HomeMy WebLinkAboutPrelim - CC - 08-23-2018PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 23, 2018
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Jonathan convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jan C. Harnik
Councilmember Kathleen Kelly
Councilmember Gina Nestande
Mayor Pro Tem Susan Marie Weber
Mayor Sabby Jonathan
Also Present:
Lauri Aylaian, City Manager
Carlos Campos, Acting City Attorney
Rachelle D. Klassen, City Clerk
Lori Carney, Director of Administrative Services
Russell Grance, Director of Building & Safety
Ryan Stendell, Director of Community Development
Martin Alvarez, Director of Economic Development
Janet M. Moore, Director of Finance/City Treasurer
Tom Garcia, Director of Public Works
Stephen Y. Aryan, Risk Manager
John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Rocha, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
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A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 73111 El Paseo (SEC El Paseo/Ocotillo Drive)
(APNs 627-232-006, -009)
Negotiating Parties:
Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert
Property Owner: Bernard Debonne
Under Negotiation: x Price x Terms of Payment
2) Property: 54330 Ocotillo Drive (NEC Ocotillo Drive/
Tumbleweed Lane) (APN 627-232-006)
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 3:01 p.m. He reconvened the meeting at 4:01 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 - Councilmember Kathleen Kelly
VII. INVOCATION - Mayor Sabby Jonathan
VIII. AWARDS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION DECLARING SEPTEMBER 2018
AS "NATIONAL SENIOR CENTER MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the entire City Council, Mayor Jonathan presented the
proclamation to Mr. Jack Newby, Executive Director of the Joslyn Center.
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Mr. Newby thanked the City Council, stating he appreciated the City's
support. He added that even in the heat of the summer, the Center is
receiving new members every day. They are promoting their wonderful
Wellness Center that offers a lot of activities and health -related educational
programs for the community. He encouraged the City Council to take a tour
of the facilities anytime.
Mayor Jonathan pointed out that the next "Coffee with the Mayor" will be held
at the Joslyn Center, featuring Mr. Newby and the organization.
B. INFORMATIONAL QUARTERLY REPORT OF ACTIVITIES FROM THE
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION BY CITY OF
PALM DESERT'S APPOINTED REPRESENTATIVE MR. ROLF HOEHN.
Mayor Jonathan expressed his appreciation for having Mr. Hoehn, the City's
representative on the Airport Commission, and for providing a quarterly
report. Some of the highlights of the report include: 1) Airport Master Plan -
scheduled for implementation in 2020. It's an expansion of the check -in area
and airline offices; 2) Air Service Development - United Airlines will add
non-stop service to Newark; American Airlines has a second daily flight to
Chicago; Delta Airlines will start service to Atlanta this winter; and Jet Blue
is adding capacity to New York; 3) Airline Traffic - the number of passengers
has increased by 6.9% in the month of June, and 8.9% year to date.
With City Council concurrence, the Quarterly Report of Activities from the Palm
Springs International Airport Commission by Palm Desert's appointed
representative Mr. Rolf Hoehn was received and filed.
IX. ORAL COMMUNICATIONS - B
MR. WALLY MELENDEZ expressed concern for what is happening in Nicaragua
where people are being shot for being out of the house, which is having a domino
effect if you consider Cuba, Venezuela, and Bolivia. Currently, everyone was living
in a dangerous world and it appeared to him that President Trump was not aware
of this fact. He said those of us who live in the west needed to raise our voices to
speak against these communist dictators who are committing murders.
X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
1. El Paseo Improvement Proiect - attended meetings on the Gibbs
Study for the possibilities that can be done on El Paseo. It's been
great to see the merchants engaged in the process, and later when
an item comes before the City Council, they will be seen in the
audience.
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2. Coachella Valley Economic Partnership (CVEP) - held the
Sustainability Forum recently and it was about the MSHCP (Multiple
Species Habitat Conservation Plan) and how it has helped the City
and how it came about. She added that CVEP continues to bring
forward great forums and opportunities to learn more about how we
got here and where were headed.
3. Coachella Valley Association of Governments (CVAG) - Many of the
members, engineers, and others from across the Valley went to three
Traffic Management Centers in Riverside County. It is amazing what
they are doing in creating better traffic flow. All of the communities
they visited in Moreno Valley, Corona, and Riverside work with police
to be effective and efficient to bring about safer streets and build a
foundation for smart cities, which Palm Desert is working on as well
with CVEP. It was very interesting to hear the questions asked by the
engineers and public works directors versus the ones she, as a
Councilmember, was asking. She said Palm Desert will be better for
it when it implements its synchronization, and infrastructure for
auto -type Internet of Things.
B. Councilmember Kathleen Kelly Committee Reports and General Comments.
1. Consortium - attended an information exchange with those whose
work touches mental health issues in the Coachella Valley. She and
Mayor Jonathan found it extremely fruitful, particularly to identify
points of intersection with those efforts and Mayor Jonathan's efforts
through the CVAG Homelessness Committee. They learned how that
cooperation can be maximized, so it was good to know those
conversations are happening.
2. SunLine Transit - reported that SunLine has secured funds to launch
a Haul Pass Program for local college students. Starting Monday,
College of the Desert students will be able to use SunLine Transit for
free to get to and from their classes. She's very excited about that
opportunity to maximize services for those who are trying to advance
themselves.
C. Councilmember Gina Nestande Committee Reports and General Comments.
1. Landscape Issues - has continued to engage with constituents this
summer on landscaping issues, which she will bring up at a later City
Council meeting to direct staff with City Council approval to get some
of these landscaping items on a future agenda.
2. Olive Crest - reported it's a great nonprofit organization, and their
main priority is to prevent child abuse while treating and educating
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at -risk youth. Something she learned was that if a child is in the foster
care system, once you turn 18 years of age, you are let go and put
out on the street unless that particular family wants to keep you
without receiving payment. Sadly, it happens, and it's really heart
breaking. She was informally asked to serve on the board, which she
would be honored to do so, but she hasn't yet been formally asked.
D. Mavor Pro Tem Susan Marie Weber Meeting Summaries Report for the
Period of July 1 - August 11, 2018.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
1. Citizens on Patrol (COPs) - reported she and the Mayor attended the
COPs luncheon to thank the organization for working the City's
Independence Day Celebration (4th of July), which was phenomenal.
She said the COPs Program has their own writing pens now, and they
have on them "Join Our Organization." She thanked Management
Analyst Johnny Terfehr for taking over the COPs Program, because
it has dramatically been improved in the last few months. She added
the luncheon was held at the wonderful Hotel Paseo, stating that if
you haven't been there, you should go see the art and beautiful
architecture of the building.
Mayor Jonathan commented it would be wonderful if the City had City
of Palm Desert coffee mugs.
E. Mavor Sabbv Jonathan Committee Reports and General Comments.
1. Palm Desert Area Chamber of Commerce - announced that the
Chamber's new CEO was in the audience, and he invited him to
introduce himself.
Mr. Todd Rhoden said he was the new President CEO of the Palm
Desert Area Chamber of Commerce, and he recently moved to Palm
Desert on Cook Street, so he is now a proud Palm Desert resident.
He thanked the City Council for their support of the Chamber by
attending the breakfast events, providing them with a building, and
sponsoring the Golf Cart Parade, which is extremely generous. He
was available to the Council, stating he will work with the City as much
as possible and do whatever he can to work together.
2. First Dav of School - he pointed out that today was the first day of
school. He was honored to attend the first day of Palm Desert High
School, and noted that enrollment for freshmen is 120 students, which
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was an increase of 20%. He said the quality of education offered by
Palm Desert is very special.
3. Desert Community Enerav (DCE) - he reported the program was to
launch in August, but it didn't. He and Councilmember Kelly had
partnered in representing the City, and at the last meeting, there was
a decision to delay the launch to 2020. There were unique and
unexpected market conditions in that very strangely, the price of gas
spiked considerably. He said a lot of energy is produced via natural
gas, so the cost of energy is anticipated to go up 3%, while Southern
California Edison, inexplicably, announced they will be reducing their
delivery charge cost by 6%. The City had presented the DCE to the
public and residents, partially on the basis of very modest cost
savings, but it appears those savings would not materialize.
Therefore, the decision was made to delay the launch, primarily for
that reason.
F. City Council Requests for Action.
None
G. City Council Consideration of Travel Requests/Reports.
None
XI. STAFF REPORTS AND REMARKS
A. City Manager
1. City Manager's Meetina Summaries Report for the Period of
July 2 - August 10, 2018.
With City Council concurrence, the Meeting Summaries Report was received
and filed.
2. Appointment of City Councilmember Alternate to the Coachella Valley
Animal Campus Commission.
