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HomeMy WebLinkAboutPrelim - CC - 04-27-2017Draft PRELIMINARY MINUTES TZL-t\ REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 27, 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 3:05 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 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 Eric Cadden, ESC, County of Riverside Emergency Management Department Lt. Coby Webb, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Sgt. Michael Gaunt, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Draft APRIL 27, 2017 A. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 B. Conference with Legal Counsel regarding Threat to Public Services or Facilities pursuant to Government Code Section 54957(a): Consultation with Lt. Coby Webb, Asst. Chief of Police, Palm Desert Police Department/Riverside County Sheriff's Department With City Council concurrence, Mayor Harnik adjourned the meeting to Closed Session of the City Council at 3:06 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves reported that direction was given, but no reportable actions were taken. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member Jenny Schwartz VII. INVOCATION - Mayor Pro Tem Sabby Jonathan VIII. AWARDS AND PRESENTATIONS A. PRESENTATION OF PROCLAMATION DECLARING MAY 2017 AS "MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Harnik presented the proclamation to Mr. Joseph Butts. Mr. Butts thanked the City Council for acknowledging that May is Mental Health Month and for the proclamation. He said he represented the Riverside County Department of Corrections, now known as Behavioral Health Commission. He invited everyone to the 15th Annual Desert Mental Health Arts Festival at the Taj Mahal at the Indio Fairgrounds on May 9, stating the show was designed to eliminate the stigma of mental illness. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 B. PRESENTATION OF PROCLAMATION DECLARING MAY 2017 AS "BUILDING SAFETY MONTH" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Pro Tem Jonathan presented the proclamation to Director of Building & Safety Russell Grance. Mr. Grance thanked the City Council for its continued support, stating it went a long way and staff appreciates it. He said staff works very hard to ensure members of the public and businesses enjoy a safe and a built environment. Mayor Pro Tem Jonathan stated Mr. Grance's comments were understated, because all one had to do was watch the news and the horror of places around the world that don't do what this team does for Palm Desert. The City Council took a photograph with the following staff members from the Building and Safety Department: Russell Grance, Danny Crawford, Jason Finley, Melanie Plasse, Marisol Lopez, Tameca Williams, Cherie Williams, Jeremy Frey, and Darin Wilcox. Ms. Aylaian noted that Tameca Williams was the newest employee at the City of Palm Desert, stating this was her fourth day on the job. C. PRESENTATION OF PROCLAMATION DECLARING MONDAY, MAY 1, 2017, AS "BRETT SHOOPMAN DAY AND NATIONAL MELANOMA DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Harnik presented the proclamation to Mr. Brett Shoopman. Mr. Shoopman stated that as a Melanoma cancer survivor and born and raised resident, he had the passion to give back to his hometown. With the help of Kemper Sports Management for Desert Willow, the company he's worked for 20 years, and Director of Golf Darrell Souza, he proposed to them a small 80-player golf tournament for charity. He didn't realize 241 players would show up that first year nearly selling out at Desert Willow. However, in the last four years they have sold out both courses and raised more than $30,000 for the Eisenhower Lucy Curci Cancer Center. He thanked his friends and family for their show of support this evening, as well as the Kemper family, the City of Palm Desert, and the volunteers that help make these tournaments a success. He added that anyone who has cancer can't go at it alone, you need a good team around and he had the best. And to the people watching this meeting live stream, he asked them to notice the spots on their skin and not underestimate them, because they can be cancerous, but if caught early you will be okay. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 D. PRESENTATION OF UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER JENNY SCHWARTZ. Ms. Schwartz noted this was her first year as a Youth Committee Member. She reported that last week they finished their Sustainability Party that was held at Lincoln Elementary where they played games with kindergarten through 5th grade students that stay after school. The Committee taught them about Earth Day and how to make the world a better place, stating it was fun and successful. The No -Idling Committee met recently and have set the perimeters of where they will go to provide awareness, but due to the upcoming hot weather, the project was moved up to the winter. She is also a member of the Anti -bullying Committee and they discussed how they will execute this topic to the students at Carter Elementary. They don't have the date yet, but they do have lessons and activities planned in explaining what bullying is and how to prevent it. The Youth Committee has one more meeting before closing out the year, but it has been a great first year for her. Councilmember Kelly inquired about the No -Idling Committee. Ms. Schwartz explained that around school when parents are dropping off their children, vehicles are emitting air toxins, which is what they are trying to reduce. They plan to tell parents to turn off their cars when they are not moving. The Committee decided to do this in the winter when parents are more likely to be open to the idea, and for the summer, they are considering buying fans with the "No Idling" logo on it, so that they have an alternative. Mayor Harnik stated the City's Youth Committee is outstanding and doing wonderful things in the community. E. PRESENTATION TO THE CITY COUNCIL BY PALM DESERT CHARTER MIDDLE SCHOOL STUDENTS AND 8TH GRADE HUMANITIES TEACHER MS. NAN DAVIS-KIRCHEVEL. Representing the 8'h grade at Palm Desert Charter Middle School, Noah Allen, Danica Frey, and Nicole Salazar expressed their appreciation of the City's generous donation and making it possible for more than 450 students to attend a field trip to the Museum of Tolerance in Los Angeles. They presented a short video showing what they learned and experienced, and again thanked the Council for their support. Mayor Pro Tem Jonathan said he was so glad the entire 8'h grade was able to go to the museum, adding that as someone who has lost family in the Holocaust, it's something he takes personally. In a recent poll, the Anti -defamation League (ADL) found that about 35% of the people interviewed throughout the world didn't have any knowledge of the Holocaust, and here this Palm Desert Middle School group is already ahead 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 of that group. He said the older generation is counting on the youth to make this a better world. Mayor Harnik stated this Council is very proud to be able to help students learn about the Holocaust. She noted she attended the Yom HaShoah Observance on April 23, where Walker Risenmay, an eight -grade student at Palm Desert Middle School read his prizewinning essay (the essay was on how young people need to be mindful of the information they consume on social media and recognize propaganda). IX. ORAL COMMUNICATIONS - B MR. DALLAS WLLIAMS thanked the City for their cooperation and support of the YMCA's Easter Egg Hunt and Healthy Kids Day at the Civic Center Park, with more than 1,000 people showing up. They had 50 volunteers and hid about 8,000 Easter eggs. He presented a two -minute video of the event. MR. WALLY MELENDEZ, Thousand Palms, California, thanked the City Council for the opportunity to addressed them. He said he felt that Thousand Palms was already part of Palm Desert, because of the nearby shopping centers available to the residents of Thousands Palms. He said he went to Palm Springs for the second time looking for the Fair Housing Council, because fair housing is a problem in Thousand Palms. He added that the west side of Monterey Avenue belongs to Rancho Mirage and the east side is Palm Desert, and if you continue north on Monterey Avenue it becomes Sierra Del Sol, which is in Thousand Palms. When he came to the area six months ago, he bought a place in Thousand Palms where he could build his home, but learned there's a flood plane there, stating a lake would be very nice there. Therefore, he's beginning to view this more as an opportunity. He asked Mayor Harnik if he could set up an appointment with her to discuss this subject, and she said absolutely. MR. MATTHEW DAVIS, Assistant to the President of Desert X, thanked the City Council and City staff for making Desert X a terrific success. He said Desert X is a nonprofit Art Biannual that's occurring across the Coachella Valley from White Water to the City of Coachella. He's very