HomeMy WebLinkAbout2016-12-08MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, DECEMBER 8, 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.
II. ROLL CALL
Present:
Mayor Pro Tem Jan C. Harnik
Councilman Sabby Jonathan
Councilman Van G. Tanner
Councilmember Susan Marie Weber
Mayor Robert A. Spiegel
Present at 4:00 p.m. Reconvening:
Councilmember-elect Kathleen Kelly
Councilmember-elect Gina Nestande
Also Present:
Lauri Aylaian, City Manager
Robert W. Hargreaves, City Attorney
William W. 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
Lori Carney, Director of Human Resources
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
Stephen Y. Aryan, Risk Manager
Anthony Baur, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department
Grace L. Mendoza, Deputy City Clerk
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 74016 San Marino Circle (APN 625-064-007), Palm Desert
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
B. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d)(1):
1) WNRA Palm Desert 103, LP, v. City of Palm Desert, et al., Riverside
County Superior Court, Case No. PSC 1400549
C. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
Number of potential cases: 1
With City Council concurrence, Mayor Spiegel adjoumed the meeting to Closed
Session of the City Council at 3:01 p.m. He reconvened the meeting at 4:02 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 - Councilman Van Tanner
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
VII. INVOCATION - Councilman Sabby Jonathan
VIII. ORAL COMMUNICATIONS - B
MR. DOUGLAS GALLOWAY, 73277 Broken Arrow Trail, Palm Desert, approached
the Council to express his appreciation of Bob Richardson who will be recognized
later on the agenda. He said Bob is the President of the Palm Desert Youth Soccer
League (PDYSL), and he has been running it for 20+ years. The way this league
is run is so organized, you always get uniforms on time, there are always referees
at the games, the schedule is always perfect, the nets and flag are up, and it was
a tribute to the guy who runs the league, which is a massive undertaking. He has
coached in this league for more than 12 years, and he doesn't even have kids that
play any more as they are in high school, but as long as Bob Richardson is running
the league, he will help and coach a team. At the end of the season15 kids are
selected from each division to play on the All Star Team; this team then goes out
to Apple Valley to compete with teams from all over Southern California, and then
only eight teams will advance. Those teams that advance to the final tournament
of champions, which is the most important toumament of the year, is held in Palm
Desert. The reason the final tournament is held in Palm Desert is because they
trust one guy to run it, and his name is Bob Richardson. However, last year was the
first time in 20 years that Palm Desert did not host the toumament because of the
condition of the fields, but he's happy to report the remarkable improvements in the
fields as they look terrific, and the tournament is back in Palm Desert. As a parent
and coach, he wanted to thank Mr. Richardson for providing a safe haven of sports
for all kids.
MS. LAURI BALDWIN, Director/CEO of the Palm Desert Chamber of Commerce,
on behalf of their Board of Directors and membership, she presented a plaque to
the City of Palm Desert for sponsoring the 52nd Annual Golf Cart Parade.
MS. LINDA EVANS, Mayor of the City of La Quinta, on behalf of their entire City
Council, she presented a proclamation to Mayor Spiegel for his years of dedicated
service and contributions to the Coachella Valley. She added that she and her
colleagues have served on many committees with Mayor Spiegel and they wished
to express their appreciation. She went on to say their council said good-bye to two
councilmembers this week and welcomed fresh blood as well, adding that the
challenge and hard work are on the people joining the team. She said there are big
shoes to fill because as councils' lose and say farewell to servants like
Mayor Spiegel, it leaves a gap, and that gap is dedication, loyalty, perseverance,
contribution, and vigilance. She congratulated Mayor Spiegel on his next chapter.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY,
DECEMBER 8, 2016, AS "BOB RICHARDSON DAY" IN THE CITY OF
PALM DESERT.
On behalf of the entire City Council, Councilman Tanner presented the
proclamation to Mr. Bob Richardson for his long-standing dedication and
service to the Palm Desert Youth Soccer League and congratulated him for
receiving the 2015 CalSouth "LA Galaxy Youth Soccer Volunteer of the Year
Award," an honor given to a single person from 34,000 registered coaches,
volunteers, and program administrators from San Luis Obispo to San Diego.
With City Council concurrence, Mayor Spiegel suspended the agenda at this
point in the meeting and took up Section XIV - New Business, Items A and B -
Declaration of Results of the 2016 Palm Desert General Municipal Election,
Installation of Officers and Annual Mayoral Rotation.
Following the reorganization, remainder of the agenda was considered as
listed, with rosterforthe coming year, as follows: Mayor Jan C. Harnik, Mayor
Pro Tem Sabby Jonathan, Councilmembers Kathleen Kelly, Gina Nestande,
and Susan Marie Weber.
B. REQUEST FOR REAPPOINTMENT OF DOUG WALKER AS THE CITY OF
PALM DESERT'S REPRESENTATIVE TO THE COACHELLA VALLEY
MOSQUITO AND VECTOR CONTROL DISTRICT (CVMVCD) BOARD OF
TRUSTEES.
Councilmember Weber stated she presumed Mr. Walker has accepted to be
reappointed.
Ms. Klassen said he did, adding that he was in the audience.
Councilmember Weber shared she was just out at the Coachella Valley
Mosquito District yesterday where Mr. Walker is highly regarded, adding that
he is so knowledgeable and very aware of what's going on in the Valley. She
personally thanked him for his service, stating Palm Desert is fortunate to
have him represent the City.
Councilmember Weber moved to, by Minute Motion: 1) Reappoint Douglas J.
Walker as the City of Palm Desert's representative to the CVMVCD Board of Trustees for
a full four-year term, January 2017 to January 2021. Motion was seconded by Kelly.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
Ms. Aylaian asked for clarification on whether the motion was for a full
four-year term or an interim appointment until it makes the rest of the
appointments for committees/commissions in about two months.
Councilmember Weber said that's why she questioned if Mr. Walker was
willing to serve a four-year term, because not everyone has his skills,
knowledge, and experience to bring to the Board. She asked Mr. Walker if
he was willing to serve a four-year term.
Mr. Walker nodded in agreement.
Mayor Pro Tem Jonathan said he fully expected Mr. Walker to continue
serving the City for four years or more with appreciation. However, as a
Council, it made a commitment to interview for all committee/commission
positions, not just new applicants, but even incumbents. He wondered if
Council would consider, even with the expectation as stated and with the
appreciation for Mr. Walker, that it follow the guidelines set by Council and
instead act on the second option, which is to reappoint Mr. Walker on an
interim basis until it went through the process as indicated by the City
Manager.
Mr. Hargreaves interjected stating the Health and Safety Code provides for
either a two-year or four-year appointment, and the Attomey General
concurs; therefore, an interim appointment is not allowed. He said Council
could delay the appointment, in which case, Mr. Walker would continue to
serve in that capacity until he or someone else is appointed to fulfill that
position. He reiterated that an interim appointment isn't appropriate under
the circumstances.
Mayor Pro Tem Jonathan commented that staff would have appreciated
knowing that since that's one of the altemate recommendations.
Mr. Hargreaves agreed, however, that information came in late this
afternoon. Responding to question, he explained that the option to Council
this evening is to appoint a two-year or four-year term or delay the
appointment altogether.
Mayor Harnik pointed out that the letter from the Mosquito and Vector
Control District states Mr. Walker's term expires on January 1. She
questioned if Mr. Walker could continue serving even though his term with
the District expires in January.
Councilmember Kelly stated Council had a tremendous public servant with
special abilities, and he is scheduled to take over as chairman of the
Mosquito and Vector Control District Association Board. She would hate to
see any technicality get in the way of that, so it struck her this was a good
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
time to remember that guidelines are guides, which means Council has
flexibility. Therefore, Council can look at these particular circumstances,
make the appointment, and celebrate that Palm Desert has a tremendously
qualified person.
Mayor Harnik called for the vote and the motion carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
C. REQUEST FOR APPOINTMENT OF CHRISTINE STEIN TO THE BOARD
OF DIRECTORS FOR THE EL PASEO BUSINESS IMPROVEMENT
DISTRICT FOR A FOUR-YEAR TERM TO DECEMBER 31, 2020.
Mayor Hamik noted that Ms. Stein shows up at meetings, contributes, and
the Committee is thrilled to have her be part of the group, adding that her
commitment and everything she offers benefits El Paseo.
Councilmember Weber moved to, by Minute Motion, appoint Christine Stein to the
Board of Directors of the El Paseo Business Improvement District for a four-year term to
December 31, 2020, to fill the vacancy in the term formerly held by Janet Hanson. Motion
was seconded by Jonathan and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande,
Weber, and Harnik; NOES: None).
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of November 10 and
November 24, 2016.
Rec: Approve as presented.
Approved. 4-0-1 (AYES: Jonathan, Nestande, Weber, and Harnik;
NOES: None; ABSTAINING: Kelly)
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 10/28/2016, 10/31/2016, 11/4/2016 - (2), and 11 /11 /2016.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 11/4/2016, 11/10/2016, and 11/18/2016 (Joint
Consideration with the Palm Desert Housing Authority).
Rec: Approve as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
D. CLAIM AGAINST THE CITY (#779) by Savannah E. Calderon, A Minor, in
an Unspecified Amount.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
E. CLAIM AGAINST THE CITY (#780) by Walter Ingram in Excess of
$7,500,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
F. CLAIM AGAINST THE CITY (#781) by Kathy Carlisle in the Amount of
$20,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
G. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of
September 2016 (Joint Consideration with the Successor Agency to the
Palm Desert Redevelopment Agency).
Rec: Receive and file.
H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by 99 Cent Store
#216, 72845 Highway 111, Suite A-B, Palm Desert.
Rec: Receive and file.
