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HomeMy WebLinkAboutPrelim - CC - 05-24-2018PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 24, 2018 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Jonathan convened the meeting at 3:08 p.m. II. ROLL CALL Present: "Mayor For the Day" Daisy Armstrong Councilmember Jan C. Harnik Councilmember Kathleen Kelly Councilmember Gina Nestande Mayor Pro Tem Susan Marie Weber Mayor Sabby Jonathan Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney Rachelle D. Klassen, City Clerk Lori Carney, Director of Administrative Services Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Tim Jonasson, Interim Director of Public Works Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager John Cortez, 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, Records Technician III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) MR. ROBERT MUELLER, Rancho Mirage, CA, addressed the City Council regarding Senate Bill (SB) 54. Claims have been made that more people have been murdered by illegal aliens than Americans' lives lost in the Vietnam War. However, there were 58,220 American lives lost in Vietnam in the five years that the PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 U.S. was involved there. Annually, there are about 17,800 murders in the United States, with 500 to 600 of them estimated to have been committed by undocumented aliens. Therefore, it would take about 100 years for the number of lives lost at the hands of undocumented aliens to equal the aforementioned total. Although, he added that in the last five years, 64,800 people have lost their lives as a result of firearms in the U.S., and he felt that was the more relevant comparison. MS. LYNNE O'NEILL, Cathedral City, CA, representing Coachella Valley Immigrant Dignity Coalition, understood the City Council was going to be taking a position against State of California in the pending litigation instituted by Department of Justice. She related that immigration law was clearly a matter of Federal jurisdiction, with enforcement being a blend of State, local, and Federal law, as defined by the 10th Amendment and a series of cases about states' rights issued by the Federal Judiciary for decades, primarily by the late Justice Scalia. It was, therefore, not influenced by Facebook "likes," "hair -on -fire rants," "Tweets," and resolutions by city councils. She offered that if Palm Desert wants to take a position, it must sign an amicus brief and join the argument. But first, she urged City Council to read the lawsuit, adding that the system of checks and balances is currently under siege. She disputed the way the lawsuit was proposing to have ICE (U. S. Immigration and Customs Enforcement) enter businesses without a judicial warrant; instead allowing ICE to do so with a civil warrant issued under the Executive Branch. Further, the lawsuit seeks to eliminate judicial review of a significant and powerful law enforcement agency and is highly improper. She quoted Sen. John McCain, saying it was time to return to regular order. She believed that it would and hoped the Palm Desert City Council, fair-minded people in the Coachella Valley and State of California are on the right side of history when it does. MR. LEWIS STEWART, Palm Springs, CA, said the City Council was apt to hear many voices pressuring support or opposition to SB 54, AB 450, and AB 103. Should the City Council decide to commit to one action or the other and add it to a future agenda, he urged supporting provisions of Sanctuary State for the following reasons. First, because it makes the community safer, with immigrant communities more likely to cooperate with local law enforcement, and is in no way soft on crime (over 800 crimes, such as hate crimes and money laundering [mostly felonies and wobblers] being exceptions to SB 54 protection). Second, the foundation of SB 54 is solid and will likely survive any challenge from the Department of Justice. Third, it is the moral thing to do. Nothing was gained by scapegoating the immigrant community with misinformation and hate speech. He felt it would be better for the City Council to do nothing; the issue was currently being litigated, and committing either way at this point would only increase potential liability, The City of Los Alamitos, which opposed SB 54, is already being sued, and others will certainly follow. Additionally, with an opposition resolution, the City's exposure to liability will be increased if any employees violate the provisions of SB 54. He encouraged Palm Desert to remain neutral and allow the issue to be resolved in the courts. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 MR. ALAN CARVALHO, Cathedral City, CA, proudly reported that one year ago, Cathedral City adopted an ordinance as a Sanctuary City, his husband, Councilmember Shelley Kaplan, spearheading the effort, with meeting attendance having to be curtailed at one point for exceeding the Fire Code. He'd always found Palm Desert City Councilmember Jan Harnik to be charming and respectful. However, he believed the current attempt at scaring people into voting for her while diminishing her opponent for Supervisor with a character assassination is so vile, that it will forever darken her hopes for a viable political future. He noted that the country is divided right now, but instead of taking the high road to unify the area's diverse ethnic community, with Cathedral City having a 60% Mexican family population, true leadership would be taking the high road. Instead, Ms. Harnik tapped into fear, hatred, racism, and low-level scare tactics — shameful behavior from someone who has garnered respect from both Republicans and Democrats, and many Independents and Progressives. He respected Councilmember Harnik - but the entire Coachella Valley would not sit still for campaign racism, campaign homophobia, or any form of political scare tactics that cheapen the dignity of civic servitude. He went on to compliment Ms. Harnik for her amazing daughter, noting that she'd addressed the City Council in Cathedral City in the most articulate manner — obviously, leadership taught by her mother. MS. AMALIA DEAZTLAN, Bermuda Dunes, CA, spoke for residents of the community and urged respect — to make sure those who have so little can have the protection of the law. As a Mexican -American, she had seen a lot of pain in her community, people not feeling confident. Today she had just come from a meeting regarding the upcoming 2020 Census, noting she'd run public relations for it in both 2000 and 2010. It's a way to come together in order to report as many people as possible to bring money back to the cities. She observed that the State of California loses billions of dollars, needing to make sure that everyone counts so that money paid to the Federal Government comes back to the area as California reports its population. However, she's experiencing an environment of fear and wanted to make sure that people are able to report and feel part of the larger Coachella Valley community — working with each other, not against. She asked City Council to think about what is going on; the immigrant population has dropped to zero. Immigrants/Undocumented are not eligible to get any type of help from the government, yet they contribute billions of dollars that are not coming back. Further, she urged looking at the facts and work with the community to make it a great place to live - no fear. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite Nos. 100 or 104, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Janet M. Moore/Anthony Hernandez/City of Palm Desert Property Owner: City of Palm Desert Other Parties: LIFT to RISE Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 104, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Janet M. Moore/Anthony Hernandez/City of Palm Desert Property Owner: City of Palm Desert Other Parties: United Way of the Desert Under Negotiation: x Price x Terms of Payment 3) Property: SEC Fred Waring Drive/San Pablo Avenue (APNs 627-101-002, 627-101-017, 627-101-033, 627-101-061, and 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 C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Agency: Lauri Aylaian/City of Palm Desert Employee Organization: Palm Desert Employees Organization With City Council concurrence, Mayor Jonathan adjourned the meeting to Closed Session. He reconvened the meeting at 4:12 p.m. 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA- Honorary Mayor for the Day Daisy Armstrong VII. INVOCATION - Mayor Sabby Jonathan VIII. AWARDS AND PRESENTATIONS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MAY 24, 2018, AS "DAISY ARMSTRONG DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Jonathan presented the proclamation to Ms. Daisy Armstrong. B. PRESENTATION OF UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER TIMOTHY FITZPATRICK. Mr. Fitzpatrick noted he has been on the Youth Committee for three years. He reported the Youth Committee meetings have ended for this school year, but they did hold their last event at the Joslyn Center where they help the senior with their technology. This year the Youth Committee has ten (10) high school seniors graduating, and the colleges they will be attending include University of California, San Diego; Cal State Long Beach, California; Lutheran University; Harvard and others. The next meeting will be September 17, 2018, for the following school year, adding they are always looking for new members. Responding to question, he said members are in grades 8th through 12th. Councilmember Harnik stated that as the City Council representative for the Youth Committee, she has observed them to be the most outstanding group of students. She said they have been so energetic and their projects have been great. Mayor Jonathan thanked Mr. Fitzpatrick for his report and wished him a great summer, adding it was another committee Ms. Daisy Armstrong could join. 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 C. