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HomeMy WebLinkAboutPrelim - CC - 02-28-2019PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 28, 2019 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:05 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilman Sabby Jonathan Councilmember Kathleen Kelly Mayor Pro Tern Gina Nestande Mayor Susan Marie Weber 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 Ty Davis, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Rocha, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING IV. ADJOURN TO CLOSED SESSION Request for Closed Session: F9119TAM FEBRUARY 28, 2019 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 45656 Mountain View Avenue, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/City of Palm Desert Property Owner: LeRae Britain Moeller Bush Living Trust Under Negotiation: x Price x Terms of Payment 2) Property: 45653 Portola Avenue, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/City of Palm Desert Property Owner: LeRae Britain Moeller Bush Living Trust Under Negotiation: x Price x Terms of Payment 3) Property: 1.55t Acres, SEC Fred Waring Drive/San Pablo Avenue (APNs 627-101-002, 627-101-017, 627-101-033, 627-101-061, 627-101-062) Negotiating Parties: Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Weber adjourned the meeting to Closed Session of the City Council at 3:05 p.m. She reconvened the meeting at 4:04 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves reported that the City Council voted unanimously to approve an Exclusive Negotiation Agreement (ENA) with the Chandi Group, USA, for the purchase and development of the parcel lot on the corner of Fred Waring Drive and San Pablo Avenue. Copies of the agreement will be available to the public tomorrow morning. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF FEBRUARY 28, 2019 THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member Erin Kulas VII. INVOCATION/INSPIRATION - Councilmember Kathleen Kelly VIII. AWARDS AND PRESENTATIONS A. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER ERIN KULAS. Miss Kulas reported that yesterday the Youth Committee hosted a Technology Day at the Joslyn Center where they assisted twelve seniors with their computer and phone devices. An upcoming event is a party for the students at Lincoln Elementary School. She added they actively seek members for Youth Committee. B. PRESENTATION OFACERTIFICATE OFACHIEVEMENT RECOGNIZING DYLAN LE AS WINNER OF THE DESERT SANDS UNIFIED SCHOOL DISTRICT SPELLING BEE. On behalf of the City Council, Mayor Weber presented a Certificate of Achievement to Master Dylan Le for winning the Desert Sands Unified School District Spelling Bee. When asked what was the most difficult word he had to spell, Master Le replied "Wainscot." C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT COMMITTEE/COMMISSION MEMBERS FOR THEIR VOLUNTEER SERVICE TO THE RESPECTIVE CITY LEGISLATIVE ADVISORY BOARDS. 1. On behalf of the City Council, Mayor Weber presented the engraved crystal clock to Ms. Katherine Hough and expressed sincere appreciation for the 24 years of service to the City's Art In Public Places Commission. Mayor Weber added that as the City Council liaison to the AIPP Commission, Ms. Hough has added to her education about art in general. Ms. Hough graciously accepted the clock and noted she recently retired from the Palm Springs Art Museum after 42 years as a curator. She added that she just finished her last project at The Galen in Palm Desert where a hundred pieces of artwork was installed for an CK PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 upcoming fundraiser. This event will be a live auction and it's called "ArtRageous." The collection consists of donated work from 100 artists. Funds raised will go into exhibitions and programs in the community and for The Galen. The auction is on March 18, 2019, but the exhibition begins tomorrow, March 1. 2. Ms. Denise Poeltler who was scheduled to be recognized for her service on the Building Board of Appeals was unable to be present at today's meeting for the recognition. Her engraved crystal clock will be sent to her separately. 3. Ms. Lois Cardona who was scheduled to be recognized for her service on the Library Promotion Committee was unable to be present at today's meeting for the recognition. Her engraved crystal clock will be sent to her separately. 4. On behalf of the City Council, Mayor Weber presented the engraved crystal clock to Ms. Susan Rosenberg and expressed sincere appreciation for her seven years of service to the Citizens' Sustainability Committee. Mayor Weber added that Ms. Rosenberg was involved with the Plastic Bag Ordinance in the City of Palm Desert. Ms. Rosenberg extended her appreciation for the recognition, adding that when she was first appointed, she was the first woman on the Committee, and now that she's leaving, she's encouraging other women to join. IX. ORAL COMMUNICATIONS - B MR. DOUGLAS GALLOWAY, Director of Special Events forthe Palm Desert Youth Sports Association (PDYSA), announced that Saturday, March 9, 2019, is their annual opening day for the boys' baseball and girls' softball, which is now referred to as "Palm Desert Field Day." The event will feature carnival for the kids, food trucks, snow cone trucks, fire engines, police vehicles, and about 15 to 20 safety -related booths. Also, at 11:00 a.m. they will feature "Battle of the Broadcasters Softball Game," which is a game between KESQ and the Police Department against NBC and the Fire Department. Some of the broadcasters that have already confirmed include: Karen Devine, Gino LaMont, Bryan Gallo, John White, Olivia Garvey, etc. Further, weather permitting, four World War II airplanes will fly over the event. He invited Mayor Weber to come out and participate and hopefully be interviewed by one of the announcers at the event. Councilmember Kelly suggested the winner take on The Desert Sun, making it a multimedia competition. 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 MR. GALLOWAY said the association would like to hold an event at the end of the season, so if The Desert Sun is interested, they will make the offer. Councilman Jonathan commended Mr. Galloway on the event, because he recalled it initially started out with just baseball and softball opening day, and then the City collaborated with the association and created a safety day, but this was taking it to the next level. MR. GALLOWAY appreciated the comments, stating he's hoping the broadcasting challenge will bring awareness and exposure to encourage kids to sign up and play each year. He added this was recreational sports for kids and he's hoping to get more sign-ups. X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Councilmember Jan C. Harnik Committee Reports and General Comments. 1. Portola Post Office Meetinq - reported that the gentleman that talked about the issue did a great job of explaining how they would be going about it and why the post office was closing. She understands many people have been enjoying its convenience, but the building is owned by a private entity, and the Federal Government was leasing it. The Federal Government is looking for another location, and the City will help in any way possible to facilitate in them finding one that will be equally convenient and accessible. 