Ms. Aylaian explained the City had an unusual arrangement
previously wherein there was an elected official as the representative
to the Commission, but as the alternate it had a staff member, which
was former Director of Special Programs Ms. Frankie Riddle who has
retired. Staff is looking to replace that alternate vacancy with an
elected official.
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Mayor Pro Tem Weber agreed to represent the Council on that
Commission.
Councilmember Harnik, moved to, by Minute Motion, appoint Mayor Pro Tem Susan
Marie Weber as the Alternate representative on the Coachella Valley Animal Campus
Commission. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik,
Kelly, Nestande, Weber, and Jonathan; NOES: None).
3. Personnel Update: Introduced Tom Garcia, the new Director of Public
Works. She said he comes to Palm Desert with a deep history in
public works and engineering. He has experience at both the County
and City level, having been the Director of Public Works for Calaveras
County, the City of Temecula, and has served with CalTrans, and in
the private sector. He said Mr. Garcia has a lot of good ideas and
enthusiasm, and he has dived into the San Pablo Project and others.
Mayor Jonathan said the City was fortunate to have him, and he as
well landed in the best City on the planet, adding he looked forward
to working together.
B. City Attorney
None
C. City Clerk
1. Reminder of Next Regular City Council Meeting on Thursday,
September 6, 2018, in Place of the Thursday, September 13, 2018,
Meeting (League of California Cities Annual Conference).
Ms. Klassen reminded the City Council of the upcoming change in
schedule of its City Council meeting for the month of September as
duly noted in a Resolution adopted earlier this year. The meetings for
September will be held on September 6 and September 27.
Councilmembers noted the reminder.
D. Public Safety
1. Fire Department
Battalion Chief Cortez thanked the City Council for their support of the
firefighters working in the current fires. Responding to question, he
said the fires have reached containment and have turned a corner,
which was good news. Further responding, he said wild fire season
doesn't end, its year round.
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2. Police Department
None
XII. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of July 12, July 26, and
August 9, 2018.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 6/29/2018, 7/6/2018, 7/13/2018, 7/23/2018, and 7/27/2018.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 6/29/2018 - 2, 7/6/2018, 7/13/2018, 7/20/2018, 7/27/2018,
and 8/3/2018 (Joint Consideration with the Palm Desert Housing
Authority).
Rec: Approve as presented.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by La Fe Wine
Bar, 73900 El Paseo, Suite 2, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sapporo
Ramen & Grill, 73759 Highway 111, Palm Desert.
Rec: Receive and file.
F. REQUEST FOR ADOPTION of Resolutions of the City Council of the City of
Palm Desert, California, Setting Forth Findings and Authorizing the
Destruction of Paper Records from the Office of Building & Safety that Have
Been Digitally Imaged, to Rely On the Electronic Record as the Official
Record - November 2016, December 2016, January 2017 Records.
Rec: Waive further reading and adopt Resolution Nos.: 1) 2018 - 63 -
November 2016 Records; 2) 2018 - 64 - December 2016 Records;
3) 2018 - 65 - January 2017 Records.
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G. RESOLUTION NO. 2018 - 66 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Records from the Office of the City Clerk, as Indicated on the
Records Retention Schedule (Adopted September 28, 2017) — Records
Dated 1985 - 2015 (Exhibit "A").
Rec: Waive further reading and adopt.
H. RESOLUTION NO. 2018 - 67 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Paper Records that Have Been Digitally Imaged from the
Department of Community Development/Planning, to Rely on the Electronic
Record as the Official Record — Records Dated 1974 - 2010.
Rec: Waive further reading and adopt.
I. RESOLUTION NO. 2018 - 68 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Paper Records that Have Been Digitally Imaged from the
Department of Community Development/Planning, to Rely on the Electronic
Record as the Official Record - Youth Committee Applications/Reference
Letters - 2005 - 2014 (Exhibit "A").
Rec: Waive further reading and adopt.
J. RESOLUTION NO. 2018 - 69 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Paper Records that Have Been Digitally Imaged from the
Department of Public Works, to Rely on the Electronic Record as the Official
Record - Parcel Map and Tract Map Files from 1989 - 2008 (Exhibit "A").
Rec: Waive further reading and adopt.
K. REQUEST FOR ACCEPTANCE OF WORK — Contract No. C36720 —
Citywide Palm Tree Pruning (Project No. 931-18) (Reliable Tree Works, Inc.,
Coachella, CA).
Rec: By Minute Motion, accept the work as complete and authorize
City Clerk to file a Notice of Completion for the project.
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L. REQUEST FOR APPROVAL of Mills Act Contract for 72451 Willow Street,
Unit #1213 (APN 640-210-013) - Sandpiper Condominiums Circle 12
(Gregory Wilson Thompson and Sandra Colbert Thompson, Trustees of the
Thompson Family Trust u/d/t June 4, 2003).
Removed for separate consideration under Section XIII, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
M. REQUEST FOR APPROVAL of Two (2) Permanent Mural Sites at the
Palm Desert Aquatic Center.
Removed for separate consideration under Section XIII, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
N. REQUEST FOR APPROVAL of the 2018 Palm Desert Golf Cart Parade,
October 28, 2018 (Palm Desert Area Chamber of Commerce, Applicant).
Rec: By Minute Motion, approve: 1) Palm Desert Golf Cart Parade
scheduled for Sunday, October 28, 2018; 2) El Paseo and Larkspur
road closures for the event; 3) Consumption/Possession of Alcoholic
Beverages on Public Property pursuant to Palm Desert Municipal
Code Section 9.58.040; 4) sponsorship of in -kind Public Works
services.
Mayor Pro Tem Weber requested Item L be removed for separate discussion on
Section XIII, Consent Items Held Over, and Mayor Jonathan requested Item M.
Upon motion by Kelly, second by Harnik, and 5-0 vote of the City Council (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the remainder of the
Consent Calendar was approved as presented.
XIII. CONSENT ITEMS HELD OVER
L. REQUEST FOR APPROVAL of Mills Act Contract for 72451 Willow Street,
Unit #1213 (APN 640-210-013) - Sandpiper Condominiums Circle 12
(Gregory Wilson Thompson and Sandra Colbert Thompson, Trustees of the
Thompson Family Trust u/d/t June 4, 2003).
Mayor Pro Tem Weber requested this item to be pulled in order to recognize
the hard work that Director of Building and Safety Russell Grance and staff
have done on the Cultural Preservation Committee. The Committee has
been very involved in the past couple of years, and by their participation and
Mr. Grance's hard work, they are having more homes and places being
considered for designation for a historical category. This requires
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Mr. Grance and his team to compile a lot of paperwork in order to comply
with the Mills Act for the City to have historical buildings in Palm Desert.
Mayor Pro Tem Weber moved to, by Minute Motion: 1) Approve subject Mills Act
contract for the Sandpiper Condominiums located in Circle 12, in accordance with
Section 29.70.030 of the Palm Desert Municipal Code; 2) authorize City Manager and City
Attorney to execute said contract. Motion was seconded by Kelly and carried by a 5-0 vote
(AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
M. REQUEST FOR APPROVAL of Two (2) Permanent Mural Sites at the
Palm Desert Aquatic Center.
Mayor Jonathan said he wasn't understanding what was being approved,
because the contract didn't have a dollar amount attached to it.
Management Analyst Deborah Glickman replied Council was approving sites
for potential murals. For consideration is the two locations on the west side
of the building to the Aquatic Center; they will be permanent murals. She
has been communicating with a group of artists who are interested in the
project. She's hoping that by the time the artists have an opportunity to
come to Palm Desert, the sites will have already been approved.
Mayor Jonathan inquired about the next step in the process and whether the
proposed artist will be presented to the City Council for approval.
Ms. Glickman said staff is looking at a group of five artists from Columbia
who are working through an organization in Boston. At this time she didn't
have the timeline for those approvals, which is why she would work with the
City Manager for approval at that level.
Mayor Jonathan asked if that would be for the selection of the artist and the
funding.
Ms. Glickman explained the artist was actually a packaged team, and they
are considering coming to Palm Desert in October. If the proposed sites are
approved and designated, then she can move forward in conversations with
them to paint the murals.
Mayor Jonathan offered that the point he was trying to get at is that the
examples presented in the staff report didn't represent an aquatic theme.
Ms. Glickman agreed, stating those were samples of the artist's work. She
would be receiving proposals for the locations in advance, and she and the
City Manager would be reviewing and approving them internally. She will try
to obtain a timeline to see if she could get them into a City Council meeting,
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but the problem is that in order for artists to prepare, the City needs to give
them enough time.
