HomeMy WebLinkAboutPrelim - CC - 07-11-2019DRAFT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 11, 2019
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Pro Tern Nestande convened the meeting at 3:01 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 arrived at 4:54 p.m.
Also Present:
Lauri Aylaian, City Manager
Robert W. Hargreaves, City Attorney
Rachelle D. Klassen, City Clerk
Russell Grance, Director of Building & Safety
Martin Alvarez, Director of Economic Development
Janet M. Moore, Director of Finance/City Treasurer
Tom Garcia, Director of Public Works
Eric Ceja, Principal Planner
Stephen Y. Aryan, Risk Manager
Ty Davis, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Mike Beverlin, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department
M. Gloria Sanchez, Management Specialist II
ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
MR. CHARLIE ARA, Palm Desert Greens Parkway, Palm Desert, addressed the
City Council to present three more pages of petition signatures, encouraging the
City Council to change from its at -large election system to by -district.
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
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A
DRAFT
JULY 11, 2019
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Lease Property - Palm Desert iHUB, 37023 Cook Street,
Suite 102, Palm Desert
Negotiating Parties:
Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert
Property Owner: Sinatra and Cook Project, LLC
Under Negotiation: x Price x Terms of Payment
2) Property: Lease Property - Palm Desert iHUB, 37023 Cook Street,
Suite 102, Palm Desert
Negotiating Parties:
Agency: Lauri Aylaian/Martin Alvarez, City of Palm Desert
Property Owner: Sinatra and Cook Project, LLC
Other Parties: The Trustees of the California State
University/California State University,
San Bernardino
Under Negotiation: x Price x Terms of Payment
3) Property: Lease Property - Parkview Professional Office Complex,
73720 Fred Waring Drive, Suite No. 102, Palm Desert
Negotiating Parties:
Agency: Lauri Aylaian/Janet M. Moore/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: State of California, Department of Rehabilitation
Under Negotiation: x Price x Terms of Payment
4) Property: Desert Rose - 75315 Kelsey Circle North
(APN 634-242-016), Palm Desert
Negotiating Parties:
Agency: Lauri AylaianNeronica Tapia/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Gary and Jacqueline Brantley (Deceased)
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d)(1):
1) Lorraine Salas and Karina Quintanilla v. City of Palm Desert,
Riverside County Superior Court, Case No. PSC 1903800
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2019
C. 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 Pro Tern Nestande adjourned the meeting
to Closed Session at 3:04 p.m. She reconvened the meeting at 4:09 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Hargreaves reported the following with respect to the Closed Session
Agenda:
Item A - Real Property Negotiations, Nos. 1 and 2, regarding the
Palm Desert iHUB, including a Lease with Sinatra and Cook Project, LLC,
and also with California State University, San Bernardino, City Council
directed that negotiations be finalized. Resulting agreements will be
made public once finalized.
• Item A - Real Property Negotiations, No. 4, regarding Desert Rose
Property, direction was given to go ahead and finalize the purchase.
• Item B - Existing Litigation, No. 1, Salas and Quintanilla v. City of
Palm Desert, regarding the California Voting Rights Act, that matter was
continued to the end of today's regular session so that City Council can
reconvene with all members present to further those discussions.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Councilmember Jan C. Harnik
VII. INVOCATION/INSPIRATION - Councilman Sabby Jonathan
Vill. AWARDS AND PRESENTATIONS
A. PRESENTATION TO THE CITY COUNCIL OF THE COACHELLA VALLEY
MOSQUITO AND VECTOR CONTROL DISTRICT'S (CVMVCD) WEST
NILE VIRUS RESPONSE AND PROGRAMS UPDATE BY
GENERAL MANAGER JEREMY WITTIE, MS.
Mr. Wittie provided a PowerPoint presentation and oral update about the
District's work. The printed presentation is now on file and of record in the
City Clerk's Office.
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Q :?
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2019
B. PRESENTATION TO THE CITY COUNCIL REGARDING GREATER
PALM SPRINGS CONVENTION & VISITORS BUREAU (CVB) ACTIVITIES.
Tourism & Marketing Manager Thomas Soule provided the overview, which
had a companion PowerPoint presentation, now on file and of record in the
City Clerks's Office. Mayor Pro Tern Nestande expressed concerned about
the number of nights booked in 2018 compared to the number to date for
2019, stating it appears the number of nights books will be much less by the
end of the year. CVB Chief Development Officer Bob Thibault explained that
every month is different. For instance, if you look at the month of June, there
were 22,000 rooms booked overall for the Valley, and in December of last
year they booked nearly 60,000 rooms, therefore, you can't divide it equally.
He said it varies on the cycle of contracts, and there is no formula like you
would see with sales tax throughout the year, because it doesn't work that
way. He added that are right on pace from previous years.
Councilmember Harnik suggested Councilmembers attend one of the CVB
meetings, because so much information and analytics is provided that they
will walk away with a greater understanding of all the stats, and it's wonderful
to see so many people in one room who are working together to achieve
greater tourism in this Valley.
Mr. Soule pointed out that the CVB also works with international travel
agencies to bring tourism from other countries, and the top tier they focus on
is the United Kingdom, Australia, France, Germany, and China. They also
have their eye on some of the developing markets, but they are doing a good
job of representing the Coachella Valley to a wider international audience.
Responding to question, he confirmed they do Canada as well. Mr. Soule
went on to complete his presentation that included travel industry sales,
clients reached, countries touched, marketing, television spots and
impressions, and digital streaming.
Councilman Jonathan stated the name Greater Palm Springs, Convention
and Visitors Bureau has the greatest awareness and cache, which he was
in favor, but he heard a discussion that it was time to look at something else
like the Greater Coachella Convention and Visitors Bureau, questioning if
that was under consideration. He added he was not advocating for it, but
was curious if that was being considered objectively.
Mr. Thibault said the name is tested every year as they do all of their
campaigns. In fact, they tested the Greater Coachella Valley name against
the Greater Palm Springs, and Greater Palm Springs has a much greater
recognition factor. Based on their research, it's generally where the airport
is at, so the airport seems to be the indicator that connects the two dots.
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REGULAR PALM DESERT CITY COUNCIL MEETING
IX. ORAL COMMUNICATIONS - B
DRAFT
JULY 11, 2019
MR. WALLY MELENDEZ, Coachella Valley resident, addressed the City Council,
in a continued effort to get College of the Desert be a four-year institution that offers
bachelor degree programs.
X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
1. RCTC Meeting - at yesterday's Riverside County Transportation
Commission Meeting, the $8.8 million initiative for "Festival Trains" to
the Indio Station was approved for the 2020 festival season.
Additionally, provided reminder about ongoing roadwork along State
Route 60 fortruck lanes through the "badlands," as well as work being
done on the roadway west of the 1-15 junction; both east- and
westbound lanes will be impacted. Public can sign up for commuter
updates on the Caltrans District 8 website for details.
