HomeMy WebLinkAboutPrelim - CC - 07-12-2018DRAFT
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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 12, 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 3:04 p.m.
II. ROLL CALL
Present:
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
Stephen Y. Aryan, Risk Manager
Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Andy Martinez, Admin. Sgt., Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Rocha, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
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IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
DRAFT
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: NWC Highway 111/San Pablo Avenue
(APNs 627-096-004, -015, -016, and -019)
Negotiating Parties:
Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert
Property Owner: Village Complex LTD Partnership
Under Negotiation: x Price x Terms of Payment
2) Property: Desert Willow Mountainview Golf Course Hole No. 16
(APN 620-420-016)
Negotiating Parties:
Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert
Property Owner: City of Palm Desert
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
Number of potential cases: 2
With City Council concurrence, Mayor Jonathan adjourned the meeting to Closed
Session of the City Council at 3:06 p.m. He reconvened the meeting at 4:03 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Mayor Sabby Jonathan called upon
Mr. Gary Lueders, a Vietnam Veteran, to lead the Pledge of Allegiance.
VII. INVOCATION - Councilmember Jan C. Harnik
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VIII. AWARDS AND PRESENTATIONS
DAF`,.
A. PRESENTATION TO RECOGNIZE J. WADE TUCKER FOR HIS SERVICE
TO THE CITY OF PALM DESERT, PALM DESERT HOUSING AUTHORITY,
AND THE HOUSING COMMISSION, 2008 - 2018.
On behalf of the entire City Council, Major Jonathan presented an engraved
crystal clock to Mr. Tucker, honoring his 10 years of service to the City and
its Housing Commission.
Mr. Tucker graciously accepted the recognition, noting that in ten years he
only missed one meeting. He said he was truly grateful for the opportunity
to serve, adding he recently turned 90, and it was time to resign from the
Commission.
IX. ORAL COMMUNICATIONS - B
MR. CARLOS PINEDA, Palm Desert, CA, approached the City Council to request
that the City of Palm Desert join the cities of Cathedral City and Palm Springs in
adopting a resolution to end the separation of immigrant families that the Zero
Tolerance Policy has created. He claimed to lead his life by respect, integrity, and
dignity, stating these are the traits he expects from elected officials. He said the
Mayor demanded respect from the people in the Council Chambers, yet he lacked
in offering it. As an example, in the last primary election, the voters received
mailers that certainly didn't show any respect to anyone. He said the Zero
Tolerance Immigration Policy continues to be a disaster, because there was never
a plan on how to implement it, and in speaking to people on both sides of the issue,
the majority agrees children didn't have to be put through unnecessary trauma.
Medical experts have warned this could lead to irreparable damage to the children
in the long term. Thank goodness for the ACLU (Americans Civil Liberties Union)
for advocating for immigrant family rights. Now that there is a ruling Federal Judge,
the current Administration will have a lot to answer. Although many on the Council
may feel this is not their problem, many state officials, state attorneys, mayors, and
U.S. Congress members have publicly come out to denounce this atrocious policy,
but he has yet to hear from Palm Desert Councilmembers. He said they will not be
silent on issues that involve children whether they are here legally or illegally,
because the law is to report any abuse on children, and why should this be any
different. Many have reported and described how children have been in detentions
centers and kept in cages like in a dog kennel. He said this Administrations has no
integrity and thank goodness for the many religious leaders who have spoken up.
MR. EDWARD HOLZHAUER, Palm Desert, CA, requested the City Council adopt
a resolution to address the separation of families that have occurred at the borders.
He said Palm Desert should join other Coachella Valley cities and send a message
to the current Administration that no human being seeking safety should have to be
separated from their family members, placed in a cage, or herd like cattle across the
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Country. This is not a republican or democrat issue, it's a matter of humanity. He
said history will look at these times, and this Council will be judged on actions taken
to address these issues. He will bring light to the issue and hopes this Council will
stand on the side of humanity and adopt a resolution of condemnation of the
Administration's immigration policies by saying no to terror being placed on human
beings. Many people on the other side of this issue have told him that if he was to
break the law, he would be separated from his children. This argument is correct,
however, the government would not lock up his children. At last month's Coffee
with the Mayor, which was a one -hour long meeting, eight minutes was allowed for
questions. During this time a citizen raised a question about homelessness, and the
Mayor praised the City on its policy and what it's doing, especially those outside the
99-cent store. You also responded, "Do not feel bad for them and don't give them
five dollars as that's their next hit of crack." He didn't know what the Mayor's
understanding is about drug use and why people are homeless, and that comment
was unwarranted. Because the Mayor credits staff for getting things done, he asked
that City staff put together a resolution condemning the Trump Administration on his
immigration policy so that this Council can sign it. He added that how one speaks
and takes action is what others see, stating the Country's humanity and core values
were at stake.
X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
1. Independence Dav - Fourth of July Celebration - thanked the City of
Indian Well's for helping fund the event. She said this was the largest
crowd compared to previous years, and it was nice to see all the
families from the region come together. She also thanked staff for all
the work they did in making it great.
Councilmember Kelly expressed her appreciation to all City staff and
volunteers who put so much extra effort to make the Fourth of July a
special occasion. It's truly a day of regional importance that Palm
Desert supports through its celebration.
Mayor Jonathan added the event exceeded expectations, in terms of
the quantity of people attending, but the quality of the fireworks,
stating it was inspiring. More important, the event went off without a
hitch, and that's thanks in large part to Management Analyst Amy
Lawrence and other staff. He said these events do not happen by
accident, they happen as a result of talented and dedicated staff that
Palm Desert is blessed with having.
2. Riverside County Transportation Commission (RCTC) - reported they
discussed and explored ways of filling in the funding gaps if SB-1
(Gas Tax) is recalled.
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3. Nine Cities Challenge - encouraged everyone to donate blood and
save lives. She said Palm Desert's event was held last Saturday
where there was a great turnout. However, the Challenge is not over,
it ends July 31. You can go over to the La Quinta Live Stream Center
to donate blood and ask that it be credited to Palm Desert.
B. Councilmember Kathleen Kelly Committee Reports and General Comments.
None
C. Councilmember Gina Nestande Committee Reports and General Comments.
She welcomed everyone to the July 12th Summer City Council meeting. She
reported that since the last meeting, she had the opportunity to communicate
or meet with many constituents, which is the reason she serves on the City
Council. She has availed herself to hear concerns on issues concerning the
CV Link, Desert Willow golf, or neighbors about landscape issues. She
encourages residents to call City Hall or go online to obtain her contact
information to make an appointment with her.
D. Mavor Pro Tem Susan Marie Weber Biweekly Meeting Summaries Report.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
1. League of Cities Conference for Mavors and Councilmembers - she
was disappointed to miss the last City Council meeting, but she
attended this three-day conference that was packed with workshops
addressing issues pertaining to cities all over California.
E. Mavor Sabbv Jonathan Committee Reports and General Comments.
1. Palm Desert Chamber of Commerce Board of Directors Meeting - as
the City's representative on the Board, he attended the Annual
Retreat. He announced that the new CEO of the Chamber is Mr. Todd
Rhoden, stating he was selected from over 400 applicants. The Board
has great hopes and expectation for his and the Chamber's success.
F. City Council Requests for Action.
None
G. City Council Consideration of Travel Requests/Reports.
None
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XI. STAFF REPORTS AND REMARKS
A. City Manager
1. City Manager's Meeting Summaries Report for the Period of
June 18-29, 2018.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
1.a
Fourth of July Celebration - was under the naive assumption that staff
volunteered to work on the 4th of July, but it turns out that the City of
Palm Desert only has a finite number of staff members, particularly
coming from the Corp. Yard. Therefore, each one of them is strongly
encouraged to volunteer, and every year they spend their 4th of July
away from their family to be at the Civic Center, and she thanked
them for it.
1.b Personnel Updates: announced Building Permit Specialist
Cherie Williams will be leaving the City to move with her family to
Reno where she will pursue her career. She recalled Cherie starting
out with the City as an intern. She also congratulated Receptionist
Ann Avery on her retirement, stating she started out at the Visitor
Center and has been the receptionist for a number of years. She will
be retiring as of August 3, and she wished her well.
2. Request for Appointment of Two (2) City Councilmembers for the
Ad Hoc Economic Development Subcommittee - Palm Desert iHub.
Ms. Aylaian stated that during the formation of committees and
commission there was discussion about the City's priorities for the
year. At that time, Council identified that on economic development
issues, they would like an advisory committee with specific people for
each type of issue, and one of the big ones was the iHub. Therefore,
she is looking for one or two volunteers from the City Council who
would like to meet with staff over the next couple of months regarding
the iHub that will then come before the Council as a whole.
Mayor Jonathan said he was confused, because he thought the Ad
Hoc Committee was already populated, recalling he and
Councilmember Kelly were on it.
Ms. Aylaian replied it was her understanding there was discussion
about it, and there was interest, but all of the issues haven't been
identified for economic development for which there will be a
subcommittee.
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Ms. Klassen recalled Mayor Jonathan and Councilmember Kelly
offered to serve in that capacity as needed, but the discussion
reflected that as different issues come up, there may be people with
specific expertise or experience that may be beneficial to serve on the
subcommittee, and staff would deal with it as it came.
Councilmember Kelly expressed she was eager to serve if the
opportunity existed.
Councilmember Harnik offered this is something they are doing with
the Coachella Valley Economic Partnership (CVEP) where she
represents the City as the Chair of the Executive Committee.
Therefore, she would like to be on the Ad Hoc Committee, stating it
lends itself since she knows how it's currently working through CVEP.
Councilmember Kelly deferred to Councilmember Harnik's
participation, because of the assignments she listed. The iHub is a
topic of keen interest to her, so if she can be helpful as an alternate,
she would be glad to do so.
Mayor Jonathan wondered if the City would be more effective if it
expanded Councilmember Harnik's involvement by adding two
members that are not currently involved.
Councilmember Harnik offered that the information she would bring
from CVEP, including the concerns they are dealing with over the
iHub and bandwidth, lends itself for her to be on the Committee,
which she felt would be an advantage. Councilmember Kelly
concurred, which is why she deferred.