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MAY 24, 2018, AS "DESERT ROSE SOCIETY DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Jonathan presented the proclamation to Ms. Peggy Bakke, past President of the Desert Rose Society. Ms. Bakke was delighted to see the garden looking great again, stating it was a reflection on them as good caregiver's. She thanked the City for undertaking this project that started in 2013, when she was president, and through joint efforts there is now a garden that all can be proud. She introduced current President Linda Simmons, and invited the board members up to the podium for a group photo. Mayor Jonathan noted volunteers shape the community in many different ways, and this was one of them. Additionally, he welcomed anyone who was interested in being a volunteer and/or a member of the City's Committees and Commissions to please sign up. D. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MAY 24, 2018, AS "PDHS WINTER GUARD DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Jonathan presented the proclamation to the Palm Desert High School Winter Guard team. He also invited the teachers and principal up to the podium for a group photo. E. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MAY 24, 2018, AS "PDCMS VARSITY WINTER GUARD DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Jonathan presented the proclamation to the Palm Desert Charter Middle School Varsity Winter Guard team. He also invited the teachers and principal up to the podium for a group photo. F. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MAY 24, 2018, AS "PDCMS JV WINTER GUARD DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Jonathan presented the proclamation to the Palm Desert Charter Middle School JV Winter Guard team. He also invited the teachers and principal up to the podium for a group photo. G. PRESENTATION OF PROCLAMATION DECLARING MAY 21 - 27, 2018, AS "NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF PALM DESERT. Action: This matter was continued to the 6/14/18 meeting at the direction of staff prior to the meeting. 6 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 IX. ORAL COMMUNICATIONS - B MS. JUDY NORMAN, La Quinta, CA, a Desert Sands Unified School District teacher that taught kindergarten through 7th grade, shared about lives of two of her former students that received straight A's. Although they now have legal papers, their father who was undocumented had worked in the United States for 18 years. These two students lived in fear that their parents might be pulled over for a minor traffic infraction and then be deported. Their father did not go to a doctor or dentist out of fear of being deported, which she thought was unacceptable. She added that no child in the United States should have to live with the daily fear of losing their parents, yet many children in the Coachella Valley live this fear. When she's pulled over and sees the red lights flashing from the police car, she's annoyed with herself or worried she will be late to wherever she was going, but never has she worried that it might result in her being taken away from her children. Her purpose today was to enlighten the City Council about the fear of parents being detained or deported, because it affects children in the schools. Her colleagues have heard students express this fear, questioning why the President of the United States is telling ICE (U.S. Immigration Customs Enforcement) and the police to go after them. MR. NATHAN MILLER, Corona, CA, stated he was representing the No Sanctuary Committee, a group dedicated to opposing SB54. They reside in Corona, but they work throughout the Inland Empire and both counties. The statement made that what happens here has no impact and doesn't mean anything is wholeheartedly false, because what the City Council does and says here means' everything. There is a reason for a resolution process and an opportunity to join a lawsuit. This Council also has an obligation, as a fiduciary liaison between residents and staff, to ensure tax payer resources are used accordingly, not only as policymakers but as leaders and visionaries for the City. He said the City Council has a responsibility to take a position on issues that matter to the general public. He said Council had full knowledge his group would be here this evening and this topic was not placed on the agenda. Surprisingly, elections will be held next week and everyone's concerned about reelection, stating some will be up for reelection in November, so Councilmembers should have taken a position today. He said they will be back to remind this City Council of its obligation to take a position on this issue, because SB54 has been grossly mischaracterized by some speakers this evening. He said this law has nothing to do with illegal immigration or taking children away from their families. These emotional pleas are mistruths and speakers are trying to manipulate the City Council, stating they are liars and filled with hatred. They refer to anyone that disagrees with them as racist, so they cyberbully by taking your picture and putting it on-line to discredit one's reputation, and it is disgusting. Again, SB54 is about public safety and removing people convicted of crimes. Crimes they now characterize as nonviolent, because they have reduced felonies to misdemeanors. They have reclassified those crimes as misdemeanors or nonviolent crimes, but they include drugging and raping an unconscious person and human trafficking, which he still considers very violent. They have also reduced 365 days of maximum 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 incarceration to 364 days, because if you are in the United States illegally and incarcerated 365 days, you automatically.get remanded to ICE; it is an intentional effort to release criminals into society. There is no rational person on the face of this nation that believes convicted criminals have a place in our society. The fact that people are here this evening defending it, is evil. Further, it's not all about Latinos, because Asians and European are also here illegally committing these crimes and they ought to be deported. He said you can find him on Facebook. MS. ROSIE PUENTES -TERRY, Desert Hot Springs, approached the City Council to say the State of California took a stand with SB54 in trying to protect people that are not rapists or murderers. It isn't a misconception, because the majority of the people that come to the United States that are undocumented are law abiding, and they don't want to be in the cross -hairs of the justice system, they just want to live the best life they can. She asked the City Council to not take the route of Los Alamitos and other cities that oppose SB54, asking them to consider that most undocumented individuals are productive citizens who pay their taxes and are attempting to have their children educated. In 1933 there was mass repatriation of Mexicans and Mexican -Americans. People that were born in the United States were sent back to Mexico and scapegoated for the depression and being accused of taking jobs that were lacking. Many of those people were never able to reestablish a life in the United States, which was a life they had striven for their family. She asked the City Council not to buy into the fearmongering going on at this time. MS. MARIBEL NUNEZ, stated she was Director of California Partnership in Riverside, but they also have a local Coachella Valley chapter. She is also part of the Coachella Valley Immigrant Dignity Coalition. Because of the City's principles is the reason why so many speakers were here this evening, to make sure the City respects and treats everyone equally regardless of immigration status. She said they believe in human dignity and looked to the City to continue that principle by not supporting any resolution against the community, but follow suit with the neighboring city of Palm Springs. As an organization, they register people to vote and try to get them out to vote. The Inland Empire State of Immigrant Report indicated the majority of immigrants are actually naturalized citizens or residents, and these folks could vote. Therefore, any anti -immigrant rhetoric could definitely jeopardize anyone running for office. They seek support from elected officials, because of the hateful rhetoric against the immigrant community, and they want the community to continue cooperating with police, but right now there is a lot of fear going on. People who are dealing with domestic abuse do not call the police for fear of being deported. She didn't only want to address SB54, but to also point out that immigrant communities are the backbone of the Coachella Valley. Many of them are migrant farmworkers, so she asked that this City Council support them. According to a report by the Institute on Taxation and Economic Policy, in California alone, undocumented immigrants contribute $3 billion, and if there is immigration reform the potential could increase to $500 million. Additionally, there is confusion between SB54 and Proposition 47, as it was mentioned here there were a reclassification and/or people getting away with murder, etc. She said many do 8 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 advocate for Proposition 47 where individuals that committed non -sexual crimes were being charged felonies; they served their time and are seeking reentry to the workforce. MS. YOLANDA BROWN, Joshua Tree, California, indicated she was present this evening on behalf of her neighbors and the Coachella Valley Immigrant Dignity Coalition. She offered that she didn't come from a family of immigrants, stating her European ancestors were here long before by crossing the ocean and colonized the Americas, yet she's seen as an immigrant. She said her skin color and accent automatically bring the assumption that she's undocumented, stating her skin is only indicative of her roots and should not make her an outsider. She can make the argument that this land was stolen and the true immigrants to this land are Europeans, but that would be a wasted argument. What is more important, is that the United States was built on Christian principles. In church she learned that Christians are love, nurturing, inviting, and unafraid, but that doesn't describe what she sees today. Today there are systematic attacks against people who are fleeing the horror, violence, and abuse in their countries. They are looking for refuge in America, same as other immigrants during the 1800's and 1900's, the difference is that they look different from their European brothers. As compassionate humans, Christians or otherwise, it is not ok to single out and persecute the Latino community, tear families apart, or generalize an entire race. As Christians in particular, it is not okay to profess Jesus or God's name to do evil deeds by stomping on the vulnerable; it should not be the next mark of America. As City Councilmembers who are sworn to protect its community, it's not ok to submit to racist rhetoric and help inflame racial tensions. Regardless of whomever wears the hood of patriotism, Council needs to -protect the sanctuary of fellow brothers and sisters and take a stand against racism, lies, and hate, stating kindness and love was needed, not vigilantes. She asked that this City Council stand by the choice made by the Statewide residents and reject any resolutions against SB54. Mayor Jonathan stated that at this point, as indicated earlier, Council will move forward with the remainder of the agenda. The City Council will come back under Oral Communications C, which is Item XIII of the Housing Authority agenda, where he will resume public comments. X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Councilmember Jan C. Harnik Committee Reports and General Comments. 