I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by 99 Cent Store
#338, 34660 Monterey Avenue, Palm Desert.
Rec: Receive and file.
J. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Alps Village,
77734 Country Club Drive, Suite F, Palm Desert.
Rec: Receive and file.
K. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Casa Blanca
Restaurant, 72286 Highway 111, Suites J3 & J4, Palm Desert.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
L. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dan's Wine
Shop, 73360 Highway 111, Suite 1, Palm Desert.
Rec: Receive and file.
M. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Rubio's Fresh
Mexican Grill, 73399 Highway 111, Suite F-1, Palm Desert.
Rec: Receive and file.
N. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Tower
Market 917, 73801 Highway 111, Palm Desert.
Rec: Receive and file.
O. AUDIT, INVESTMENT & FINANCE COMMITTEE Minutes for the Meeting
of September 27, 2016.
Rec: Receive and file.
P. RESOLUTION NO. 2016 - 88 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth its Findings and Authorizing the
Destruction of Paper Records that Have Been Digitally Imaged from the
Department of Public Works, To Rely on the Electronic Record as the Official
Record - Location Files from 1992 - August 14, 2006.
Rec: Waive further reading and adopt.
Q. REQUEST FOR DECLARATION of Three Water -Filled Barriers as Surplus
Property and Authorization for Their Donation to Las Palmitas Elementary
School, Thermal, Califomia.
Rec: By Minute Motion: 1) Declare three water -filled barriers as surplus
property; 2) authorize donation of the three water -filled barriers to
Las Palmitas Elementary School, Thermal, California.
R. REQUEST FOR AUTHORIZATION to Purchase an Extended Service
Contract for City Server Hardware in the Amount of $9,779.49.
Rec: By Minute Motion, authorize purchase of an extended service contract
for server hardware — funds are available in Account No.
1104190-4336000.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
S. REQUEST FOR AUTHORIZATION for Staff to Advertise for Bids for a New
Emergency Generator for The Joslyn Center (Contract No. C34370A).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
T REQUEST FOR AUTHORIZATION to Release Improvement Security Letter
of Credit and Accept Maintenance Deposit for El Paseo Square (El Paseo,
LLC, Applicant).
Rec: By Minute Motion, release the Improvement Security Letter of Credit
and accept Maintenance Deposit for El Paseo Square.
U. INFORMATIONAL REPORT Regarding The Biggest Loser Half Marathon
and 5K and Palm Desert Chill 'N Grill Barbeque Events.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
Mayor Pro Tem Jonathan requested Items S and U be removed for separate
consideration and Councilmember Kelly stated she would be abstaining on
Item A.
Upon motion by Weber, second by Nestande, and 5-0 vote of the City Council
(AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None), the remainder of
the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
S. REQUEST FOR AUTHORIZATION for Staff to Advertise for Bids for a New
Emergency Generator for The Joslyn Center (Contract No. C34370A).
Councilmember Kelly stated she currently served on the Joslyn Center Board
and would therefore recuse herself and left the Council Chamber.
Mayor Pro Tem Jonathan noted he and Councilmember Weber serve on the
Cove Communities Board, stating this item was related to the old emergency
generator, which used to be at the Sheriffs substation. The original idea was
that since it was being replaced, it could be relocated to the Joslyn Center,
but then Council learned it had to be retrofitted and upgraded to qualify for
services, and it was going to cost $140,000 to $160,000. Therefore, he and
Councilmember Webertookthe item to the Cove Commission and requested
they split the cost three ways since the Joslyn Center served all three cities,
Rancho Mirage, Palm Desert, and Indian Wells, and it's co -funded by those
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communities. After two or three meetings of going back and forth, the other
two cities decided not to participate in the funding. The request today is for
the City of Palm Desert alone to move forward with a new generator. The
issue has transition from upgrading and moving the old generator to the
Joslyn Center to Palm Desert investing $180,000 of General Fund money
toward the purchase of a new one, which he was uncomfortable doing. He
said it would be a significant impact to the General Fund and he didn't know
if this has been fully evaluated as a fresh issue. He said a new generator will
give the Joslyn Center the ability to serve all three cities as a cooling center
when electricity goes out and seniors are stuck in their homes leaving them
in a life -threatening situation. Therefore, before moving forward, he would
like to get the other cities into participating in the funding of this very good
idea.
Councilmember Weber stated that while she agreed with Mayor Pro Tem
Jonathan, Rancho Mirage already has its own safety plan, so she saw no
hope in them coming on board. However, she agreed in taking another look,
because originally Council was dealing with a repair and now it's looking at
a brand-new item. Therefore, she agreed to have this item entirely pulled in
order to discuss it at the upcoming Cove Commission meeting.
Councilmember Nestande concurred, stating Council should do some more
due diligence.
Mayor Harnik pointed out that the Joslyn Center is not only a cooling center
but an emergency center. She said people go to the Joslyn Center because
they don't have money to pay for air conditioning; they are the people with
the greatest needs. In an emergency like an earthquake, it will save a lot of
people, because it's not just for seniors, it's for the entire community. She
recalled for the Council that Indian Wells had stated that Palm Desert was
pulling one over on them, and if they call taking care of community members
"pulling one over them," then she is proud that they did that. Also, at that
time, Council approved $168,000, and today it's dealing with $180,000,
which is only $12,000 additional dollars. She said this item should not be
placed on hold.
Councilmember Weber disagreed, stating this was not about $12,000, but
about another chance to talk to the Cove Commission at the next meeting,
which was coming up in three weeks. However, she totally agreed that Palm
Desert should fund it entirely.
Mayor Hamik recalled there have already been three Cove Commission
meetings where at one time the other two cities had said yes, then they said
no, then they pulled the funding. She said if Rancho Mirage and Indian
Wells didn't want to participate in taking care of their community members,
that's their choice, but it's not how Palm Desert operates.
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Councilmember Weber reminded everyone that the Joslyn Center was a
cooling center and an emergency center, and the "big one" is coming so
Palm Desert has to be prepared.
Responding to question, Mr. Greenwood said the City was two years into this
issue. At first everyone thought they were doing a good deed by trying to
reuse perfectly good equipment. Unfortunately, air quality regulations align
against being able to reuse the generator near where people live or
congregate. If it was out in some industrial area, the generator might be able
to be reused, but even that was questionable. However, a brand-new
generator is only $12,000 more than all of the retrofits that would have to be
added to the old generator and it still wouldn't make it useful. He said staff
had described many times what a good idea it was to put a generator at a
senior center that they felt it was worthwhile bringing this item before the
Council.
Councilmember Weber expressed her frustration in that so much time had
been spent in persuading the Council to reuse the old generator, and many
times the question was asked why not buy a new one instead. However, the
fact remains, Council decided they wanted a generator at the Joslyn Center
and $12,000 more is not that significant.
Councilmember Weber moved to, by Minute Motion, authorize staff to advertise for
bids for a new emergency generator at the Joslyn Center, 73750 Catalina Way,
Palm Desert. Motion was seconded by Hamik
Councilmember Nestande stated that as a new member on the Council, she
was not privy to the last two years, so she welcomed comments on holding
off another couple of weeks.
Mayor Pro Tem Jonathan reiterated this was a significant expenditure of
$180,000 not $12,000. The only formal approval was to participate in the
cost of $168,000 on the proportionate share under the Cove Communities
funding formula. He was supportive of the concept of a new generator, but
he believed Council owed it to the residents to hold off for a month or two in
an attempt to save $100,000, adding that the matter could be presented to
the Cove Commission in January giving them one last chance to participate.
If successful, great, if not, then Council can move forward.
Councilmember Weber recalled Council had already voted to spend
$168,000, and it was a done deal because Council wanted a generator. So
to her, Council was voting on whether to spend another $12,000, and as a
side thing, the City will attempt to get the other cities on board.
Mayor Pro Tem Jonathan replied he understood and they were both
reasonable approaches, but he rather postpone it for a month.
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Mayor Harnik said Council voted to fund the entire cost because it believed
it was the right thing to do for all the communities, but regretted that the other
two cities didn't choose to participate.
Mr. Greenwood concurred, stating that after the other Cove Communities
backed out, then Palm Desert City Council proceeded with the entire cost of
$164,860 on its own.
Mayor Pro Tem Jonathan pointed out that Council was now talking about
buying a new generator. He was open to crafting a motion without making a
formal commitment, but still giving the Cove Commission an opportunity to
participate.
Councilmember Weber explained that this evening Council was voting on
$12,000, because it had already voted to refurbish.
Mayor Pro Tem Jonathan disagreed, stating Council voted to refurbish an old
generator, not purchase a new generator, stating this was a different vote.
He was not trying to change anyone's mind, but what he was saying is that
he's comfortable with going to the Cove Commission one last time and ask
for their participation, and that Palm Desert intends to formalize approval of
a new generator at the next City Council meeting following the Cove
Commission meeting.
Responding to question, Ms. Klassen explained that a 2-2 vote would result
in no action. However, this wasn't her item, but staff is requesting to go out
to bid and it would have to come back to Council for award of contract.
Mr. Greenwood agreed, but on the other hand, they wouldn't want to go out
to bid without Council's support.
Mr. Hargreaves added that the item can come back to Council at any time
if the results are a 2-2 vote.
Responding to question, Mr. Greenwood said the bid process would take at
least two meetings.
Mayor Harnik suggested crafting a motion that stated that during the bid
process the Cove Communities would be approached for their participation
in this important purchase.
Mayor Pro Tem Jonathan was uncomfortable going out to bid without
affirmative action that they intend to accept one of the bids, because it
wouldn't be fair to the bidders.
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Mayor Hamik questioned what will Palm Desert City Council do if the Cove
Communities decides not to participate.
