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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 12, 2017
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Harnik convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Mayor Pro Tem Sabby Jonathan
Councilmember Kathleen Kelly
Councilmember Gina Nestande
Councilmember Susan Marie Weber
Mayor Jan C. Harnik
Also Present:
Lauri Aylaian, City Manager
Robert W. Hargreaves, City Attorney
Rudy P. Acosta, Assistant City Manager
Rachelle D. Klassen, City Clerk
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
Lori Carney, Director of Human Resources
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
Bo Chen, City Engineer
Stephen Y. Aryan, Risk Manager
John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Lt. Coby Webb, Acting Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
Grace L. Mendoza, Deputy City Clerk
I11. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
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IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
Number of potential cases: 3
B. Conference with Labor Negotiator pursuant to Government Code
Section 54957.6:
Agency: Lauri Aylaian/City of Palm Desert
Employee Organization: Palm Desert Employees Organization
With City Council concurrence, Mayor Harnik adjourned the meeting to Closed
Session at 3:02 p.m. She reconvened the meeting at 4:01 p.m.
Note: Mayor Pro Tem Jonathan left at 3:48 p.m. and was absent for the remainder of
this meeting.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Hargreaves stated that direction was given, but there were no reportable
actions taken.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA- Palm Desert Charter Middle School
ASB Members and 8'h Graders
Wendy Arvide and Shany Yohay
VII. INVOCATION - Mayor Jan C. Harnik
VIII. AWARDS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY,
JANUARY 12, 2017, AS "DR. IRVING M. GREENBERG DAY" IN THE CITY
OF PALM DESERT.
On behalf of the entire City Council, Mayor Harnik presented the
proclamation to City Management Analyst Deborah Schwartz Glickman on
behalf of Dr. Greenberg's family, and she reported that Dr. Greenberg's
family would be watching this presentation live online.
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Ms. Schwartz Glickman said she'd worked closely on this project with
Mark Greenberg, Dr. Greenberg's son, and he personally visited and was
very happy with the selected site for placement of the artwork in Civic Center
Park. She went on to say that the Greenberg Family is thrilled to have
artwork in the Park, as is the City, and it's already sparked a lot of good
feedback. She added that the docents were getting trained and ready to
provide tours with inclusion of the newly installed Mesa. She displayed
photos of the actual installation process, which was a delicate operation for
the 2,000-pound+ piece that went very well.
B. PRESENTATION OF PROCLAMATION DECLARING JANUARY 22-28,
2017, AS "PALM DESERT SCHOOL CHOICE WEEK" IN THE CITY OF
PALM DESERT.
On behalf of the entire City Council, Mayor Harnik presented the
proclamation to Palm Desert Area Chamber of Commerce President/CEO
Laurie Baldwin.
C. PRESENTATION TO THE CITY COUNCIL BY QUEEN SCHEHERAZADE
AND HER COURT AS AMBASSADORS OF THE RIVERSIDE COUNTY
FAIR AND NATIONAL DATE FESTIVAL, FEBRUARY 17 - 26, 2017.
MS. NGAN NGUYEN, Queen Scheherazade; MS. ALYSSAH MOFFATT,
Princess Dunyazade; and MS. MAYA JONES, Princess Jasmine, each
greeted the City Council, provided background on themselves, and
personally invited City Councilmembers and all present to visit and enjoy the
upcoming Fair, February 17-26, highlighting the many events and activities
to be held there this year. They presented brochures and lapel pins, thanked
Councilmembers for the opportunity make this presentation and offered to
answer questions.
IX. ORAL COMMUNICATIONS - B
Mayor Harnik noted for the record that MR. KENNETH DORAN had turned in a card
for speaking under Oral Communications, but he left the meeting prior to this point
in the agenda.
X. MAYOR AND COUNCILMEMBER COMMENTS TO THE COMMUNITY
A. 2017-2018 El Paseo Exhibition
Mayor Harnik reported that the new El Paseo Artwork Exhibition is on
display, 18 new sculptures are sited on the boulevard there for the next two
years, inviting everyone to go out to take a look and enjoy them. She added
that the City also now has an Otocast App that can be used to learn more
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about the pieces, which is available from the Public Art page of the City's
website (www.citvofoalmdesert.ora).
B. Southern California Association of Governments (SCAG)
Mayor Harnik announced that recently SCAG received a presentation by the
Air Resources Board (ARB) regarding Greenhouse Gases and their impact;
they will be designating significant new goals, which are well beyond
anything that's been undertaken previously. She acknowledged that the
local community and the Southern California Region have so far worked very
hard and successfully to attain any challenge they've been given. However,
the requirements coming out seem to be particularly onerous and will affect
everyone's daily life (e.g. cars, energy, etc.). Today she wanted everyone
to be aware and plan on doing their best to comply.
XI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of December 8 and
December 22, 2016.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 11/18/2016, 11/30/2016, 12/16/2016, and 12/22/2016.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 12/2/2016, 12/9/2016, 12/16/2016, and 12/23/2016 (Joint
Consideration with the Palm Desert Housing Authority).
Rec: Approve as presented.
D. CLAIM AGAINST THE CITY (#782) by Timothy Whiting in the Amount of
$75,000.
Rec: By Minute Motion: 1) Reject that portion of said Claim that accrued
not more than one year before filing of the Claim that does not involve
death, injury to person or to personal property, or growing crops;
2) direct City Clerk to return as late, without action, that portion of said
Claim that accrued more than one year before the filing of the Claim
and that does not involve death, injury to person or to personal
property, or growing crops, because it was not presented within one
year after the event or occurrence as required by law (Government
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Code Section Nos. 901 and 911.2); 3) authorize City Clerk to so notify
the Claimant, accordingly.
E. CLAIM AGAINST THE CITY (#783) by Jaime Ramirez, Sulema Ramirez
Sabas, and Yolanda Jara in an Unspecified Amount.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimants.
F APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Food Court
at Cook, LLC, 75046 Gerald Ford Drive, Suite B101, Palm Desert.
Rec: Receive and file.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Venus De Fido,
Inc., 73600 Alessandro Drive, Palm Desert.
Rec: Receive and file.
H. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of
October 2016 (Joint Consideration with the Successor Agency to the
Palm Desert Redevelopment Agency).
Rec: Receive and file.
I. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Audit, Investment & Finance Committee Meeting of October 25, 2016.
2. Library Promotion Committee Meeting of September 21, 2016.
3. Marketing Committee Meeting of September 20, 2016.
4. Youth Committee Meeting of November 7, 2016.
Rec: Receive and file.
J. LETTER OF RESIGNATION from Joan Beasley - Library Promotion
Committee.