2. Leadership Coachella Valley - attended the recent graduation
ceremony for the group along with Mayor Weber. Noted next year's
application period was opening and encouraged anyone interested to
apply; it's a great experience.
3. Lifestream's 9 Cities Challenge Blood Drive - reminded all of this
Saturday's Blood Drive, July 13, 8:00 a.m. - 2:00 p.m., at the
Palm Desert Community Center. Anyone unable to donate on
Saturday can donate any time until July 27 and indicate that their
donation should be credited to Palm Desert's total, hoping to be #1 in
this year's Challenge. Thanked everyone in advance for their live -
saving donations.
B. Councilman Sabbv Jonathan Committee Reports and General Comments.
None
C. Councilmember Kathleen Kellv Committee Reports and General Comments.
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 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
June 15-28, 2019.
With City Council concurrence, the Mayor's Meeting Summaries Report was
received and filed.
1. 50'h Anniversary of the Apollo 11 Moon Landing - 1969-2019
Upon her arrival at the meeting, Mayor Weber thanked staff for
running the Apollo 11 commemorative video on the projector in the
Council Chamber to recognize mankind's achievement from 50 years
ago this month.
F. City Council Requests for Action.
None
G. City Council Consideration of Travel Requests/Reports.
None
XI. STAFF REPORTS AND REMARKS
A. City Manager
1. City Manager's Meeting Summaries Report for the Period of
June 17-28, 2019.
With City Council concurrence, the City Manager's Meeting Summaries Report was
received and filed.
B. City Attorney
None
C. City Clerk
None
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D. Public Safety
Fire Department
Chief Davis provided an update on a residential structure fire in
Palm Desert earlier this week and also a Home Safety Checklist for
fire safety. Copies of the checklist flier were provided in the Council
Chamber foyer for anyone interested.
Note: Mayor Weber arrived at 4:54 p.m.
2. Police Department
►1=
XII. CONSENT CALENDAR
PALM DESERT CITY COUNCIL
A. MINUTES of the Regular City Council Meeting of June 27, 2019.
Rec: By Minute Motion, continue to the next meeting.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 5/27/2019 and 6/14/2019.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 5/31/2019 and 6/21/2019 (Joint Consideration with the
Palm Desert Housing Authority - Item Z below).
Rec: Approve as presented.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Freedom
Barbershop, Inc., 42005 Cook Street, Suite 106, Palm Desert.
Rec: Receive and file.
E. RESOLUTION NO. 2019 - 49 — A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Records from the Office of the City Clerk, Indicated on the
Records Retention Schedule (Adopted October 25, 2018) — Records from
1980 through 2015 (Exhibit "A").
Rec: Waive further reading and adopt.
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F. RESOLUTION NO. 2019 - 50 — 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 - Various Records Center Files 1991 - 2006 (Exhibit "A").
Rec: Waive further reading and adopt.
G. RESOLUTION NO. 2019 - 51 — 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 - Various Records Center Files 1991 - 2016 (Exhibit "A").
Rec: Waive further reading and adopt.
H. RESOLUTION NO. 2019 - 52 — A Resolution of the City Council of the City
of Palm Desert, California, Determining and Providing for the Disposition of
a Refund from Southern California Edison in Connection with the City of
Palm Desert Highlands Undergrounding District No. 04-01.
Rec: Waive further reading and adopt.
REQUEST FOR AUTHORIZATION to Declare 10 Recliners as Surplus
Property from Fire Station Nos. 67 and 71 and Approve their Disposal.
Rec: By Minute Motion, declare 10 recliners located at Fire Station No. 67
and Fire Station No. 71 as surplus property and authorize disposal as
appropriate.
J. REQUEST FOR AUTHORIZATION for the City Manager to Enter Into
Agreement with ECS Imaging, Inc., for Laserfiche Enterprise Content
Management System in the Amount of $175,937 (Contract No. C38990).
Rec: By Minute Motion, authorize the City Manager to enter into an
agreement with ECS Imaging, Inc., Riverside, California, for
Laserfiche Enterprise Content Management System in the amount of
$175,937, including software licenses, training, and conversion
services for all scanned documents — funds are available in Account
No. 5304190-4404000.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2019
K. REQUEST FOR APPROVAL of the Purchase of 160,000 Pounds of Grass
Seed from Simplot Partners in the Amount of $169,428.40.
Rec: By Minute Motion, approve the purchase of 160,000 pounds of grass
seed from Simplot Partners, Palm Desert, California, in the amount of
$169,428.40 — funds are available in the FY 2019-2020 Budget.
L. REQUEST FOR AUTHORIZATION for Desert Willow Golf Resort to
Purchase Maintenance Equipment from Turf Star/Western During Fiscal
Year 2019-2020 in the Amount of $72,241.40 (Project No. 844-20).
Rec: By Minute Motion, authorize Desert Willow Golf Resort to purchase
maintenance equipment from Turf Star/Western, Hayward, California,
during FY 2019-2020 in the amount of $72,241.40 — funds are
available in Account No. 5204195-4803100 - Course and Grounds
Expenses.
M. REQUEST FOR AUTHORIZATION of Expenditures with BMW Motorcycle
of Riverside for Maintenance and Repair of Police Motorcycles in an Amount
Not to Exceed $70,000.
Rec: By Minute Motion, authorize expenditures with BMW Motorcycle of
Riverside for maintenance and repair of police motorcycles in an
amount not to exceed $70,000 in Fiscal Year 2019-2020 — funds are
available in the FY 2019-2020 Police Department Budget.
N. REQUEST FOR APPROVAL of a Public Safety Vendors List for Related
Equipment Repairs, Equipment Purchases, and Specialty Services Utilized
by the Palm Desert Police and Fire Departments in Fiscal Year 2019-2020.
Rec: By Minute Motion, approve/authorize: 1) Staff to use vendors on the
Palm Desert Public Safety Vendors List appended to the
accompanying staff report; 2) exception to purchasing requirements
as provided by Section 3.30.160(C)(D)(H) of the Palm Desert
Municipal Code for FY 2019-2020.
O. REQUEST FOR AUTHORIZATION to Extend by One Year Contract
Between City of Palm Desert and FG Creative, Inc., to Provide Advertising
Services forthe El Paseo Parking & Business Improvement District (Contract
No. C37061).
Rec: By Minute Motion, approve/authorize: 1) One-year extension of
subject contract with FG Creative, Inc., to provide advertising services
for the El Paseo Parking & Business Improvement District;
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2) City Attorney to make non -substantive changes to the contract and
Mayor to execute same on behalf of the City — funds are available in
Account No. 2714491-4321500.
