HomeMy WebLinkAbout2016-09-22MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 22, 2016
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Pro Tem Harnik 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
Absent:
Mayor Robert A. Spiegel
Also Present:
Justin McCarthy, Interim City Manager
Robert W. Hargreaves, City Attorney
William L. Strausz, Successor Agency Counsel
Rudy P. Acosta, Assistant City Manager
Rachelle D. Klassen, City Clerk
Russell Grance, Director of Building & Safety
Ryan Stendell, Director of Community Development
Martin Alvarez, Director of Economic Development
Janet M. Moore, Director of Finance/City Treasurer
Lori Carney, Director of Human Resources
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
Bo Chen, City Engineer
Stephen Y. Aryan, Risk Manager
Dan Talbot, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Eric Cadden, ESC, County of Riverside Emergency Management Department
David W. Teets, Chief, Palm Desert Police/Riverside Co. Sheriffs Department
Anthony Baur, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department
Grace L. Mendoza, Deputy City Clerk
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APN 627-071-065 (San Antonio Circle) - Alessandro West
Corridor
Negotiating Parties:
Agency: Justin McCarthy/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 Govemment Code Section 54956.9(d)(2):
1) LIABILITY CLAIMS:
a) Claim Against the City (#772) by Anne L. Salerno.
b) Claim Against the City (#776A) by Steven Marks.
c) Claim Against the City (#776B) by Laura Vento.
With City Council concurrence, Mayor Pro Tem Hamik adjourned the meeting to Closed
Session of the City Council at 3:01 p.m. He reconvened the meeting at 4:00 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
Vice Chair Tacie Johnson
VII. INVOCATION - Councilman Sabby Jonathan
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
VIII. ORAL COMMUNICATIONS - B
MS. STACEY GRABBE, President of the Palm Desert Charter Middle School
Parent Teacher Organization, thanked the Council forthe grant they received
last year, stating they are the only middle school in the City, so receiving it
was not taken lightly. They worked with Maureen from Coachella Valley
Water District to put together a field trip where the students went all over the
Valley and had an incredible experience, which they couldn't have afforded
without the grant. She went on to say that at the direction of the
administration, they sought a Palm Desert location to hold their upcoming
fund-raising gala, and she is happy to announce that it will be held at Desert
Willow Golf Resort on November 5, 2016. Additionally, the District's Teacher
of Year Band Director Willard Lacro from PDCMS will be honored that
evening. She thanked the Council forthe grant and everything they do forthe
school.
Councilman Jonathan commented the Council will once again be splitting
their evening on Saturday, November 5 between the Palm Desert Charter
Middle School event and the YMCA 29th Annual Hoedown, which is always
held the first Saturday in November.
Mayor Pro Tem Harnik announced that there will be a Candidate's Forum on
October 13, 2016, for the people that will represent education in the City.
She encouraged everyone to attend, stating it was important to know who
the candidates are that will be helping the City and youth in education,
adding that more information was to follow.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY,
SEPTEMBER 22, 2016, AS "DEPUTY CHRIS TRUEBLOOD DAY" IN THE
CITY OF PALM DESERT.
On behalf of the entire City Council, Mayor Pro Tem Harnik presented the
proclamation to Deputy Chris Trueblood who assisted a family that was in a
dire situation, and he was able to help this family return home safely with a
positive experience.
Deputy Trueblood stated he didn't feel he did anything different from what
thousands of law enforcement officers across the Country did every day. He
said it was an honor to work in Palm Desert, because it was a great City, and
he expressed his appreciation for the recognition.
Mayor Pro Tem Harnik said Deputy Trueblood's words were wonderful, but
his actions spoke loudly.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
Councilman Jonathan stated that in his invocation he mentioned Palm
Desert was a community and a wonderful City, and Deputy Trueblood was
representative of what he was talking about.
B. PRESENTATION OF PROCLAMATION DECLARING SEPTEMBER 2016
AS "NATIONAL PREPAREDNESS MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the entire City Council, Mayor Pro Tem Hamik presented the
proclamation to Emergency Services Coordinator Eric Cadden, representing
the County of Riverside Emergency Management Department.
Mr. Cadden said it was an honor to work and serve the City of Palm Desert.
He expressed the importance of being prepared for a disaster, stating fire,
law, and EMS personnel will be in the mist, but time and time again, as seen
through Hurricane Katrina and the Northridge Earthquake, first responders
are overwhelmed almost immediately and resources are tied up. He said it
was important for residents to have enough food and water for at least a
week, adding that the City of Palm Desert offered a free CERT (Community
Emergency Response Team) training class. In fact, one was starting on
Monday, and there are several throughout the County. The class teaches
residents how to be prepared for a disaster and how to do search and rescue
in a building, and concluding the training with a disaster scenario.
C. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 9-15,
2016, AS "FIRE PREVENTION WEEK" IN THE CITY OF PALM DESERT.
On behalf of the entire City Council, Mayor Pro Tem Harnik presented the
proclamation to Division Chief Dan Talbot with Riverside County Fire
Department/Cal Fire.
Chief Talbot stated that without a doubt, detectors saved lives. He said
smoke detectors need to be changed every ten years and batteries to be
checked twice a year. The fire environment in structures has changed
dramatically in the last 30 years, stating fires have gotten larger and faster
due to significant amounts of synthetic materials, which has changed how
house fires burn. Therefore, having working smoke detectors gives a family
a chance to get out of the house. Additionally, designate an area where
family members come together and wait there for first responders to show
up, and if there's no one else to help, don't go back in a burning house.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
D. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 2016 AS
"FIRE PREVENTION AND MINI -MUSTER MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the entire City Council, Mayor Pro Tem Harnik presented the
proclamation to Division Chief Dan Talbot with Riverside County Fire
Department/Cal Fire.
Chief Talbot said he loved the Mini -Muster because it was an opportunity to
go to every elementary school in the City and reach every 3rd grader. Every
year they instruct 700 students on multiple methods in fire prevention, exit
drills in the home, and allow them to have fun. He said they couldn't do it
without the support of the City and the District, and the Historical Society,
which actually started the program. As noted in the proclamation, Mini
Muster is in its 24th year of holding this event, and he invited the Council to
come out to the schools and observe the interaction with the kids.
Ms. Jan Holmlund stated the Program has trained more than 14,000 children
in safety and how to work and live in this community. She thanked the
Council for the wonderful invocation, because a lot of people, public and
private, have made the Program work, including Station 33, Jean Benson,
Ed Mullins, Ed Foote, and a number of other people that have contributed to
its success. She said 14,000 children know what to do with their families in
an emergency, stating they are called Ambassadors of Safety. The Historical
Society took this on as a community project and it's been adopted by the City
of Palm Desert, who also provides awards to school children about the Art
Program. She said Mini -Muster was basically a small adaption of what the
firefighters do to learn their training, and the children do it in a field exercise,
and they just love it. The children receive a certificate for their effort, and
when that's over, 90% of them agree to be Ambassadors of Safety to their
neighborhood. She thanked the Council for their participation in the Mini -
Muster and the Art Program.
E. PRESENTATION BY TACIE JOHNSON TO PROVIDE AN UPDATE OF
PALM DESERT YOUTH COMMITTEE ACTIVITIES.
Ms. Johnson stated the Youth Committee is a great part of the City of Palm
Desert, because it gives youth an opportunity to contribute to making the City
better for everyone. She reported the Committee restarted their meetings for
the school year on September 12, and the next one is on October 10.
Membership is 15, but they currently only have 12 seats filled. The
Committee will be participating in the following three upcoming events:
Relay for Life - October 1, from 6:00 to 8:00 a.m.; Y Be Fit Challenge -
October 2; and Golf Cart Parade - October 30.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 8, 2016.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 8/26/2016, 8/31/2016, and 9/9/2016.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 8/26/2016 and 9/2/2016 (Joint Consideration with the
Palm Desert Housing Authority).
Rec: Approve as presented.
D. CLAIM AGAINST THE CITY (#7721 by Anne L. Salerno in the Amount of
$67,500.
Rec: By Minute Motion, reject the Claim and direct City Clerk to so notify
the Claimant.
E. CLAIM AGAINST THE CITY (#776A) by Steven Marks in an Unspecified
Amount.
Rec: By Minute Motion, reject the Claim and direct City Clerk to so notify
the Claimant.
F. CLAIM AGAINST THE CITY (#776B1 by Laura Vento in an Unspecified
Amount.
Rec: By Minute Motion, reject the Claim and direct City Clerk to so notify
the Claimant.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Paint Sip and
Inspire, 73280 El Paseo, Suite 5, Palm Desert.
Rec: Receive and file.
H. CITIZENS' SUSTAINABILITY COMMITTEE MINUTES for the Meeting of
May 23, 2016.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
I. RESOLUTION NO. 2016-75 - 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
Office of the City Clerk to Rely On the Electronic Record as the Official
Record — Various Record Center Documents as Specified in Section 3
(Exhibit A).
Rec: Waive further reading and adopt.
J. REQUEST FOR APPROVAL of the Selection of Desert Urgent Care as the
Primary Occupational Health Clinic for the City of Palm Desert.
Rec: By Minute Motion, approve selection of Desert Urgent Care as the
primary Occupational Health Clinic for the City of Palm Desert.
K. REQUEST FOR ACCEPTANCE of the California Governor's Office of
Emergency Services' 2016 Emergency Management Performance Grant
Award in the Amount of $12,822.
Rec: By Minute Motion: 1) Accept the FY 2016 Emergency Management
Performance Grant (EMPG) through the California Governor's Office
of Emergency Services (OES) in the amount of $12,822; 2) authorize
City Manager to execute all required grant documentation.