Mayor Pro Tem Jonathan replied he would be willing to move forward with
a new generator, but he first wants to make an attempt to have them
participate, otherwise it weakens the City's position with the Cove
Communities.
Councilmember Weber disagreed, because the Cove Commission already
knows that Palm Desert will bear the brunt of the cost, so she didn't think it
would strengthen or weaken anything.
Mayor Pro Tem Jonathan replied he respected Councilmember Weber's
position, but he would feel better spending $180,000 knowing he gave it one
last shot, and a month's delay was not a big deal at this point.
Councilmember Weber said staff couldn't go out to bid until it receives
approval from the Cove Commission, and that meeting isn't until the second
week in January, so it was more likely in February.
Mayor Harnik commented that it's only a big deal if it's needed.
Mayor Pro Tem Jonathan stated that with winter approaching, he didn't think
getting overheated in January was going to be an issue.
Mayor Harnik pointed out that the Joslyn Center was not strictly a cooling
center, it also kept food cold, and without a generator, the Center would lose
all its food.
Mayor Pro Tem Jonathan noted there are other emergency centers, and
again, he's not against the purchase, he's just looking at the financial
practicality of postponing action for a month or two in an effort to save
$100,000.
Mayor Harnik stated the other cities made it abundantly clear on several
occasions that they wanted no part of working on providing a generator or
helping in that cost. She thought it was a shame to even postpone this item,
but she respected Mayor Pro Tem Jonathan's thinking.
Mayor Hamik called for the vote and the motion received no action on a 2-2 vote
(AYES: Weber and Harnik; NOES: Jonathan and Nestande: ABSENT: Kelly).
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U. INFORMATIONAL REPORT Regarding The Biggest Loser Half Marathon
and 5K and Palm Desert Chill 'N Grill Barbeque Events.
Mayor Pro Tem Jonathan said the staff report provides an update on both
the The Biggest Loser Half Marathon and the Palm Desert Area Chamber
"Chill 'N Grill Barbeque." He thought the date selected for the Barbeque was
part of a national campaign, but recalled there was a conflict with the Wild
Flower Festival. However, he's not understanding why now it's not a good
date.
Management Analyst Amy Lawrence explained that initially the Kansas City
Barbeque Society selected March 4, because they would be able to sanction
the event, but that date conflicted with the Rhythm Wine and Brews Festival.
Therefore, they looked at May 7, because Kansas City Barbeque Society
was able to sanction the event on that date as well. However, staff ultimately
decided to postpone the event until next season at a better time of the year.
It also gives the Chamber ample time to plan the event and possibly partner
with a barbeque promoter and bring different elements of the event.
Responding to question, she confirmed the Barbeque Event will still be
sanctioned.
Mayor Pro Tem Jonathan moved to receive and file the informational report. Motion
was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande,
Weber, and Harnik; NOES: None).
XII. RESOLUTIONS
A. RESOLUTION NO. 2016 - 89 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE
IMPLEMENTATION PROCESS FOR THE INCREASE IN TRANSIENT
OCCUPANCY TAX FROM 9% TO 11 % AS A RESULT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER8, 2016 (ALSO KNOWN AS
MEASURE "T:" PALM DESERT COMMUNITY SAFETY, VITAL SERVICES,
AND FISCAL STABILITY MEASURE).
Ms. Moore noted that earlier this evening Council adopted Ordinance 1307
as a result of declaring the results of the Election. Although that Ordinance
takes effect immediately, in order to properly notify the hotel and time-share
operators, staff requested that implementation be January 1, 2017.
Responding to question about reservations, she explained that in the event
someone had already paid for their reservation prior to the Election, they
could request to collect at the previous rate.
Councilmember Weber moved to waive further reading and adopt Resolution
No. 2016 - 89. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan,
Kelly, Nestande, Weber, and Hamik; NOES: None).
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B. RESOLUTION NO. 2016 - 90 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL
SUBDIVISION MAP OF PARCEL MAP NO. 37137.
Mr. Greenwood stated this map subdivides the Guthy Renkercomplex on the
southwest corner of Cook and Hovley Lane West; it's a routine matter.
Mayor Pro Tem Jonathan moved to waive further reading and adopt Resolution
No. 2016 - 90. Motion was seconded by Weber and carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
C. RESOLUTION NO. 2016 - 91 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING TAX -
ADVANTAGED BONDS POST -ISSUANCE COMPLIANCE PROCEDURES
AND CONTINUING DISCLOSURE COMPLIANCE PROCEDURES, AND
TAKING RELATED ACTIONS.
Ms. Moore explained that the City, as an issuer, must comply with Federal
Tax Laws, and this action will formally establish written procedures for
Post -Issuance Compliance and Continuing Disclosure Compliance. She said
the City already complies, so this was merely a housekeeping item by
adopting procedures in order to complete the action.
Councilmember Kelly moved to waive further reading and adopt Resolution
No. 2016 - 91. Motion was seconded by Weber and carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Hamik; NOES: None).
D. RESOLUTION NO. 2016 - 92 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS
OF RESOLUTION NO. 2016-62 - SALARY SCHEDULE, SALARY RANGES,
AND ALLOCATED CLASSIFICATIONS — BUILDING PERMIT SPECIALIST I
AND II.
Ms. Carney stated this item is as a result of an upcoming retirement in the
Building and Safety Department. As positions are vacated, staff reviews and
identifies whether or not it should be filled and/or if there is an opportunity to
fill it at a lower salary. In this case, staff recommended the position be filled
to maintain service levels to the development and homeowners'
communities. This position is responsible for plan review as plans come into
the City for building projects. Staff further recommends that it be filled at a
7% lower salary grade, adding that this action requires an appropriation to
fund the position for the balance of this fiscal year.
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Mayor Pro Tem Jonathan questioned why there would be a need for
appropriation of $57,000 from the General Fund Reserve when the salary is
being adjusted to a slightly lower rate.
Ms. Carney explained that when the budget was prepared under the
leadership of prior City Manager, this position was only funded through
December. Staff anticipated this employee would retire and funding was
included in the budget only through December. At that time, building activity
had slowed down, but it's been the experience of the Department that
projects have ticked up.
Mayor Pro Tem Jonathan moved to: 1) Waive further reading and adopt Resolution
No. 2016 - 92; 2) by Minute Motion, appropriate $57,000 from the unobligated general
reserve to fund the position from January 2017 through June 2017. Motion was seconded
by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Hamik;
NOES: None).
E. RESOLUTION NO. 2016 - 93 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND
ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT
TO THE POLITICAL REFORM ACT OF 1974.
Ms. Klassen reported that every two years subsequent to enactment of the
Political Reform Act of 1974, each public agency is required to do a
mandatory review and make any changes if necessary, both statutorily
and/or specific circumstances. In this case, there are no statutory changes
to the City's existing Conflict of Interest, it's just modifying some of the
positions that have changed over the past two years. The changes this time
are relatively minor and they were presented in Council's packet in a redline
version so that Council can easily identify them.
Councilmember Weber moved to waive further reading and adopt Resolution
No. 2016 - 93. Motion was seconded by Nestande and carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
XIII. ORDINANCES
A. For Introduction:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
B. For Adoption:
1. ORDINANCE NO. 1312 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN LOCATED ON
400 ACRES NORTH OF FRANK SINATRA DRIVE, SOUTH OF
GERALD FORD DRIVE, EAST OF PORTOLA AVENUE, AND WEST
OF COOK STREET, PURSUANT TO THE ENVIRONMENTAL
IMPACT REPORT PREPARED FOR THE GENERAL PLAN
UPDATE, THE UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN,
AND THE ONE ELEVEN DEVELOPMENT CODE, Case
Nos. ZOA/CZ 16-262 (City of Palm Desert, Applicant).
Mr. Stendell noted this was the second reading of the Ordinance,
which is an implementation tool for the General Plan. Responding to
question, he confirmed the Ordinance was voted and passed
unanimously at the first reading.
Mayor Pro Tem Jonathan moved to waive further reading and adopt Ordinance
No. 1312. Motion was seconded by Nestande and carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
2. ORDINANCE NO. 1313 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
ZONING ORDINANCE AMENDMENT AND CHANGE OF ZONE
APPLICATION TO ADOPT THE ONE ELEVEN DEVELOPMENT
CODE ESTABLISHING THE DOWNTOWN, THE DOWNTOWN
EDGE ZONING DISTRICTS, THE DOWNTOWN CORE, AND THE
DOWNTOWN EDGE TRANSITION OVERLAY DISTRICTS; AND
APPLYING THOSE DISTRICTS TO PROPERTIES GENERALLY
LOCATED BETWEEN MONTEREYAVENUE TO THE WEST, DEEP
CANYON ROAD TO THE EAST, SHADOW MOUNTAIN DRIVE TO
THE SOUTH, ALESSANDRO DRIVE TO THE NORTH, INCLUSIVE
OF PROPERTIES LOCATED ALONG SAN PABLO AVENUE,
PURSUANT TO THE ENVIRONMENTAL IMPACT REPORT
PREPARED FOR THE GENERAL PLAN UPDATE, UNIVERSITY
NEIGHBORHOOD SPECIFIC PLAN, AND ONE ELEVEN
DEVELOPMENT CODE (SCH NO. 2015081020), Case
Nos. ZOA/CZ 16-263 (City of Palm Desert, Applicant).
Mr. Stendell noted this was the second reading of the Ordinance,
which is an implementation tool for the General Plan. Responding to
question, he confirmed the Ordinance was voted and passed
unanimously at the first reading.
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Councilmember Kelly moved to waive further reading and adopt Ordinance 1313.
Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan, Kelly,
Nestande, Weber, and Hamik; NOES: None).