P. REQUEST FOR AUTHORIZATION of Extra Work in the Amount of $179,000
with Ideapeddler, LLC, as Provided for in Contract No. C37181.
Rec: By Minute Motion, authorize $179,000 to be used at the City
Manager's discretion for extra work that may arise during the year, as
defined and provided for in subject contract with Ideapeddler, LLC,
Austin, Texas — funds for projects were budgeted in the
FY 2019-2020 Marketing Budget.
Q. REQUEST FOR RATIFICATION of City Manager's Approval of Change
Order No.1 to Contract with Presentation Projects, Inc., d.b.a. Spinitar, in the
Amount of $14,055.50 for Sales Tax on Equipment, and for Authorization of
Contingency Funds for Additional Work as May Be Authorized by the City
Manager for the Council Chamber Audio -Visual System Upgrade Project
(Contract No. C37960B).
Rec: By Minute Motion: 1) Ratify City Manager's approval of Change Order
No. 1 to subject contract with Presentation Products, Inc., d.b.a.
Spinitar, in the amount of $14,055.50 for Sales Tax on equipment;
2) authorize setting aside a 5% contingency for the project in the
amount of $11,256 for additional work as may be authorized by the
City Manager — funds were budgeted from the Equipment
Replacement Fund, as part of the Capital Improvement Plan (under
the IT Master Plan) and are available in FY 2019-2020, Account
No. 5304190-4404000.
R. REQUEST FOR APPROVAL of the Information Systems Department Vendor
List for Technology Equipment Purchases in an Aggregate Amount Not to
Exceed $150,000, and of $1,048.30 Additional Funds for Fiscal
Year 2018-2019.
Rec: By Minute Motion, approve: 1) Information Systems Department's
Vendor List for technology equipment purchases in an aggregate
amount not to exceed $150,000, and authorize City Manager to
execute any related agreements (Contract No. C39000A-Z);
2) additional funds in the amount of $1,048.30 for FY 2018-2019 —
funds are available in the Equipment Replacement Fund.
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S. REQUEST FOR APPROVAL of First Contract Amendments to Agreements
for the Electric Vehicle Charging Stations (Contract Nos. C33701 A,
C33701 B, C33701 C, and C33701 E).
Rec: By Minute Motion, approve/authorize: 1) Amendment No. 1 to each
of Contract Nos. C33700A, C3370013, C33700C, and C33700E -
Electric Vehicle Program Agreements for the Electric Vehicle
Charging Stations; 2) Mayor to execute said Contract Amendments
— no cost is associated with extending said agreements.
T. REQUEST FOR APPROVAL of a Service Provider Agreement in the Amount
of $77,000 with Sunline Transit Agency (Contract No. C39010).
Removed for separate consideration under Section XI I, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
U. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35570 —
Traffic Signal Hardware Upgrade Project (Project No. 569-17) (BEAR
Electrical Solutions, Inc., Alviso, CA).
Rec: By Minute Motion, accept the work as complete and authorize the City
Clerk to file a Notice of Completion for the subject project.
V. REQUEST FOR ACCEPTANCE of Partial Improvements to Dinah Shore
Drive and Portola Avenue and the Authorization for Release of a Portion of
the Security for Parcel Map 36792 (Palm Desert University Gateway, LLC,
Applicant).
Rec: By Minute Motion: 1) Accept partial improvements to Dinah Shore
Drive and Portola Avenue; 2) release $344,813 of the Faithful
Performance Bond and $172,406 of the Labor and Materials Bond for
Parcel Map 36792.
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
W. MINUTES of the June 27, 2019, Regular Meeting of the Board of Directors
of the Successor Agency to the Palm Desert Redevelopment Agency.
Rec: By Minute Motion, continue to the next meeting.
X. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY -
Warrants Dated 5/31 /2019 and 6/21 /2019.
Rec: Approve as presented.
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PALM DESERT HOUSING AUTHORITY
Y. MINUTES of the Housing Authority Meeting of June 27, 2019.
Rec: By Minute Motion, continue to the next meeting.
Z. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 5/31/2019 and 6/21/2019 (Joint Consideration with the
Palm Desert City Council - Item C above).
Rec: Approve as presented.
AA. REQUEST FOR ACCEPTANCE OF WORK for Contract No. HA37860 —
Plumbing Re -Pipe for Building No. 33 at One Quail Place Apartments (New
Construction Solutions, Inc., La Quinta, CA).
Rec: By Minute Motion: 1) Accept the work as complete for the subject
contract with New Construction Solutions, Inc., for Plumbing Re -Pipe
on Building No. 33 at One Quail Place Apartments; 2) authorize the
Authority Secretary to file a Notice of Completion for the project;
3) authorize the Chairman and/or the Executive Director to execute
the Notice of Completion and any documents necessary to facilitate
filing of same.
Councilman Jonathan requested Item T be removed for separate consideration.
Upon motion by Kelly, 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
T. REQUEST FOR APPROVAL of a Service Provider Agreement in the Amount
of $77,000 with Sunline Transit Agency (Contract No. C39010).
Councilman Jonathan stated he felt the cost of $77,000 to maintain 45 bus
shelters was excessive and questioned if staff explored other alternatives.
For example, the City's Code Compliance Department has trucks and
equipment to paint over graffiti, so he wondered if there was the possibility
of allocating City staff to do the work.
Mr. Garcia responded that Sunline currently performs the maintenance of the
bus shelters on a frequent basis, and he was doubtful there would be a
reduction in cost if the work was contracted out, adding that if the City took
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over it would require additional personnel. He said the rate has remained the
same for several years, but Sunline is currently looking at actual costs
incurred, so he anticipated the rate will go up in the future. Therefore, this
was a good time to look at alternative methods if that's the direction of the
Council.
Councilman Jonathan strongly urged staff to look at alternative methods,
because he did the math and it accounts for two shelters per day. If there
was a full-time staff member doing this work, he couldn't imagine they would
spend four hours per bus shelter every day to do maintenance. He's
observe Sunline and they do a good job of picking up the trash and so forth,
and once in a while there is graffiti, but he still felt the cost was excessive.
If staff reviews this matter and determines the current method is the most
effective, then ok, but he believed it beared some scrutiny.
Councilmember Kelly pointed out that the agreement is for compensation not
to exceed $77,000 with services billed upon demonstration of actual cost
incurred. She said a year's tracking of the services will be helpful in
assessing the concerns raised.
Councilman Jonathan agreed, but fortunately, the data exists. Therefore,
staff can review the history on this to see what has been paid. He was
focusing on Exhibit "A," which is the scope of services, and it specifically
cites the monthly charge in total to be $74,482.20. But if in fact the actual
cost is half of the $74,000 and/or the current method is cost effective, he
would agree to proceed in approving the contract. Further, he suggested
waiting until the August meeting to approve the contract to hear staff's
findings on this matter.