2. McCallum Theatre Board Meetinq - announced that the McCallum is the No. 1 Theatre in California for ticket sales in the months of January, February, and March. She went on to say she was so impressed with the Board and their expertise, including being so generous with their resource. 3. YMCA - Dinner With a Deleqate - attended this event along with City Manager Lauri Aylaian and Administrative Services Director Lori Carney. This event includes youth who are involved with the program Youth in Government. This was just another example of the things the YMCA is involved with that impact the community. 4. Maintenance Supervisor's Association Luncheon - she pointed out that the City's Engineer Randy Bowman made a presentation about interior illuminated street signs. She added staff takes pride in its beautiful City, because it shows in its streets and signals. She said a number of City staff was in attendance, including Director of Public Works Tom Garcia. 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT FEBRUARY 28, 2019 5. President's Plaza - met with citizens and property owners about their concerns on President Plaza, and they were informed that they would be getting an updated design soon. Mr. Garcia agreed, stating the City should be receiving the updated design on Friday, March 1. Councilmember Harnik commented it was critical to maintain a line of communication and keeping concerned citizens informed as the City moves forward. B. Councilman Sabbv Jonathan Committee Reports and General Comments. None C. Councilmember Kathleen Kellv Committee Reports and General Comments. State of the Citv Presentations - complimented Mayor Weber for her two recent State of the City -type of presentations, where she did a superb job. She thanked the Mayor for a job well done, including staff members who were contributing participants. Mayor Weber thanked Director of Community Development Ryan Stendell and Information Officer David Hermann for assisting, stating staff is so knowledgeable about the City's operations that she couldn't image making presentations without them. 2. Southern California Association of Governments (SCAG) - it's important to note that SCAG is very critical to Palm Desert, because decisions are made pertaining to housing and transportation, and for some time, Councilmember Harnik is the representative from the Riverside County Transportation Commission (RCTC) to SCAG. Therefore, the City has had a presence in participating in those decisions for quite some time. Recently, a spot opened up for the representative from the six cities, which includes Palm Desert to the regional council, and she is pleased to report that with the support of her colleagues, she was selected to be that representative. Now Palm Desert will have two representatives from the City Council participating in different policy committees and the decision -making process at SCAG. Mayor Pro Tern Nestande commented she was unable to attend that meeting to add her vote to her appointment, but Councilmember Kelly had her support in spirit. Mayor Weber extended her appreciation to Councilmember Kelly for accepting, because it was going above and beyond, stating she appreciated her service. IX PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 D Mavor Pro Tern Gina Nestande Committee Reports and General Comments. None E. Mavor Susan Marie Weber Meeting Summaries Report for the Period of January 28 - February 17, 2019. With City Council concurrence, the Meeting Summaries Report was received and filed. 1. Desert Sands Unified School District - reported that on February 19, 2019, the District presented the City of Palm Desert, the Historical Society, the cities of Indian Wells and Rancho Mirage, with Certificate of Appreciation for their participation in the annual Mini -muster Program that takes place in October in collaboration with the Fire Department. F. City Council Requests for Action. Palm Desert Country Club Update - Councilmember Harnik requested an update on Palm Desert Country Club, because based on correspondence she received on the Executive Course, it appears there has been no progress. Ms. Aylaian agreed to provide an update at the next City Council meeting and requested Councilmember Harnik share the correspondence with staff. 2. Burrtec Waste & Recvclinq Services - Mayor Pro Tern Nestande said she met with Burrtec representatives, who brought to her attention that Assembly Bill 1382 has been presented, and it deals with organic waste material, which is also known as food. She said each city is going to be responsible for policing food waste, because 100% of it won't be allowed to go into the landfills. The bill will affect residents, restaurants, grocery stores or anybody that deals with food, because only 50% of food waste will be allowed to go into the landfills, and this will be based on the 2014 levels, and by 2025 it will be 75%. Additionally, Burrtec informed her it would take 200 facilities to be able to take organic food waste, and currently there is only one. She pointed out it took three years to expand the current facility and they need 200 by 2020. Therefore, she requested staff reach out to Assemblyman Chad Mays or State Senator Jeff Stone on this issue. Ms. Aylaian said the bill is on the agenda for tomorrow with the Legislative Review Committee. She said the committee will discuss ►7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 and review and make a recommendation to the City Council in seeing if it wants to weigh in, as a body, on the issue. G. City Council Consideration of Travel Reauests/Reports. None XI. STAFF REPORTS AND REMARKS A. City Manager Citv Manaaer's Meetina Summaries Report for the Period of February 4-15, 2019. With City Council concurrence, the Meeting Summaries Report was received and filed. 2. Wild Flower Festival - invited everyone to the Festival, stating it's the first time the event will be held at the Palm Desert Civic Center Park on Saturday, March 2, 2019. She added this was the most spectacular year for wildflowers she's seen in her 20 to 25 years here in the Desert. 3. Recent Rain Storm - she commended the Public Works Department, Police, and Public Safety, for their outstanding performance during the recent storm on Valentine's Day. She said Palm Desert "weathered" the storm in fine form. She believed it was a reflection on decades of investing in the City's infrastructure and maintaining it well, such that it was ready for the challenge. She also recognized the quick response time from staff, particularly the Corp Yard. Mayor Weber stated Desert Willow Golf Resort held up well through that storm, and it was one of the few courses that was not closed the next day. Here again, it was a credit to good design, good planning, and careful maintenance. B. City Attorney None C. City Clerk None 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING D. Public Safety 1. Fire Department None 2. Police Department None XII. CONSENT CALENDAR PALM DESERT CITY COUNCIL DRAFT FEBRUARY 28, 2019 A. MINUTES of the Regular City Council Meeting of February 14, 2019. Rec: Approve as presented. B. CLAIMSAND DEMANDS AGAINST THE CITY TREASURY -Warrant Dated 1 /31 /2019. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 2/1/2019 and 2/8/2019 (Joint Consideration with the Palm Desert Housing Authority - Item N below). Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Eddie V's, 73040 El Paseo, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ramen Musashi, 44491 Town Center Way, Suite G, Palm Desert. Rec: Receive and file. F. MARKETING COMMITTEE MINUTES for the Meetings of December 5, 2017, and May 22, 2018. Rec: Receive and file. 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 G. LETTER OF RESIGNATION from Paul Hietter — El Paseo Parking and Property Improvement District Board of Directors. Rec: Receive with sincere regret. H. RESOLUTION NO. 2019 - 07 - 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 - 2015 Sign Permits, Temporary Permits, and Architectural Review Commission Agendas (Exhibit "A"). Rec: Waive further reading and adopt. REQUEST FOR APPROVAL of Out -of -State Travel for One Staff Member to Attend the 2019 International City/County Management Association's (ICMA) International Regional Conference - April 18-22, 2019, in Timisoara, Romania. Rec: By Minute Motion, authorize out-of-state travel for one staff member to attend the ICMA International Regional Conference to be held April 18-22, 2019, in Timisoara, Romania - Authorized Staff Member - Management Analyst (City Manager's Office) — there is no cost to the City associated with this request. J. REQUEST FOR APPROVAL of a Three -Year Professional Services Agreement with PlanetBids for eProcurement Solutions with eBidding (Contract No. C38220). Rec: By Minute Motion, approve/authorize: 1) Professional Services Agreement with PlanetBids for a three (3)-year term in the amount of $57,586.21, with an option of two (2) additional one-year extensions; 2) City Manager, or her designee, to make any necessary budget adjustments, appropriations, and transfers for the contract; 3) City Manager to execute the Agreement and subsequent renewals — funds are available in the Information Technology Software and Maintenance Account, No. 1104190-4336000. SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY K. MINUTES of the February 14, 2019, Regular Meeting of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency. Rec: Approve as presented. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 L. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY - Warrants Dated 1/31/2019, 2/1/2019, and 2/8/2019. Rec: Approve as presented. PALM DESERT HOUSING AUTHORITY M. MINUTES of the Housing Authority Meeting of February 14, 2019. Rec: Approve as presented. N. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 2/1/2019 and 2/8/2019 (Joint Consideration with the Palm Desert City Council - Item C above). Rec: Approve as presented. Upon motion by Harnik, second by Nestande, and 5-0 vote of the City Council, the Consent Calendar was approved as presented (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). XIII. CONSENT ITEMS HELD OVER None XIV. RESOLUTIONS A. RESOLUTION NO. 2019 - 08-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 2016-79 TO INCREASE THE FREQUENCY OF THE PALM DESERT MARKETING COMMITTEE MEETING SCHEDULE. Tourism & Marketing Manager Thomas Soule stated the proposed Resolution is to increase the frequency of the meeting from quarterly to bi-monthly. Councilmember Harnik moved to waive further reading and adopt Resolution No. 2019 - 08. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). XV. ORDINANCES A. For Introduction: None 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING B. For Adoption: ►f101Z XVI. NEW BUSINESS DRAFT FEBRUARY 28, 2019 A. REQUEST FOR APPROVAL OF AN AGREEMENT BETWEEN THE McCALLUM THEATRE AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF PROGRAMMING AT THE McCALLUM (CONTRACT NO. C38230). Senior Management Analyst Veronica Tapia stated that at the 2018/2019 Budget Study Sessions, the City Council identified the McCallum Theatre as an important asset and investment of the City of Palm Desert. Staff has been working diligently to create a funding agreement to support their efforts and came up with an agreement that has a six -year payment of $200,000 each year in exchange for some programmatic requirements. Chief among the benefits to the City of Palm Desert is the changing of the name of the choreography festival to "The Palm Desert International Choreography Festival." In doing this, the marketing associated with this event will provide awareness of Palm Desert to the public. She noted Mr. Gerhsenfeld from the McCallum was available to answer questions. Councilman Jonathan inquired about the term of the recognition with regard to the choreography festival that is outlined in Exhibit "B" of the Agreement. Ms. Tapia replied that in concept there is an annual recognition. Councilman Jonathan asked if that was for the six years that the City donates or is it in perpetuity, because it wasn't defined, and he preferred that it be defined. Ms. Tapia responded it was for the six years. Councilmember Harnik pointed out that Exhibit "B" states, `In recognition of the annual contribution, the City anticipates inclusion in the following:" Councilman Jonathan agreed, but it doesn't specifically define how many years the choreography festival will be named Palm Desert. Ms. Tapia said it can be added, if it's not already included in the Exhibit. Councilman Jonathan questioned what would happen if all of a sudden the McCallum decides the choreography festival is no longer relevant or there is a better use, because he didn't see it addressed in the Agreement. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 Mr. Hargreaves explained that under the Agreement, the McCallum is required to provide these activities, and if something happened that it was no longer feasible, he anticipates they would come back to the City to amend the contract accordingly. Ms. Aylaian added there is a clause that allows unilateral termination of the agreement with 90-days notice. Therefore, if the McCallum was not providing the programming the City anticipated fortheir sponsorship, the City could choose to terminate the agreement. Councilmember Harnik said that the following sentence in Exhibit "B" covers that issue: Subsequently, the name "Palm Desert International Choreography Festival" will be used to refer to the event on all signs, publications, and marketing materials as long as a choreography festival is held at the McCallum Theatre. Should the McCallum Theatre stop hosting an annual choreography festival, the City of Palm Desert will retain rights to the names "Palm Desert Choreography Festival" and "Palm Desert International Choreography Festival." Councilman Jonathan said he understood the