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HomeMy WebLinkAbout2016-10-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 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 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 Bo Chen, City Engineer Dan Talbot, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Anthony Baur, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Sgt. David Adams, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite Nos. 100, 106, and 108 Palm Desert, CA Negotiating Parties: Agency: Lauri Aylaian/Janet M. Moore/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 2) Property: APN 627-071-065 (San Antonio Circle) - Alessandro West Corridor Negotiating Parties: Agency: Lauri Aylaian/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert Property Owner: Michael Castelli Under Negotiation: x Price x Terms of Payment B. 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 at 3:02 p.m. He reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member Ismael Haile VII. INVOCATION - Mayor Pro Tem Jan C. Harnik 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 VIII. ORAL COMMUNICATIONS - B MS. JESSICA ENDERS stated she was before the Council on behalf of Dr. Joel Kinnamon who was unable to attend this evening, but sent his sincere regards to the Council. She represents Friends of College of the Desert Vote Yes on Measure CC, an initiative on the November 8 General Election. She said the Measure will benefit the College, local students, the economy, and the future of the Coachella Valley. She shared that COD was a success story in that in 1962, when they first opened classes with 16 students, it is now the fastest growing community college in the State of California serving more than 14,000 students annually. However, with that success, they have outgrown their facilities and are over crowded. Measure CC is a ballot initiative that will upgrade and expand COD throughout the entire Valley by building on decades of success. Measure CC will provide high -quality education required to prepare students for today's workforce. With more than 120,000 alumni's, it's not surprising that more than 80% of them choose to live and work here in the Coachella Valley. She said the Measure will help create community centered educational facilities throughout the Valley, so that students no longer have to leave the area to obtain higher education. It will also help modernize existing classrooms, infrastructure, and create new science and technology Tabs, train local nurses, fire fighters, police officers, hospitality professions, mechanics, technicians, and dozens of other workers. It will also help strengthen veterans' programs and facilities and prepare them for higher working careers. One of the most important aspects of Measure CC is that all funds will be used locally, and they can't be taken by Sacramento or diverted for other State projects or used for administrators salaries. Measure CC has a strict oversight committee with transparency and safeguards to ensure that funds benefit students and the local economy. She thanked Councilmembers Harnik and Tanner for their leadership and support of the Measure, stating it's supported by other key community leaders like Supervisor Benoit, including current and past mayors and councilmembers across the entire Coachella Valley. During this election, she asked the Council to help spread the word and vote YES on Measure CC. To learn more about the measure one can visit www.votevesonmeasurecc.com. She noted this was the only measure on the ballot that affects the entire Coachella Valley. MR. ROB BALLEW, Executive Director, Family YMCA of the Desert, Palm Desert, presented a two -minute video of the Y-Be-Fit Palm Desert Triathlon and thanked the City for being a sponsor. He said the event had 1,551 people of all ages participating, including a gentleman that was 90 years old that ran the 5K. Another event coming up is the YMCA 29th Annual Hoedown on November 5, stating the event helps fund YMCA programs. He added that this Saturday (Oct. 29) Councilman Tanner will be assisting in giving away 50 bicycles to children who have never had a bike. He said the preschool is doing wonderful things and they had a fabulous summer. Lastly, he thanked the City Council for always being supportive. Mayor Spiegel thanked Mr. Ballew for everything he does for the YMCA. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING NOVEMBER 17, 2016, AS "WORLD PANCREATIC CANCER DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Pro Tem Harnik presented the proclamation to Mr. Dagoverto Valdez, a representative of the World Pancreatic Cancer Coalition (WPCC). Mr. Valdez thanked the Council for the proclamation, stating he was affected by cancer when his mother passed away four years ago. He retired from the military a few months ago, moved to the Valley, and is now an advocate for spreading awareness of pancreatic cancer. He works with the Orange County affiliation, which is the closest affiliation to the Coachella Valley, where he participates and volunteers his time. He hopes to make a difference here in the Valley, stating he has gone to all the cities