Councilmember Harnik was willing to accept the proposed contract at this
point, but ask that Sunline track their hours and list the things they do.
Mr. Garcia replied that Sunline will be tracking their hours and actual
expenditures on the maintenance of the bus shelter in order to get a true
accounting and in turn charge the City the actual rate.
Councilman Jonathan pointed out that Sunline was charging $137 per
shelter, which was $137 multiplied by 45 bus shelters, times 12 months. He
was inclined to take a pause in order for staff to research what the City has
been charged in the past, what it expects to be charged, and make sure it's
the most cost-effective alternative. He wished to continue this item to the
meeting of August 22, 2019, with staff providing answers to the following:
1) Amount of prior years' total expenditures for this contract; 2) anticipated
total costs for FY 2019-2020; 3) research on more cost-effective options for
this service.
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Mr. Garcia noted the current maintenance contract is expiring, therefore, the
City will have to find ways of maintaining the bus shelters in the interim.
Councilman Jonathan was adamant that Council has made it clear to staff
it doesn't want to be in a position where a contract comes before the City
Council at the last second and it doesn't have the opportunity to explore
staff's recommendation. He couldn't understand why this continues to
happen.
Mr. Garcia explained that Sunline approached the City in June requesting
this item is placed on the July agenda and to advise they will be tracking
actual costs to determine future contract rates.
Councilmember Kelly pointed out the contract also requires Sunline to
accomplish certain repairs at Sunline's expense, which means they are
incurring risk. It is something that may be difficult to estimate, but it should
be recognized in the analysis.
Councilman Jonathan moved to, by Minute Motion, approve/authorize: 1) Service
Provider Agreement in the amount of $77,000 with Sunline Transit Agency,
Thousand Palms, California, for maintenance of the City of Palm Desert's bus shelters;
2) City Manager to execute said agreement — funds are available in Account No.
1104310-4332000 - R/M Streets, subject to staff providing related answers to: a) Amount
of prior years' total expenditures for this contract; b) anticipated total costs for
FY 2019-2020; c) research on more cost effective options for this service; d) ensure
contract renewals and all other deadline -driven requests be brought before City Council
with sufficient timeline for adequate due diligence and consideration. Motion was
seconded by Kelly and carried by a 5-0 vote (AYES: Hamik, Jonathan, Kelly, Nestande,
and Weber; NOES: None).
XIV. RESOLUTIONS
None
XV. ORDINANCES
A. For Introduction:
None
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B. For Adoption:
ORDINANCE NO. 1349 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 2.16 OF THE PALM DESERT MUNICIPAL CODE,
RELATIVE TO THE FINANCE COMMITTEE.
Councilmember Hamik moved to waive further reading and adopt Ordinance
No. 1349. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Nestande, and Weber; NOES: None).
XVI. NEW BUSINESS
A. REQUEST FOR AWARD OF CONTRACT TO AMERICAN ASPHALT
SOUTH, INC., IN THE AMOUNT OF $1,699,855 FOR THE 2019 ARTERIAL
SLURRY SEAL PROJECT (CONTRACT NO. C38730, PROJECT
NO. 751-19A).
Project Administrator Ryan Gayler stated this contract is to slurry seal
several arterial streets that includes Portola Avenue, Frank Sinatra, Highway
111, and El Paseo.
Councilman Jonathan thanked staff for coordinating the slurry seal on El
Paseo as to not conflict with the El Paseo street improvements. With respect
to this contract staff was expecting the cost to be $1.5 million and the low bid
was $1.7 million. He asked if the difference was due to the thermoplastic
material that was going to be used on the striping instead of the paint.
Mr. Gayler answered yes, stating thermoplastic is an expensive product and
this is the first year the City will be using it. He added that the product has
a longer life and it will save money down the road, because it will reduce the
annual painting that will be required.
Councilmember Kelly moved to, by Minute Motion, authorize: 1) Award of subject
contract in the amount of $1,699,855 to American Asphalt South, Inc., Fontana, California,
for the 2019 Arterial Slurry Seal Project; 2) Director of Finance to set aside a 10%
contingency for the project in the amount of $169,986; 3) City Manager or designee to
review and approve written requests for use of the contingency for unanticipated
conditions, per Section 3.30.170(A) of Ordinance 1335; 4) Mayor to execute said contract
—funds are available in Account No. 2134311-4332000 - Measure "A" Street Maintenance.
Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly,
Nestande, and Weber; NOES: None).
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B. REQUEST FOR AUTHORIZATION FOR THE CITY CLERK TO ADVERTISE
A NOTICE INVITING SEALED BIDS FOR CONSTRUCTION OF THE
EL PASEO PEDESTRIAN IMPROVEMENTS PROJECT (CONTRACT
NO. C38830, PROJECT NO. 810-20).
Senior Engineer Randy Bowman requested authorization to go out to bid for
the El Paseo Pedestrian Improvement Project. He recalled for the City
Council that in September 2019, Council authorized staff to move forward
with a pilot and demonstration projects for El Paseo. He noted the staff
report includes color exhibits showing what is being proposed. He provided
a Power Point presentation with slides illustrating the five locations for the
pedestrian improvements that are off El Paseo. Staff is proposing
improvements at two crosswalks with bulb outs at the intersections of
Larkspur Lane and San Pablo Avenue. The crosswalk dimension will be
kept the same, but instead of just painting the white lines, they will have
colorful decorative enhancements to them. At all four comers of the
intersections there will be delineation posts that will be installed along the
perimeter of the bulb outs to enhance safety for pedestrians and motorists.
The project will include re -pavement rehabilitation and repairs. Since the
City is restriping, there will be some Americans with Disability Act (ADA)
requirements that will include a couple of wheelchair ramps. He said this
project is being coordinated with the Slurry Seal Project that was just
approved. Responding to question about the proposed decorative sidewalk,
he said the El Paseo Business Improvement District (BID) approved the color
scheme, which is what they will propose to the contractor to do.
Mayor Pro Tern Nestande asked if the BID gave their stamp of approval on
the proposed color scheme.
Mr. Bowman replied the Planning staff briefed the BID on the color scheme.
Principal Planner Eric Ceja clarified Planning staff provided conceptual
layouts to the BID, but he was doubtful this exact artistic rendering was
shown to the BID.
Councilmember Hamik recalled the BID accepted the concept, but they have
not seen the specifics.
Mr. Bowman went on to show the three mid -block crossings, which have the
same characteristics. It will be a raised mid -block crossing so that as the
vehicle goes down the street, it will go up in elevation to the height of the
curb and then it comes back down; it's called a speed table. It's a traffic
calming measure the City has in its tool box. These crossings come with
some standard markings that you see in advance of the speed table, the
marking is shaped like a chevron. Included are ADA compliant detectable
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warning mats on either side of the street. Coupled with these improvements,
there will be advanced signage; a static sign that leads up to the area, a
warning that there is a crosswalk ahead. These crossings will have
pedestrian activation where you press a button that will cause a sign to flash.
