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HomeMy WebLinkAboutPrelim - CC - 10-13-2016DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 13, 2016 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. ROLL CALL Present: Mayor Pro Tern Jan C. Harnik Councilman Sabby Jonathan Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Robert A. Spiegel Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney William L. Strausz, Successor Agency Counsel 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 Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co Anthony Baur, Asst. Chief, Palm Desert Police/Riverside Co. Grace L. Mendoza, Deputy City Clerk Fire Dept./Cal Fire Sheriff's Department ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 1 acre Located on Country Club Drive (APN 620-430-024) Negotiating Parties: Agency: Lauri Aylaian/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 2) Property: 0.67 acres Located on Dinah Shore Drive (APN 694-060-010) Negotiating Parties: Agency: Lauri Aylaian/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert Property Owner: Coachella Valley Water District Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(d)(4): Number of potential cases: 1 Mayor Spiegel requested adding an item to the agenda by four -fifths vote under Section V - Awards, Presentations, and Appointments, for Council to consider contributing $10,000 to the Palm Springs Police Officer's Association to go toward the fallen officer's families. On a motion by Harnik, second by Tanner, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the aforementioned item was added to the agenda. Mr. Hargreaves asked the City Council to consider adding an item to the Closed Session agenda by four -fifths vote, as follows: C. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) City of Palm Desert v. Kenneth Doran, Riverside County Superior Court, Case No. PSC 1605075 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 On a motion by Tanner, second by Spiegel, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the aforementioned existing litigation Item C was added to the agenda. With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session of the City Council at 3:04 p.m. He reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Charter Middle School ASB Member Isabella Mazet VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MR. ROB BALLEW, Executive Director, Family YMCA of the Desert, Palm Desert, thanked the City Council for their sponsorship of the Y-Be-Fit Palm Desert Challenge for the third time. He originally had a great two -minute video that was going to be shown, but it didn't work out. However, he will be back to show it, because the entire event was filmed with a drone and it's spectacular. In three years, this event has doubled, and this past Sunday,1,551 people came out to enjoy fitness and wellness in the Triathlon, the 51K Run, and Color Run. He said families came out to participate in one of the three events, and many came with their children in baby carriages and some people with walkers that are 90 years of age; it was an amazing family day. He noted 40 to 48 City staff participated in the events. In fact, City Manager Lauri Aylaian won in her category, Councilman Jonathan came in third place, and Director of Community Development Ryan Stendell did quite well. He left Y-Be-Fit T-shirts with the City Clerk to distribute to the City Council for their use. He added that having this event double in three years was exactly what they were hoping for, and seeing smiles in everyone's faces was wonderful as well. Also, 49 marines and their families came to the event, adding they had a sponsor that paid for their transportation, lunches, and entries, and 16 additional marines joined the kids activities. He pointed out that City Attorney Bob Hargreaves was one of 98 volunteers helping to make this event happen. Of the two main events, the 5K and Triathlon, there were 520 participants, and 140 of them were from out of the Valley. He again thanked the City Council for their sponsorship of this event. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 Councilman Jonathan commented that the marines that showed up were from the 7'h Regiment, which is the regiment that the City of Palm Desert adopted. He said it was great to see them out at the event. MR. TERRY COLLIER, Ajo Lane, Palm Desert, addressed City Councilmembers today to speak on something that affects the City of Palm Desert and all municipalities across the country. In November 2008, he was one individual who was invited to have Thanksgiving dinner with the President of the United States where he sat six or seven feet away from him, and his late wife sat next to the President. Their conversation revolved around the following three issues: 1) What really