1. Harvey Milk Diversity Breakfast - attended this event that was attended by more than 1,000 people. She said the work done by students there was amazing. 2. Veterans Homelessness Stand Down - the event was held in Indio on May 12, which was done in collaboration with the Street Life Project, and they did some outstanding work. 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 3. Palm Desert Middle Charter School - reported that Principal Frazier has become proactive knowing there is lack of sensitivity since the Cannabis decriminalization, which was not taken well by some students. Therefore, she had a DEA (Drug Enforcement Administration) agent attend three school assemblies to talk to every student. The information was well -taken and well -received, stating she was impressed with how well the agent did in speaking to the students. She learned that 70,000 individuals died of a drug overdose and each year there are 30,000 babies born addicted to drugs. B. Councilmember Kathleen Kelly Committee Reports and General Comments. 1. Desert Community Enerav (DCE) - attended the Board Meeting substituting for the Mayor who was at other City business. It was key to report the status of his efforts through the DCE. She said this was a Community Choice Aggregation (CCA) Project, which will launch with letters being mailed to Palm Desert residents next month. She asked everyone to be alert, open the letter, and read it carefully in order to be informed about the system. The letter will inform residents that it will start in August. Residents will still get their Southern California Edison (SCE) bill, and it's divided into parts. One is for the infrastructure that delivers energy, which is the same it pays SCE for the infrastructure, because they invested in it. The second half of the bill is to cover the electricity that travels to residents, which will now be purchased by DCE. It will still be on the SCE bill, but this new organization will be procuring the energy with two goals. The first is to reduce the price lightly; initially by 3%. The second goal is to create some additional choices, if members of the public wished to opt for a greener choice. The mailers include a telephone number and website that can be used if a member opts to keep everything as it is currently. This was all about choice, so members can opt to continue to use SCE for procurement of energy. You can also use that phone number to check in for any questions. She thanked Mayor Jonathan for investing a lot of work on his part to get the City to this point. Mayor Jonathan added he was very proud of Palm Desert, because it's always been at the forefront of environmental consciousness as it presents its residents with an opportunity/choice to use DCE and have some savings, but also opt for greener energy. C. Councilmember Gina Nestande Committee Reports and General Comments. She welcomed everyone in the audience, stating she hoped for respectful discourse this evening. 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 D. Mavor Pro Tem Susan Marie Weber Meeting Summaries Report for the Period of April 21 - May 6, 2018. With City Council concurrence, the Meeting Summaries Report was received and filed. 1. Thank you to Mario's Restaurant - reported the Optimist Club holds their monthly Student of the Month and Student of the Year Awards for the schools. The City participated by giving out pens, including the two plagues, but she had to thank and recognize Mario's Restaurant for hosting the event and providing the food, and they do it for so many functions. This event was also a reminder that Palm Desert supports students in schools, stating it was wonderful to hear their aspirations. E. Mayor Sabbv Jonathan Committee Reports and General Comments. 1. 2018 Academic WorldQuest National Competition - announced that Palm Desert High School students participated in the competition in Washington, D.C., and won second place in the nation. He said it was the highest place ever attained by a high school in the Coachella Valley. 2. Art & Essay Contest - reported the City has sponsored this event for 33 years. The event was held on May 16 in the City of Palm Desert Council Chambers and it was completely filled. The Mayor is required to go through all the essays and art, including selecting the winners, which wasn't easy. He thanked staff, in particular, Public Art Technician Debbie Thompson for organizing the event, which was very well done. 3. International Convention of Shop ping Centers (ICSC) - he attended this massive convention, which was incredibly productive. He will provide a more detailed report to the City Council at a later time, but one of the outstanding accomplishments was that he attended meetings with key people who are here in the Valley who have not been able to talk face to face. They are enthusiastic about working with the City, in terms of retail opportunities and economic development, stating it was a worthwhile event to have attended. He thanked Director of Economic Development Martin Alvarez for his guidance during the conference. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 F. City Council Requests for Action. 1. Palm Desert Charter Middle School (PDMCS) - Councilmember Harnik stated there have been recent talks about the PDMCS and its charter status. She recalled that in 2009 the City contributed $50,000 to get the school going, so she felt the City needed to pay attention to the matter, because it's a great school and the highest performing school in the Valley. Mayor Jonathan noted it also applied to Washington Charter Middle School. He said they are in discussions with the District to work out some issues, adding everyone was hopeful the City will retain its two charter schools. 2. Westfield Mall Used Car Sale - Mayor Jonathan stated Westfield Mall held a used car sale on their parking lot on the southeast corner on Monterey Avenue, and he's not convinced this event adds or elevates Palm Desert. He understood this event went through a permitting process, which so far has been at staff level, and it was granted. He asked staff to review the policy regarding permits for special events at Westfield Mall and report back to the City Council. G. City Council Consideration of Travel Requests/Resorts. None XI. STAFF REPORTS AND REMARKS A. City Manager 1. City Manager's Meeting Summaries Report for the Period of April 30 - May 11,2018. With City Council concurrence, the Meeting Summaries Report was received and filed. 2. Request to Add Item to the Agenda - requested the City Council's consideration of adding an item (Joslyn Center Board of Directors Vacancy) to the agenda by four -fifths vote, which presented itself after posting of the agenda. This item will be placed under Section XVI - New Business. Upon motion by Harnik, second by Weber, and 5-0 vote of the City Council (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the aforementioned item was added to the City Council agenda under New Business. 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 B. City Attorney None C. City Clerk None D. Public Safety 1. Fire Department None 2. Police Department None XII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 10, 2018. Rec: Continue to the next meeting. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 4/20/2018, 4/27/2018, and 4/30/2018. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrant Dated 5/4/2018 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Libation Room, 73750 El Paseo, Suite No. 101, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Palm Desert Resort Country Club, 77333 Country Club Drive, Palm Desert. Rec: Receive and file. 13 PRELIMINARY MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 F. REQUEST FOR APPROVAL of a Revised Funding Source for the 2018 Slurry Seal Project (Contract No. C36690, Project No. 751-18). Rec: By Minute Motion, review the funding source for the 2018 Slurry Seal Project from Measure "A" to Gas Tax Funds. G. REQUEST FOR RATIFICATION of Increasing Purchase Order No. P113796 Issued to Office Team to $55,000 for Temporary Staffing. Rec: By Minute Motion, ratify increasing P.O. P113796 issued to Office Team to $55,000 H. REQUEST FOR AWARD OF CONTRACT to Sola-Lite for the North Wing and Administration Lobby Skylight Replacement Project in the Amount of $14,989.84 (Contract No. C36820, Project No. 723-18). Rec: By Minute Motion, award/authorize: 1) Subject contract to Sola-Lite, Palm Desert, California, for the North Wing and Administration Lobby Skylight Replacement Project in the amount of $14,989.84; 2) Finance Director to set aside an additional contingency in the amount of $5,000 for unforeseen expenses; 3) City Manager the use of said contingency by means of a Change Order, should staff recommend it; 4) City Manager to execute the subject agreement and all related documents, including Change Orders; 5) Mayor to execute the Notice of Completion upon satisfactory completion of said work — funds are available in Project Account No. 4504161-4400100 - Building Maintenance. I. REQUEST FOR APPROVAL of a One -Year Extension of Contract with Conserve LandCare, Inc., for Landscape Maintenance Area (LMA) No. 1 in the Amount of $122,884.08 and Including Repair Work and Services at the Specified Contract Amount Not to Exceed 20% (Contract No. C35951, Project No. 901-18). Rec: By Minute Motion, approve/authorize: 1) One-year extension to subject contract with Conserve LandCare, Inc., Thousand Palms, California, for Landscape Maintenance Area (LMA) No. 1 in the amount of $122,884.08; 2) repair work and services at the specified contract amount not to exceed 20% ($24,577); 3) City Manager to execute the related contract amendment — funds are available in General Fund Account No. 1104614-4337001 - Repair/Maintenance Medians and Assessment District Account No. 2764374-4332000 - Haystack Drainage Channel. Approved 4-0-1 (AYES: Harnik, Kelly, Nestande, and Weber; NOES: None; ABSTAINING: Jonathan). 