He said there are examples of this device in Palm Springs on Indian Canyon.
These activation devices are solar powered, so there is no hardwiring
necessary. At the end of the pilot these devices can be removed or kept.
Lastly, the black dots on the renderings at the entrances and exits to the
crosswalks represent solar -powered lighting systems that light up and flash
simultaneously. These particular mid -block crossings will have a different
enhanced decorative paint scheme that was proposed by the Marketing
team.
Councilmember Kelly asked about the width of the crosswalks.
Mr. Bowman said it was about 10 feet. He added that since the City was
restriping the two intersections at Larkspur and San Pablo, the striping varied
slightly from what is seen in the renderings. The project enhancements were
coordinated with landscaping, economic development, and planning staff.
He completed the presentation with slides of examples of the proposed
enhancements. He noted that Riverside County Transportation Commission
(RCTC) was considering a Capital Improvement Project (CIP) amendment,
and as Councilmember Hamik acknowledged, the CIP was approved to be
funded by Measure "A" and RCTC has agreed. Lastly, this project is one of
the City's goals for 2019.
Councilman Jonathan references slide one, which shows the locations of the
proposed pedestrian improvement locations, questioned why there was so
much concentration in one area given that El Paseo is a mile long.
Mr. Bowman recalled staff had a focused discussion on where to locate the
proposed mid -block crossings based on the work done under the Gibbs
Study.
Mr. Ceja explained that great consideration was given to the entire corridor
and thought strategically where these improvements should be placed.
Again, this is a demonstration project where staff felt they would be most
effective, which is around the hotel. With the number of visitors entering and
exiting the hotel site and trying to access El Paseo, staff felt one
improvement could be placed at The Gardens to help people cross the street
to reach other areas.
Councilman Jonathan believed there was a lot of walking traffic on the west
side where there are restaurants and shops, stating he hopes staff keeps
that in mind. Now with regard to the decorative enhancements at the
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crosswalks, he was not a fan. He asked if there were other options to
consider.
Mr. Bowman said he researched the internet for examples of bulb outs and
decorative crosswalk paintings, and staff selected ones that might be
acceptable to the City. They also sought the assistance from Tourism &
Marketing Manager Thomas Soule, who is part of the City's branding team,
for the selection of the color scheme.
Mr. Soule explained that originally this was designed to be executed quickly
before the beginning of Fashion Week, so staff had Idea Peddler come up
with some designs that related to the Food & Wine Festival and that would
be easy to execute. Because this was a demonstration project, they would
not be using permanent paint. He added that the design can look quite
different from a pedestrian level versus a driver or passenger in a car.
Councilman Jonathan said he liked all the flashing lights and wondered if that
will be on all crossing.
Mr. Bowman said they would be on all three crossings.
Mayor Weber stated that because this was a pilot and/or demonstration, she
wondered how this project qualified under Measure "A."
Mr. Bowman replied that staff vetted the project with RCTC staff and it met
all the qualifications.
Councilmember Harnik moved to, by Minute Motion, authorize the City Clerk to
advertise a Notice Inviting Sealed Bids for construction of the El Paseo Pedestrian
Improvements Project — project was included in the proposed Measure "A" 5-Year Capital
Improvement Project Program, which is pending funding approval. Motion was seconded
by Councilmember Kelly.
Mayor Pro Tern Nestande expressed concern that the artistic treatment was
not vetted by the El Paseo Business District, stating she didn't want to
encounter another situation like with the President's Plaza Parking Project,
where Council was ready to move forward but the project had to be delayed
in order to obtain the business owners input.
Councilmember Hamik stated the BID has wanted these crossings for a very
long time, and these decorative enhancements are considered temporary,
but she can appreciate the concern. Therefore, the quicker this trial project
gets done in order to work and learn from it, the better off everyone will be
once we have the findings.
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Councilman Jonathan agreed with both comments, but of course, he wasn't
a fan of the color scheme. He believed if the City was going to do a trial, it
should be done as best as it can to generate as much support and
enthusiasm possible. However, he felt Council has learned its lesson on
getting the El Paseo merchants and property owners input first. He
suggested moving forward, but not finalize the paint scheme until staff has
received the input from the merchants and potentially modify the paint
scheme if appropriate.
Mr. Bowman said there is a short window between the end of the Slurry Seal
Project, and the hope is to have these crossings in place in time for the Golf
Cart Parade, which is October 27. Therefore, there are only five weeks to
accomplish all the work, which means the City will award the project at the
August 22, 2019, City Council meeting. In the interim, staff can meet with
the BID, and if tweaks are necessary, the City can issue an addendum prior
to bid opening, but it will require a change order. He said there are things
that need to be done before the painting, so there is time for staff to obtain
buy -in from the merchants.
Councilmember Hamik pointed out that the BID doesn't have a voice in the
Art In Public Places (AIPP) when it comes to the exhibition on the El Paseo
median, and sometimes it's not necessarily their lane. The merchant's main
concern was to have mid -block crossings, so asking them about the artwork
is probably beyond their scope. Getting the mid -block crossings completed
is what's most important, because paint can be readily changed.
Councilmember Kelly said it made sense to share the scheme with
representatives from the merchants, but agreed with Councilmember Harnik
that it shouldn't make adjustments at this time in response to some reaction.
She felt that once the merchants learn the background about where the
proposals came from, they will be excited to move the project forward and
to trust that expertise. She had a different reaction to the art initially, but
after she heard where it came from and what kind of expertise informed the
choices, she was okay with it. The name of the game is to share with people
so they aren't surprised, but also inform them there can be adjustments once
it has experience and feedback from shoppers and users. The choice of
placement of the mid -block crossings struck her as ideal as a starting point,
because The Gardens is just a popular place to park, but the retailers on the
north side of the street will benefit, because the crossings will entice people
to walk across the street.
Councilman Jonathan said he was excited to see this move forward, and he
heard staff say the project would not be delayed if they went out to get the
merchants feedback, including the ability to change the artwork if they
objected. He added that the merchants had the biggest stake on how this
project was carried out, but the devil was in the details.
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Councilmember Hamik amended the motion to, by Minute Motion, authorize the City
Clerk to advertise a Notice Inviting Sealed Bids for construction of the El Paseo Pedestrian
Improvements Project — project was included in the proposed Measure "A" 5-Year Capital
Improvement Project Program, which is pending funding approval, with additional direction
given for staff to communicate with El Paseo merchants about background of the project
and development of its artistic treatment, and include their feedback in the staff report for
construction contract award scheduled for the meeting of August 22, 2019. Motion was
seconded by Kelly and carried by a 5-0 vote (AYES: Hamik, Jonathan, Kelly, Nestande,
and Weber; NOES: None).