Mayor Jonathan suggested circulating the proposed renderings as soon as
they are available with the City Council, so that if there are concerns, they
can at least have an opportunity for discourse. Also, if there is a price tag
attached, he would be interested in knowing that as well.
Ms. Glickman replied that based on the group they are considering, the cost
will be $12,500 for the two sites, and that includes six different artists.
Mayor Jonathan added that the Aquatic Center is a treasure in the City, and
although he is being reassured by staff, he wants Council to have an
opportunity to review the proposals.
Ms. Glickman noted that staff had to get through this process to get to the
next step, but she will absolutely drop the proposals off at the City Council's
office to be circulated.
Mayor Jonathan moved to, by Minute Motion: 1) Approve two (2) permanent mural
sites at the Palm Desert Aquatic Center; 2) waive all permit and inspection fees associated
with murals for the designated sites. Motion was seconded by Kelly.
Councilmember Harnik agreed with Mayor Jonathan that the samples
provided in the staff report were more urban, edgy art, and more suitable for
the "Street" event, because these didn't have the warm, family -friendly look
that would be suitable for the Aquatic Center.
Ms. Glickman responded that the artists are already aware of the site
location, and once staff is further in the process, she will work with them
more closely so they can understand the City's Aquatic Center and the park
location. She is well aware that the murals will be visible from the park in
general, so she plans to provide the artists with as much information as
possible, in order for the proposals to reflect the community. She hopes the
murals will add a new style of art that is important to bring into the City's
collection.
Mayor Jonathan called for the vote and the motion carried by a 5-0 vote (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
XIV. RESOLUTIONS
None
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XV. ORDINANCES
A. For Introduction:
None
B. For Adoption
1. ORDINANCE NO. 1340 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A
NOTICE OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; AND A ZONING ORDINANCE
AMENDMENT ESTABLISHING PALM DESERT MUNICIPAL CODE
SECTION 25.28.130 - OPEN SPACE/RESIDENTIAL OVERLAY
DISTRICT, Case No. ZOA 18-0003 (City of Palm Desert, Applicant).
Councilmember Kelly recused herself from this item for the reasons
stated last month when the Ordinance was introduced. She then left
the Council Chamber.
Mr. Stendell noted the staff report as it was prepared for the July City
Council meeting. This item is for adoption of the Zoning Ordinance
creating an Overlay Zone for a golf course conversion as directed by
the City Council; this was the second reading of the Ordinance.
Councilmember Harnik moved to waive further reading and adopt Ordinance
No. 1340. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Harnik,
Nestande, Weber, and Jonathan; NOES: None; ABSENT: Kelly).
2. ORDINANCE NO. 1341 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPLYING A
CHANGE OF ZONE FOR THREE PARCELS OF LAND
(APNs 637-190-021, 637-190-024, and 637-190-027) FROM R-2 TO
R-2 WITH AN OPEN SPACE/RESIDENTIAL OVERLAY DISTRICT
AS THEY RELATE TO THE PALM DESERT COUNTRY CLUB
PROJECT, Case No. ZOA 18-0003 (City of Palm Desert, Applicant).
Mr. Stendell noted this was a follow-up item to the previous item,
where the City would be applying the Overlay Zone to the three
parcels of land to the Palm Desert Country Club conversion.
Mayor Pro Tem Weber moved to waive further reading and adopt Ordinance
No. 1341. Motion was seconded by Nestande and carried by a 4-1 vote (AYES: Kelly,
Nestande, Weber, and Jonathan; NOES: Harnik).
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XVI. NEW BUSINESS
A. REQUEST FOR APPROVAL OF CONTRACT WITH THE COACHELLA
VALLEY ECONOMIC PARTNERSHIP (CVEP) IN THE AMOUNT OF
$175,000 FOR ESTABLISHMENT AND OPERATION OF THE
PALM DESERT iHUB (PD iHUB) FOR FISCAL YEAR 2018-2019
(CONTRACT NO. C37370).
Mr. Alvarez stated this particular project aligns with the Envision Palm
Desert, the Strategic Plan, Economic Development Strategic Plan, and the
2018 Goals set by the City Council to move forward the establishment of a
Palm Desert iHUB (PD iHUB). This contract will allow the City to contract
with Coachella Valley Economic Partnership (CVEP) to establish and
operate the PD iHUB. The contract is for $175,000 for Fiscal Year
2018-2019. Although the agreement itself is structured as a five-year
contract, the City will have the opportunity to renew it every year. As
indicated in the staff report, the goals of the PD iHUB is to attract technology -
based entrepreneurial startup businesses to promote diversification of the
local economy, create higher wage jobs, and partnering with Cal State
University, San Bernardino at the Palm Desert Campus (CSUSB-PDC).
Partnering with CSUSB-PDC will help in the securement of a High Speed
Broadband fiber-optic cable that will allow the City to provide the
interconnectedness needed to attract these technology -based businesses.
Part of the iHUB goals is to incubate businesses, grow them, provide
resources and services to further along their technology and ideas. The last
goal is to partner with CSUSB-PDC to provide student internships that could
collaborate these new startup businesses and the PD iHUB. The contract
will require CVEP to manage and operate all aspects of the Palm Desert
iHUB, and it will assign or hire new staff for this purpose. They will assume
responsibility for all operations, development of programs and partnerships.
They will go out and seek companies to come to Palm Desert and create
startup opportunities for them. The agreement also requires quarterly
reports to be provided to the City to ensure progress as they move forward
in attracting new businesses. Staff's recommendation also calls for a
five -member PD iHUB Advisory Board consisting of one (1) City elected
official, one (1) CSUSB-PDC, and three (3) representatives from the private
sector. The requirements on the City part is to set aside funds to move this
project along; partner with CVEP to look for a lease space, fund utilities and
facility maintenance to fully launch the iHUB. The City is to work with
CSUSB through a Memorandum of Understanding (MOU) to: 1) Secure
access to high speed broadband, which is referenced as the CENIC line; 2)
Foster Internship Programs. The City had established a Palm Desert iHUB
subcommittee consisting of two Councilmembers, staff, CVEP, and a private
entrepreneur. Staff is continuing to work through all the moving parts
necessary to establish the iHUB by looking at locations, a lease, an MOU
with CSUSB, and other components to move this project forward. In
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summary, this agreement will allow the City to contract with CVEP to launch
the PD iHUB very soon. The subcommittee met on August 13, and staff is
currently exploring office space at The Vineyards, which is across the street
from CSUSB-PDC. Staff is also exploring the opportunity to potentially
provide portable buildings, custom and unique, on the Palm Desert Campus.
By exploring these two options staff will be able to evaluate cost with the
ultimate goal of launching quickly. He said CSUSB has indicated they are
interested in bringing their Cyber Security Program to the PD Campus, which
staff will pursue. He added this was a way to bring them on board, co -locate,
and collaborate with them. By having a co -location, there are opportunities
to provide faculty office space that is dearly needed for the Palm Desert
Campus. Staff recommended approval of the contract with CVEP.
Councilmember Kelly was curious about the reason for only recommending
one elected official to the proposed Advisory Board when the subcommittee
that's been deeply involved in producing this recommendation has two
elected officials.
Mr. Alvarez replied it's the way it was structured and proposed by CVEP, but
they are open to any suggestions that come about.
Mayor Jonathan recalled the City allocating $360,000 in the budget toward
the iHUB, questioning where or how the $175,000 amount came about.
Mr. Alvarez said the City budgetted $464,000 and the $175,000 amount
mirrors the iHUB that Palm Springs operates. It's the same model that was
used to frame the proposed agreement, which provides for the full scope of
services to establish and to launch.
Councilmember Kelly commented the City has additional expenses it will be
picking up that will be charged against the larger budget figure.
Mr. Alvarez confirmed $175,000 will be applied to the $464,000 budget. The
City will also have expenses for establishing and moving the broadband from
CSUSB to the office space. There will be operation expenses for utilities,
maintenance, and potentially the lease as well, which will have to fit within
the allocated budget.
Mayor Jonathan said the proposed recommendation proposes $175,000,
which he believed was a very dynamic number, because at this point, no one
knew where the iHUB will be located. He didn't want to create a delay that
perhaps the motion should include a higher figure unless it's easier to just
come back to the City Council for approval.
Councilmember Kelly felt this figure was less dynamic, because it
represented what CVEP needed for staffing.
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Mayor Jonathan agreed, but wondered if the other costs were already
approved or in the budget.
Mr. Alvarez confirmed that the additional costs were already included in the
budget. Of course those numbers are estimates, but staff is hoping to stay
within that $464,000 amount for the entire project. Further responding, he
said the $175,000 was for CVEP staffing and operations of all the programs.
Councilmember Kelly pointed out that $175,000 is what CVEP needs for the
services they will be providing under this contract, but the City is committed
to paying other variable expenses out of that remaining budget.