L. REQUEST FOR APPROVAL of Actions Supporting the City's FY 2016 State
Homeland Security Program Grant Application.
Rec: 1) Waive further reading and adopt Resolution No. 2016 - 76,
supporting the City's FY 2016 State Homeland Security Program
(SHSP) Grant Application and authorizing the City Manager to
execute all grant documents; 2) By Minute Motion: a) authorize City
Manager to execute any required grant documentation; b) appropriate
$7,741 from the Unobligated General Fund to Account No. 1104130-
4309000 - City Manager Professional Technical/Other.
M. REQUEST FOR APPROVAL of Agreement with Otocast, LLC, to Produce
a Mobile Audio Guide App in the Amount of $2,250 for the 2017/2018
El Paseo Exhibition (Contract No. C35700).
Rec: By Minute Motion: 1) Approve an agreement with Otocast, LLC, in the
amount of $2,250 for creation of a mobile audio guide for the
2017/2018 El Paseo Exhibition — funds are available in Account
No. 4364650-4309202; 2) authorize staff to finalize negotiation of the
subject contract with Otocast, LLC, and Mayor to execute same,
subject to satisfaction of the City Attorney.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
N. REQUEST FOR APPROVAL of Amendment No. 2 to Contract with
Melissa Morgan Fine Art and Artist Steve Tobin to Extend Loan Period for
the Temporary Exhibition of Steve Tobin's Sculpture Large Steel Root
(Contract No. C32401).
Rec: By Minute Motion: 1) Approve Amendment No. 2 to the subject
contract with Melissa Morgan Fine Art and Artist Steve Tobin to
extend the temporary exhibition of Large Steel Root currently installed
in Civic Center, and authorize Mayor to execute same; 2) authorize
staff to finalize negotiation of subject contract with Melissa Morgan
Fine Art and Steve Tobin and Mayor to execute same, subject to
satisfaction of the City Attorney — there is no additional financial
obligation as a result of this amendment.
Approved 3-0-1 (AYES: Jonathan, Tanner, and Weber; NOES: None;
ABSTAINING: Harnik; ABSENT: Spiegel)
O. REQUEST FOR APPROVAL of the 2016 Holiday Celebration at The
Gardens On El Paseo.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34940 —
Firecliff Golf Course Bunker Renovation Project at Desert Willow Golf Resort
(Earth Sculptures, Inc., Indio, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
Q. REQUEST FOR AUTHORIZATION to Release Maintenance Security for the
Portola Duplex, 45855 Portola Avenue (Toma Stoianovici, Applicant).
Rec: By Minute Motion, authorize the City Clerk to release Maintenance
Security on file for the Portola Duplex Project.
R. REQUEST FOR AUTHORIZATION to Release Maintenance Security for the
Presage Project, 73811 El Paseo (Justin Baldwin, Applicant).
Rec: By Minute Motion, authorize the City Clerk to release Maintenance
Security on file for the Presage Project.
Approved 3-0-1 (AYES: Jonathan, Tanner, and Weber; NOES: None;
ABSTAINING: Harnik; ABSENT: Spiegel).
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
S. REQUEST FOR APPROVAL of Out -of -State Travel for Director of Public
Works to Attend the National Committee on Uniform Traffic Control Devices
Annual Meeting - Arlington, Virginia - January 4-6, 2017.
Rec: By Minute Motion, authorize out-of-state travel for the Director of
Public Works to attend the National Committee on Uniform Traffic
Control Devices Annual Meeting in Arlington, Virginia — January 4-6,
2017 — funds are available in Account No. 1104300-4312000 -
Administration Conference/Seminars/Workshops.
T. INFORMATIONAL REPORT on Department of Alcoholic Beverage Control
Grant Funding for Minor Decoy and Shoulder Tap Programs.
Rec: Receive and file.
Mayor Pro Tem Harnik stated she would be abstaining on Items N and R,
and Councilman Tanner requested Item 0 be removed for separate action
under Section XI, Consents Items Held Over.
Upon a motion by Tanner, second by Weber, and 4-0 vote of the City Council, the
remainder of the Consent Calendar was approved as presented (AYES: Jonathan, Tanner,
Weber, and Harnik; NOES: None; ABSENT: Spiegel).
XI. CONSENT ITEMS HELD OVER
O. REQUEST FOR APPROVAL of the 2016 Holiday Celebration at The
Gardens On El Paseo.
Councilman Tanner stated the only reason he decided to pull this item was
to announce that the Holiday Celebration at The Gardens is something that
is part of the City's Strategic Plan. It's an excellent way to celebrate with
residents and tourists for a small amount of money, adding that if you haven't
been to the downtown El Paseo celebration, you needed to see it because
this year was going to be even better.
Councilman Tanner moved to, by Minute Motion: 1) Approve 2016 Holiday
Celebration at The Gardens On El Paseo on Friday, December 2; 2) approve contract with
Scot Bruce in the amount of $1,550 for live entertainment during the event (Contract No.
C35710A); 3) authorize Mayor to execute Scot Bruce contract; 4) authorize City Manager
to sign Promotional Agreement with The Gardens On El Paseo (Contract No. C35710B);
5) authorize expenditures in an amount not to exceed $9,500 payable to various vendors
from Account No. 1104416-4306101 - City -Produced Events. Motion was seconded by
Weber and carried by a 4-0 vote (AYES: Jonathan, Tanner, Weber, and Harnik; NOES:
None; ABSENT: Spiegel).
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
XII. RESOLUTIONS
A. RESOLUTION NO. 2016 - 77 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING CERTAIN
OFFERS OF DEDICATION WITHIN THE SUBDIVISION MAP OF
PALMA VILLAGE UNIT NOS. 7 AND 11, M.B. 21/16 & 96, RESPECTIVELY,
RIVERSIDE COUNTY RECORDER, UNDER PROVISIONS OF TITLE 7,
DIVISION 2, CHAPTER 4, ARTICLE 3, SECTION 66477.2 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
Mr. Greenwood stated that acceptance of this right-of-way is to facilitate the
Alessandro Alley Project. These maps were offered by the developer to the
County back in 1946. The County at the time, required the developer to offer
the dedications, then they specifically declined the offer, leaving the City in
limbo. The laws have changed significantly since then, and in order to
proceed, the City needs to officially accept the dedications.
Councilman Jonathan moved to waive further reading and adopt Resolution
No. 2016-77. Motion was seconded by Tanner and carried by a 4-0 vote (AYES: Jonathan,
Tanner, Weber, and Hamik; NOES: None; ABSENT: Spiegel).
XIII. ORDINANCES
A. For Introduction:
1. ORDINANCE NO. 1308 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, REVISING
SECTION 2.52.510 OF THE PALM DESERT MUNICIPAL CODE —
POLICY AGAINST HARASSMENT, DISCRIMINATION, AND
RETALIATION.
Ms. Carney stated the proposed Ordinance is a revision of the City's
policy against Harassment, Discrimination, and Retaliation. The City's
personnel regulations were last comprehensively reviewed and
revised in 2004. Therefore, over the course of the next year she will
bring forth to the Council several of these revisions and updates,
stating she will go through the policy's one at a time. In the last ten
years there have been many changes with regards to harassment and
discrimination, and a few key highlights of the changes in this policy
provide a much broader and detail listing of protected classifications.
As an example, current law requires a specific protection on the basis
of being transgender, gender expression, breast feeding, and veteran
status. This policy is based on a model policy received from Liebert,
Cassidy and Whitmore, which is the City's employment law firm. The
proposed Ordinance includes best practices such as plain language,
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
improved structure of the policy, and reference to the City's new
hotline as a complaint method. The complaint procedure in the new
policy is more detailed and specific in order to comply with laws which
were passed in April 2016.
Councilman Tanner said he was happy to hear the revisions will now
be included in the employment manual, and it will go a long way to
giving people that work with the City a good feeling.
Councilman Tanner moved to waive further reading and pass Ordinance No. 1308
to second reading.
Councilman Jonathan added that Ms. Carney has had her hands full
with various things the last few months, and she's done a great job,
which is very much appreciated. He said this was an example of
taking a situation and ending up the better City for it.
Councilman Jonathan seconded the motion and it carried by a 4-0 vote (AYES:
Jonathan, Tanner, Weber, and Harnik; NOES: None; ABSENT: Spiegel).
B. For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN THE CITY OF INDIAN WELLS AND THE COUNTY OF
RIVERSIDE FOR PURCHASE OF A MOBILE EMERGENCY OPERATIONS
CENTER VEHICLE (MEOC) (CONTRACT NO. C35720).
Mr. Aryan noted this item is related to the City's Strategic Plan under Priority
3 of the Public Safety and Emergency Services section, which is to help the
community become more prepared for disasters and public safety
emergencies. Back in March 2016, the Cities of Indian Wells and Palm
Desert entered into an agreement to share the cost of one full-time
equivalent Emergency Services Coordinator whom the Council met earlier
this evening Eric Cadden. Under this contract, the Cities agreed to provide
the Coordinator with a vehicle outfitted for emergency response. This MEOC
is an invaluable resource for Eric. At the last major event, which was at Palm
Desert Country Club back in August 2015, such a vehicle would have been
invaluable to staff that was out there for many days. As part of this
agreement, the Cities have agreed to donate the vehicle to the County of
Riverside for the duration of the contract. The County will be responsible for
maintenance, insurance, and repair of the vehicle.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
Councilmember Weber moved to, by Minute Motion: 1) Approve acquisition of a new
3/4-ton truck and necessary outfitting as a Mobile Emergency Operations Center (MEOC)
in an amount not to exceed $35,000; 2) authorize and direct City Manager to enter into an
MOU with the City of Indian Wells and County of Riverside to equally share costs
associated with the outfitting of an MEOC vehicle with the City of Indian Wells; 3) authorize
donation of vehicle to the County of Riverside to operate and maintain it on behalf of the
Cities of Palm Desert and Indian Wells; 4) appropriate $35,000 from the Unobligated
General Fund for this purpose. Motion was seconded by Tanner.