Councilmember Nestande noted this appointment would only be for
the iHub, because if there are other economic issues in three or four
months, the work can be spread around.
Ms. Aylaian agreed, stating there will be issues when the City
develops incentive programs, hotel development, etc., where separate
subcommittees will be formed.
Councilmember Harnik moved to, by Minute Motion, appoint Mayor Sabby Jonathan
and Councilmember Jan C. Harnik to the Ad Hoc Economic Development Subcommittee
for the current Palm Desert iHub Project, with Councilmember Kathleen Kelly as the
Alternate. Motion was seconded by Weber and carried by 5-0 vote (AYES: Harnik, Kelly,
Nestande, Weber, and Jonathan; NOES: None).
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B. City Attorney
None
C. City Clerk
DRAFT
Ms. Klassen announced the City will take its traditional break by going dark
for the meetings of July 26 and August 9, and will resume its regular
schedule on August 23.
D. Public Safety
1. Fire Department
None
2. Police Department
None
XII. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 28, 2018.
Rec: Approve as presented.
Approved. 4-0-1 (AYES: Harnik, Kelly, Nestande, and Jonathan; NOES:
None; ABSTAIN: Weber)
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 6/15/2018 and 6/22/2018.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrant Dated 6/22/2018 (Joint Consideration with the Palm Desert
Housing Authority).
Rec: Approve as presented.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bouchee
Cafe & Deli, 72785 Highway 111, Suite No. B1, Palm Desert.
Rec: Receive and file.
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E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Vine Wine
Bar, 74868 Country Club Drive, Suite No. 103, Palm Desert.
Rec: Receive and file.
F REQUEST FOR AUTHORIZATION to Apply for and Accept from the
California Governor's Office of Emergency Services, Upon Grant Award, the
2018 Emergency Management Performance Grant (EMPG) in the Amount
of $14,238.
Rec: By Minute Motion, authorize: 1) Upon notification of the grant award,
acceptance of the FY 2018 Emergency Management Performance
Grant (EMPG) through the California Governor's Office of Emergency
Services (OES) in the amount of $14,238; 2) ratification of the
City Manager's approval and submission of the 29018 EMPG Grant
Application; 3) City Manager to execute the 2018 EMPG Application
and all subsequent grant documentation.
G. REQUEST FOR APPROVAL of the Use of Specific Automotive Facilities for
Supplemental General Fleet Repairs in an Amount Not to Exceed $60,000
in Total from Palms to Pines Automotive and Ozzie's International Tire &
Auto, Inc., During Fiscal Year 2018-2019.
Rec: By Minute Motion: 1) Grant an exception to the bidding requirements,
as provided for by Chapter 3.30 of the Palm Desert Municipal Code,
during FY 2018-2019; 2) approve use of specific automotive facilities
for supplemental general fleet repairs in an amount not to exceed
$60,000 in total from Palms to Pines Automotive and Ozzie's
International Tire & Auto, Inc. — funds are available in General Fund
Account No. 1104331-4334000 - R/M Fleet.
H. REQUEST FOR APPROVAL of a Human Resources and Risk Management
Vendors List for Authorized Vendors and Service Providers in Fiscal Year
2018-2019.
Rec: By Minute Motion, approve/authorize: 1) Vendors on the Human
Resources and Risk Management Authorized Vendors and Service
Providers List for FY 2018-2019; 2) exception to purchasing
requirements as provided by Sections 3.30.160 (C & D) of the
Palm Desert Municipal Code for FY 2018-2019.
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JULY 12, 2018
REQUEST FOR APPROVAL of Designated Vendors for Temporary and
Contract Staffing Services Not to Exceed an Aggregate of $100,000 for
Fiscal Year 2018-2019; Office Team for the Purpose of Payroll Processing
for FY 2018-2019 Student Interns; and Ratification of a $25,000 Increase to
the Fiscal Year 2017-2018 Office Team Purchase Order, No. P113796.
Rec: By Minute Motion: 1) Approve and authorize staff to use the
designated vendors list for temporary and contract staffing services
not to exceed an aggregate of $100,000 for FY 2018-2019;
2) authorize use of Office Team for the purpose of FY 2018-2019
payroll processing for the Student Interns Program in an amount not
to exceed $20,000; 3) ratify an increase in Office Team Purchase
Order No. P113796 - FY 2017-2018 for an additional $25,000 — funds
are available in the respective Fiscal Year Budgets.
J. REQUEST FOR APPROVAL of an Authorized 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
2018-2019.
Rec: By Minute Motion, approve/authorize: 1) Staff to use vendors on the
Palm Desert Public Safety Vendors List for FY 2018-2019;
2) exception to purchasing requirements as provided by
Section 3.30.160 (C)(D) and (H) of the Palm Desert Municipal Code
for FY 2018-2019.
K. REQUEST FOR AUTHORIZATION to Purchase and Utilize Two Mobile
Camera Recording Systems for Use by the City of Palm Desert Police
Department.
Removed for separate consideration under Section XIII, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
L. REQUEST FOR APPROVAL of a Purchase Order Issued to BMW
Motorcycle of Riverside in an Amount Not to Exceed $70,000 for Motorcycle
Maintenance in Fiscal Year 2018-2019.
Rec: By Minute Motion, approve a purchase order to BMW Motorcycle of
Riverside in an amount not to exceed $70,000 for FY 2018-2019 and
as provided for by Section 3.30.160(L) of the Palm Desert Municipal
Code.
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M. REQUEST FOR AUTHORIZATION for the Desert Willow Golf Resort to
Purchase Irrigation Controllers from High Tech Irrigation, Inc., During Fiscal
Year 2018-2019 in the Amount of $178,937.53 (Project No. 841-19).
Rec: By Minute Motion, authorize Desert Willow Golf Resort to purchase
irrigation controllers from High Tech Irrigation, Inc., Indio, California,
during FY 2018-2019 in the amount of $178,937.53 — funds are
available in Account No. 5204195-4803100 - Course and Grounds
Expenses.
N. REQUEST FOR RATIFICATION of City Manager's Approval of
Amendment No. 1 to Contract with HR Green, Inc., Extending the Term from
June 30, 2018, to July 31, 2018, for Provision of Services in the Form of an
Interim Director of Public Works (Contract No. C36630).
Rec: By Minute Motion, ratify the City Manager's approval of Amendment
No. 1 to subject contract with HR Green, Inc., extending the term from
June 30, 2018, to July 31, 2018, for the provision of services in the
form of an Interim Director of Public Works.
O. REQUEST FOR AUTHORIZATION to Release a Portion of Grading Bonds
for the Villa Portofino Project, Tract 36404, Lot 1 (RCS -Villa Portofino 211,
LLC, Applicant).
Rec: By Minute Motion, release a portion of the grading bonds for the Villa
Portofino Project in the amount of $94,358.39 for Faithful
Performance and $47,179.20 for Labor and Materials, bringing the
total amount held by the Public Works Department to $80,379.36 for
Faithful Performance and $40,189.68 for Labor and Materials -
Tract 36404, Lot 1.
P. REQUEST FOR AUTHORIZATION to Release Maintenance Bond for Offsite
Improvements for Tract Map 36874 at The Retreat (Portola PD, LLC,
Applicant).
Rec: By Minute Motion, authorize release of maintenance bond in the
amount of $77,324.05 for offsite improvements for Tract Map 36874
at The Retreat.
Approved. 4-0-1 (AYES: Harnik, Kelly, Nestande, and Weber; NOES:
None; ABSTAIN: Jonathan)
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Q. REQUEST FOR AUTHORIZATION to Select the 100% Carbon -Free Option
for the City of Palm Desert's Electricity Consumption Upon Commencement
of the Desert Community Energy Community Choice Aggregation Program.
Rec: By Minute Motion, upon commencement of the Desert Community
Energy Community Choice Aggregation Program, select the 100%
Carbon -Free Option for the electricity consumed at the City's facilities
and for other metered uses.
Mayor Pro Tem Weber registered an abstention on Item A, Mayor Jonathan
registered an abstention on Item P, and Councilmember Harnik requested Item K
be removed for separate action under Section XIII, Consent Items Held Over.
Upon a motion by Harnik, second by Nestande, and 5-0 vote of the City Council
(AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the remainder of
Consent Calendar was approved as presented.
XIII. CONSENT ITEMS HELD OVER
K. REQUEST FOR AUTHORIZATION to Purchase and Utilize Two Mobile
Camera Recording Systems for Use by the City of Palm Desert Police
Department.
Mr. Aryan noted that earlier this year the Police Department did a pilot
program on El Paseo where it installed two camera systems that were on
loan from the City of Rancho Mirage to monitor for any criminal activity. The
Police Department found the program to be successful and intends to
purchase Palm Desert's own system. Before purchasing they are presenting
the item at this public meeting where the community is made aware of what
it intends to do. These systems were initially planned for El Paseo, but the
systems are mobile and can be placed anywhere throughout the City where
they are needed.
Councilmember Harnik said she appreciates and supports the concept of
using the cameras, adding that any time technology can help with safety was
absolutely worthwhile. She questioned what medium would be used and
where would it be stored, because why would the Department only want to
keep the information for 30 days. She said there could be an occasion
where months later you want to refer back to it.
Lt. Martello responded the information is digital and it's maintained in the
camera itself for 30 days, and then when used again, it's recorded over. It's
not in the "cloud" per say. Further responding, he said ultimately it becomes
a data storage issue, and there are legal issues with retaining data for longer
periods of time. It's apropos for the type of work it does with similar types of
products. Additionally, these mobile cameras are not supposed to be in any
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specific place for long periods of time. However, if something happens in a
particular area, the Department would find out within hours or a few days,
and data can be downloaded if needed.
Councilmember Harnik added she assumed there was a way to store
information if something of relevance was captured.
Mayor Pro Tem Weber commented it was unfortunate staff bypassed the
Public Safety Commission on this issue, because they could have been a
participant, which is why the City has this Commission. She said there is
very capable and intelligent people that serve on that Commission, and they
would have liked to weigh in. She didn't want this to happen again, stating
staff should ensure the Commission participates on these types of issues.