proud to have two pieces that are iconic in the City of Palm Desert; the "Curves and Zig Zag" piece by Claudia Comte located at Homme and Ralph Adams Park, and the "Circle of Land and Sky" by Phillip K Smith III, who is a resident of Palm Desert, is located at the corner of Frank Sinatra Drive and Portola Avenue. They are finishing their nine -week run this Sunday, and it's been a tremendous success. They anticipated around 40,000 visitors, and they are now expecting a final count of more than 100,000. They are proud of the work they have done in bringing the best of the international contemporary art world to the Coachella Valley. They are very grateful for the support and cooperation from the City and staff. He encouraged everyone to try to see 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 the art before it comes down at the end of this month. The good news is that they will be back in two years and hoped this can be an ongoing collaboration between Desert X and the City. He provided Desert X catalogs to the City Council. He added that he worked very closely with Management Analyst Deborah Glickman who was fantastic to work with. Councilmember Kelly commented she had international friends sending her messages because Desert X had come onto their radar, so the City Council is extremely appreciative that this was available not only to residents and visitors this time, but as a vehicle to let the world wide world know there is culture worthy to visit here in the Coachella Valley. X. MAYOR AND COUNCILMEMBER COMMENTS TO THE COMMUNITY A. Short -Term Rental Task Force Councilmember Kelly reported that at their most recent meeting, they divided into four groups to start the work of coming up with specific ideas in response to all the input received. With staff, the Committee is working on advancing the work product from those groups, and she's pleased they are making progress. Councilmember Nestande added they are moving onto some recommendation staging in this whole process, noting they have an internal meeting scheduled for next week. B. Tour of College of Desert Campus Councilmember Weber stated she had the privilege of taking a tour of the College of the Desert (COD), acknowledging that others on the Council have already taken the tour, but encouraged the rest to do so as well. She said it was amazing to find out how much COD has changed since they opened up, and it's a wonderful addition to the City of Palm Desert. She went on to say the free tour is run by Peter Sturgeon and they begin again in October. C. Ophelia Proiect - Luncheon at Aqua Caliente Mayor Pro Tem Jonathan stated he and Mayor Harnik attended the luncheon ceremony. He's proud the City supports the Ophelia Project, because it's an incredible program. The program takes girls in local schools from all three school districts that are at risk, and through the use of mentors, shows them the possibilities of who and what they can become, nurturing them through the process of going from a girl to a young lady to a strong woman. Today they had thousands of girls attending the luncheon and testimonials were heard 6 Draft PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2017 from the many that were in the program or have graduated; he doubted there was a dry eye in the house. He's very proud of the work they are doing and reiterated he was glad the City was supporting the program. D. Yom HaShoah Observance - April 23 Mayor Harnik stated this was a Valley -wide effort to encourage students to submit essays and art projects. She said the Observance was very inspiring and it was great to see students spreading awareness of the Holocaust. E. Coachella Valley Association of Governments (CVAG) Report Mayor Harnik reported the CVAG Executive Committee accepted the $5.584 commitment from the California Transportation Commission (CTC) that had been recommended by the Southern California Association of Governments (SCAG) and Riverside County Transportation Commission (RCTC). F. US News - Hiah School Rankings Mayor Harnik stated US News came out with the high school rankings, and out of 21,000 in the Country, Palm Desert High School came in at 1,795 in the national ranking, placing them in the top 12%; in California, they ranked 349. She said they look at AP (Advance Placement) course work offered, graduation rates, and college readiness. She said it was very impressive and the school keeps getting better. XI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 13, 2017. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 3/31/2017 and 4/7/2017 (2). Rec: Approve as presented. 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2017 Draft C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrant Dated 4/14/2017 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of January and February 2017 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Marketplace, 9003 Shadow Ridge Road, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of January 11, 2017. 2. Audit, Investment & Finance Committee Meetings of January 24 and February 28, 2017. Rec: Receive and file. G. REQUEST FOR APPROVAL of Amendment No. 2 to Contract with Quality Code Publishing LLC, for Codification, Editorial, and Supplement Services Associated with Maintaining the Palm Desert Municipal Code, Increasing the Per -Page Rate for Printed Supplements by $1.00 from $22.00 to $23.00 Each (Contract No. C23170). Rec: By Minute Motion, approve Amendment No. 2 to the subject contract with Quality Code Publishing LLC, Seattle, Washington, increasing the per -page rate for printed Palm Desert Municipal Code Supplement pages in each semiannual update by $1.00, from $22.00 to $23.00, and authorize the Mayor to execute Amendment No. 2 for this purpose, with all other service charges to remain the same as in original contract — funds are programmed in FY 2017-2018 General Fund Account No. 1104111-4309000 - City Clerk Department Professional -Other. 8 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 H. REQUEST FOR APPOINTMENT of Tom Tabler, JW Marriott Desert Springs Resort, to the Hotel & Signature Events Committee to Fill the Unexpired Term of Alex Ahluwalia (December 31, 2018). Rec: By Minute Motion, appoint Mr. Tom Tabler of the JW Marriott Desert Springs Resort to the City's Hotel & Signature Events Committee, filling the unexpired term of Alex Ahluwalia through 2018. I. CONSIDERATION of Approving Letters of Opposition to AB 890 (Medina), SB 35 (Wiener), and SB 649 (Hueso). Rec: By Minute Motion, approve letters of opposition for AB 890 (Medina), SB 35 (Wiener), and SB 649 (Hueso). J. REQUEST FOR APPROVAL of Exemptions from Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 in Connection with Receptions for Art Exhibitions to be Held in the Palm Desert Community Gallery Between May 2017 and February 2018. Rec: By Minute Motion, approve exemptions from Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 in connection with opening receptions for art exhibitions to be held in the Palm Desert Community Gallery between May 2017 and February 2018 - tentative dates are May 31, 2017 - Alicia Siegler and Kathleen Scoggin; December 4, 2017 - Grant McMillan, Ron Dalberg, and Jim Beucher; and February 12, 2018 - Gary Rosenblum and Juan Manuel Alonso. K. INFORMATIONAL REPORT on Activities of the Emergency Services Division. Rec: By Minute Motion, receive and file the report. Upon motion by Kelly, second by Nestande, and 5-0 vote of the City Council (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None), the Consent Calendar was approved as presented. XII. CONSENT ITEMS HELD OVER None XIII. RESOLUTIONS None 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2017 XIV. ORDINANCES A. For Introduction: None B. For Adoption: Draft 1. ORDINANCE NO. 1321 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE SECTION 25.34.030 - ACCESSORY DWELLING UNITS - AND SECTION 25.99.020 - DEFINITIONS - OF THE ZONING ORDINANCE TO COMPLY WITH NEW STATE LEGISLATION, Case No. ZOA 17-018 (City of Palm Desert, Applicant). Principal Planner Eric Ceja noted this was the second reading of the Ordinance, stating the zoning standards were updated to comply with State law. Mayor Pro Tem Jonathan moved to waive further reading and adopt Ordinance No. 1321. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). 