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 J. REQUEST FOR APPROVAL of One -Year Extension for Contract with Urban Habitat Environmental Landscapes for Landscape Maintenance Area (LMA) No. 2 in the Amount of $107,384.16 and Including Repair Work and Services at the Specified Contract Amount Not to Exceed 20% (Contract No. C35661. Project No. 902-18). Rec: By Minute Motion, approve/authorize: 1) One-year extension for subject contract with Urban Habitat Environmental Landscapes, La Quinta, California, for Landscape Maintenance Area (LMA) No. 2 in the amount of $107,384.16; 2) repair work and services at the specified contract amount not to exceed 20% ($21,477); 3) City Manager to execute the related contract amendment — funds are available in General Fund Account No. 1104614-4337001 - Repair/Maintenance Medians. K. REQUEST FOR APPROVAL of One -Year Extension for Contract with Kirkpatrick Landscaping Services, Inc., for Landscape Maintenance Area (LMA) No. 4 in the Amount of $129,051.96 and Including Repair Work and Services at the Specified Contract Amount Not to Exceed 20% (Contract No. C35671, Project No. 904-18). Rec: By Minute Motion, approve/authorize: 1) One-year extension for subject contract with Kirkpatrick Landscaping Services, Inc., Indio, California, for Landscape Maintenance Area (LMA) No. 4 in the amount of $129,051.96; 2) repair work and services at the specified contract amount not to exceed 20% ($25,810); 3) City Manager to execute the related contract amendment — funds are available in General Fund Account No. 1104614-4337001 - Repair/Maintenance Medians. L. REQUEST FOR APPROVAL of One -Year Extension to Contract with Kirkpatrick Landscaping Services, Inc., for Landscape Maintenance Area (LMA) No. 7 in the Amount of $105,541.44 and Including Repair Work and Services at the Specified Contract Amount Not to Exceed 20% (Contract No. C35681, Project No. 907-18). Rec: By Minute Motion, approve/authorize: 1) One-year extension for subject contract with Kirkpatrick Landscaping Services, Inc., Indio, California, for Landscape Maintenance Area (LMA) No. 7 in the amount of $105,541.44; 2) repair work and services at the specified contract amount not to exceed 20% ($21,108); 3) City Manager to execute the related contract amendment — funds are available in the respective Landscape and Lighting District Accounts. 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 M. REQUEST FOR APPROVAL of Second One -Year Extension of Contract with Conserve LandCare, Inc., for Landscape Maintenance Area (LMA) No. 16 in the Amount of $167,067.12 and Including Repair Work and Services at the Specified Contract Amount Not to Exceed 20% (Contract No. C34852, Project No. 916-16). Rec: By Minute Motion, approve/authorize: 1) Second one-year extension for subject contract with Conserve LandCare, Inc., Thousand Palms, California, for Landscape Maintenance Area (LMA) No. 16 in the amount of $167,067.12; 2) repair work and services at the specified contract amount not to exceed 20% ($33,414); 3) City Manager to execute the related contract amendment — funds are available in General Fund Account No. 1104611-4332001 - Repair/Maintenance Landscaping Services. Approved 4-0-1 (AYES: Harnik, Kelly, Nestande, and Weber; NOES: None; ABSTAINING: Jonathan). N. REQUEST FOR APPROVAL of Second One -Year Extension to Contract with Conserve LandCare, Inc., for Landscape Maintenance Area (LMA) No. 18 in the Amount of $86,671.56 and Including Repair Work and Services at the Specified Contract Amount Not to Exceed 20% (Contract No. C34862, Project No. 918-16). Rec: By Minute Motion, approve/authorize: 1) Second one-year extension for subject contract with Conserve LandCare, Inc., Thousand Palms, California, for Landscape Maintenance Area (LMA) No. 18 in the amount of $86,671.56; 2) repair work and services at the specified contract amount not to exceed 20% ($17,335); 3) City Manager to execute the related contract amendment — funds are available in General Fund Account No. 1104611-4332001 - Repair/Maintenance Landscaping Services. Approved 4-0-1 (AYES: Harnik, Kelly, Nestande, and Weber; NOES: None; ABSTAINING: Jonathan). Mayor Jonathan registered his abstention on Items I, M, and N. Upon motion by Harnik, second by Kelly, and 5-0 vote by the City Council (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the remainder of the Consent Calendar was approved as presented. 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 XIII. CONSENT ITEMS HELD OVER None XIV. RESOLUTIONS A. RESOLUTION NO. 2018 - 28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY OF GUIDELINES FOR ART IN PUBLIC PLACES. Management Analyst Deborah S. Glickman said it was time to do some clean up on the Art in Public Places Guidelines as it had references to the Redevelopment Agency and other items were outdated. Councilmember Kelly took issue with penalizing applicants if it's determined that staff has invested substantial additional effort to help them with the guidelines. Ms. Glickman responded it was basically for when public art projects come to the City after they have completed the project and not going through any of the approval processes through the AIPP and City Council. If an issue can be easily remedied without using extreme staff time it would be okay, but the penalty is for taking a lot of staff time in working backwards. Sometimes staff has trouble working backwards and even acquiring the information needed. This allows for a mechanism for a project to have a portion of their fee returned. Councilmember Kelly said she was troubled by this proposed clause, and she heard the good intentions, but it sounds at odds with how the City wants to project itself to all the users of City services. She takes pride in all the stories she hears on how staff goes above and beyond to be helpful with folks who have difficulty satisfying City requirements, whether it's Code Enforcement Officers going the extra mile, the folks at the counter who work on designs on napkins, or extensive efforts made on behalf of AIPP. It also puts staff in a very untenable position to be making a subjective judgment that an applicant has been a lot more trouble than the norm to warrant a 20% penalty. She has real questions about the enforceability to such a subjective standard. Therefore, she's opposed to the clause, but the rest of the cleanup is terrific. Councilmember Nestande concurred, especially as the City starts to implement Envision San Pablo where the City wants to attract commercial development. She added this was just one small component of the development process and it seems onerous and punitive to have that 20% penalty. 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 Mayor Pro Tem Weber pointed out that the clause includes,"... was not followed by an applicant." She said the Commission had the experience of an applicant requesting reimbursement of funds after they had put the art in place. The applicant was advised to complete the paperwork and refused to do so, thereby, not following the approval process. Filling it out wasn't a big deal, so they asked staff to please help them. Staff bent over backwards to help with the paperwork, so to keep this from happening again, the Commission thought long and hard about how to prevent it. It's not that the City will change how it will help applicants, instead it's for those that don't want to comply with the process and procedures and the City then has a recourse. She said this was thought out very carefully based on an experience that was very profound. Councilmember Kelly replied that ultimately the request can be denied. In the particular case Mayor Pro Tem Weber is recalling, it was determined there was substantial compliance, and she would hate to see an ultimate determination in favor of an applicant coupled with a penalty. Mayor Jonathan asked if Councilmember Kelly was opposed to the penalty or the subjective nature of the procedure. Councilmember Kelly said she was opposed to both, and this was just unprecedented. It's a troublesome path to go down to start deciding whose used a permissible amount of City staff time. It's a problematic path to go down and there's an adage about not letting one case make bad law, and if Council was to adopt policy based on one case, it could create real difficulties in the future. Mayor Pro Tem Weber asked if it would be preferable to say up to 20%, however, there is always an appeal process that can go before the City Council after a case has been ruled on. Councilmember Kelly strongly emphasized that it was absolutely wrong to have the notion that there is a set amount of City staff time that can be allocated to helping someone be in compliant with City requirements after which they have to pay a penalty, which she believed was wrong. Councilmember Nestande agreed, because it is a long process, and in the case were discussing, the applicant was confused by all the different steps. She added it wasn't the easiest process, because there are many rules and regulations to get your artwork approved, which is the reason she was against the 20% penalty. Councilmember Harnik recalled the case everyone was talking about went on for months. She appreciates the AIPP work on this case, because it did go on and on, and it was an exception to what was being encountered, but 18 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 she disagreed the process was