C. REQUEST FOR AWARD OF CONTRACT FOR ARBORICULTURAL
SERVICES TO WEST COAST ARBORISTS, INC., IN AN AMOUNT NOT
TO EXCEED $890,000 ANNUALLY (CONTRACT NO. C38850, PROJECT
NO. 933-20) (JOINT CONSIDERATION WITH THE PALM DESERT
HOUSING AUTHORITY).
Landscape Supervisor Randy Chavez said this was a new project where staff
consolidated all the tree pruning contracts into a comprehensive contract that
includes palm tree pruning, hardwood tree pruning, and all the miscellaneous
and necessary removals of plants, etc. The Public Works Department now
manages and oversees the City's, Housing Authority properties, and Desert
Willow Golf Resort trees. Each of the entities have different time frames of
when pruning is required, and this contract will accommodate these trees
and meet all the individual schedules. As part of this contract, a tree
inventory will be conducted and it will be revised every time they are
managed.
Councilman/Member Jonathan thanked Mr. Chavez and his staff, because
this was innovative and it was taking steps toward best practices. He loves
the idea of implementing a City Urban Forest Inventory.
Councilmember/Member Kelly moved to, by Minute Motion: 1) Award a three-year
contract for Arboricultural Services to West Coast Arborists, Inc., Grand Terrace,
California, in an amount not to exceed $890,000 annually; 2) authorize the
Mayor/Executive Director to execute said agreement — funds for portion of the contract
relative to the City, Desert Willow, and Assessment Districts are available in Account
Nos. 1104610-4332001, 1104610-4337100, 1104611-4332001, 1104614-4337001,
4414195-4332000, and the Assessment District Fund 200 Accounts; funds for the portion
relative to the Housing Authority are set aside in the FY 2019-2020 Operating Budgets.
Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly,
Nestande, and Weber; NOES: None).
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D. INFORMATIONAL REPORT RELATED TO THE SUSPENSION OF
ENFORCEMENT OF PALM DESERT MUNICIPAL CODE CHAPTERS 8.20
AND 8.70 REGARDING BROWN LAWNS, AND A REQUEST TO PROVIDE
DIRECTION TO STAFF REGARDING THIS POLICY.
Principal Planner Eric Ceja reported this item was a followup to Mayor Pro
Tern Nestande's request on the enforcement of brown lawns in the City. In
2015, the Governor declared a Drought State of Emergency, prohibiting
cities and counties from imposing and enforcing green and brown lawns as
a means to limit water consumption. In 2017 that drought emergency was
lifted, although staff has continued the policy of not enforcing brown lawns
as a means for reducing water consumption. At this time, staff is seeking
Council direction on whether or not to start enforcing the City's Ordinance on
residents.
Mayor Pro Tern Nestande clarified she had asked about blighted lawns,
because she was seeing many lawns with overgrown weeds and/or just dirt.
For example, there is a home on the corner of Portola Avenue and Magnesia
Falls, where there have been dirt and weeds for more than four years.
Mr. Ceja replied that in most cases the City's Code Compliance has been
active in having those areas and lawns maintained, and where the weeds
would have been removed. Now it's just about the enforcement on whether
they have been watering turf. He will followup with Code Compliance on the
specific item mentioned, but staff is working with them now on their
landscaping plan to start enhancing the area.
Councilmember Kelly said she understood that if there is an area with dirt
that includes an over growth of grass or weeds, it is the City's policy to
address it. Therefore, it's something one can notify Code Enforcement about
to address it. Mr. Ceja concurred.
Councilman Jonathan stated if the City is concerned about conserving water
as an alternative to enforcing the Brown Lawn Ordinance, he asked if the
City had an education or incentive program in coordination with Coachella
Valley Water District (CVWD) to convert brown lawns into drought tolerant
landscape.
Mr. Ceja replied staff has informational items to get out to the public
regarding more compatible desert landscape, but the City does not have any
financial incentives to convert turf, but CVWD does.
Mr. Garcia offered that CVWD requires a viable turf area that can be
converted to a desert friendly landscape in order to qualify for a rebate. If
you have a dead lawn, there is no savings, because you are not irrigating.
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The key here is that the lawn has to be alive. When residents turned off their
water sprinklers, they lost the opportunity for removing it.
Councilmember Kelly stated Code Compliance is creative in reaching out to
nonprofits to collaborate in cases where the residents truly don't have the
resources to address their blighted yard to come into compliance.
Mayor Pro Tern Nestande pointed out she meets with CVWD every couple
of months and recalled hearing the aquifer is almost at 100% capacity.
Therefore, there are many ways to have green grass and not be a water hog.
She asked if staff had any data on the negative impacts from having green
grass.
Mr. Garcia responded he hadn't addressed that issue with CVWD, but staff
utilized their incentive program on its last project for the Haystack
conversion. The City was able to take advantage of the rebate program,
because that project had active turf. He will follow up with CVWD to see if
they have a program in the promotion of green turf.
Councilmember Harnik said Palm Desert has always been a leader in
sustainability, and even though the official California drought is over, but by
definition because we live in the desert, the state will always be in a drought.
She suggested an article in the BrightSide Newsletter providing water saving
tips along with the information provided earlier by the CV Mosquito and
Vector Control on mosquitoes would be helpful. She said those who want
green lawns should have them if they can accomplish it in a water -wise
fashion, but the City should continue to encourage residents to save water
and to use it wisely.
Mayor Weber questioned how the City was going to tell everyone that it was
suspending a Code, but now it was going to look at the issue of brown lawns.
In the meantime, CVWD sends everyone a notice about their inefficient
water usage under their drought rules.
Mayor Pro Tem Nestande offered there is a lot of research done that
indicates grass has a cooling effect on temperature, and too much desert
landscaping creates dust, adding to the air quality. She said it costs about
$2,000 to convert a yard to desert landscaping.
Councilmember Kelly noted that staff was asking for direction, so as a
community, she didn't believe Council was at the place where it wants to
actively encourage grass, but actively encourage turf. She believed the
current policies provide the tools for Code Enforcement to ensure a beautiful
city. For the time being, Council should simply support their work and report
anything they observe not to be in compliance.
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Councilmember Harnik agreed, but the agenda item is to address brown
lawns. She said if someone chooses to have turf, it's very likely their bill will
state they are inefficient and will be required to pay more. Therefore, people
can have a green lawn, but it will cost them. People should be cognizant that
we live in the desert and should practice good water use. However, she felt
it was time to say something to those who have a brown lawn.
Councilmember Kelly reiterated that Council didn't have to change anything,
but only makes sure the current policy is followed.