2. ORDINANCE NO. 1322 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO REVISE PALM DESERT MUNICIPAL CODE SECTION 25.16.040(H) - SPECIFIC USE STANDARDS - FOR COMMERCIAL AND INDUSTRIAL DISTRICTS TO ALLOW DRIVE -THROUGH RESTAURANTS ON ARTERIAL STREETS WITH A FREEWAY INTERCHANGE (OR PLANNED INTERCHANGE), Case No. ZOA 17-028 (Lumar Devco, LLC, Applicant). Assistant Planner Heather Buck noted this was the second reading for the Zoning Ordinance Amendment for drive through restaurants in Palm Desert. At the last meeting, the recommendation by staff was amended to remove Washington Street. Therefore, staff updated the maps to reflect the action taken. Also included in the packet is information received by the Applicant who submitted the zoning ordinance amendment request. She said the Applicant met with the residents at the Carlos Ortega Villas (COV), and he will be providing an update on that meeting this evening. MR. MICHAEL LUNDIN, Canaan Pacific/Lundin Development, stated he is part of the development team that's working on this project 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2017 Draft located at the former Casey's site by Avenue of the States. He said a few years ago they were selected by the City of Palm Desert to move forward with a Redevelopment plan of the Casey's property. The goal was to create a high level, high -quality retail shopping center, much like other projects they've worked on in the greater desert area. The focus was to reach out to all the high -quality retailers they knew in the community, and the one that came to them was Starbucks, which is located up the street on Washington Street. Starbucks informed them they needed to relocate because they were busting at the seams and they didn't have enough room for their customers. Starbucks liked the architecture and design of what they were developing, but they wanted a drive -through component. The goal all along was to bring in multiple businesses or various tenants and to include a drive -through as part of the overall project, but not for a fast-food drive through. They plan to incorporate the latest echo -friendly standards such as parking for electric vehicles, golf carts, and drought -tolerant landscaping. He said these designs were included in the packet, showing specifically the architecture, layout, and design. They were pleased to meet with residents from the COV today, and they were surprised 30 residents showed up that unanimously approved the project, including the drive through. The residents know it's a great project, and they also want something that's first class like the COV, which is what he wants to build for the community, including the walkability and access to the center. He said Starbucks informed him that if they couldn't relocate to this site, they will relocate across the street into the County. He mentioned this to the residents at COV and they don't want to see that happen, because right now they have to cross one street to get to any shopping center. He said the COV residents and the Palm Desert Country Club residents want to continue that walkability and access to Starbucks. MR. SCOTT FAWCETT stated he is working with Mr. Lundin on the project. He said it was never their intent, when they first got involved with this property, to go out and find drive -through restaurants, because they were well aware of the City's attitude in that regard. What happened in this particular case, they went out and solicited tenants for the shopping center, which is the way these situations generally work, and when you talk to potential tenants, they want to know if you have a major tenant. Fortunately, when Starbucks came along, they were able to say that Starbucks was interested in going into the center. Then all of a sudden, those potential tenants change their attitude about the project. He said this project is more or less positive if they can retain Starbucks, but if it goes away, they won't have a major tenant to get it off the ground. It's unfortunate that it works that way, but again, they didn't go out and solicit a drive 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 through, Starbucks came to them with that proposition; otherwise, they will have to leave Palm Desert and go across the street on the County side, which they don't want to see happen. MR. RAY RODRIGUEZ stated he represented Casuelas Cafe and Cork Tree California Cuisine, also on Country Club and Cook Street. He congratulated the two previous speakers on the project they are endeavoring, because it's difficult to do. Likewise, the City Council, as community leaders, are always faced with difficult decisions with these types of issues. He encouraged the City Council to continue to maintain the high standards that have developed in Palm Desert over decades, even though he knew the worse reason to give for doing something is that it's always been done that way. However, Palm Desert reaffirmed its standards through a city-wide process about three years ago with the Envision Palm Desert. He said a consultant was hired to guide 100 community members from all sectors of the City who volunteered 11 years of their time to study on what they wanted for the future of Palm Desert. They studied College of the Desert, health care, to the tinker to the tailor, and put it together as a plan, which the City then went forward with the General Plan Update. He is asking the Council to maintain the standards for several reasons. First, Council has seen when a large national business comes in and tries to corrupt the standards. As an example, on the corner of Cook Street and Country Club Drive where Cork Tree is, a Chase Bank went in there. He said Chase Bank claimed it needed a drive throughs or they couldn't be successful, but community members came and spoke, and in their wisdom, the Planning Commission changed their recommendation. He added that the general manager there will tell you they are thriving. Secondly, he was authorized by Carl Karcher, who like many other fast-food operators, petitioned this Council for exemptions for drive-throughs, and they were denied as is the policy. To have Mr. Karcher invest over and over again in this community to then give exemptions to people coming in now, is really unfair to those who are friends and supporters of this community. Lastly, he knew it was difficult to make a decision when a living area meets a commercial area, but he urged the Council to error in favor of the humanity rather than on the business, because there was already a lot of traffic on Washington Street. Mayor Harnik read into the record a letter received from Jean M. Benson, which states the following: / noticed you have an item on the 4/27/2017, agenda regarding change of zone to allow a drive through on Casey's old location to the Palm Desert Country Club area. I strongly urge you not to change this zoning. Considerable time and thought went into where these establishments would be located and that zoning has held for 43 years. The entrance to this 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 residential district off an extremely busy street was never considered. Now we have a premier senior housing complex in that location, so it's certainly not suitable and it would change the atmosphere and tranquility for senior residents. Please leave the current zoning and let them locate down closer to the freeway where it is allowed and serves the transit community. My last wish to the Council, after 32 years, is to not change things that made Palm Desert the great City that it is today. Therefore, I trust you will put the residents welfare first and not the financial gain of developers who will be long gone. Thank you for your consideration and doing what's best for the City. Councilmember Nestande said she has the utmost respect for Mr. Ray Rodriguez and former Councilmember Jean Benson, adding that one of the hardest things for her, as a Councilmember, is to sometimes go against people she admires and respects. She explained that she wasn't basing her decision on financial gain for a developer, in that she's looking at the City of Palm Desert as a whole, the 55,000+ residents in particular, and the residents that live in that area. She believed this was a top-notch development that will serve the community well. She agreed it was not the best use for a drive through on Cook Street and Country Club, unlike Washington Street with all the traffic generated there where the City allowed a Jiffy Lube, a gas station, and car wash. She's been told the current Starbucks, without a drive through on Washington Street, is simply going to move across the street, which is why she's leaning in favor of this project being in PalmDesert. Councilmember Weber concurred with Councilmember Nestande's comment, stating she spoke with several people that worked on the Envision Palm Desert passionately and learned it was not their intent to be concerned about walkabouts on a busy street like Washington. It was their understanding that walkabouts had more to do with the El Paseo and San Pablo areas. She said Washington Street is a clearly defined arterial street that is carrying a lot of traffic and it has a lot of business. Therefore, to quote the Envision Palm Desert, in terms of what the intent was, she's not sure the committee looked at Washington Street for that walkability. She's happy to learn that the developers met with the residents of the Carlos Ortega Villas, because that was also her concern. However, people forget it's a different world, in that seniors are not just looking for a quite environment, they like to be part of their community and participate. Another issue, vehicles aren't always going to be using gasoline, because people are getting electric vehicles faster and faster, and Palm Desert