Rec: Receive with very sincere regret.
K. LETTER OF RESIGNATION from Raymond Rodriguez Jr. - Parks &
Recreation Commission.
Rec: Receive with very sincere regret.
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L. REQUEST FOR ADOPTION OF RESOLUTIONS - Setting Forth Findings
and Authorizing the Destruction of Paper Records that Have Been Digitally
Imaged from the Department of Building & Safety, to Rely On the Electronic
Record as the Official Record - Records Dated August and September 2015.
Rec: Waive further reading and adopt Resolution Nos.: 1) 2017 - 01 -
August 2015 Records; 2) 2017 - 02 - September 2015 Records.
M. RESOLUTION NO. 2017 - 03 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Paper Records from the Department of Community
Development/Planning, as Indicated on the Records Retention Schedule
(Adopted May 14, 2015) — Records from 1984 through 2010 (Exhibit "A").
Rec: Waive further reading and adopt.
N. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal — Miscellaneous Office Equipment and Electronics.
Rec: By Minute Motion, declare items on the accompanying staff report's
Exhibit "A" as surplus property and authorize disposal, as appropriate.
O. REQUEST FOR APPROVAL of a Temporary Use Permit, Waiving Sections
9.58.010 and 9.58.020 of the Palm Desert Municipal Code to Allow the
Consumption of Alcoholic Beverages on City -Owned Property at 43930
San Pablo Avenue (Family YMCA of the Desert, Applicant).
Rec: By Minute Motion, approve Temporary Use Permit 16-358, waiving
Sections 9.58.010 and 9.58.020 of the Palm Desert Municipal Code
to allow the consumption of alcoholic beverages on City -owned
property at 43930 San Pablo Avenue (Family YMCA of the Desert),
subject to conditions.
P. REQUEST FOR APPROVAL of an Exception to Palm Desert Municipal Code
Section 9.58.010 — Consumption of Alcoholic Beverages on Public Property -
for the Sale and Consumption of Alcohol by The Joslyn Center, 73750
Catalina Way (Joslyn Center, Applicant).
Rec: By Minute Motion: 1) Approve an exception to Palm Desert Municipal
Code Section 9.58.010 — Consumption of Alcoholic Beverages on
Public Property — at the Joslyn Center (73750 Catalina Way) for an
event on January 22, 2017; 2) authorize City Manager to sign the
Daily License Application from the California Department of Alcoholic
Beverage Control for this event.
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Q. REQUEST FOR AUTHORIZATION for the Mayor to Execute a Grant of
Easement to the Coachella Valley Water District (CVWD) for Pipeline and
Incidental Purposes Located in President's Plaza West, South of the
Proposed Tower Market, Currently the 76 Service Station (Tower Energy,
Applicant).
Rec: By Minute Motion, authorize the Mayor to execute a Grant of
Easement to CVWD for pipeline and incidental purposes in
President's Plaza West, south of the proposed Tower Market,
currently the 76 Service Station, to accommodate the proposed Tower
Market Project.
R. REQUEST FOR AUTHORIZATION to Purchase an MSA E6000 Plus
Thermal Imaging Camera for the City of Palm Desert Fire Department from
Fire -Etc in the Amount of $8,046.
Rec: By Minute Motion, authorize the Palm Desert Fire Department to
purchase an MSA E6000 Thermal Imager from Fire -Etc, San Diego,
California, in the amount of $8,046 — monies are available for this
purchase within Equipment Replacement Fund Account
No. 5304220-4404000.
S. INFORMATIONAL REPORT Comparing the State of California's and City of
Palm Desert's Single -Use Plastic Bag Ban Policies.
Rec: By Minute Motion, receive and file the report.
Item S — Mayor Harnik commented that the City of Palm Desert came out in
front of most other cities, certainly before the State, on this issue. It worked
hard and long with the Sustainability and Youth Committees to come up with
a ban that, after reviewing what was passed at the November 8, 2016,
Election, is far more business -friendly, yet effective for the environment. She
hoped everyone was proud of that fact, and that once again, Palm Desert is
out ahead.
Upon a motion by Weber, second by Kelly and 4-0 vote of the City Council (AYES:
Kelly, Nestande, Weber, and Harnik; NOES: None; ABSENT: Jonathan), the Consent
Calendar was approved as presented.
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XII. CONSENT ITEMS HELD OVER
None
XIII. RESOLUTIONS
A. RESOLUTION NO. 2017 - 04 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING PARCEL
MAP NO. 36614 (Steve Doctor, C & SD Construction, Inc., Applicant).
Mr. Greenwood stated this map is at the northwest corner of Fred Waring
Drive and Highway 111; it separates one oddly shaped parcel in the shape
of an upside down horseshoe into two parcels.
Mayor Harnik noted that Mr. Greenwood previously answered all her
questions and understood the map now.
Councilmember Kelly moved to waive further reading and adopt Resolution
No. 2017-04. Motion was seconded by Nestande and carried by a 4-0 vote (AYES: Kelly,
Nestande, Weber, and Harnik; NOES: None; ABSENT: Jonathan).
B. RESOLUTION NO. 2017 - 05 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL
SUBDIVISION MAP OF PARCEL MAP NO. 36700 (St. Margaret's Episcopal
Church, Applicant).
Mr. Greenwood stated this map subdivides the existing St. Margaret's
Church property, separating the school buildings from the church building.
Councilmember Weber moved to waive further reading and adopt Resolution
No. 2017 - 05. Motion was seconded by Nestande and carried by a 4-0 vote (AYES: Kelly,
Nestande, Weber, and Harnik; NOES: None; ABSENT: Jonathan).
C. RESOLUTION NO. 2017 - 06 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING PARCEL
MAP NO. 36838 (Thomas Nowlan, Applicant).
Mr. Greenwood explained that this map subdivides a large single-family
home lot in Ironwood Country Club into three lots.
Councilmember Weber moved to waive further reading and adopt Resolution
No. 2017 - 06. Motion was seconded by Kelly and carried by a 4-0 vote (AYES: Kelly,
Nestande, Weber, and Harnik; NOES: None; ABSENT: Jonathan).
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D. RESOLUTION NO. 2017 - 07 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE
DISTRIBUTION POLICY OF TICKETS AND/OR PASSES TO CONFORM
WITH SECTION 18944.1 OF TITLE 2, CALIFORNIA CODE OF
REGULATIONS, AS AMENDED BY THE FAIR POLITICAL PRACTICES
COMMISSION.
Mr. Hargreaves said this was an update of the existing distribution policy,
bringing the City current with State law and best practices.
