated this was a request to send out a Notice Inviting Bid for construction of the San Pablo Avenue Corridor Improvements - Phase I. Each phase provides their own perspective and input to make it a better and complete project that serves both business and residential needs, making it a multi -use corridor that focuses on bicycles and pedestrians, along with providing vehicle access and parking. It offers infrastructure improvements so that denser development can occur once the project is complete. He said staff passed out both the project's feature manual and a copy of the PowerPoint presentation. He noted John Clemmens and Michael Grier from Dokken Engineering, and Tony Lawson from ADL Planning Associates will provide a PowerPoint presentation and answer any technical questions. Lastly, the Planning Commission also heard the proposed recommendation and endorsed it. MR. MICHAEL GRIER, Project Engineerwith Dokken Engineering, stated he would be providing an overview presentation on the San Pablo Avenue Corridor Improvements - Phase I from Highway 111 to Fred Waring Drive. He will start with the project limits and zones, and Tony Lawson will go over the features. The first zone is from Highway 111 to San Gregonio. The existing traffic signal at Highway 111 will remain with a decorative crosswalk. There will be another decorative crosswalk at midpoint on this zone, just north of Alessandro Drive, and then a third one when you approach the roundabout. Within the Zone 1 median, north of Alessandro Drive, they will be diagonal parking and trees. The sidewalks will be widened, creating a street front and storefront zone with a series of meandering walls, directing pedestrians to stay in one of the two zones. In Zone 2, what they consider more the residential and community gardens zone, there will be a mid -block crossing that accesses the community gardens, stating it will be a nice open area for pedestrians to walk to and making it clear to cars there is a crossing. With regard to the roundabout, he thanked the City Council for allowing them to go forward with the design, because it will work well for all users. The speed within the roundabout is below 25 mph, so vehicles are slow enough, 34 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 and cyclists are either given the option of taking the street lane or sidewalk. He noted this was a road diet project in that it's going from four lanes to two lanes, with additional parking along the curb lines and at the median in Zone 1, and two buffered bike lanes that can be used by bicycles or golf carts. MR. TONY LAWSON, ADL Planning & Associates, stated they have been extremely excited about working on this project. The impetuous is to improve the pedestrian experience and opportunity to create a more viable and vibrant downtown area for businesses within this southern section, which is called Zone 1 on San Pablo. He said this will be a comfortable place where the locals/community can go year-round with a strong emphasis for outdoor use. The plan is to create a street front and storefront zone, and he displayed the design showing it's gaining sidewalk area by narrowing the street. He explained there are basically two types of people, those who are trying to make their way down the street or those who want to experience what's there, the shops and restaurants. Therefore, they created a design that allows those two activities to work hand in hand, but moving at different paces, coupled with the enhanced opportunity for businesses. He reviewed the different areas of the zone, stating they focused on the quality of the space and making them beautiful, and part of that includes the finishes. They will be working with nice finishes, enhanced concrete materials, as well as creating spaces and built-in seating area. A common theme will be carried through the zone. In terms of the setting here, anytime you step outside you are always reminded of the surrounding hillsides, and the team drew from that inspiration for this theme wall that will be carried through all of Zone 1. This project will include more than 250 trees that help the environment, ecology, and providing shade and scale for this area. In Zone 2, at each end of the existing community gardens, the streets that intersect San Pablo will be narrowed slightly enough to create these enhanced pocket parks; there will be a total of seven (7). The pocket parks will be a benefit to the residents and community as a whole. Each of them has a different theme such as an exercise area, picnic area, kids play, leisure, and they include elements and features that reinforce and support the individual pockets with exercise equipment, picnic tables, musical instruments, lady bug, chalk board, and seating. MR. GRIER stated that with regard to the public art pieces chosen, he had to credit Mr. Paul Hopson who was selected as part of the team. He is also the artist that did the paving on the outside of the Palm Desert Aquatic Center. He said Mr. Hopson came up with a number of ideas for the decorative crosswalks, and the ones selected by the team were displayed. They also added a couple of snake design bicycle racks for both the east and west side of Zone 1. He said they have a book of more than 55 renderings with different shade structures, benches, book swaps, and columns, adding Mr. Hopson has a lot of great ideas and does beautiful 35 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 work. If the budget allows it, some of the shade structures can be included as part of the design. Mr. Garcia pointed out the shade structures