encourages the use of golf carts, which this project will accommodate. Additionally, vehicle emissions are already controlled by State standards, so she didn't think those issues existed as much 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 as they used to. She also understood the difficulty in developing something in that location, because the City has been talking about it for years now. Now with regard to Carl Karcher, he has advocated for drive-throughs, and she's on record for supporting him wherever he wanted them, adding it was time to revisit the issue, including signage. She would like to include Washington Street in this Ordinance Amendment and make it feasible, because it's a well - thought out project. Another thing Council had to remind itself, is that by including Washington Street, it didn't mean the project was approved, it' just meant it was changing the zoning. She said there was still a whole process that a person had to go through to create a business in Palm Desert, which was in keeping with the City's high standards that have kept the City safe and viable for the community. Councilmember Kelly found it remarkable the City's Youth Committee representative discussed the research they're doing as advocates to reduce the extent to which cars idle in Palm Desert. So you have the youth looking at the potential harm to the City's air quality on the same evening that the grown ups are being encouraged to make a change that could potentially cause more idling and more consequences for air quality. She said the developers provided materials that included some research on that point, but she considered that research somewhat suspect. It's true things are changing rapidly, in that in five years this issue might look different, and in ten years it might look dramatically different, but from where she sat this evening, she was most content with the proposed zoning change as it emerged from the last meeting. If there are those that want to tackle the research to show that the environment and aesthetic issues can successfully be addressed, she was open to looking at it, but there is no record before the City Council that would enable her this evening to change the City's long-standing policy. Therefore, this evening she was in favor of passing the proposed Ordinance as presented this evening as something they can all agree upon. She reiterated if there are those who want to continue the research to demonstrate that a broader policy can be justified, she will look at it. Mayor Pro Tem Jonathan added this was another one of those issues where he could see the merits on both sides. He noted that he met with Mr. Lundin and Mr. Fawcett at their request, and he was impressed with the potential they demonstrated for the project, including the lanes for the drive through, but on the other hand, Mr. Rodriguez's comments were persuasive. If Council approves the expansion of the drive through Ordinance to include Washington Street, it would begin on a somewhat slippery slope. He said the 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2017 Draft demarcation is clear in that a drive though needs to be close to the freeway and it's worked well for the City. However, expanding the overlay to the Casey's site, which is closer into the City, later someone will want to get even closer in and eventually risk the aesthetics and quality of Palm Desert. He concurred with staff's recommendation to exclude Washington Street at this point, but keeping an open mind, because the Ordinance can be modified. He said the City has had other developers tell the Council they couldn't do it without "X," and the next thing you learn is that they found a creative way of doing the project after all, and maybe that will happen here. He noted that after 16 years on the Planning Commission you learn hard lessons, hopefully not the hard way, in that anything that goes up is not coming down. The landscape of this community is changed forever, so you have to make sure it's done correctly. He concurred with Councilmember Kelly's sentiments, and he was open-minded about revisiting this issue if the developer demonstrated environmental and aesthetic sensitivity, by providing proof to his satisfaction, that the only way anything could be developed on this corner would be to allow a Starbucks drive -through. Mayor Harnik agreed it was a fine project and aesthetically pleasing, but its ill placed. With regard to emissions, she said the State does their best to control, and the regulations are onerous and difficult to meet; however, this was about a land use issue. She noted she took part in the Envision Palm Desert and her experience was that it was primarily about creating a pedestrian -friendly community, which was carried onto the Strategic Plan that was approved by three Councilmembers on the dais. Further, the General Plan Update, which was created from the blueprint of the Envision Palm Desert, was adopted less than five months ago unanimously by the current Council; therefore, she couldn't support or consider changing it. She was open to change, but only to make the community better. Councilmember Weber commented she understood the concerns with regard to creating a slippery slope situation, because she shared that concern passionately as well. However, she wanted to allow Washington Street to remain as one of the main streets it can consider putting a different kind of restaurant, stating it would then be up to the developer to continue with the standards and aesthetics of Palm Desert. She also agrees that everybody was very conscientious of the Envision Palm Desert that led to the General Plan Update, but a lot of those people were not focusing on Washington Street or on Cook Street where the college is located. At this time, she understood Council just wants to approve Monterey Avenue and Portola Avenue, and it would be up to the developer to prove it should include Washington Street, but that was a big responsibility to put on the 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 developer when all this Council had to do was include it in the proposed Ordinance Amendment. Councilmember Kelly believed all were in agreement that the Ordinance is passed to second reading, changing the zoning on Monterey Avenue and Portola Avenue, which was a positive step. Councilmember Kelly moved to waive further reading and adopt Ordinance No. 1322. Motion was seconded by Jonathan and carried by a 4-1 vote (AYES: Jonathan, Kelly, Weber, and Harnik; NOES: Nestande). XV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 1 TO CONSERVE LANDCARE, INC., IN THE AMOUNT OF $117,480 PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C35950, PROJECT NO. 901-18). Mayor Pro Tem Jonathan recused himself from this item due to a potential conflict of interest and left the Council Chamber. Mr. Greenwood stated Items A -I, the next nine items, are routine contracts/awards or agreed upon extensions, which are for landscaping maintenance, sweeping, and janitorial maintenance. With regard to the extension of contracts, he wanted Council to know that staff takes them seriously, in that they are not just extended because it's the easiest thing to do. In some cases they have been allowing increases due to minimum wage and cost increases for up to 3%, but in this case for Item A, Landscape Supervisor Randy Chavez couldn't live with the requested amount, therefore, it did go out for re -bid. Councilmember Kelly moved to, by Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 1 to Conserve LandCare, Inc., Thousand Palms, California, for a one-year term in the amount of $117,486; 2) include extra repair work and services in an amount not to exceed 20% of the contract amount ($23,496); 3) authorize the Mayor to execute said contract — funds are available in General fund Account No. 1104614-4337001 - Repair/Maintenance Medians and Assessment District Account No. 2764374-4332000 - Haystack Drainage Channel. Motion was seconded by Nestande and carried by a 4-0 vote (AYES: Kelly, Nestande, Weber, and Harnik; NOES: None; ABSENT: Jonathan). 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 B. REQUEST FOR APPROVAL OF A SECOND ONE-YEAR EXTENSION TO CONTRACT WITH MARIPOSA LANDSCAPES, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 6 IN THE AMOUNT OF $78,415.80 AND INCLUDE REPAIR WORK AND SERVICES NOT TO EXCEED 20% OF THE SPECIFIED CONTRACT AMOUNT (CONTRACT NO. C33302, PROJECT NO. 906-14). Responding to question, Mr. Greenwood confirmed this was a one-year extension. Councilmember Nestande moved to, by Minute Motion: 1) Approve a second one- year extension to subject contract with Mariposa Landscapes, Inc., Irwindale, California, for Landscape Maintenance Area No. 6 in the amount of $78,415.80; 2) include repair work and services at the specified contract amount, not to exceed 20% thereof ($15,683); 3) authorize the Mayor to execute said contract extension — funds are available in General Fund Account No. 4414195-4332000 - Desert Willow Repair and Maintenance. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). C. REQUEST FOR APPROVAL OF A SECOND ONE-YEAR EXTENSION TO CONTRACT WITH MARIPOSA LANDSCAPES, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 9 IN THE AMOUNT OF $203,934.72 AND INCLUDE REPAIR WORK AND SERVICES NOT TO EXCEED 20% OF THE SPECIFIED CONTRACT AMOUNT (CONTRACT NO. C33312, PROJECT NO. 909-14). Councilmember Kelly moved to, by Minute Motion: 1) Approve a second one-year extension to subject contract with Mariposa Landscapes, Inc., Irwindale, California, for Landscape Maintenance Area No. 9 in the amount of $203,934.72; 2) include repair work and services at the specified contract amount, not to exceed 20% thereof ($40,787); 3) authorize Mayor to execute said contract extension — funds are available in General Fund Account No. 1104614-4337001 - R/M Medians. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None) D. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION TO CONTRACT WITH CONSERVE LANDCARE, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 16 IN THE AMOUNT OF $159,720 AND INCLUDE REPAIR WORK AND SERVICES IN AN AMOUNT NOT TO EXCEED 20% OF THE SPECIFIED CONTRACT AMOUNT (CONTRACT NO. C34851, PROJECT NO. 916-16). Mayor Pro Tem Jonathan recused himself from this item due to a potential conflict of interest and left the Council Chamber. 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 Councilmember Weber moved to, by Minute Motion: 1) Approve a one-year extension to subject contract with Conserve LandCare, Inc., Thousand Palms, California, for Landscape Maintenance Area No. 16 in the amount of $159,720; 2) include repair work and services at the specified contract amount not to exceed 20% thereof ($31,944); 3) authorize Mayor to execute said contract extension — funds are available in General Fund Account No. 1104611-4332001 - Repair/Maintenance Landscaping Services. Motion was seconded by Nestande and carried by a 4-0 vote (AYES: Kelly, Nestande, Weber, and Harnik; NOES: None; ABSENT: Jonathan). E. REQUEST FOR APPROVAL OF A SECOND ONE-YEAR EXTENSION TO CONTRACT WITH EXCEL LANDSCAPE, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 17 IN THE AMOUNT OF $235,966.80 AND INCLUDE REPAIR WORK AND SERVICES NOT TO EXCEED 20% OF THE SPECIFIED CONTRACT AMOUNT (CONTRACT NO. C33412, PROJECT NO. 917-14). Councilmember Kelly moved to, by Minute Motion: 1) Approve a second one-year extension to subject contract with Excel Landscape, Inc., Corona, California, for Landscape Maintenance Area No. 17 in the amount of $235,966.80; 2) include repair work and services at the specified contract amount, not to exceed 20(3/0 thereof ($47,193); 3) authorize Mayor to execute said contract extension — funds are available in General Fund Account No. 1104610-4332001 - RIM Landscape Services, Account No. 1104610-4337100 - Tri-Cities Sports Facility, and Account No. 1104611-4332001 - R/M Landscape Services. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). F. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION TO CONTRACT WITH CONSERVE LANDCARE, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 18 IN THE AMOUNT OF $82,860 AND INCLUDE REPAIR WORK AND SERVICES NOT TO EXCEED 20% OF THE SPECIFIED CONTRACT AMOUNT (CONTRACT NO. C34861, PROJECT NO. 918-16). Mayor Pro Tem Jonathan recused himself from this matter due to a potential conflict of interest and left the Council Chamber. Councilmember Weber moved to, by Minute Motion: 1) Approve a one-year extension to subject contract with Conserve LandCare, Inc., Thousand Palms, California, for Landscape Maintenance Area No. 18 in the amount of $82,860; 2) include repair work and services at the specified contract amount, not to exceed 20% thereof ($16,572); 3) authorize Mayor to execute said contract extension — funds are available in General Fund Account No. 1104611-4332001 - R/M Landscaping Services and Account No. 1104611-4391000 - Community Gardens. Motion was seconded by Nestande and carried by a 4-0 vote (AYES: Kelly, Nestande, Weber, and Harnik; NOES: None; ABSENT: Jonathan). 18 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2017 Draft G. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION TO CONTRACT WITH M & M SWEEPING, INC., FOR COMMERCIAL AND RESIDENTIAL STREET SWEEPING IN THE AMOUNT OF $140,809.56 (CONTRACT NO. C34241). Councilmember Weber moved to, by Minute Motion: 1) Approve a one-year extension for subject contract with M & M Sweeping, Inc., Thousand Palms, California, for Commercial and Residential Street Sweeping in the amount of $140,809.56; 2) authorize Mayor to execute same — funds are available in General Fund Account No. 1104310-4332000 - Street Repair and Maintenance. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). H. REQUEST FOR APPROVAL OF A SECOND ONE-YEAR EXTENSION TO CONTRACT WITH DEDICATED BUILDING SERVICES, LLC, FOR JANITORIAL SERVICES AT CITY FACILITIES IN THE AMOUNT OF $91,678.20 (CONTRACT NO. C33742, PROJECT NO. 771-15). Mayor Pro Tem Jonathan moved to, by Minute Motion: 1) Approve a second one- year extension to subject contract with Dedicated Building Services, LLC, Sherman Oaks, Califomia, for Janitorial Services at City Facilities in the amount of $91,678.20; 2) authorize Mayor to execute same — funds are available in General Fund Account No. 1104340-4332600 - R/M Janitorial and Account No. 5104195-4369800 - Henderson Building. Motion was seconded by Nestande and carried by 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). I. REQUEST FOR APPROVAL OF A SECOND ONE-YEAR EXTENSION TO CONTRACT WITH DEDICATED BUILDING SERVICES, LLC, FOR JANITORIAL SERVICES AT THE PARKVIEW OFFICE COMPLEX IN THE AMOUNT OF $86,404.56 (CONTRACT NO. C33872). Councilmember Kelly moved to, by Minute Motion: 1) Approve a second one-year extension to subject contract with Dedicated Building Services, LLC, Sherman Oaks, California, for Janitorial Services at the Parkview Office Complex in the amount of $86,404.56; 2) authorize Mayor to execute same — funds are available in General Fund Account No. 5104195-4369601 - CAM-BLDG #444, Parkview. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). 19 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 J. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE INTERSECTION IMPROVEMENTS AT BURSERA STREET, THRUSH ROAD, AND MOUNTAIN VIEW PROJECT TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $232,620 (CONTRACT NO. C35930, PROJECT NO. 530-17). Mr. Greenwood stated that over a year ago, residents from Mountain View addressed the City Council regarding flooding issues in their homes during severe storms. Council directed staff to address the issue, so it designed and budgeted a project. In the process, staff identified another similar location on Highway 74 on Thrush Road that will also be fixed as part of the same contract. Mayor Harnik knew flooding had been in issue, so this contract was going to make a lot of people happy. Additionally, it was not a Palm Desert problem, because it happened when it was unincorporated, and the City was now fixing that issue. Mr. Greenwood explained this was a stop -gap measure, stating the homes actually sit below the nearest storm drain system, so the way it's being addressed, is that the elevation of the street is being raised so that water doesn't run onto Mountain View. It's not the typical solution, but it's the best it can do without creating a new storm drain system. Councilmember Nestande moved to, by Minute Motion: 1) Award subject contract for Construction of the Intersection Improvements at Bursera Street, Thrush Road, and Mountain View Project to All American Asphalt, Corona, California, in the amount of $232,620; 2) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $23,262; 3) appropriate $40,882 from Unobligated Drainage Fund 232 to Account No. 2324690-5000450 - Mountain View; 4) authorize Mayor to execute said contract — with the appropriation, funds are available in Drainage Fund 232. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). K. REQUEST FOR AUTHORIZATION TO UTILIZE WILLDAN ENGINEERING AND PLANNING FOR CODE COMPLIANCE STAFFING SERVICES FOR A PERIOD OF APPROXIMATELY SIX (6) MONTHS IN AN AMOUNT NOT TO EXCEED $70,000 (CONTRACT NO. C36060). Mr. Stendell noted the staff report regarding authorizing staff to contract out for Code Compliance Services for the next six months. Mayor Pro Tem Jonathan complimented Mr. Stendell on a well -written report, stating he liked how he listed three reasons to justified the recommendation, which resonated with him. He also liked how staff generally thinks in a financially efficient manner, which spoke well for the City. 20 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2017 Draft Mayor Harnik agreed, stating she also liked that staff was thinking about developing employees from within. Mayor Pro Tem Jonathan moved to, by Minute Motion, authorize: 1) Agreement with Willdan Engineering and Planning, San Bernardino, California, in an amount not to exceed $70,000 for temporary Code Compliance Staffing Services for a period of approximately six (6) months; 2) City Manager to execute any agreement necessary to effectuate above action; 3) payment from Account No. 1104470-4309000 - Professional Services -Other — funding is available through salary savings in General Fund Account No. 1104470 - Community Development. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). L. REQUEST FOR AUTHORIZATION TO RENAME THE SAN PABLO COMMUNITY GARDEN IN HONOR OF FORMER MAYOR AND COUNCILMEMBER ROBERT A. SPIEGEL. Ms. Riddle stated a suggestion was made to the City for its consideration of renaming the San Pablo Community Garden after former Mayor/Councilman Robert A. Spiegel. Staff reviewed the Parks and Facilities Naming Policy, Mr. Spiegel's involvement with the creation of the community garden, and Mr. Spiegel's dedication and service to the Palm Desert Community. She said staff recommended approval of renaming the community garden to the "Robert A. Spiegel Community Garden." Mayor Pro Tem Jonathan stated he wanted to make sure that his thoughts on this are not misconstrued, because he had nothing but the greatest and deepest respect for everything that Mr. Spiegel has done in the many years of service, including and in particular, the community gardens. However, he has a general philosophical discomfort with self-aggrandizement by elected officials. It felt to him a little bit like the Academy Awards where folks get together and pat each other on the back and tell each other how great they are. He said Councilmembers roles is to serve the City and residents, and that's reward enough. He didn't mind the next item on the agenda where naming a scholarship in someone's name, because it has a less permanent aspect to it, which he thought would be more appropriate. Again, he has trouble with what is being proposed, but it had nothing to do with Mr. Spiegel, it was just a general philosophical issue he has with permanent recognition of elected officials on physical facilities. Councilmember Kelly said she understood, but she could testify that this practice has served its purpose in her life. The purpose is to remember someone who is a good example and can inspire. She said in five or ten years from now when somebody inquires about Robert A. Spiegel, and to hear the story of public service, it might inspire someone. Having been a longtime resident of other cities, she has asked those questions and heard stories that inspired her. She said we want to remember the worse of 21 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 history, but also the best of history, because doing both of those things helps in guiding people for the future. Mayor Pro Tem Jonathan said he completely agreed, but right or wrong, in his mind he drew a distinction between civilians, if you will, the true volunteers, the ones behind the soup kitchen that move the boxes; the people that do the hard work. He added he drew a distinction between those kinds of people versus elected officials. While he completely agreed that we need to remember the worse and the best, to him, when you run for office there shouldn't be the possibility of motivation by public angulation. Councilmember Kelly states she was certain that Mr. Spiegel never ran for office hoping that the community garden would be named after him. It might be persuasive with her if the Council was trying to name something in honor of a current office holder, but this was someone no longer in office. However, this Council is taking an initiative to uphold someone for their positive example, which she was entirely comfortable. Mayor Harnik thanked Ms. Spiegel for her patience, because if Mr. Spiegel was running the meeting, it would have been over an hour ago. She added that over the years she heard many times about the trip that gave birth to this idea of the community gardens and the discussions over what to do with the land. She said Mr. Spiegel took such pride in those community gardens, so this was a great way to recognize him for all that he gave to the City. Councilmember Kelly moved to, by Minute Motion, authorize staff to rename the San Pablo Community Garden the "Robert A. Spiegel Community Garden." Motion was seconded by Weber and carried by a 4-1 vote (AYES: Kelly, Nestande, Weber, and Harnik; NOES: Jonathan). M. REQUEST FOR APPROVAL OF THE ESTABLISHMENT OF A SCHOLARSHIP IN THE NAME OF FORMER RIVERSIDE COUNTY FOURTH DISTRICT SUPERVISOR JOHN J. BENOIT. Ms. Riddle recalled for the Council that at its meeting of January 12, staff was directed to take a look at possibly establishing a scholarship for former Supervisor John Benoit. Contact was made with the Coachella Valley Workforce Excellence (CVWE), formerly the Coachella Valley Economic Partnership (CVEP). The organization was specifically established to raise funds and administer scholarship programs for the Coachella Valley. The One Future Coachella Valley - Pathways to Success 50/50 Match Program is the program being suggested for the scholarship. If the City contributes $2,500, then the organization contributes the same amount for a total of $5,000. The lowest scholarship amount they accept is $1,250 for a $2,500 scholarship. The Workforce Excellence will administer the Program and 22 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 work directly with the City to establish Palm Desert's criteria. She said the City could also partner with them to identify the recipient of the award. Councilmember Weber asked if this was a one-time donation, and inquired about the $250 fee to administer the scholarship, which she thought was a large amount. Ms. Riddle explained it was a one-time donation, and with regard to the $250 fee, she said the Workforce Excellence will work with City staff to establish a program. Further responding, she said if the City wanted to be involved in the selection, it can, adding it was up to the City to determine how involved it wanted to be. Councilmember Weber questioned if this was part of Coachella Valley Economic Partnership (CVEP). Mayor Harnik said "One Future Coachella Valley" is the new name. Councilmember Weber said the fee seemed high, because they are doing this for a lot of scholarships at the same time. Ms. Riddle replied that CVWE receives matching funds from different cities, organizations, individuals, and whoever chooses to contribute. Mayor Pro Tem Jonathan explained that in general, it's common practice for charitable organizations to include a 10% add on when they solicit donations so that 100% of it goes to the intended purpose. The 10% is intended to cover operating expenses. Councilmember Weber stated when people donate for scholarships to the Rotary, as Rotarians they forward the full amount and there is no added fee, which is why she questioned this nonprofit organization adding one. Mayor Harnik stated she was involved with CVEP when they instituted the fee, mainly because they process so many scholarship and the organization does pay salaries to get it done. She herself has even gone through the process of interviewing people and reviewing applications. Additionally, CVWE has high -standards, because legally they must comply with regulations in terms of how they distribute the funds. It is a large effort, pointing out that the organization is also matching the funds, so that $2,500 donation becomes a $5,000 scholarship. Councilmember Weber suggested making it clear that the donation would be matched, stating it would be good to have it in writing. 23 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2017 Draft Mayor Pro Tem Jonathan also suggested adding to the motion that the scholarship be restricted to Palm Desert High School students, because in order to qualify, it should be needed based and low income. He said a lot of people don't realize this, but there are plenty of students at Palm Desert High School that fit that criteria, and in his mind, it's easier to justify an expenditure when it benefits the City. Mayor Pro Tem Jonathan moved to, by Minute Motion, authorize/approve: 1) City Manager to work with Coachella Valley Workforce Excellence, Inc., to establish the John Benoit Scholarship Fund and Program Development; 2) establishment of a scholarship in the name of former Fourth District Supervisor John Benoit in the amount of $2,500 through Coachella Valley Workforce Excellence, Inc.; 3) 10% operating fee ($250) to Coachella Valley Workforce Excellence, Inc.; 4) City Manager to execute agreement(s) and expenditure of funds relative to the scholarship (Contract No. C36070); 5) expenditure in the total amount of $2,750 from Account No. 1104110-4388000, as amended to clarify that this is being contributed as a matching funds program that will result in a $5,000 scholarship, and that the scholarship be restricted to Palm Desert High School students. Motion was seconded by Weber. Mayor Harnik explained that this scholarship was in lieu of any donation at his services. Therefore, this donation is from the City of Palm Desert, and to indicate that it needs to be awarded to a student from Palm Desert High School where both of his children graduated from, was a good thing. Mayor Harnik called for the vote and the motion carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None) N. REQUEST FOR APPROVAL OF PALM DESERT'S 2017 INDEPENDENCE DAY CELEBRATION. Management Analyst Amy Lawrence noted the staff report for the 2017 Independence Day Celebration that includes contracts for fireworks display, live entertainment, shuttle service, and miscellaneous expenditures. She said Sonia Cooley from the Fire Department was also available to answer questions about the fireworks vendor. Councilmember Kelly said she appreciated the thorough staff report and explanation for sticking with the past provider. Mayor Pro Tem Jonathan agreed, stating it was an unusual situation where the City is accepting a bid that's actually higher than the other two bids submitted, but he briefly went on the website to research the other applicants and the difference was palpable, so he understood why staff made that decision. 