City would get to keep the names, for whatever that's worth, but if the McCallum stops doing an event that gives the City the recognition, the Agreement does not address what would happen. However, the City Manager just stated the City has the option of terminating further contributions. The other question he has is that Exhibit "B" is very general as to the development of an "instagrammable site," in fact, it's completely undefined. He asked if there has been any progress in identifying that site. MR. MITCH GERHSENFELD, President/CEO of McCallum Theatre, offered there has been one discussion with the Marketing Committee as to what that instagrammable moment will be. He was waiting for the agreement to be concluded before doing some actual physical work on what that will be. They are looking for a site at the Theatre that will identify both the McCallum and the City. It would be a place that people would use for photos and selfies, and then posted on Instagram, which is what the City had in mind. Councilman Jonathan said he could not be more supportive on moving forward with financial support for the McCallum Theatre, adding he fully expected the City would do so. However, he was not comfortable approving an agreement where a major part of the justification is not addressed for investing $1.2 million of taxpayer funds, aside from the City's obligation to support the arts, etc. Everyone knows the McCallum Theatre is an economic driver, it's very special, and it enhances the City of Palm Desert, and part of that whole paradigm was the recognition, which is completely undefined in the Agreement. He felt a lot of time has been allowed to define it, so he's disappointed there's a contract before the City Council that is not specific to 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 something he felt is very important. From his standpoint, he would prefer to postpone this item until the physical recognition has been defined. Previously, there had been discussions about improvements to the parking and a monument sign that could be seen by people driving in and out, but Council hadn't made a decision. He added that the first time he learned of an "instagrammable site" was when he read the staff report. Again, he's supportive of contributing to the McCallum, but not ready to approve this contract. He suggested postponing the matter until the recognition for the choreography festival is defined in the actual contract, and secondly, when the physical recognition for the City's donation has been defined. Mayor Pro Tem Nestande said she could go along with that suggestion if time was not of the essence. Councilmember Kelly said she felt differently, stating staff has worked on this for quite some time and there have been extensive conversations. Further, the City is not working with people that will disappear in the middle of the night. Her personal sense is that the proposed agreement achieves sufficient definition that the City can count on good faith in the implementation, stating it would be appropriate to move forward. There is an expectation of regular updates to the City Council, and one can be provided as soon as greater definition is available on those two fronts. MR. GERHSENFELD offered there are very specific identifications, which are the key signature events. In addition to the Choreography Festival, there are the Family Fun Day and Open Call, a community talent competition. Those are three signature events that combined will have over 500,000 gross impressions in the media, 450,000 pieces in direct mail, television advertising, newspaper advertising, and media advertising. Therefore, these are defined in terms of City recognition through the signature events. Councilmember Harnik agreed with Councilmember Kelly that the McCallum is a solid partner for Palm Desert. The comment made that they won't leave in the middle of the night is pretty accurate. She said this partnership has served both parties well, and there have been many who have worked long and hard to come up with a contract that would allow the City to know what to expect of each other and be able to make the most of it. Also, Mr. Soule has worked on the instagrammable moments in trying to find something that would work well. Whether that will be a piece of art or a specific location at the Theatre, it will work out. The McCallum Theatre has some brilliant brains behind it and some wonderful resources with a lot of experience and expertise, so she too, was ready to move forward with the proposed contract this evening. She added it will show goodwill it has for the McCallum and all that they do to help the City, and vice versa. 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 Councilman Jonathan said the comments made were reasonable, but he felt it was bad business to move forward on a legal contract based on goodwill or because someone has been a partner with certain expectations. He said this was about committing the City to a contract that is not specific and doesn't define some very important terms. He will support whatever the City Council does, he was just explaining why he could not support moving forward at this point. Again, he supports the financial commitment that has been expressed to the McCallum Theatre, but the issue here is creating a better defined agreement to avoid any kind of disagreement or a potential issue at a later time. Mayor Weber added that based on the City's experience with other organizations where there was a difference of opinion, is the reason for being extremely cautious. Councilmember Kelly called attention to the third bullet point in Exhibit "B," where a sentence indicates the sponsorship commitments and co -marketing commitments exist as long as the contract is in effect, which established for her the duration of the sponsorship commitment. Councilman Jonathan said it wouldn't hurt to add that the naming of the choreography festival shall be continued. Again, just to pin it down. He said some of us travel in the world of contracts, in that the better things are defined, the less likely there are to be disagreements or misunderstandings later on. Mayor Weber asked if the contract can be changed at this point, before voting on it. Mr. Hargreaves noted there is a section in Exhibit "B," that states, "Subsequently, the name "Palm Desert International Choreography Festival" will be used to refer to the event on all signs, publications, and marketing materials as long as a choreography festival is held at the McCallum Theatre," which he felt addresses the concern. Councilman Jonathan stated that if people are comfortable with that section, he wouldn't want to hold things up, but he still felt the physical recognition needed to be defined, whether it is a plaque, instagrammable site or parking lot. Councilmember Harnik moved to, by Minute Motion, authorize/approve: 1) Mayor to execute subject contract, an agreement between the McCallum Theatre and the City of Palm Desert relative to funding of programming at the McCallum Theatre; 2) initial $200,000 payment in the current