Councilmember Kelly referred to page 4, Section 6 - Public Purpose for
Which Tickets Maybe Distributed, stating she understood these to be
alternative ways of establishing a governmental purpose. In other words, it
didn't have to be cumulative but as an alternative. Although she took that
to be true, she couldn't find any place in the terms that clearly makes that so.
She suggested that the introductory clause could state, "... under one of the
following public and governmental purposes."
Councilmember Kelly moved to waive further reading and adopt Resolution
No. 2017 - 07, as amended in Section 6 (p. 4), to say in the last phrase of the introductory
clause, "...under one of the following public and governmental purposes." Motion was
seconded by Weber and carried by a 4-0 vote (AYES: Kelly, Nestande, Weber, and Harnik;
NOES: None; ABSENT: Jonathan).
XIV. ORDINANCES
A. For Introduction:
1. ORDINANCE NO. 1314 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING AND
REPLACING CHAPTER 2.04 OF THE PALM DESERT MUNICIPAL
CODE — CITY MANAGER.
Ms. Carney stated that in the fall, the City Council started a negotiation
process with the new City Manager. Part of that process allowed staff to look
at the existing municipal code in terms of establishing the Office of the City
Manager, which had been established in 1973. She said staff identified a
couple of items that needed to be modernized or revised to comport with
current law. There was also direction from the City Council to make certain
changes in terms of how their relationship would be with the City Manager.
Most of those are codified in the City Manager's Employment Agreement.
At the time the Employment Agreement was adopted, the City Council was
informed that there would need to be changes made to the municipal code
to be consistent. She said the City Attorney's Office has prepared those
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changes and organized the language in a better way, and that document is
before the City Council this evening.
Councilmember Weber moved to waive further reading and pass Ordinance
No. 1314 to second reading. Motion was seconded by Nestande and carried by a 4-0 vote
(AYES: Kelly, Nestande, Weber, and Harnik; NOES: None; ABSENT: Jonathan).
2. ORDINANCE NO. 1315 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, REVISING
SECTION 2.52.705 OF THE PALM DESERT MUNICIPAL CODE —
PERSONNEL SYSTEM — BENEFITS, VACATION LEAVE.
Ms. Carney noted this was a related action to Ordinance No. 1314, because
when the Employment Agreement was negotiated with the City Manager,
one of the terms negotiated was for paid time off as opposed to vacation.
Therefore, in order to be consistent with that Agreement, it's necessary for
the City to designate that position as separate from other City employees.
Staff added a different category of employees who are subject to a Labor
Agreement.
Councilmember Kelly moved to waive further reading and pass Ordinance No. 1315
to second reading. Motion was seconded by Nestande and carried by a 4-0 vote (AYES:
Kelly, Nestande, Weber, and Harnik; NOES: None; ABSENT: Jonathan).
B. For Adoption:
None
XV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION TO REIMBURSE PALM DESERT
UNIVERSITY GATEWAY, LLC, IN THE AMOUNT OF $800,000 FOR
UTILITIES AND STREET IMPROVEMENTS MADE TO DINAH SHORE
DRIVE (Palm Desert University Gateway, LLC, Applicant).
Mr. Greenwood stated that during the entitlement and approval process for
the Millennium Project, the City agreed to reimburse the developer for cost
for the completion of Dinah Shore Drive between Portola Avenue and Gerald
Ford Drive. Those improvement are in the process of being complete and
the developer has submitted preliminary invoices and they need to get paid.
Additionally, staff is asking the Council to authorize reimbursement in an
amount not to exceed $800,000 rather than for the exact amount.
Councilmember Nestande moved to, by Minute Motion: 1) Appropriate funds for
reimbursement to Palm Desert University Gateway, LLC, in an amount not to exceed
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$800,000 for utilities and street improvements made to Dinah Shore Drive; 2) authorize the
Finance Director and City Manager to determine the proper proportionate amounts from
Measure "A" Fund 213 and Parks Fund 233, based upon the cost of the improvements.
Motion was seconded by Kelly and carried by a 4-0 vote (AYES: Kelly, Nestande, Weber,
and Harnik; NOES: None; ABSENT: Jonathan).
B. REQUEST FOR APPROVAL OF THE 2017 TENNIS EXPO AT CIVIC
CENTER PARK TENNIS COURTS, TO BE HELD ON FEBRUARY 4, 2017,
AND TEMPORARY WAIVERS OF THE MUNICIPAL CODE FOR THE
EVENT (Pete Carlson's Golf & Tennis, Applicant).
Management Analyst Kim Warpinski stated she handled matters pertaining
to Parks and Recreation and offered to answer questions.
Councilmember Nestande moved to, by Minute Motion, approve: 1) The 2017
Tennis Expo at Civic Center Park Tennis Courts scheduled for Saturday, February 4, from
10:00 a.m. - 5:00 p.m.; 2) temporary waiver of Palm Desert Municipal Code Section
11.01.080(0) - Erection of Advertising Signage in Parks; 3) temporary waiver of Palm
Desert Municipal Code Section 11.01.080(Q) - Prohibited Conduct Generally in City Parks -
Vendor Sales; 4) temporary waiver of Palm Desert Municipal Code Section 11.01.140 -
Amplified Sound. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Kelly,
Nestande, Weber, and Harnik; NOES: None; ABSENT: Jonathan).
C. REQUEST FOR APPROVAL OF THE 2017 "FIGHT THE BITE" 5K AND
HEALTH & RESOURCE FAIR EVENT DATE, TRAFFIC CONTROL PLAN,
AND TEMPORARY WAIVER OF NOISE ORDINANCE (Coachella Valley
Mosquito and Vector Control District, Applicant).
Management Analyst Kim Warpinski offered to answer questions.
Councilmember Nestande stated she liked that the City was doing all these
5K runs, but there is also the Bunny Hop 5K the next day, she wondered if
the dates conflicted by having them back to back on a Saturday and Sunday.
Ms. Warpinski said she spoke with Amy Lawrence in Special Events and she
didn't express any concerns.
Councilmember Kelly moved to, by Minute Motion, approve: 1) The 2017 "Fight The
Bite" 5K and Health & Resource Fair on Saturday, April 8; 2) proposed event route and
road closures; 3) temporary waiver to Palm Desert Municipal Code Section 11.01.140 -
Amplified Sound; 4) temporary waiver of Palm Desert Municipal Code Section
11.01.080(0) - Erection of Advertising Signage in Parks. Motion was seconded by
Nestande and carried by a 4-0 vote (AYES: Kelly, Nestande, Weber, and Harnik; NOES:
None; ABSENT: Jonathan).