difficult. In this particular case, it wasn't that the applicant didn't understand, it was more that she didn't want to follow the Ordinance. She agreed a great deal of time was spent on the case, but that's because of the personality of the City. The question now was how to avoid this from happening again. Councilmember Nestande recalled the applicant had her own piece of artwork that she thought was beautiful, and art is very subjective. Mayor Pro Tem Weber said everyone liked the artwork, so that wasn't the issue. The matter got put out to the public that Palm Desert didn't like the art, so already there was fallacy in place. Councilmember Kelly said Council had to be careful about relitigating that case here, because ultimately Council found the applicant substantially in compliance with the policies and approved the art. The question was how to prevent something like that from happening again, and she believed the remedy is that if the City felt someone was not in compliance, they should be denied return of the fee. In the case discussed, the City felt there was substantial compliance. To her way of thinking it's not a problem demanding a fix, the system worked. Mayor Jonathan agreed, stating there was one bad apple over many years and over many AIPP projects, and perhaps policy shouldn't be shaped by one unfortunate experience but rather learn from it, which he believed the City has. Councilmember Harnik asked if the City had encountered this type of situation before. Ms. Glickman answered yes, at least once, if not twice. The intent of this policy is for someone who has skipped through all approvals in the beginning stages before the artwork is installed. However, for the record, she is happy to spend time with any applicant and would be happy to do so. This has happened in a couple of cases in the past, and the one she recalls the project was turned down and the fees were not refunded. A policy like the one being proposed might give someone the opportunity to get some of the fees refunded, but she doesn't know what Council would have decided. Councilmember Harnik commented the nature of everyone and the team of Palm Desert is to do everything they can to get a case/project through the process, because twice in 15 years isn't too bad. Mayor Jonathan stated that if these types of situations turn into a more frequent issue, Council can always agree to modify the resolution and add a penalty clause. 19 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 Councilmember Kelly moved to waive further reading and adopt Resolution No. 2018 - 28, as amended by deleting the last paragraph relating to the 20% penalty. Motion was seconded by Harnik. Councilmember Harnik wanted to make sure that the AIPP Commissioners, who are volunteers, understand Council appreciates the work they did in the last case, because she knew it had to be frustrating. Mayor Pro Tem Weber responding to comment about debating the case all over again, stated that when an issue comes up that pauses the Commission to spend three of their meetings discussing it and going before the City Council, it became apparent that something had to be added to give the Resolution more bite to get people's attention. She heard what the Mayor said about waiting to see if it happens again, but she wasn't sure she wanted to go through it again. She reiterated the Commission gave this a lot of thought, so she was willing to say up to a 20% penalty and somewhere down the road define what is too much time to be spent on a case. Additionally, she felt the Commissioners were disrespected during the process, because the case was egregious, it was in the news, and she didn't want Commissioners treated that way. Mayor Jonathan called for the vote and the motion carried by a 3-2 vote (AYES: Harnik, Kelly, and Jonathan; NOES: Nestande and Weber). XV. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1337 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE APPLICATION TO REZONE APPROXIMATELY 30 ACRES FORMERLY OPERATED AS THE_ PALM DESERT COUNTRY CLUB EXECUTIVE COURSE LOCATED AT 77200 CALIFORNIA DRIVE, Case No. CZ 16-280 (Christopher McFadden/McFadden Architects, Applicant). Mr. Stendell noted this was the second reading for adoption of the Ordinance relating to the Palm Desert Country Club, which was heard at the last regularly scheduled City Council meeting. MS. LISA THEODORATUS, Utah, Palm Desert, stated that at the May 10, City Council meeting after the public comments were closed, 20 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 Mr. Stendell spoke of a proposal that was turned down by the homeowners of Palm Desert Country Club (PDCC) for a maintenance of a 15-foot section adjoining each open -space lot. She personally only heard about that proposal after it had been killed and believed many had no idea it was even being proposed. She asked for dialogue to be reopened and homeowners be given a chance to make an offer to purchase the property at open -space value. She said Area C is protected by the Declaration of Restrictions and County Variance 409, and it will be defended. As to the new open -space residential zoning category, she understands it doesn't yet exist and will take until mid July to complete this process. To approve the Change of Zone to R2 this evening would be a reckless act, because if the Applicant already has the zone changed, he would be less inclined to agree to any concessions as discussed at the last meeting. There is also the real possibility that this project has been sold to another party who could request that the R2 Zoning not be changed and a different precise plan be adopted. The City has no guarantee that the 18-hole course will be maintained or even remain open. Currently, many of the desert scape areas are left improperly maintained, questioning if it meant the owners were already not making enough money to retain the 18-hole course and shortly after entitlements it will shut down. With only 9 of the 18-holes protected by a Declaration of Restrictions, will this community be back at City Hall next year for yet another infill. She requested that no zone changes be made until the new residential zoning is finalized and that the City examines the financial viability of the golf course owner to keep the 18-hole course open. She said the homeowners of this community have been through a lot and Council not to fail them. She asked if there was an expiration date for the precise plan. Mr. Stendell replied the precise plan is good for one year in the Conditions of Approval, at which time, any developer is free to request any extensions, which the City is usually granting of those exceptions. MS. BARBARA POWERS, Kentucky Avenue, Palm Desert, requested a continuance. She would like to have the open -space Ordinance worded correctly if the City Council was going to approve it. Secondly, the Open -Space Action Committee was not going to pursue the park situation where they were going to ask the owner of the golf course for his financial statements and how much it cost to maintain the course. However, in the last couple of weeks she received more calls on the bond issue from various residents who are interested in doing a survey, and they would like to have the City involved by putting it on City stationary, adding she would pay for the postage. They also would like to obtain current mailing labels, because there are residents that haven't received anything. She said the City can 21 PRELIMINARY MINUTES a � REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 put a disclaimer on the letter if the City agrees to put it on their letterhead. To be fair, she would like the survey to be returned to the City so that everyone sees it's legitimate. She said they would be asking residents if they would be willing to pay as much as $100.00 a month. If they say no, it will end that part of the project. Mayor Pro Tem Weber stated that when people say they have never received any of the mailings, she asked if staff has ever verified it. Mr. Stendell explained the City receives mailing notices that are certified as correct from a title company, stating staff doesn't just grab a phone book to get names and addresses. He confirmed the Planning Department gets those title reports driven labels, but couldn't speak to the accuracy of the postal service or people checking their mail. Councilmember Kelly stated that at the last meeting she urged staff to move ahead and instructed staff to develop the new Open -Space Residential category expeditiously, and at that time make the conversion from R2 to Open -Space Residential. She also recalled Mayor Pro Tem Weber questioning if it was sensible to put an R2 into effect on a very temporary basis. To be utterly frank, she went home and thought more about it and decided she had misgivings about putting a zoning characterization in place that Council doesn't really think is right for that property. What Council has said is that it wants to develop a new zone that's right for it, so she is feeling this evening that it should take whatever procedure is necessary to put this issue on advance until the new Open -Space Zone works its way through the process and comes back to the City Council. As the speakers have pointed out, this property is a rather unique situation where there have been many dashed hopes in the past and a long history of procedures that didn't proceed in a model way.. Therefore, her own conclusion is that it should take the time necessary to assure there is no glitch now. Mayor Jonathan disagreed for two reasons. First, it's unnecessary, and extremely unfair to the Applicant who has gone through' this process for years, and the case is now at the second reading. Additionally, to bring up further delay until the City changes the zoning is unfair to the applicant. It's unnecessary to delay because the parcels have specific entitlement, and at this point, it doesn't matter what the zoning is. He said the property can be sold and the zoning won't impact it, because it has a specific entitlement. Further, if the property is sold, the new owner can only develop that property in the way City Council approves it, however, before that entitlement expires, the new zoning will be in place. Therefore, if a new owner or the current Applicant wishes to change