24 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2017 Draft Mayor Harnik said she attends the Celebration every year, and she's always so proud, not only for all the Americana reasons, but also for what the City team provides for the entire Valley. Councilmember Weber moved to, by Minute Motion, authorize/approve: 1) Independence Day Celebration scheduled for Tuesday, July 4, 2017; 2) Contract No. C36080A with Pyro Spectaculars, Inc., in the amount of $40,000 for professional pyrotechnic staff and supplies for the fireworks display (subject to modification as may be required by the City Attorney); 3) Contract No. C36080B with Dan Methe - Swing Cats Big Band in the amount of $3,650 for live entertainment; 4) Contract No. C36080C with Lin Lines in the amount of $2,231 for shuttle service during the event; 5) Mayor to execute said contracts; 6) expenditures' preapproval of up to $60,000 from the FY 2017-2018 Budget for the 2017 Independence Day Celebration (includes miscellaneous expenses). Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). O. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) TO UPDATE THE CITY'S ECONOMIC DEVELOPMENT STRATEGIC PLAN (CONTRACT NO. C36090). Mr. Alvarez stated the last Economic Development Strategic Plan was adopted in 2012, and several things have changed since that period, such as new developmental concepts with the new General Plan Update, San Pablo Corridor, University area, etc. Staff felt it was a good time to go out for Request for Proposals (RFP) to update the City's Economic Development Strategic Plan. This was also a goal that was approved by the City Council as part of the City Manager's Performance Evaluation Criteria. Before the City Council is a draft of the RFP, and if approved, they would like to issue it and review proposals in the early part of June. As part of the recommendation, staff would like for the City Council to appoint two Councilmembers to serve on the panel. Mayor Pro Tem Jonathan and Councilmember Kelly agreed to serve on the panel, and Mayor Harnik suggested serving as an Alternate. Councilmember Nestande moved to, by Minute Motion: 1) Authorize staff to issue a Request For Proposals (RFP) to update the City's Economic Development Strategic Plan; 2) Appoint Mayor Pro Tem Sabby Jonathan and Councilmember Kathleen Kelly to serve on the consultant evaluation committee, with Mayor Jan C. Harnik as the alternate. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). XVI. CONTINUED BUSINESS None 25 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING XVII. OLD BUSINESS None XVIII. PUBLIC HEARINGS Draft APRIL 27, 2017 A. REQUEST FOR APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AMENDED CITIZEN PARTICIPATION PLAN AND OPEN CITIZEN PARTICIPATION PROCESS FOR DEVELOPMENT OF THE FIVE-YEAR CONSOLIDATED PLAN - FISCAL YEARS 2018-2019 TO 2022-2023 AND THE FISCAL YEAR 2018-2019 ACTION PLAN. Ms. Riddle introduced Mr. Ralph Castaneda, the consultant retained to help the City through its process of developing the Affirmatively Furthering Fair Housing (AFFH) and the public input for that plan along with the Community Development Block Grant (CDBG) Program. Part of the request is to amend the Citizens Participation Plan (CPP), which is part of the overall CDBG. She said staff will open up the public input process this evening for both the development of the AFFH and the Five Year Consolidated Plan. Because both plans need to run simultaneously for the same time period for fiscal years 2018/2019 to 2022/2023, staff will open the input process at the same time. Staff will then take the information gathered through those processes and develop both plans. The AFFH Plan is an assessment of the City's Fair Housing, which Mr. Castaneda will speak to in more detail. The Five Year Strategic Plan is relative to the CDBG Program and it identifies the City's goals and objective for a five year period on how the City plans to address housing, low to moderate income needs, and other aspects of the community. MR. RALPH CASTEN'ADA, Consultant with Ralph Castenada and Associates, stated that when the City submits its Five Year Consolidated Plan, it must certify its Affirmatively Furthering Fair Housing (AFFH). In the past the City has accomplished this through the Analysis of Impediments to Fair Housing (Al). Now that certification process has been changed with a new document called the Assessment of Fair Housing (AFH). The new approach started in September 2010, when the Government of Accounting Office (GAO) from the Department of Housing and Urban Development (HUD) finished its oversight on the Al process. The GAO reviewed more than 400 Al's and found many lacking in detail, inconsistencies with the guidelines, incomplete, and outdated, which initiated HUD to start changing the process. Therefore, in July 2013, HUD prepared and proposed a new Affirmatively Furthering Fair Housing (AFFH) Rule and replaced the Al (Analysis of Impediments to Fair Housing) with the AFH (Assessment of Fair Housing). It took two years to finalize the AFFH Rule in July of 2015. In part, because HUD received 1,200 comments on the proposed Rule, which is 103 pages with 81 pages of HUD responses to the comments. In any 26 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 event, it's now final and cities are starting to comply. In fact, 22 grantees in October of last year submitted their AFH, and this year 106 grantees are required to submit to HUD an AFH. There are three entities that must comply with the new requirement as follows: 1) Public Housing Authorities, created under the 1937 Housing Act, e.g., County of Riverside Housing Authority; 2) States that receive HUD funds, specifically CDBG; and 3) Local Governments that receive CDBG. There are more than 1,200 cities throughout the Country that receive CDBG funds and therefore are under this requirement. He said there are differences between the two approaches in that AFH, the new Rule, is now a regulation, and Al, the old approach, HUD provided guidance in terms of what cities ought to do. Now with AFH, it provides a clear account content in terms of each and every item that must be addressed and discussed in the AFH, adding that HUD now provides data and maps to help in that process. The two most important changes, is that the AFH must be submitted to HUD, who has to review it and get back to cities on whether or not they accepted the document. In the old days, with the AI, HUD was not required to review the documents. Basically, cities were able to say they prepared one, identified impediments, listed actions taken, and doing the paperwork in terms of following through. In some occasions, HUD would get involved, particularly when there was an issue related to fair housing that was brought to their attention by the public. As a result of that, HUD got involved in looking at Al's to see if it was a bonafide document. Another key element in this new approach is that acceptance by HUD is required in order to be able to have the Consolidated Plan and Strategic Plan approved. The document needs to be submitted to HUD at least 270 days before the Strategic Plan is submitted. This allows time to revise the document if necessary and/or if there is information in the AFH that would be helpful with regard to the goals and priorities that are carried through in the Consolidated Plan and Strategic Plan. He said HUD is very specific in terms of what is required, such as the following key issues: 1) Segregation and Integration, which must be directly addressed. HUD has provided collected data for all entities required to submit, and they developed three categories of low, moderate, and high segregation. The data that HUD provided to Palm Desert, indicates it falls into the low segregation; 2) Racially/Ethnically Concentrated Areas of Poverty (R/ECAPs). He explained that HUD is looking at areas where the population is 50% non -white and where there is extreme poverty of 40% or more. In terms of the data provided by HUD, Palm Desert doesn't have an area or neighborhood that falls within the meeting, but there is in some regions that