Additionally, she heard the Public Safety Commission meeting for July was
cancelled.
Mr. Aryan agreed, stating he noticed that as well, but this issue was brought
up after the last City Council meeting. He said he worked it out with the
Department's liaison to make sure such items don't get bypassed.
Councilmember Harnik moved to, by Minute Motion, authorize the purchase and use
of two mobile camera systems by the City of Palm Desert Police Department, to be placed
within the City's jurisdictional boundaries based on operational need — cost of $27,000 is
available from existing CaICOPS funds. Motion was seconded by Kelly and carried by a
5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
XIV. RESOLUTIONS
A. RESOLUTION NO. 2018 - 59 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING AND
DIRECTING SURPLUS FUNDS OF CITY OF PALM DESERT
ASSESSMENT DISTRICT NOS. 81-1, 83-1, 84-1, 87-1, 92-1, 94-1 AND
94-2 TO BE USED FOR MAINTENANCE OF FINANCED IMPROVEMENTS.
Mayor Jonathan and Councilmember Harnik noted their potential conflict of
interest and recused themselves from this item and left the Council
Chamber.
Ms. Aylaian explained that the proposed Resolution addresses previously
formed assessment districts within the City, which have all been completed.
The work in terms of public improvements has all been constructed, the
bonds have been paid, and the remaining surplus monies in each of the
districts are listed on page 2 of the staff report. The Resolution will allow for
the City to use those remaining funds to maintain the improvements that
were constructed originally from the assessment district funds. Further
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responding, she confirmed the money will be used for future maintenance of
those districts.
Councilmember Kelly moved to waive further reading and adopt Resolution
No. 2018 - 59. Motion was seconded by Nestande and carried by a 3-0 vote (AYES:
Harnik, Kelly, Nestande, and Weber; NOES: None; ABSENT: Harnik and Jonathan).
XV. ORDINANCES
A. For Introduction:
None
B. For Adoption:
None
XVI. NEW BUSINESS
A. CONSIDERATION OF THE ADOPTION OF A NOTICE OF
DETERMINATION (NOD) IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE CERTIFIED CV LINK
ENVIRONMENTAL IMPACT REPORT DATED MAY 15, 2017, AND TAKING
ACTIONS RELATED TO THE DESIGN AND IMPLEMENTATION OF THE
CV LINK PROJECT.
Mayor Pro Tem Weber stated that on the advice of the City Attorney, she
recused herself from the CV Link Study Session last Thursday, and again
today because of the perceived possibility that the CV Link may run behind
her home, and she left the Council Chamber.
Mr. Stendell noted his presentation will follow the same format from the
Study Session, but in an abbreviated fashion. First he had to thank the City
Council and staff members for the very collaborative discussion held at the
Study Session. The CV Link is a 50-mile alternative transportation corridor
for low speed electrical vehicles (LSEVs), bicycles, and pedestrians. The
suggested pathway is a 12- to 14-foot pathway with a 4- to 6-foot separated
pedestrian path. There were two original routes studied within the City of
Palm Desert, however, the preferred path comes into the City on the west
side via Park View Drive, travels northbound on Monterey Avenue,
eastbound on Magnesia Falls Drive to its terminus when it connects at the
Whitewater Channel just before Deep Canyon Road. Coachella Valley
Association of Governments (CVAG) Executive Committee approved the
Conceptual Master Plan in February 2016, and in May 2017, the
Environmental Impact Report (EIR) was certified. He displayed the CV Link
route that runs through Palm Desert. He spent some time pointing out the
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alternatives and the preferred route. He said the original concept design
formed in the 2016 Master Plan for Palm Desert, largely showed CV Link
using existing facilities with minor enhancements. The minor enhancements
included colored crosswalks, lighting, and general CV Link branding along
the pathway. There were not any specific plans as to what Palm Desert
would get from one end to the other, but there are examples of colored
crosswalks, signage and lights along the path, and minor improvements to
existing infrastructures. This concept design was presented to staff as a
good example of what one might find in the original design, which largely
uses existing bike lanes on Magnesia Falls Drive. In the summer of 2017,
CVAG and the City began meeting about whether the City could use existing
right-of-ways in a more safety oriented way to enhance the CV Link in Palm
Desert. The short answer was yes. The enhanced version staff is using for
its presentation focuses largely on safety enhancements as it traverses
through the City. It includes a buffered two-way cycle track, meaning, it's still
on an existing roadway, but buffered from the vehicles by a raised curb or
very small median. At the location of Highway 111 and Park View Drive, the
Plan includes high visibility markers at major intersections, and it uses
existing sidewalks and landscaping. At the location of Monterey Avenue and
Park View Drive, at the entrance of College of the Desert (COD), the Plan
includes a buffered bike lane. Here, when the green Tight going east is
triggered, CV Link users can land in a refuge area, and when the northbound
traffic green Tight triggers, users will be able to traverse northbound. One of
the largest impacts of the enhanced design is at the exit at College of the
Desert going northbound on Monterey Avenue. The enhanced design
eliminates the acceleration lane as you leave COD heading northbound.
Based on the safety improvements, staff believes it's a fair trade for the CV
Link. It also helps with some pinch points it had with COD and existing
right-of-ways. Again, as you traverse north, turning eastbound on Magnesia
Falls Drive, the CV Link is on a separate raised sidewalk from vehicular
travel, and when traveling east on Magnesia Falls Drive, you have a raised
buffer. Here again, pedestrians will be using existing infrastructure and
existing landscaping. Lastly, at the location of Portola Avenue, CV Link
traverses down to the levee toward Deep Canyon Road. The Portola Avenue
intersection connects to three schools, and the improvements to this area
would be a very welcomed addition for children and families trying to get to
school. At the Study Session, staff discussed the San Pablo Project and
how it interfaces with CV Link. Staff showed how the route traverses through
town, and it definitely intersects with the City's San Pablo plans. Therefore,
staff is doing its best to put together a scenario where the City and CVAG
have shared infrastructures with an agreement to have shared costs. Lastly,
there was some discussion about the Painter's Path Spur (PPS). However,
currently, the CV Link Environmental Impact Report terminates at Highway
111. Coachella Valley Association of Governments (CVAG) has approached
the City about the PPS and connecting it to some of the more popular hiking
trails in the Valley, and the Planning Department noticed that it also connects
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to the largest commercial areas as well. Staff recommends that the City
Council direct staff to begin the process of doing anything it can to aid the
project, but making sure it doesn't slow down the core route. Staff was
looking for City Council direction on how quickly or how important is that
Painter's Path. A couple of questions came up at the Study Session on how
the City was handling safety at intersections. Staff followed up and had
discussions with City engineers and CVAG, and they are proposing that
there are numerous ways to handle safety at major intersections. In looking
at the conceptual designs, staff is not at the level where it can tell Council
what exactly the City will get. Staff is seeking input from the City Council, in
that if safety at certain intersections or every intersection is of upmost
importance, to please let staff know. Another question about the conceptual
design was whether San Pablo can look like the CV Link, and the answer is
yes. In talking to the San Pablo Project Team, they are being cautious that
San Pablo is trying to create its own brand and identity, so while it will be
conducive with CV Link, it will not look and feel the same. He said staff is not
going to take the same construction design from CV Link and implement it
on San Pablo. The last question asked was whether the CV Link can be
extended further into the City center using the Painter's Path Spur, and the
answer is yes, but it requires further study and additional projects. This
evening, staff is asking the City Council to adopt a Notice of Determination,
provide direction to staff related to the design approaches on selecting the
original design or the enhanced design, direct staff to prepare a General Plan
Amendment kicking off the Painter's Path Spur, and authorize the City
Manager to seek grant funding sources for these projects.
Mayor Jonathan called attention to the staff report where staff alluded to the
action already taken by CVAG's Executive Committee, asking staff to
elaborate on the procedural aspect of what the City Council was doing this
evening.
Mr. Stendell explained the CV Link is a regional project, which was
contemplated at CVAG since 2011. It went through a series of iterations
back when it was called Parkway 1 el 1 before it became CV Link. All that
study led to a 2016 Structure Master Plan. The Conceptual Master Plan was
a sound enough document that they could create an Environmental Impact
Report (EIR) for the purposes of CEQA (California Environmental Quality
Act). Between 2016 from the Conceptual Master Plan, CVAG held a public
hearing in Palm Desert's Council Chamber to certify that EIR. The approval
of the EIR signifies about a 30% completeness for a large regional project
like this, but it also meant it's a real project in the planning and public work's
world. At this point, CVAG is taking this certified EIR and working with Valley
cities to begin implementation. In fact, a section in Palm Springs was
recently completed. He noted CVAG's Executive Director Tom Kirk can
inform the City Council how the project is progressing with other cities.
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MR. TOM KIRK, Executive Director of CVAG, thanked staff for a fantastic
staff report. He said it was a momentous time for the CV Link, because
decades have been spent on the Whitewater River Project. He added this
was not a Tom Kirk or Supervisor Benoit idea, as this project has been
around for a long time in trying to utilize the Whitewater River. He said work
is underway on engineering, designing, and constructing of the CV Link.
Discussions with Palm Desert were a little different, because most of CV Link
is on Palm Desert's existing right-of-way and existing streets, sidewalks, and
bike lanes. Frankly, CV Link's concept wasn't that ambitious in Palm Desert,
because it would be using existing facilities that are already built and
maintained; the Link was basically just splashing it up a little. Initially,
Councilmembers said it was all good and nice, but could more be done
similarly to the work done in Cathedral City, La Quinta, and Indio, where
CV Link isn't just in the roadway like a bike lane, but truly protected. He knew
some Councilmembers were runners and jogger, and probably bicyclists,
who understand that running and biking in a 40 mph zone with cars and
trucks, many of them with drivers who pay more attention to their cell phone
than a steering wheel, is not an environment that is entirely safe. So when
staff and Councilmembers requested that the CV Link be made safer, CVAG
spent a lot of time and energy in trying to achieve that request. He said that
if the City Council approves staff's recommendation this evening, it will
probably be the most significant thing the City of Palm Desert has ever done
to protect the lives of runners, joggers, and bicyclists. Certainly, there have
been improvements in every new development along the way by putting new
bike lanes in new areas of the City like North Palm Desert. However,
improving existing older development is a challenge, because it takes
money, but with Palm Desert's approval, CVAG will be applying funds toward
protecting and saving lives. Again, he thanked the City Council for their
support.