Councilmember Nestande asked if Cal State had plans to attract future
students. She recalled hearing they might move a small percentage of
students from the main campus, questioning if it was important to actually
have students already enrolled that would take advantage of the iHUB.
Mr. Alvarez agreed, however, it was like the chicken and egg scenario. You
need to have a program in place with staffing, in terms of faculty, and room
available to attract students. In the interim, Cal State has indicated they can
bring down some of their students from the Cyber Security Program, stating
there might be some local students that can be fostered from the local
schools.
Councilmember Harnik pointed out that Desert Sands Unified School District
(DSUSD) is looking for cyber security type of program in competition. She
was in favor of having students from their main campus come to Palm
Desert, but her greatest hope is to create opportunities for Coachella Valley
regional students and eventually provide well -paying jobs for them.
Councilmember Nestande stated that in terms of startup companies coming
to Palm Desert, she asked if there were any potential ones showing interest.
Mr. Alvarez replied there is one that actually started, which he believes is
called SecoSys that is an Internet of Things (IOT) type of business. It is
trying to establish itself in the Coachella Valley, and it's the perfect
opportunity to have a business incubated and launched.
Councilmember Harnik added that the SecoSys Program started in the Palm
Springs iHUB, and because of the opportunity of the fiber and bandwidth, it's
ready to move to a digital iHUB for research and development in Palm
Desert. The owner is rearing to go and he's also working with COMCAST for
the wireless technology for communication through Desert Hot Springs.
There are a couple of other companies that have already approached about
going into this digital iHUB. Additionally, going back to Councilmember
Kelly's point about the five -member iHUB Palm Desert Advisory Board, she
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agreed that two elected officials should continue to be on the board, but the
committee couldn't be an even number. She suggested including someone
from CVEP and Joe Wallace would be the obvious person, since he had so
much knowledge about this topic.
Mayor Jonathan agreed, 'stating he would suggest two (2) Palm Desert
elected officials, one (1) from Cal State, three (3) from the private sector, and
one (1) from CVEP, which makes it a committee of seven. Having two
elected officials from Palm Desert provides a little more influence on the
committee, which he felt was important.
Councilmember Kelly said her only hesitance was that the advisory board
would be advising CVEP, so she didn't know if it made sense to have
Mr. Wallace on the advisory board to advise himself, but she can be
persuaded.
Councilmember Harnik offered that Mr. Wallace is the expert in this, and he
really understood iHUBs and those sorts of work situations. She recalled for
everyone that he is quite the engineer head. Whether or not he becomes a
voting member, this was strictly an advisory board. The difference in CVEP
in the last three years is a credit to Mr. Wallace, because he genuinely
understands what the City is trying to develop and achieve. She believed the
committee will fall short by not having Mr. Wallace's input. In the end the
advisory board may love his ideas, but it didn't mean the City was going to
pay for whatever the case may be.
Councilmembers Kelly and Nestande agreed Councilmember Harnik was
very convincing in her comments.
Councilmember Kelly recalled everyone on the Council expressed
enthusiasm for this at the goal -setting session, so she thanked and
commended staff and Councilmembers on the subcommittee for moving this
along so expeditiously and constructively. She sees this as having more
potential for transformation in the community than anything else she has
seen, both because it can diversify employment opportunities and
CSUSB-PDC can enhance offerings to local students and have alternative
career paths they can train for globally. It impresses her as an extremely
well thought-out venture, and she is enthusiastic moving forward.
Councilmember Harnik concurred, stating she has seen the incubator do
great things with businesses and believed this will provide great opportunities
for education, benefitting the entire region. She added that it couldn't always
be about the hospitality industry, stating this iHUB will broaden the economic
base. She said staff at times had hit some low points, but they were
tenacious and got this moving again, which is greatly appreciated. She
believed that once the broadband is installed, things will move quickly.
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Mayor Jonathan reiterated that with regard to the budget, it will be very fluid
because there will be a location that will have to be built-in if Cal State does
co -locate where the City could end up paying for half the rent. He brings it
up, because he doesn't want to see things postponed. Secondly, he loves
the idea of locating on the campus, because there are many positives,
especially with the co -location, cyber security, faculty spaces, the almost
adjacent access to the cable, ample parking, etc., and primarily to develop
that synergy between the two organizations. He hopes staff continues to
look at that option very strongly. He recalled hearing Mr. Wallace indicate
there are 235,000 unfilled cyber security jobs, which is within the wheelhouse
of the iHUB. He likes that staff will keep their feet to the fire and look at this
annually, because if it's not performing, the City shouldn't continue for five
years, adding he appreciates it was built into the agreement. Finally, he
would like to appoint the two elected officials at this point to avoid delays.
Councilmember Kelly agreed, stating her presumption was to keep the
subcommittee representatives on the advisory board.
Mayor Jonathan replied it made sense, but if there was a meeting scheduled
soon, it should have Council representation.
Ms. Aylaian said there wouldn't be a meeting in the immediate future,
because the rest of the committee has to be put together. However, she
wasn't opposed to appointing the elected officials at this time.
Councilmember Harnik commented that the current subcommittee has the
bones of a good advisory committee, but wondered if it should include a staff
member. Mayor Jonathan pointed out that staff will always be present.
Mr. Alvarez agreed, stating staff can provide the resources and information
and leave the decision making to the board.
Mayor Jonathan and Councilmember Harnik expressed their desire to be on
the advisory board.
Councilemember Harnik moved to, by Minute Motion: 1) Approve subject five-year
contract with CVEP, funded for FY 2018-2019 in the amount of $175,000, to establish,
operate, and manage the Palm Desert iHUB; 2) authorize City Manager to execute said
agreement — funds are available in the approved FY 2018-2019 Economic Development
Department Budget; 3) establish a seven -member Ad Hoc PD iHUB Advisory Board,
membership consisting of two (2) City of Palm Desert Elected Officials, one (1) CSUSB,
Palm Desert Campus, three (3) private sector representatives, and one (1) CVEP
representative; 4) Appointed Mayor Sabby Jonathan and Councilmember Jan C. Harnik
to the Ad Hoc PD iHUB Advisory Board. Motion was seconded by Nestande and carried
by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
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B. REQUEST FOR APPROVAL OF A CONTRACT WITH BUXTON IN THE
AMOUNT OF $50,000 TO PROVIDE PROFESSIONAL ECONOMIC
DEVELOPMENT CONSULTING SERVICES, INCLUDING DEVELOPMENT
OF A RETAIL AND RESTAURANT RECRUITMENT STRATEGY
(CONTRACT NO. C37380).
Mr. Alvarez stated this item is to hire a consultant that is versed in economic
development in providing opportunities to produce and engage a recruitment
and attraction strategy to fill vacant retail and restaurant spots. He noted the
City has come across some interactions on El Paseo and some of the vacant
buildings on Highway 111. This was an opportunity for the City to work with
Buxton who is nationally recognized as an economic development
consultant. They work specifically with consumer data gathering analytics
and providing a profile that matches Palm Desert's community spending
habits that include where money is being spent, how it's spent, and where
the dollars are coming from with other retail and restaurants throughout the
country that is looking to expand. The goal of the proposal is to assist staff
in understanding the current retail and restaurant economic condition, which
is exactly what Buxton would do. Again, to create that community consumer
profile. There is a lot of data out there that at staff level don't have access
or preview to that Buxton does. In the many years they have been in
business, they have compiled a large data base throughout the country. In
identifying Palm Desert's consumer trade areas, it will show how far visitors
or tourist are coming from. In other words, are they coming from the drive
market or other states. The data is driven by Visa view and the spending of
credit cards in the City of Palm Desert specifically. It will have very detailed
information, which will help staff identify the top 20 retailers and restaurants
staff should go after. He said Buxton has more than 5,000 retail and
restaurant vendors they work with on the opposite end in trying to create their
own profiles and going after those specific markets that match the criteria.
It will also help create marketing materials to go after those top restaurants
and retailers. Additionally, through the Buxton business model, they have
connections to a variety and all the site selectors that work with these
companies throughout the country. They will be able to put the City right to
the top of the person that makes decisions on selecting sites to move into.
The contract is for $150,000 for one year. If the City sees results, the
contract has the option of renewing for a couple of years if it wants to
continue with the goal of filling the gaps and vacant retail spaces.
Councilmember Nestande asked if Buxton will also be looking at the Envision
San Pablo to see what might be the best use of restaurants and retail.
Mr. Alvarez responded staff will certainly provide them information the City
is focusing on which includes San Pablo, El Paseo, and Highway 111
Corridor, which will help set the framework for the types of businesses the
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City will try to attract. Responding to question, he said the scope of work for
this contract did not include hotels, but they do have that capability.