Mayor Pro Tem Hamik asked where the vehicle will be parked.
Mr. Aryan responded that Mr. Cadden takes it home every night because he
may have to respond at anytime of the day. He said it was part of the
decision to donate the vehicle to the County, because the City's fleet policy
does not allow employees to take vehicles home.
Mayor Pro Tem Harnik called for the vote and the motion carried by a 4-0 vote
(AYES: Jonathan, Tanner, Weber, and Hamik; NOES: None; ABSENT: Spiegel).
B. REQUEST FOR APPROVAL OF THE PURCHASE OF SEVEN (7)
STRYKER POWER -PRO XT GURNEYS IN THE AMOUNT OF $125,607.
Mr. Aryan stated that as part of the 2016-2017 budget, the City Council and
Public Safety Commission approved staffs request to lease these units
directly from Stryker. However, staff recently learned that this program
required a lengthy credit application and insurance requirements. Therefore,
it's in the City's best interest to purchase them directly from Stryker in lieu of
the financing. He said Stryker is not the only company that manufacturers
a power -assisted gumey, so they are not sole source, but the Fire
Department recommends purchasing them from Stryker because it is the
Riverside County Fire Department's standard in all its medic units. A
different gumey brand would require the retrofitting of all the City's
ambulances with new mounting brackets, as well as training for all the
firefighters. He's proud to note that since the City had these gumeys in
2008, not one Palm Desert firefighter has suffered a back injury from
transporting patients. Staff recommended approval of the purchase and
continued use.
Councilman Tanner stated the staff report mentions the life of the gumey is
seven years, questioning if they really lasted that long.
Mr. Aryan answered yes, adding that in the future they plan to phase in the
replacements to avoid having to replace them all at one time. Further
responding, he said staff anticipates replacing the gumeys toward the end
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
of the seven-year cycle, but not all at once. It will be through some type of
replacement plan the Fire Department comes up with.
Councilman Jonathan stated the Stryker units are power assisted, it's
mechanical, and sometimes devices can be completely refurbished rather
than discarded. He asked if staff had looked at that altemative.
Mr. Aryan replied that the current gurneys were out of compliance, which is
the reason for ordering new ones.
Chief Talbot explained that a gumey is a medical device regulated by the
Federal Department of Health, and it has a seven-year life span. The other
concem, for agencies that transport, is there are two major areas for
litigation. One is to properly treat and the other is falls and spills from
gurneys, and if the gumey is out of compliance, the Fire Department owns
the liability. Further responding, he said each gurney has an end date life
span and it's financially onerous to refurbish, adding that those same
regulations apply to many hospitals and their patient transport devices within
the hospital.
Councilman Jonathan pointed out that the request is to purchase seven
gurneys, three of which are reserve units. He questioned if the reserve units
were needed, and of the existing ones, do they get used.
Mr. Aryan replied the gurneys get used quite a bit, especially during the
busier months. He said ambulances can get tied up on calls, and they might
be at the hospitals with patients and have to wait there, which is when a
reserve unit would come into play.
Chief Talbot stated reserve units are also available when the primary unit,
not only the ambulance, but the gumey itself has a mechanical issue.
Mr. Aryan pointed out that the purchase amount includes seven years of
maintenance.
Councilman Tanner moved to by Minute Motion: 1) Approve the purchase of seven
(7) Stryker Power -Pro XT Gurneys in the amount of $125,607; 2) appropriate $125,607 to
the Equipment Replacement Fund, Account No. 5304220-4404000; 3) designate the City's
existing Stryker Gumeys as surplus for trade-in value toward purchase of the new Stryker
Gurneys. Motion was seconded by Weber.
Councilmember Weber stated the Public Safety Commission had also
brought up the question about the warranty and maintenance, which staff
pointed out was part of the recommendation.
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Mayor Pro Tem Harnik called for the vote and the motion carried by a 4-0 vote
(AYES: Jonathan, Tanner, Weber, and Harnik; NOES: None; ABSENT: Spiegel).
C. REQUEST FOR AWARD OF CONTRACT TO WURM'S JANITORIAL
SERVICES, INC., FOR MONTHLY JANITORIAL SERVICES IN THE
AMOUNT OF $67,514.40 FOR THE PALM DESERT POLICE SUBSTATION
AT 73520 FRED WARING DRIVE (CONTRACT NO. C35600).
Mr. Aryan noted the Palm Desert Police Substation at City Hall is leased to
the County of Riverside, stating they utilize the facility as a substation which
houses two critical components, the 911 Communications Dispatch Center
and the Sheriffs Investigation Bureau. One of the responsibilities under the
lease agreement is to provide janitorial services. Since 2011, Wurm's
Janitorial has been providing services without any complaints received from
staff. The Council recently approved a three-month extension, so the
contract is good through October 1. Staff went out to bid and received three
bids, and out of those three bids, Wurm's still came in as the lowest bidder.
Another thing to consider is that Wurm's has gone through all the necessary
Sheriffs background investigation of their staff in that facility.
Councilman Tanner stated he would move to approve because staff was
happy with the service and they were the lowest bidder.
Councilman Tanner moved to, by Minute Motion, award subject contract to Wurm's
Janitorial Services, Inc., Corona, California, for monthly Janitorial Services at the Palm
Desert Police Substation, 73520 Fred Waring Drive, in the amount of $67,514.40, and
authorize the Mayor to execute same — funds are available in Account
No. 5104195-4369500. Motion was seconded by Weber and carried by a 4-0 vote
(AYES: Jonathan, Tanner, Weber, and Harnik; NOES: None; ABSENT: Spiegel).
D. REQUEST FOR APPROVAL OF MARKETING PLAN AND RELATED
MEDIA PLAN FOR FISCAL YEAR 2016-2017.
Tourism & Marketing Manager Thomas Soule said this item was the
proposed Palm Desert Marketing and Media Plan for fiscal year 2016-2017.
He called attention to the revised flow chart that was provided to Council,
which should replace the spreadsheet provided in the agenda packet. The
Plan continues the forward momentum of the City's marketing program with
the goal of increasing the number of visitors to Palm Desert and enticing
them to extend their stays and deepen their engagement with the City. The
Marketing Plan and Media Plan were both unanimously approved by the
Marketing Committee at their Tuesday meeting. He offered to answer
questions.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
Councilman Jonathan stated the Plans looked great, and Council trusts and
has confidence in staff to do a great job. He asked if there was a way to track
measurable results as staff moved through implementation of the Plans, and
whether staff will know what to do more or less of in the future.
Mr. Soule answered yes, stating staff measures on a continuous basis,
especially the digital portion. In the last fiscal year, staff noticed which
pieces worked better and which ones drew people to the website. Staff also
tracked how many people signed up for the Visitor's Guide or asked to be
placed on the email mailing list. He added that staff placed more money
toward the things that were effective and took it away from the things that
didn't seem to work as much. Further responding, he confirmed the proposed
marketing plans reflected those changes, including a few other things staff
wanted to try this year.
Mayor Pro Tem Harnik said she attended that Marketing Committee meeting
and she was impressed with the analytics, adding that Council would have
appreciated the differences in the social media engagement, which were
very obvious. She added that the analytics supported the proposed Plans.
Councilman Jonathan moved to, by Minute Motion: 1) Approve the Marketing Plan
for FY 2016-2017; 2) approve the Media Plan for FY 2016-2017; 3) authorize creation of
a Purchase Order in an amount not to exceed $403,000 for Media Buy expenditures
related to H & L Partners (Contract No. C34641) executing said Media Plan — funds are
available in the FY 2016-2017 Marketing Budget for this purpose. Motion was seconded
byTannerand carried bya 4-0 vote (AYES: Jonathan, Tanner, Weber, and Harnik; NOES:
None; ABSENT: Spiegel).
E. REQUEST FOR AWARD OF CONTRACT TO FG CREATIVE, INC., FOR
EVENT MANAGEMENT SERVICES RELATED TO THE CITY'S
SWING 'N HOPS STREET PARTY TO BE HELD ON EL PASEO ON
SATURDAY, FEBRUARY 4, 2017 (CONTRACT NO. C35510A).
Management Analyst Deborah S. Glickman noted this will be the second
year of the Swing 'N Hops Event. It's a featured event of the City's First
Weekend Event series. Last year this event was well received and it was
planned with FG Creative. This year staff went out for a Request for
Proposals and received one proposal, which was from FG Creative.
Therefore, recommended approval of award of contract with FG Creative,
Inc.
Mayor Pro Tem Harnik agreed it was a great event last year and believed it
will be even better this year.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
Councilmember Weber moved to, by Minute Motion: 1) Award subject contract to
FG Creative, Inc., Palm Desert, Califomia, for Event Management for the Swing `N Hops
Street Party to be held on El Paseo, Saturday, February 4, 2017 — funds are available in
Account No. 1104416-4306101; 2) authorize staff to finalize negotiation of the subject
contract with FG Creative, Inc., and Mayor to execute same, subject to satisfaction of the
City Attorney. Motion was seconded by Tanner and carried by a 4-0 vote (AYES:
Jonathan, Tanner, Weber, and Hamik; NOES: None; ABSENT: Spiegel).
F. REQUEST FOR AUTHORIZATION TO ADVERTISE AND SOLICIT A
REQUEST FOR QUALIFICATIONS/PROPOSALS FOR THE
MAINTENANCE AND OPERATIONS OF THE DESERT WILLOW GOLF
RESORT (CONTRACT NO. C35730).