Councilmember Nestande understands the City will be using existing
facilities and bike lanes it already maintains, and CV Link would basically be
splashing it up. She asked about the expense if the City kept everything the
same and just added paint for the CV Link, excluding the intersections. She
also asked if the City would be taking a risk with the whole CV Link.
Mr. Stendell answered no, stating the Risk Manager and the Joint Powers
Insurance Authority reviewed this issue and did a risk analyst that came back
fairly benign. To Mr. Kirk's point, a lot of the existing infrastructure is already
maintained by the City, including the landscaping. He added that the utilities
needed for the CV Link already exists. The only major increase in cost will
be in creating the buffer cycle track where different equipment may be
needed to sweep the actual Link, but the City contracts for those services.
Therefore, it would be an augmentation to an existing contract. For the lion
share of the existing CV Link, the City is already paying for it, so it doesn't
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have the impact that other cities who are constructing completely new
improvements that they are currently not maintaining.
MR. KIRK offered its one of the misunderstandings about the CV Link, given
the experience they had in Cathedral City where they built a new facility, it
was a 14-foot wide concrete path with four shade structures on 2.5 miles.
In that case, the cost of maintaining that 14-foot wide sidewalk, is not that
different from what the city already maintains. For example, the sidewalks
at the Civic Center are mostly 14-feet wide. If the public was to look hard at
it's budget, you couldn't find a line item that said how much it cost to maintain
sidewalks. Sidewalks are cheap to maintain, but expensive to put in.
Landscaping is expensive to maintain and put in, but in Palm Desert they are
not putting in additional landscaping as part of the CV Link. Therefore, the
operations and maintenance (O&M) is minuscule. His guess, just like it had
in Cathedral City, even the additional or existing O&M trash pick up, CVAG
believes the community will respond by sponsoring a portion of the CV Link.
He said Renova Energy and Desert Arc are already doing it in Cathedral
City, and they have a waiting list for others to do so.
Mayor Jonathan asked staff to refresh the collective memory, because
everyone has heard that CV Link is a 50-mile path, but in Palm Desert, how
long was it, excluding any extensions.
Mr. Stendell replied it was approximately 4 miles.
MR. GEORGE H. STOCK, Bermuda Dunes, CA, offered a website for the
City Council to research, which is www.railstotrails.ora/magazine. He said
this magazine has a lot of information about new trails being put in and about
their economic impact. He called attention to the letter by the President of
the Rails to Trails, which is at the beginning of the magazine, because
Council will find it informative and enjoyable. Every time he drives around
the Valley and sees the Whitewater River Channel, he sees an opportunity
for getting people off their couch and into the environment. The common
objections are usually the same, people claiming it will attract crime, yet he's
never heard about it actually happening. The other is that nobody will use
the CV Link, it's too hot, etc., however, he begged to differ in that nine
months out of the year the weather is great, and six months out of the year,
it's great for bicycling. He believed a 50-mile path for bicycling in the
Coachella Valley would be a tremendous economic benefit. He encouraged
this City Council to take advantage of this golden opportunity.
MR. GARY LUEDERS, Rancho Mirage, CA, approached the City Council to
address safety, stating it has evolved over time. He recalled a time when
there were no seatbelts or air bags in cars. Well for 50 years he has been
advocating for bicycle lanes, thinking that a white line or a defined space
would provide safety for bicycle riders. Former Councilman Richard Kelly
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understood the idea, because his background was in aviation. He was an
Airforce Pilot, and he understood safety, which is the main issue he wished
to address. He provided a list to the City Council with the 28 bicycle riders
that were killed in this Valley, adding one had to think about their families and
impact to the drivers that killed these individuals. They were not accidents,
they were collisions. Clearly, the CV Link will include a buffer zone that will
protect a bicycle rider from fast-moving vehicles. Back when he was
advocating for bike lanes and/or white lines, he .had to consider that was
good, but smart phones are now in everyone's hands. Distracted drivers with
high-speed vehicles, combined with the Valley's straight and flat streets,
makes for higher risks. The California Bicycle Coalition has advocated for
separate bike paths. A study done by the National League of American
Bicyclists proves that separating vehicles from bicycles are safe for both. He
said most naysayers' are not bicycle riders, so they don't understand the
safety issues involved in riding a bicycle in a fast street. So if this issue was
put to a vote, chances are they would vote against, but their vote would be
against safety.
MR. JIM ROTHBLATT, President of Friends of CV Link, Palm Springs, noted
he has lived in the Valley since 1971, and has worked for Desert Sands
Unified District for 29 years, and 14 of those years were in Palm Desert, so
he has a connection to the City. As President of Friends of CV Link, it puts
him on record as supportive of the CV Link. He's comfortable with each of
the cities doing their own EIR, and he believes this City Council has done
their due diligence with regard to this project. He's been to more public
meeting with regard to the CV Link than he can remember, but today's article
in The Desert Sun inspired him to speak on this issue. He was basically
here to talk about the naysayer that wants to have a vote, yet they have
already voted for their representatives in the City Council, which is how it
works, stating it keeps us from being anarchy. If they are serious about not
wanting the CV Link, they have to find the candidates that support their
position. He's been driving a car around this Valley for 47 years and he
knows something about the changing traffic patterns, etc., but he believed
bicyclists knew more about the streets and traffic then the engineers,
because they knew the safe areas to bike. The CV Link made sense, since
before he even heard of it, because the Valley has this Whitewater River
Channel that parallels Highway 111 connecting Palm Springs to Coachella
and the Salton Sea. You can see it from the top of the Palm Springs Tram
Station. It makes sense to make use of the two levees. He appreciates the
leadership here in Palm Desert, it's been exceptional with regard to this
project, stating he hopes Council hangs' in there and hangs tough.
MR. VAN TANNER, Palm Desert, CA, said it was easy to look at the dais
and see the professionals sitting on the City Council, and they all know
where his position stands with the CV Link, because he talked about it for the
past six years. He encouraged Council to put the City's stamp of approval on
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the CV Link. He said it was important to connect the east valley to the west
valley, by creating that link, because Palm Desert sits right in the middle of
it. He added the City has the tremendous educational center that will help
support the CV Link. He said Palm Desert will use its existing structures, so
the City's contribution will be the center piece of the CV Link. He asked
Council to use this opportunity to place its stamp of approval on this project.
MR. BRIAN TORSNEY, Palm Desert, CA, stated he was one of the
naysayer's. He said he could support anyone for having their position in
favor of the CV Link, because everyone is entitled to their own opinion.
However, he wants this City Council to recognize there are a large number
of people not in support of the CV Link. He asked that the issue be placed
on the ballot as stated by Mayor Pro Tem Weber according to The Desert
Sun. At yesterday's Study Session, Councilmember Kelly stated "The devil's
in the details," as did Mr. Kirk who also said sidewalks are easy to maintain.
Well 11/2 years ago his wife fell on the sidewalk, and she had to have her
shoulder replaced, which cost $80,000. It's the kind of thing Council will face
if someone is hit by either a LEV or a bike rider. He said there are a
significant number of residents who want the City Council to ask its
constituents what they really think, because its constituents were not the
three or four pro -bikers that were here this evening, nor him, because he was
a naysayer. He wondered if this issue will affect the next City Council
election, stating there may be a new one based on its vote this evening. He
went on to say he didn't know who had pulled nomination documents, but
there will be an election in November. He said Council should take
advantage of that election and give everybody a chance to have a say as
part of the democratic process.
MS. WENDY JONATHAN, Vice President of Desert Sands Unified School
District (DSUSD) Board of Education, and Trustee for Region 1. As Trustee,
her area includes every school in Palm Desert, except for Ronald Reagan
Elementary. She said DSUSD supports CV Link, and they supported it back
when it was referred to as Parkway 1 el 1 or Whitewater River Project. The
District supported it back when they were applying for financial support and
grants, and she had letters that verified their support. The District is
supportive of the CV Link because the proposed extensions connect
communities from Desert Hot Springs, Palm Desert, La Quinta, Coachella,
and Thermal to their schools, parks, and major shopping districts in the
region. Additionally, children and parents across the Coachella Valley would
have safer routes to schools. In La Quinta, the largest high school in the
Coachella Valley, the proposed extension would provide better access to
more than 3,000 students. In Palm Desert, CV Link will affect three of the
six schools, which will impact about 5,000 students. Every day, the District
has students that walk to school or ride their bike and take scooters. This
pathway will be adjacent to Lincoln Elementary, Palm Desert Charter Middle
School, and Palm Desert High School. In the six years that she's been on
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the School Board, it's been unfortunate, but they've had accidents and
fatalities of students. With CV Link, the District will have safer routes to
school, and safety of students is their number one priority. The District
commends the CV Link, because they are excited about the efforts to
promote a healthy and active lifestyle throughout the Coachella Valley.
Lastly, she encouraged the City Council to vote yes for safety routes for
students.
MR. VIC GAINER, Palm Springs, CA, thanked his friends and staff for
covering key points about the benefits of CV Link. When the City Council
was elected, it took a pledge to promote health and safety for its residents,
and the CV Link reflects it. As a former cross-country coach, he would take
his runners along the top of the levee, always looking for safe places for
them to run, because it wasn't safe to run in the streets. As a cyclist, it's not
safe to ride in the streets when there are normal people driving, but he's
actually had drivers aim their cars at him. Therefore, bicyclists need a
protected safe space for people to ride. The CV Link provides benefits for
kids who run, walk, or ride their bikes to school, including those fighting
obesity. The Houston Study talks specifically about the economic benefits
to restaurants and hotels by the sales tax it generates for the City. He said
this Council wasn't elected to punt issues for the residents to vote on,
because it was elected to make decisions, and this really wasn't a difficult
one to proceed with. He asked the City Council to vote with pride in favor of
this project.