their mind, it would only be 22 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 after the City changes the zoning, which is why it's unnecessary to delay at this point. Councilmember Nestande concurred. Councilmember Harnik agreed the new zoning could be back to the City Council in a timely fashion, but Council may request changes, which could delay that process. Based on the history of issues and the high-level of distrust, in the abundance of caution she would agree to a postponement. She pointed out she voted against the last time, because she was uncomfortable throwing something in that was uncertain, and her discomfort remains. Therefore, she would support waiting until the rezoning is complete, so Council was sure of what it wants. Mayor Jonathan asked his colleagues to focus on the impact of what a delay would have and what additional level of protection would it provide to ensure this parcel is not developed in the way Council approved, because his interpretation is that its zero. There would be zero impact in delaying this Ordinance, and it would not add to the City's sense of security or a level of assurance that this project would be developed as intended. There is a specific approval on the property and if it's approved on the second reading, that's all that can be developed there by the current Applicant or someone else. Another developer would have to start all over again in its entirety through staff, Architectural Review Commission, Planning Commission, and eventually to the City Council to do anything different from what's been approved. He reiterated that postponing the change of zone has zero impact. Councilmember Kelly asked staff how quickly the new zone can get back to the City Council. Mr. Stendell replied staff actually has a draft that's being routed in-house and scheduled for the Planning Commission in June with first reading before the City Council at the second meeting of August. Mayor Jonathan asked that if the Ordinance was approved this evening, can any change take place between now and when the zoning is changed. Mr. Stendell answered no. Further responding, he confirmed the property could be sold before the new zoning returns to the City Council. 23 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 Councilmember Kelly is concerned that if there is a new purchaser who indicates they bought the property in reliance of it being zoned R2, of course Council retains its autonomy on any alternative project that may be proposed, but it would be difficult and awkward when that purchaser has gained the property when it's zoned R2, and Council is trying to go backwards with a characterization with less density. She is mindful of the fact that the City's track record with this property is simply not optimal. There was a time when residents were assured devices would be used to protect the open -space character of the property and those devices turned out to be inapplicable and could not be used, which is just one example. She added that hopes have been created that have been dashed, and in the face of that history, she would prefer to have complete comfort that this Council is doing things in the right order and assuring the zoning matches what it has decided is appropriate for that property. Mayor Jonathan asked the City Attorney that if a change in ownership happened prior to the time Council changed the zone, if it elected to do so, does the City's authority to implement the Change of Zone diminish in any way by change of ownership. Mr. Hargreaves said it didn't, assuming the new owner does any kind of due diligence, the record is clear about the intent of the City, and they wouldn't have the kind of investment or expectation that might cause an impediment to changing the zone for instance. Conceivably, something could go wrong, but practically speaking, he didn't see this as a substantial concern. Mayor Jonathan said staff and legal counsel has said nothing can be developed that hasn't been approved by the City Council, and that the City's authority is undiminished with a change of ownership. Councilmember Kelly clarified she didn't question the legal ability to do it, just the equities. Councilmember Nestande moved to waive further reading and adopt Ordinance No. 1337. Motion was seconded by Weber and carried by a 3-2 vote (AYES: Jonathan, Nestande, and Weber; NOES: Harnik and Kelly). Mayor Jonathan said staff will proceed with the Change of Zone as expeditiously as possible. Councilmember Kelly noted Ms. Powers asked for City staff help in the event she wants to conduct a poll, asking if staff could explore whether there is any help they can permissively provide. Adding in the same way it often asks staff to follow-up with speakers. 24 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 Mayor Jonathan stated he was hesitant to enter into discussion on a non -agenda item, and he has a perspective on that issue, but he wasn't free to discuss. Ms. Aylaian offered that staff will continue to assist any resident who comes to the City with issues they would like help on. 2. ORDINANCE NO. 1338 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO PALM DESERT MUNICIPAL CODE CHAPTER 5.10 - SHORT-TERM RENTALS - IN REGARD TO TERMINATION AND AMORTIZATION OF SHORT-TERM RENTALS WITHIN THE CITY IN R-1 AND R-2 ZONES. Mr. Stendell noted this was the second reading of Ordinance No. 1338, which was heard at the last City Council meeting regarding setting up hardship policy for short-term rentals. Councilmember Kelly move to waive further reading and adopt Ordinance No. 1338. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). XVI. NEW BUSINESS With City Council concurrence, Mayor Jonathan suspended the agenda at this point and took up added item I. Please see that portion of the minutes for discussion and action. Afterward, he immediately resumed the regular order, as follows. A. REQUEST FOR DIRECTION RELATIVE TO THE DESERT HEALTHCARE DISTRICT'S EASTERN COACHELLA VALLEY EXPANSION PLAN (LOCAL AGENCY FORMATION COMMISSION [LAFCO] NO. 2017-02-4). Ms. Aylaian recommended a continuance, because the principal party was not available to be present this evening and requested the item be delayed. Councilmember Kelly moved to, by Minute Motion, continue the item to the meeting of June 28, 2018. Motion was seconded by Harnik and carried by a 5-0 vote. 25 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 B. REQUEST FOR ADOPTION OF RESOLUTIONS, APPROVING EXECUTION OF THE ASSIGNMENT OF THE SUCCESSOR AGENCY'S INTERESTS AND OBLIGATIONS UNDER A COOPERATIVE AGREEMENT AND RELATED DOCUMENTS FOR THE SHERIFF STATION PROPERTY ON GERALD FORD DRIVE, AND TAKING OTHER RELATED ACTIONS (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Senior Management Analyst Veronica Tapia noted the City/Agency is in the midst of winding down the former Redevelopment Agency, and this is one of the items required to be considered. The Agency contributed land to the development of the Sheriff's Station in the north sphere in 2008, and along with it were agreements drawn that have obligations, rights, and interest, which remain today. Staff recommends those agreements be assigned to the City, including the interest, in order for the City to continue to monitor the agreements. One of them is the covenant with the Sheriff, in that as long as they are under contract, it remains at that station. She said this item will go before the Oversight Board on June 4, and then to the Department of Finance (DOF) for consideration as well. Councilmember/Director Harnik moved to waive further reading and adopt City Council Resolution No. 2018 - 29 and Successor Agency Resolution No. SA -RDA 071, approving execution of the assignment of the Successor Agency's obligations, rights, and interests under a Cooperative Agreement and related documents for the Sheriff Station property on Gerald Ford Drive (Contract No. C27980), and taking other related actions. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). C. REQUEST FOR ADOPTION OF RESOLUTIONS, APPROVING EXECUTION OF THE ASSIGNMENT OF THE SUCCESSOR AGENCY'S INTERESTS AND OBLIGATIONS UNDER A DISPOSITION AND DEVELOPMENT AGREEMENT AND RELATED DOCUMENTS FOR THE McCALLUM THEATRE PROPERTY, AND TAKING OTHER RELATED ACTIONS (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Senior Management Analyst Veronica Tapia noted this was similar to the last item on the agenda. This obligation comes with the interest that the Agency took in the McCallum Theatre as an economic driver in 2001. There were agreements, leases, and subleases that were drawn where the City wants to retain the interest. Staff requested the agreements be assigned to the City. Secondly, staff is asking the City to pay $50 for the assignment, because there was a lease associated with it, and that money would be sent to the County and then distributed to the taxing entities. This item will go before the Oversight Board and the Department of Finance (DOF) for consideration. 26 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 Councilmember/Director Harnik moved to: 1)Waive further reading and adopt City Council Resolution No. 2018 - 30 and Successor Agency Resolution No. SA -RDA 072, approving execution of the assignment of the Successor Agency's obligations, rights, and interests under a Disposition and Development Agreement, a Lease, Sublease, and other documents relating to the McCallum Theatre property from the Successor Agency to the City of Palm Desert; 2) by Minute Motion, authorize payment from the City to the Successor Agency in the amount of $50 in consideration of the assignment. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, and Weber; NOES: None). D. REQUEST FOR APPROVAL OF A THREE-YEAR CONTRACT FOR CITY FACILITIES JANITORIAL SERVICES TO DEDICATED BUILDING SERVICES, LLC, FOR THE ANNUAL AMOUNT OF $264,300 (CONTRACT NO. C36780, PROJECT NO. 771-19). Facilities Maintenance Manager Carlos Hernandez stated the proposed contract is for janitorial services for City -owned facilities. Councilmember Harnik moved to, by Minute Motion: 1) Award the subject three-year contract for City Facilities Janitorial Services to Dedicated Building Services, LLC, Studio City, California, for the annual amount of $264,300; 2) authorize City Manager to execute the contract — funds are available in Account Nos. 1104330-4331000 - R/M Buildings, 1104340-4332600 - R/M Janitorial, 5104195-4369601 - CAM-BLDG #444 Parkview, and 5104195-4369800 - Henderson Building. Motion was seconded by Kelly. Mayor Jonathan noted this was an increase from $178,000 to $264,000 where staff went out to bid and received only one response, which is from the current provider. He would like staff to go out to bid one more time, because the increase appears to be well beyond the reasoning Council hears repeatedly, which is that it's due to the minimum wage increase. Before the City increases the cost of services by 40%, he would like to go out to bid one more time. Councilmember Nestande concurred. Mayor Pro Tem Weber questioned why there was only one bid received this time, if there were multiple bidders the last time around. Mr. Hernandez responded there were two additional companies that came to the job site for the mandatory walk through, but the City only received one bid out of the potential three. Councilmember Kelly noticed the final extension is expiring June 30, so there needs to be a plan in place by July 1. She asked if staff was satisfied that the increase was justified and not only based on minimum wages, but other related costs as well. 27 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 Mr. Hernandez said that was correct. Ms. Aylaian added there were additional services included in the bid this time, so that there is more frequent window cleaning, floor treatments in the interior, and it also involved consolidating two contracts into one. Responding to question, Mayor Jonathan said the extra duties didn't persuade him in that from a transparency and fiduciary standpoint, before hiring the same provider at a significant increase, he believed the City should give it one more shot. It could be the City will get other bidders that will be higher, but he for one, would feel better knowing it gave it that added attempt, even if it ended up with the same provider at the same price. Councilmember Nestande asked if it was possible for staff to get other companies to do a walk through. Mr. Hernandez explained the City followed the bidding process, advertised it, and provided notices to local providers, and this was the result. Councilmembe Harnik pointed out staff reviewed the only bid received, and minimum wage increases will be a factor for the next three years, including Federal Unemployment, Workers Compensation, General Liability Rate, and new sick leave requirements. She would imagine the largest increase in cost was to the added quarterly window cleaning and floor care, and staff found the increase to be justifiable. She asked if staff was happy with the current company. Ms. Hernandez answered yes. Councilmember Harnik said it cost money and time to go out to bid again, and she didn't know that was justifiable. Mayor Jonathan called for the vote and the motion carried by a 3-2 vote (AYES: Harnik, Kelly, and Weber; NOES: Nestande and Jonathan). E. REQUEST FOR APPROVAL OF A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL, AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF PALM DESERT (CONTRACT NO. C37050). Mr. Aryan stated the City currently contracts with Riverside County to serve as its Fire Department, and the current agreement with the County is set to expire on June 30, 2018. Staff recommends approval of the new contract with a three-year term from July 1, 2018, through June 30, 2021. The primary change over the previous one is a new section in the Exhibit that deals with Fire Marshal services. Staff and City Attorney met with County 28 PRELIMINARY MINUTES -� REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 Counsel to incorporate minor changes to the language, which they approved. The Cooperative Agreement incorporates Fiscal Year 2018-2019 Fire Department Budget, which is approximately $12.9 million. However, the City Council is not being asked to approve that amount this evening, and it will be brought back for consideration when the budget is being considered in June. Councilmember Kelly asked about Exhibit C where it states, "The annual cost for this service is calculated at 1/20 of the replacement cost." She asked if that was in reference to the County's maintenance of the fire engines, which is talked about at the top of the page. Mr. Aryan believed it was about the replacement of the vehicle as well as maintenance. Chief Cortez explained that the service year for fire units is 20 years, so every year the City will pay 1/20 of the cost. The City pays to the County for the maintenance, which is part of the contract. He added that every 20 years the County will purchase a new fire engine and place the old one into reserves. Councilmember Harnik moved to, by Minute Motion, approve the subject Cooperative Agreement to provide Fire Protection, Fire Prevention, Rescue, Fire Marshal, and Medical Emergency Services for the City of Palm Desert, as approved to final form by the City Attorney. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). With City Council concurrence, a recess was observed from 6:06 p.m. - 6:18 p.m. F. REQUEST FOR APPROVAL OF CONTRACT WITH FG CREATIVE, INC., FOR ADVERTISING SERVICES FOR THE EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT (CONTRACT NO. C37060). Tourism & Marketing Manager Thomas Soule noted the staff report and offered to answer questions. Councilmember Nestande questioned why two of the board members voted No on this item. Mr. Soule replied there was a great deal of discussion during this process and several of the board members felt like they wanted to move in a new direction, and the majority wanted to continue with the same agency. The main thing was that they wanted a new agency, because FG Creative has had the contract for quite a while and some felt it was time for a change. 29 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 Mayor Jonathan asked staff if they were comfortable with the outcome given the two dissensions of the Committee. Mr. Soule said he was, because he was part of the discussion. The two people that voted against used their votes to help steer the direction that FG Creative will be taking in the coming year. They also reinforced the importance they felt about bringing freshness to the account and considering new ideas moving forward; overall he agreed with them. Councilmember Kelly stated the "See and Do" page caught her attention. She asked if that was part of the existing approach or something suggested for the future, because that in particular seemed very responsive to the wisdom that people are looking for something experiential in shopping. Ms. Soule replied it's something they are proposing for the future. He said FG Creative also sensed the desire for new directions, so in their proposal they were trying to bring that perspective. He said they had great discussion about El Paseo in general and they spoke about that experiential shopping. Councilmember Harnik said she heard the discussion and great ideas were shared, but she had to leave prior to the vote taking place. Councilmember Harnik moved to, by Minute Motion: 1) Approve the award of subject contract to FG Creative, Inc., Palm Desert, California, in the amount of $235,000 that includes $24,000 for advertising consulting services for the El Paseo Business Improvement District and a reimbursement in an amount not to exceed $211,000 for advertising production; 2) authorize 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. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). G. REQUEST FOR APPROVAL OF CONCEPTUAL ARCHITECTURAL RENDERINGS AND THE EXPANDED SCOPE FOR THE PARKVIEW BUILDING RENOVATION PROJECT, INCLUDING AMENDMENT TO JMA ARCHITECTURE'S CONTRACT FOR ARCHITECTURAL, LANDSCAPE ARCHITECTURAL, AND STRUCTURAL ENGINEERING SERVICES FOR THE PROJECT IN AN AMOUNT NOT TO EXCEED $34,850 (CONTRACT NO. C37070, PROJECT NO. 726-17). Senior Engineer Joel Montalvo noted the staff report and offered to answer questions. Mayor Jonathan recalled the project was scaled up from $250,000 to $1.5 million. 30 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 Ms. Montalvo replied the original contract was for the architect for $22,500 based on approximate improvements of $225,000. However, when the architect starting working on the project and conducted a survey of the tenants, the project grew from the original intent of the contract. The contract grew to include landscaping, courtyard area, relocation of the carport, and outside facade enhancements. Therefore, the actual cost of the project grew to $1.5 million. Mayor Jonathan understands the original scope of work originally envision totaled $250,000, but it changed into something that now cost as much as $1.5 million. Councilmember Kelly believed this was the first time she participated in something at this particular stage. She asked what it meant to approve initial architectural renderings in the context where it hasn't gone through Architectural Review. In other words, what is she really being asked to think about. Mr. Montalvo replied the intent is to show Council the Architect's vision of the new construction. This project was brought forward by the previous City Manager and Assistant City Manager, and he's not sure if the City Council got an opportunity to see the renderings. Again, staff is bringing this item forward to show Council the Architect's intent with the project. The Architect will then develop further renderings to go before the ARC. Councilmember Kelly asked if the dark parts in the renderings represented additions to the current building. Mr. Montalvo said the Architect wants to extend portions of the building out to provide shade to the occupants and/or lessen the glare of those windows that are in front. He added that a lot of the protrusion is existing, but the ones held up by a red bowl in the Exhibit is where the Architect intends to bring out shade. Councilmember Harnik explained this project came about when the City was thinking about investing in its investment, and Parkview is a great building at a great location. When they first started discussing it, they were considering painting it to give it depth and life, but then after the survey, it was evident there were a lot of issues that needed improvements. In addressing the glare problem, they discussed adding covers referred to "eye lashes" above the windows to create shade, and there was also discussion about the landscaping because it was overgrown and it needed some love. The project has come a long way from what was first thought, and it's looking wonderful. 