XIV. NEW BUSINESS
* NOTE: SECTION XIV - NEW BUSINESS, ITEMS A AND B ,THE
FIRST ITEMS OF BUSINESS AT THE RECONVENING OF THE
REGULAR MEETINGS AT 4:00 P.M.
A. DECLARATION OF RESULTS OF THE 2016 PALM DESERT GENERAL
MUNICIPAL ELECTION CONDUCTED IN THE CITY ON TUESDAY,
NOVEMBER 8, AND OTHER SUCH MATTERS AS PROVIDED BY LAW.
Ms. Klassen reported the Election was conducted on November 8. The
process was started in July with the nomination period and carried on
throughout all of the activities that occurred as part of incumbents and
challengers running for the office. The Election was certified on Tuesday
evening and the results were that Gina Nestande, Kathleen Kelly, and Susan
Marie Weber were the top vote getters; therefore, they will take the seats that
were up for Election this year. She added that Palm Desert had its highest
registration since the City incorporated with 26,666 voters and an 83%
participation.
Mayor Pro Tem Harnik moved to waive further reading and adopt: 1) Resolution No.
2016 - 94, reciting the fact of the General Municipal Election held on Tuesday, November
8, 2016, declaring the result and other such matters as provided by law; 2) Ordinance No.
1307, amending Section Nos. 3.28.030 and 3.28.070 of Title 3 of the Palm Desert
Municipal Code, relating to Transient Occupancy Taxes (T.O.T.). Motion was seconded
by Jonathan and carried by a 5-0 vote (AYES: Jonathan, Hamik, Tanner, Weber, and
Spiegel; NOES: None).
B. ACTIONS RELATED TO INSTALLATION OF NEWLY ELECTED
COUNCILMEMBERS AND ANNUAL MAYORAL ROTATION.
Following adoption of the Resolution declaring results of the 2016
Palm Desert General Municipal Election, the subsequent actions listed below
are required to officially complete the process:
1. Presentation to Outgoing Mayor Robert A. Spiegel by Mayor Pro Tem
Jan C. Hamik and Mayor's Comments.
Mayor Spiegel stated he's been on the Council for 21 years, and he
thanked the residents of Palm Desert for re-electing him five times.
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He thanked his wife for being with him every inch of the way and his
friends for their wonderful support. He also thanked City staff,
specifically, David Herman, Ruth Ann Moore, Lori Camey, Jane
Stanley, Rachelle Klassen, Lauri Aylaian, Pedro Rodriguez, Shawn
Kilpatrick, Janet Moore, Ray Santos, Mark Greenwood, Gloria
Sanchez, Rae Munoz, everyone at the Corporate Yard, staff at Desert
Willow, Police and Fire personnel, Gracie Mendoza, Clay Von Helf,
and Jan Harnik.
On behalf of the City, Mayor Pro Tem Hamik presented an engraved,
framed print of the Council Chamber Mural for his 21 years of service
to the City of Palm Desert and the Coachella Valley.
Councilman Tanner shared that in 1984 Mayor Spiegel was gracious
enough to mentor him from a liaison member into a Park & Recreation
Commissioner, then the Planning Commission, and again supporting
him when he ran for City Council. The easiest way to describe Mayor
Spiegel is that he has been an incredible mentor to him for over 25
years, stating he was thankful for the attention afforded to him. He
wished Mayor Spiegel the absolute best in his retirement.
Councilmember Weber stated so many people have spoken highly of
Mayor Spiegel, including staff at his farewell event, but the one thing
she most valued is his knowledge of the history of the City. She said
there is a turnover of city councils, but the history will never be lost,
because he will always be reminding the Council as to why things are
the way they are.
Councilman Jonathan said he's known Mayor Spiegel for more than
30 years, and it's really been a pleasure most of the time; they have
agreed and disagreed on issues, but he has always respected him.
He said the Council that exists after today, whatever they do to make
the City better, they will be building on the shoulders of giants that put
Palm Desert on the map like Mayor Spiegel, Dick Kelly, and Jean
Benson, adding that they will do their best not to disappoint. He
thanked Mayor Spiegel for all he's done for this City and the
community.
Mayor Pro Tem Hamik stated that when talking about Mayor Spiegel,
people always mention his 31 years with the City and his 21 years on
the City Council and put value in all those years of service as
something great. However, his greatness lies in his ability to have
vision, to keep an open mind, and accept and embrace change. In
her relationship with Mayor Spiegel, he was always available to
answer questions and he would gently guide her and give her sage
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advice. She thanked him for the difference he has made in her life
and in this community.
2. Presentation to Outgoing Councilmember Van G. Tanner by Mayor
Pro Tem Harnik and Councilmember Tanner's Comments.
On behalf of the City, Mayor Pro Tem Hamik presented an engraved,
framed print of the Council Chamber Mural for his years of service to
the City of Palm Desert.
Councilman Tanner shared that four years ago he sat in the audience
waiting for an opportunity to serve on the Council, and these past four
years have been an incredible ride. He thanked staff for helping him
learn about all the workings of the City, and he hoped doors will open
some place else in the City for him to work with staff and the current
City Council. He said the General Plan is up and he's going to watch
it closely. Lastly, he hoped that he contributed and made a difference
in the City of Palm Desert.
3. Comments by City Councilmembers.
Councilmember Weber stated she always hears comments about
Councilman Tanner's enthusiasm and how he's such a cheerleader
for the City and he is. As mentioned by Councilman Tanner, in Palm
Desert, people don't go away, they continue to participate in the
community. She said she's been proud to work with Councilman
Tanner these past four years, and she appreciated what he's been
able to accomplish.
Mayor Spiegel said Councilman Tanner was an asset to the City,
which is why it was suggested to him to apply to be on the Planning
Commission, which he hoped would happen. He thanked Councilman
Tanner for all he's done and congratulated Gina Nestande and
Kathleen Kelly for being elected to the City Council.
Mayor Pro Tem Harnik related she and Councilman Tanner knew
each other from when they volunteered at the high schools, stating
they always worked together for the community, and it's been a
pleasure because of the spirit he brings to everything he does. She
expressed her appreciation for all he's done to make a difference in
the parks, the youth, and on the City Council.
Councilman Jonathan said this was tough, because his good friend
Van Tanner and he have known each other for 30 years. He said
their lives parallel each other in many ways, as they each have two
boys, which is how they got to know each other. He said Van
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coached his kids mostly in baseball, and he coached Van's kids in
soccer. He added that Van is a class act every where he goes and in
everything he does for his family and the City, stating people are not
aware of the many things Councilman Tanner does behind the
scenes. He went on to say Van is a good person, an inspiration, and
a role model to which he will stride for, and the bottom line is he will
miss him.
4. City Clerk Administers the Oath of Office to Newly Elected
Ms. Klassen congratulated Councilmember Susan Marie Weber for
her re-election and Newly Elected Councilmembers Gina Nestande
and Kathleen Kelly for their victory. She went on to administer the
Oath of Office to the newly elected Councilmembers and presented
each with a Certificate of Election.
5. Seating and Comments from Newly Elected Councilmembers.
Councilmember Nestande expressed how honored she felt to be
serving the citizens of Palm Desert on this wonderful City Council.
She looked forward to hearing from all constituents and welcomed
differing opinions, stating she will strive to bring people together to
find common ground, but always at the heart, is to do the right thing
and in the best interest of the City. She thanked her husband Brian,
her father-in-law Bruce, her two daughters Savanna and Molly, and
one of her best girlfriends Juke Kirk for attending this evening.
Councilmember Kelly stated that this afternoon, she and
Councilmember Nestande were briefed by a consultant who does
work for many cities and had very affirming things to say about the
staff at Palm Desert and the history of good govemance, and the two
people who just left the Council had been a part of that history. She
said she was overwhelmed and humbled that the voters of Palm
Desert have invited her to play her part in maintaining good
governance and taking it to another level. Since being elected, quite
a few people have come up to her commenting that they were sure
her dad would be proud. However, she knew better, in that he would
reserve his pride until he saw how she performed in office. She added
that the one person she touched based before running for office was
her mother Mary Helen Kelly, who was not enthusiastic. She said her
mother knew better than anyone else what she would potentially be
getting into and what it's like to be a close loved one watching from
the sidelines. She thanked her mother for being with her in all pursuits
of life and for being a wonderful source for everyone on the history of
Palm Desert and how far it's come.
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Councilmember Weber expressed how honored and humbled she felt
to be re-elected and she didn't take it lightly. She agreed with
Councilmember Nestande that Council answers to all constituents,
which was important to her for everyone to realize that this Council
was always available. She was pleased to see family, friends, and the
community in attendance this evening, stating she looked forward to
2017. Also, she was grateful to Councilmembers Nestande and Kelly
for running for office, because it's a tough thing to do, so everyone is
happy to have them join the Council.
6. Selection of Mayor and Mayor Pro-Tempore.
Councilmember Weber moved to appoint Jan C. Harnik as Mayor and Sabby
Jonathan as Mayor Pro-Tem for the coming year. Motion was seconded by Kelly and
carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Hamik; NOES:
None).
7. Comments from the Newly Appointed Mayor and Mayor Pro-Tempore.
Mayor Pro Tem Jonathan stated it was not a big secret that Palm
Desert is perceived with great respect and is generally known as a
well -run, no drama kind of City, because it was about getting the job
done. To a large degree, it's a credit to the staff that is focused on
making the community great, and the Council, when they are wise,
stay out of the way. He learned how admired and well -respected Palm
Desert is when he took part in the City Manager interview process.
The candidates told the panel that Palm Desert was a great City,
which is one of the reasons there were so many applicants, and they
wanted to be part of it. Councilmembers Kelly and Nestande that they
were now part of the City and he was looking forward to working
together on moving Palm Desert forward. He congratulated them on
their election and wished them luck, but to also enjoy the process and
have fun.