fiscal year and the same amount for the subsequent five (5) years to fund this agreement — funding in the amount of $1,200,000 was included within the FY 2018-2019 CIP Budget, Account No. 4004800-4387900, and upon funding 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 approval and execution of the agreement, the first payment of $200,000 will be due and payable, and the remaining five (5) payments due on the annual anniversary date — agreement to remain in effect through March 31, 2025. Motion was seconded by Kelly and carried by a 3-2 vote (AYES: Harnik, Kelly, and Weber; NOES: Jonathan and Nestande). XVII. CONTINUED BUSINESS None XVIII. OLD BUSINESS A. INFORMATIONAL REPORT RELATED TO THE DESERT COMMUNITY ENERGY COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM AND REQUEST FOR DIRECTION TO STAFF REGARDING POTENTIAL LAUNCH IN 2020. Mr. Stendell noted this was an informational report related to the Desert Community Energy (DCE) Program, which has been spearheaded by Coachella Valley Association of Governments (CVAG). In late 2017, with the initial approval, City Council directed staff to bring back informational reports at critical junctures for the review and continued input. Additionally, at the last two DCE meetings, based on changes on the proforma, all three Board members stated this needed to come back for further review and approval by each individual city council. These are intended to be informational items, but the City is at a deciding point on the Community Choice Aggregation (CCA) Program. He noted Ms. Barrows from CVAG was in attendance and available to answer questions. Responding to question, he said staff is also seeking guidance on whether to go forward with a potential launch. Councilman Jonathan said the DCE has scheduled a meeting for March 18, 2019, to address the issue of moving forward, and all three cities that are part of the Joint Powers Authority (JPA) will have gone to their councils to get direction. It is important for DCE as a Board to make a decision about launching or not launching in order to meet an activation date of March 2020, because the purchasing of power begins now. If you miss that window, you may have to wait another year, however, the power becomes more expensive. Councilmember Kelly said the staff report addressed two questions she had asked about whether the structure of the DCE would enable the Board representatives from the cities of Cathedral City and Palm Springs to cause a launch affecting Palm Desert, even if that was not Palm Desert's preference. The staff report provides assurance that it could not happen, but she didn't see that in the JPA Agreement itself, which is the agreement that gives powers to a board that makes decisions for all participating cities. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 Therefore, it's important to know and have on record what the source of that assurance is. Councilman Jonathan asked Councilmember Kelly if she considered the withdrawal provision. Councilmember Kelly replied she understood the City could withdraw, but she asked the question to make sure it's safe to not withdraw if this City Council was disinclined to launch. MS. KATIE BARROWS, Director of Environmental Resources with CVAG, agreed with Councilmember Kelly that it's not absolutely clear her specific case is mentioned in the JPA Agreement, but in general, the language to the withdrawal provisions was modified to provide and address Palm Desert's concerns. If Palm Desert wanted to consider launching as an obligation, in a way that there is language allowing the City not to participate or have any obligations incurred, she wasn't sure. However, she believed it would be the intent and a decision of each city to city to participate in the launch, although she wasn't speaking for the Board. She couldn't say that other CCA's has had different launch dates for member agencies, so she would like the opportunity to look at their joint powers' agreements. She said CVAG essentially modeled the agreement after those of other CCA's. As an example, Los Angeles Clean Power Alliance, launched 32 cities this month, and it had launched 3 cities last year, so she believed she could find language that would allow for flexibility, stating it might be an issue to have the Board consider. Certainly, it is the intent that each city would have that decision about whether to participate. Mayor Pro Tem Nestande recalled this was supposed to launch last summer, but it was pulled suddenly, and it was her understanding that it collapsed because the purchase of energy wasn't going to be cost effective as originally advertised. MS. BARROWS explained the Board made a decision not to go forward in the summer of 2018, related to significant changes in the power prices and the uncertainty on the Exit Fee, which is a charge to CCA customers. As it is, it was a decision on a financial projection that would have the agency starting in the red, so the Board made a decision to pause, which made their bankers very happy. At this time, the Board is evaluating going forward again, but one of the uncertainties is the Exit Fee that is charged to customers, which helps the investor on utilities, Southern California Edison and others, to recover their cost of investments made or their stranded cost. That formula has been adjusted as of November 2018, so the potential for cost -savings is more limited today than when this effort first started several years back, which is a big part of the discussion that the Board is having on how to proceed. There are some financial projections that show the agency 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 could go forward and be in good financial standing. Again, the cost savings is more limited, but it's always been the goal of the CCA Program, as stated in the JPA, that there were other benefits like local control, environmental benefits, greenhouse gas reduction, and cost impediments. In the longer term, the ability to invest in the local economy by having funds come back to the community. Mayor Pro Tern Nestande offered that Southern California Edison (SCE) also provides those types of benefits. Playing devil's advocate, she asked why the City should take the risk in the energy markets when it already has SCE, and why is CVAG wanting to do this and take on the risk. MS. BARROWS explained that a significant feature and a driving force is to be able to offer customers a choice about who they purchase their electricity from. Mayor Pro Tern Nestande said SCE has 14 million customers, and they give people the choice to go solar or green, yet only 1,000 customers took advantage of that choice. Secondly, as a City, it will automatically enroll residents into the DCE Program. It concerns her greatly when she looks at stats where only 1,000 out of 14 million customers opted to do it. MS. BARROWS said that's really the issue, because the choice for customers is not solely about solar but about the ability to purchase power. In some cases you wouldn't have to go solar, because of the DCE purchasing power that's