and he's had a good response. He encouraged everyone to wear purple on November 17 to spread awareness of this deadly disease that affects many people. B. PRESENTATION OF 2016 PALM DESERT "MINI -MUSTER" ARTWORK AWARDS. On behalf of the entire City Council, Mayor Pro Tem Harnik presented the Artwork Award Certificates to the following 3rd Grade students: - Amaya D'Souza, James Carter Elementary - Cidni Hordista, Gerald Ford Elementary - Karen Garcia, Abraham Lincoln Elementary - Elijah Walker, Ronald Reagan Elementary - LeeLa Fayssoux, George Washington Charter Elementary Historical Society Mini -Muster Committee Chair Mike Lewis thanked everyone involved, including all the 3rd graders that make the Mini -Muster Program work. The program has been going on for 24 years along with the City proclaiming the month of October to be Fire Prevention Month. He noted more than 13,000 children have been through the program where the Fire Department offers hands-on field activities and Sparky shows up for the event. Mr. Lewis presented a recognition plaque to Riverside County Fire Department Station No. 33 and Station No. 55 representatives and thanked them for volunteering their time. He also presented a recognition plague to Mayor Spiegel on behalf of the City for its continued support of the program. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 Mayor Spiegel graciously accepted the plaque, and congratulated everyone involved with the program. Firefighter -Paramedic Damion Sainez thanked all the kids that showed up to receive their certificate, stating he knew all of them and was glad they had an opportunity to learn about fire prevention while having a good time. He said these 3rd graders were very fortunate to have such a program, because there weren't events like Mini -Muster at the schools he attended growing up. He thanked the parents and teachers who worked with him behind the scenes, and to the Historical Society for guiding him, because it was his first year working on this Event. Mayor Pro Tem Harnik noted that Desert Sands Unified School District Board Member Wendy Jonathan was in the audience showing her support. Fire Chief Talbot stated this program would be impossible without the partnership between the District, Historical Society, and the City. He said firefighters' work hard for the program, adding that his daughter's friend tells him that the best day of school she ever had was Mini -Muster Day. C. PRESENTATION TO RECOGNIZE STUDENT ARTISTS FROM ABRAHAM LINCOLN ELEMENTARY SCHOOL WHO CREATED DESIGNS FOR THE TRAFFIC SIGNAL CABINETS AT THE INTERSECTION OF PORTOLA AVENUE AND MAGNESIA FALLS DRIVE. On behalf of the entire City Council, Mayor Pro Tem Harnik presented the Certificate of Recognition to the following students: - Elizabeth Archuleta - Liliana Arres - Arlene Chavez - Ashley Cortes - Aaliyah Franco - Ari Juarez - Oscar Lopez - Megan Moore - Jade Narango - Jonquil Noye - Jazmin Olivas - Mario Olivas - Nicole Olivas - Genesis Perez - David Soto Santos - Valerie Valencia - Delilah Vasquez - Savannah Valdez Management Analyst Deborah Glickman stated that as part of the Public Art Program, they like to engage students as much as possible in public art projects. A year ago the City made a call for artists to create artwork for the traffic signal cabinet at the corner of Portola Avenue and Magnesia Falls, which is right next to Abraham Lincoln School. The City was lucky enough to have Ms. Susan Smith Evans selected for the project. She was asked to go into the school and work with the students, and she went above and 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 beyond as seen by the number of students she worked with on this project. She noted the City has worked with high school students in the past, but this was the first traffic signal cabinet where the artist translated the work into a digital design and the cabinet was wrapped with vinyl. She encouraged everyone to go by and take a look at it, and thanked all the students for their work. She introduced Ms. Susan Smith Evans, the artist selected to work on this project. Ms. Evans shared that the kids were amazingly creative, stating she supplied them with reference photos of desert animals and they went with it. She said they came up with creative ideas of books that the animals would be reading. She thanked the City Council and the Art In Public Places Commission for supporting this project, which shows just how important the Arts are in Palm Desert. She thanked School Principal Maryalice Owings from Lincoln Elementary School, Teacher Gabrielle Jackson, and Library Tech Debra Garcia for their contribution to the success of the project. D. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER ISMAEL HAILE. Mr. Haile reported that on October 1, Youth Committee members volunteered to help with the Relay for Life event, and on October 2, they participated in the Y-Be-Fit Color Run. Their next event is this coming weekend where they will be helping at the VIP Section for the Golf Cart Parade. E. REQUEST FOR APPOINTMENT OF ALEX AHLUWALIA TO THE HOTEL AND SIGNATURE EVENTS COMMITTEE TO FILL THE UNEXPIRED TERM OF RALPH SCATENA (DECEMBER 31, 2018). Mayor Spiegel noted that Mr. Alex Ahluwalia is the General Manager at Marriott Desert Springs. Councilman Tanner moved to, by Minute Motion, appoint Mr. Alex Ahluwalia of the JW Marriott Desert Springs Resort to the Hotel and Signature Events Committee, filling the unexpired term of Ralph Scatena (December 31, 2018). Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 13, 2016. Rec: Approve as presented. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 9/30/2016, 10/5/2016, and 10/7/2016. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 10/7/2016 and 10/14/2016 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Palms Cafe of Palm Desert, 44150 Town Center Way, Suite B5, Palm Desert. Rec: Receive and file. E. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of June, July, and August 2016 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of June 28, 2016. 2. Hotel and Signature Events Committee Meetings of June 1 and August 3, 2016. Rec: Receive and file. G. REQUEST FOR DECLARATION of Surplus Property and for Disposal Authorization — Miscellaneous Electronics and Office Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as appropriate. H. RESOLUTION NO. 2016-82 - 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 - Single-family Grading Permits from 2003 to October 21, 2006 (Exhibit "A"). Rec: Waive further reading and adopt. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 I. REQUEST FOR APPROVAL of One -Year Lease Agreement Between City of Palm Desert and Christopher's Clubhouse to Lease Office Space Nos. 4 and 7 at the Portola Community Center, 45480 Portola Avenue (Contract No. C35840). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. J. REQUEST FOR AUTHORIZATION to Award Contract to MMJ Construction, Inc., in an Amount Not to Exceed $34,873 to Replace Two (2) Air Conditioning Units at the Desert Willow Golf Resort (Contract No. C35850). Rec: By Minute Motion: 1) Accept withdrawal of bid from Johnson Controls, Inc.; 2) authorize Mayor to award and execute subject contract with MMJ Construction, Inc., Temecula, California, to replace two (2) air conditioning units at the Desert Willow Golf Resort Clubhouse in an amount not to exceed $34,873; 3) declare existing two air conditioners as surplus and authorize their disposal — funds are available in Account No. 4414195-4809200. K. REQUEST FOR APPROVAL of Change Order No. 1 and for Acceptance of Work for Contract for Construction of the Free Right Turn Lane at Fred Waring Drive and Highway 111 (Contract No. C28800E, Project No. 658-08) (All American Asphalt, Corona, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 for a decrease of $16,930.45 in contract price and a 12-day contract time extension for subject contract; 2) authorize Mayor to execute Change Order No. 1; 3) 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. C35080 — 2016 Slurry Seal Project (Project No. 751-16) (Roy Allan Slurry Seal, Inc., Santa Fe Springs, CA). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 M. REQUEST FOR AUTHORIZATION to Utilize a Mounted Posse for Additional Patrol of Westfield Palm Desert Mall During the 2016 Holiday Season. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. N. REQUEST FOR AUTHORIZATION to Implement and Fund the 2016 "Shop With a Cop" Program in the Amount of $2,380. Rec: By Minute Motion, approve participation in the 2016 "Shop With a Cop" Program in the amount of $2,380 — funds for Palm Desert's contribution are available within the Police Department Budget Contingency Account. O. REQUEST FOR APPROVAL of an Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for Desert Theatreworks, to Allow the Sale and Consumption of Alcohol at The Joslyn Center's Arthur Newman Theatre, 73750 Catalina Way. Rec: By Minute Motion: 1) Approve exception to P.D.M.C. Sect. 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for Desert Theatreworks, to allow the sale and consumption of alcoholic beverages at the listed productions at The Joslyn Center's Arthur Newman Theatre, located at 73750 Catalina Way; 2) as a condition of approval, require Desert Theatreworks to submit proof of liquor liability coverage, including naming City of Palm Desert as an additional insured party to such coverage; 3) authorize City Manager, or her designee, to sign the Daily License Application from the California Department of Alcoholic Beverage Control for these events. Ms. Aylaian requested Item M be removed for separate consideration, Mayor Pro Tem Harnik requested Item I, and Councilman Jonathan requested Item L. Upon motion by Harnik, second by Jonathan, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the remainder of the Consent Calendar was approved as presented. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 XI. CONSENT ITEMS HELD OVER I. REQUEST FOR APPROVAL of One -Year Lease Agreement Between City of Palm Desert and Christopher's Clubhouse to Lease Office Space Nos. 4 and 7 at the Portola Community Center, 45480 Portola Avenue (Contract No. C35840). Mayor Pro Tem Harnik said she pulled this item because she sees that Mika Moulton, who started Christopher's Clubhouse, was in the audience. She said they participated at Leadership Coachella Valley where they talked about personal and public safety. It's a great organization and thanked her for being located in Palm Desert. Mayor Pro Tem Harnik moved to, by Minute Motion, authorize Mayor to execute a one-year Lease Agreement between the City of Palm Desert and Christopher's Clubhouse to lease Office Space Nos. 4 and 7 at the Portola Community Center commencing November 1, 2016. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35080 — 2016 Slurry Seal Project (Project No. 751-16) (Roy Allan Slurry Seal, Inc., Santa Fe Springs, CA). Councilman Jonathan thanked Mr. Greenwood and staff for overseeing the contract and slurry sealing so much of the City. He said when one drives into a city and the streets are bad, you feel like you're not in a very nice place. And when you drive into a city like Palm Desert where streets are freshly slurry sealed, it puts out a statement that it's a fine city that takes pride in its community. He said staff would tell you otherwise, in that their primary purpose is to protect the streets and integrity of the material, but that's certainly a highly desirable outcome. Secondly, he dealt with one or two citizen concerns with regard to slurry sealing, but Mr. Greenwood put his mind at ease when he pointed out that the City slurry seals more than 7 million square feet of pavement. Therefore, out of all that, there were only two concerns that are being address and will be easily resolved. Again, he thanked staff for a job well done. Councilman Tanner moved to, by Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 M. REQUEST FOR AUTHORIZATION to Utilize a Mounted Posse for Additional Patrol of Westfield Palm Desert Mall During the 2016 Holiday Season. Mr. Aryan noted that he requested the City Manager to pull this item for further discussion. He said the Public Safety Commission is in favor of approval, but they made a recommendation to see if the patrol posse could come for one or two additional weekends. Staff reached out to them and they agreed to come for an additional weekend. Therefore, this item is for approval of three weekends prior to Christmas; the weekends of December 3, 10, and 17. The mounted posse will be at the Westfield Mall from 11:00 a.m. to 5:00 p.m. The donation amount will go up to $1,500, which is a $500 increase. Staff recommended approval of the amended motion. Mayor Spiegel said it worked out well last year. Mr. Aryan concurred, stating it's a great public relations opportunity for the police and citizens, as they are very noticeable and have a high presence in the mall, which helps deter crime. Further responding, he confirmed there were no reportable incidents last year. Councilmember Weber added that the Commission was very impressed them. Councilmember Weber moved to, by Minute Motion: 1) Authorize the Palm Desert Police Department to utilize Riverside County Sheriffs Mounted Posse (Cabazon Station) during 2016 Holiday Season to patrol the Westfield Palm Desert Mall for three weekends; 2)authorize donation of $1,500 from the SLESF Cal COPS Account, No. 2294210-4391400, to fund a Mounted Posse Patrol as part of the 2016 Holiday Theft Suppression Program. Councilman Jonathan seconded the motion. Councilman Jonathan stated the other thing he learned, by attending the Public Safety Commission meeting, is that the posse is comprised of volunteers. He said the volunteers come on their own time and they spend it on horseback protecting Palm Desert businesses and citizens, stating he didn't know that, but he thinks it's just wonderful. Mayor Spiegel called for the vote and it carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XII. RESOLUTIONS None 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 XIII. ORDINANCES A. For Introduction: 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. Management Analyst Deborah Glickman stated this item was brought to the City from Coachella Valley Association of Governments (CVAG), and it's going to all the cities throughout the Coachella Valley as well. It was reviewed by the Sustainability Committee and they were all in favor of it. She said this is a one -hour online course for landscape companies. Companies will need to show proof of taking the course before a business license is issued. Other than staff checking to see that they have taken the class, there is no additional cost to the City. The program is being funded between Coachella Valley Water District (CVWD) and College of the Desert (COD). For people that don't have a computer available to them, there will be classrooms at COD where they can take the course. Councilman Jonathan shared the Sustainability Committee had some concerns about the effectiveness of the application. Specifically, what will happen is that one person will take the course and then take the information to the boots on the ground, who are then suppose to learn what they're to do in terms of controlling the timers and so forth. He understood it's challenging, so he accepts the report and recommendation of staff. However, he wondered if the effectiveness could be monitored in the next year to see if the education is translating down to those actually doing the work. Ms. Glickman responded she would be happy to work with CVAG, stating Katie Barrows was in the audience hearing the request, so she will make sure to work with her to see what results they get. Councilman Tanner added that several years ago in the insurance industry, contractors were required to also educate themselves. As a result of that, he believes the errors in construction went down substantially. Therefore, when were talking about boots on the ground, hopefully they are sending the superintendent for the training so he can then educate. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 Councilman Jonathan moved to waive further reading and pass Ordinance No. 1309 to second reading. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 2. 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 stated the California Building Standards Commission is charged with California Building Standards law to administer process relating to the adoption, approval, publication, and implementation of the California Building Codes. These building codes serve as the basis for the design and constructions of all buildings in the State of California. The Ordinance before the Council is the start of the formal local process for adoption of the 2016 Edition of the California Building Codes. The Building Standards Commission has adopted the 2016 Edition with the effective date of July 1, 2016. Palm Desert, along with every other city and county in the State, must adopt these new codes with the effective date of January 1, 2017. The State also allows local jurisdictions to make amendments to the California Building Codes, however, they must be justified with local climatic, geological, topographical, or environmental conditions. He said these findings must be filed with the Building Standards Commission and the Department of Housing and Community Development before the amendments can become effective. Over the years Palm Desert has had local amendments, and these amendments are recommended and included within the adoption of the local codes. Staff has made contact with both the Building Industry Association (BIA) and Desert Valley Builders Association (DVBA) and provided them with a copy of the proposed Ordinance. To date, staff has not heard any opposition. Councilman Jonathan said he read what staff is supplementing the City's Building Code with, but he didn't understand whether it was changing the building codes or standards in any significant manner. Mr. Grance explained that staff was modifying the Administrative Section of Chapter 1 as it relates to work that is exempt from permits and anything related with fees. There are many fees that are associated or noted in the various codes where staff struck it out and inserted language that is a resolution. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 Councilman Tanner congratulated Mr. Grance for including this item of $12,000 in the Budget, adding that the City didn't have any choice but to adopt as required by the State. Councilman Tanner moved to waive further reading and pass Ordinance No. 1310 to second reading. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO S-2 SEALING AND STRIPING IN THE AMOUNT OF $69,705 FOR CONSTRUCTION OF THE 2017 PARKING LOT MAINTENANCE PROJECT (CONTRACT NO. C35690, PROJECT NO. 750-16). Mr. Greenwood noted this was the City's annual parking lot maintenance program. There is a map of locations on the back of the staff report, adding that the vendor was a small business in Palm Desert. Councilman Tanner moved to, by Minute Motion: 1) Award subject contract for Construction of the 2017 Parking Lot Maintenance Project to S-2 Sealing and Striping, Palm Desert, California, in the amount of $69,705; 2) authorize Director of Finance to set aside a 10% contingency in the amount of $6,971; 3) authorize Mayor to execute said agreement —funding is available in Account No. 2314313-4332000 - New Construction Tax Parking Lot Maintenance, and in Account No. 4414195-4332000 - Desert Willow Street Maintenance. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). B. REQUEST FOR AUTHORIZATION FOR PALM DESERT POLICE DEPARTMENT TO PARTICIPATE IN THE POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAMS (P.A.C.T.) PROGRAM FOR FISCAL YEAR 2016-2017. Mr. Aryan said this item was related to Palm Desert's continued participation in East -PACT (Post -Release Accountability and Compliance Teams). It will mitigate the impact of public safety realignment under AB109 through a patrol deputy's direct supervision of post release inmates within the community. Since the time the report was drafted, he has a better number on the amount of grant funding the City should expect for its participation, which will result in a savings of approximately $178,000. In this fiscal year's police budget, as a program, it pays for approximately 70% of a patrol 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 deputy's salary and benefits. The City will receive these funds directly, and staff recommended continued participation in the program. Councilman Jonathan moved to, by Minute Motion: 1) Approve Palm Desert Police Department's participation in the Post -Release Accountability and Compliance Teams (P.A.C.T.) Program for FY 2016-2017; 2) appropriate $200,000 from the Public Safety Police Grant Fund and budget estimated revenues in same amount. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). C. REQUEST FOR ACCEPTANCE OF CAL COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING (SLESF) FOR FISCAL YEAR 2016- 2017. Mr. Aryan explained that each year the City of Palm Desert is eligible to receive approximately $100,000 in Cal COPS Supplemental Law Enforcement Services Funds. The purpose of Cal COPS is to provide funds to local governments for underwriting projects to reduce crime and improve public safety. Staff is asking Council to appropriate existing and anticipated funds to exclusively help pay for front line police services in accordance with the written plan outlined by the Chief of Police. The Plan is included in the staff report, which calls for 40% of the $100,000 to fund the City's annual Holiday Theft Suppression Program with the remaining 60% balance to go toward services, supplies, and equipment. Councilmember Weber moved to, by Minute Motion, approve the Cal COPS Supplemental Law Enforcement Services Funding (SLESF) Expenditure Plan, as provided by the Chief of Police, for expenditure of a $100,000 grant award to cover costs for the 2016 Holiday Theft Suppression Program and miscellaneous equipment, services, and supplies to support front-line law enforcement. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A TEMPORARY ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION NOS. 25.56.040, 25.56.050, 25.56.080, AND 25.34.080, ALLOWING 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). Associate Planner Kevin Swartz stated that based on the recommendations from the Planning Commission, the El Paseo Merchants Association (EPMA), and 63 business owners on El Paseo, staff is recommending a temporary zoning modification to allow businesses on El Paseo year-round pedestal signs and balloons no more than 40 days a year. The current ordinance states businesses on El Paseo can have signs from June 1 to October 1 between the early morning hours before 10:00 a.m., and the maximum sign area is three square feet, which allows an A -frame and a pedestal. The proposed changes will allow pedestal signs, but A -frames will no longer be permitted. However, if a business or building has an excess of 25 feet of lineal frontage, they could have a larger sign up to a maximum of 22 inches wide by 28 inches high. Also, signs may include the word "open," advertising the business with artwork such as a model, product, logo, business name, and promotional text, but they may not include the word "sale." Signs also have to be out of the right-of-way, and they have to be professionally designed, fabricated, and well maintained. Now with regards to helium balloons, they will be allowed for no more than 40 days on a Temporary Use Permit (TUP); each business would have to apply for a TUP at City Hall. The size of the balloons cannot be more than 18 inches in diameter. Initially, the Merchants requested having five balloons, but the maximum number allowed is three as recommended by the Planning Commission, which staff is in favor. He said each balloon may not impede into the sidewalk or blow into pedestrians. Additionally, the business owners must agree not to release the balloons into the air. If the City receives complaints about the balloons from more than two independent sources, the Director of Community Development may revoke that TUP. Based on the Planning Commission's recommendation, staff is recommending a one-year trial program allowing the business, property owners, and customers to assess the aesthetics of El Paseo and provide feedback to staff. After the trial period ending December 31, 2017, staff will present the feedback to the City Council for future direction. Staff recommended Council waive further reading and pass the Ordinance to second reading. Councilmember Weber inquired about the 40 days. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 Mr. Swartz replied that the 40 days may or may not be consecutive, stating the permit would specify which days. Further responding, he confirmed staff would monitor the TUP. Mayor Pro Tem Harnik said she noticed that 81 % of the businesses were in favor of allowing helium balloons on a limited basis, but requesting that "limited basis" be defined. She felt a one-year trial is a good idea, because good information can be obtained for it. She asked staff if businesses were able to apply for a TUP online, because her concern is that the City is asking business owners to take time out of their day to obtain a TUP every time they want to use balloons. Mr. Swartz replied that a TUP can be mailed in, and if a business knew they were doing a monthly sale, they can indicate that in their application. Mayor Pro Tem Harnik said what if the City has an event like it did with the Swing `N Hop, which nobody knew was going to occur. She questioned if a business owner was suppose to run down to City Hall to fill out a TUP, because that would be a tremendous waste of their time to go back and forth