MR. EVAN TRUBEE, Owner of Big Wheel Tours, stated his business
provides bike rentals and tours, so Council could tell where he stood on this
issue. In previous City Council meetings he's talked about the increased
demand for bicycle rentals over the last twenty years, and you didn't need to
be in his line of work to notice the increase and the number of people riding
bikes and sharing the roads. In response to the article in The Desert Sun,
the proposed route is clever, thoughtful, and incorporates existing facilities.
In his opinion, CV Link is safe and an excellent design. There were some
concerns raised that this path would drop off cyclists at Park View and
Highway 111 where there are no bike lanes or connections to the CV Link,
because other cities are not involved, which he thought was dangerous. As
a cyclist who has been all over this Valley, having a bike lane to nowhere
was nothing new. Coming from Indian Wells eastbound to Palm Desert, you
lose the bike lane, but cyclists always find a way, so they will be grateful for
this stretch of it. He rode the path to Park View where you go up to Joshua
Road in Rancho Mirage, and if the neighboring city wanted to help out with
a short path, it can connect onto Bob Hope, but that's a discussion for a
different group. He wouldn't take the concern as a negative when
considering approving the proposed CV Link. Secondly, the concern about
putting this issue to a citywide vote, the argument he heard is that not
everyone was a cyclist and only a small portion of the constituency would
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benefit. He disagreed, because he noticed that motorist are tired of sharing
the road and streets are more crowded, so both would benefit from the CV
Link, adding it will be a home run. He asked the City Council to approve the
proposed Plan.
MS. LOUISE KERMODE, Palm Desert, stated the Plan didn't explain what
would happen to the path at either end of the City and whether it would
continue. She knew the City Council was in favor of the CV Link, but she still
felt it should be up to the public to decide. She understands residents elected
the Council, but at that time, they were not voting on the CV Link itself, and
she didn't see any reason for not placing it on the ballot. Additionally, she
saw no information about the maintenance, stating she read in the
newspaper that the maintenance cost hasn't been addressed, questioning
if it was a secret, and if it's unknown, how could the City Council vote on it.
MR. BOB SOLOMON, Palm Desert, a resident of Palm Desert since 1973,
offered he was an avid bike rider. He noted that he provided a statement to
the City Council, because bicycle safety is a big deal. He said everyone was
arguing about how much CV Link will cost, but if one person is killed, what
is that cost to the family, the City, hospital, etc., stating money shouldn't be
the entire issue. He rides on Cook Street two or three times a week, and
when you get to Frank Sinatra, the road narrows and you have buses and
trucks on the right-hand lane, and all of a sudden there is no bike lane and
no escape, which is quite scary. There are other paths that are dangerous
as well, but the one on Frank Sinatra is the worse. He said the City should
improve what it currently has, but the best solution is having the CV Link go
down the wash where it won't impact people, stating you can go for a
twenty -mile ride if you are so inclined without having to worry about traffic.
Mayor Jonathan called a recess at 5:28 p.m. He resumed the meeting at
5:36 p.m.
Councilmember Nestande expressed her appreciation of Mr. Kirk and staff's
time on this issue, stating they provided a great report. She believed her
question was answered in terms of the financial impact to the City, in that it's
negligible. She also heard from citizens in the audience that cost is also a
concern for them, so she asked for confirmation of that issue. Additionally,
she heard loud and clear that safety for bicyclist is very important.
Mr. Stendell replied that on the construction side, all improvements related
to the enhanced or the original CV Link Plan are borne by CVAG. On the
shared infrastructure of San Pablo and other shared intersections, City pays
for the City's portions only, and CVAG pays for CV Link. On the
maintenance side, negligible is probably a good word. The City hasn't done
a complete in-depth maintenance analysis, but again, existing infrastructure
being maintained today will be augmented for safety purposes.
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Councilmember Kelly offered that as she reviewed the proposed enhanced
design, which is one of the options being considered, she was truly excited
by it, because it would improve safety for bicyclist and pedestrians on
existing Palm Desert thoroughfares. One of the characteristics she found
exciting was the buffer, which is the one item that might add very nominal
maintenance cost for the City. As a frequent walker, she has noticed that if
a car approaches on the same side of the street she's walking on, she
instinctively gets up on the curb, because of the frequency she has seen
distracted drivers playing on their phone. It means that no matter how
prominent she is, she's at risk of getting squashed. The benefit of the buffer
is that at least it will cause a driver to be returned to the road. She had no
doubt this particular enhancement will save lives and give active transporters
comforts, which is huge for her. The other enhancement that's really key for
walkers is the extended corner for those waiting to cross, making walkers or
bicyclists more visible. She asked that the rendering referenced as Location
12/13 be displayed because it shows a row of parked cars on Magnesia Falls
Drive. She said this enhancement caught her attention, because those who
are bicyclists have been door hit by an absent-minded driver who exits their
car and thrust the door into a cyclist. The area being displayed is close to
schools, which is a probable path to kids who aren't necessarily going to be
alert to that hazard. However, if the City switched to the enhanced design,
the path for cyclists, pedestrians, etc., the path is inside of the parked cars,
avoiding facing that hazard. She said this issue this evening seems
extremely simple, despite all the public attention given to the regional CV
Link Project. At this stage, CVAG has acquired sufficient grant funding for
the project, which means these safety enhancements for existing Palm
Desert thoroughfares can be completely paid for by grant funds that the City
has not worked to secure. Therefore, what's not to like about it, which is a
question she asked herself, and she couldn't find one. She is in favor of the
recommendation proposed by staff, using Option 2.b, which she will refer to
as the safety enhancement version of the design. She had two caveats, in
that there are two spots in this concept that she believes will warrant extra
attention. One has been acknowledged by staff, which is the whole issue
about how to cross Magnesia Falls Drive. The other issue is the exit from
College of the Desert where the concept achieves greater safety for CV Link
users. She urged extra attention to making sure the design will make it
possible for drivers leaving the College of the Desert campus to do so
efficiently. At the Study Session there was discussion about alternative ways
to accomplish it, because if drivers' get frustrated, they won't behave in ways
that are conducive to anyone's safety. She thanked staff and everyone who
has worked on this project as it pertains to Palm Desert, because through
hard work and careful consideration, many of the issues she heard raised
along the way no longer exist. Back when Council was looking at alternative
routes, she heard from residents in the Chaparral Country Club and Portola
Country Club expressing concern about a wash path that would come close
to their residences, and that is no longer part of the proposal. She heard
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concerns about a bridge over Cook Street and its potential expense, and
that's no longer under discussion. She appreciates very much the
engagement of citizens who have expressed their desire to take this to a
vote, but her sense is that they want to speak their opinion about the regional
project. However, the question before the City Council is more narrow, which
is whether the City should achieve these substantial safety enhancements
on existing thoroughfares using grant monies. For her, the answer is a very
easy yes.
Councilmember Nestande concurred.
Councilmember Harnik agreed with Councilmember Kelly that people want
to talk about the regional project. However, the region has been fortunate to
be able to come together for a lot of great regional projects like
Homelessness, the Mid -Valley Parkway, and Signal Synchronization. She
added that when cities work together, the region gets the best results. She
recalled when Supervisor Benoit supported this project, and now Supervisor
Perez as well. The project has financial support from the California
Transportation Commission (CTC), Southern California Association of
Governments (SCAG), Coachella Valley Association of Governments
(CVAG), and Riverside County Transportation Commission (RCTC), but this
evening Council is considering the CV Link in the City of Palm Desert. Given
the vibrant, healthy, and spirited discussions over the CV Link over a number
of years, the project has become better. The routes have been enhanced
and they are safer. The two main topics being discussed about this issue
revolves around money and safety, and if money is not used well, it can
result in greater costs to a City because of lack of safety. She pointed out
that Mr. Gary Lueders provided the City Council with a list of fatalities to
bicyclists, and each time it happens, it cost millions. Therefore, this project
has become safer, by allowing people to get to their recreational activities,
employment, and/or a school. Because this project promotes air -quality and
safe routes to school, and impacting 2,000 to 3,000 students, the project will
receive grant funding. Additionally, the Convention and Visitors Bureau
(CVB) is making a push for tourism by promoting health and wellness and
having an active lifestyle here by utilizing the hiking trails and bicycling. She
said there has been a tremendous increase by people who visit the Valley
for those reasons. Now if the City can take this CV Link to the trail head of
the Bump and Grind, it would be a great advantage to Palm Desert. But
before exploring it, she wondered if the City could talk to CVAG about more
funds for public outreach for that area. With respect to the Painter's Path,
which is separate from the regional project, there is a wonderful loop being
created that starts at Magnesia Falls Drive, traverses over to Park View and
onto Painter's Path, and then up to the museum, El Paseo, and then down
back to San Pablo. This was about having a safe loop within Palm Desert,
where Council can increase the quality and safety for people who are riding
bicycles and scooters, or walking. She added that Palm Desert has been
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very forward thinking when it came to Low Speed Electrical Vehicles
(LSEV), Neighborhood Electric Vehicles, and golf carts, and there was no
reason to stop now.
