Loading...
HomeMy WebLinkAbout2016-11-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 10, 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 Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development 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 John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Anthony Baur, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 42100 Hovley Gardens Drive (APN 624-440-002), Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Daniel Sumrall and Mary Anne Sumrall Under Negotiation: x Price x Terms of Payment Mr. Hargreaves asked the City Council to consider adding an item to the Closed Session agenda by four -fifths vote, stating this item came to his attention this morning and it had to do with the sublease the City has with The Living Desert. The item is as follows: 2) Property: 47900 Portola Avenue, APNs 630-250-045 and 655-230-01942100 Negotiating Parties: Agency: Lauri Aylaian/City of Palm Desert Property Owner: Allen Monroe/The Living Desert Under Negotiation: x Price x Terms of Payment On a motion by Harnik, second by Weber, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the aforementioned item was added to Closed Session. B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) City of Palm Desert v. Kenneth Doran, Riverside County Superior Court, Case No. PSC 1605075 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 adjourned the meeting to Closed Session of the City Council and Housing Authority at 3:00 p.m. He reconvened the meeting at 4:02 p.m. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 V. RECONVENE REGULAR MEETING - 4:00 P.M. Mayor Spiegel stated this year's Golf Cart Parade and float were the best he's seen in 22 years. He expressed his appreciation to the following staff members for their participation in making this year's float: Ryan Stendell, Director of Community Development Mark Greenwood, Director of Public Works Donna Evans, Secretary to the City Manager James Conway, Code Compliance Officer Marco Zamudio, Sr. Maintenance Worker Rae Munoz, Clerical Assistant Amber Molina, Human Resources Assistant Erik Vega, Laborer Francisco Torres, Equipment Operator Jose Rojas, Maintenance Worker Cora Gaugush, Capital Improvement Project Technician Also, a special thanks to Senior Management Analyst/Public Information Officer David Hermann for the 2017 City of Palm Desert Calendars, which he believed was also the best calendar he's seen in 22 years, adding that they were free and available at the front desk. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves reported that prior to Closed Session, Council added a real property negotiation item having to do with the City's lease with The Living Desert, which needed immediate attention. In Closed Session, the City Council authorized unanimously, with Mayor Pro Tem Harnik abstaining, that the City Manager move forward with negotiating with The Living Desert to fix the termination of the City's parking lease in 2020, as it currently stands, and under the sublease amendment, authorize the phase 1 construction project to occupy 19 of the 750 spaces that are subject to that lease. That action was taken and it received a unanimous vote. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Charter Middle School ASB Member VI1. INVOCATION - Councilman Van G. Tanner 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 VIII. ORAL COMMUNICATIONS - B MS. MIKA MOULTON, Santa Rosa Circle, Palm Desert, thanked the City Council for their support and belief in what they do at Christopher's Clubhouse. Because of the love she has for this community, they are committed to help everyone be save, which drives them to ensure every individual can learn how to prevent a dangerous situation from escalating. The recent passage of Proposition 57 by the voters of California has her very worried for the community, especially the children, the women, and the elderly. She said Proposition 57 allows for early release of criminals convicted of nonviolent crimes, but some of these nonviolent crimes include, rape by intoxication, rape of an unconscious person, human trafficking involving sex acts with minors, drive -by shootings, assault with a deadly weapon, taking a hostage, lewd acts upon a child, discharging a firearm on school grounds, etc. This passage undermines victims' rights, undoing years of real measures to ensure public safety. Child molesters, rapists, human traffickers, elder abusers, and many more are now eligible for early release. At this point, every home, school, and neighborhood are easier targets and less safe. However, as a local nonprofit that vows to continue to make a difference, Christopher's Clubhouse will move forward and work diligently to create a community where the bad guys are more afraid of them. As a parent of an abducted and murdered child, she will lead this fight for this community and guarantee to do whatever is necessary to reach out and find the funding and support to safeguard our most precious resources, because losing a child is something one can never imagine before or after it happens. To that end, Christopher's Clubhouse is collaborating with the California Child Abduction Task Force in bringing an extremely valuable and crucial training to law enforcement in Southern California. This free training entitled, "The First 48 Hours," will be held at UCR-Palm Desert on December 1. It's specifically designed for patrol lieutenants, watch commanders, field sergeants, and other law enforcement first responders. They will learn missing child intake procedures, neighborhood video and canvassing, road blocks, victimology, command posts, stranger abduction studies, amber alerts, etc. She trusts that law enforcement communities will take advantage of this free opportunity. She hopes community leaders will continue to believe in Christopher's Clubhouse and prays that schools, administrators, teachers and parents, will reach out to them, knowing they are the only resources for safety and prevention education in the Coachella Valley. Responding to question, she said the training is on December 1 from 8:00 a.m. to 4:00 p.m. It's free, including the breakfast, but attendees will have to pay for their own lunch. MR. TOM MORTENSEN stated he's a resident of Palm Desert and Vice Chair of the Palm Desert Sister Cities Foundation. He thanked the Council for its participation in the Foundation's programs, especially Councilman Tanner who has been attending their monthly meetings providing valuable 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 input from the City. He said the Foundation has been concentrating primarily on humanitarian needs of Sister City lxtapa-Zihuatanejo, Mexico. Also, they will be promoting the youth with goodwill and better friendships between the sister cities. They are also looking forward to having a Youth Exchange Program with Sister Cities Gisborne, New Zealand and Ixtapa-Zihuatanejo, Mexico. He said Mayor Spiegel has been involved in the Sister Cities Program since its inception. He thanked the Mayor for all he's done for the Foundation and the City, stating the Honorary Luncheon they hosted at Desert Willow was a good way to show their appreciation, adding that the Foundation will consider having a third sister city, which was a question raised by the Mayor. He said the Honorary Luncheon was a complete sell out and standing room only. He thanked Derek White and staff for doing a great job, because the luncheon was a tremendous success. Lastly, he said Mayor Spiegel will be missed. MS. LORI CARNEY, Human Resources Directorforthe City of Palm Desert, stated that Friday, November 11, 2016, was Veteran's Day, and as part of the City's commitment to the men and women who have served this country, she asked that the following staff members be recognized for their service: Horacio Celaya, Air Force Ron Tucker, Air Force David Hermann, Marine Corps Troy Kulas, Marine Corps Rae Munoz, Marine Corps Daniel Crawford, United States Navy Russell Grance, United States Navy Sheila McGrew, United States Navy Alfredo Contreras, United States Navy Mayor Spiegel, United States Navy Ms. Carney said these men and women have answered the call to service, and that individual service is what makes this country a remarkable bastion of freedom in a troubled world. LT. BAUR introduced Deputy Patrick Mushinskie and K9 Officer Rio. He said they will provide a presentation on an event they recently participated in. Deputy Patrick Mushinskie said his partner K9 Rio is a 41/2 year old Belgium Malinois who comes from Poland. One of their functions is patrol operations, finding evidence and narcotics, including public demonstrations. Their most recent event was the Golf Cart Parade on El Paseo, but they also attend school events at Lincoln Elementary, Palm Desert Charter, and Coachella Valley Leadership. He said Rio is very good with children and is a real ham. He displayed photographs of Rio at various school and City events, including the recent Palm Springs Memorial funeral. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, NOVEMBER 10, 2016, AS "FIREFIGHTER/PARAMEDIC ALVARADO- HALLWORTH DAY" IN THE CITY OF PALM DESERT. On behalf of Mayor Spiegel and the entire City Council, Mayor Pro Tem Harnik presented the proclamation to Mr. Alvarado-Hallworth for the successful outcome in delivering a healthy baby boy into the world, despite it being his first field delivery. Mr. Alvarado-Hallworth thanked the Council, his colleagues, and attendees for the recognition. He said that on September 30, 2016, he and his crew David Hodges and Terence Liszewski, were simply completing a task they were competently trained to do. He added that providing customer service to Palm Desert residents is an honor and he humbly accepted the proclamation on behalf of Fire Station No. 71. B. PRESENTATION OF PROCLAMATION DECLARING SATURDAY, NOVEMBER 26, 2016, AS "SMALL BUSINESS SATURDAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Pro Tem Harnik presented the proclamation to the Palm Desert Area Chamber of Commerce CEO Lauri Baldwin, who encouraged everyone to shop local small businesses on November 26, 2016. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 27, 2016. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 10/14/2016, 10/19/2016, and 10/26/2016. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 10/21/2016 and 10/28/2016 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Courtyard By Marriott, 74895 Frank Sinatra Drive, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES,. 1. Parks & Recreation Commission Meeting of June 7, 2016. 2. Public Safety Commission Meeting of September 14, 2016. 3. Youth Committee Meeting of September 12, 2016. Rec: Receive and file. F. REQUEST FOR RE -APPROPRIATION, of $40,000 to Assist Ironwood Community Association with Conversion of Turf in a City -Owned Median on Portola Avenue from Reserve Drive to Mesa View (Ironwood Community Association, Applicant). Rec: By Minute Motion, re -appropriate $40,000 from Unobligated General Funds to Account No. 1104614-4391501 to assist Ironwood Community Association with conversion of turf in the City -owned median on Portola Avenue from Reserve Drive to Mesa View. G. REQUEST FOR AUTHORIZATION. to Purchase Three (3) Solar -Powered Message Boards from Tops N Barricades in the Amount of $46,963.80. Rec: By Minute Motion, authorize purchase of three (3) solar -powered Message Boards from Tops N Barricades, Indio, California, in the amount of $46,963.80 — funds are available in Account No. 5304310-4404000 - Equipment Replacement. H. REQUEST FOR AWARD OF CONTRACT, to T. J. Janca Construction, Inc., in the Amount of $37,600 for Construction of the Joe Mann Park New Shelter Installation Project (Contract No. C35740, Project No. 925-17). Rec: By Minute Motion: 1) Award subject contract for Construction of the Joe Mann Park New Shelter Installation Project to T. J. Janca Construction, Inc., Orange, California, in the amount of $37,600; 2) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $3,760; 3) authorize Mayor to execute said contract —funds are available in Account No. 2334618-4400100 - Park Fund. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 I. REQUEST FOR APPROVAL of Change Order No. 1 in the Amount of $5,075 to Contract No. C33741 — Janitorial Services at Henderson Community Building. Rec: By Minute Motion: 1) Approve Change Order No. 1 to subject contract with Dedicated Building Services, LLC, Sherman Oaks, California, to provide twice weekly Janitorial Services for common areas at the Henderson Community Building (Chamber of Commerce building); 2) increase amount of the contract by $5,075; 3) authorize Mayor to execute Change Order No. 1 — funds are available in General Fund Account No. 1104340-4332600 - R/M Janitorial. J. REQUEST FOR APPROVAL, of Change Order No. 1 in the Amount of $3,150 to Contract No. C33871 — Janitorial Services at the Parkview Office Complex. Rec: By Minute Motion: 1) Approve Change Order No. 1 to subject contract with Dedicated Building Services, LLC, Sherman Oaks, California, for Janitorial Services for the Parkview Office Complex; 2) increase amount of the contract by $3,150; 3) authorize Mayor to execute Change Order No. 1 — funds are available in General Fund Account No. 5104195-4369601 - CAM -Building #444. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35170 — Portola Avenue Improvements at El Paseo Project (Project No. 630-16) (All American Asphalt, Corona, CA). Rec: By Minute Motion, accept the work as complete and authorize City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35210 — 2016 Traffic Signal L.E.D. Indication Replacement Program (Project No. 586-16) (Siemens Industry, Inc., Riverside, CA). Rec: By Minute Motion, accept the work as complete and authorize City Clerk to file a Notice of Completion for the subject project. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35300A — City Facilities Fire and Security Alarm Monitoring and Improvements Project (Project No. 780-14) (Alarm Monitoring Services, Inc. [d.b.a. AMS Security], Palm Desert, CA). Rec: By Minute Motion, accept the work as complete and authorize City Clerk to file a Notice of Completion for the subject project. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 On a motion by Tanner, second by Weber, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2016 - 83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE AND CLOSE A PORTION OF SAN MARCOS AVENUE RIGHT-OF-WAY UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 3 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED VACATION AND CLOSURE. Mr. Greenwood stated this was another step in the Alessandro West Project, which involves the vacation of a portion of San Marcos Avenue. This item is to set up the public hearing for December 8, 2016. Mayor Pro Tem Harnik moved to waive further reading and adopt Resolution No. 2016 - 83. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). B. RESOLUTION NO. 2016 - 84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE SUBDIVISION MAP OF TRACT NO. 36351, AND APPROVING THE IMPROVEMENT AGREEMENT RELATING THERETO (Ponderosa Homes II, Inc., Applicant). Mayor Pro Tem Harnik and Councilman Jonathan recused themselves from this item due to a potential conflict of interest and left the Council Chamber. Mr. Greenwood explained this was the final portion of Ponderosa Homes, generally south of Dinah Shore Drive and west of Portola Avenue. Councilman Tanner moved to waive further reading and adopt Resolution No. 2016 - 84. Motion was seconded by Weber and carried by a 3-0 vote (AYES: Tanner, Weber, and Spiegel; NOES: None; ABSENT: Harnik, Jonathan). 