carbon free and/or greener. In terms of the investment, the revenues that would come to the DCE could be used, at the direction of the Board, to provide programs for local residents that are tailored to desert environment. She said Edison also provides those programs, but essentially the revenues also take into account their shareholders. Therefore, the DCE provides a benefit to the local community that is not necessarily available with SCE. Mayor Pro Tern Nestande asked if she was correct in saying that profits from the DCE will come from buying energy, and SCE makes zero profit on buying energy. The profit for Edison comes in the transmission, and the CCA will still need to use their transmission lines. MS. BARROWS agreed, stating the only difference between having a CCA Program and having SCE, is the purchase of power. Edison would continue to provide transmission distribution all the way to customer service, and the DCE would be working very closely with Edison for a smooth effort. For the customer, it doesn't really change anything, other than they do have a choice. Responding to question about choice, she said it was similar to what one would have with their cable company where one can make a choice on several cable companies. In this case, with DCE, you will be able to choose W-1 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 to stay with DCE or Edison, stating it's very easy for a customer to make that decision. Mayor Weber said she thought customers had a choice about whether to go solar or whatever other option, because SCE offers that as well. She is mainly concerned about notification, because all the people she spoke with had no idea the City put them into the DCE Program. If the City was making that consideration again, she feared the City would enroll them into an organization that had higher rates, and it will cost them money to opt out, but what if they don't do it in time. She believed she heard Ms. Barrows say there would be a higher rate, the one adjusted in November 2018, and how does the public get informed about all of this. MS. BARROWS noted the Exit Fee is a decision made by the California Public Utilities Commission (CPU), and that fee was imposed on all CCAs under Customer Access in the State. In terms of the choice of a customer, the process that would allow them to opt out is very simple. Customers can do it by telephone or online, and there are other ways, stating it only takes a minute or two, but that's essentially how the program is set up, State Law puts customers into the Community Choice Program automatically. Mayor Weber disagreed, stating it was not a true statement, because when the City voted, according to State Law, that action automatically put them into it. She recalled having a conversation with Ms. Barrows about how easy it is to opt out, but it's only easy if the customer knows about it. She reiterated that everyone she spoke to didn't have any idea they were put into the Program. It was her understanding that last year's agreement was null and void, and it's starting all over again, questioning if people need to opt out a second time. In other words, if this was a second launch, is the first one erased. MS. BARROWS responded that CVAG will have notices going out to all customers before and after the launch date, followed by an education and outreach program to give folks the opportunity to obtain more information. Councilman Jonathan said Mayor Weber mentioned that customers might not know they are paying a higher rate, but to be clear, the default option has not been selected by the DCE Board. One of the alternatives available to the Board, who will make that decision at a later time, is for a default option that is essentially the same rate or possibly at a very modest savings. To those who do not opt out of the DCE, the Board has not decided whether the default option will be a slightly more expense, 2% to 3% more for 100% carbon free or green energy versus a default option that basically says you will start with the same thing and then you can have other choices at a later time. It is not a foregone conclusion that implementing this will mean a higher rate, unless somebody opts out. 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 MS. BARROWS concurred, stating customers would have the choice of the current rate or slightly less than SCE, adding that the survey that was done was based on that understanding. Further, this is something the DCE Board discussed about having individual councils' provide feedback on their jurisdiction. Councilmember Kelly stated that because of the aborted launch last summer, the DCE now has a fund of approximately $5 million in energy power, because it purchased in anticipation of a launch. When the launch didn't happen, that power could be sold at prices that have actually gone up. She asked Mr. Stendell how he envision spending $5 million, if he had the luxury of doing so, to reduce energy consumption or at least reduce carbon -related energy consumption. Mr. Stendell responded he would recommend producing a program that is vetted through the Sustainability Committee and on through the structure to retrofit older dwelling units that are inefficient. He said the City has a lot of dwelling units that would benefit from window installations and energy -efficient roofing, etc. Mayor Weber commented that some of those funds have probably been spent on consultants and on the daily activity of labor. Mr. Stendell agreed, but staff was presented with an audited financial report that shows there is a sizable amount that is just slightly below $5 million. Responding to question, Councilman Jonathan confirmed he knew how much money has been spent, and those financial statements will be audited through fiscal year ending June 30, 2019, which has not yet occurred. A question that is always asked is why do this and why the DCE. The answer is pure and simple, which is to protect the environment. This City has a proud history of being at the forefront of sustainability and concern for the environment, and this was just one more opportunity to do so. It's not by dictating to the residents, but by giving them a choice they currently do not have. One of the choices is utilization of 100% green and carbon -free energy as opposed to what they are doing now, which is a goal of the State of California for 25 years from now. This was an opportunity for residents to make a decision and a choice and not having to wait another 25 years, because the impact of climate change is important, and it will cost them somewhere between 2% and 3% more in their bill. Customers also have the choice of not being part of the DCE, but to continue to be an Edison customer. Therefore, Palm Desert was not dictating, but giving residents a choice. If they stay with the DCE, one of their choices will be, at a modest expense, to opt for energy coming to their home that will be 100% green and carbon -free or they can opt to have the same level of green versus nongreen energy as they currently have for the same or slightly lower cost. To