Mayor Jonathan stated Council's responsibility is to vote on an issue based
on what's best for the community and not on what is best for
Councilmembers as individuals. He tried to look at this issue from that
perspective, so he made a list as to why vote yes or no. It's not filtered as
to whether he will personally use the path or not, but filtered through what is
best for residents and the community. In the yes category, safety was listed
as No. 1. He believed the CV Link will save many lives, including cyclist,
runners, motorist, pedestrians, and more important, children. As No. 2 he
had health and fitness. It's important to create opportunities to promote
health and fitness, because it's good for the individual and the community;
it's what the City is all about. He said CVAG conducted a survey a while
back, and the number one request was not where can I go get golf, it's where
can I go out and walk, run, and hike. As No. 3, he listed that the CV Link will
become an economic driver, creating another unique reason for tourists to
visit, but also for permanent residents who want to live and work in Palm
Desert. On the flip side, he considered the cost, but the CV Link itself is
already funded through grants that were obtained by the staff of CVAG to the
tune of $100 million. Therefore, the cost for the construction of the CV Link
is there, and the maintenance is not an issue for the City of Palm Desert,
commenting that The Desert Sun doesn't always get it right. Council heard
repeatedly that the CV Link will be enhancing existing walk ways and bike
lanes, and the costs of the enhancements are coming from CVAG. The cost
of maintaining them will be largely unchanged from the cost the City is
incurring now for its roads and sidewalks. The cost will be negligible in terms
of any additional costs. In his "no" list, he had nothing. He couldn't think of
a single reason for not moving forward with the CV Link in the City of Palm
Desert or even the Coachella Valley. However, this evening, Council is only
voting on the CV Link as it pertains to Palm Desert only. Direction to staff is
that he would like to see some artistic design elements, stating the school
district has talked about having kids participate in art on the CV Link, which
he believed would create interest and vibrancy that went beyond a bike path
or walkway, at little to no cost. He said there are people and entities more
than interested in funding that part of it, adding it should at least be explored.
The risks to safety on the CV Link to Palm Desert are at the intersections.
He would like staff to move forward with further exploration with any and all
safety enhancements along the path, and use state -of -the art enhancements
at intersections. With regard to the Painter's Path extension, he believed this
was an opportunity to build on something great and making it greater. He
said if you take the take the CV Link at Highway 111 and Park View, where
the Tilted Kilt was previously located, and take it west to the back of the
Target Store to where the Bump and Grind is located, the City can then go
pass it, cross over the little bridge that goes over the wash to connect to El
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D R,A ! �,. �.<I•
Paseo. Once on El Paseo you can go down to San Pablo, hang a left on
San Pablo down to Magnesia Falls Drive and you are back on the CV Link.
This loop is important because it will play a part in creating that new and
vibrant City Core. If that loop is created, it can enhance the success of the
downtown City Core. He believed the City needed to take advantage of this
opportunity, and not only approve CV Link through the City, but enhance it
with the Park View extension to El Paseo. Responding to question, he
clarified he was asking staff to explore what the City can do to extend the CV
Link type path that continues on Park View; the City had the right-of-way. He
wants the path to go all the way to the bridge and explore the cost feasibility
of expanding the bridge to the required 14-foot width. At this point, it ends
on El Paseo, but bicyclists can obviously continue biking onto San Pablo.
Councilmember Kelly attempting to rein Council back to what's on the
agenda this evening, stated she didn't want to leave the impression that
Council has endorsed the proposed loop. She could speak to the Painter's
Path Spur (PPS), because it accomplishes many purposes. A concerned
expressed in The Desert Sun was whether this segment that leads nowhere
runs the risk of leaving cyclists with no options. The PPS really speaks to
that concern, because it creates both a destination or a potential starting
point. With ample parking, someone could park in that vicinity and use its
route to get to the Civic Center to get to other attractions to reach San Pablo,
so it could be a starting point or an ending point. In keeping with everyone's
comments and the front page of the staff report, she moved for approval of
all four recommendations, which endorsed the safety enhanced design.
Councilmember Kelly moved to: 1) Waive further reading and adopt Resolution
No. 2018 - 60, adopting a Notice of Determination in accordance with the California
Environmental Quality Act (CEQA) for the CV Link Environmental Impact Report (EIR) as
approved by the Coachella Valley Association of Governments (CVAG) Executive
Committee dated May 15, 2017; 2) by Minute Motion, direct staff to prepare an addendum
to the Certified EIR to proceed with the enhanced CV Link Designs presented with plans
dated March 13, 2018; 3) by Minute Motion, direct staff to prepare a General Plan
Amendment (GPA) to Figure 4.2 (Proposed Bicycle & Golf Cart Network), amending
Painters Path from the status of "Golf Carts Permitted" to "Class 3-Shared Roadway;" 4) by
Minute Motion, authorize the City Manager to submit applications for grant funding related
to either the CV Link or San Pablo Projects. Motion was seconded by Nestande.
Mayor Jonathan offered that his comments about Painter's Path Spur are
directly on point to the item before the City Council. He was suggesting that
the Spur not end at the Bump and Grind Trail, but to explore continuing to
the bridge and across the wash. Ideally, connecting the CV Link to Painter's
Path all the way to El Paseo.
Councilmember Harnik offered she was in favor of exploring it, but not at this
time, because she didn't want to hold up the CV Link Project.
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Mayor Jonathan agreed, but it has been indicated to him it would not hold up
the CV Link project. However, if it does, Council needs to reconsider
whether to move forward with the extension. His feeling is that the City has
a golden opportunity to do something even better than CV Link on it's own,
which is amazing. He said this connection would enhance the City's vision
for a vibrant downtown City Core. He's not saying the City should do it, but
simply asking staff to explore the feasibility of moving forward with the
Painter' Path extension going all the way through to El Paseo.
Councilmember Harnik reiterated she didn't want to muddy the water, so she
wants to keep the action separately.
Councilmember Kelly added she didn't know exactly what it meant, stating
she didn't have any mapping of that idea, and she hasn't had a chance to
think about it. She said the encouragement to staff is to think through
possibilities, and she's confident they heard. She reiterated the proposed
motion is limited to the terms on the agenda.
Responding to question, Mr. Stendell felt he had adequate direction. He said
Council will see the details when the addendum comes back to the City
Council.
Mayor Jonathan called for the vote and the motion carried by a 4-0 vote (AYES:
Harnik, Kelly, Nestande, and Jonathan; NOES: None; ABSENT: Weber).
Mayor Jonathan thanked all those who worked on this project tirelessly for
many years, including those in the audience who took their time to be here
this evening on this matter.
B. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT AND
THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN
THE AFTER SCHOOL PROGRAM AT LINCOLN ELEMENTARY SCHOOL
(CONTRACT NO. C37240).
Senior Management Analyst Veronica Tapia stated the City has had a long-
term relationship with Desert Sands Unified School District (DSUSD) and its
After School Program at Lincoln Elementary School and Palm Desert Charter
Middle School. In inheriting the file and going through them, it became
apparent that a funding request had not come forward in quite some time.
Along with the Memorandum of Understanding (MOU), she asked both the
schools to submit a formal funding request. In their request, they.provided
information to support the funding the City has been providing. For Lincoln
Elementary, the City supports about 25% of the entire student body annually,
and that's what they are anticipating for the 2018-2019 year. She noted
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Funding was included in the Budget at the last City Council meeting. She
introduced Program Coordinator Donje Ely.
Councilmember Kelly read there was 150 students on the waiting list for this
program. She asked if there was anything the City could do collaboratively
to meet the needs of more students.
MS. DONJE ELY, After School Program Coordinator for Lincoln Elementary,
replied that within the last few years they have beenworking on enlarging the
program by getting more teachers to help students with their homework in
smaller groups. The program recycles, in that as children leave, they bring
in new ones.
Councilmember Nestande asked if more volunteers were needed, or did it
have to be a certified teacher.
MS. ELY explained that in order to help with homework, it had to be a District
employee or a certified teacher. They have long-term substitute that come
in and help with the program.
Councilmember Harnik moved to, by Minute Motion, authorize the Mayor to execute
subject MOU between Desert Sands Unified School District (DSUSD) and City of Palm
Desert relative to the Lincoln Elementary School After School Program — funding in the
amount of $75,000 was included within the FY 2018-2019 Budget, Account
No. 1104800-4389201, and upon annual review and funding approval, agreement would
remain in effect through June 30, 2021. Motion was seconded by Nestande.
Mayor Jonathan added he asked staff to accumulate the amount of money
the City provides to the various schools in Palm Desert, and it was well in
excess of $800,000 a year. He would like that information to be promoted
within the District, because the City often gets requests that it's not able to
fulfill, and he wants there to be an understanding that the City is already
doing enough and it's happy and fortunate to do so.
MS. ELY said the District appreciates everything the City does to support
their programs.
Mayor Jonathan called for the vote and the motion carried by a 5-0 vote (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
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DRAF
C. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT,
PALM DESERT CHARTER MIDDLE SCHOOL, AND THE CITY OF
PALM DESERT AS IT RELATES TO PARTICIPATION IN THE AFTER
SCHOOL PROGRAM AT PALM DESERT CHARTER MIDDLE SCHOOL
(CONTRACT NO. C37250).
Please see related discussion under New Business Item B.
Councilmember Harnik moved to, by Minute Motion, authorize the Mayor to execute
subject MOU between Desert Sands Unified School District (DSUSD), Palm Desert Charter
Middle School (PDCMS), and City of Palm Desert relative to the Palm Desert Charter
Middle School After School Program — funding in the amount of $75,000 was included
within the FY 2018-2019 Budget, Account No. 1104800-4389201, and upon annual review
and funding approval, agreement would remain in effect through June 30, 2021. Motion
was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber,
and Jonathan; NOES: None).
D. REQUEST FOR AWARD OF CONTRACT TO CLUB CAR, LLC, FOR THE
LEASE OF GOLF CARTS AND UTILITY CARTS AT DESERT WILLOW
GOLF RESORT IN AN AMOUNT NOT TO EXCEED $933,943.21
(CONTRACT NO. C37260).
Desert Willow General Manager Derek White noted the staff report and
offered to answer questions.
Mayor Jonathan commented that this item was vetted through the Desert
Willow President's Committee, and he knew Kemper Sports exhausted all
alternatives and came up with what they believed was in the best interest of
Desert Willow.
Councilmember Kelly moved to, by Minute Motion, award/authorize: 1) Subject
contract in an amount not to exceed $933,943.21 to Club Car, LLC, for a four-year lease
of golf carts and utility carts at the Desert Willow Golf Resort; 2) Mayor to execute said
contract; 3) such minor modifications as may be necessary and made by the City Attorney
and City Manager to effectuate the transaction. Motion was seconded by Nestande and
carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES:
None).
XVII. CONTINUED BUSINESS
None
S
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XVIII. OLD BUSINESS
D ! 1. A F•.