Mayor Harnik pointed out that Presiding Judge of Riverside County
Harold Hobb was in attendance, stating how importantly the oaths just
taken by newly elected Councilmembers were, because he would
hold them accountable. She said it was great working with City Staff
because they make this opportunity of service just great. She said
the City of Palm Desert has an outstanding history and a future that
is bright with great things happening. Along with the General Plan,
the City has a new City Manager and newly elected Councilmembers,
stating they will bring new ideas and vibrancy to the Council.
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Mayor Pro Tem Jonathan congratulated Jan C. Harnik on her
appointment as Mayor. He said Mayor Harnik is one of the people
that makes him realize he's not as smart as he thinks he is, because
when they disagree, she's often right. He said she's always been a
great ambassador, so the City was in good hands.
C. REQUEST FOR AWARD OF CONTRACT FOR THE CATALINA
COMMUNITY GARDEN RENOVATIONS TO HORIZON PROFESSIONAL
LANDSCAPE IN THE AMOUNT OF $65,000 (CONTRACT NO. C35610,
PROJECT NO. 997-17).
Mr. Greenwood stated this item is for the next phase of the renovation of the
Catalina Community Garden to install the irrigation systems.
Councilmember Kelly stated she noticed this contractor worked for the City
in 2015, so she assumes staff found them satisfactory.
Mr. Greenwood answered yes.
Councilmember Nestande moved to, by Minute Motion: 1) Award subject contract
for Construction of the Catalina Community Garden Renovations to Horizon Professional
Landscape, Coachella, California, in the amount of $65,000; 2) authorize Director of
Finance to set aside a 10% contingency for the project in the amount of $6,500;
3) authorize the Mayor to execute said contract — funds are available in Account
No. 2334618-4400100 - Park Fund. Motion was seconded by Weber and carried by a 5-0
vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
D. REQUEST FOR APPROVAL OF BUDGET INCREASE TO PROFESSIONAL
ARCHITECTURAL/ENGINEERING SERVICES LINE ITEM OF THE
BUILDING & SAFETY DEPARTMENT'S BUDGET.
Mr. Grance noted the staff report and offered to answer questions.
Mayor Pro Tem Jonathan moved to, by Minute Motion: 1) Authorize an additional
$60,000 to Account No. 1104420-4301000 - Professional Architectural/Engineering to
cover unanticipated contract inspection services; 2) appropriate $60,000 from the
Unobligated General Fund Reserve to FY 2016-2017 Budget, Account
No. 1104420-4301000. Motion was seconded by Nestande and carried by a 5-0 vote
(AYES: Jonathan, Kelly, Nestande, Weber, and Hamik; NOES: None).
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E. REQUEST FOR APPROVAL OF THE 2018 TOUR DE PALM SPRINGS IN
PALM DESERT EVENT.
Management Analyst Amy Lawrence stated this item was a request to
approve the Tour De Palm Springs bike ride on El Paseo for 2018. This
would be a two-day event taking place the second Friday and Saturday in
February, which is the weekend the Tour De Palm Springs riders are
accustomed to. She said the organizer had to reschedule their 2016-2017
events to January due to conflicting events taking place on the preferred
weekend in Palm Springs. Staff met with the El Paseo Business
Improvement District and the City's Marketing Committee, and both were
very receptive to the idea of bringing the event to El Paseo. At this time, staff
is only requesting approval of the date and location, so that the organizer can
formally announce the information at their 2017 event scheduled to take
place in January in Palm Springs. If approved, staff will begin working with
the organizers and various City Departments on logistics, such as road
closures, bicycle routes, public safety, as well as a proposed sponsorship
agreement, all of which will come back to Council at a later date. She noted
that Michael Steams and Tim Esser were available to answer questions.
Councilmember Weber noted she and Mayor Harnik were at the Marketing
Committee when the presentation of this event was made, and it was
received very enthusiastically, adding that they liked the change in the name.
However, she questioned if the name change was part of the motion.
Mayor Harnik pointed out that at both the El Paseo BID and Marketing
meetings, there was great conversation about it and both voted unanimously
in favor. However, Council received an email from Arlene Amick the
Managing Directorof the Palm Springs Art Museum in Palm Desert about the
potential difficulty with the name of the event, suggesting it should be
changed now. She asked that a copy of it be given to the organizers.
Ms. Lawrence said she had not seen that email.
Councilmember Weber stated the City was encouraged to use that name
beginning with the January 2017 event, so that people can start making
plans for 2018 and avoid any confusion of where the event will be held.
Mayor Pro Tem Jonathan said it's been his pleasure to work on this project
for quite a while, and he wants to note that staff and others have been so
proactive with this event, adding he's worked with Mr. Esser and his group.
He's pleased this event is coming to Palm Desert, so he will leave it to the
experts to define the name. However, early on he suggested branding Palm
Desert, but at the same time contain the integrity and worldwide recognition
that the name Tour de Palm Springs has. It was his suggestion they
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combine the two and retain Tour de Palm Springs so that loyal returning
participants keep coming back, but also use the opportunity to brand the
City. Therefore, he proposed Tour de Palm Springs in Palm Desert.
Subsequent to that he also thought about Tour de Palm Springs on El
Paseo, which he thought had some panache. Whatever form that name
ultimately takes, he thought it was great Palm Desert was getting the event.
Responding to question, he confirmed he read the email from Ms. Amick,
adding that in general she was saying the same thing, giving the example of
"Tour de Palm Desert," formerly Tour de Palm Springs, but he will leave it to
the experts to make that determination. He said events, whether you're a
cyclist or runner, you recognize events, ball games, golf toumaments, etc.,
based on the name, because it has a certain value. In fact, Mr. Esser will
confirm that the name has a copyright, but it can later be defined and staff
can bring it back to Council, because the action today is not necessarily to
coin the name, as much as it is to move forward with the event.
Councilmember Nestande said she liked the idea of branding Palm Desert
and getting the City's name on the map, hopefully one day on equal footing
with Palm Springs.
Councilmember Weber expressed her excitement for having the event come
to Palm Desert, but with all the discussions around the event name at the
meetings, along with Ms. Amick's comment, which was very profound,
because it is confusing for people to come to the Palm Springs Art Museum
located in Palm Desert. Therefore, now is a good time to start re -branding
and copyright the event name as well.
Councilmember Kelly said she would like to hear from the experts why the
name has been proposed as it has.
MR. TIM ESSER, Advisor and Founder of Coachella Valley Serving People
In Need (CVSPIN), agreed with Mayor Pro Tem Jonathan's comments,
because it aligned with their thinking. He said the name is well known
nationally and overseas. He's ridden over 100,000 miles in the last 18 years
on his bike alone, and he runs into people on these trails that come from
Scotland and New York, stating they come from 46 states. He said the local
museum is one thing, but the Tour de Palm Springs is searched nationally,
and he's afraid it will upset things if the name is changed. It's like the San
Francisco 49ers, which is in Santa Clara, adding it's that City benefitting
from all the business. It would be the same thing here where Palm Desert
would be the recipient of all the sales tax from hotels, meals, etc., and the
event sells out. Upsetting or changing the name to something totally
different would be devastating to the event, so naming "Tour de Palm
Springs in Palm Desert" or "El Paseo" would be the best of both worlds.
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Councilmember Nestande commented that Tour de Palm Springs in Palm
Desert sounded wonderful.
Councilmember Kelly said she didn't believe this evening was the time to try
to impose a change in the name. There has been good input, and she was
sure it will continue to be considered, so she was prepared to move approval
of the event tentatively titled "Tour de Palm Springs in Palm Desert" or
"El Paseo."
Councilmember Kelly moved to, by Minute Motion, approve "Tour de Palm Springs
in Palm Desert" Event on El Paseo from Friday, February 9, through Saturday,
February 10, 2018, subject to further consideration of the name of the event. Motion was
seconded by Jonathan.
Mayor Harnik stated she and staff sat in a room of experts at the Marketing
Committee. They market the Museum, the Marriott, The Living Desert, and
they proposed changing the name sooner rather than later, because of the
confusion it may cause. It's unfortunate, this just happened, otherwise
Council could have had more comments from Ms. Amick, who said there are
so many people confused about the Palm Springs Museum in Palm Desert
and vice versa. She said if someone was to Google "Tour de Palm Desert,"
and then adding in parentheses formerly "Tour de Palm Springs", it will still
pop up. She said the City just needed to get the right person who knows how
to enter these things so that the names are searchable as such. She loves
the idea of using El Paseo, but people will vigorously look to find El Paseo
in Palm Springs, so that wouldn't work. She said organizers can greet their
riders in 2017 where there is an opportunity to give them all the collateral that
advertises "Tour de Palm Desert, formerly Tour de Palm Springs," stating
they had to rip the band -aid off and get it done. She said it didn't make sense
for Palm Desert to give this event money and promote Palm Springs, stating
the change should be done sooner rather than later. Further, she would like
to get together with hotelier and hospitality -related businesses to see how
they can leverage on this in 2018. She said Tour de Palm Springs is a great
event and she would love to have it in Palm Desert, but as soon as possible
the name had to be changed.
Councilmember Weber asked if the motion was subject to discussion of the
name or was the motion made as staff recommended.
Councilmember Kelly said she made a motion to approve the event
tentatively titled "Tour de Palm Springs in Palm Desert," and the topic may
be subject to ongoing consideration, but this was not the right time to try to
force a final decision on this issue. She said Council received new
information that hasn't been fully considered by the organizers, and the City
hasn't given any money to the event, but before it does, further consideration
may take place at that time. Therefore, she felt the event should be
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approved so that everyone that's affected knows it's going to happen, then
there will be further discussion of the name.