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D. PRESENTATION OF THE PALM DESERT AQUATIC CENTER (PDAC)
FIVE-YEAR OVERVIEW.
Ms. Aylaian stated she thought it was time, after five years of use, to revisit
the original goals that were established for the Aquatic Center and determine
if they were met. At the time the Aquatic Center was originally developed,
there were plans for potential future expansion and certain financial goals,
so she thought this would be an opportune time to reflect on what has been
accomplished and share it with the City Council. Then listen to the City
Council for any suggestions on what staff should be doing better or
differently to enhance services for the public.
Ms. Warpinski stated the facility was designed as a true multi -use facility. It's
a 50-meter Olympic sized lap pool, a recreational pool with two water slides,
kid's splash pad with water feature, full locker rooms with showers,
bathrooms, meeting/event space and concessions. Over the past five years,
the City has had a partnership with the YMCA keeping the doors open on a
day-to-day basis managing all operations. She said they have gone above
and beyond to create programming at the facility, which helps the City meet
its recovery goal of 60% that was set by the City Council when the Aquatic
Center was first established. Whatever is not recovered, it comes out of the
City's General Fund. To date, $6.7 million has been allocated to keep the
facility open and running, and of that, $6.2 has been spent, bringing the City
just 5% under budget. Over the past five years the facility has generated
$3.7 million in revenue, which averages to a 59.6% cost recovery. When the
City conceptualized the facility the following goals were set:
1. Thrivina Community Pool - Staff believes this goal has been achieved
with 150,000 residents using the facility over the five-year period, and
it didn't include lap swimmers or user groups, with an additional
235,000 non -City residents. Responding to question, she confirmed
the 150,000 number included recurring residents using the facility.
2. Affordability to the Community - She said the City prides itself on the
fact that entry rates haven't been raised since year one.
3. A 60% Cost Recovery - This goal has been achieved for three of the
five years so far.
4. Robust Proarammina - It was the City's intent to appeal to a wide
variety of City residents. The Aquatic has had 42 unique programs
since year one.
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5. User Group Popularity - She said the facility has 64 user groups
renting the facility, which consist of school swim teams, swim clubs,
etc.
She displayed the Cost Recovery Overview slide, pointing out that the initial
recovery rate was actually 55% with the goal to reach 60% by year five; the
goal was met in year three. The main takeaway of the cost recovery
overview is to notice the upward trend of recovery and the tapering off
slightly in year five because the facility is aging and it has extremely high
use; naturally maintenance costs have increased. The next slide showed the
facilities expenses, which was broken down to three main categories. The
first one is the YMCA expense with the lion share at 78%, representing
mainly staffing cost. She said it requires a lot of man power to run a facility
of this scope. The second category is maintenance at 13%. She said the
facilities contract with Knorr, a company that specializes in maintaining
aquatic facilities of this nature, is who the City uses to purchase all the
chemicals for the pool, and they also provide the monthly inspections of the
facility. The last category is Utilities at 9%, which includes water, gas, and
electric. She added that staffing costs are gradually rising due to minimum
wage increases and will be hard pressed to hit that 60% recovery. With
drought penalties fees and gas rate increases, Utilities have seen the largest
increase. Also, maintenance costs are slowly increasing because the facility
is aging requiring increased repairs and replacements. The purchase of
chemicals remain fairly consistent.
Councilmember Kelly stated she noticed that chemical and maintenance cost
were highest in year one, questioning if that was due to start-up issues.
Mr. Stendell explained that in the first year of operations the City employed
two maintenance contractors, one for day-to-day cleaning and one for major
maintenance items. Staff learned that not only did the contractors bicker all
the time, having the YMCA have their own employee for maintenance was
a better approach and at a lesser rate.
MS. KAREN CREASEY, Palm Desert Aquatic Center Manager, noted David
Keyes is the Assistant Manager at the Aquatic Center who specifically works
with programming and lane rentals, stating he will participate as part of this
presentation. The revenues for the Aquatic Center over the span of five
years is $3.7 million, which has been broken down into five categories as
follows: 1) Daily Admissions - It is the highest income generator; 2) Programs
- It includes swim lessons, water aerobics classes, etc., it is the second
highest revenue source; 3) Facility Rentals - This includes swim teams and
special groups or anyone that rents a lane or space; 4) Food and Beverage;
5) Retail Sales - the sale of towels and shirts. She went on to display a slide
that represented five years. She said year one spiked because it was the
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newest thing on the market, but then it honkered down into a more normal
entrance. In the beginning there was discussion about lifting the floor in the
lowest months of December, January, and February period. As shown in the
slide, that floor is lifting little by little, because programs are getting stronger.
She said high revenues occur in the warm months, because recreation swim
is booming, but overall the trends remain consistent throughout all five years.
MR. DAVID KEYES, Palm Desert Aquatic Center Assistant Manager,
reported that 1 s` Year Notables were that they hired staff, created programs,
and rented to multiple user groups. For example, scholastically, they had
Xavier High School build a Palm Desert Swim Club. The 2"d Year Notables
is that they reached out to universities around the country as well as
internationally. Several users from Canada have come back to use the
facility. The University of British Columbia being one and a swim club from
Canada that likes to visit the Aquatic every other year. For 3' Year
Notables, they have expanded their individual programs, predominately with
the Water Aerobics and Silver Sneakers Programs, bringing the senior
community into the pool by using their Medicare to facilitate them. The 4'
Year Notables is that they focused on expanding and upheld the high
standards by adding more water aerobics classes to meet the needs of the
community. In year five, they have put a lot of emphasis into the group swim
lessons to make it something that parents want to come back for. However,
the facility is starting to wear and tear and things are no longer on warranty
as they have run out. The feedback from the community is that 95% of it is
positive. Negative feedback is referenced to equipment, facilities items, or
program improvements.
MS. CREASEY added there have been surprises along the way, stating staff
is surprised how heavily used this facility has been. It's awesome, but it has
included having to buy new furniture, new umbrella's, etc., things that were
not foreseen to be needed right away, including pool covers. The programs
have been exceptionally positive with a 12% and 22% increase, so that was
a great surprise along the way. We also found out that PDAC is very
photogenic and TYR has come in, they are a rival to Speedo and Nike,
stating they have used the facility to take pictures for photoshoots and
commercial materials. The Aquatic has been a true impact on the
community where lives have been changed, stating she had stories to share
if anyone wanted to know about them. Going forward, they are looking at
goals for 2017, but their number one priority is and always will be safety.