causes submarine pressure to go down in the late sixties; 2) the horrific battle that took place in Vietnam, where hundreds of lives were lost and only a few survived, and millions of dollars worth of equipment was lost, which the public never found out about; 3) what took place out in the Mojave Desert in 1971. He said these three issues dominated most of the afternoon's conversation, and when he was done with his dissertation of what took place, he said it was due to his Christian faith that he had survived these experiences. His sister-in-law, at that time, told him not to mention the word Jesus, because the President was Muslim. At the time, he wondered how that was going to work, and seven years and ten months later, he has learned his lesson on how that worked out. Therefore, when people say they are going to transform American, people need to wake up and ask what they mean. Management Analyst Deborah Glickman introduced Erin Sasse who is with the League of California Cities as the Regional Public Affairs Manager for Riverside County who is presenting the City Council with the Helen Putnam Award of Excellence. Ms. Sasse provided a video about the Helen Putnam Award of Excellence, which was established in 1982 in honor of the League of California Cities first female president, Helen Putnam. She said the Award for Excellence recognizes achievement among California cities, and only 12 awards out of 482 cities are given out each year. The award is incredibly prestigious, and she knew that all the other cities that apply and don't win are always jealous of the winners. It was also an honor that one of the cities within Riverside County was a winner this year. The Award of Excellence was presented at the League's Annual Conference last week in Long Beach, and Palm Desert received the award for Economic Development through the Arts Category. This award was designed to recognize successful programs that illustrate how investment in the arts has stimulated the local economy through tourism, festivals, cultural attractions, and performing arts or have innovative art programs that were established through a collaborative partnership. She said Palm Desert had 35 different organizations it worked with for its events. The award also recognizes city policies or ordinances that integrate the arts and culture into their General Plan, Specific Plans, or other City Council adopted policies, and she understood this was within the City's Strategic Plan. She presented the Council with an official Certificate, stating the official plaque is CI PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 coming. She congratulated the Council for a well -deserved award, and she looked forward to attending some of the City's events. Ms. Aylaian stated Ms. Glickman was the originator of the idea of the "First Weekend Palm Desert" and worked staff members in the Art In Public Places, Marketing, and Public Works Departments' to make it happen. She added that everyone played a part in it, but it was Ms. Glickman's idea. Mayor Spiegel said Palm Desert was very lucky to have her working for the City. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, OCTOBER 13, 2016, AS "JEREMIAH ESTRADA DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Pro Tern Harnik presented the proclamation to Jeremiah Estrada and congratulated him for all his achievements and commitment to play for UCLA after he graduates. She also recognized Baseball Coach Darol Salazar who has coached at Palm Desert High School for 31 years. Mr. Estrada gave credit to his Christian faith for all the blessings bestowed upon him, and the power to believe in himself. He thanked his family, coach, teammates, and the City Council for this recognition, stating it was very humbling. B. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 15-21, 2016, AS "BINATIONAL HEALTH WEEK" IN THE CITY OF PALM DESERT. Representatives from the Central City Community Health Centerwere unable to be present for today's recognition. The proclamation will be delivered to them. C. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 13, 2016, AS A DAY OF REMEMBRANCE OF OFFICERS JOSE GIL VEGA AND LESLEY ZEREBNY. On behalf of the entire City Council, Mayor Pro Tern Harnik presented the proclamation to Captain Walter Combs, representing the Palm Springs Police Department. Ii PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 C1. CONTRIBUTION OF $10,000 TO THE PALM SPRINGS POLICE OFFICER'S ASSOCIATION TO BE DISTRIBUTED TO THE FAMILIES OF THE FALLEN OFFICERS JOSE GIL VEGA AND LESLEY ZEREBNY. Mayor Spiegel pointed out that earlier this evening, the City Council added this item to the agenda. Councilman Jonathan moved to, by Minute Motion, approve the contribution of $10,000 to the Palm Springs Police Officer's Association to be distributed to the families of the fallen officers Jose Gil Vega and Lesley Zerebny. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). On behalf of the men and women of the Palm Springs Police Department, Capt. Combs stated they very much appreciated the proclamation. He said the families of Officers Gil Vega and Lesley Zerebny and the Department are overwhelmed with the outpouring support they have received from everyone throughout the Coachella Valley. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 22, 2016. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 9/9/2016, 9/16/2016, and 9/26/2016. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 9/16/2016, 9/23/2016, and 9/30/2016 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Cultural Resources Preservation Committee Meeting of February 23, 2016. 2. Library Promotion Committee Meeting of March 2, 2016. 3. Marketing Committee Meeting of June 21, 2016. 4. Public Safety Commission Meeting of April 13, 2016. Rec: Receive and file. C PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 E. LETTER OF RESIGNATION from Jane Turner - Housing Commission. Rec: Receive with very sincere regret. F. REQUEST FOR APPROVAL of Honorariums to Three College of the Desert Students for Design of The Charger Turf Removal and Landscaping Project in the Total Amount of $2,000 (Project No. 960-17). Rec: By Minute Motion, approve honorariums to three College of the Desert students for design of The Charger Turf Removal and Landscaping Project in the total amount of $2,000 — funds are available in Account No. 4004650-4391503 - Art In Public Places Turf Retrofit. G. REQUEST FOR AUTHORIZATION to Reject Bid Received for the Catalina Community Garden Renovation Project and to Re -bid Same (Contract No. C35610, Project No. 997-17). Rec: By Minute Motion: 1) Reject bid received for the Catalina Community Garden Renovation Project; 2) authorize City staff to re -advertise project. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34870-2016 Citywide Striping Program (Project No. 564-16) (Cal -Stripe, Inc., Colton, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35460 - Washington Charter School Playground Resurfacing (Project No. 705-17) (Robertson Industries, Inc., Tempe, AZ). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. J. REQUEST FOR APPROVAL of an Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for a VIP Open House at The Joslyn Center Located at 73750 Catalina Way on Tuesday, November 1, 2016. Rec: By Minute Motion: 1) Approve an exception to P.D.M.C. Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for a VIP Open House on November 1, 2016, at The Joslyn Center, 73750 Catalina Way; 2) authorize City Manager to sign the Daily License Application from the California Department of Alcoholic Beverage Control for this event. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 K. REQUEST FOR APPROVAL of Martha's Village & Kitchen's 2017 Bunny Hop 5K Run/Walk on Sunday, April 9 (Martha's Village & Kitchen, Applicant). Rec: By Minute Motion, as it relates to the subject event, approve: 1) Martha's Village & Kitchen's Bunny Hop 5K Run/Walk on Sunday, April 9, 2017; 2) road closures on El Paseo between Highway 74 and Portola Avenue; 3) consumption of alcoholic beverages on City - owned Property pursuant to Palm Desert Municipal Code Section 9.58.040. On a motion by Tanner, second by Weber, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2016 - 78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 2016-62 - SALARY RESOLUTION - SECTION II, EXEMPT EMPLOYEE GROUPS. Ms. Moore noted Ms. Carney was out of the office, so she would be providing the staff report. She said this was a housekeeping item to amend the salary resolution to identify employees with employment contracts. Councilman Tanner moved to waive further reading and adopt Resolution No. 2016 - 78. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). B. RESOLUTION NO. 2016 - 79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS RESOLUTION NO. 03-49, ESTABLISHING THE MARKETING COMMITTEE - MEETINGS. Tourism and Marketing Manager Thomas Soule noted the staff report and offered to answer questions. Mayor Pro Tern Harnik moved to waive further reading and adopt Resolution No. 2016 - 79. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). E PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 C. RESOLUTION NO. 2016 - 80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NOS. 2013-58 AND 09-77, AND ADOPTING A REVISED TRAVEL EXPENSE REIMBURSEMENT POLICY FOR OFFICIAL CITY BUSINESS BY ELECTED/APPOINTED OFFICIALS AND CITY EMPLOYEES. Mr. Aryan stated staff was not making any substantial changes to the Travel Policy, but it was clarifying some sections as outlined in the staff report. He noted a redlined version of the policy was within the report. Mayor Pro Tern Harnik moved to waive further reading and adopt Resolution No. 2016 - 80. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1305A-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.50 - MOBILE HOME PARK RENT REVIEW, SECTION 9.50.040 OF THE PALM DESERT MUNICIPAL CODE, TO REDUCE THE NUMBER OF MEMBERS OF THE RENT REVIEW BOARD FROM FIVE TO THREE. Mayor Pro Tern Harnik moved to waive further reading and adopt Ordinance No. 1305A. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 2. ORDINANCE NO. 1308 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVISING SECTION 2.52.510 OF THE PALM DESERT MUNICIPAL CODE - POLICY AGAINST HARASSMENT, DISCRIMINATION, AND RETALIATION. Councilman Jonathan said the staff report indicates that the employer, City of Palm Desert, has a Zero Tolerance Policy for any conduct that violates it. Also, the disciplinary action or other appropriate sanction can include termination, which will be instituted for prohibited behaviors as defined. While he certainly embraced the M PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 intent of this policy, he had exception with two provisions that, in his mind, went too far Specifically, under Section C-5(d) and (e), which appears on page 4 of the staff report. Paragraph (d) states, "Even visual, verbal, or physical conduct between two employees who appear to welcome the conduct can constitute harassment of a third applicant, officer, official, employee, or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual." Similarly, with paragraph (e) "Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even well-intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient's same protected classification would find it offensive (e.g. gifts, overattentions, endearing nicknames). Therefore, now staff has to evaluate when two people are having a conversation at the coffee station, somebody might find it offensive, that, in and of itself is enough grounds for possible termination. He believed guidelines "d" and "e" would create an atmosphere in the City of stepford employees, where everybody has to watch every single word or phrase, etc., and determine if the conversation is appropriate. He wants City employees to feel comfortable, but of course be respectful and mindful of everyone's rights. Mayor Spiegel pointed out that this was the second reading of the Ordinance, and it was approved at the first reading. Councilman Jonathan said he didn't recall, and if he's late to the party, better late than never. He reiterated that the two paragraphs he outlined went too far. Mr. Hargreaves explained that these provisions came out of California law and case laws, not things that City staff invented. However, this kind of behavior can become actionable, and discipline in any particular situation is going to be metered appropriately to the specific circumstance, and typically if there is behavior that might be offensive, it's called to the employee's attention. There could be training involved, but there is a whole process to it. He added that in certain circumstances, the law requires they be called out. It was a sensitivity kind of an issue to train people to ensure employees are not engaging in offensive conduct however innocently and not badly intended, but that someone might find offensive. He said there is a process where the conduct is called to the person's attention to have it stopped, and if it persists, they can then be disciplined. 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 Councilman Jonathan reiterated that the proposed policy states zero tolerance for any offense as listed under paragraphs "d" and "e," which he took exception. It clearly states someone can be terminated for saying something they didn't intend to offend and that isn't even heard by a third party, but it can be construed as potentially violating. He recognized he may be the only one voting against, even though he fully embraces the intent and content of the rest of the policy. Mayor Pro Tern Harnik said she understood the concern, however, zero tolerance didn't necessarily mean termination. The policy does go on to state, "... provide grounds for discipline or other appropriate sanctions." Whether that meant training or a discussion with the person to say someone was bothered by their action. She agreed the policy seemed a little over the top, but she also understood some people get offended. Mayor Spiegel moved to waive further reading and adopt Ordinance No. 1308. Motion was seconded by Weber and carried by a 4-1 vote (AYES: Harnik, Tanner, Weber, and Spiegel; NOES: Jonathan). XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF PALM SPRINGS WOMEN IN FILM AND TELEVISION'S 2017 OSCAR PARTY ON EL PASEO EVENT ON SUNDAY, FEBRUARY 26 (The Jones Group, Applicant). Management