answer 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 the question about why do this, it's to create an opportunity for residents to take positive steps to protect the environment, protect mother earth, and to address climate change. The opting in decision has not been made, the process of the Board is to get input from the three -member cities before going on to other decisions that need to be made. Again, he views this as an opportunity for the City to promote environmentalism without dictating it upon the residents, which is an opportunity they currently don't have. Mayor Pro Tern Nestande stated that climate change connotes a lot of different things to many folks. She's done a lot of research on climate change, and she's undecided on the evidence, on whether its man causing climate change or mother nature. There is a lot of evidence to state that even if you got rid of all of the United States, it wouldn't make a difference on "climate change." There are scientists out there that measure time in millions of years, and those scientists, including the founder of Green Peace, believe the climate is changing on its own. The world has experienced global warming, ice age, and the arctic used to be grass land, etc. She's not making a decision, but there is a huge debate on climate change, which is why she's very skeptical of forming a DCE and having people pay more at this point in time. Councilman Jonathan said Mayor Pro Tern Nestande highlights the very reason for the DCE, because many people will agree with her comments and others won't. The beautiful part of the program is that you can make a decision based on what's right for you. You can opt out of the DCE, stay with SCE, or you can opt for DCE and stay with the same mix of energy you currently have, which are very appealing reasons for moving forward. He said the program doesn't dictate to the residents what they should do, but they are being afforded an opportunity to choose. Councilmember Kelly stated this was a complicated topic, and she thanked Councilman Jonathan for laboring very hard on the DCE Board, which he currently chairs', and he is doing it excellently. Similarly, she has been extraordinarily impressed with CVAG staff and the consultants from the Energy Authority, stating they have answered all her questions and they have been highly helpful. Based on all the input, she could not support a launch on the basis currently proposed. Councilman Jonathan's comments are very compelling, but the hitch for her is that CCAs don't roll out by giving everybody a clear sheet, which identifies two or three choices, explains the choices, and invites each of us to check one of the boxes, which would be her version of true choice. What happens, pursuant to State Law, is that if Palm Desert makes a choice as to what the default option should be, everybody gets shifted into that choice and they stay there unless they opt out. When the City attempted a launch last summer, the mailings had a very small type face, the opt -out option was at the bottom, and it was quite tiny; almost no one saw it. She learned that folks take these types of mailers to 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 be solicitations or some other mail they don't have to study. Practically speaking, if the City chooses a default option, it is making a choice for the residents, and she would feel a high sense of obligation to ensure she was comfortable with it. The report to the DCE Board gave data from 31 cities, and those cities had a variety of default options. Some were very close to Edison's mix of choices, some reported to be somewhat greener, others much greener, and in all cases, the opt -out rate was constant between less than 1 % or potentially up to 4%, which is a small opt -out rate. The fact that the rate stayed the same no matter what the default option was, tells her people are just not reading their mail. In the face of that data, this is how she thought about it, the first goal of the CCA is to offer choice, which lead her to ask herself what current choices are available. As Mayor Pro Tern Nestande pointed out, it is possible for SSE customers to elect entirely renewable energy, not from our own roof tops, but from solar farms. Edison's renewal choice explicitly says that it utilizes local sources for that renewal energy. It's somewhat important to dig a little bit and make this distinction as well, the greenest choice that's on the list of possibilities from the DCE is 50% renewable for things like solar and wind, and 50% for large hydro, which Edison is currently not allowed to count toward the mandated green goals. Large hydro is not counted, although it's earth friendly, because when water is passing through the generators, at times it has to be pumped back up hill using power from unknown sources. When you take that nuance into account, the current SCE 100% green choice is preferable to someone whose most interested in doing what's most environmentally friendly. She said SCE also provides a 50% renewable choice, and most recently submitted to the CUP five proposals for added options/choices, which have different mixes and attributes. She went on to say the DCE sponsored a survey of 100 people from the three cities participating to see if residents would support paying more than Edison rates for an arguably greener mix of power. She looked carefully at the survey results that were part of the staff report, and it left her with the impression that the folks that took the survey were pretty confused. On page 13 of the survey, those who have said they were willing to pay more for a greener mix was asked how much more, a total of 18.3% out of that group was willing to commit to any particular percentage more. Holding that 18.3% in mind, and turning to page 19, which asked folks if they were willing to pay 1 % to 5% more, the result is 62.6%. Now if you turn to page 21, the same question is asked in a third way, and the results for those that would not opt out if they paid 1 % to 5% more, the answer is 45.8%. Therefore, the fact that there is three different results for basically the same question, gives her pause about whether the people answering the questions were fully informed and/or had an adequate opportunity to make an informed decision. There is one part of this survey that jumps out at her more than any other, which is on page 5, that shows 86.3% of the folks surveyed said they were unfamiliar with CCA. She said multiple communications were sent out last summer about CCA, and yet 86.3% haven't heard of it, which for her confirms that folks are not 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 apt to read these kinds of mailers. It brings her back to whether she would be comfortable voting to move all resident rate payers into a plan that potentially could charge them more for their energy. On that premise, she considers the energy mix preferable, and her own personal sense is that Palm Desert residents would not be happy with that choice. She has no doubt that CCAs have been a vital positive contribution