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1309 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.95.010 OF THE PALM DESERT MUNICIPAL CODE BY ADDING SECTION 5.95.010(A), RELATING TO A REQUIREMENT OF COMPLETION OF A COURSE ON WATER -EFFICIENT LANDSCAPING FOR ISSUANCE OF BUSINESS LICENSE TO LANDSCAPE -RELATED BUSINESSES IN THE CITY. Mayor Pro Tem Harnik moved to waive further reading and adopt Ordinance No. 1309. Motion was seconded by Tanner. Responding to question about the cost, Management Analyst Deborah Glickman responded there was no cost associated for the City or the person taking the training. The program is sponsored through the Coachella Valley Association of Governments (CVAG) in partnership with Coachella Valley Water District (CVWD). Mayor Spiegel called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 2. ORDINANCE NO. 1311 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING ATEMPORARY ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION NOS. 25.56.040, 25.56.050, 25.56.080, AND 25.34.080, TO ALLOW A TRIAL PROGRAM UNDER WHICH BUSINESSES IN THE EL PASEO OVERLAY DISTRICT USE PEDESTAL SIGNS YEAR-ROUND AND HAVE BALLOONS UP TO 40 DAYS PER CALENDAR YEAR THROUGH DECEMBER 31, 2017; AND ADOPTING A NOTICE OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), Case No. ZOA 16-265 (City of Palm Desert, Applicant). Councilman Tanner moved to waive further reading and adopt Ordinance No. 1311. Motion was seconded by Weber. Mayor Pro Tem Harnik said there were balloons all over at the Golf Cart Parade. Therefore, she suggested balloons should automatically be allowed for such events. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 Ms. Aylaian noted it's currently provided for under the Temporary Use Agreement in which special events apply. Mayor Spiegel called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XIV. NEW BUSINESS A. CONSIDERATION OF A SPONSORSHIP REQUEST FROM FASHION WEEK EL PASEO AND FOOD & WINE FESTIVAL PALM DESERT 2017 AND RELATED EVENT AUTHORIZATIONS (CONTRACT NO. C35860) (Palm Springs Life, Applicant). Economic Development Manager Ruth Ann Moore stated Fashion Week El Paseo began in 2006 with three nights and a few hundred people. It now encompasses eight nights of national and international designers with attendance of 11,000. Using numbers provided by the Convention and Visitors Bureau, Fashion Week has an economic impact for the area of more than $2.7 million. Branding of El Paseo as the west coast fashion location, garners more than $8.2 million in marketing, media, and public relations. Fashion Week El Paseo has the largest consumer fashion week on the west coast; it's larger than Los Angeles, San Diego, Phoenix, or Portland. In 2010, the big white tent also became a home for the Food & Wine Festival Palm Desert, and it's grown in stature and prestige through its alliance with the James Beard Foundation. Last year the attendance was 3,290, and the event consisted of 29 celebrity chefs, 79 wineries and spirits, 10 craft breweries, and 52 restaurants participating in the events. The media, marketing, and public relations coverage for Food & Wine Festival Palm Desert was valued at more than $5 million. The Council was presented detailed information on all past and present events at an October study session. She presented a short two -minute video showcasing Fashion Week and Food & Wine Festivals. She went on to report that last year the tents for the events were moved from a lot on Larkspur Drive to the top of The Gardens parking structure. While the location was better with great views and direct access to restaurants and shops, it requires added expenses. In order to keep up with these expenses and expansions in the quality and size of the event, Palm Springs Life (PLS) has requested additional funding. For the past several years, the City has funded $75,000 for each event for a total of $150,000. This year, PSL is requesting a sponsorship of $200,000 for Fashion Week and $100,000 for Food & Wine for a total of $300,000. She said Mike Jones and Michael Mathews from Palm Springs Life were available to answer questions and to talk about how they see the event expanding into the future. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 MR. MICHAEL MATTHEWS shared he first met Mayor Spiegel in 1976 when he worked for May Company. He wished the Mayor much luck and happiness in his upcoming retirement and expressed appreciation for his support over the years. He said Council has seen what they have been able to accomplish with the City's assistance and with the sponsorship of others as well. They will continue to strive to both improve Fashion Week and Food & Wine in the coming years. The 2017 lineup will include the following: Christopher Bates, a menswear designer from Milan; Mikael D., a fashion designer from Lebanon, along with Miranda Larabert; Michael Costello; five or six fashion runway designers; FIDM (Fashion Institute of Design & Merchandising); scholarship winners from past years; Rosette Getty, who is the granddaughter of John Paul Getty; CD Greene and others from New York. On the chefs side they have the following lineup: Gail Simmons; Stuart O'Keeffe from the Food Network; Gale Gand; The Beekman Boys; Brooke Williamson; and Aarti Sequeira. They also have offers out to David Barzelay, who is the best new chef at Food & Wine Magazine; Chef Tory McPhail who is the chef at Commander's Palace in New Orleans, and he is also the man who makes the turtle soup; Ayesha Curry; and Curtis Stone. He went on to say this is the kind of program attendees will see for this coming year. Additionally, each year following 2017, they will continue to bring more well-known chefs, which will help drive attendance from outside of the marketplace to Palm Desert. Councilman Tanner moved to, by Minute Motion: 1) Approve a sponsorship funding of $200,000 for Fashion Week El Paseo and $100,000 for Food & Wine Festival Palm Desert, for a total of $300,000; 2) appropriate an additional $150,000 from Unobligated General Funds to Community Sponsorships for Fiscal Year 2016-2017, Account No. 1104416-4306200 - current funding in the Account is $150,000, and the additional appropriation will bring total to $300,000; 3) authorize use of the north side of Shadow Mountain Drive behind The Gardens for valet parking; 4) authorize waiving of all permit and inspection fees pertaining to the event; 5) authorize Mayor to execute the Sponsorship Agreement, subject to City Attorney to making any non -substantive changes necessary. Motion was seconded by Harnik. Councilman Jonathan stated this was a significant expenditure by the City of Palm Desert, and it would be a doubling of their $150,000 sponsorship from past years. He will keep an open mind, because if you gave him a pair of Levy's and a tostada from Del Taco, he's a happy guy, adding that he obviously wasn't the events' profile. However, he fully understood and appreciated how important these events are to the City, in terms of branding Palm Desert and positioning the City from a tourism standpoint, stating he appreciated the hard work and successes that PSL has brought to the City. He thanked staff for taking the time to provide Council with an analysis and the five-year projections, which was important for Council to understand. While he valued the return on investment, this was a one-year commitment, 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 because Council is expecting, that while the event grows, so does the financial return. Therefore, the City wouldn't be asked to maintain this level of funding or increase in the future, which he hoped was a common goal. He was pleased to see that in return for the higher investment, Palm Desert would be getting more recognition by being named the welcoming sponsor and having the name associated with the event much more visibly than in the past. Also, a return to the date that PSL wanted, will result in an increase to attendance. He reviewed all the information, he listened to PSL, and he supports the event, but he certainly has expectations regarding these events moving into the future. MR. MATTHEWS replied he hoped to live up to them. Mayor Pro Tem Harnik concurred with Councilman Jonathan's comment, stating she had an additional request, which falls under the umbrella of Palm Springs Life Festival. In the front page, she would like for the name Palm Desert to be on it, because it was a high bill the City was paying. Councilmember Weber pointed out that one of the reasons the cost is higher is because the tents are on the top parking structure of The Gardens, questioning if the cost would be less once they are moved from that location in the future. MR. MATTHEWS said it was PSL feeling that the tents will remain on the top structure of The Gardens, because it's the only location that is large enough for parking and the events stays on El Paseo. He said they have examined every possible option, and this has been the best one with the partnership and cooperation of The Gardens. Mayor Spiegel stated lack of special events is one of the City's biggest deficiencies. Although, it will be getting a new event with the Chamber of Commerce barbeque at the Civic Center Park, the City needs more and bigger events. He commented that other cities in the Valley do a much better job of promoting their city. However, Fashion Week is Palm Desert's premier event, so he was in favor of approval. Mayor Spiegel called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). MR. MATTHEWS thanked the Council for its continued support on behalf of Palm Springs Life and their entire staff. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 B. REQUEST FOR AUTHORIZATION, OF THE EXPENDITURE OF MARKETING FUNDS FOR A CITY -RUN BANNER PROGRAM ON EL PASEO (CONTRACT NO. C35870). Economic Development Manager Ruth Ann Moore stated that due to budgetary constraints, the El Paseo Business Improvement District has decided to forego creating the new median banners for El Paseo. Rather than dismantling the program, the City's marketing staff would like to make this a City -run Banner Program as part of its outreach to visitors and residents. The program will consist of the following: 1) Marketing City events such as First Weekend. These banners along with the holiday and flag banners will be produced with City funds; they have a life of three to five years; 2) events that are on the street such as Paint El Paseo Pink; 3) staff will work with tourism partners, The Living Desert and Palm Springs Museum -Palm Desert to promote their events and attractions. These banners will be paid for by the partners. Staff would like to keep this program solely to El Paseo events, City events, or things that are of interest to tourists. Staff does not plan to use median banners for education or charity promotions, competitions, or other advertising purposes. Currently, the banners are changed eight times a year and staff would like to remain at that number, because the Corp Yard staff has always been in charge of installing the banners. Mayor Pro Tem Harnik moved to, by Minute Motion, authorize: 1) Expenditure of Marketing Funds for a City -run Banner Program on El Paseo and appropriate $12,000 from Unobligated General Fund Reserves to Marketing Account No. 1104417-4321900 for this purpose; 2) City Manager to execute any agreements on behalf of the City for this purpose. Motion was seconded by Weber. Councilmember Weber inquired about the banners life span of three to five years, which she thought was quite high. Ms. Moore explained that the banners are made of very hard plastic, and the Corp Yard staff takes very good care of them. Mayor Spiegel called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 C. REQUEST FOR AUTHORIZATION, OF FISCAL YEAR 2015-2016 FINAL BUDGET ADJUSTMENTS TO REVENUES AND EXPENDITURES, AND AUTHORIZE CERTAIN RELATED EXPENDITURES FOR FISCAL YEAR 2016-2017. Ms. Moore noted the staff report and Resolution with regard to the 2015-2016 Final Budget Adjustments. She said these budget adjustments are both for revenue and expenditures, and a true -up payment to the CalPers Employer minimum payment. Staff had to do revenue adjustments primarily due to increased Property Taxes, which were the largest, followed by sales tax, interest, and incoming Transient Occupancy Tax. There were also increases to expenditures, which were previously approved by Council, but not appropriated at the time. Therefore, Council authorized the expenditure, but not necessarily the appropriation, so those year-end adjustments need to be made. Some transactions are technical, where funds were all lumped into one account, with respect to insurances, but then charged to separate accounts, so those adjustments are being made, and the rest are year-end adjustments. In the staff report there is a break down, a resolution, and the attachment with the actual adjustments, which includes the payment to the Post Employment Benefits Account of $487,255. She pointed out there are no adjustments in this request for reserve accounts with respect to deferred maintenance. Earlier in the year, former Director of Finance was asked to take a look at deferred maintenance for funding Tong -term maintenance items, but staff opted to look for a consultant who can provide a better plan. She said a consultant will do assessments of buildings, parks, streets, roads, and bridges, and provide a recommendation. At that time, staff will bring that information to Council, so it can have a better understanding of what can be expected in the next five years, but staff is expanding the request to 30 years. She offered to answer questions. Councilman Jonathan requested further clarification on the actual unanticipated expenditures of $1,081,000. Ms. Moore explained that the $1,081,000 represented the minimum true -up payment. She recalled for the Council that at the June study session staff explained the amortized payment for unfunded pension liability where a minimum payment is due every year. The actuarial report was for 2014/2015 and 2015/2016; therefore, staff is asking to make those minimum payments. She noted payroll costs have gone down and pension payments are made based on a percentage payroll. Due to that, the City's pension deposits have not been what the minimum has required, so staff is asking to make that adjustment at this time. Councilman Jonathan asked if the $1,081,000 amount was for real expenditures that were not previously budgeted. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 Ms. Moore clarified the amount is actually $1. 5 million. She said that in the very last page of the staff report it notes that it's $1,528,675 to the General Fund that includes transfers out to other funds. Councilman Jonathan said he thought the $1.5 million included a transfer because in the recommendation portion of the staff report, item two is requesting to authorize expenditures for the true -up payment of $487,255 and to appropriate an additional estimated payment of $593,745 totaling the $1,081,000. What he was trying to get at, is that in the original budget, the Council budgeted certain amounts. Therefore, he questioned what actual increased expenditures was staff recommending. Ms. Moore said for the fiscal year 2015/2016 it is $1.5 million for the General Fund that includes $487,000 for that true -up payment for the previous two years. The $593,000 is an expenditure in the 2016/2017 fiscal year and is to makeup the difference in the required payment based on estimated payroll. Councilman Jonathan said the recommendation is to spend $1.5 million that was not previously budgeted out of the General Fund, but staff is making midyear corrections with the expectation of increased revenues compared to the original budget of $3.3 million, and the additional expenditures will increase by $2 million in total, and so is staff saying that even with these unanticipated expenditures, the City will be ahead $1.3 million. Ms. Moore explained that these adjustments are for the 2015/2016 year, which closed June 30, 2016. Therefore, the City's revenues were higher than anticipated by $2.3 million, which was due to property tax from selling former Redevelopment Agency property, and sales tax. She said the City had the final payment from the triple flip, and then there were small gains in interest, because interest rates went up a little bit, and also TOT. Based on the information provided by the CVB, staff believes the TOT increases were based on increased hotel rates, not occupancy. In essence, $2.3 million is an increase to the General Fund with respect to revenues for the 2015/2016 year. For the 2015/2016 with respect to expenditures, staff anticipates, or in some cases, has expended $1.5 million. What staff is saying is that it received more in revenues and these expenditures will offset the revenue for last year. Mayor Spiegel stated the City was $2.3 million over what was budgeted. In other words, that money is in the bank and the City should be able to expend the funds. Councilman Jonathan stated the City was at a balanced budget for 2015/2016, so these adjustments will not cause the City to go into a deficit. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 Mayor Spiegel added that it didn't take into consideration the 2% TOT that was passed by the residents this past week. Councilman Jonathan agreed, but this item was for 2015/2016. Councilman Jonathan moved to: 1) Waive further reading and adopt Resolution No. 2016 - 85, authorizing the FY 2015-2016 Final Year -End Budget Adjustments to Revenues and Expenditures; 2) by Minute Motion, authorize and appropriate the expenditure of a true -up payment for CaIPERS Employer minimum payment, covering the previous actuarial report (2014-2016) of $487,255, and authorize and appropriate an additional estimated payment for FY 2016-2017 of $593,745 (Total $1,081,000). Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. ORDINANCE NO. 1310 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL CODE TO ADOPT THE 2016 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS — CALIFORNIA BUILDING STANDARDS CODE. Mr. Grance noted this Ordinance was introduced at the meeting of October 27, and this was the second reading and public hearing. Mayor Spiegel declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Councilman Tanner moved to waive further reading and adopt Ordinance No. 1310. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 B. REQUEST FOR APPROVAL OF AN UPDATE TO THE CITY'S GENERAL PLAN, THE UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN, THE ONE ELEVEN DEVELOPMENT CODE, AND TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT (SCH NO. 2015081020), STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING AND REPORTING PROGRAM, Case Nos. GPA/EA 16-261,, ZOA/CZ 16-262. and ZOA/CZ 16-263, (City of Palm Desert, Applicant). Mr. Stendell stated this item was the long-awaited public hearing for the development of the City's Comprehensive General Plan Update that includes the University Neighborhood Specific Plan (UNSP), the One Eleven Development Code, and the Final Environmental Impact Report (EIR), which by law, can be done all at once. He said staff will provide a brief presentation while getting the pertinent information into the record, inform Council as to a few comments received over the last 36 to 48 hours, and request Council to open the public hearing and take testimony, at which time, discussion on this item and any potential action can begin. In the fall of 2014, is when the City started this process and it went into the winter of 2015. Staff released the Notice of Preparation (NOP), which kicked off the Califomia Environmental Quality Act (CEQA) process in August 2015, and the release of the draft EIR was put out to the public in April 2016. In August 2016, staff released to the public the draft EIR on the General Plan, the University Neighborhood Specific Plan, and the One Eleven Development Code, stating it was the most efficient way to process this case. By tying all the projects together, it allowed the City to not have to expend additional funds for other reports. The final EIR was released on October 19, 2016. MR. MATT BURRIS, Consultant with Raimi + Associates, noted the Council received the General Plan Update with more than 3,000 pages of reading. He said this has been an outstanding process and has been very rewarding. The story of the General Plan started with the Strategic Plan. When Raimi + Associates started two years ago, the Strategic Plan was handed to them as a foundation. It was an outstanding document because it was based on more than 100 community members participating in a year -long process to identify a future for Palm Desert and laid out a strategy for a path toward maintaining the City's competitiveness. In part, it's an economic competitiveness, but more broadly making sure that the City could retain its position in the greater region and be able to obtain the best and the brightest employees, residents, businesses, etc. The Strategic Plan laid out a road map for a great vision saying it wanted a downtown, a pedestrian friendly community, and it wants to leverage the University area and north sphere to ensure the City was ready for the 21 st Century. To kick off the General Plan process, they had several meetings with the community, several dozen 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 stakeholders' meetings, focus groups, and conducted three community workshops to dive into the topics that were relevant to identify a future for the downtown. The community had a continued interest in diversifying the City's offerings to create connected places. There was a deep desire to create a downtown and to leverage the University area. It was great for them to hear that the Strategic Plan had a very long life and that these values and interests should be carried through into the General Plan Update. He said they articulated ideas on how to move forward in a simple diagram, which he displayed. The diagram shows the areas of change, areas of transformation, areas of preservation, and areas of enhancement. Essentially, this diagram became their roadmap as they were working with the General Plan Technical Advisory Committee as to where it should focus their efforts. It has proven to be a good communication tool, in terms of where efforts should be focused, and where are the big ideas. The big ideas are the downtown, the university, and the university neighborhood. With those things in mind, they carried the vision from the Strategic Plan and articulated a short list of guiding principals to assist in making the vision a reality. First, you start by focusing on Human Scale Design, creating lively active centers throughout the town and places for people to go, making sure of transforming the transportation network by having streets for all, embracing the paradigm shift that's occurring in the Country on multi -modes of transportation, and giving people multiple choices. What is most important, is not to forget the City sits in an amazing natural and open space. The General Plan is organized around 11 chapters, and it includes chapters required by State law. It also includes a health section, it's a cutting edge topic that many communities in the State have been embracing, and in the Strategic Plan the community had a deep interest and appreciation for health, fitness, and the outdoors. The two supporting documents that helped put this General Plan in a position to start implementation now are the One Eleven Development Code and the design guidelines. Therefore, the General Plan sets the vision for the downtown and the One Eleven Development Code tells the City how to build it. There is also the University Neighborhood Specific Plan, which is essentially a similar path as to how to get there. The City Center Area Plan is a small part of town, but it's an extraordinarily important part of town. This approach of creating a downtown center around four big ideas to create a mix -use City Center, focused on the corridor and downtown expansion to ensure the City is creating comfortable places to walk and gather and continue to keep this idea of improving connectivity in the forefront as it builds or rebuilds. He displayed the strategy map, explaining the various colors and their purpose. The Development Code provides the City with four new zones to regulate this development, and it provides for up to four stories in a couple of key areas, which is tied to the economic viability of making things turn over. It's great to have big ideas, but the market is what is going to make it all happen. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 Principal Planner Eric Ceja stated that Mr. Burris outlined how the Envision Palm Desert Strategic Plan lead into the General Plan Update and how it laid out a foundation to leverage the University and create walkable neighborhoods. One of the specific goals and policies that is in the General Plan is for the City to provide design guidance for land around the University to leverage and maximize accessibility and connectivity. As part of that effort, the University Neighborhood Specific Plan is a tool that is centered around those 400 acres. This document sets forth regulations, development standards, and a few new zones for that area. The two big take away's from this document is to provide a mix of housing choices and options, maximizing connectivity. Staff looked at the master plan with the Millennium Project and the University itself, and looked at ways to emphasize pedestrian and bicycle connectivity, stating the open space there lends itself to this effort. Staffs goal was for the University Neighborhood Specific Plan to support the University. Staff had a meeting with the University staff in their preparation of their master plan for their campuses, and they have seen this Plan and have completely embraced it, stating they are actually using the City's documents and slides in their presentations. He said the City wants to create this lively mix -use center that provides for a range of housing types. Therefore, staff is looking at four new neighborhood designations; Neighborhood Low (NL) - predominately single family with some attached units; Neighborhood Medium (NM) - attached units or apartments; Neighborhood Centers (NC) - incorporate mix use, retail/office space, and Neighborhood Open Space (OS). What's important with these designations, is that these eight subareas were established, and within each of them, staff has allocated portions of each of those zoning designations in order to create this mix -use and interesting center that accommodates housing, open space, and retail. The document was further refined by providing a table that shows each of the eight planning areas and expected development for each one of them. There is a mix of single family, apartments, multi -family, retail space, office space, and acreage for open space. In order to create that mix of housing choices and connectivity, there are specific design guidelines that relate to block line. Because there will be eight subareas that may develop at different times under different developers, this document will allow staff to coordinate a lot of that development such as courting infrastructure, block layouts, and ensuring there is connectivity and open space throughout. MR. MARK TEAGUE, CEQA Consultant with Michael Baker International, stated the environmental process in California has had a lot of press, and it is indeed a lengthy process, which the City of Palm Desert has completed with the activities this evening. The CEQA document is an informational document about the potential impacts of the actions being taken this evening. There are several actions before the Council, and the EIR was able to cover each of those. It's a relatively unique environmental document in that the City doesn't have a project to look at such as brick and mortar, a 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 road way, etc. or potential project. However, this is a City that gets things done rather quickly as evidenced by the three things its doing at once this evening. He said they went through all the documents and compared them to thresholds of significance and analyzed the change between the current plan and the one being proposed. Based on one of the slides displayed earlier, much of the City is remaining unchanged. There might be a slight change in policies, but what it does, it gets the Council out of having to analyze a lot of change that isn't going to happen in the environmental document. The impacts evaluated covered the full gambit from aesthetic, transportation, green house gas, air quality, etc., which the Council will be interested to find out is that most of the General Plan is designed to implement itself and to address those issues as they come up with each individual project. The General Plan is just one layer of regulation that already exists out there. You can't put a shovel in the ground in the State of California without somebody regulating that process, and they did not recreate it. However, they are saying here are all the things that have to happen. The Council has a rather lengthy report attached to the staff report that includes all the ordinances in place for those few things that aren't regulated by somebody else. At the end of the day, they compared all of that activity, and if there is something that needs to be done differently, then they added that as a mitigation measure. It's not only how they went through the environmental document, it's how the document and the General Plan itself will be implemented moving forward. The City will only need to add things to future projects that are unique to those projects. So in that regard, Palm Desert has the best document that will serve well for the future. The CEQA process is public in that people can comment; however, the City didn't receive a large number of comments on this document, which is a testament to the excellent drafting of the EIR. For those that care about these things, this document is viewed as forward thinking. The few comments received pointed out typographical errors and requested changes in order to reflect other agencies, but it did not substantively change the analysis or the conclusions in the EIR. With all of that, they did end up with three impacts they could not address to a level of less than significant, meaning there are thresholds the City will exceed no matter what is done, and they center around transportation. The first is Greenhouse Gas Emissions (GHG), which is a topic that has thrown the CEQA world in somewhat of a tailspin, given a Supreme Court case, in terms of how these things are looked at. He said there is a belief that the 20/35 standard won't be met, in fact, he didn't think anybody could meet those standards, because nobody knows how to get there. In order to future proof the document, they have determined that it may not be able to meet the standard and therefore recommend that the Council adopt the Statement of Overriding Considerations. The other two impacts have to do with transportation. There are portions of Interstate 10 Freeway that the City won't be able to widen or fix, because it doesn't belong to the City, which is the primary issue. The other is that even if you expand 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 the middle lane, you have to deal with the expansion for its entire length until it goes out a distance, which is an infeasible mitigation, but the City has an opportunity to demonstrate, at that point, that it would not be able to keep the current level of service standards. Those two are changing, and sometime in the future when the EIR is updated again, this will not be an issue. CEQA allows the Council to proceed even though these three impacts cannot be reduced to less than significant levels, and it can be done by determining there are other fiscal, social, or other benefits to the project that outweigh these potential impacts. All that CEQA requires is that the City disclose it has these impacts, that it considered alternatives, and that it evaluated the impacts, which he believed the City has done so. He said the EIR follows all of the CEQA requirements, allowing Council to take action this evening. Mr. Stendell pointed out that there was a memo prepared that was handed out to Council prior to the meeting this evening. It references five comments received in the last 36 to 24 hours relating to minor technicalities. It doesn't stop the Council from taking action, stating staff has prepared an action to each specific comment. If the City Council has any questions related to individual comments, staff is happy to answer them. He reiterated staff is recommending several minor changes to the document referenced through the memo, which he would like incorporated into the record with this project. Councilman Jonathan said there were a number of recommendations that came out of the Planning Commission, one specifically dealing with the undergrounding of utility lines, which he felt was