31 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 Mayor Jonathan endorses the concept of moving forward on a larger scale, however, he felt Council needed to hit the restart button, because the current architectural firm was engaged to do a $250,000 cosmetic job and now it's a major rehab to the tune of $1.5 million. He believed Council owed it to the project and residents to go out to bid, giving other architectural firms an opportunity to bid on what is now a completely different contract. Mayor Jonathan moved to, by Minute Motion, continue the matter to go out for Request for Proposals. Councilmember Nestande noted as an example that Prest Vuksic didn't have the opportunity to bid on a $1.2 million project. Mr. Montalvo clarified staff was not talking about a bid, but rather proposals. Councilmember Harnik seconded the motion. Councilmember Harnik recalled the City Council already approved the additional funding on this and the Architect has already done work. Mayor Jonathan reiterated he was in favor of moving forward with the project, but it is not the project that went out for a proposal, so from a procedure standpoint, it would be appropriate to go out for new proposals given this is a completely different one. Councilmember Kelly said it had some appeal, but wondered if it would create any logistical issues. Ms. Aylaian offered staff struggled with the same issue and whether it constituted looking for additional proposals, and staff solicited a couple and only received one other. From a cost standpoint, the other proposal was more expensive, but because this is architectural service, you don't bid it. The other problem staff ran into is a 10/90 problem, wherein, if the City were to start over in its selection process, the existing architect would not be a viable candidate and excluded by the 10/90 rule. When staff looked at it more closely, this wasn't so much a significant change in scope as it was that staff really underestimated what the cost of the work would be. Although there was additional scope of work added, the original estimate of $250,000 was a very naive number. The current Architect came on board, flushed out some of the original ideas and did a survey to get more information from the building occupants and identified some new things. She said her recommendation was not that the scope of work was significantly different, but that staff badly estimated the cost in the first place when it brought the architect on board. Based upon that, she was comfortable recommending continuing to work with this architect at the correct dollar value for the project with a modified scope and not further consider the other proposal, adding 32 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 that between the two proposals the current one was the more qualified candidate. Mayor Jonathan stated that was an informal proposal and he talked to a couple of other architectural firms that were completely unaware that the scope of this project had changed. He heard what the City Manager just stated, but he completely disagreed. In his opinion, this was not a modest adjustment to an existing project. If this was a $250,000 project going up to $400,000 he might agree, but this was going up to $1.5 million, which was a six -fold increase. He said Council owed it to the residents to ensure that money is spent wisely, but also getting the very best for that investment, and this process doesn't give him that comfort level. He didn't think there was an obstacle that is significant that couldn't be overcome, because the building has been sitting there and it will continue to function, and if it takes another couple of months to gain assurances to end up with the best possible product at the best possible price, the additional wait is worthwhile. Mayor Pro Tem Weber asked if the other proposer know about the $1.2 million or were they bidding on the $250,000 scope of work. Also, on the 10/90 problem, is there another way it can be resolved under the circumstances since the scope has changed drastically that it's technically a new project. Mr. Montalvo replied the second proposal knew about the $1.2 million. He would defer to the City Attorney to respond on the 10/90 issue, but he didn't think the City could overcome the obstacle if it went out for Request for Proposal process. Mr. Hargreaves said he hasn't looked at it closely enough at this point, and it's a complicated issue where he would need to examine the context and the scope. This 10/90 aspect is something relatively new. Councilmember Harnik moved to amend, by Minute Motion, continue the item to June 14, 2018. Motion was seconded by Kelly. Mayor Jonathan requested staff take a fresh look at the possibility and wisdom of going out for a new Request for Proposal given the discussion that has taken place and perhaps incorporate those conclusion into the staff report. Mayor Jonathan called for the vote and the motion carried by a 5-0 vote. 33 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 H. REQUEST FOR APPROVAL OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) JOINT RECIPIENT COOPERATIVE AGREEMENT WITH COUNTY OF RIVERSIDE FOR FISCAL YEARS 2019-2020 AND 2020-2021 (CONTRACT NO. C37080). Administrative Secretary Niamh Ortega noted the request to approve the Community Development Block Grant (CDBG) Joint Recipient Cooperative Agreement. This Agreement would authorize the City of Palm Desert participation in the County of Riverside Urban County Program. This will begin Fiscal Year 2019-2020. She noted Mr. John Thurman from the County of Riverside was available to answer questions. Mayor Jonathan noticed the recent allocations are $354,000 and it cost $175,000 to $250,000 to administer, so one of the purposes was to reduce the administrative burden in order for the net amount going out is greater. Ms. Ortega answered yes. Further responding, she confirmed the City will retain oversight. She said the City will still be responsible for the public hearing process, receipt of the applications, review, and consideration of award to various agencies. Mayor Jonathan commented it was a win -win. Councilmember Kelly thanked staff for identifying this approach. Councilmember Harnik moved to: 1) Waive further reading and adopt Resolution No. 2018 - 31, authorizing participation in the County of Riverside's Urban County Program for Fiscal Years 2019-2020 and 2020-2021; 2) by Minute Motion, authorize: a) City Attorney to finalize the Joint Recipient Cooperation Agreement with County of Riverside; b) City Manager to execute the Joint Recipient Cooperation Agreement with County of Riverside, allowing the City to participate in the Urban County Consolidated Planning Program, and taking any other actions necessary to effectuate the actions taken herewith. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). Ms. Aylaian thanked Ms. Ortega for her work, stating this is the first time she's reported to the City Council. She adding that the CDBG bureaucracy is quite complicated and Ms. Ortega spent a lot of time researching and boiled down a very complex issue to something that made a strong recommendation to the City Council. 34 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 NOTE: ITEM I WAS ADDED TO THE AGENDA BY 5-0 VOTE EARLIER IN THE MEETING (SECTION XI - A2). I. REQUEST FOR APPOINTMENT OF A CITY OF PALM DESERT REPRESENTATIVE TO THE JOSLYN CENTER BOARD OF DIRECTORS VACANCY. Ms. Aylaian noted this was a recommendation by staff that an appointment is made to an existing vacancy on the Joslyn Center Board of Directors. The Joslyn Center serves three Cove Communities, Palm Desert, Rancho Mirage, and Indian Wells, and each of three cities is entitled to appoint one member to the Board of Directors. The last member appointed by the City Council was Kathleen Kelly before she was elected to the City Council. Since then, the seat has been vacant, because she can't serve on both bodies. The Joslyn Center Board has identified a need to begin a strategic planning process in the immediate future and they would like that vacancy filled for that purpose. The City maintains an ongoing list of people who have expressed interest and filled out an application to serve on the City's committee and commissions, and at this time the City has two applications from people who are interested in serving on the Joslyn Board. One of them is an individual who subsequent to submitting her application was appointed to another board on the Public Safety Commission. The second one is from Margaret Leo who recently submitted an application for this vacancy. Staff recommends the City Council appoint its designee for this vacancy, because it's important for the future of the Joslyn Center, which is a vital part of the community to have the City's full involvement in their strategic planning process. Councilmember Harnik said she has been at the Joslyn Center for a myriad of reasons and has seen Ms. Leo volunteering. She believes Ms. Leo would be an outstanding asset to that strategic process, because what she brings to the Joslyn Center is exemplary. Councilmember Harnik moved to, by Minute Motion, appointed Ms. Margaret (Peggy) Leo as the City of Palm Desert's representative on the Joslyn Center Board of Directors for a term to June 30, 2019, to fill the vacancy occurring with Kathleen Kelly's election to the Palm Desert City Council in November 2016. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). Ms. Klassen noted this term expires in June 2019, stating their membership is on the fiscal year. 35 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2018 XVII. CONTINUED BUSINESS None XVIII. OLD BUSINESS None XIX. PUBLIC HEARINGS None XX. ADJOURNMENT With City Council concurrence, Mayor Jonathan adjourned the meeting to Closed Session at 7:30 p.m. The meeting was reconvened at 8:15 p.m. and immediately adjourned, with no reportable action from the Closed Session. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SABBY JONATHAN, MAYOR 36