Mr. Acosta recalled for the Council that at the meeting of December 10,
2015, in the context of the discussion on whether to authorize the option for
an extension on Kemper Sports Management contract, issues and concerns
were raised, one being the last time the City performed a market analysis.
The estimate given at that time was about nine or ten years previously, so
the direction from Council was for City staff to work with Kemper staff to
perform a market analysis. The analysis was completed and presented to
Council at a study session in May 2016. Additionally, Council was
concerned about the last time the City had gone out for an actual Request
for Qualifications/Request for Proposals (RFQ/RFP) for operators at Desert
Willow, because the City has only exercised one operator for twenty years
for the entire existence of Desert Willow. The comment was made to the
broader responsibility the City had to the community when it has these
Tong -term contracts in place. Questions were raised on whether the City was
getting a fair and reasonable price for the services offered, was it getting the
best services, and is there other companies that might be able to perform as
good or better. He said Interim City Manager Justin McCarthy asked if
Council's action included a direction to move forward with the RFQ/RFP,
because he was under the mistaken impression that it was going to be
predicated upon the market analysis presentation that was given in May.
However, a review of the actual minutes indicated that Council did indeed
direct staff to move forward with the development of a RFQ/RFP that would
allow staff to go through the evaluation and review process, make a
recommendation, and have a new recommendation in place for the
2017-2018 year. He said the current extension with Kemper is valid up to
June 30, 2017, and per the current agreement, the City is required to notify
the operator six months in advance of any potential change to the contract
date. Therefore, he scrambled to put a RFQ/RFP together, which is attached
to the staff report. He noted the document is watermarked as draft, because
there are programmatic requirements that might be important elements that
Council may want to employ, which was entirely up to the Council. He noted
Finance staff was available to answer questions on any specifics as well.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
Additionally, he had previously stated the process could take anywhere from
six to eight months, so Council may be wondering why this RFQ/RFP was
truncated to four months. In this particular instance, as opposed to the
original process staff took 21 years ago, he was not suggesting to employ
the site visitation of the individual competitors' properties, which took 31/2 to
four months to visit properties regionally in San Diego County, Orange
County, LA County, Las Vegas, and Arizona. Staff also traveled to Chicago,
Illinois, to review the top two short-list competitors. In this instance, staff is
proposing an aggressive schedule, but keep in mind, this was a RFQ/RFP
process where the most important elements are the specific qualifications of
the firm that the City wants to do business with, and if the operator has a full
understanding of what the project is, what the services are, and how will they
implement the City's vision. He said the City has set the bar very high at
Desert Willow, which has always been an overriding part of the decision
making of how it critiques, reviews, and analyzes, and ultimately whether it
will stay with the current operator or go forward with changes. As having half
his career in the private consulting business, the marketing and
organizational material of the teams it will employ to perform a particular
service to a potential client, those are in order. However, other elements
such as how you maintain a golf course, how you operate food & beverage,
and the operations aspect, are elements that are typical exercises of any
operator in the golf industry. What is unique to Desert Willow, is again, the
higher standards and its location. Desert Willow is a south west location, so
a company that has all of their eggs in the north east basket, has no
experience in the south west with the desert climate conditions, desert bugs,
plant material, etc., which would be a concern to him if that operator and
team didn't have that understanding. He said the City couldn't afford to hire
someone that doesn't have some familiarity with Desert Willow's style of
course. In the staff report he included a timeline for a RFQ/RFP process,
which was doable, and it includes a little bit of slippage time should this
Council be concerned about the tightness of that timeline. He noted Council
had other options available should it wishes to go another direction as well.
He pointed out that with the current operator, the City has utilized the
practice of a 20-mile radius restriction. It was installed as a device to
maintain the focus of that operator on Desert Willow solely. He said there
might be an advantage to removing that restriction; however, it has served
the City well, which is the best argument he could provide for maintaining it.
He didn't want to speak for Kemper Sport, but because of that restriction,
they have passed up a number of opportunities that have come up in the golf
industry in our region. The other two items the City has utilized are the cash
reserve of $500,000, which is a unique aspect of the contract, and the other
is the learning center/academy. Another consideration is that the City
entered into an agreement with an adjacent developer that has those new
homeowners/HOA tied into the golf academy. Also, any corporate cost borne
by the operator, stays with the operator. He said the City is only paying for
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
the staff assigned to operate Desert Willow, site specific. For example, say
personnel from Chicago or northern Califomia properties comes down, they
are not reimbursed by the City.
Councilmember Weber asked if Request for Qualifications was conducted
separately before moving forward with Request for Proposals, because
sometimes you can check to see if people are qualified without actually
having them do a proposal.
Mr. Acosta responded that Councilmember Weber was probably referring to
a pre -qualification process, and the City has done that in the past. However,
he wouldn't recommend doing so in this instance, because he didn't think the
City could legally exclude firms that didn't participate in the pre -qualification
process and ultimately they submit qualifications anyway, and that portion
could be compressed in this process.
MR. TOM WALTON, Yucca Court, Palm Desert, asked for Mr. Acosta to
articulate the benefit for a 20-mile radius non -compete clause, because he
was having a difficult time trying to quantify it. He added that he had
reviewed competitive contracts and compared them to the City's and saw a
tremendous amount money being spent in order to have this particular
non -compete clause.
Mr. Acosta replied that it drives the operator under contract to focus solely
on the City's property.
MR. CORY STEPANEK, Salt Cedar, Palm Desert, thanked Councilmember
Weber for setting up a staff meeting prior to this meeting. He said the staff
report dated June 9, 2016, shows that from 2010 to 2011 the cost per round
was $68.71, and as of 2015, the average cost per round is $108.34, which
is a 60% increase. Secondly, on that same staff report, it states "additional
consideration to justify the increase of the Palm Desert Resident Rate is that
artificially keeping the resident rate far below the cost of golf rounds impacts
the private golf club's ability to attract new members, especially with
residents." He said he didn't realize Palm Desert was in the business of
protecting private clubs as a City, and it should instead be fiscally
responsible to the City and residents.
MR. SCOTT SHERMAN, Newcastle Drive, Palm Desert, stated that Desert
Willow as a golf course itself is a wonderful place, and the staff there is
phenomenal. He and his wife moved to the desert and leased at The Lakes
while they looked for a place to buy, and they purchased a home in Palm
Desert mainly because of the staff at Desert Willow. He didn't know how the
City could make the staff and quality of the entire package any better, stating
he hoped it would remain that way.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
MR. STAN SPERLING, Country Club Drive, Palm Desert, shared he was a
resident of Palm Desert for eight years, a member at large of the Audit,
Investment & Finance Committee of the City of Palm Desert, he's lived in this
Valley for more than 30 years, and 22 of them at the Vintage Club in Indian
Wells where he held a club membership and a seat on the Board as House
Chairman and Vice President. His career in business has been in the motion
picture and casino hotel operations in Tahoe. He's played golf at almost
every golf facility and golf club in the Valley, and he enjoyed their food and
service. And since moving to Palm Desert, he's taken advantage of Desert
Willow's many fine amenities, golf, dining, special events, buffets, brunches,
and the quality and service of the Kemper Sports operation is second to
none, and truly makes Desert Willow a landmark in the Valley. He said
Desert Willow was more competitive against all the similar resorts in the
desert, and the current management knows what their doing; their reputation
and financial numbers show it. He said the lowest bid is not always the best
bid
MR. BRIAN WHITE, Van Gogh Drive, Palm Desert, stated he was in the golf
business and is fortunate to do what he does. In response to Mr. Acosta's
comment about operators being familiar with the desert climate and things
of that nature, he assured the Council there are other companies that can
provide very good service. He said it was a shame the Council had to be
stuck and/or be lead by the City Managers or whoever is involved, in terms
of this contract. He pointed out that on a previous item on the agenda,
Council considered a contract where it had three bids, adding that the
residents of Palm Desert are entitled to have an open bid on such a huge
area of the City. Another thing, he's played at Desert Willow pretty much
throughout the summer and the course is not as good as it should be, stating
the putting greens have not been maintained to what he has seen in the
past.
Councilman Jonathan stated Desert Willow is an important asset, resource,
and revenue generator for the City. He said this evening speakers
mentioned Desert Willow is amazing, Kemper's operation is second to none,
and that it was important to address qualifications and not just the lowest
price. He also heard concerns about the open bid process, which is why this
evening Council was moving forward, not just with an open bid, but with
Request for Qualifications and Request for Proposals. If there is any
concern about the quality of this golf course, the facility, and resort resource
for the residents and visitors, or questions about the continuing quality, he
would say that Kemper has set a very high bar. He said the primary
objective was to not allow that bar to be lowered one iota. If anything, the
City was prepared to raise it, stating the City owed it to the residents to see
if it can get a better job, and if that was possible, perhaps at a lower price,
and this evening Council was considering moving that process forward. He
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
noted he read through the staff report in great detail and appreciated all the
hard work that went into it. However, the following are his concerns: a) he
agreed the timeline was tight, so he suggested staff work with Kemper on the
proper notification. He understood Kemper couldn't just drop everything and
would need a six-month notification, so perhaps the notification period can
be extended to March 31, 2017. If the City notifies Kemper that their
contract is not being extended, they should get six months to wind down their
operation. He agreed the timeline was aggressive, but he didn't want to rush
the job and sacrifice the quality of the process; b) Kemper provides a
$500,000 operating reserve, which meant the City was not out for it;
however, there are pros and cons to this requirement. He didn't want to
prejudge that element, so in going through the RFQ/RFP, the City should not
designate it as a mandatory requirement. Instead, the City should find out
what other companies have to say about it, stating it can be thrown in if they
felt it was valid. Proposers can also say no and give their reasons, and the
Evaluation Committee should then evaluate their responses; c) The 20-mile
geographic restriction also has pros and cons, so he felt bidders should
provide a response as to why it was good or not good for the City and have
them convince the Committee why or why not it would be a benefit to the
City. Therefore, he suggested not having this restriction as part of the
RFQ/RFP, but have the bidders address it, so that the City didn't have its
hands tied; d) the make up of the Evaluation Committee is very important,
stating he liked, for various reason, having the Palm Desert Recreational
Facility Corporation Board represented. However, he personally didn't see
the need to have a member from the Hotel and Signature Events Committee
on it, because Desert Willow was neither a hotel nor signature event. The
Committee includes two Council representatives and he felt his background
lends itself to this type of task, which he would be happy to do. He also
thought Councilman Tanner would be a good choice, because he has served
for two years on the President's Committee and has the background on the
Parks and Recreation Commission, additionally, Mayor Pro Tem Harnik also
has expertise, particularly in the operational and maintenance, including
being knowledgeable on conservation water issues, etc., stating he hoped
she would be available as well.