A. REQUEST FOR ADOPTION OF RESOLUTION, CALLING FOR THE
PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT FOR THE
NOVEMBER 6, 2018, GENERAL MUNICIPAL ELECTION FOR
SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED
ORDINANCE ESTABLISHING A TAX ON CANNABIS BUSINESSES
OPERATING WITHIN THE CITY OF PALM DESERT.
Councilmember Harnik recused herself from this item and left the Council
Chamber.
Ms. Klassen noted this item required a 4/5 majority vote, which is why straws
were drawn the last time this item was before the City Council, and the
outcome resulted with Mayor Pro Tem Weber sitting in to hear this matter.
Management Analysts Deborah S. Glickman pointed out this was an updated
Resolution for the Cannabis taxation. After the last meeting, staff was asked
to further research the matter. Staff saw it fit to come back with an updated
and improved Resolution for the City Council. After the June 14 meeting,
staff spoke with the owner/operator of the eleven (11) proposed businesses.
Although they all wanted no tax, they felt the rates proposed were
reasonable. The changes from the prior resolution to this one is as follows:
1) staff lowered the rate for manufacturing from 10% to 3%, based on the
averages around the community, and with the suggested starting rate of 2%.
All the rates in the Resolution will go before the voters on the ballot as "up
to amounts." Staff is requesting the City Council direct staff to come back
immediately after the Election. If the measure passes, staff will come back
with a resolution with the actual starting rates. The proposed starting rates
are just for discussion; 2) staff added the Delivery rate to the Retail, so its
now become one; 3) The Cultivation rate is up to 15% with a starting rate of
10%. The cultivation rate was kept the same at $20 per square foot, and the
suggested starting rate is $13 per square foot. Through further research,
staff noticed other cities were not charging for Research, Distribution, and
Testing, so the recommendation is a no tax.
Councilmember Kelly inquired about the State's excise tax where it states on
page 2 of the staff report that 15% collected by the retailers and paid to the
cannabis distributor. She wondered how that worked, because she
presumed the tax is paid to the State.
Ms. Glickman replied that the funds eventually make its way to the State.
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Mayor Jonathan added that similarly, the staff report indicates that delivery
is subject to the 15% tax maximum, even though the starting rate is 10%,
asking if it was either 15% or 10%. In other words, if somebody calls a retail
establishment and says it wants to order "x" amount, they don't make 10%
on that purchase and an additional 10% later.
Ms. Glickman answered no, stating the retail store would be delivering it and
however it's received, the tax would be taken at that point.
Mayor Jonathan thanked staff for contacting the permit holders, because it's
so important to include them in the process, and he understands it was very
much appreciated by them.
Ms. Glickman noted she and Principal Planner Eric Ceja contacted the
permit holders together, so she did want to thank him for his assistance.
Councilmember Nestande asked for clarification on the taxation structure
where it states on page 2 of the staff report, "Removing taxation rates from
cannabis research, testing, and distribution (a person engaged in the
business of purchasing cannabis from a cultivator, or cannabis products from
a manufacturer, for sale to a dispensary)."
Ms. Glickman replied it had to do with the trucking process or transportation,
and not the final sale point.
Councilmember Kelly moved to: 1) Waive further reading and: a) Adopt Resolution
No. 2018 - 61, calling for the placement of a General Tax Measure on the ballot for the
November 6, 2018, General Municipal Election for submission to the qualified voters of a
proposed ordinance establishing a tax on cannabis businesses operating within the City
of Palm Desert; b) pass amended Ordinance No. 1339 to second reading, adding Chapter
3.50 to Title 3 - Revenue and Finance - to the Palm Desert Municipal Code, establishing
a tax on cannabis businesses operating within the City of Palm Desert (pending voter
approval); 2) by Minute Motion, direct staff to return after the November 6, 2018, General
Municipal Election with a resolution to determine the final starting rate for each tax
category. Motion was seconded by Nestande and carried by a 4-0 vote (AYES: Kelly,
Nestande, Weber, and Jonathan; NOES: None; ABSENT: Harnik).
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XIX. PUBLIC HEARINGS
DRAFT
A. CONSIDERATION OF THE ADOPTION OF ORDINANCES,
ESTABLISHING SECTION 25.28.130 OF THE PALM DESERT MUNICIPAL
CODE - OPEN SPACE/RESIDENTIAL OVERLAY DISTRICT - AND APPLY
SAID OVERLAY DISTRICT TO THREE PARCELS OF LAND AS THEY
RELATE TO THE PALM DESERT COUNTRY CLUB PROJECT (APNs
637-190-021, 637-190-024, AND 637-190-027), AND ADOPTA NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, Case No. ZOA 18-0003 (City of
Palm Desert, Applicant).
Councilmember Harnik stated she has been advised to recuse herself on this
matter. She said members of the community formed an LLC to operate
Shadow Mountain Golf Course with the goal of preserving it, and she is part
of that enterprise; she left the Council Chamber.
Principal Planner Eric Ceja recalled for the City Council that in May it
approved a number of applications for the golf course conversion project at
Palm Desert Country Club. This was for the nine -hole golf course into 69
condominium units. As part of that approval,•the City Council directed staff
to look at a new Zoning Ordinance Amendment standard that could be
applied to this specific project, but also future projects within the City that had
to do with golf course conversions. Staff expeditiously put an Ordinance
together, which the Planning Commission recommended approval. It
essentially lays out standards for how to convert a golf course in the future.
The standards include some of Council's direction to preserve 45% of that
existing open -space, to host a number of community meetings to garner
community support, including sharing financial information with that
community to see if there is interest for property transfer. There are also
provisions for new community benefits and amenities, and a process of how
this overlay would be applied to golf course conversion projects. Staff was
in consultation with the City of Palm Springs Planning Department, stating
they are going through a similar exercise in establishing an Ordinance for
golf course conversions. The ordinances are relatively similar in that they
both include some of the same language and same requirements for
preservation of open space and community meetings, so they were quite
helpful. Staff recommended the City Council adopt the proposed Zoning
Ordinance Amendment, establishing an Overlay it can apply to the specific
proposal for Palm Desert Country Club, and that it could apply to future golf
course conversion projects.
Mayor Pro Tem Weber asked if there are any other golf courses that are in
the process of converting, so that this would be retroactive to what has
already been started.
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Mr. Ceja replied staff didn't anticipate this being retro active to other courses.
Until the City receives formal correspondence from a golf course owner that
the course failed and they need to look at other options, is when the City can
apply this Amendment. Further responding, he confirmed he wasn't aware
of any pending conversions.
Councilmember Nestande noted the Zoning Ordinance Amendment was
published in The Desert Sun, questioning if anyone had responded to the
publication.
Mr. Ceja said there was no response, adding the Applicant was present for
the Planning Commission hearing; with the understanding that this item
would be forwarded to the City Council, but he chose not to be here this
evening.
Mayor Jonathan declared the public hearing open and invited anyone wishing to
address the City Council on this matter to come forward at this time.
Ms. Klassen noted for the record that Ms. Barbara Powers had to leave, but
left a letter opposing the zone change for reasons previously stated when the
matter came to the City Council in the past iteration.
Mayor Jonathan recalled seeing an email from her.
With no further public testimony offered, Mayor Jonathan declared the public
hearing closed.
Councilmember Harnik expressed her appreciation for the work that went
into the Ordinance, stating it was very thoughtful. As time goes on, the City
will see outstanding applications because of the thought given to this
process. She had voted no in the pass on the nine -hole golf course, so
unless Council bifurcated the recommendations 1 and 2, she would be voting
no. She absolutely supports the amendment, but doesn't support applying
it to Palm Desert Country Club.
Mayor Jonathan is troubled by one portion of the Ordinance. He called
attention to Exhibit A, Open Space/Residential Overlay District, Section
25.28.130, paragraph D(a) - Community Outreach where it states, "The
Applicant shall host a series of community meetings and requires the golf
course ownership to share information related to the golf course fiscal
performance, methods explored to preserve the open space, and the ability
for surrounding property owners have the ability to participate in the design
of any new project, and to explore community options outlined below. Then
Item D(b) - Community Options, states, "The golf course ownership shall
work with the City and the impacted community to explore options for the
preservation of the golf course facilities. He didn't believe the City had any
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DRAFT
other ordinance that came to this level of intrusion on private financial
information, and that it requires a developer/applicant to hold meetings and
to show he has explored other options, etc." He believed it would be more
appropriate to allow developers to do what they did at Palm Desert Country
Club, which is to go for it. They are either going to succeed or fail. He could
envision a situation where maybe the golf course is operating okay, but the
developer feels he could get a better return and possibly the residents are
okay with it, depending on the design. He was not in favor of mandating a
developer to share trade secrets, financial information, or create levels of
requirements and responsibility to explore other options, and hold meetings
where the Applicant demonstrates it, stating it was over reaching.
Councilmember Nestande suggested tweaking the wording because from
her recollection this requirement is probably in the Ordinance due to many
residents from Palm Desert Country Club (PDCC) claiming they didn't know
what was happening, that they purchased their home thinking they would
have a golf course view. It was the lack of communication that she believes
the City is trying to avoid moving forward. She made the comment that
people that purchase a home in a golf course community, typically are
expecting to have a golf course.
Councilmember Harnik said she understood Councilmember Nestande's
concern, but Mayor Jonathan's wasn't saying to exclude the community
meetings, he's questioning why the owners had to open their books. She
asked if there was any other City ordinance that it speaks to this issue.
Ms. Aylaian said it did for the provision to protect against unconstitutional
takings, and also in the Short-term Rental Ordinance. The City requires the
disclosure of financial performance data for the property. The Applicant
needs to demonstrate they meet a certain criteria.
Mayor Jonathan said the question was if the City had this requirement of
disclosure of financial data in any other change of zone process.
Mr. Stendell couldn't recall an instance that matches this one.
Councilmember Harnik questioned if the City had the right to ask for such
requirements.