to the landscape in the last ten years, but everything that is heard about advances in energy technology suggests that battery technology will quickly make it possible for residents to fully be off the grid. As Council picks and chooses on where to invest its energy and where to invest staff's energy, it should not be in moving forward with the CCA. It should be in supporting the kind of retrofits that can reduce energy consumption and continue watching technology develop so that the City can be as supportive as possible for resident implementation as soon as those options exist. Councilman Jonathan believed Councilmember Kelly has thought long and hard about the issue, and obviously, with a lot to say. He would offer his observations, not in an attempt to change her mind, because he believed she has formed her conclusion, but to share his perception on a few things mentioned. He said SCE offers a renewable choice, and his guess is that if you stopped 1,000 Edison customers and asked them if they knew that, you would get 1,000 noes, stating the information is pretty well hidden, and some would say intentionally. Nevertheless, based on what the experts have told them, it those that opt to do it, it would be at a cost that is twice as much. The DCE can offer that same option, and while it would be looking at a 3% to 4% increase, with Edison it would be an 8% to 10% increase, so he felt there was value in that aspect. Councilmember Kelly expressed concern about the survey, so know that CVAG did put it out for a Request for Proposal (RFP) and selected a survey company that is nationally recognized. He didn't have the expertise to question their process or conclusions, so he will trust that by going through the RFP process and selecting a reputable company, their results and conclusions are accurate. If Councilmember Kelly had expertise or concerns that would lead her otherwise, he would respect it. With regards to choice and opting out and whether residents will really understand, he agreed and it was a valid concern. However, when this City Council passed the Plastic Bag Ordinance as a mandate, he didn't think residents had a choice and/or an opt -out option, so the fact that the DCE offers an opt -out choice, at least it is going in the right direction. It was also mentioned that the City can better utilize its resources for retrofits and other actions, well that money is coming and will continue to come from the DCE. There are projected revenues that are several million dollars per year, and one of the options that the DCE Board will have and expects to utilize, is to reinvest in the local economy through retrofits and incentives. It would be similar to what the City offers for drought resistance landscaping and other types of programs that would encourage people to become more energy efficient. Finally, this was yet another opportunity for the City to take the lead 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 and promote sustainability and the protection of the environment. He expressed concern that the City was falling into a pattern of losing those opportunities and Council needed to think about it, because he sensed it was losing that direction. Mayor Weber understood Councilman Jonathan's point about losing out on being leaders on this issue, but electricity and the creation of it are exponentially changing, and she believed going forward with the DCE would be going back, because it's the same format of what already exists. She said Palm Desert has so many people that have signed up for solar because they want to be forward thinking, and to now say it will force or suggest they be on the DCE was almost an insult to them, which also seemed inappropriate. For all the reasons she mentioned last year, she has not changed her mind, and she hasn't seen anything that proves the DCE is a better avenue or opportunity for people. Further, she is concerned with the lack of transparency in informing the public. To this date, she still comes across people that were unaware of the DCE, and putting residents at risk by decisions made by other cities is inappropriate. If Palm Desert decided to go into a utility business and put solar panels on everything with generators and underground everything, she would be on board with all of it in a moment. As already stated, Palm Desert has set a standard, it's stable in its planning, etc., so she didn't want to be tied to other cities for these type of decisions. Councilman Jonathan moved to, by Minute Motion, direct staff to move forward with the DCE Program launch in 2020. Motion died for lack of a second. Councilmember Kelly moved to, by Minute Motion: 1) Receive and file an informational report related to Desert Community Energy (DCE); 2) the City of Palm Desert declines to launch at this time, with instruction to the Board representative to continue to collaborate within the confines of that decision. Motion was seconded by Nestande. Councilmember Kelly said she didn't feel obliged to withdraw from the DCE at this time, pointing out Palm Desert has a stake in the $5 million generated. Further, the decision of the other two city councils is unknown, so she felt it was appropriate to continue to participate until more comes into view. Councilman Jonathan stated that at the meeting of March 18, 2019, the DCE Board will learn what the other two cities will be doing, and if they opt to move forward, he felt it would be inappropriate for Palm Desert to remain a part of the DCE when it's not participating. Therefore, he will be coming back with a report and a recommendation after that March 18, DCE meeting. Mayor Weber called for the vote and the motion carried on a 4-1 vote (AYES: Harnik, Kelly, Nestande, and Weber; NOES: Jonathan). 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2019 XIX. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A THIRD AMENDMENT TO DEVELOPMENT AGREEMENT NO. 02-01 AND A TENTATIVE PARCEL MAP, SUBDIVIDING A 7.7-ACRE PARCEL INTO FOUR RESIDENTIAL LOTS THAT WILL BE PART OF THE STONE EAGLE DEVELOPMENT, LOCATED WEST OF THE PALM VALLEY STORM CHANNEL (PVSC) AT THE TERMINATION OF OLD STONE TRAIL (APN 652-090-002); AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), Case Nos. DA 02-01 Amendment No. 3 and TPM 37336 (Eagle 605, LLC, Applicant). Mr. Stendell stated the Applicant requested a continuance of the matter to the regular meeting of March 14, 2019, and it is also the recommendation of staff. Mayor Weber declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. No public testimony was offered, and the Mayor left the public hearing open. Councilmembers Kelly and Harnik requested an opportunity to view the site, recognizing only two Councilmembers at a time can go together. Mayor Pro Tern Nestande noted she has already visited the site. Ms. Aylaian agreed to have staff set-up a tour. Councilmember Harnik moved to continue the matter to the meeting of March 14, 2019. Motion was seconded by Nestande 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 5:43 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 25