They want to continue to increase swim lessons by 20% this year by adding
additional partners for lane rentals. Also, they plan to implement a lecture
series that focuses on health and wellness into the community. The goal is
to expand land fitness offerings, as they found it's an easy way to bring in
some revenue without impacting the water. Lastly, they want to facilitate
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hosting one large swim meet. She believed they will continue to hit the 60%
recovery by the end of 2017.
Councilmember Nestande said she's been to the facility several times and
it seems to be well run. She said her children enjoy it, especially in the
summer, and it was such a plus for the community.
Councilmember Kelly concurred and commended the work being done there.
Her one question is that several times during the presentation, the Aquatic
is referred to as an aging facility. She asked if staff felt it was on top of
assuring it has both a fresh appearance and adequate facilities.
Mr. Stendell said they did, adding they took the depreciation schedule with
the construction document of the facility and turned that into a quasi capital
replacement schedule. Propellers are to be replaced at eight years and
major pumps at 15 years, so staff set time lines for major maintenance that
needs to occur at the facility. However, the facility has a mind of its own, in
that you can never plan for the July 3rd evening hour chlorine -line break,
which are unpredictable, but he believes they are doing a good job of
planning for major maintenance issues.
Mayor Harnik said the Aquatic Center is one of the City's amenities, where
she receives positive comments about. She shared that at a bakery the
other day, a gentlemen was there and talked about how he was barely able
to walk, he had been in an accident, and through therapy at the Aquatic he
was able to recover, which changed his life. She said it was so great to hear
those stories, and she likes going over to the Center to see the positive
attitudes, which she believes starts with the leadership there.
Councilmember Nestande moved to, by Minute Motion, receive and file the report.
Motion was seconded by Kelly and carried by a 4-0 vote (AYES: Kelly, Nestande, Weber,
and Harnik; NOES: None; ABSENT: Jonathan).
E. INFORMATIONAL REPORT ON NEW TOURISM AD CAMPAIGN.
Tourism & Marketing Manager Thomas Soule noted the staff report, which
was an informational report on the City's new ad campaign. This campaign
was created in partnership with the City's creative agency, which is H&L
Partners out of St. Louis, Missouri. As a replacement for the "Feel the
Warmth" campaign which had been running in various iterations for the past
five years. The City was overdue for a new campaign, which it now has.
The campaign that staff is presenting today carries the tag "So Worth It," and
the goal is to promote the concept that Palm Desert delivers elevated,
memorable, and worthwhile experiences to potential visitors. This campaign
tested well with consumers, 70% of whom stated that after viewing the
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campaign, they were likely or extremely likely to consider visiting Palm
Desert, which is exactly what staff wants to hear. The print ads which are
currently deployed in magazines is targeting the drive market of Los Angeles
or Orange and San Diego Counties. It is supplemented by online digital ads,
including a 15-second video that is shown to potential visitors in the drive
market as a quick ad that runs prior to an online Utube video. He presented
the 15-second ad video to the City Council.
Councilmember Weber commented she would have liked the tag of "So
Worth It," to have been more clear.
Mayor Harnik stated there was a lot of conversation in the Marketing
Committee about this campaign and it was well received.
Mr. Soule agreed, stating it was very helpful having the Marketing Committee
oversee the production of this campaign.
Councilmember Nestande asked how many choices were respondents given.
Mr. Soule said two campaigns were presented after dwindling down from five
options the agency came up with, adding staff was pleased with the
response rate that helped provide a solid idea on how people would respond
to this campaign. Further responding, he said he didn't have the analytics
to the consumer testing with him, but he would be happy to provide it at a
later time. In general, staff was screening people to match the demographic
it was aiming to reach with the ads. They went for a nice mix of men and
women ages 30-50 and households with incomes higher than $100,000.
Staff learned that many had heard of Palm Desert before, so this ad was
adding to the knowledge they already had.
Councilmember Nestande moved to, by Minute Motion, receive and file the report.
Motion was seconded by Weber and carried by a 4-0 vote (AYES: Kelly, Nestande, Weber,
and Harnik; NOES: None; ABSENT: Jonathan).
F. REQUEST FOR APPROVAL OF THE CITY COUNCIL
INTERNAL/EXTERNAL LIAISON ASSIGNMENTS FOR 2017.
Ms. Klassen stated she misunderstood the direction she was given regarding
the report that stated all Councilmembers were consulted for their choices,
but she understands that was not to be the case at this juncture. However,
the Mayor and Mayor Pro Tem did meet and they tried to best match
Councilmembers to what they felt would be good fits for the five
Councilmembers to serve on both internal and external bodies, which is
being presented for approval or amendment.
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Councilmember Kelly said she appreciated the work that Mayor and Mayor
Pro Tem did.
Councilmember Kelly moved to, by Minute Motion, approve City Council
Internal/External Liaison Assignments for 2017, as presented. Motion was seconded by
Weber.
Councilmember Nestande stated she was so happy to be serving on the
Committees she was given and looked forward to it, adding she hoped that
next year she could have a little bit more input.
Mayor Harnik commented that there have been times when Councilmembers
have been surprised by their assignment, but later delighted they had an
opportunity to participate in certain committees/commissions they thought
they had no interest. She believes Councilmembers become more valuable
to the City through that process.
Mayor Harnik called for the vote and the motion carried by a 4-0 vote (AYES: Kelly,
Nestande, Weber, and Harnik; NOES: None; ABSENT: Jonathan).
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
AT LEAST 72 HOURS PRIOR TO THE MEETING.
G. CONSIDERATION OF AN INTERIM URGENCY ORDINANCE
ESTABLISHING A TEMPORARY MORATORIUM ON THE ISSUANCE OF
SHORT-TERM RENTAL PERMITS, Case No. ZOA 16-364 (City of
Palm Desert, Applicant).
Mr. Stendell stated that the proposed Interim Urgency Ordiance would
establish a 45-day Moratorium on the issuance of short-term rental permits
within the City of Palm Desert. Staff has been following the effects of short-
term rentals in Palm Desert's residential neighborhood for some time now
and based on regulatory changes other local cities have made which might
make investors look at Palm Desert or other Valley cities, staff became
concerned. Therefore, staff is proposing a temporary moratorium, which is
not an all out operations ban on short-term rentals within the City, it was
simply a time-out. It will provide staff time to take a look at the City's policies
and procedures, and if there are any recommended strategies moving
forward, staff will return to the Council at a later date. Part of staff's
recommendation is for two Councilmembers volunteer to participate in a
short-term rental review committee who may be responsible for returning
back to the full City Council for a proposed action. At this point, staff is
recommending approval of the Interim Urgency Ordinance and creation of
the Short-term Rental Review Committee. This Urgency Ordinance requires
a 4/5 vote of the City Council.