Mayor Jonathan offered that he and Mr. Alvarez met with the representatives
in Las Vegas and again in Palm Desert. He said their work is not site
specific, but when staff goes to them with the need for information for
attracting hotels, part of the data they will compile is what it can present to
an interested developer and it will be on point. It won't be site specific, and
it's the same thing with retailers. For example, it won't be finding something
for this lot on El Paseo or Desert Willow, but they will provide the data and
tools to talk to interested developers and give them the information they
need. He said Buxton will also pre -match so that the City is not wasting their
time and they aren't wasting their time, both parties will know what they're
after. If their criteria meet what the City offers, they will let us know.
Mr. Alvarez agreed, stating it was a very important point, because if Palm
Desert wants one particular retailer or restaurant, but if they are not
expanding in the market, there's no way they will come to Palm Desert.
Secondly, if Palm Desert doesn't meet their consumer profile, it's not a good
starting point.
Mayor Jonathan added that Buxton offered to come out on a quarterly basis
and meet with the City's Realtors, developers, businesses, the Chamber,
and community to provide an update on the kinds of businesses that might
fit the City's profile. At the end of the day, it's the realtor who is trying to
lease these vacant spaces or sell Tots.
Mr. Alvarez concurred, stating the City will be able to provide this data to its
brokers and agents to help them make their decisions easier.
Councilmember Harnik stated the staff report indicates Buxton has
thousands of unique retailers, but the ones they chose to list, many of them
are already in Palm Desert. Her greatest concern, based on years with ICSC
(International Council of Shopping Centers) and what is happening with
E-commerce, is the evolution of retail, because retail is not the same old
thing; it's shifting and being redefined. She wondered if the City was going
to keep doing the same thing, because there are overlays on El Paseo with
strong restrictions that were put there in the 1980's. She said it was 2018 and
the City needed to shift or morph. She hopes the City will change and
redefine things, because the staff report only mentions retail and restaurants.
Doing more of the same is a great concern to her.
Mayor Jonathan believed this contract with Buxton will change the paradigm
and take the City into the 21st Century. He attended ICSC at the urging of
Councilmember Harnik, and she was right, it was very productive. At the
conference, Mr. Alvarez aligned key appointments. Some of the people they
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met were the Westfield Center folks, and staff scheduled a follow-up
appointment in Palm Desert. That meeting took place two weeks ago, and
one of the things that came up is that the City needs to demonstrate to them,
and they need to demonstrate to their decision makers, that what they do will
attract the tenants and the kinds of rents that justifies that investment. When
staff mentioned Buxton to them, they were on board and asked that the data
be shared with them. They indicated they needed the data to make their
case to upper management. He said Buxton represents a mechanism to
help the City realize the vision, because they are not going to go after
retailers, they are match makers. They create the data that companies look
for, then they evaluate it against their thousands of potential matches. It will
be up to the City to decide what it wants to do with the information. He sees
this as an important tool to do exactly what Councilmember Harnik was
talking about.
Councilmember Harnik pointed out that Westfield is a regional mall and
Council is not trying to change its MO (Method of Operation), because she
didn't think it should. Just last week she participated in the fashion show,
and you see families from all over the region from Blythe to Riverside to use
the mall. It has a great profile and it appeals to families, stating it's a regional
asset. When talking about El Paseo, that a different issue, which is what she
was referring to when she mentioned the Zoning Overlay that was put in the
1980's. We keep talking about retail in that they have to sell something.
She's not saying Buxton couldn't help Palm Desert, but wondered if there
was work to do before going to them and saying this is what we want. She
said retail has been redefined and it has shifted. Again, she's not saying
Buxton couldn't help, but is the City providing them with the appropriate
guidelines.
Mr. Alvarez said it was a valid point. As an example, the Gibbs Study, which
is almost complete, is setting the stage for the next generation of El Paseo.
The study has given staff key ideas, requiring consideration of policy
decisions and things to change to set the table for attracting that next
generation of business. He agreed it didn't have to be retail, it could be
something else that is in the market today. However, the data staff is trying
to gather with this particular contract is going to be a valuable tool to move
forward in that arena.
Councilmember Kelly said retail is changing and there are some great
success stories. The news today was that Target had the best quarter of its
existence, because it adapted to changed conditions, affording a better
experience for current consumers. She views this contract as just a piece
of the puzzle. These successful entities and businesses affording the
experience to go along with the shopping, depend upon these kinds of
analytics to make their choices. She believed these types of analytics is
what the City needed to even be in the game and then it will have to be
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attentive to the kinds of issues Councilmember Harnik is raising, once the
City is in the game. The analytics is an essential starting point in putting
together a future.
Councilmember Harnik agreed that it will be these adaptive types of entities
that will survive. On El Paseo were seeing soft surroundings that for years
were a catalog, but have recognized they need brick and mortar to really be
successful. However, based on the staff report, it's not telling her that staff
is providing them with guidelines, because a lot of what Buxton is offering,
the City has most of it. She wants Buxton to look at El Paseo differently,
because the City is not asking them to offer another Trader Joe's. She said
it was critical to allow them to do the geo-fencing, the analytics from the
geo-fencing, and the City will learn who is spending what and where those
credit cards are based, which is all important. She just wants to make sure
it's not doing the same old thing, because the City needs to do something
different.
Mayor Pro Tem Weber commented the City already knew what's going on,
but then what. If Buxton is going to say here's what's going on and how
money is being spent, the City's goal is to bring in other spenders to say
what can be spent.
Councilmember Harnik imagined the Gibbs Study will help provide
information and guidance to Buxton.
Councilmember Nestande asked if Buxton was already looking at other
areas to see what's popular for the drive -by market.
Mr. Alvarez offered that Buxton will also explore what's happening around
the Valley, so duplication of businesses won't happen. It will take a broader
perspective both regionally and the drive -market. Responding to question,
he confirmed that he will be in conversations with Buxton at all stages of the
work.
Councilmember Harnik remarked that she wasn't opposed to the contract,
stating she loved that Council was talking about business retention tools.
However, she wants to make sure the City is providing Buxton the input
that's valuable, recognizing it has put rules, regulations, and overlays in
place.
Mayor Jonathan suggested Councilmembers meet with Ms. Lisa McCoy,
Buxton's representative. He was confident they will walk away with the
complete opposite point of view and comfort level that this was the very tool
that will enable the City to escape the 1980's and move Palm Desert into the
21st Century.
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Councilmember Kelly moved to, by Minute Motion, approve subject contract with
Buxton, Fort Worth, Texas, in the amount of $50,000 to provide professional economic
development consulting services, including development of a retail and restaurant
recruitment strategy — funds are available in the FY 2018-2019 Economic Development
Budget. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Kelly,
Nestande, Weber, and Jonathan; NOES: None).
Mayor Jonathan requested staff coordinate some meetings with
Councilmembers and Ms. McCoy so they can get a sense of what Buxton
has in mind, and perhaps they can name some of the cities where they've
done this work.
C. REQUEST FOR EXTENSION OF CONTRACT WITH GLYN DONALD GRAY
(GDG) FOR OPERATION OF THE EL PASEO COURTESY CART
PROGRAM FOR FISCAL YEAR 2018-2019 (CONTRACT NO. C35632).
Mr. Alvarez stated this item was for an extension of the El Paseo Courtesy
Cart Program that's operated by GDG (Glyn Donald Gray). This year's
contract extension is the final year of a three-year process. The City went
through a Request for Proposal (RFP) three years ago for this service. The
contract mirrors what the City has had in the past, but there is an increase
in the amount of $15,000 to allow for a specific auto liability insurance
required as a City, since those are City -owned vehicles. The insurance will
be provided by the vendor, but funded by the City. In essence, the contract
is for $110,500 for the daily operations and special events. The Courtesy
Cart service runs from October 12, 2018, through May 27, 2019, 11:00 a.m.
to 6:00 p.m., seven days a week. Staff is very satisfied with the work that
GDG has done and is recommending approval of the extension. In the staff
report he provided research information he conducted on an alternate
transportation shuttle service that has popped up nationally, including
California. The Program is known as Free Ride Everywhere Downtown
(FRED), and it offers free electrical vehicle shuttle service. The Program is
currently in San Diego, Santa Monica, Marina Del Rey, Venice, and Long
Beach. The uniqueness of the Program is that it's geographically based in
the downtown area that is identified. Within that identified area, you can use
a mobile application/device to see where FRED vehicles are located and
request a pickup. The vehicle will pick you up and drop you off anywhere
within the identified geographical downtown area. The Program is funded
through the sale of ads, which are displayed on the vehicles. He noted
examples of these advertisements are included in the staff report, but he
also displayed the one from Santa Monica who chose to sponsor the vehicle
using their brand and their name. Funds generated from the advertisements
are used to offset costs of operating the program. Therefore, there are
opportunities to partner with a vendor to share the funding and offset the
operations. The operator would own and maintain all the vehicles. The staff
report includes a chart outlining preliminary estimates by mirroring and
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matching the current City's program schedule, hours, and seating capacity,
and duplicating it with the FRED system. There are two options, Option 1
includes two courtesy carts, circulating within the City's designated
geographical area, and Option 2 includes three courtesy carts. The City can
have as many carts as it wants, but ultimately, it becomes a funding issue.