Analyst Amy Lawrence stated the Palm Springs Women in Film and Television would like to hold an Oscar Party on El Paseo. It's a charity dinner party that will be set up in the street in front of the shops on El Paseo. As noted in the staff report, the El Paseo Business Improvement District unanimously expressed their support for the event and recommended approval for the road closures. She noted Event Producer Warren Jones was available to answer questions. Councilman Tanner said many people are looking forward to the event. Councilman Tanner moved to, by Minute Motion, approve/allow: 1) Palm Springs Women in Film and Television's Oscar Party on El Paseo event scheduled for Sunday, February 26, 2017; 2) two-phase road closure plan on El Paseo from Highway 74 to Ocotillo Drive; 3) consumption of alcoholic beverages on City -owned property pursuant to Palm Desert Municipal Code Section 9.58.040. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 B. REQUEST FOR APPROVAL OF 2017 PALM DESERT CHILL 'N GRILL BARBEQUE EVENT ON SATURDAY, MARCH 4, AND SPONSORSHIP (Palm Desert Area Chamber of Commerce, Applicant). Management Analyst Amy Lawrence noted the staff report outlines the request from Palm Desert Area Chamber of Commerce to hold a Kansas City Barbeque Society (KCBS) sanctioned barbeque event at the Palm Desert Civic Center Park on Saturday, March 4, 2017. The event is called the Palm Desert Chill 'N Grill Barbeque and will be marketed as a featured "First Weekend" event. This event will include live music, car show, children's play area, and other attractions for the public to enjoy. The Chamber is requesting a sponsorship in the amount of $35,000, plus in -kind police services for this first year event. She added that the Palm Desert Hotel and Signature Events Committee supports the sponsorship for this event. She said a representative from the Chamber was available to answer questions. Councilman Tanner stated he believed this was exactly what the City was moving toward, which is to develop more signature events. With regards to the General Plan, this event fits the mold. Adding that the barbecue event held in Indio last year sold out and people had a difficult time finding parking. The Palm Desert committee working on this event has answers for all those questions and issues. In fact, Michael Hardin from The Lock Shop is probably the best barbecuer. Councilman Tanner moved to, by Minute Motion, approve: 1) Palm Desert Chill 'N Grill Barbeque Event at the Palm Desert Civic Center Park on Saturday, March 4, 2017; 2) temporary waiver of Palm Desert Municipal Code (P.D.M.C.) Section 11.01.020 - Hours of Use in City Parks; 3) temporary waiver of P.D.M.C. Section 11.01.080(P) - Prohibited Conduct Generally in City Parks - Limit Use of Park Amenity; 4) temporary waiver of P.D.M.C. Section 11.01.080(Q) - Prohibited Conduct Generally in City Parks - Vendor Sales; 5) temporary waiver of P.D.M.C. Section 11.01.080(W) - Prohibited Conduct Generally in City Parks - Possession/Consumption of Alcohol in City Parks pursuant to P.D.M.C. Section 9.58.040; 6) temporary waiver of P.D.M.C. Section 11.01.100 - Obstructing Pathways in City Parks; 7) temporary waiver of P.D.M.C. Section 11.01.140 - Amplified Sound in City Parks. Motion was seconded by Harnik; 8) sponsorship in the amount of $35,000 payable to the Palm Desert Area Chamber of Commerce from Account No. 1104416-4306201 - City -Sponsored Events (Contract No. C35790, subject to City Attorney review); 9) sponsorship of in -kind Police Services; 10) appropriation of $35,000 from Unobligated General Fund monies to Account No. 1104416-4306201 - City - Sponsored Events. Motion was seconded by Harnik. Mayor Pro Tern Harnik said she understood how the event will be marketed, but the staff report indicates it will be sanctioned by the Kansas City 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 Barbeque Society. She asked if the City will be able to use that in its publicity, because that was a big deal. MS. LAURIE BALDWIN, President/CEO of the Palm Desert Area Chamber of Commerce, sitting in the audience indicated it can. Mayor Pro Tem Harnik shared she is always apprehensive when the City invests a lot of money for first-time events. Therefore, she wants a lot of skin in the game and not just the City's $35,000 contribution. She felt the event had to prove itself, because it was a lot of money for a first time event and it's not in an ideal time on the calendar. She hopes next year the event can be moved to a better time. Councilman Jonathan understood, stating he shared the same concern, but the City was taking a leap of faith. He loved everything he was hearing about special events and making them successful, and the best one's start from outside the Council; this one is coming from the community and