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Councilmember Kelly stated that while she supported what staff was
proposing, she anticipates it will be a difficult task to strike an appropriate
balance within the 45-day period, questioning if it was adequate time.
Mr. Hargreaves explained that the Government Code has a process for
urgency ordinances and it allows cities to impose moratoriums for a 45-day
period. He anticipates staff will return with a report about what the City's
doing and what the plan is going forward, adding that the moratorium can be
extended up to two years. He said the City will have plenty of time to sort it
out. Also, within that 45-day period, staff believes word will get out in the
community, and at that point, there could be more community input up front.
Councilmember Nestande commented she believed this issue was about Air
BNB and VRBO type of rentals, and for the most part, it's been working well
and the City gets TOT from it, and the TOT rale was just increased as well.
She hoped that within the shortest amount of time, the City can make sure
that residents that live here full-time are protected and hoped it wouldn't take
two years to develop something.
Mayor Harnik stated the City Council worked long and hard on the short-term
rental program that is currently in place. It had to strike a fine balance
between making sure neighborhoods are protected and ensuring that people
that have bought property for investment purposes are allowed to do it
without imposing on the neighborhoods. She believed the program has been
working fairly well, but with the strict ordinances in Palm Springs, there are
concerns that people may come to Palm Desert and have a negative impact
on the community.
Councilmember Kelly said she greatly appreciative that this matter has been
brought forward, including how the staff report has been phrased, because
it observes that Palm Desert hasn't encountered significant code
enforcement problems nor was this about excessive noise complaints.
However, since she first expressed an interest in running for City Council,
this short-term rentals has been brought up to her more than any other issue.
Predominately, what she's hearing from at least some residents, it's not a
concern about code enforcement, but a concern that they made a conscious
decision to live in a neighborhood, and if the quantity of purchases for
exclusive use of short-term rentals grows too greatly, they end up feeling like
they're living in a time share and there is a diminish sense of community.
With what is going on in Palm Springs, it is timely to take a look at this issue
to see if an appropriate balance can be reached.
Ms. Aylaian requested Council identify the two Councilmembers that will
serve on the subcommittee.
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Councilmembers Kelly and Nestande volunteered.
Responding to question about the number of members on the Review
Committee, Mr. Stendell anticipates the Committee will have a couple of
options. Either the Committee will like what is currently in place or not, which
leads the Committee back to Council fairly quickly to either extend the
moratorium or to inform the Council that what currently exist is great. If more
members are needed, staff will make that request at that point.
Councilmember Kelly pointed out that Palm Desert was not the first City
confronting this issue, so she would like staff to look at best practices in other
jurisdictions.
Councilmember Kelly moved to: 1) Waive further reading and adopt, by four -fifths
vote, Interim Urgency Ordinance No. 1316, establishing a temporary moratorium on the
issuance of Short -Term Rental Permits; 2) By Minute Motion, appoint Councilmembers
Kelly and Nestande to serve on a Short -Term Rental Review Committee. Motion was
seconded by Nestande and carried by a 4-0 vote (AYES: Kelly, Nestande, Weber, and
Harnik; NOES: None; ABSENT: Jonathan).
XVI. CONTINUED BUSINESS
None
XVII. OLD BUSINESS
A. REQUEST FOR AUTHORIZATION TO ABANDON THE MID -VALLEY BIKE
PATH PROJECT; FOR STAFF TO CLOSE OUT CONTRACT WITH TY LIN
INTERNATIONAL AND TO SUBMIT A LETTER TO THE COACHELLA
VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) REQUESTING
REMOVAL OF THE PROJECT FROM THE FEDERAL TRANSPORTATION
IMPROVEMENT PROGRAM (FTIP); AND TO REFUND ALL OF THE
COLLECTED IN -LIEU FEES FROM IMPACTED DEVELOPERS AND
RELEASE THE RELATED SECURITIES (PROJECT NO. 707-07).
Mr. Greenwood reported that the proposed Mid -Valley Bike Path runs along
the north sphere of the City along the 1-10 Freeway. Staff has been working
through the process to develop this bike path since 2010 and has been in the
preliminary environmental stage for most of that time. Staff has learned that
costs keep escalating and there is not a strong desire from the community
to support this project. Therefore, through the circumstances learned, staff
has come to believe that this project should not go forward. He said there is
$2.2 million in Federal Funds available for this project, but on the other hand,
it has to be matched with approximately $7- to $8 million of local money.
About half of that $8 million might have been collected from developers as
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they developed along the project. In fact, the City collected a little over
$500,000 along the way.
Councilmember Weber inquired as to how the Environmental Impact Report
(EIR) would get paid and if the City had access to any Federal Funds to
offset that cost.
Mr. Greenwood responded that the EIR has been paid with City funds, and
the cost was about $200,000 to $300,000, adding that Federal Funds
couldn't be used for that phase; Federal Funds could only be used if the
project went to construction.
Councilmember Kelly noted that Mr. Greenwood previously answered all her
questions, and he incorporated most of the information to what he just
stated.
Councilmember Nestande moved to, by Minute Motion: 1) Abandon the Mid -Valley
Bike Path Project (Project No. 707-07) and remove it from the City's Capital Improvement
Program; 2) authorize staff to close out Contract No. C30140 with TY Lin International;
3) authorize staff to submit a letter to CVAG, requesting removal of the project from the
FTIP; 4) refund all of the collected in -lieu fees from impacted developers and release the
related securities. Motion was seconded by Kelly.
Mayor Harnik commented that the City wants bicycle paths in the community,
but unfortunately that area would definitely not be the City's first choice of a
location, which is along the railroad tracts and it being very windy there.
Therefore, at this time, staff is making a wise recommendation.
Councilmember Weber asked how long does an EIR last before it had to be
redone.
Mr. Greenwood replied approximately three years, but there was not a set
definition. He said things like traffic and noise studies start expiring at three
years.
Mayor Harnik noted there was also the Historical Resources Evaluation and
other studies the City came upon that it hadn't expected.
Mayor Harnik called for the vote and the motion carried by a 4-0 vote (AYES: Kelly,
Nestande, Weber, and Harnik; NOES: None; ABSENT: Jonathan).
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B REQUEST FOR APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL
SERVICES CONTRACT NO. C33330A — ENGINEERING DESIGN OF THE
ALESSANDRO WEST IMPROVEMENT PROJECT.