are currently not in the project that's being bid. Councilman Jonathan stated this being the first phase of the re -imagination of the Downtown City Core, questioned if consideration was given to a unifying theme, so that when people enter the Core, they will know that they are there. MR. GRIER replied they did, and they spoke to City staff at one of their meetings and generated a few examples. However, as a group, they came to the conclusion that the City needed to think about its branding features, without them trying to reinvent or replace an existing one. They decided to shelf that at this time, and allow the City come up with a branding they may want to use in the proposed zone, and other areas as well. Councilman Jonathan commented that as the City moves forward, consideration is given to branding the zone/region. Further, he's impatient and noticed it's expected to be completed in 2020, questioning if Phase II will be linear or will there be some duplication so that there is not a long lag between zones. Mr. Garcia offered that any day now, staff is expecting to receive notice on whether or not it will receive an additional $4 million in ATP (Active Transportation Program) Funding, which will allow for completing the design and going out to bid. He said Phase II was not contingent upon Phase I. Councilmember Kelly applauds the work, because there is so much in the project to love. The themes in the pocket parks are inspirational, and she could hardly wait to see it come to pass. However, the trash receptacles were not at the same level of imagination on two scores. It frustrates her completely when she tries to put the right thing in the right can at Costco, only to discover all three bins are completely mixed. She believed smart people are designing recycling receptacles that actually succeed, suggesting an art component that catches peoples attention and really gets them to think. She said there are so many things about this project that are beautiful and thoughtful, and she's hoping that same level can be reached with the trash receptacles. MR. GRIER agreed, stating the model that was chosen can be one where they would include branding. He added the lids on the cans themselves, 36 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 would have that final recycling emblem on the top, including on the side of the lid. MR. LAWSON agreed with Councilmember Kelly 150%, becausethey rarely truly work. The team has had a lot of discussion with City staff on this issue, and he had the upmost confidence they'll come up with a better solution, now that she has brought it to the forefront. Councilmember Kelly inquired about the summary from the Planning Commission, where they wanted to make sure two specific areas received attention from the City Council. One was pavers in the center parking area and the other was concrete finishes. Mr. Garcia explained those two items were concepts that were floated in the original design, but when putting cost to the enhanced concrete, it turned out to be extraordinarily expensive, as well as pavers. Staff opted to go with color concrete, a more standard design at a reduced cost. Also, the pavers that were planned for the center diagonal parking area will have thermoplastic markings that mimic pavers. Currently, there are samples floating around City Hall, including CVAG for their CV Link project. Staff is excited about using the indented asphalt with thermoplastic that would mimic the look of a paver without the additional maintenance or cost. Councilmember Kelly said she was fine with those outcomes and was just following through with the Planning Commission's request. Mr. Garcia noted they are also following up with other recommendations such as landscaping between the two tree walls at the angled parking area in Zone 1, because that area is unusable for parking. Councilmember Harnik moved to, by Minute Motion, authorize the City Clerk to advertise a Notice Inviting Sealed Bids for construction of the San Pablo Avenue Corridor Improvements - Phase I - from Highway 111 to Fred Waring Drive. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). 37 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2018 XIX. PUBLIC HEARINGS A. CONSIDERATION OF THE MAKING OF FINDINGS PURSUANT TO GOVERNMENT CODE SECTIONS 66000-66008, RELATING TO THE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2018. Ms. Moore explained State law requires that each local agency that imposes development impact fees prepares an annual report specific to those fees. The report needs to include what the money was spent on, interest, or any other things added to the fund. The report was presented to the Desert Valley Builders Association (DVBA) and Builders Industry Association (BIA) - Riverside Chapter. The City received comments from the DVBA and staff has responded to most of them. No comments were received from the BIA. In order to take this forward for the fiscal year, staff is asking Council to hold a public hearing and make findings that there are no amounts required to be refunded based on the staff report and review done by staff. Mayor Weber declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Councilman Jonathan moved to waive further reading and adopt Resolution No. 2018 - 94, accepting the report and making certain findings pursuant to California Government Code Sections 66000-66008. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). XX. ADJOURNMENT With City Council concurrence, Mayor Weber adjourned the meeting at 7:12 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 0]