Councilmember Weber noted the organizers had indicated that at the
January 2017 event, riders start booking for 2018, which is why there was an
urgency to determine the name now with everyone on board with Palm
Desert money behind it. She emphasized the City is uncomfortable
sponsoring the event without name recognition, and she totally respected the
copyright to Tour de Palm Springs as that's the organizer's baby, but she
suggested they make another baby and call it "Tour de Palm Desert."
Mayor Pro Tem Jonathan said he still concurred with Councilmember Kelly's
motion, stating he understood experts have opinions and they often differ.
However, the expert here is the founder who lives the event every day, and
he's told the Council it was critical the recognizable name Tour de Palm
Springs be part of the overall name, which he thought was persuasive. It was
similar to the Phoenix Open, which is in Flagstaff, stating people know the
name of the event and find out where it is later, but in this case, the City was
getting the best of both worlds. Eventually, once there is a history of the
event taking place in Palm Desert and riders book year to year, it's his hope
the name will transition to Tour de Palm Desert. However, if the name was
changed now for next year, he didn't believe it would get traction. He went
on to say that if staff, in collaboration with Mr. Esser, comes up with a
different recommendation when the City is ready to formally fund it, that
would be fine, but for now he was comfortable moving forward on that basis.
Mayor Hamik noted they were not the LA Rams in St. Louis, they were the
St. Louis Rams, and they were known as that because they changed the
name and went with it. She said the City had an opportunity to do it right
from the start, pointing out there was a call to action by the Council because
the organizers wanted to have collateral printed up. She was not in favor of
the name being in limbo when City experts on the Marketing Committee who
are marketing professionals, unanimously proposed that the name be
changed quickly, because it will be a problem in the future. Therefore, there
was nothing wrong with saying "Tour de Palm Desert (formerly Tour de Palm
Springs)," adding that it will be searchable in Google. She commented that
sport teams change names and relocate, for example, The Bob Hope
Classic.
MR. ESSER said he's been wrong before, but he believed changing the
name would devastate the event. However, he loved this City and Palm
Desert is where they want to be, stating that as a team and partners, they will
need to think alike and make it happen. His experts and event organizers
from northern Califomia, Arizona, etc., that he's been dealing with for many
year, the consensus was to leave the name because throwing another one
in the mix will not generate the numbers. He said these big rider groups in
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
Buffalo, St. Louis, San Diego and Southern Califomia are huge, and they all
know Tour de Palm Springs, and those are the experts he confers with all the
time. Of course, he and the experts could be wrong, and the City could be
wrong as well, but he's going with what he knows and has experienced over
18 years to make this event one of the biggest in the United States.
Mayor Hamik said she thought the sense of urgency for City approval was
so that the organizers can give the riders a piece of paper at the 2017 event.
MR. ESSER replied that the urgency is that once the January 2017 event is
over in Palm Springs, riders start booking right away for the following year,
so if the event is going to be in Palm Desert, they want to inform everybody.
MR. MICHAEL STEARNS, Executive Director of CVSPIN/Producer of Tour
de Palm Springs, added they were in this pickle because they were asked
to move dates and then ridership went down. So if ridership continues to go
down, how will they sustain the event to have a fourth, fifth, or whatever year
after that. So with Council pushing this direction to have Palm Desert in the
name of the event, which he respected 100%, but on the other side of the
coin are the ramifications that will be incurred if they just pull the band -aid
off. He said their ridership is very critical to the sustainment of the event, and
all the money raised inside the Coachella Valley stays in the Coachella
Valley, but ridership that comes from outside the region is what sustains the
event on a year-round basis. He said it pays for his salary, keeps the lights
on and the computer running. Therefore, if the City was going to start
playing in that arena, the event could lose ridership and it may be difficult to
overcome.
Mayor Harnik commented that the demographics of the ridership were very
impressive and outstanding, but how then will the event finally segue into
"Tour de Palm Desert."
MR. ESSER replied the name will be all over everything they do, adding they
have a lot of media on this. They are showing clips of the event up north in
San Francisco, adding they want to get Palm Desert numbers up so that El
Paseo merchants welcome them back. He said they will get the name out
without a doubt.
Councilmember Kelly added that once the organizers get the riders to come
to Palm Desert and understand where they've been, it becomes much easier
to transition to a new name.
Mayor Pro Tem Jonathan said what Council was hearing from staff and
Mr. Esser was persuasive, and not to beat the point, but when you talk to the
folks at The Bob Hope Classic, formerly known as ... , they will tell you it
wasn't devastating to drop that name, but it impacted them negatively. That
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
was the recognition and they're slowing coming back to it with the curved
nose and other symbols, and possibly the name. He said Council may not
like having the name Palm Springs in something the City was paying, but the
reality is that Palm Springs is well known, more important, Tour de Palm
Springs is well known. And with regard to sports teams, he respectfully
disagreed, stating there is a reason the Los Angeles Angels went to court to
fight to have that name, because it's all about name recognition. He said the
City needs to transition into Tour de Palm Desert by starting off with the
name recognition Tour de Palm Springs. Eventually, once the participants
know it's a Palm Desert event and the inclusion of Palm Springs becomes
less necessary, then is when the event can transition to Tour de Palm
Desert, but it would be a mistake to do it now, which is what Council was
hearing from those that know best.
Councilmember Weber added it was the City's goal to eventually call the
event "Tour de Palm Desert on El Paseo," but she could accept a transition.
Further, she appreciates that all the paperwork is going to be advertising
Palm Desert at the January 2017 event. However, she agreed with the
Mayor, the sooner the better, pull the band -aid off and move on, adding that
people are very resilient. Additionally, she understood websites can be
linked so that when searching Tour de Palm Springs people won't even
realize they've gone to a new website. She reiterated that everyone was
happy that the organizers decided to bring the event to Palm Desert.
Mayor Harnik stated that after listening to some sound thinking, and yes,
everyone wants the event in Palm Desert. However, in discussing
transitioning over, she asked about a time line before the event was named
"Tour de Palm Desert."
MR. ESSER said staff seemed quite receptive to Tour de Palm Springs in
Palm Desert, and this was the first he heard that they weren't. He said that
issue is something that would have to be further discussed, but he just didn't
want another situation like the past two years. He said Palm Springs asked
him to change the date because they had another event that came up in the
ranks. He was against changing the date after 16 years, because people
plan their vacations around the event, etc., but without going into the details,
they agreed. They made an agreement to give it two years, and if the
ridership dropped they would move the event, stating there are five cities in
the Valley that want them. Sure enough ridership went down 30% in the first
year, and they are down again this year, which is why they are here in this
beautiful City with a beautiful street El Paseo. He added they want to get the
numbers up, so tampering with any names would bring the numbers down
even further. He said if they need to talk about it at a later point, they won't
want to disappoint the City or the event numbers. However, in order to move
forward, Council has to trust they will give the name Palm Desert its
recognition nationally and internationally, which is their goal, because they
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
want to make Palm Desert their home. He said Palm Desert is where all the
tax money will be coming in and Council will see in a couple of years how
they're doing on the tax report.
Mayor Pro Tem Jonathan said he didn't want that point to be lost, it's been
mentioned over and over, adding that Council has gotten stuck on the name
and he apologized for it, but the City is excited to have the organizers come
to Palm Desert with this event. The event is consistent with the definition of
Palm Desert as a place for healthy living, quality living, and luxurious living
as well. Also, Mr. Esser had mentioned what a joy and pleasure it has been
for him to work with City staff, which he wanted to pass along publicly,
because it meant a lot to the Council. He welcomed them to Palm Desert
and is looking forward to having the event be successful and elevating the
name Palm Desert.
MR. ESSER said they have combed this whole Valley and Palm Desert is an
awesome City. He said he's cycled every street in the Valley and Palm
Desert is the ideal place to have it on El Paseo.
Councilmember Kelly pointed out that Council couldn't really legislate a
relationship, so she called for the motion in order to get this new relationship
started, and as it develops they can achieve their mutual purposes.
Mayor Harnik said she wouldn't apologize for getting stuck on the name of
the event, because it's important. In fact when she went through the City's
Strategic Planning, branding Palm Desert was the most important goal. She
agrees everyone wants this event in Palm Desert, but she didn't want it
called Tour de Palm Springs in Palm Desert forever.
Councilmember Kelly commented she believed the organizers got the point.
Mayor Harnik responded she hadn't heard anything that convinced her of
that other than tampering with the name was a problem. She reiterated that
he hadn't heard from the organizers that they understood the importance of
having the name changed.
Mayor Pro Tem Jonathan said he believed they understood, and there is a
commitment to work with the City to move toward that goal.
Mayor Hamik asked the organizers if they understood.
MR. STEARNS nodded in agreement that he did.
Mayor Harnik said she appreciated the acknowledgment, because the City
staff they enjoy working with are the ones that think the name needs to be
changed.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
Mayor Harnik called for the vote and the motion carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Hamik; NOES: None).
F. REQUEST FOR APPROVAL OF THE MAYOR'S DESIGNATED
APPOINTEE TO THE OVERSIGHT BOARD OF THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY.
Ms. Aylaian noted this issue was before the Council because former Mayor
was the appointee to the Oversight Board of the Successor Agency. He is
no longer the Mayor and therefore the City needs to appoint someone to fill
that position. She said former Mayor Spiegel has the institutional knowledge
to continue on and is willing to do so. If the current Mayor would like to
appoint him, staff believes it is a good move for the City Council to make for
the Successor Agency Board.
Mayor Harnik suggested appointing former Mayor Spiegel, but also appoint
an alternate to attend those meetings to observe and come up to speed.