The chart includes maximum annual funding for both options, projected ad
sales, and the percentage of revenue share, which gives the Maximum
Annual Funding of $165,630 for two carts, or $228,122 for three carts. He's
introducing the concept and idea at this time to get feedback from the City
Council. If Council wished, staff can pursue the opportunity for next fiscal
year, because there is still a lot more information staff had to gather.
Councilmember Harnik shared that the El Paseo Business Improvement
District is supportive of the current program, because it's so important, and
they want to make it even better.
Councilmembers agreed to take a vote on staff's recommendation for the
contract extension with GDG and discuss the FRED Program separately.
Councilmember Nestande moved to, by Minute Motion, approve/authorize:
1) Subject contract with GDG, Palm Desert, California, in an amount not to exceed
$130,277.16, including scheduled and special event hours, vehicle maintenance/repairs,
and insurance for operation of the El Paseo Courtesy Cart Program during FY 2018-2019;
2) Mayor to execute said contract, allowing City Attorney to make non -substantive
changes, if necessary — funds are available in the approved FY 2018-2019 Budget,
Account No. 1104416-4368100 - Courtesy Carts. Motion was seconded by Kelly and
carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES:
None).
Councilmember Kelly pointed out that Palm Springs attempted the Free Buzz
Trolley, and more recently, is contracting with SunLine to provide that
service. That sequence has led SunLine Board to look at the existing GPA
to see if it's adequate to really encourage them to be the regional
coordinators, not just for buses but for transit alternatives. She strongly
expects that within the next four months there will be a proposal for all the
jurisdictions that are part of the SunLine GPA. The intent is to strengthen it
to achieve good regional coordination of transit alternatives that takes
advantage of SunLine's grant capacity and expertise. Therefore, the City
may not want to get too far ahead of that process in trying to create its own
transit option.
Mayor Jonathan asked if SunLine was trying to provide this type of shuttle
service to individual cities, because they're regional.
Councilmember Kelly said the point is that because SunLine has transit
expertise and grant writing receiving capacity, the presumption of the board
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is that it's preferable to have central thinking and participation, at least by
way of coordination when it comes to transit options.
Councilmember Nestande asked if the City could share what it was thinking
with SunLine and see what they think, and see if they could duplicate it or
giving the City a grant.
Councilmember Kelly replied that would assume the City likes it and wants
to do it. Obviously, more steps of exploration would be warranted. She was
just featuring this framework issue so that the City didn't get too far ahead of
itself.
Councilmember Harnik noted she didn't know SunLine was doing this, but
she was aware they got involved with the Buzz Trolley in Palm Springs. It
would probably be best to wait to see what SunLine had to say and
incorporate that with a study session given any other transportation
alternatives the City may be looking at.
Mayor Jonathan expressed a desire to explore both at the same time,
because he absolutely loved the concept of the free ride. Council has been
talking about moving out of the 1980's and into today's type of environment,
suitable for future generations, because millennials are into this. If the City
was going to be serious about evolving from the way it does business, then
it meant Council had to accept change. This to him was simply a shuttle on
steroids. The shuttle is there and it does the same thing as the old one,
except that you have this real cool app. It's not a radical concept, it's taking
what it currently has and making it better, bringing the City into the
millennials' frame of thinking. Palm Desert needs to recognize the needs
and patterns of the next generation, because they exist and it's what's going
to expand their presence. He didn't want to wait on whomever, because they
may move slowly, so he was in favor of exploring both options at the same
time. Staff is proposing to explore FRED and other options. He suggested
letting staff loose to explore and come back with a study session on this
topic.
Councilmember Kelly said she had no objection to progressing
simultaneously, but she wanted to make sure the full City Council was aware
of the SunLine developments since they are eminent. She doesn't
necessarily see this FRED system as an alternative to the El Paseo Shuttle,
because there is something very appealing about a shuttle that's on El
Paseo itself that you don't have to pull out any technology for it. It's a shuttle
you see and hop on, which enhances the shopping experience on that street.
In an environment where this might happen in multiple cities, the current one
gives Palm Desert its distinctiveness. She wants to plant the thought that
FRED didn't have to be an alternative, because the more transportation
options for people the better.
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Mayor Jonathan confessed he had not considered it, and agreed it was a
great idea.
Mayor Pro Tem Weber understood the app would be used to find out the
shuttle's location so she can estimate how long she would have to wait and
not necessarily to order it all the time. The advantage of using a private
company as opposed to being involved in a government entity, is that private
entities can turn on a dime, depending on what is going on with shopping.
She too agreed in moving forward simultaneously, instead of waiting on
SunLine for a response. She said a year will pass quickly, and in order for
Council to discuss this topic it would have to know ahead of time to have a
study session and so forth. Therefore, she would like to get moving on this
to move Palm Desert into the 21st Century. She thanked staff for bringing
this item to the Council's attention.
Councilmember Harnik concurred with Councilmember Kelly to not look at
this FRED Program as an alternative, because El Paseo has a certain
echelon that should be maintained. She's not convinced the FRED Program
fits with El Paseo, but it may with other areas of the City like the college,
Westfield Center, and other shopping centers. At this point, she's not sure
she sees it as a replacement for the current transportation. However, she
liked the idea of the app device on the El Paseo cart.
Mayor Jonathan added that the good news is that Council didn't have to
make that decision today, but it's interesting enough and it has potential. He
said staff can explore and have a study session where Council can take a
deeper dive. He pointed out that the app will allow someone to see its
location, but you can also order it for a pick up.
Ms. Aylaian interjected to say the issue this evening was to renew the
contract for an extension of the courtesy cart service where staff
recommended approval. On the secondary issue, she suggested waiting
and establishing it as a goal for next year, because there was no way for
staff to get a secondary shuttle up and running this season, and it would be
smart to hear from SunLine. She recognizes there are other options staff
should be exploring, including what parts of the City to service such as San
Pablo, including where it can be scheduled, etc. This is a big deal, which
cannot be done in short order. It would be appropriate for staff to be more
deliberative and not try to do anything for this season with a second type of
transportation.
Mayor Jonathan believed the intention was that when this extension expired
in May, if the City was going to implement a change, it will be ready to go to
Plan B.
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Ms. Aylaian replied that with the current goals, she didn't believe staff could
be looking at this until the next calendar year, which would be in 2019 if
established as a goal. To think that an alternative option could be up and
running at the expiration of this contract, which will be in May of 2019, is
doubtful.
Mayor Pro Tem Weber clarified Council wasn't asking for it to be done now,
and it could be in conjunction with the other one, but it's not until staff starts
looking and examining everything.
Councilmember Harnik requested staff seek a legal opinion on the first
amendment on whom the City can allow to advertise, because she certainly
didn't want to advertise Old Town La Quinta, stating dispensary shops may
come into play as well. Ms. Aylaian concurred.
Mayor Jonathan said it was disconcerting to hear the City wouldn't be ready
with an alternative by May 2019 when the contract expires, because that's
nine months from now. When it comes to technology and making change
that's in response to the market, and the City couldn't be making changes in
terms of decades, it needs to do it in terms of months. He understands the
City didn't have unlimited resources and he's sensitive to that, but if
something else needs to be bumped to make room for this, he would like to
know what that will be so Council can make an evaluation. He said the City
needed to be ready by the end of May in order for Council to understand the
options, including being ready to implement them whether that is a contract
with SunLine, FRED, or something else that enters the marketplace.
Councilmember Kelly added that SunLine isn't interested in being the
operator of every transit service, but interested in being a place of
coordination, housing the necessary expertise. In the next few months, it will
be a topic of discussion, and Council might find that SunLine can actually be
helpful in taking some of the work off staff in doing the research, so let's see
how that plays out. She noted that the biggest part of the motivation for
SunLine entering the Joint Powers Agreement (JPA), is so that member
jurisdictions don't have to duplicate transit expertise that SunLine can
provide.
Mayor Jonathan called for a recess at 5:45 p.m., and resumed the meeting at
5:55 p.m.