include both Riverside and San Bernardino County in approximately 22 census tracts, some in the County, Indio, Moreno Valley, Riverside, Victorville, Barstow, and San Bernardino City; 3) Disparities in Opportunity. Again, HUD developed data and indexes to measure people and census tracts, and they looked at topics such a education, employment, transportation, poverty within the neighborhoods, access to environmentally healthy neighborhoods; 4) Disproportionate Housing Needs. This is where different populations or groups in the City 27 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 have a much greater need, which is based on location and type of publicly supported housing, disabilities and types of disabilities and locations, fair housing enforcement, outreach and capacity, and resources. This really refers to work and the capacity of the Fair Housing Council of Riverside County. If there are issues in the prior categories, the AFH must identify factors that contribute to those issues, stating these factors could be such things as lending discrimination, land use and zoning, policies for affordable housing, sources of income, etc. Councilmember Kelly noted that Mr. Castaneada overlooked commenting on the third bullet -point. MR. CASTANEDA replied that the first two bullet points were key, in that it was important whether the City fell into one of those two, which is where they placed their attention, and they have yet to get into any of the other areas in greater detail. Once they have gone through all of those items, they have the task of developing a plan with goals and priorities. The four major goals are the following: reduction of segregation, elimination of racially and ethnically concentrated areas of poverty, reduction in disparities in access to important community assets, and narrowing the gap in terms of disproportionate needs. In terms of the process and timeline, he has provided the City with an assessment tool, which is an outline indicating instructions as to what is to be done. It is very similar to the Consolidated Plan document that the Council reviewed before, in the sense that HUD identifies questions and there is a document response. The timeline is as follows: 1) HUD provides the City with data and maps; 2) The City can supplement HUD's data with local knowledge; 3) Community Participation and Consultation. This component requires two public hearing, community participation meetings, questionnaires, and other vehicles to elicit input; 4) Draft Assessment of Fair Housing (AFH). In order to meet the deadline, he anticipates a draft of the AFH will be available early August, which will then follow a 30-day review period; 5) City Council Public Hearing in September 2017. He said they will bring back a revised plan from the input received from that 30-day review period; 6) Submittal to HUD - Deadline date is October 4, 2017. They will submit the AFH to HUD, and then HUD will have 60 days to review the document and get back to the City, which he expects they will accept the document by December 2017. If HUD has comments, then the City has 45 days in which to respond. He said they are just getting started in certain aspects of the process, but they did look into the two key elements of the document as outline in his report. Mayor Pro Tem Jonathan stated the presentation had to do with housing, but the recommendation before the City Council was regarding the Community Development Block Grant, questioning what was the link between the two. 28 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 Ms. Riddle explained that because Palm Desert was an entitlement community with the U.S. Department of Housing and Urban Development (HUD) for the CDBG Program, there are certain things that have to be approved in a certain order. Palm Desert has to start the process this year in order to submit the plans by the deadlines. The two Plans that need to be completed, the Acceptance of the Amended Citizens Participation Plan, and opening the public input period for the development of the Affirmatively Furthering Fair Housing, as well as the Five Year Consolidated Plan for the CDBG Program. Mayor Pro Tem Jonathan said the City has to do all of those things in order to qualify for the CDBG. Ms. Riddle answered yes, because if the City doesn't do the Plans and have them approved by HUD, then it won't qualify to be an entitlement community. Further responding, she confirmed that if the City elected not to do the Plans, it won't qualify for the CDBG. Mayor Harnik declared the public hearing open, and invited public testimony FAVORING or OPPOSING this matter. Mayor Harnik left the public hearing open. Councilmember Kelly moved to, by Minute Motion: 1) Approve Community Development Block Grant (CDBG) Amended Citizen Participation Plan; 2) open Citizen Participation process for development of the CDBG Five -Year Consolidated Plan FY 2018- 2019 to 2022-2023 and the FY 2018-2019 Action Plan — no further action is required at this time. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). XIX. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager's Meeting Summaries Report for the Period of April 3-14, 2017. With City Council concurrence, the Meeting Summaries Report was received and filed. Ms. Aylaian made the following announcements: 2. Passing of Bruce Altman She announced that on April 13, Bruce Altman passed away. He was a longtime City Manager for the City of Palm Desert from 1983 to 1995. She said plans for services were unknown at this time. 29 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Draft APRIL 27, 2017 Mayor Pro Tem Jonathan noted that Mr. Altman was an admiral individual and requested flowers be sent to the family, and Mayor Harnik suggested making a donation to a worthwhile organization he supported. Ms. Aylaian agreed to look into both requests. 3. Administrative Professional Week She wished to acknowledge the work of office assistants and secretaries who every day elevate their performance at City Hall and the quality of service it delivers to both residents and businesses. B. CITY ATTORNEY None C. CITY CLERK Ms. Klassen announced the upcoming study sessions to be held in the Administrative Conference Room (ACR), stating they were unknown at the time the agenda was posted: May 09, 2017 - Budget for FY 2017/2018 - 9:00 a.m. - 2:00 p.m. May 11, 2017 - Community Choice Aggregation (CCA) - 2:00 p.m. - 3:00 p.m. May 12, 2017 - Budget for FY 2017/2018 - 8:30 a.m. - 2:00 p.m. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Susan Marie Weber's Meeting Summaries Report for the Period of March 27 - April 9, 2017. With City Council concurrence, Susan Marie Weber's Meeting Summaries Report was received and filed. 30 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING 2. City Council Comments: Draft APRIL 27, 2017 a) Community Choice Aggreaation (CCA) - Mayor Pro Tem Jonathan reported he serves on the ad hoc committee relating to the replacement of Southern California Edison as an energy provider. It's an interesting concept for which the City will have a study session as mentioned by the City Clerk. b) Public Safety Commission - Mayor Pro Tem Jonathan reported the Commission received and reviewed a detailed budget proposal from the Fire and Police Department, which will be discussed in the upcoming budget meetings. c) Desert Willow President's Committee - Mayor Pro Tem Jonathan reported that Desert Willow had its best month ever for the month of March. He noted it had been behind in the budget due to the closure of the Fire Cliff Golf Course the prior year, and the month of March alone made up that deficit, so it was back on track, and he credited Kemper Sports Management for those results. d) CVAG Homelessness Committee - Mayor Pro Tem Jonathan reported the Committee accepted a proposal from The Path of Life Ministries as a replacement program for Roy's Resource Center that would provide services and housing, which is an $865,000 contract that is scalable depending upon how much funding comes in from the County and the cities. The Committee is excited, because it's making progress in that regard. e) Community Outreach Resource Program (CORE) - Mayor Pro Tem Jonathan announced that CVAG's Executive Committee unanimously passed a recommendation to have all CVAG cities implement the CORE Program, adding he was glad the City of Palm Desert has been a leader in that regard, because it had already endorsed the program. f) Investment, Audit & Finance Committee - Mayor Pro Tem Jonathan reported finances are proceeding according to budget, and the Committee has approved a new auditing firm, which is a best practice. He said it appeared the selected firm will serve the City well. 31 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2017 3. City Council Requests for Action: None 4. City Council Consideration of Travel Reauests and Reports: None XX. ADJOURNMENT Draft With City Council concurrence, Mayor Harnik adjourned the meeting at 6:11 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JAN C. HARNIK, MAYOR 32