She said the Council would be remised if it didn't have another
representative there to back the appointee's position, adding that the
alternate appointment can be discussed at the next City Council meeting.
Responding to question, Ms. Aylaian said the position did not have a term
limit, it ended at separation.
Mayor Pro Tem Jonathan said he may be a minority of one, but he was
uncomfortable with the recommendation, and it wasn't about former Mayor
Spiegel, because he had the greatest respect for him. However, this was an
important Committee that impacts large parcels of land in the future of the
City, and he believes Council needs direct representation on that Board as
it has always had. He would hate to appoint someone who is not a
Councilmember where Council would then gets second-hand information.
He's leaning toward sticking with having an existing Councilmember
represent the Council on that Board.
Responding to question about when the Committee met, Ms. Klassen said
the Board meets the first Monday of the month at 1:30 p.m., adding it's
scheduled to meet every month, but it doesn't always occur, because it
depends on the business to be conducted. Further, it was her understanding
that the City's involvement in the Oversight Board goes away in 2018.
Ms. Moore agreed, stating the Board transitions to the County's Oversight
Board. She said the County will then have one Oversight Board for all the
cities in Riverside County. Further responding, she said the departure
should happen July 1, 2018.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
Councilmember Nestande asked if both former Mayor Spiegel and a
Councilmember serve on the Board.
Ms. Aylaian pointed out that the other position on the Board are appointed
by other agencies.
Mayor Pro Tem Jonathan proposed appointing former Mayor Spiegel as the
alternate.
Mayor Harnik suggested former Mayor Spiegel be allowed to remain in his
current position and appoint Councilmember Weber as the Alternate to
attend all meetings so she can come up to speed, adding that they were
public meetings, so there wouldn't be a problem with having a
Councilmember there to report back to Council.
Councilmember Weber concurred.
Mr. Strausz explained that an alternate is not going to work, because the
Dissolution Act doesn't provide for it, but it does provide for an appointment.
However, he didn't see nothing wrong with having someone attend the
meetings to report back, but there should be one person that's appointed.
Councilmember Weber agreed to serve under those circumstances.
Mayor Pro Tem Jonathan noted that Mr. Spiegel would have the vote of the
City, but Councilmember Weber would attend all or most meetings and be
able to report back directly to Council.
Mayor Harnik added it was with the intent of attending all meetings.
Mayor Pro Tem Jonathan said that would be reasonable.
Councilmember Kelly moved to, by Minute Motion, approve Robert A. Spiegel as
the Mayor's designated appointee to the Palm Desert Oversight Board and designate
Councilmember Susan Marie Weber to attend all meetings and report back to Council.
Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly,
Nestande, Weber, and Hamik; NOES: None).
XV. CONTINUED BUSINESS
None
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
XVI. OLD BUSINESS
A. REQUEST FOR AUTHORIZATION TO NEGOTIATE AN AGREEMENT
WITH KEMPERSPORTS MANAGEMENT, INC., FOR THE MAINTENANCE
AND OPERATIONS OF THE DESERT WILLOW GOLF RESORT
(CONTRACT NO. C35730).
Mr. Acosta reported this item is a two-part recommendation. The first part
is authorization for staff to negotiate an agreement with Kemper Sports
Management, Inc. He said Kemper Sports was the Maintenance and
Operations firm that was selected via the Qualifications -Based Selection
Process. He said there is often a lot of confusion over how municipal
governments select professional service firms, because they are often
referred to as "bids," but technically they are proposals. The process
requires the City to follow the Brooks Act, which is a Federal Bill, and it's
further modified by the State of California as the Mini Brooks Act, which is
also adopted by the City's procurement procedures. The Act dictates that
when it comes to professional services, the City needs to conduct a
qualified -based selection process. Therefore, staff followed Council's
direction to issue a RFQ/RFP (Request for Qualification/Request for
Proposal) back in September, noting that the actual document had been
drafted over the course of a year. When Council had a discussion in
December 2015 over the context of the one-year extension with the current
operator, which began July 1, 2016, staff issued that document on
October 3. Also, The Desert Sun posted an article about Council's direction
to go out for RFQ/RFP after 20 years, and within a 72-hour period, staff was
contacted by eight firms, seven of which are in the top twenty golf operators
in the country. All were informed about the process, the deadline, and the
mandatory tour presentation, which happened October 10. Three firms
attended the tour where staff also spent 31/2 hours providing each with a
Q&A (Questions and Answers) period. The tour was of both golf courses,
club house, and ancillary support structure forthe facilities for Desert Willow,
including the reclaimed water reservoir, maintenance facility, and pump
houses. On October 31, the City Clerk's Office received three proposals,
which were the same ones that attended the mandatory tour. Staff
assembled packets that contained a list of instructions for an evaluation
committee, which Council also set up in September; the Committee was
eleven members strong. Council recommended that it be representative of
those members who serve on the Desert Willow President's Club Committee,
two Councilmembers, Mayor Pro Tem Jonathan and former Councilmember
Van Tanner. Additionally, Council asked that staff solicit participation from
experts in the field outside of staff. Staff invited Mr. Tim Spoken who is the
Executive Director of the First Tee Program and former Director of Golf at
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
Desert Springs Marriott; Mr. Bob Marra, who was the former Executive
Director of the Career Builders Challenge and is now the Vice President of
Marketing; Ruben Ramirez, who is considered one of the top golf course
superintendents in Califomia, currently working for Larry Ellison at Corky
Pine Creek in the same capacity, and also happens to be the infill
construction manager of both golf courses at Desert Willow. The Committee
initially included Mr. Jim Moran, but the transaction between Marriott and
Starwood had not been official yet. Unfortunately for him and the City, at the
time of the interview that transaction had transpired, so staff had to
grudgingly excuse him from the process. In the binder was a long list of
evaluation criteria that helped guide the team members through the process.
Eventually, the interview and presentation process was held, stating each
firm was given an hour to present and field questions from various members
of the Evaluation Committee. At the end of the afternoon, the Committee
dug their heels and stayed with the process to make a recommendation to
the Council. The unanimous recommendation was Kemper Sports
Management, Inc. He went on to say that the current contract with Kemper
Sports Management requires that by January 1, 2017, or six months prior to
the end of the current term, the City is required to give notice of the intention
to facilitate a new agreement process. Therefore, the second part of this
evenings recommendation is listed as item 2.
Councilmember Kelly said that in her reading of the staff report, there is no
recommendation to resolve the issue on whether or not to continue requiring
the $500,000 cash flow fund. She presumed that when staff returns with a
proposed contract, there will be a position taken with some explanation.
Mr. Acosta agreed, stating Council's recommendation this evening is merely
an authorization to negotiate the contract. The topic was discussed and it
was part of a cover letter to each of the proposers. He said it's an aspect of
the current contract as is the 20-mile radius restriction. Staff thought it was
prudent to include it as an explanation, so that it's still relevant. The topic
was discussed with the Evaluation Committee on the merits of keeping it and
staff will bring the item back to Council in January along with the
recommendation on the Agreement.
MR. JERRY MARTIN, Dalea Lane, Palm Desert, congratulated newly elected
Councilmembers Kelly and Nestande and re-elect Councilmember Weber.
On behalf of Desert Willow, as a player, a former college coach, and a
representative of the World Wide Academy at Desert Willow for eight years,
including an infomercial on the Golf Channel at Desert Willow, he was
looking forward to the recommendation of Kemper Sports. He said Desert
Willow is a first-class facility, the personnel there is terrific, and he still
teaches there. He agreed with Councilmember Kelly that it was all about
relationships, so he was looking forward to working with Kemper Sports, the
staff, and Manager Derek White.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
Councilmember Nestande asked for confirmation that golf management
companies were not prohibited from bidding as it relates to the 20-mile
radius.
Mr. Acosta said that was correct, adding that in the cover letter it was
explained, per the direction of the Council, that they did not want that
expressed as a qualification restriction, but staff felt it necessary to alert them
that it was part of the current contract. Staff also asked proposers to speak
to the pros and cons.
Mayor Pro Tem Jonathan admitted he was one of the driving forces that
wanted this contract to go out to bid, because it hadn't been done in the life
of Desert Willow. He also said at the time that Kemper Sports had set the
bar and they were the one's to beat, but Council owed it to the residents to
find out if it was getting the very best quality at the lowest possible price. He
believed that expectation has been borne out, because the process the City
went through was very thorough. Having been part of the Evaluation
Committee where they interviewed the final three applicants and evaluated
their proposals, he and former Councilman Tanner kept silent, because they
wanted to hear the experts. Not only was it a unanimous vote, but there was
unanimous discussion about how far and above the Kemper Sport proposal
was. He wants to give the Council and residents assurance that staff went
into this process with open eyes, objectively, not knowing what to expect or
what else is out there. Responding to Councilmember Nestande's question,
he said the proposals were not going to be limited to the 20-mile radius
requirement; they opened up the process to everyone. If Palm Desert
decides it wants the 20-mile restriction, then it can rule them out. He said the
City wanted to give everyone an opportunity as Mr. Acosta noted, seven of
eight internationally top golf course managements responded. The $500,000
provision has pros' and cons' and Council will wait to determine it, but it could
be to the City's benefit to no longer keep it. The recommendation this
evening is not necessarily to select Kemper Sports as a final decision, but to
allow staff to enter into negotiations for an agreement with them, stating the
two issues in question will get distilled through that process. He is proud of
the City for going through the process, although he's not entirely surprised
with the outcome.