Mr. Alvarez said he would provide Council with background information on
the Alessandro West Improvement Project, and he would like to have a
discussion and get direction on the utility undergrounding that is relevant
around this project. He said the Alessandro West Project started over 10
years ago initiated by the former Redevelopment Agency by acquiring
property along the rear of the residential lots. The project spans '/2 a mile
from Las Palmas Avenue to Monterey Avenue. The project proposes to
widen the corridor and expand the width, including improving the aesthetics
of this area. A new wall is proposed along the entire stretch and also
perpendicular parking spaces would be added to expand parking
opportunities for the commercial properties located to the south of this area.
New landscaping, lighting, and other infrastructure improvements are also
proposed. He said this is an area where the aesthetics are well under par
to Palm Desert's standards. Additionally, this is an infrastructure and
economic development project. The General Plan has been recently
adopted and it targets Highway 111 properties to be expanded, upgraded,
and in some places redeveloped. Staff feels this project is part of that vision
to further the requirements and vision of the General Plan. The
Redevelopment Agency had hopes to move forward, but it was stalled with
the Dissolution of Redevelopment. Staff learned 1'/2 years ago that Bond
Funds are available now to move forward with this project, adding that $2.1
million has been set aside and projected for this project. The City has
completed all the acquisitions needed along this corridor, and the
engineering plans are complete. The item before the Council is a minor
amendment to the contract with the Altum Group to provide minor
modifications to the plans to assist the City with further utility coordination.
As an example, staff has worked with the Water District and will be relocating
all the water meters that were located in the rear of the residents and moved
to the front to make way for easier access to utilities in the future. Other
coordinations include the gas and cable companies, and Southern California
Edison that have some facilities in this area. The contract amendment is for
$20,127, and not $27,127, which was a typographical error in the staff report.
Now the overhead utilities that currently exist are located in the corridor that
also serve both commercial and residential properties in that area. Utility
lines are located along the entire stretch between Las Palmas to Monterey
Avenue. The overhead utilities serve commercial properties, and cable and
telephone lines to residential properties to the north. In staffs internal
discussions, they briefly looked at costs for providing underground utilities in
this area and came up with a rough figure of $2- to $3 million with a 12- or
18-month delay or postponement, if the City Council chose to include the
undergrounding of the utilities in this corridor.
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Mayor Harnik read Mayor Pro Tem Jonathan's prepared comments on this
agenda item as follows: "1 noticed that toward the end of the discussion
portion of the staff report, there is a recommendation not to include utility
undergrounding as part of the Alessandro West Improvement, I have
concerns about that. As you may recall, I chair the Utility Undergrounding
Committee and are currently out to bid for a consulting contract to create a
master plan for undergrounding all utility lines in Palm Desert. Based on the
understanding I developed through the work of the Undergrounding
Committee, it appears to me that the combining the undergrounding of the
utility lines with the rest of the Alessandro West Improvements would have
several advantages. First and foremost, the improvement of Alessandro
West is critical to the City's vision for the Highway 111 Corridor. If the City
doesn't underground the utility lines now, yes there will be some
improvement to the appearance of the alley, but it will not be at the level the
City wants and need for the Highway 111 Corridor. Secondly, if the City
doesn't underground now, it will likely be a long time before it does. When
and if the City does underground, it is likely to be far more expensive, not
because cost goes up in general, but because there will be much more work
required, i.e., ripping off road and sidewalk, cutting through retaining walls,
etc. I would suggest for your consideration that Council separate the issue
of undergrounding Alessandro West from this particular item on the agenda
and ask staff to provide a more detailed analysis of the pros and cons of
undergrounding the utility lines along Alessandro West as part of the current
improvements. This will need to be done quickly as work is progressing
rapidly on the improvements. Thank you for your consideration." She noted
that Mayor Pro Tem Jonathan apologized for not being able to attend today's
meeting.
Councilmember Nestande agreed with Mayor Pro Tem Jonathan's
comments to include undergrounding of the utilities as part of this project.
Councilmember Weber pointed out that this evening Council is only
considering the amendment of the contract in the amount of $20,127.
However, if the Altum Group is asked to look into the undergrounding, would
that be an additional cost.
Mr. Alvarez answered yes.
Ms. Aylaian suggested separating this item into two issue, one being the
current proposal for $20,127 and the second is to consider directing staff to
investigate further the undergrounding. She added that undergrounding is
a big deal and it's a very slow process. Among other things, if you want to
get an estimate from Southern Califomia Edison for the cost, they get paid
rather handsomely for developing that estimate, which is tens and thousands
of dollars and it will take them and other utilities to put some meaningful
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information together. It doesn't make a lot of sense for the City to continue
with the existing plan and design until this issue is established, if the Council
is seriously interested in considering that further. She said it would take
several months before staff can get back to the Council with any kind of
meaningful analysis as to what the cost and schedule impact would be.
Councilmember Weber commented that the $2- to $3 million is just a ball
park figure, because it requires Edison to provide the exact numbers.
Mr. Alvarez stated it would be appropriate to separate this contract
amendment, because this amendment is still required to finalize some of the
details of the plan, and it's independent of the utility undergrounding project.
Mayor Harnik asked if it would be prudent, at this point, since the Council is
bifurcating the two, to vote on the amendment to the contract.
Councilmember Kelly moved to, by Minute Motion: 1) Approve Amendment No. 2
in the amount of $20.127 to the subject contract with The Altum Group, Palm Desert,
California, relating to Engineering Design of the Alessandro West Improvement Project —
funds are available in Capital Project Fund Account No. 4004341-4400100 and will be
reimbursed to the City from bond proceeds, pursuant to the approved Alessandro Bond
Proceeds Funding Agreement; 2) authorize City Manager to execute the Amendment and
any documents necessary to facilitate the contract award and implementation. Motion was
seconded by Weber.
Councilmember Kelly suggested taking care of what it knew had to be done
and then Council can talk about where to go from there. Mr. Alvarez said
this amendment is necessary to complete work, which will be needed in any
case. Therefore, she believed Council needed to complete the vote on that
issue.
Mr. Hargreaves stated that if Council wished to take action on the utility
undergrounding, that matter should be put on another agenda, because it's
not on this agenda.
Mayor Harnik offered a friendly amendment to approve staffs recommendation and
also ask staff to further explore the utility undergrounding.
Mr. Hargreaves responded Council can direct staff to come back to the
Council with morel information on the utility undergrounding, because it's not
taking definitive action.
Councilmember Weber said the Council already realizes that staff will come
back with the information that Edison has to be paid a certain amount of
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money, so Council is only directing staff to look into it, which she was okay
with for now.
Mr. Alvarez said staff will put together all the details of what it will entail.
Mayor Harnik commented she had strong feelings about utility
undergrounding too, and if the City doesn't have time to do it right the first
time or if it didn't have the money to do it right the first time, how will it have
the time and money to do it right the second time. Therefore, she would like
to look at this critically.