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D. REQUEST FOR APPROVAL OF 2018 PATRIOT RIDE FOR OUR HEROES
BIKE RIDE EVENT, OCTOBER 19-20, 2018 (CVSPIN, Inc., Applicant).
Management Analyst Amy Lawrence stated the request is from CVSPIN to
hold their 6th "Patriot Ride For Our Heroes" Charity Cycling Event at the Civic
Center Park in October. She noted the Applicant Michael Stearns was
available to answer questions.
Councilmember Nestande commented it was a great event and hopeful
Council will agree to sponsor it.
Councilmember Harnik said Palm Desert is a great supporter of all things
veterans and military. She asked how much money was raised for the
charities, because it was ambiguous, additionally, she questioned how the
organizers determine who gets the proceeds from the event.
MR. MICHAEL STEARNS, Applicant, replied that in May 2018, they gave
away $192,000 to various charities in the Coachella Valley. One of the
things they pride themselves on is that every dollar raised locally stays in the
Coachella Valley. The money they had raised was via both rides, The Tour
de Palm Springs, and Patriot Ride For Our Heroes. The organizations that
receive funds are the American Legion Riders, American Legion Posts,
VFW, Disabled Veterans, and first responders' organizations.
Councilmember Harnik asked who determines who receives those funds.
MR. STEARNS explained organizations have the ability to raise funds
through the event itself by selling raffle tickets or Rider Registrations.
Organizations come to him and ask to use the event to raise money. Raffle
tickets sell for $1 a piece and Rider Registrations can sell for $34 to $80. If
it's a CV organization, those funds stay in the Coachella Valley. If someone
was to sign up through The Disabled Veteran's Association for an $80 Ride,
those funds are given directly to them. Tourists' dollars that come from the
drive market or potentially Canada or somewhere else, those funds are used
to pay for expenses for the two rides and year-round expenses. Further
responding, he said the charities that come to them are signed up, there is
nothing that holds an organization back from taking part.
Councilmember Harnik asked how involved is Palm Desert in the results of
the Ride, and if CVSPIN would share their event financials.
MR. STEARNS replied that their financials had not been requested, but he
would be happy to provide it.
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Mayor Jonathan expressed he had similar concerns, and one requirement
he would want in place is to see financial results for this specific event,
segregated from Tour de Palm Springs or anything else CVSPIN does. He
wants to ensure that Palm Desert funds are being put to good use, while
ensuring transparency and financial propriety.
MR. STEARNS said he had no issues with that request, adding that none of
the board members or the founder is compensated; they are all volunteers.
Mayor Jonathan offered it wasn't that he was trying to impugn CVSPIN or all
the great things they have done in the past, but this is a separate event
coming to Palm Desert where sponsorship was requested, and Council's
responsibility is to ensure its partnering with an organization that's
transparent and has financial integrity, specific to the Palm Desert Event.
Councilmember Harnik agreed, stating Palm Desert is adding its name to the
event, so it wants to make sure of what it's accomplishing. Further, she
asked if CVSPIN was a new name.
MR. STEARNS replied it was not a new name, it was actually an acronym for
Coachella Valley Serving People In Need, and they have been around for 20
years. Previously it was "Different Spokes for Different Folks" dating back to
1999. He hoped Council will go out and join the celebration, adding this was
not just about a bicycle ride, because the Country was losing 22 veterans a
day, and these funds can make a difference in these folk's lives, so this was
very important to him.
Councilmember Harnik moved to by Minute Motion, approve: 1) Patriot Ride For Our
Heroes Bike Ride scheduled for Friday -Saturday, October 19-20, 2018, at Palm Desert
Civic Center Park; 2) event sponsorship in the amount of $5,000; 3) temporary waiver of
Palm Desert Municipal Code (P.D.M.C.) Sections: a) 11.01.140 - Amplified Sound in City
Parks; b) 11.01.080(0) - Placement of Advertising Signage in City Parks; c)11.01.080(Q) -
Vendor Sales in City Parks; d) 11.01.080(R) - Remain Overnight in City Parks;
e) 11.01.080(W) - Possession/Consumption of Alcohol in City Parks, pursuant to P.D.M.C.
9.58.040 — funds are available in Account No. 1104416-4306201, with the condition that
the City will receive a Profit and Loss Statement on this event. Motion was seconded by
Harnik and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan;
NOES: None).
Mayor Jonathan thanked Mr. Stearns for working with the City, and he looked
forward to a successful and awesome event in October.
Councilmember Harnik suggested getting some of the 29 Palms Marines to
Palm Desert for the event.
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E. REQUEST FOR AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL
HARDWARE UPGRADE PROJECT TO BEAR ELECTRICAL SOLUTIONS,
INC., IN THE AMOUNT OF $374,707.50 (CONTRACT NO. C35770,
PROJECT NO. 569-17).
Management Specialist Cora Gaugush stated this contract was for the
upgrade of hardware for 59 intersections throughout the City. She said staff
has vetted BEAR Electrical Solutions, Inc., because they had not worked in
Palm Desert before, so their references were extensively checked out. They
are prepared to do to the project for $374,707.50. She pointed out that the
City was going from 5-year bulbs to 15-year bulbs, which are recently
available in all colors, adding that green had been available for a number of
years, but now they include yellow and red.
Councilmember Harnik moved to, by Minute Motion, award/authorize: 1) Subject
contract for the Traffic Signal Hardware Upgrade Project to BEAR Electrical Solutions, Inc.,
Alvizo, California, in the amount of $374,707.50; 2) Director of Finance to set aside a 10%
contingency in the amount of $37,470.80; 3) Mayor to execute said contract — funds are
available in Account Nos. 2134250-4400100 - Measure "A" -Street Light/Traffic Capital
Projects and 2344250-4400100 - Street Light Maintenance. Motion was seconded by Kelly
and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES:
None).
Mayor Jonathan said he's always amazed to see the range of bids, because
one of them is over and twice as much as the low bid.
Ms. Gaugush agreed, stating it's one of the reasons she made a call to the
contractor to make sure they were accurate in their bid.
F. REQUEST FOR AWARD OF CONTRACTS FOR ON -CALL
TRAFFIC/TRANSPORTATION ENGINEER CONSULTANT SERVICES TO
ADVANTEC CONSULTING ENGINEERS, INC., AND INTERWEST
CONSULTING GROUP, INC., EACH FOR A TERM OF ONE YEAR IN A
TOTAL AMOUNT, IN AGGREGATE, NOT TO EXCEED $100,000.
Mr. Garcia stated the goal of having these contracts in place is to mitigate
not having these services available in-house due to recent retirements. Staff
plans on revisiting this once the vacancies are filled. Further, the City has
extended an offer, which has been accepted, to Mr. Randy Bowman who will
be starting in the Public Works Department as a Senior/Traffic
Transportation Engineer on September 4. He is from out-of-state, so it may
take him some time to get up to date with California regulations, but these
on -call services are greatly needed until the City is up to speed.
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Mayor Jonathan commended Mr. Garcia on utilizing two vendors in this
particular instance, which was novel and creative, it will be interesting to see
how it will work out.
Councilmember Harnik moved to, by Minute Motion: 1) Award subject contracts for
On -Call Traffic/Transportation Engineer Services to Advantec Consulting Engineers, Inc.,
Irvine, California (Contract No. C37390A), and Interwest Consulting Group, Inc., Palm
Springs, California (Contract No. C37390B), each for a term of one (1) year in a total
amount, in aggregate, not to exceed $100,000; 2) authorize Mayor to execute same —
funds are available in Public Works Administration Account, utilizing salary savings.
Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Kelly,
Nestande, Weber, and Jonathan; NOES: None).
G. REQUEST FOR AWARD OF CONTRACT FOR THE 2018 CITYWIDE TREE
PRUNING TO GEORGE SALINAS TREE PRESERVATION IN THE
AMOUNT OF $362,100 (CONTRACT NO. C36980, PROJECT NO. 932-18)
(JOINT CONSIDERATION WITH THE PALM DESERT HOUSING
AUTHORITY).
Landscape Supervisor Randy Chavez stated this contract is for the yearly
hardwood pruning of the trees for the Housing Authority properties and City
parks and medians. Additionally, staff is including Desert Willow Golf Resort
as part of this contract.