Mr. Hargreaves replied he believed the City did have the right, stating in
some ways it's an analyst to the takings in the short-term rental situation
where you have a series of existing uses, and a series of existing
expectations both on behalf of the golf course owner and the residents. It is
somewhat an extraordinary step to allow someone to back out of a whole
series of expectations, and the one rational for allowing them to do so, is that
it's financially not feasible to carry on with the golf course, which is the
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DRA i-.�.
argument made at PDCC. He said PDCC couldn't go on and the City
couldn't force them to continue. The rationale here is that if someone wants
to go forward and disrupt the established expectations over a period of time,
they need to make that kind of showing, and certainly within the City
Council's purview requiring them to do so.
Mayor Jonathan offered he was not trying to persuade anyone, stating he
was just explaining he was not comfortable with the entirety of paragraph D,
and he couldn't vote in favor with this item as written. He said there is an
assumption that A, the golf course is financially unfeasible, and B, that the
Applicant has to demonstrate it. He could envision circumstances where
there is concurrence and agreement in wanting to convert a golf course
where there isn't a financial hardship. This kind of already ties the City's
hand and it makes the assumption that there has to be financial hardship
before there is a golf course conversion, and he didn't think that was the
intent of the Ordinance as he envisioned it. He thought the intent was that
if there is going to be a conversion, what will it look like.
Councilmember Nestande explained that she would like this paragraph to
remain. As an example, what if the owner of Palm Valley Country Club
(PVCC) decided they wanted to convert the golf course. She couldn't
imagine all the homeowners at PVCC being okay with it without the owner
showing it was due to a financial hardship. She said that could create chaos
and what if that starts to become the trend, which worries her.
Mayor Jonathan agreed, stating he worried about that as well, but he
believed there is an existing process that enables all parties, including
homeowners to object, and a smart owner will work with those people to
create something they will actually support. If not, the City Council has the
ability to deny the application. He reiterated there is an existing process that
is adequate, but for the City to go above and beyond with what they don't do
with everybody else, is an intrusion on privacy. He wouldn't feel right if
someone said he had to bear his financials, which he felt was over reaching.
Mayor Pro Tem Weber agreed with MayorJonathan, because this Ordinance
was written on the fact that there was a financial problem. The public that
was saying you can't take away our golf course was not understanding the
great costs involved to run a golf course, and some of the owners were going
bankrupt in trying to preserve it. She agreed the City shouldn't create an
Ordinance based on one circumstance. If an owner decides to convert a
course, then it should become an issue based on that decision and not on
a financial issue. She said the proposed Ordinance ties it to a financial
issue, so she too would like the paragraph modified.
Councilmember Harnik believed all the outreach should be done, and as the
City Attorney mentioned, there is a level of expectation by the people who
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M. I
live on a course. She questioned how they can make this work by taking
some of the language out requiring the owner to show their books.
Mayor Jonathan agreed to compromise by modifying Item D(a), and after
discussing it further, Councilmembers agreed to modify Section 25.28.130
D(a) to read as follows: Community Outreach - The applicant shall host a
series of community meetings for the benefit of the property owners abutting
the golf course properties, and community surrounding and impacted by the
development proposal. The series of meetings shall include, but is not
limited to, exploring options for preservation of the golf course. They also
agreed to leave paragraph B as is.
Responding to question, Mr. Hargreaves said that as long as the changes
are clearly specified, which they are, the City Council can pass the
Ordinance to second reading.
Councilmember Nestande moved to waive further reading and pass to second
reading: 1) Ordinance No. 1340, approving Zoning Ordinance Amendment 18-0003 to
create Section 25.28.130 - "Open Space/Residential Overlay District"of the Palm Desert
Zoning Ordinance and adopt a Notice of Exemption, as amended with a modification to
Section 25.28.130 D(a) to read as follows: Community Outreach - The applicant shall host
a series of community meetings for the benefit of the property owners abutting the golf
course properties, and community surrounding and impacted by the development proposal.
The series of meetings shall include, but is not limited to, exploring options for preservation
of the golf course; 2) Ordinance No. 1341, approving Zoning Ordinance Amendment 18-
0003, applying the "Open Space/Residential Overlay District" to three parcels of land
(APNs 637-190-021, 637-190-024, and 637-190-027) as they relate to the Palm Desert
Country Club Project. Motion was seconded by Weber.
Councilmember Harnik stated she was in favor of Ordinance No. 1340,
because it's an ordinance to put on the books, but then Ordinance No. 1341
applies it to Palm Desert Country Club, which is why she will be voting no,
unless the recommendations are bifurcated.
Mr. Ceja pointed out the recommendations was bifurcated, stating Ordinance
No. 1340 is to approve the Ordinance itself, and Ordinance No. 1341, is to
apply the Open Space/Residential Overlay District to Palm Desert Country
Club.
Councilmember Nestande noted she believed there were enough votes to
approve them both with one motion.
Mayor Jonathan called for the vote and the motion carried by a 3-1 vote
(AYES: Nestande, Weber, and Jonathan; NOES: Harnik; ABSENT: Kelly).
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B. REQUEST FOR APPROVAL OF A RESOLUTION, IMPLEMENTING AN
AUTOMATED LICENSE PLATE READER SYSTEM WITHIN THE CITY'S
JURISDICTIONAL BOUNDARIES.
Mr. Aryan reported the Palm Desert Police Department currently has three
Automated License Plate Reader (ALPR) Systems that are mounted on
patrol vehicles. This system currently uses photographic and optical
recognition technologies to read vehicle license plates. Vehicle information
' collected is compared to various law enforcement data bases to see if the
vehicle has been reported stolen, wanted for being used in a crime, or
displaying lost or stolen license plate. If a license plate number is flagged,
the system alerts the deputy to investigate further, but they are still required
to either call the dispatch center to verify or directly verify via the California
Law Enforcement Telecommunication System. The use of this technology
is a viable law enforcement tool that has led to the recovery of many stolen
vehicles and apprehension of suspects. In one particular case, he recalled
they recovered a stolen vehicle just outside the parking lot here at City Hall,
stating it has proven valuable to the City. The Sheriff's Department has strict
protocols in the actual storage of any data collected, and such information
is removed two years after collection; It's basically stored on their server
system. The system is also audited internally by the Sheriff's Technology
Bureau to ensure privacy and security. In 2016, Senate Bill 34 was
introduced into law requiring agencies using such system to post their policy
not only on the agencies website, but also provide the opportunity for public
comment, which is why this item is before the City Council this evening.
Approval of the proposed Resolution will enable the Police Department to
continue using the ALPR Systems it currently has in its inventory and any
future ones it wishes to purchase. In closing, the data may only be used for
official law enforcement purposes, and it cannot be shared, transferred, or
sold for any other use. Each employee of the Sheriffs Department that
accesses the system has their own unique username and password, and
must undergo training on the policy and the system itself.
Mayor Pro Tem Weber stated the staff report indicates the use is valuable,
and then it states that within the Sheriff's contract cities there were
approximately 5,000 vehicle thefts with approximately 4,200 recoveries. But,
then it states the system was instrumental in several of those recoveries, and
"several" to her meant three (3) to five (5).
Mr. Aryan replied he didn't have the exact number, but it was the information
provided to him.
Sgt. Martinez apologized for not having the data with him, but he will obtain
it and provide it to Mr. Aryan.
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DRAF
Mayor Jonathan declared the public hearing open and invited anyone wishing to
address the City Council on this matter to come forward at this time. With no public
testimony offered, he declared the public hearing closed.
Mayor Pro Tem Weber moved to, by Minute Motion, continue the item to a future
City Council meeting, but after the Public Safety Commission has reviewed this item.
Motion died for lack of a second.
Mayor Pro Tem Weber said the City has a very valuable Public Safety
Commission and they should be respected and allowed to discuss this item.
She understands it looks like it's no big deal, but it is related to a privacy
issue that concerns people, which is why there is Senate Bill 34. Therefore,
she felt the Commission should weigh in with their experience, knowledge,
and thoughtfulness, then return to the City Council.
Councilmember Harnik moved to: 1) Waive further reading and adopt Resolution
No. 2018 - 62, approving implementation of an automated license plate reader system
within the city's jurisdictional boundaries; 2) by Minute Motion, direct staff to prepare and
approve any necessary amendments to the City's Agreement for Law Enforcement
Services with County of Riverside (Contract No. C33630) related to this matter. Motion
was seconded by Kelly.
Councilmember Kelly expressed her support for the sentiments that Mayor
Pro Tem Weber expressed, and she believed staff heard the encouragement
to make good use of the Commission. The reason why she couldn't second
the motion is she just couldn't bear to impede law enforcement for any period
of time, given this is a useful tool.
Mayor Pro Tem Weber reiterated that out of 4,200 recoveries, 3 to 5
recoveries were due to these readers, which she didn't feel was sufficient for
using them.
Councilmember Harnik disagreed, stating Council didn't know that several
is absolutely defined, and she felt that anything that can help law
enforcement and public safety was important to do.
Mayor Jonathan concurred with all the comments, stating he had similar
concerns for why this wasn't vetted through the Public Safety Commission,
and staff has heard that loud and clear. He hopes that in the future anything
related to public safety would be vetted, although he strongly suspected the
Commission would be in favor of this measure. He personally went on a
ride -along and saw first-hand the usefulness of this device, adding it was not
just for loss of theft, it could alert police to wanted criminals.
Mayor Pro Tem Weber asked for clarification, asking if reading someone's
license plate showed if a person is wanted.
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Mr. Aryan answered no, stating there is no facial recognition, but the person
driving may own a vehicle that was connected with a crime when the license
plate was obtained.
Mayor Jonathan agreed, stating he didn't mean to imply there was picture
recognition. The system alerts law enforcement that the ownership or user
may be wanted for some crime. His point was that it's a very useful tool that
will benefit the community, and he concurred that getting it into law
enforcement hands expeditiously would be appropriate.
Mayor Jonathan called for the vote and the motion carried by a 4-1 vote (AYES:
Harnik, Kelly, Nestande, and Jonathan; NOES: Weber)
XX. ADJOURNMENT
With City Council concurrence, Mayor Jonathan adjourned the meeting at 6:58 p.m.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
SABBY JONATHAN, MAYOR
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