the City is being asked to support it. He also liked that it was different and something that's currently not in Palm Desert. He believed there was a minor payback possibility if the event is financially successful, so maybe that $35,000 will be less. He said staff will be monitoring the event, and although there was a conflict with the date with the Mountains Conservancy, hopefully the City will make lemonade out of that lemon and make it work. However, he did have a technical question, stating he understood the event area will be completely fenced in so that alcohol can be served, but the staff report indicates children will be allowed. Mayor Spiegel responded that wrist bans will be issued to those that prove they are over 21 years of age in order to buy beer. Councilman Jonathan questioned if children can be around where alcohol is being sold/serve. Ms. Lawrence replied she is working with the Chamber who is working with California Department of Alcoholic Beverage Control (ABC) on all the permitting for the event, adding that everything will be in compliance. Further, if the Chamber can't have children in the area where beer is being served and is required to have a fenced beer garden, then that's what they will have to do. Mayor Spiegel explained that one of the City's main priorities is to have more special events in Palm Desert, and he realizes that some may be successful and others may flop, but the City still had to do them, because that's what is needed. `K3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 Mayor Pro Tern Harnik pointed out that the Chamber was actually asking for $40,000, because of the $5,000 police in -kind services. Therefore, if the event makes $10,000, the City is returned $5,000. She asked if that meant that the balance will be put into a designated line item for the 2018 event. Additionally, will the Chamber be able to pin down a date for 2018, because March 41h was not an optimum date. MS. BALDW IN responded the Chamberwas prepared to designate funds for 2018 if the event is successful, which is what they do with the Golf Cart Parade, and in response to pinning down a date, she has been talking with Ms. Lawrence and Tourism and Marketing Manager Thomas Soule about moving it to January to put more head in beds at a time when it's needed. Mayor Spiegel called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). C. REQUEST FOR APPROVAL OF INCLUSION OF PROPERTIES WITHIN THE CITY OF PALM DESERT IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY'S (CMFA) OPEN PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM. Management Analyst Deborah S. Glickman explained this item is a request to expand the Property Assessed Clean Energy (PACE) Program, which is a financing program for electrical savings and water conservation. The City currently has three PACE Programs, and the one being proposed would be the fourth and of no expense to the City. The request is for Council to authorize the California Municipal Finance Authority (CMFA) to start working with the City of Palm Desert. She said representatives from CMFA were available to answer questions. Councilman Jonathan noted the proposal was unanimously approved by the Palm Desert Sustainability Committee. Councilman Tanner moved to: 1) By Minute Motion, authorize the CMFA to accept applications for the Open PACE Program from property owners, conduct contractual assessment proceedings, levy contractual assessments within the City of Palm Desert, and authorize related actions; 2) subject to finalization of negotiations and satisfaction of the City Attorney, waive further reading and adopt Resolution No. 2016 - 81, authorizing execution of a Joint Exercise of Powers Agreement relating to the California Municipal Finance Authority and consenting to inclusion of properties within the territory of the City in Open PACE Programs, and related actions; 3) by Minute Motion, authorize staff to finalize negotiation of the said Joint Exercise of Powers Agreement and the Mayor to execute same, subject to satisfaction of the City Attorney (Contract No. C35800). Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 D. REQUEST FOR AUTHORIZATION TO PURCHASE A TRAFFIC SIGNAL BOOM TRUCK FROM ALTEC INDUSTRIES, INC., IN THE AMOUNT OF $110,170. Mr. Greenwood stated that keeping the City's traffic signals operating in tip-top shape is a continuous effort, and this piece of equipment gets used every day, it's aged out, and it's time to replace it. Councilman Jonathan noted he and Mr. Greenwood had a discussion on this, but he was wondering if staff looked at the alternative of leasing this piece of equipment versus buying. Mr. Greenwood replied not on this piece of equipment, stating their conversation took place after this item went out to bid. Additionally, that process will take about a year by the time the City could cycle into it. Councilman Jonathan shared that other cities had run the analysis and concluded that in some cases there are benefits. He wasn't sure Palm Desert would come to the same conclusion and he certainly didn't want to hold off on this purchase because it's needed. However, in the future, he suggested looking at leasing, particularly for major equipment as an alternative, because it can be: a) cheaper; b) repair and maintenance can be covered; c) the rental terminal point is known and staff can budget for it. Therefore, leasing as an alternative is something he would suggest for the future. Councilmember Weber moved to, by Minute Motion, authorize purchase of boom truck from Altec Industries, Inc., Dixon, California, in the amount of $110,170 — funds are available in Account No. 5304310-4403000 - Equipment Replacement. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). E. REQUEST FOR APPROVAL OF A PURCHASE AND SALE AGREEMENT TO SELL ONE (1) ACRE OF CITY PROPERTY, A PORTION OF APN 620-430-024, LOCATED ON COUNTRY CLUB DRIVE, TO THE COACHELLA VALLEY WATER DISTRICT (CVWD) (CONTRACT NO. C35810). Mr. Acosta pointed out that the next two items are co -related in that both are Purchase and Sale Agreements and drafted by mutual Counsel, Best, Best & Krieger, and they also serve Coachella Valley Water District (CVWD). He said CVWD acted on these items at their Tuesday evening board meeting and have approved both agreements. In general, this item is the sale of a 1-acre portion of property on Country Club Drive for the purpose of CVWD building a well site that can accommodate a chromium-6 extraction facilities. 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 The co -related site is a current non-functioning well site, but there are improvements around it on the Dinah Shore Drive frontage. It's a site the City has been looking at to alleviate some challenges it's experiencing with a proposed development for circulation onto and off of a proposed commercial site, and to also improve site visibility from those travelers in the east and west directions of Dinah Shore Drive. Councilman Jonathan moved to, by Minute Motion, authorize the Mayor to execute a Purchase and Sale Agreement, Grant Deed, and Escrow Documents between the City of Palm Desert and the Coachella Valley Water District for sale of a one -acre portion of APN 620-430-024 along Country Club Drive. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). F. REQUEST FOR APPROVAL OF A PURCHASE AND SALE AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT (CVWD) TO PURCHASE THE 0.67-ACRE WELL SITE PROPERTY LOCATED ON DINAH SHORE DRIVE (A.P.N. 694-060-010) (CONTRACT NO. C35820). Please see Section XIV - New Business Item E for related discussion. Councilman Jonathan moved to, by Minute Motion: 1) Authorize the Mayor to execute a Purchase and Sale Agreement, Grant Deed, and Escrow Documents between the City of Palm Desert and the Coachella Valley Water District for purchase of CVWD well site property known as APN 694-060-010 (0.67 acres) located along Dinah Shore Drive; 2) appropriate funds in the amount of $122,830, plus escrow closing costs not to exceed $3,000, for a total of $125,830 to Economic Development Account No. 4254430-4401000. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 XVIII. REPORTS AND REMARKS A. CITY MANAGER Citv Manaaer's Meetina Summaries Resort for the Period of September 12-30, 2016. Ms. Aylaian noted Interim City Manager's Justin McCarthy's report on meetings he attended during his tenure. She also reported there were ten staff members that attended the League of California Cities Conference last week. It was held in Long Beach for three days, and it was very informative this year. She and staff met to talk about some of the sessions that were attended, adding they have good ideas that Council should expect to see or hear about and/or perhaps bring forward in the future. Several of them involve things that would impact, in a positive way, long-term cost commitments by the City, including medical benefits that are provided, and innovative ways of providing fire services at a reduced cost as seen in other cities. She believed Council will see a return on investment on the $14,000 spent by staff in attending this three-day conference. With City Council concurrence, the Meeting Summaries were received and filed. B. CITY ATTORNEY Mr. Hargreaves stated the November election includes an item, "Adult Use of Marijuana," which is anticipated to pass. He is meeting with staff to come up with options in terms of responding. There is nothing critical that needs to be dealt with right away, but he will be reconvening the committee and having conversations so that the City can be prepared to act when and if that happens. C. CITY CLERK Announcement of Upcominq Citv Council Study Sessions: a) Tuesday, October 25, 2016, at 2:00 p.m. - Fashion Week Overview & Future Visioning - Administrative Conference Room. b) Thursday, October 27, 2016, at 2:00 p.m. - General Plan Update - Administrative Conference Room. Ms. Klasen noted the upcoming Study Sessions for Councilmembers, and they so noted. 