in order to obtain a TUP, instead of allowing them to generate sales tax revenue for Palm Desert. However, if business owners could get that TUP online, then that would be great. Additionally, Item K(e) in the staff report should include that the maximum size of the balloon is 18 inches in diameter, making it more clear. Mayor Spiegel declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. MS. CHRISTINE STEIN, Leeds & Son Jewelers, approached the Council stating she was representing Mr. Terry Weiner and other merchants on El Paseo. She urged the Council to vote yes to pass this trial program to allow businesses on El Paseo to display pedestal signs year-round and balloons on a limited basis. She said her family's business has been in the Coachella Valley for 70 years. They are a fine jewelry store who understands luxury and retail, stating they are aggressive advertisers, not only for their business but for El Paseo and the City of Palm Desert. This topic of signs and balloons came up last March when a City official came into their store with two armed police officers to write them up with an official citation for their sign and balloons. This was on a busy retail day when they had customers in the store, needless to say, it was embarrassing and absolutely ridiculous. She understands City staff was just doing their job, but maybe not the best approach. Leeds & Son and Merchants on El Paseo have found that having signage in front of the store benefits a business, because it's a marketing tool; it shows there is something exciting going on. Unfortunately, there is still almost 20% vacancy on El Paseo between Portola Avenue and Highway 74; the Merchants are asking for Council's help. Having tasteful signage in 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 front of stores is a very common practice in luxury retail, and they take luxury very seriously. The EPMA created and distributed a survey to the businesses on El Paseo. The results of the survey showed 85% of the businesses are in favor of having pedestrian oriented signs, and 77% of them are in favor of having signs year-round. In addition to that, 81 % of the businesses were in favor of having balloons year-round. By passing this Ordinances, it didn't mean that 80% of the businesses are going to have signs and balloons up year-round, so that one image that showed signage clutter is not going to happen year-round. She said businesses will choose when they need to promote certain events and keep it presentable. She thanked the Council for their consideration of the proposed Ordinance, and to please vote yes to empower the El Paseo Merchants. Mayor Spiegel asked Ms. Stein if she really thought balloons helped sales. MS. STEIN said yes, stating it was fun and it shows that there is something exciting going on at that business. She said Palm Desert was a great City that has events like the Swing `N Hops, and the BAM Event is coming up. She reiterated balloons were fun and people like them. With no further testimony offered, Mayor Spiegel declared the public hearing closed. Councilman Jonathan said he agreed with Mayor Pro Tem Harnik that ministerial acts like the TUP, business permits, etc., should absolutely be online, and believed an IT consultant was hired to go through that process, and it will be a reality at City Hall soon. He appreciates Ms. Stein's comments, stating Leeds & Son is the kind of business the Council wants in Palm Desert and on El Paseo. He said they have been a wonderful partner and a participating member of the community. However, he's really disturbed to hear that Ms. Stein had that particular experience with the citation, because he knew Code Enforcement is usually all about how they can help merchants comply with the rules. It sounds like a mistake was made and he apologized to her for it happening. With regard to the clutter of signage, he had expressed concerns about it, but he likes the idea of moving forward with the one-year trial period. He's persuaded by the comments from Ms. Stein and the Merchants on El Paseo, stating the Council needs to listen to their voice, which he believed they were doing, but signage clutter is a concern. He suspects that if El Paseo ends up being a clutter of signage, the Merchants won't be in favor and together they will look for a Plan B. He said he could get behind the one-year trial period and hope for success. Mayor Pro Tem Harnik was in agreement that the clutter of signage was totally unacceptable. And the issue with Code Enforcement, the City had an Ordinance in place that caused them to go in and make a citation. Therefore, the Council wants to give Code an Ordinance that doesn't cause them to do that. What is more important, is how the City was going to 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 accommodate the merchants so that they don't have to come to City Hall 40 times a year to get a TUP, because she didn't know how soon the TUP process will be online. Mayor Spiegel said the Council needs to talk to the City Manager to ensure businesses can obtain permits online, stating the City has been trying to provide online services for 10 years. Mayor Pro Tem Harnik