Councilman Tanner said he appreciated Councilman Jonathan comments,
but he disagreed with eliminating certain elements from the RFQ/RFP. He
also didn't believe that by leaving the restrictions in, it would reduce the
number of proposals it could receive, because if a company is qualified, they
will come in. With regard to the 20-mile radius restriction, he didn't want to
eliminate it, because by doing so, it will invite management companies that
could potentially take play away from Palm Desert to put play at a club they
are managing that is not doing financially well. Additionally, the $500,000
reserve has served the City very well for the past 21 years, because the City
has never had to worry about going into the General Fund to fund Kemper,
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
which is the purpose of the reserve. There have not been many problems
dealing between the City of Palm Desert and Kemper's work at Desert
Willow, so he was not willing to vote in favor of eliminating the $500,000
reserve or the 20-mile radius restriction. However, he was in favor of the
notification extension, because it would give everybody an opportunity to
plan. He said he would move to approve staffs recommendation with the
amendment to provide Kemper an extension to March 31, 2017, providing
a wind -down period in the event the City decides to go a different direction.
Councilman Tanner moved to, by Minute Motion, approve the recommendations,
as amended: 1) Provide Kemper Sports Management an extension of the December 31,
2016, notification deadline to March 31, 2017, and allowing them a six-month wind -down
period in the event their contract is not renewed or extended; 2) advertise and solicit a
Request for Qualifications/Proposals (RFQ/RFP) from qualified golf course management
companies for the Maintenance and Operations of the City's Desert Willow Golf Resort;
3) establish formation of an Evaluation Committee for the purpose of conducting the
interview and evaluation process of the proposals submitted by qualified golf course
operation firms. Motion died for lack of a second.
Responding to question by staff, Councilman Jonathan clarified that his
suggested was to work with Kemper Sports to where they still get six months
to wind down, instead of having until December 31, 2016, to notify them of
a change in the contract for non -renewal of the extension or give the City
until March 31, 2017 to notify them. For example, if the City notifies Kemper
Sport on March 31, they have until September 30 versus June 30 to wind
down their operations.
Councilmember Weber agreed, adding that in the staff report it states,
"Current Desert Willow operations agreement has evolved over the years to
adapt to various changes in the resort..." She said the City has been pouring
money into Desert Willow, and she didn't want to say it was a band -aid,
because that would imply it was broken and it wasn't. However, Desert
Willow has kept changing to go with the changing times without stopping.
Therefore, she agreed everything had to be reviewed. For example, when
discussing the 20-mile radius, she would like to know what today's world
would support or justify that recommendation, because she didn't think a
business would put its reputation at stake just to send a few golfers to their
other little places to play golf. Clearly, in 1997, it was a different world, and
it seems to her, staff should fall back, regroup, and re-evaluate what is the
City's intention for Desert Willow and the food and beverage operations.
She said everything has changed, so extending the notification period gives
the City an opportunity to regroup. She added this was not about Kemper,
because Council was in awe of their work and they have raised the bar
tremendously. She said this was about re-evaluating, and while the Council
had to agree to go out for a RFQ/RFP, it first had to define what it was
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
looking for, because it was not clearly defined yet. Therefore, she would not
second the motion, because she wants to figure out a way to quickly
determined what is the definition of Desert Willow and where does the City
want to see it in the next 20 years, so that someone coming in with an
RFQ/RFP would have an idea of what it had in mind.
Councilman Jonathan said he believed there was a way to accomplish it.
However, he felt Councilman Tanner seemed to have a predisposition in
favor of the $500,000 reserve, which he may or may not disagree, but he
didn't want to tie Council's hand. He wants the bidders to tell the Council
why it is or isn't important to have it, and the same would apply to the 20-mile
radius restriction. He believed the RFQ/RFP can be worded in such a way
it states that these are features the City has had, enjoyed and valued, and
let the bidders respond to it. And to Councilmember Weber's point, they may
enlighten and say it was an evolving situation and those restrictions may not
be needed or actually matter. Also, if the management company is managing
Indio Municipal, not to pick on them, is there really a conflict when they are
two different products. His point is that by the City not binding itself, it leaves
options open, allowing the City to learn and evolve as it moves forward
through the process.
Councilman Tanner explained his reasoning is that this was a bid process or
qualifying process with an Evaluating Committee, which he hoped to be a
part of at Council's request. He believed that if the current elements that
were designed 21 years ago are left in, it would not restrict competition,
because a company can provide a quote proposing 10-mile radius or a
5-mile radius, and the Evaluation Committee will determine if it's a qualified
bidder. He preferred to leave the contract as is with the qualifying elements
as currently structured and accept all qualified companies. He said bidders
respond to an RFQ/RFP to what that company wants to perform for Desert
Willow, and if it doesn't fit what the City is looking for, they can be
disqualified. However, it didn't mean the proposal won't be accepted if they
had good qualifications other than that 20-mile restriction.
Councilman Jonathan replied he didn't think the City would get those bids,
because certain companies would say, oh my God, there's a 20-mile
geographical limitation or that it would have to pony up $500,000, stating the
City would lose that proposal and he wants to see them, not necessarily
accept them. One example is that by not making them mandatory, but stating
in the specifications that these features have been enjoyed and valued in the
past, and then let the bidders respond to include it or not. And if Kemper is
the only one that comes back with a proposal that is willing to continue with
the two elements and no other bidder does, then that might say Kemper is
the choice. However, he didn't want just one bid coming back, based on the
two restrictions. He said Council saw that happen with FG Creative Inc.,
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
where the City went out to bid and it got one response, adding that it would
be an injustice. He rather open it up and have the bidders come back with
whatever they have to offer, so that the City has the control to make that
decision. He wasn't disagreeing with Councilman Tanner, and frankly, he
didn't know where he stood when it came to these two elements, but he
wants to have the opportunity to evaluate them based on what is submitted.
Councilman Tanner said he may agree to pull the 20-mile restriction, but he
refused to eliminate or negotiate on the $$500,000 reserve, because it was
meant to keep the Council from taking money from the General Fund in the
bad times, stating fiscal responsibility was something the Council needed to
think about.
Councilman Jonathan explained he had run the numbers, and in his mind,
there is a possibility that it may be financially beneficial to not have the
$500,000 requirement. In that even if the City was to continue with Kemper
Sport, it may not want to mandate the $500,000 reserve because it's
financially beneficial to look at other alternatives, and he wants to have the
ability to evaluate it. Responding to Mayor Pro Tem Harnik's question on the
language for the RFQ/RFP, he said the communication needs to let bidders
know, particularly with regards to the $500,000 reserve and the 20-mile
restriction, that these are features that in the past have been important and
perceived beneficial to the City. Further, it should ask bidders that if the
features are not included in their proposal, to explain why that is not
detrimental to the City. He would put the burden on the bidder that if they
were not going to include the two elements, they should tell the City why their
company should even be considered. He's not saying the Council should
decide on whether or not to have the two elements, he's just interested in
hearing what bidders have to say.
Councilman Tanner stated he could bet that those cities that are currently
dipping into their general funds, wished they had demanded a reserve just
like Palm Desert did 21 years ago, because it would ensure there would not
be a cash flow issued during the bad times. Again, financially, he didn't know
how the City would benefit by eliminating the reserve requirement, but he
was willing to listen. If the 20-mile radius is eliminated, he would still want it
suggested in the RFQ/RFP, because right now it doesn't worry about how
the courses look. He's willing to amend his motion to pull the 20-mile radius,
but he's not willing to take out the $500,000 reserve, because it would be
fiscally irresponsible.
Councilmember Weber asked for clarification on the $500,000 reserve,
because she thought it was a receivable to the City of Palm Desert from
Desert Willow.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
Ms. Moore explained that it was on Desert Willow's books as cash available.
There was an additional loan made to Desert Willow at one point when the
City shut the course down
Councilmember Weber stated she didn't see that the loan was paid off and
therefore Desert Willow owes the City.
Ms. Moore answered yes.
Councilmember Weber stated that by having the $500,000 restriction when
somebody owes the money, is really not a restriction, which was a moot point
to bring that element as a factor. At this point and time, the City has come
up with Vision Palm Desert, bringing about new ideas for the City, and to
restrict a proposal based on something that took place 21 years ago seemed
last century. She believed the Council needs to come into this century, go
out for proposals, and ask bidders to show Palm Desert exciting things. She
believed it was time for a change, and perhaps Kemper is excited to do so
as well, but were constrained. She reiterated the City needed to fall back,
regroup, and define what it wants for Desert Willow.