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 D. PUBLIC SAFETY 1. Fire Department None 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Susan Marie Weber's Meetina Summaries Report for the Period of September 12-25, 2016. With City Council concurrence, the Meeting Summaries were received and filed. 2. Council Reauests for Action/Committee Reports/Comments: a) Councilman Sabbv Jonathan Reports/Comments - Community Emeraencv Response Team (CERT) Trainina - He was proud to say he completed his CERT Training, stating Emergency Services Coordinator Eric Cadden does a great job with the program. He said the community and neighborhoods benefit tremendously, including homeowner associations. He hoped the City won't be called into assistance, but if and when there is a disaster, he believed the City and staff can be of assistance. - Leaaue of California Cities Annual Conference - He attended the conference and agreed with Ms. Aylaian that it was great, in that it had lots of great ideas, break-out sessions, and it covered best practices, etc. He said if the City Manager thought staff had great ideas, wait until she hears from the Council. b) Councilman Sabbv Jonathan Request for Action - Envision El Paseo - He recalled Envision San Pablo was a successful exercise that helped the Council and community see what San Pablo could be. There has been discussion about what can be done to enhance occupancy and the usefulness of El Paseo. Therefore, he suggested putting El Paseo on a road diet and/or expand the center median into a pedestrian event friendly space. He was wondering if it was beneficial to have staff look in PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 into the feasibility and funding sources for doing a similar exercise as it did with Envision San Pablo to do Envision El Paseo. Mayor Spiegel noted that Council had appointed someone to the El Paseo Merchants Association Committee. Councilman Jonathan explained that at this time, he only wanted staff to see if it was something the City wanted to move forward with or not. Ms. Aylaian agreed to have staff look into it and come back to the City Council with a plan for how a temporary trial program would work and whether it would recommend employing it. c) Mavor Pro Tern Jan C. Harnik Reports/Comments Southern California Association of Governments (SCAG) - She asked if anyone had watched the webinar on Sustainability Planning Grant Program from SCAG, stating there may be funds there for the Envision El Paseo that Councilman Jonathan was proposing. Coachella Vallev - San Gorgonio Pass - Corridor Rail Service - She said the project was moving forward slowly, and the Service Development Plan is in place or in the process. A meeting is being held today in Indio from 5:00 to 7:00 p.m., and the next meeting is in Los Angeles at the Metro Headquarters. El Paseo Holidav Liahts - She encouraged everyone to go down El Paseo to look at the lights, stating they looked great this year. The Cost of Not-Housinci by SCAG - She said that on Tuesday she attended this summit where they talked about the implications of having the right/wrong types of transportation and the right/wrong cost of housing. They discussed how it affects the young population when there is nothing they can afford to live in. Two City staff members also attended and they had a lot to talk about on the issue. What Council is looking at with the General Plan Update, she believed the City was on track as it related to housing and density. United Wav Walk - She invited everyone to participate in the Saturday walk for the United Way of the Desert at The Living Desert Reserve at 7:00 p.m. 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2016 d) Councilman Van G. Tanner Resorts/Comments Leaque of California Cities Annual Conference - He and three other Councilmembers attended this conference, stating it has always been at the top of his list of conferences to attend, because you come back with a world of knowledge. Joint Powers Insurance Association (JPIA) - He and at least two Councilmembers attended this Conference, along with City staff. He learned a lot about what Councilmembers can and can't do and should and shouldn't do. It was a great conference, stating they always provide a vast amount of knowledge. 3. Council Consideration of Travel Reauests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 5:04 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL 20