Mayor Pro Tem Jonathan moved to, by Minute Motion: 1) Negotiate an agreement
between the City of Palm Desert, the Palm Desert Recreational Facilities Corporation, and
Kemper Sports Management, Inc., for the Maintenance and Operations of the Desert
Willow Golf Resort; 2) in accordance with the current Desert Willow Golf Resort
Management Agreement, provide Kemper Sports Management, Inc., with notice, prior to
January 1, 2017, of the City's intent to execute a new agreement for the Operation of
Desert Willow Golf Resort effective in Fiscal Year 2017-2018. Motion was seconded by
Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik;
NOES: None).
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
XVII. PUBLIC HEARINGS
A. REQUEST FOR ADOPTION OF RESOLUTION, MAKING CERTAIN
FINDINGS PURSUANT TO GOVERNMENT CODE SECTIONS 66000-
66008 RELATING TO THE DEVELOPMENT IMPACT FEES ANNUAL
REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2016.
Ms. Moore stated that every year the City is required to file a report that
includes the Development Impact Fees collected, the expenditures from
those funds, and make findings for any of those dollars that are still on
deposit after a five-year term with the understanding there are intended
projects identified or in the horizon of being completed. Staff has been in
communication with the Desert Valley Builders Association (DVBA) to
discuss the actual details of the report, including the Capital Improvement
Project (CIP) for the 2016/2017 year, which staff is still working on.
Mayor Pro Tem Jonathan asked if the recommendation is just to verify that
staff has gone through the required process or was the City actually weighing
in on some of these fees on whether they should continue to be imposed, if
not, modified, etc.
Ms. Moore said it was just to file a report and to make the findings for monies
on deposit after five years. Any discussion with respect to the fees
themselves and the imposition of those fees would be a separate item that
would be considered at Council's request. Also, anything that would be
discussed with respect to the Capital Improvement Program and application
to those fees would also be a separate item.
Mayor Pro Tem Jonathan asked if the evaluation of the City's existing fees
come up on a regular basis or is that something Council has to bring up,
because he noticed in the newspaper that Desert Hot Springs just went
through that exercise.
Ms. Aylaian responded it was not something that came up on a regular basis,
but it can at the request of the Council to look into a particular fee or a host
of them. She added that staff will be looking at certain economic
development programs, and as part of that, she might suggest looking at
some of the fees as an incentive to development.
Mayor Harnik declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, she
declared the public hearing closed.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
Mayor Pro Tem Jonathan moved to waive further reading and adopt Resolution No.
2016 - 95, accepting the Report and making certain findings pursuant to California
Government Code Sections 66000-66008.
Mayor Pro Tem Jonathan said it would be a good idea to evaluate these fees
to make sure they are still applicable and they are at the right rate, etc., and
if that's done in conjunction with economic development issues, that would
be fine. He hoped staff can get to it in the next six months or so.
Mayor Harnik suggested making that request under Council Comments.
Councilmember Weber seconded the motion and carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Hamik; NOES: None).
B. REQUEST FOR ADOPTION OF RESOLUTION, VACATING STREET
RIGHT-OF-WAY, CLOSING A PORTION OF SAN MARCOS AVENUE
BETWEEN SAN CLEMENTE CIRCLE AND ALESSANDRO ALLEY, AND
RESERVING A PUBLIC UTILITY EASEMENT OVER THE RIGHT-OF-WAY
TO BE VACATED (City of Palm Desert, Applicant).
Mr. Greenwood stated the Alessandro Alley Project also known as
Alessandro West, includes the permanent closure of San Marcos Avenue.
At the November City Council meeting, this public hearing was established
and the site was posted with official notice of this hearing. Staff also mailed
notices to the entire San Gregonio neighborhood and all of the Circle streets
between Monterey and San Pablo. Staff received no responses to that
action, therefore, staff recommended Council proceed.
Mayor Harnik declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, she
declared the public hearing closed.
Councilmember Nestande moved to waive further reading and adopt Resolution No.
2016 - 96, vacating a portion of right-of-way known as San Marcos Avenue between San
Clemente Circle and Alessandro Alley, closing of the street to vehicular traffic, and
reserving a public utility easement over the right-of-way to be vacated, subject to the
limitations described in the aforementioned Resolution. Motion was seconded by Weber
and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES:
None).
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
C. REQUEST FOR COMMENCEMENT OF THE FISCAL YEAR 2017-2018
COMMUNITY DEVELOPMENT BLOCK GRANT (C.D.B.G.) APPLICATION
PROCESS AND ONE-YEAR ACTION PLAN DEVELOPMENT.
Ms. Riddle stated this item is to request commencement of the Community
Development Block Grant 2017-2018 Application process. Part of that
process will be the opening of the grant period to receive applications, which
will close February 8, but prior to it, there will be a community meeting held
where staff will receive input from interested parties on what kinds of
programs or activities are important to be funded. Once the application
process closes, staff will review the applications and make recommendations
to the Outside Charitable Funding Committee. The Committee then reviews
the applications and makes recommendations; the item will come back in
May for Council's final approval.
Mayor Hamik declared the public hearing open and opened the CDBG Application
Process for FY 2017-2018.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manaaer's Meetina Summaries Report for the Period of
October 30-November 25, 2016.
On behalf of City staff, she welcomed new and returning
Councilmembers, stating staff was looking forward to working with
them. She apologized for what she would describe as "Not a
beginner's agenda," and if that was not enough indication, her
meeting summaries report was 15 pages long, so the City is doing
things.
With City Council concurrence, the City Manager's Meeting Summaries Report was
received and filed.
B. CITY ATTORNEY
Mr. Hargreaves concurred in the welcoming statements.
C. CITY CLERK
Ms. Klassen welcomed the new Council and is looking forward to working
together.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
D. PUBLIC SAFETY
1. Fire Department
None
2. Police Department
Lt. Baur welcomed the newly elected and returning Councilmember.
He reported that this past weekend, the Palm Desert Police
Department participated in the 8th Annual "Shop with the Cop Event,"
which is sponsored by Walmart and the Cove Communities,
specifically Palm Desert. The event was well attended and it was
joined by Mayor Harnik, Mayor Pro Tem Jonathan, and
Councilmember Weber. Also attending were members from Citizens
on Patrol (COP's) and 22 officers from three cities police departments
volunteering their time. The event began with a caravan of police
vehicles and motor units arriving at Walmart to greet 14 families,
including 32 excited children. A two -minute video was shown to
showcase the highlights of the event. He said this event proves that
govemment and private businesses working together can improve the
quality of life for families in need, and he thanked the Council for their
participation. He noted there are still funds left over and toys to
purchase to distribute to other children in need throughout the
holidays. Also, on December 12, is the "Coffee with a Cop Event,"
which is open to the public and being held at the Starbucks on El
Paseo. The Department also has a merchant's version, which is only
open to the merchants at the Palm Desert Westfield Mall on
December 14, and Council is welcomed to attend.
Mayor Harnik and Councilmember Weber stated they appreciated the
Police Departments efforts in building trust with the community and
the parents of the children participating in the event.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. Councilmember Susan Marie Weber's Meeting Summaries Report for
the Period of October 24-November 27, 2016.
Councilmember Weber reported she and staff watched a webinar on
the Citrus Pest and Disease Prevention Program, stating there will be
more information to follow that will be brought to the City Council.
With City Council concurrence, Councilmember Susan Marie Weber's Meeting
Summaries Report was received and filed.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
2. Council Requests for Action/Committee Reports/Comments:
a) Mavor Pro Tem Sabbv Jonathan Request for Action:
- Development Impact Fees - He requested staff look at the fees and
evaluate them to make sure they are still applicable, stating he hoped
it could be done in the next six months.
Ms. Aylaian said she believed fees are reviewed once a year in
September when the City's fee resolution is updated.
Ms. Moore concurred, however, it wasn't done this past September.
Ms. Aylaian agreed to review the fees, adding they have already
started with the City Attorney.
b) Mavor Pro Tem Sabbv Jonathan Reports/Comments:
- Shop with the Cop - He said one of the wonderful things about this
event, to the extent that public safety officials engage with the
community, it's one of the reasons Council loves them and are not on
oppositive sides of the fence. He thanked the Police Department for
taking the time and effort in devoting resources for it and wished to
underscore that all the deputies are volunteering their own personal
time, they are not being paid.
- CVAG Homelessness Committee - He noted the newspaper
reported there are changes at Roy's Resource Center. It's a very
positive opportunity where the Center is going to end up with more
resources for the homeless, including mental health services that this
Valley does not have now. He said CVAG is working a two -prong
approach which creates those resources, but also is working with
public safety officials to create a methodology that will coordinate and
bring the homeless to the resources that they need instead of just
being kicked in and out of jail.
- The City Holiday Celebration at The Gardens - He said everyone got
to see Elvis who was in the house, but the best part of it was that the
City received this headline in the The Desert Sun that stated "Palm
Desert Shines in Holiday Festival Debut." It was a successful event
and thanked staff for it.
Mayor Hamik added that Management Analyst Amy Lawrence
coordinated that event with her team, stating she looked forward to it
every year, but this year was even better.
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2016
c) Mayor Jan C. Harnik Reports/Comments:
- BAM (Behind a Miracle) Event - She heard there were more than
3,000 people, so the event is growing, adding that she liked the zip
line, the music was outstanding, and the ferris wheel is great.
- Economic Summit by Southern California Association of
Govemments (SCAG) - She related that she and two staff members
attended the Economic Summit where there was a lot of great
information on how one must remain nimble in responding to
educational needs in order for a City to be successful economically.
3. Council Consideration of Travel Requests and Reports:
None
XIX. ADJOURNMENT
With City Council concurrence, Mayor Harnik adjourned the meeting at 6:46 p.m.
JAN C. HARNIK, MAYOR
ATTEST:
IFELLE D. KLASSEIk ITY CLER
CITY OF PALM DESERT, CALIFOR
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