said she sees that process moving now, but doesn't want it to be another eight months, because during those eight months, business owners will have to come to City Hall for approval to have balloons. Councilmember Weber commented she likes signs and agrees that if the El Paseo Merchants are not satisfied with what they see, the Council will definitely hear about it. Therefore, she was in favor of a trial period. Councilman Tanner noted he was once a member of the El Paseo Business Improvement District, but unfortunately, he had to pull out. He said this was a discussion that has gone on for quite some time, and it's a topic that wasn't taken lightly, but unanimously, it was decided that it should be done. Councilman Tanner moved to waive further reading and pass Ordinance No. 1311 to second reading, temporarily amending Palm Desert Municipal Code Section Nos. 25.56.040, 25.56.050, 25.56.080, and 25.34.080, to allow businesses within the El Paseo Overlay District year-round pedestal signs and the use of balloons up to 40 days per year until December 31, 2017. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager's Meeting Summaries Report for the Period of October 3-14, 2016. Ms. Aylaian reminded the Council that this Sunday, October 30 at noon, is the Palm Desert Golf Cart Parade, stating everyone will be amazed and overcome with spookiness by the golf cart entered by City staff. Also, on Monday, October 31, there will be costume folks around City Hall, they will be getting together at noon where there will be judging of the costumes and festivities for all. She invited the Council to stop by. With City Council concurrence, the City Manager Meeting Summaries were received and filed. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of Upcoming City Council Study Session - Other Post -Employment Benefits/GASB, Thursday, November 10, 2016, at 2:00 p.m. - Administrative Conference Room. Ms. Klassen called attention to the upcoming City Council Study Session, and Councilmembers so noted. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department Assistant Chief Baur stated that December 3, 2016, is the Shop with the Cop Event at Walmart. E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Susan Marie Weber's Meeting Summaries Report for the Period of September 26 - October 9, 2016. With City Council concurrence, Susan Marie Weber's Meeting Summaries Report was received and filed. 2. Council Requests for Action/Committee Reports/Comments: a) Councilman Sabbv Jonathan Reports/Comments: - Rov's Desert Resource Center - He said the Center is managed by Jewish Family Services and the contract ends June 30, 2017, adding that they have elected not to continue with it because they have been funding a deficit, and it was unlikely another vendor would be found. He was hesitant to share details, because at this point, it was still in motion. However, there will be a change to Roy's Center in one shape or another, perhaps location, etc.; he will provide the Council with more information as it develops. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 b) Mayor Pro Tem Jan C. Harnik Reports/Comments: - Millennial Proiect and Genesis Grand Opening - She shared that she and other Councilmembers attended the ribbon cutting, adding that the project will be a real asset to that area of the City. - Funeral Services for Palm Springs Police Officers Gil Vega and Lesley Zerebnv - She said many of the Councilmembers attended the services in Palm Springs. - Proposition 64 - Mariivana Legalization - Mayor Pro Tem Harnik and Councilmember Weber had two meetings with Police, Code, and Planning in anticipation of the results of the election for Proposition 64. - Riverside County Transportation Commission (RCTC) - She attended the RCTC Meeting for Budget and Implementation. The Mobile Source Air Pollution Reduction Review Committee is moving forward with the Major Events Center Transportation Program, which will provide funds to provide passenger rail service to the 2017 Coachella Valley Music and Arts Festival and the Stagecoach Country Music Festival. They are moving rapidly on it because they want that option to be available when tickets go on sale. She said there are many partners involved, including Golden Voice, as they will be providing a shuttle bus from the train to the festivals. They will be using the old Indio Train Station. c) Councilman Van Tanner Reports/Comments: - 2016 Southern California Energy Water and Green Living Summit - He attended the symposium this morning, stating there were great ideas shared by the speakers, and there may be opportunities to help residents reduce their cost of power. d) Mayor Robert A. Spiegel Reports/Comments: - Sunline Transit - He reported that Sunline was giving Palm Desert three new covered bus stops. He asked staff to take a look at current bus stops that are frequently used that may need a cover, stating the City may cover the cost to have them done as well. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2016 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 5:08 p ATTEST: RAr ELLE D. KLASSEN, TY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIN L, YoR 22