consistent with the work done by the Undergrounding Committee and by the action that Council took last year, stating that undergrounding was a City goal and was committing some funds toward moving that process forward. He asked if staff concurred with the wording and recommendation of the Planning Commission with regard to undergounding. Mr. Stendell said absolutely, adding he was embarrassed that staff didn't pick up on that issue, because undergrounding was on a concurrent track of the General Plan. Mayor Spiegel declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Mayor Pro Tem Harnik made the following suggestions on the General Plan Update: • The document needs to include the phrase "flexibility of use," which allows for flexibility of use in the Westfield Mall. Mr. Stendell responded there is language in the Plan about flexibility and reuse of 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 commercial/retail centers; nothing specific to Westfield, but believed it would be covered. • When talking about transportation, the document should refer to "transportation modalities," so that it can cover NEV, EV, or whatever other mode that might pop up in the future. • She would like to see more pictures throughout the University Specific Plan and General Plan Update, not necessarily replacing existing ones, but more of them that celebrate successes of Palm Desert. The following are changes recommended by the Planning Commission that Mayor Pro Tem Harnik addressed: Chapter 3 • 5.5 - Chanaina retail format. Including the wording "diversity of uses" is sufficient, because it's inclusive. Therefore, the current language is excellent. • 6.6 - Seniors and the disabled. She suggested not adding this section as recommended by the Planning Commission, because ADA requirements are always respected and followed. Secondly, throughout the document, ADA is laced with references such as "for all ages and capabilities." However, when referring to parking and traffic flow, the document should address the need for the increase use of transportation such as Uber, IYft and/or autonomous vehicles for drop off and pick up areas. Chapter 4 • 3.2 - Prioritizina Improvements. She suggested not adding the extra text recommended by the Planning Commission, stating it wasn't needed. Chapter 9 • Page 133 - There is nothing in the overview that talks about storm water and flood control. Considering what Palm Desert went through a couple of years ago with flooding and the lawsuits that have come up in the cities of Indian Wells and La Quinta, it's an issue that must be addressed. Language needs to be included in the overview portion, stating `Assess and address all public storm water infrastructures to minimize and prevent flooding throughout Palm Desert." • Goal 5 - The subtitle needs to read, "A City with high quality telecommunications and utility services." She said this goal references utilities, so why not add "utilities" to the subtitle. • 5.1 - The suggestion is to add this item and to have it read: "During construction of streets, pathways, transportation corridors, etc., and when feasible, conduit for fiber shall be undergrounded." Mayor Pro Tem Harnik said it would be less expensive to install conduit for fiber 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 when making major transportation corridor improvements rather than going back at a later time. • 5.3 Unobtrusive utility lines. She suggested deleting "Major streets," and instead insert "Utility lines on streets and roadways shall be designed, sited, and retrofitted to assure minimal environmental and visual impacts, and general safety and environmental hazards." • She recommended adding this new section because it fits in with the utilities as follows: Section 5.4 - Underaroundina: Continue assistance in formation of assessment districts to facilitate complete community undergrounding of all utility distribution lines. Mayor Pro Tem Harnik offered to provide a typed copy of her suggestions to staff. She said it was important to know that the State sets forth the General Plan as a living document. Therefore, it can be updated and refined, stating the law encourages annual reviews of implemented actions and recommends a thorough examination every five years. Councilman Jonathan thanked staff, specifically Director of Community Development Ryan Stendell and Principal Planner Eric Ceja, including the consultants. He was pleased to have gone through this process, because the document lays out a roadmap and vision for Palm Desert, stating it will make implementation much easier and hopefully give the City a better chance of success. Also, he was pleased to have been part of the Envision Palm Desert process, which started all this. There were over 100 citizens that participated in a ground -up process of planning the vision of the future for Palm Desert. It started with a blank piece of paper that asked the questions of what the committee envisioned for Palm Desert 20 years from now. The committee answered the questions, and here today, staff and Council are continuing that process. He said it was such an inclusive process and it's one of the many things that makes Palm Desert so special. As far as the document itself, many of his concerns were addressed. However, on the undergrounding, he thinks that is so important to the combined goals that it needs to be segregated into a separate goal. He's happy with the language proposed by the Planning Commission as set forth in the memo of October 27, and whether that should be Goal 8 or Section 5.4 in Chapter 9 he would be fine with it. One thing he likes about it, rather than getting into the weeds of saying this is how we plan to do it with the expanded use of the current process, the City is about to hire a consultant that will help the Council figure out the best way to accomplish undergrounding. The wording in the document basically restates the goal already set by Council, which is to underground all utility lines. He added there are major lines on major streets, so he wouldn't want the phrase "major streets" excluded from the document. Other than the changes already discussed that flowed through from the memo of November 10, which he would support, he would add the specific wording on the undergrounding of utilities wherever staff saw fit. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 Councilman Tanner noted he too was part of the Palm Desert Committee that went through a 15-month process of going through each part of this complex General Plan Update. He added the consultants did an incredible job, he learned a lot about creating, and thanked staff and everyone that went through the process, stating it was a worthwhile effort. Councilman Tanner moved to waive further reading and: 1) Adopt Resolution No. 2016 - 86, certifying the Environmental Impact Report (EIR) prepared for the General Plan Update, the University Neighborhood Specific Plan, and the One Eleven Development Code (SCH 2O15081020); and adoption of environmental findings pursuant to the California Environmental Quality Act (CEQA), a Statement of Overriding Considerations, and a Mitigation Monitoring Reporting Program; 2) adopt Resolution No. 2016 - 87, approving a comprehensive update to the City's General Plan (Case No. GPA/EA 16-261); 3) pass Ordinance No. 1312 to second reading, approving the University Neighborhood Specific Plan (Case No. ZOA/CZ 16-262); 4) pass Ordinance No. 1313 to second reading, approving the One Eleven Development Code (Case No. ZOA/CZ 16-263), subject to such language added in the memo provided by staff and the conceptual suggestions made by Mayor Pro Tem Harnik and Councilman Jonathan conditioned upon such modifications as in the language in place of those comments as deemed appropriate by Director of Community Development to incorporate them in the final document, including the undergrounding provision as a specific goal. 5-0 (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). Councilmember Weber thanked the consultants, because everyone is pleased with the results. She acknowledged that in the audience was former Planning Commissioner Ken Stendell and his wife. She expressed Council's appreciation for their son Director of Community Development Ryan Stendell. Mayor Spiegel questioned if this item could be approved this evening given all the questions and suggestions made. Mr. Stendell said he personally didn't hear anything that was substantive enough to hold off. Councilmember Weber seconded the motion. Mayor Pro Tem Harnik pointed out that she and Councilman Tanner represented the Council on the General Plan Update, including two Planning Commissioners, stating they even went on field trips to Lancaster to look at concepts. She added that the consultants as facilitators did an amazing job, and it was a great experience. Mayor Spiegel called for the vote and the motion carried by a 5-0 vote. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 Councilman Tanner commented that the Council was reassured that this would be completed in the next five years. Mr. Stendell concurred. Ms. Aylaian thanked Consultants David Sargent, Matt Burris, and Mark Teague and Planning Commissioners Nancy De Luna and John Greenwood, for their participation in the General Plan. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer's Meeting Summaries Report for the Period of October 17-28, 2016. With City Council concurrence, the Meeting Summaries Report was received and filed. B. CITY ATTORNEY Mr. Hargreaves noted the Country had an election that had dramatic impacts nationally, but there were also local impacts. With a couple of Councilmembers being sworn in on December 8 when the election is certified, as of today, Councilmembers-Elect are subject to the Brown Act. Therefore, in dealing with each other, Councilmembers need to be mindful of not having any Brown Act violations by having substantive conversations with more than one Councilmembers either directly or serially. Also, congratulations to the City, as the voters approved Measure T, the Transient Occupancy Tax Increase, which will become effective upon certification on December 8. At that time, staff will bring forward to the Council a resolution for implementation on January 1. Finally, Adult Medical Marijuana Use has been approved by the voters, and Palm Desert already has in place regulations sufficient to deal with any issues. At least for a year, at this point, all that's going to be allowed is adult usage in private homes with the right to cultivate indoors/outdoors. He said staff will monitor that situation going forward, but he believed the City was well covered in that aspect. C. CITY CLERK None D. PUBLIC SAFETY 1. Fire Department None 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 2. Police Department Lt. Baur introduced Deputy Travis Lloyd who is the newest motor officer in the Palm Desert Police Department; he recently filled the position that was left vacant by an injured officer. Deputy Lloyd has nine years of experience with about 160 hours of traffic enforcement experience. He recently attended the Motorcycle Academy, which is about 80 hours and it's very demanding, adding that it wasn't uncommon for officers to drop out and not make it. Therefore, Deputy Lloyd passing and making it through the Academy was an accomplishment. Mr. Lloyd stated he has been at the Palm Desert Station for nine years, and it was a pleasure to work for a great City, adding that the Station receives a lot of support from the Council and they feel it and appreciate it. Mayor and Councilmembers welcomed Deputy Lloyd. E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Susan Marie Weber's Meetina Summaries Report for the Period of October 10-23, 2016. With City Council concurrence, the Meeting Summaries were received and filed. - Councilmember Weber thanked City Clerk staff for working with the multitude's amount of voters that came into City Hall during this last election to answer questions and assist with their ballots. She said staff was gracious, polite, and patient with the many questions asked of them, stating it was truly service above and beyond. Also, she and Stephen Aryan attended an Earthquake Preparedness in Coachella, so she's anxious to bring that information back to the City, because they learned a lot of things. She said most workshops pertain to individual preparedness for earthquakes, but this one was focused on the cities preparedness. She wants to bring the information on the workshops to Palm Desert, so that the public can attend them as well. 2. Council Requests for Action/Committee Reports/Comments: a) Councilman Sabbv Jonathan Reports/Comments: - Street Event at Westfield - He thanked staff for the great success of the Event, which kicks off the First Weekend series. He said it was bigger, better, and more fun. The Greek food truck was amazing, stating it was such an alternative type of event for young people and families. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 - Palm Desert Ball Fields - He thanked Director of Public Works for the beautiful carpet of green grass, stating the fields look in such great shape. Mr. Greenwood said Landscape Inspector Brad Chuck should get the credit for that work. - General Plan Update Forum - He thanked Community Development Director Ryan Stendell and staff for putting on the public forum on the General Plan Update. He said one reason there wasn't a mass of people this evening is because staff reached out to the public in many ways, and the forum was part of it. It was well attended and very successful. b) Mavor Pro Tem Jan C. Harnik Request for Action: - ARC Village Development/Allied Affordable Housing - She requested an update on the project, stating the Council was feeling a little lost with not knowing if they received financing for that affordable housing project. Ms. Moore said ARC Village was not successful in their first round on the tax credit, and they were intending to come to the January meeting to provide the Council with that update. Ms. Aylaian added that staff will provide the Council with a written memo. c) Mavor Pro Tem Jan C. Harnik Reports/Comments: - Prevention of Sexual Harrassment Training - She said this was a new training that will be required of all Councilmembers. - Passenger Rail Service - At the last meeting, she mentioned that the train service that will be provided for the Indio Festivals will only be available for one of the three-day concert events. Riverside County Transportation Commission will be working with LOSSAN, Amtrak, Union Pacific Railroad, CalTrans Division of Rail, MSRC, Golden Voice, Valley Music Travel, and the City of Indio. She said all these entities are working together to make sure they get that demonstration train to Indio and everyone is looking forward to seeing it. - Fairfield Inn (Highway 111) - She reported that progress was finally being made on the construction of the hotel. d) Councilman Van Tanner Reports/Comments: - Veteran's Appreciation Dav - Civic Center Park - The event starts at 11:00 a.m. He encouraged everyone to come out and say thanks to the veterans, making the comment that veterans from the Vietnam War were not thanked until way too late. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2016 - Conaratulations to newly elected Councilmembers - He congratulated Gina Nestande and Kathleen Kelly and Incumbent Councilmember Weber, stating they will all be sworn in on December 8, and he wished them all the best of luck, adding that he loved Palm Desert and he wasn't going anywhere. Mayor Spiegel also congratulated those newly elected members of the City Council, stating he will be going out while they are being sworn in. e) Mayor Robert A. Spieael Reauest for Action: - Citv's Policy on Mariivana - He asked staff to look at the City's policy on marijuana and how the new law contradicts it. - Short/Term Rentals - He said the City has been talking about short/term rentals for a long time yet it doesn't have a policy, and there are problems with them in Palm Desert. 3. Council Consideration of Travel Requests and Reports:, None XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 5:55 p.m. ATTEST: RA CF9 L D. Y CLERK CITY OF PALM DESERT, CALIFORNIA /lam ROBERTA. SPYOR 29