Councilman Jonathan pointed out he was prepared to offer an alternative
motion should the current one fail. However, he wants to be clear that the
$500,000 reserve is a cash flow issue, stating the City was still responsible
for any operational deficit or loss should one occur, but it hasn't been the
case. This element was just a cash flow management issue, but when he
looked at the numbers, including the point Councilmember Weber raised, it
doesn't seem to be a particularly advantageous or profitable arrangement,
and by excluding it, the City may gain benefits elsewhere. He hadn't made
up his mind, but he wants to keep all options open and develop a new vision
for Desert Willow based on as many qualified bid operators it can get.
Mayor Pro Tem Harnik noted that Councilman Jonathan wanted to remove
the representative from the Hotel and Signature Events Committee from the
Evaluation Committee and wondered if he had someone else in mind. Also,
she didn't see the number of people that would be on the Evaluation
Committee, asking if it was specified in the staff report.
Mr. Acosta replied it wasn't, but the current President's Committee consists
of the City Manager, Assistant City Manager, Director of Economic
Development, Director of Finance, Director of Public Works, and Senior
Financial Analyst. Additionally, two Councilmembers, a member of the
PDFRC. Also in mind is Phil Smith, who was a member from the original
Desert Willow Steering Committee with more than 30 years of experience
with the Sunrise Company, and is an upstanding citizen in the Valley. The
reason he suggested a member of the Hotel and Signature Events
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
Committee is because there is an individual that manages The Westin
property who might be relevant. It is important to the resort sites that we
continue to bear the high standard it has employed at Desert Willow over the
years, because they use it as a marketing tool for why their properties are
special. And in Tight of the fact that the City has ongoing negotiations with
the resort developer on the other 70 acres, they also use that tool to elevate
the bar on their own respective property. He was open to adding another
member, but all in all, staff is looking at 8 to 10 members on the Evaluation
Committee.
Councilman Jonathan said he was not adamant on that point, and he sees
the sense of what Mr. Acosta was saying, adding that if it was the desire of
the Council he had no problem with it.
Mayor Pro Tem Hamik said Desert Willow labors under a specific tax
designation, and she wants to make sure it's included in the RFQ/RFP,
because bidders need to be familiar with the nuances of that aspect. She
noticed that these discussions have mostly addressed the financials, which
is important to cover because Desert Willow is an economic tool, but Council
doesn't want this to drag on Palm Desert's community members backs.
However, when looking at the golf course, it wasn't just about the books, the
cost, or how much money is generated, but also the fact that recycled water
is used on the course. Using recycled water was another facet to consider,
because of how it affects the course and how the greens grow, including the
microclimates within the course and fairways. She agreed Mr. Smith
certainly has a great deal of understanding of golf, but wondered if the
Evaluation Committee included someone who understood golf course
maintenance. She said the City couldn't afford to select someone who had
a great marketing plan and saved the City a lot of money, yet the course
didn't warrant the high green fee.
Mr. Acosta agreed, stating it was an excellent point. He suggested inviting
a representative from the Hi-Lo Desert Golf Course Superintendents'
Association, stating all the golf course superintendents in the Coachella
Valley are part of that organization, which is how they stay updated regionally
and nationally with all of the trends. He said they share information with
each other on what bugs are affecting their property, etc.
Councilman Jonathan said he was fine with the expansion of the Committee.
In fact, someone currently serving on the Sustainability Committee would
qualify for what staff just described because it's his profession at the Hi-Lo
Desert Golf Course Superintendents' Association. However, he just didn't
know at what committee it will stop at, because there are other aspects that
are just as important.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
Mayor Pro Tem Harnik said she wasn't a believer in that a larger Committee
was necessarily better, but she just didn't see anyone on the Committee
representing golf course maintenance. In the end, if the City saves money
but ends up with a lousy golf course, the City would be in trouble.
Councilman Tanner moved to, by Minute Motion, approve the recommendations,
as amended: 1) Work with Kemper Sports Management to negotiate extension of the
December 31, 2016, notification deadline to March 31, 2017, and allowing them a
six-month wind -down period in the event their contract is not renewed or extended;
2) include the $500,000 reserve in the RFQ/RFP; 3) eliminate the 20-mile restriction
requirement as mandatory from the RFQ/RFP. Motion died for lack of a second.
Councilman Jonathan moved to, by Minute Motion, approve the recommendations
as amended: 1) Provide proper notification to Kemper Sports Management of the City's
intent to release a "Request for Qualifications/Proposals for the Maintenance and
Operations of the Desert Willow Golf Resort," and work with them to negotiate extension
of the December 31, 2016, notification deadline to March 31, 2017, allowing them a
six-month wind -down period in the event their contract is not renewed or extended;
2) advertise and solicit a Request for Qualifications/Proposals (RFQ/RFP) from qualified
golf course management companies for the Maintenance and Operations of the City's
Desert Willow Golf Resort with the following conditions: a) strike the mandatory
requirement for a $500,000 reserve from the RFQ/RFP; b) strike the 20-mile restriction
requirement as mandatory from the RFQ/RFP, with the understanding on items a and b
that it is clear to proposers in submission documents that these are two features that the
City has enjoyed and valued for the past 20 years in its current relationship, and if those
features are not contained within the bidders' proposals to explain why that is to the benefit
of the City; c) operator -proposer to demonstrate that they have familiarity with operating
a municipal golf course that has been financed with tax-exempt financing; 3) establish
formation of an Evaluation Committee for the purpose of conducting the interview and
evaluation process of the proposals submitted by qualified golf course operation firms and
add a representative from the Hi-Lo Desert Golf Course Superintendents' Association to
be part of the Evaluation Committee. Motion was seconded by Weber and carried by a
3-1 vote (AYES: Jonathan, Weber, and Hamik; NOES: Tanner; ABSENT: Spiegel).
Councilman Jonathan moved to, appoint Councilman Sabby Jonathan and
Councilman Van Tanner to serve on the Evaluation Committee for the qualified golf course
management companies for the Maintenance and Operations of the City's Desert Willow
Golf Resort. Motion was seconded by Tanner and the motion carried by a 4-0 vote.
(AYES: Jonathan, Tanner, Weber, and Hamik; NOES: None; ABSENT: Spiegel).
Mayor Pro Tem Hamik stated she agreed with Councilmember Weber that
the City has had tremendous success with Kemper Sports Management,
adding that Desert Willow is a beautiful golf course that is well -maintained
and well -ran. However, Council was doing its due diligence to the tax payers
and the people who flip the bill, which is the reason for going out to bid. In
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
her mind, it has nothing to do with the dissatisfaction with the job that has
been performed by Kemper Sports, stating everyone she knew is always
sharing what a great golf experience they have had at Desert Willow.
G. REQUEST FOR AUTHORIZATION TO INITIATE A ZONING ORDINANCE
AMENDMENT, PROHIBITING COMMERCIAL ANIMAL BREEDING WITHIN
THE CITY.
Mr. Stendell stated that based on ongoing discussions with a local advocacy
group that addressed the Council at the July 28 City Council meeting, the
proposed Ordinance Amendment was before the Council. Of the two items
proposed to staff by this advocacy group, one of them seemed worthy of
bringing forward to the Council for further review. Staff believes that in
looking at the impacts of animal breeding in the City, it might be a worthwhile
exercise to prohibit commercial animal breeding within the City. Other local
jurisdictions have been successfully lobbied, most recently the City of
Coachella who is being asked to make findings such that animal breeding
does add to the local stray population and also can be shown to be
somewhat incompatible zoning due to smell and noise issues. The ultimate
discretion of whether to move forward or not is solely with the City Council.
Staff viewed this as a good opportunity to bring an issue to the Council that
furthers the City's long-standing commitment to animal welfare issues. He
said the City didn't have a current problem, nor active Code complaints of
active breeding, or a licensed breeder in town. Again, this would be a
preemptive effort if the Council so desired. In this case, staff wanted to bring
this concept to the Council's attention and review.
Councilman Tanner asked if there was any indication that Palm Desert has
backyard illegal breeders.
Mr. Stendell replied he wasn't sure, stating that under today's ordinance, it
doesn't speak to whether or not you can breed. If the proposed Ordinance
was in place, it would give Code Compliance the tools necessary if they
found one down the road. Responding to question, he said there might be
a breeder in town, but he didn't know for sure if one existed.
Councilmember Weber inquired as to any complaints with regard to breeding
or smells. Mr. Stendell said there were none.
Councilman Jonathan noted there were already ordinances that would
prohibit animal breeding in someone's backyard, because that would be
operating a business without a license.
Mr. Stendell agreed, stating this issue could be dealt with a couple of
different ways. However, some cities, including Palm Desert, for many years
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have said that by not being listed as approved, it's inherently denied, and it
can be challenged. Approval of the Ordinance Amendment would be taking
it a step further if the City felt there was a risk.
Councilman Jonathan pointed out that the proposed Ordinance was not
limited to backyards, because it was for Commercial Breeding.
Mr. Stendell agreed, which is considered, in his mind an agricultural use, and
Palm Desert doesn't have much opportunity in town for agricultural uses.
Mayor Pro Tem Hamik asked if the City had an Ordinance limiting the
number of animals a person could have. Mr. Stendell said it was four.
Councilman Tanner said that the definition of "Commercial" was breeding
and selling from a home, which he believed was a commercial enterprise.
Whether or not the owner had a license, it would still be considered
commercial.
Mayor Pro Tem Harnik said she had three rescue animals herself, so she
understood the importance of what the Council was doing, but with current
Ordinances in place, what would be achieved by implementing the proposed
Amendment. If the City was saving an animal from any kind of harm, it's
important, but the City has a significant Ordinance in place already.