Councilmember/Member Harnik moved to, by Minute Motion, award/authorize:
1) Subject contract in the amount of $362,100 (City-$257,900; Desert Willow Golf Resort-
$60,000; Housing Authority-$44,200) to George Salinas Tree Preservation, Yorba Linda,
California; 2) Director of Finance to set aside a 10% contingency in the amount of $30,210
(City-$25,790, Housing Authority-$4,420) and 20% contingency for Desert Willow Golf
Resort ($12,000), for a total of $42,210; 3) Mayor/Chairman to execute the contract; 4) City
Manager to execute change orders in an amount of to exceed contingency amounts —
funds are available for portion of the contract relative to City and Assessment Districts in
Parks and Recreation Account Nos. 1104610-4332001, 1104610-4337100;
Repair/Maintenance Medians Account No. 1104614-4337001; Desert Willow Account
No. 4414195-4332000; and Assessment District Fund 200 Accounts; Housing Authority
funding for the contract services is identified in the 2017-2018 and 2018-2019 Housing
Authority Operating Budgets. Motion was seconded by Nestande and carried by a 5-0 vote
(AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
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H. CONSIDERATION OF A REQUEST BY ALLIED AFFORDABLE HOUSING,
LLC, TO EXTEND CONTRACT AND ENTITLEMENTS FOR PROPOSED
DEVELOPMENT OF ARC VILLAGE PROJECT AT THE HOUSING
AUTHORITY VACANT PROPERTY KNOWN AS APN 622-020-096 (JOINT
CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY).
Principal Planner Eric Ceja pointed out this was a joint consideration item
with the Housing Authority. Two years ago Allied Affordable Housing, LLC,
received entitlement approvals to construct an affordable housing complex
at Desert Arc on Country Club Drive. Project entitlements are valid for two
years, and the Applicant may apply for an extension. Because this project
also has a lease agreement with the Housing Authority, staff decided to
move the project entitlements to the City Council for its consideration along
with the request for the lease extension. This project was considered for an
extension by the Planning Commission and recommended approval of
extending the entitlements for another year to May 2019. One of the actions
for the Housing Authority is to also extend the lease for this land. The lease
will expire on January 2019, but the project entitlements are valid until May
2019. Therefore, staff is asking to extend and align both the lease and
entitlements to expire at the same time in May 2019. He noted Management
Analyst Jessica Gonzalez and the Applicant were available to answer
questions.
Councilmember/Member Harnik asked if this project went out for a Request
for Proposal (RFP).
Mr. Ceja indicated it did not.
Councilmember/Member Harnik said it's an important project and its been
stalled, which she found disappointing, but she wasn't going to stand in the
way of an extension.
Mayor Pro TemNice Chairman Weber pointed out that the City was not
holding it up, but if the extension wasn't approved, it would end this project.
She asked if it was ever resolved on how they were going to go in and out
from Country Club back to the project.
Mr. Ceja replied staff is in constant communication with the Board of Desert
Arc in discussing various options for access, stating the other concern raised
was security.
Councilmember/Member Kelly recalled the real hold up was the attempt to
qualify for State Tax Credit Allocations, which was kind of a long shot, but
worth taking. At this point, they are moving on to other sources of funding.
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Mr. Ceja agreed, stating he may ask the Applicant to come up and explain
the different sources of funding they have been pursuing. They did apply for
the State Tax Credit, but they haven't been able to secure it. Instead of
pursing that single source, they are now taking the approach of seeking
multiple funding.
Councilmember/Member Harnik asked that someone explain how this all
came about if there was no RFP.
Ms. Moore explained that back when this parcel was acquired by the
Housing Authority, staff worked with Desert Arc in identifying things that
would work with their community and clients they serve. Staff had local
developers come in, and because of the strategic location of the property
and the fact that it would only allow ingress and egress through the Desert
Arc parking lot, two developers said it wouldn't work for them. The third
developer, Allied Affordable Housing, LLC, approached staff about their
option and talked to Desert Arc about the project they were proposing. At
that time, Desert Arc representatives supported the project and brought that
forward. She reminded Council this was happening right around when
Redevelopment was eliminated. Because of the uniqueness of the parcel
and with no other developers interested, the parcel is landlocked. Staff
looked at every option to access that property through another mechanism,
but then ended up with drainage issues due to the location and how it's
situated. From this perspective, the City secured a drainage easement to the
homeowner to the south in anticipation of a project such as this, but Allied
was the only one that came forward with a compatible project for the
location. As stated previously, staff worked with a couple of developers and
suggested they look to secure financing in other ways, and another
developer wanted to actually expand the project. She said the City owns the
property to the east, Las Serenas, so staff considered an expansion of Las
Serenas, but because the wall would have to be opened up, it would have
created a different problem. It didn't appear that without significant amounts
of money, and having to cross properties that go all the way down to Villa
Portofino, that an adjustment could be made. Given the land lock, and the
fact that Allied's project would help support the clients that Desert Arc
serves, at that time, staff felt it was probably the best suggestion to the City
Council for approval.
Councilmember/Member Harnik recalled that at one time Desert Arc was
opposed to having anyone use their parking lot for ingress and egress, so
she's glad they chose to look at it differently.
Ms. Moore added she received communication from Richard Balocco that he
was okay with the extension. However, she's had conversations with him in
the past where he has indicated discussion will need to take place, whatever
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the project is, relating to the best solution for access, because it will be
challenging.
Councilmember/Member Harnik agreed, because at one time he was
absolutely opposed, adding the City needs to make sure ingress and egress
is acceptable to everyone.
Mayor/Chairman Jonathan asked who owned the property.
Ms. Moore said the Housing Authority owned the property. Further
responding, she said originally the property was owned by Desert Arc and
the Redevelopment Agency acquired/purchased the propertyforthe Housing
Authority with the idea that it would create something similar, expand Las
Serenas, or provide a housing option.
Mayor/Chairman Jonathan asked if the property would be given to Allied if
they can put this project together.
Ms. Moore explained that Allied will actually have a land lease, and they
have asked that if certain conditions are met that it be extended as well.
Therefore, the City does have a land lease with them and they do have
control of the site.
Mayor/Chairman Jonathan said he was hearing that if this particular operator
is not able to make this happen, then the City needs to move to Plan B. He
personally didn't have a problem with the extension, but it gets to a point
where the City couldn't just have Allied keep on trying. He suspected this
formula would work for others. Once Desert Arc gives access, then it
becomes a very usable lot.
Ms. Moore added that Mr. Balocco indicated to her months ago that his
acceptance in a situation with this project designed the way it is and for the
clients it's designed for, that access will be very limited. She said some of
the clients do not drive, so they would not have access except pedestrian
access. A lot of the access for ingress and egress would be for employees,
and that would be at the community itself.
Mayor/Chairman Jonathan replied he understood and recalled that
conversation, but his point was that if this operator can't make it a reality,
there are others who can. There has to be a point where there is a better
alternative, and in his mind May 2019 would be that point.
Councilmember/Member Kelly stated Council didn't want to prejudge,
because it could be in a situation where there has been substantial progress.
What seems meaningful to her is that an extension is being sought to afford
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an opportunity to build one thing without the tax credit, so that option needs
to be exhausted.
Councilmember/Member Harnik believed everyone wants to see this project
get done, but it has gone on for a long time.
Councilmember/Member Kelly moved to, by Minute Motion: 1) consider a request
by Allied Affordable Housing, LLC, Santa Monica, California, to extend Contract No.
HA34970 and Case No. PP/CUP 16-102, entitlements through May 17, 2019, for the
proposed development of the Arc Village Project at the Authority's vacant property known
as APN 622-020-096; 2) authorize legal counsel to prepare and finalize an extension
contract; 3) authorize the Chairman and/or Executive Director, or designee, to execute any
necessary actions, including executing the negotiated extension contract and any and all
documents necessary to facilitate the contract and the Arc Village Project. Motion was
seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and
Jonathan; NOES: None).
XVII. CONTINUED BUSINESS
A. INFORMATIONAL REPORT, RELATED TO TEMPORARY SALES OF
AUTOMOBILES IN THE CITY (Continued from the meeting of June 28,
2018).
Principal Planner Eric Ceja stated staff met after the last City Council
meeting with the representatives from Westfield Mali and explained what the
City was looking at for Temporary Use Permits for automobile sales on site.
They felt it was an important part of their operations and staff emphasized
to them that it will be vetting those requests more closely.
Mayor Jonathan said he didn't want to rob Westfield of additional revenue
opportunities, but he certainly didn't want to do it to the detriment of the City.
He said he still struggles with the image he saw in the past, stating he rather
see a University Town Center, today's kind of mall, and not one that has a
used car sale on a prominent corner such as Monterey Avenue and Highway
111. He asked that the City Council be notified when an application is
received from Westfield for a car sale.
Mr. Ceja agreed to do so.
With City Council concurrence, the informational report related to temporary
automotive sales events in the City was received and filed.
XVIII. OLD BUSINESS
None
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XIX. PUBLIC HEARINGS
None
XX. ADJOURNMENT
With City Council concurrence, Mayor Jonathan adjourned the meeting at 6:23 p.m.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
SABBY JONATHAN, MAYOR
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