Councilman Jonathan concurred, stating it was premature to start enforcing
the Code or force people to use water to make their brown lawn green. He
is perplexed with CVWD policy in that someone who has a brown lawn has
to first use water and is penalized by them. Therefore, as part of staff's
direction, perhaps contacting CVWD to see if there is wiggle room in their
policy for allowing brown lawns to be converted under their incentive
program. At this point, he favored encouragement and education or an
incentive program, if the City can provide it, instead of starting to enforce the
City's Brown Lawn Ordinance.
Mayor Pro Tern Nestande recalled she brought this issue up with the City
Manager under the blanket issue of blighted yards, however, the
informational report is mostly focused on brown lawns. She has several
photos of blighted yards that are not necessarily brown lawns, and she
knows this because as a real estate broker, she sees these yards when
driving around showing properties.
Councilmember Harnik moved to, by Minute Motion, receive and file the
informational report, with direction to be taken from discussion at this meeting. Motion
was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly,
Nestande, and Weber; NOES: None).
XVII. CONTINUED BUSINESS
A. CONSIDERATION OF THE SUBMISSION OF A LETTER OF SUPPORT (IF
AMENDED) FOR ASSEMBLY BILL 377 (GARCIA AND MAYES)
REGARDING MICROENTERPRISE HOME KITCHEN OPERATIONS
(Continued from the meeting of June 27, 2019).
Management Analyst Christopher Gerry stated Council requested staff to
conduct additional outreach to the authors of AB 377 and revise the City's
position letter in a more constructive manner. In the spirit of collaboration,
staff contacted the Offices of the two Assembly Members and informed them
of the City's recommended position, which is the City's support if the bill is
amended. Both offices appeared to understand the concern regarding which
agencies are responsible for opting into the program. Although, there is
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currently no desire to amend AB 377, both offices displayed interest in
having further discussions on this matter following this legislation.
Councilman Jonathan said the bill specifies the County can set policy about
the home kitchen, which would then automatically apply at the City level.
However, legal counsel has opined that the City will have some control over
it through land -use authority. If the bill passes and the City wants to
implement land -use authority, there is a conflict that will be resolved in some
manner, possibly through litigation.
Mr. Hargreaves concurred, stating there has been tension in the law between
the Health and Safety Licensing Authority for restaurants under the County
and the Land -Use Authority under the City. He said legislation has not been
clear in prior years about how these two interacted. In recent legislation,
there was an attempt to clear it up, but city attorney's on behalf of cities, still
believe that cities retain land -use control. Therefore, he believed the City
has the option of exercising land -use control under these circumstances.
Councilmember Kelly noted she was the one that originally pulled this item
from the Consent Calendar at the last meeting, and the current draft of the
letter fully addresses her concerns.
Councilman Jonathan stated he is prepared to oppose AB 377, because it
clearly has the intent of depriving Palm Desert of local control, and he will
fight that tooth and nail. Even if the bill was amended, it's not in the City's
best interest.
Councilmember Kelly pointed out that the draft letter expresses support if the
legislation is amended to preserve local control.
Councilmember Hamik concurred, stating the letter is phrased in a positive
fashion and allowing them to understand the City's thoughts on the issue.
Councilmember Kelly moved to, by Minute Motion, approve the submission of a
letter of support (if amended) to the appropriate legislators for Assembly Bill 377 regarding
microenterprise home kitchen operations. Motion was seconded by Harnik.
Mayor Weber requested the definition of "a home," because you now have
all these laws that say you can level a home and build a fourplex, and are
they each considered a home requiring each to have one of these licences.
Mr. Hargreaves said it was a good question, but he will have to get back to
the Mayor on that definition.
Councilman Jonathan agreed it was a good question, because what about
commercial kitchens in each apartment.
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Councilmember Kelly felt Council was borrowing trouble from tomorrow
which may or may not happen. The issue before Council was about taking
a position on the current bill and requesting it be amended to preserve local
control.
Mayor Weber agreed, but she still felt the City needed to be prepared for the
land -use ordinance based on the fact that there could be a kitchen in every
apartment and so forth.
Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES:
Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
XVIII. OLD BUSINESS
A. REQUEST FOR APPROVAL OF THE SELECTION OF A DESIGN FOR
PRESIDENT'S PLAZA EAST AND WEST PARKING LOT IMPROVEMENTS
AND OF CONTRACT AMENDMENT NO. 1 TO DESIGN CONTRACT WITH
DUDEK ENGINEERING (CONTRACT NO. C37040, PROJECT NO.758-14).
Mr. Garcia said he will provide an update to the President's Plaza Project
using the input received at the June 26 Study Session where staff brought
forward four proposals. Based on the input from Council, Options 1, 2, and
3, were not the preferred options, so then staff was tasked with exploring
options that would include minimizing impacts on parking, increase
landscaping and shade areas, accommodate trash enclosures, and address
new policies coming down from the State, including shared -ride parking
areas. He provided a slide presentation of Options 1 through 5 and
described each option in detail with respect to the parking spaces, trash
enclosures, and medians. Option 5 was a new option that was constructed
without the center islands, but it included additional landscaping and trees.
The issue with trees is that there are a couple of challenges. First, they
require a 60-foot area in order for it to survive and create a canopy.
Secondly, CVWD based the water budget on the landscape area, and that
area is for planters and not the asphalt around it. In order to water a tree for
it to grow will require going over the water budget, which will cost a lot of
money. It's the reason for the larger landscape areas and the smaller areas
will be good for shrubs and non -vertical planting. The additional challenge for
landscaping and trees is that the existing lot on the east side has 44 trees,
and Option 5 would allow for 14. In the west lot, there are currently 41 trees
and Option 5 would allow for 10. This will be a drastic reduction in trees and
the way to mitigate this is to increase the planter areas to accommodate
trees, but it will reduce parking spaces.
Councilmember Harnik asked if the City was currently over its water budget.
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Mr. Garcia answered it was, stating that in losing the center islands, staff lost
the ability to nest the trees and create a space that was viable for the trees.
Option 5 has been vetted through the property owners and it's the option
preferred by them. Property owners appreciated that staff listened to their
concerns for the need to maximize the parking spaces and minimize the
impacts on enhancements. They did keep the center walking aisles on both
parking lots, which can have decorative paving or possibly concrete stamp
material to extenuate the pedestrian pathway. Staff still needs to work out
the trash enclosures with the businesses to ensure not only that the number
is right, but their locations. He will be talking to Burrtec on their preference
in accessing them and also find out the size of the new enclosures based on
State requirements for organic waste. Staff is finalizing the lighting,
landscaping plans, and tree count, and once that is done, they will work on
the location for the pick up and drop off for ride share programs and the
shade structure design and location to compliment remaining trees.
Councilman Jonathan asked about the distance from the middle of the
parking lot to the nearest trash enclosure.