Mr. Stendell explained it would provide further backing and clarity if there are
issues in the future. However, there are things staff can lean on today.
MS. LISA BLODGETT, La Quinta, California, stated she was before the
Council to speak about the Palm Desert Puppy Store. She said pets sold in
retail puppy stores are likely to be inhumanely treated, claiming there is
abuse that went along with selling pets for profit. Also, mothers are
destroyed once they are no longer able to breed and the gruesome list went
on and on. She said Palm Desert is the only City in the Valley that does not
have a ban against the sale of retail of puppies and cats, and the only City
that has a puppy store, adding that if the City was not interested in such a
ban, it might be interested in whether it had law-abiding business owners.
She said Animal Control has inspected the Palm Desert Puppy Store at her
request, but they should have been doing it for three years, because it's
required every six months. On May 5, 2016, Animal Control did an
unannounced visit to the Puppy Store and found the owner noncompliant,
stating there was no consumer rights information for customers, breeder
information was only being provided to actual buyers not perspective buyers,
and there was no sprinklers or fire alarm system in the building. She said
this owner had live animals living in the building 24/7 for three years, and she
couldn't understand the lack of attention to that fact. She went on to say that
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if no one cared that he had animals there, did anyone care about the
endangering of citizens, buildings, and the whole street of San Pablo.
Animal Control chose not to cite the owner for those violations, but "worked"
with the owner and brought him into compliance. However, the owner did not
stay in compliance and Animal Control was advised, so they made another
visit on July 14 and found him out of compliance on two issues. Animal
Control's report stated, "They conducted an unannounced inspection of the
Pet Store, and the owner was not present. However, he did have a volunteer
and one employee working. Officer noticed one of the animal enclosures did
not have proper posting on it, and when asked, the two workers could not
provide the records of the dogs pursuant to Health and Safety Codes, stating
that they did not know where the owner kept the information. They were
advised of the infractions and were informed that Animal Control Services
would return to the store to address these issues with the store owner,"
which they did on July 20, and the owner was cited. She said everyone has
their own definition of humane and how one would not hurt an animal, but
she knew that having a puppy store in Palm Desert is hurting thousands of
animals.
Mayor Pro Tem Hamik asked staff to keep a paper trail of any citations.
MS. VALERIE MASI, Indio, California, suggested a compromise, because
she knew Council didn't want to shut down a business, which she
understood. However, they know this is a bad business that is doing bad
things, stating Bianca Rae has a stack of complaints of the kinds of things
this owner is doing. One of her suggestions is to pass a ban on the retail
sale of animals, but mainly puppies and kittens, and grandfather this owner
only at the current location. Otherwise, Palm Desert is wide open for this
owner to expand or others to come in, exposing citizens to badly bred
animals. She noted that prior to the meeting, information on puppy mills was
delivered to the Council. It was important to know that backyard breeders
are small puppy mills where they don't vaccinate nor take care of the puppies
and mother. They are not doing what a responsible business owner should
be doing with a product. She said this store owner has a breeder in Palm
Desert, so obviously he's acting illegal. She went on to say that real breeders
find homes for their animal, and they do not send puppies out to stores to be
bought, stating they don't need a puppy broker. She said why would one sell
their puppy for $500 to this owner and he tums around and makes $3,500.
She said if a breeder is going to be doing all the work, paying the vet bills,
taking the proper responsibility when you take care of a mother dog and her
puppies, then that breeder is going to want the full amount, because when
it's done right, it's a very expensive endeavor. When a breeder does it
wrong, it's very cheap, but if affects the community, the shelter, and public
safety. In the past 15 years, dog bites have multiplied by four times, which
happened at the same time puppy mills exploded.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
MS. SUSAN COYLE, Pinyon Pines, Califomia, shared she has been a
volunteer for a rescue animal group since the 1970's. Her property is
licensed to foster dogs until she can get them adopted. She's very familiar
with the big multimillion dollar dog breeding farms located in Califomia and
mostly back East. She said many of those farms can house as many as
6,000 dogs, and they are also called puppy mills. Those dogs live and breed
in cages, and they die in cages. The owner of The Puppy Store is
purchasing those types of puppies. Many of them come into the store, if they
make the long trip or are dead on arrival. She said this owner is selling them
out the door, and he can get up to $6,000 for one puppy. She believes this
owner is aware that some of them are ill or harboring illnesses. Last year
there was a family that paid $2,000 to purchase a puppy from The Puppy
Store, and a day or two later, the puppy had acute diarrhea. After spending
$2,000 at a vet's office and still no resolution, they were able to sell the
puppy to a friend who thought their vet could fix him up. However, after
dumping another $1,000 they decided they couldn't handle it anymore. She
adopts dogs out of local pet stores, and the daughter of this puppy came in
and asked her to take the ill puppy, because they couldn't handle the
problem or the cost. She took the puppy, but after reviewing the paperwork,
she realized she had a puppy mill dog. A quick trip to the vet and a few tests
determined he had severe gastritis, and after changing his diet and putting
him on probiotics, he later became normal. At the end of the month, she was
able to place him into a wonderful home, stating that was a successful story,
but there are dozens of failures in cases like this, including death. The
Puppy Store is a pipeline for puppy mills, and these puppies arrive sick with
diseases, infirmities, etc., and fees can come into the thousands. She urged
the Council to make a resolution to put this owner out of business or have
this owner adopt puppies from the shelters. She noted she had sent the City
Council information on puppy mills.
Mayor Pro Tem Harnik acknowledged receiving and reading the information.
Councilman Jonathan said he appreciated getting input from residents of La
Quinta, Indio, and Pinyon Pines, as it was nice to have them in Palm Desert
and the Council welcomed them. With regard to the City of Palm Desert,
there is one store on San Pablo. In his opinion, it would not only be
irresponsible but actionable to shut down a business that is regulated,
inspected, and not found to be doing anything illegal. He understood people
may have their opinions about what is going on there, but he would
encourage them to work with the appropriate regulators, and if there are
violations, like any business, restaurants, etc., they will be shut down. The
staff report states, "There has not been any evidence produced for the City
by Riverside County Animal Control that the puppies being sold at Palm
Desert Puppy are from puppy mills." In his mind, there is no action that the
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
Council can or should take there. With regard to animal breeding, the last
time he checked, commercial animal breeding, when in compliance with
relevant regulations, is a legal activity. To prohibit a legal activity from taking
place in Palm Desert, inhibits capitalism and a free economy, which for him
was not a good thing. He believed customers create demand and supply,
and if there are people that don't patronize certain stores, including the one
on San Pablo, then the results will speak for themselves. But obviously,
there are customers that come to a different conclusion, and they should be
free to avail themselves of products that are legal. He didn't want to prohibit
something that doesn't exist, stating he felt it was stirring the pot when it
wasn't necessary.
Councilmember Weber concurred, stating she would not be in favor of taking
action at this time. She said she felt the speakers were very sincere and
have a passion for this cause, but in Palm Desert, it tries to educate
everyone. She would like to meet with the speakers one more time to figure
out a platform to educate the shopper so they won't want to buy, but instead
adopt. She said the City currently pays for spaying, adoptions, etc., so it was
already educating people to adopt animals as opposed to shopping forthem.
Councilman Tanner noted staff was recommending a prohibition of
commercial breeding, however, according to staff, there are no commercial
breeders in Palm Desert. Unfortunately, he agreed with Councilman
Jonathan that the Council would be interrupting sales, unless there are
continued problems.
Councilman Tanner moved to, by Minute Motion, direct staff to initiate a Zoning
Ordinance Amendment, prohibiting commercial breeding within the City of Palm Desert.
Motion died for lack of a second.
Councilman Jonathan clarified he did not agree with staffs recommendation
in that there was no need for the proposed Ordinance since the City didn't
have commercial breeders.
Mayor Pro Tem Harnik asked if Code had come across any backyard
breeders in Palm Desert.
Code Compliance Supervisor Pedro Rodriguez said it had not. He will follow
up with Ms. Masi on her concern or her comments about knowing of a Palm
Desert breeder. However, Code has not received any complaints, but if
there was a large operation, Palm Desert citizens are very active, they will
notify Code.
Councilman Jonathan stated that if there is animal breeding in a backyard
and Code is not aware of it, it meant they haven't pulled a business license
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
and therefore operating illegally, so potentially there is an opportunity to shut
them down.
Mr. Rodriguez replied it was something the City wouldn't license or issue a
permit, because Palm Desert didn't have the zoning for it. He added that
Code receives complaints from time to time where someone claims their
neighbor has eight puppies. However, puppies and cats under the ages of
four months are permitted, because the amount of the litter cannot be
controlled when they are born. So when Code investigates those
complaints, they are advised that by the time they tum the age of four
months, they can only have a culmination of four. It could be two cats and
two dogs or whatever culmination as long as it didn't exceed four animals.
Councilman Jonathan said he wanted everyone to understand that if there
is commercial animal breeding in a backyard, which is operating a business
in a residence, it's already prohibited. In other words, the City already has
a mechanism that prohibits backyard animal breeding.
Mr. Rodriguez agreed, stating it falls under the Home Occupation Permit,
which would be something Code would know about.
Mayor Pro Tem Harnik said she would appreciate staff following up with
Ms. Masi and finding out where this issue may exist. However, she couldn't
support staffs recommendation, because there are responsible breeders,
stating that not everybody is irresponsible or creating the dysplasia and the
sick animals. If Palm Desert has a responsible breeder that obtains a permit
for a business and is caring for the animals, she couldn't say the City
wouldn't allow it. As mentioned, people buy pets that are flown across the
country to get a healthy beautiful animal. She went on to say that Palm
Desert won't allow people operating businesses irresponsibly.