Councilmember Kelly stated that in order to be helpful to staff, and in hearing
the perspective each Councilmember brings, which speaks to her, it's never
never going to get cheaper or easier. Therefore, she agreed this issue
needs to be looked at seriously, particularly since the stated objective is to
improve the aesthetic. Personally, she didn't know how the City can
accomplish the goal of improving the aesthetic unless it got the utilities
underground, so she shared that opinion.
Mayor Harnik called for the vote with an amendment to direct staff to further explore
inclusion of underground utilities in the Alessndro West Project and return to City Council
with a report and recommendation. The maker and the second of the motion agreed to the
amendment and carried by a 4-0 vote.
For the purpose of Clarification, the Motion is as follows:
Councilmember Kelly moved to, by Minute Motion: 1) Approve Amendment No. 2
in the amount of $20,127 to the subject contract with The Altum Group, Palm Desert,
California, relating to Engineering Design of the Alessandro West Improvement Project —
funds are available in Capital Project Fund Account No. 4004341-4400100 and will be
reimbursed to the City from bond proceeds, pursuant to the approved Alessandro Bond
Proceeds Funding Agreement; 2) authorize City Manager to execute the Amendment and
any documents necessary to facilitate the contract award and implementation; 3) direct
staff to further explore inclusion of underground utilities in the Alessandro West Project and
return to City Council with a report and recommendation for same. Motion was seconded
by Weber and carried by a 4-0 vote (AYES: Kelly, Nestande, Weber, and Harnik; NOES:
None; ABSENT: Jonathan).
XVIII. PUBLIC HEARINGS
None
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XIX, REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager's Meeting Summaries Report for the Period of
November 28 - December 30, 2016.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Announcement of City Council Study Session — Thursday,
January 26, 2017, at 2:00 p.m., Administrative Conference Room —
Cannabis Regulation.
Ms. Klassen called attention to the scheduling notation on the
agenda, and Councilmembers so noted.
D. PUBLIC SAFETY
1. Fire Department
None
2. Police Department
Lt. Webb introduced herself as filling in for Lt. Baur during his short
illness, and he was expected back to full duty in the near future.
Councilmembers welcomed and thanked Lt. Webb for covering the
position.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. Councilmember Susan Marie Weber's Meeting Summaries Report for
the Period of November 28 - December 31, 2016.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
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2. City Council Requests for Action:
a) Palm Desert Aquatic Center — Councilmember Weber
appreciated the presentation on PDAC earlier in today's
meeting and noted many complimentary comments are
received about the facility. However, she is still receiving
concerns from constituents about it; therefore, she has
directed them to meet with staff.
In response to Mayor Harnik's request for comment about how
those issues have been or are being addressed, Ms. Aylaian
asked that the contact information be forwarded to her for
follow-up. Mayor Harnik added that it would be helpful if the
City Manager circled back to City Council with any further
questions or comments received.
b) Shopping Carts — Councilmember Kelly recently noticed an
increasing number of shopping carts around town, most of
them being some distance away from the retailers who own
them. She acknowledged the issue of homelessness as
relevant to this concern and appreciated that the City was
working with CVAG (Coachella Valley Association of
Governments) to come up with some thoughtful and
comprehensive ways in which to deal with that bigger issue.
In the meantime, she asked who had responsibility for the
errant carts.
Ms. Aylaian responded that the City has an ordinance
regarding abandoned shopping carts, and Code Compliance
staff works with merchants to get them back where they
belong.
Mayor Harnik pointed out that the Walgreens store near the
northeast corner of Monterey Avenue and Highway 111 has an
electronic notification when carts are taken beyond a certain
point from the store. She suggested looking at these systems
for any future retail development where shopping carts are
involved.
Councilmember Kelly wondered whether or not there was
some creative way in which the City could assist its merchants
with this problem beyond simply letting them know that there's
an ordinance and a compliance issue.
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Ms. Aylaian said it was not a simple matter. She added that
the City could legislate an electronic barrier system, but costs
associated with it could be around $50,000/property, and some
carts will still migrate away from the site. She pointed out that
it wasn't necessarily the homeless responsible for removing
carts from retailers but users of public transportation, who take
merchandise they purchase by cart to a bus stop, and the carts
often migrate from there. She indicated that the City's
ordinance was updated a few years ago but may need to be
revisited in the future.
Code Compliance Supervisor Pedro Rodriguez came forward
to explain that the City has an ordinance in place, and with the
most recent change made to it, staff visited all the retailers and
required that they register with the City to either have their own
staff pick up their carts or have a contractor do so. He went on
to say that the City works closely with retailers and the Public
Works Department to have carts picked up. He offered to
have staff put a greater emphasis on this issue.
Mr. Greenwood added that Public Works picks up carts when
notified; the City App is a good way to report their location, and
they will be picked up by end of the day. Then the rightful
owner is notified, the cart is kept at the Corporation Yard until
the owner comes to retrieve it; but if not picked up within 90
days, it's disposed of.
c) Desert Willow — Councilmember Nestande reported that last
week she and Councilmember Weber met with both City and
Desert Willow staff. During her City Council campaign this
summer, one constituent enlightened her about some issues
with Desert Willow and the Resident Rate, but after last week's
meeting, she requested staff be directed to help form a
committee comprised of staff, resident golfers, as well as one
or two staff members from Desert Willow/Kemper Sports
Management, and that it meet on a quarterly basis.
Ms. Aylaian responded that staff would return to City Council
on a future agenda with a recommendation on how a
committee should be comprised, the areas for which they
should be responsible, and get direction on it.
d) Memorial Contribution to Honor Supervisor John J. Benoit —
Mayor Harnik noted that in light of Supervisor Benoit's passing
last month and his service on Tuesday this week, the City did
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PRELIMINARY MINUTES DRAFT
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2017
not send a large floral sympathy bouquet, choosing instead,
knowing the Supervisor, to do something that would be more
meaningful. She asked for her colleagues' concurrence that
staff be tasked with looking at other ways to honor him (e.g.
scholarship fund) that would be ongoing to carry his name
forward. She suggested looking at other models that have
been used successfully in order to honor the late Supervisor
appropriately.
Ms. Aylaian agreed to have staff look into it.
3. City Council Consideration of Travel Requests and Reports:
None
XX. ADJOURNMENT
With City Council concurrence, Mayor Harnik adjourned this meeting at 5:36 p.m.
in honor and memory of Supervisor John J. Benoit, a great friend to each individual
and to the Coachella Valley community, whose laughter, and especially his passion
for service, will be greatly missed.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JAN C. HARNIK, MAYOR
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