Mr. Garcia said it was about 520 feet.
Councilmember Harnik noted she previously worked at President's Plaza and
she had the duty of dumping the trash, so she was not in favor of asking
business to have to walk to either end of the parking lot, because that would
be too far.
Mr. Garcia agreed it was an issue, because it's the major concern
expressed, stating that access to the trash enclosures and the use of them
by non -businesses at President's Plaza is a big deal.
Councilmember Kelly stated that one of the merchants communicated to her
that they loved Option 5, recognizing there are still details about trees and
trash receptacles to work out. She asked staff if that was consistent with
what they have been hearing from the merchants.
Mr. Garcia answered yes, stating both in phone calls and emails.
Resoundingly, merchants have endorsed Option 5 with the caveat to
continue to work on the location of the trash enclosures and the trees. The
reduction in trees at this time is excessive and staff is trying to incorporate
less asphalt and somewhat more urban forest.
Councilman Jonathan asked about the 3-D renderings that the City paid
$7,000, and if staff could put those up on the screen.
Mr. Garcia replied he didn't have them as part of this presentation, but
believed he had them on a shared drive that he will try to access.
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Councilmember Harnik stated that Option 3 on Portola Avenue and San Luis
Rey represented a loss of 10 stalls, but it appears there are waste
receptacles in the center and on either end of the parking lot, which includes
roundabout that can include a tree. She said Option 3 includes the
appropriate amount of waste receptacles.
Ms. Aylaian pointed out that for Option 3 you need to look at both pages
together in order to see there is a loss of 34 stalls.
Councilmember Hamik felt that if the other side was treated the same as the
one on Portola Avenue and San Luis Rey, wouldn't that add a greater
number of stalls and add waste receptacles to the center. In other words,
use the same treatment on the east and west.
Councilmember Kelly asked if Option 5 included trash receptacles in the
center.
Mr. Garcia replied that currently there are no trash receptacles in the center
island and what is being shown in the center area are shade structures.
Responding to question about the 3-D renderings, he said they were buried
in the non-public drive.
Councilman Jonathan said the renderings were presented to the City Council
at the June 26 study session, and part of the proposal was to pay $7,000 for
them, therefore, he thought they would be part of this presentation. The
reason he brings it up is that they are very attractive and they illustrated the
striping and the split bulb outs.
Mr. Garcia was able to display a picture of Option 2, and explained that
Option 3 would show fewer trees, and Option 4 eliminated the center islands
and the majority of the landscaping. With Option 5, they have converted
some of the parking spaces into landscaping areas to accommodate trees,
but still have far less than Option 2.
Councilmember Kelly said there were merchants here at the beginning of the
meeting, but left because they were confident, based on the discussion at
the study session, that Council would be working with Option 5 and they love
it. Now Council is hearing there is potential to add some trees and
potentially explore placement of trash receptacles in the center, which she
felt the merchants are amenable to. The appropriate thing to do is to
approve Option 5 with direction to accomplish those two things through
discussions with the merchants, because Council can tryto micro -design this
for quite a few more meetings, but it will delay the project. She believed
Council has accomplished what it could by way of guidance to achieve the
appropriate outcome. As stated by Councilmember Harnik, returning to
some aspects of Option 3 will help resolve those two issues, but the
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finalization of the fine points should happen between staff and the affected
merchants.
Councilmember Hamik asked for clarification, because she thought she
heard staff say the merchants were amenable to no trash receptacle in the
middle.
Mr. Garcia explained the discussion he had with the merchants was that they
loved Option 5 with the caveat that some parking would be loss as additional
trash receptacles would be accommodated in locations yet to be determined.
Staff came to the City Council with Option 5 as a template, recognizing it
needs to tweak it to identify the loss in trees, which staff is trying to mitigate.
He said staff can work with Option 5, along with the merchants, but he didn't
want anyone to be surprised by the impacts on the project.
Councilman Jonathan said he started this process looking for something
really grand, and in early discussions and study sessions, he envisioned a
partially submerged parking lot with a park on top with gathering spaces, etc.
He has gone far away from his original vision, and Council had this
discussion earlier as to whose qualified to guide this project, and it appears
that in this case it's the merchant. However, at the end of the day, it's the
City who will inherit this project for many years. He said Option 5, without
micro -managing and micro -designing, is acceptable, adding he was
reluctantly ready to make that compromise. He wanted the final product to
be a beautiful upscale parking lot that represented the Palm Desert standard,
which he hopes to still gain. If Council approves Option 5, it needs to be with
two caveats: No. 1, direct staff to get as much landscaping possible, and
No. 2 include a full-size waste receptacle in the center of those lots. He
believed there was a potential solution, although you lose parking stalls,
which is to look at Option 3 and doing the same for both the east and west
using Option 5. This will address the center trash receptacles, which
employees who have to throw trash will appreciate.
Mr. Garcia offered Option 5 with an increased area at the access points to
accommodate receptacles without having to do a big center island.
Councilman Jonathan requested full-size trash receptacles in the center of
the west and east parking lot under Option 5, and direction to include as
many trees and greenery as possible.
Councilmember Kelly added that the request to get as many trees as
possible has to be in the context of Option 5 goals, which is to preserve as
many parking spaces as possible, stating it was a balancing act.
Councilmember Hamik was adamant that if the parking lot does not have
full-size receptacles in the center, there will be a lot of unhappy people. She
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PRELIMINARY MINUTES DRAFT
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2019
reminded everyone that this was not only a parking lot, but also the front
door to many of the businesses.
Mr. Garcia noted the motion includes an amendment to the contract with the
cost for the engineer in the amount of $50,000. Also, staff will be coming
back to the City Council for authorization to go out to bid in January 2020.
Councilmember Kelly moved to, by Minute Motion: 1) Select Option 5, with
instruction to staff to accomplish inclusion of additional trees/landscaping, consistent with
stated objectives of said option, and placement of full-size waste receptacles in the center
of both east and west lots, through discussion with affected merchants; 2) approve
Amendment No. 1 to subject contract with Dudek in the amount of $50,000; 3) authorize
the Mayor to execute said Contract Amendment — funds are available in Account
No. 4514692-4400100 - SARDA Bond Project Funds. Motion was seconded by Jonathan.
Councilman Jonathan noted that the construction completion date of
September 28, 2020, is very critical, which he believed everyone understood.
Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES:
Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
Mayor Weber thanked staff for all their time and energy on this project.
XIX. PUBLIC HEARINGS
None
XX. ADJOURNMENT
With City Council concurrence, Mayor Weber adjourned the meeting to the
recessed Closed Session at 6:47 p.m. Ms. Klassen reconvened the meeting at 7:23
p.m. and immediately adjourned, with no reportable action from the Closed Session.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
SUSAN MARIE WEBER, MAYOR
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