Councilman Tanner said he's gotten German Shepherds from people that
bred them out of their house, but one gets the proper paperwork. He asked
if there were any breeders in Palm Desert that had a license.
Mayor Pro Tem Harnik said staff has already said there wasn't. Further
responding, she said if someone chooses to be responsible, caring, and
compassionate toward animals, and breeds them appropriately and correctly,
and it's their business, she didn't think it was something Council should
object to. She understood the puppy mill issue, and it's something the City
had to monitor. Therefore, she asked that staff and Animal Control create
a paper trail in order to be able to do something about it.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
Councilman Tanner stated he believed one could have a puppy mill in the
backyard, and the owners can say they are reselling animals out of their
home and not have a license.
Mayor Pro Tem Harnik said that is considered a resale and it's a business.
Councilman Jonathan moved to, by Minute Motion, directed staff not to take any
action at this time, but for Code to be vigilant and keep a paper trail as warranted. Motion
was seconded by Weber and carried by a 3-1 vote (AYES: Jonathan, Weber, and Harnik;
NOES: Tanner; ABSENT: Spiegel).
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF THE PURCHASE OF GAS AND DIESEL
FUEL FOR THE CITY'S FLEET AND EQUIPMENT, AND FOR DESERT
WILLOW'S MAINTENANCE VEHICLES AND EQUIPMENT FROM BECK
OIL, INC., FOR FISCAL YEAR 2016-2017 IN AN AMOUNT NOT TO
EXCEED $245,000.
Mr. Greenwood noted this item was the routine fuel purchase for the year.
Councilman Tanner moved to, by Minute Motion, approve Purchase of Gas and
Diesel Fuel from Beck Oil, Inc., Coachella, California, for FY 2016-2017 for: 1) City's fleet
and equipment in an amount not to exceed $145,000; 2) Desert Willow Maintenance
Facility in an amount not to exceed $100,000 — funds are available in General Fund
Account No. 1104331-4217000 - Auto Fleet -Supply Automotive Gas and Account
No. 5204195-4803100 - Desert Willow Maintenance Facility. Motion was seconded by
Weber and carried by a 4-0 vote (AYES: Jonathan, Tanner, Weber, and Hamik; NOES:
None; ABSENT: Spiegel).
B. ORDINANCE NO. 1305A - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.50 - MOBILE
HOME PARK RENT REVIEW - SECTION 9.50.040 OF THE PALM DESERT
MUNICIPAL CODE TO REDUCE THE NUMBER OF MEMBERS OF THE RENT
REVIEW BOARD FROM FIVE (5) TO THREE (3).
Ms. Riddle stated that in an effort to continue communications with the park
residents, staff held a second community meeting. One of the main concerns
expressed by the residents was on the Hearing Officer review process. As
an alternative, it was proposed that the City reduce the existing rent review
board from five members to three members. By doing so, it will allow the
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
City to continue to handle rent control matters that might come up, because
currently, if all three members were to be available, there would be a
quorum. However, in contacting the Rent Review Commissioners,
Mr. Adams indicated he may be resigning for health issues. If that were to
occur, staff would not be able to conduct rent control matters, so by reducing
the membership, it addresses the residents' concem about having a City
Manager Hearing Officer review process. Therefore, in order to address
both issues by both parties, the alternate was proposed.
MR. JAMES KIRWAN, Highway 74, Palm Desert, thanked Ms. Riddle and
Mr. Hargreaves for the work they have done in this matter, because the
group felt heard. He said staff took their concerns and consideration and
came up with a solution that addressed the administrative aspect of
continuing the Rent Review Board, and the residents quality of life. It's the
very reason for having five members on the Council, because things that
affect the quality of life, should not be left up to one person. They also
discussed the possibility of recruiting new members for the Board, not only
through the general newspaper, but also targeting service organizations such
as the Rotary Club or Elks Club. He thanked the Council, stating he was
very pleased with the results of this effort on everyone's part.
MS. MARI SCHMIDT, Highway74, Palm Desert, expressed her appreciation
to the Council for reconsidering the demise of the Rent Review Commission.
She said Mr. Hargreaves and staff provided her with a copy of the staff
report, and she likes the framework and is very much in favor of it. She
added that Indian Springs has a Committee that is strong and very vocal
when necessary. One of the members is Jim Kirwan who reviews things
relating to rent control and how it affects them. She has one important
concern relating to the quorum, in that a quorum of two was tantamount to
having a City Manager, because if one person approves and the other
doesn't, they're toast. She believed there should be a quorum of three;
therefore, consideration should be given to having alternates, and they will
help find them. In a City of 75,000 residents, she couldn't believe that three
people couldn't be found. However, she liked the idea of convening and
keeping the existing Commission as long as the members can do it, but she
didn't like giving up on looking for altemates for the existing structure.
Additionally, she questioned if the existing Ordinance that governs rent
review was still intact, because she has several documents that have been
blue -lined, which she believes has not been approved.
Mr. Hargreaves confirmed there have been no changes to the Rent Review
Ordinance for more than 20 years.
MS. SCHMIDT said she was pleased to hear that for now, because it gave
them some protection while they dealt with the changes and upgrades to the
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
Ordinance. Also, the Ordinance that governs them now is over 12 pages,
and in April they received a revised version that was also blue -lined
throughout the entire document, and the proposals before the Council today
was only two pages, so it's confusing. She didn't know if other parks were as
organized as they are, and they will not stop. She said she understood the
Ordinance had to be upgraded, but she wants it to be done right, and not
encourage the park owners to come asking for hardship per capital
improvements. Lastly, to say the Commission hasn't done anything for ten
years is just not true, because they were hit with a $330 a month rent
increase, adding Council may recall that the park owner decided the
residents should pay for the new sewers and streets, etc., and the City was
behind them on that one, and for that they are grateful.
Councilmember Weber asked for clarification on the issue raised about the
quorum.
Mr. Hargreaves replied that typically when there is a board, if there is a
majority, it's a quorum.
Councilman Jonathan added that when the Rent Review Commission meets
it is to consider a hardship rent increase request, and to grant the increase,
it would require a vote of at least two members of the commission whether
two or three are present. Mr. Hargreaves concurred.
Councilman Tanner moved to waive further reading and pass Ordinance No.1305A
to second reading. Motion was seconded by Weber and carried by a 4-0 vote (AYES:
Jonathan, Tanner, Weber, and Hamik; NOES: None; ABSENT: Spiegel).
XVII. PUBLIC HEARINGS
None
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager's Meeting Summaries Report for the Period of
August 29 - September 9, 2016.
With City Council concurrence, the City Manager Meeting Summaries were received
and filed.
B. CITY ATTORNEY
None
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
C. CITY CLERK
None
D. PUBLIC SAFETY
1. Fire Department
None
2. Police Department
Assistant Chief Anthony Baur introduced the newest commander
Palm Deserts Chief of Police David W. Teets.
Chief Teets said he was taking over the helm from Captain Sue
Trevino who recently retired. He shared he was on his 20' year with
the Sheriffs Department, and although he didn't live in the Coachella
Valley, he and his wife spend a lot of time here in the desert. In 2011,
he was promoted to Lieutenant and sent to the Palm Desert Station
where he ran the Patrol Division and Investigations Bureau, and he
was the liaison to the City of Rancho Mirage as well. He eventually
was sent to Sheriffs Administration where he over saw the Media
Bureau, then promoted to Captain to oversee the Indio and Blythe
jails, including the state of the art east county detention center that is
being built in the City of Indio. He's now in Palm Desert where his top
priority is to keep the City safe while providing the best law
enforcement possible.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. Councilmember Susan Marie Weber's Meeting Summaries Report for
the Period of August 28 - September 11, 2016.
With City Council concurrence, the Meeting Summaries were received and
filed.
2. Council Requests for Action/Committee Reports/Comments:
a) Councilman Van G. Tanner Reports/Comments:
- Cal State University, San Bernardino - Palm Desert Graduation - He
said he's attended their past graduations, but last night was special,
because they introduced 150 new freshman students into their
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
program, and even more impressive is that many of them are from the
Coachella Valley.
Mayor Pro Tem Hamik added it was also their 30`h Anniversary in the
Coachella Valley
b) Councilmember Susan Marie Weber Request for Action:
- Aaenda Item Placement - She was wondering if there was a way to
rearrange the agenda, because Council is aware of the issues that will
bring the public out to these meetings, especially when it knows it will
have a crowd. This evening some people had to stay until 6:00 p.m.
and sit through all the business items.
Mr. McCarthy stated the City Council always has the discretion to
move an item up earlier into the agenda.
Ms. Klassen agreed, however, there does have to be some
semblance of order. For instance, "New Business," does indeed
require being new business, and "Old Business" is for items that have
been continued to a date uncertain or something that has been
considered previously and now is back for more consideration. She
said with Council concurrence, an item can be taken out of order.
Councilmember Weber responded she understood, but the last time
she asked this question she was told it couldn't be done, because
people judge their timing based on the fact that it's appearing at the
end as opposed to the beginning, so it would have been nice to have
controversial items appear as A and B on the agenda instead of at the
end.
Ms. Klassen said she realizes that this evening there was quite a
crowd that might have been sitting through some of the other items,
but sometimes it's just the luck of the draw. Some nights the City
doesn't have much business and would have gotten to it by 4:30 p.m.,
but tonight was a larger agenda.
c) Councilman Sabbv Jonathan Reports/Comments:
- CVAG Homelessness Committee - He said the Committee broke up
into three working groups once it defined its mission and developed
an action plan. What the Committee comes up with will affect the
City, and at some point it will be before the Council. He took the
opportunity to thanked Director of Special Programs Frankie Riddle,
37
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2016
Assistant Chief Anthony Baur, and Sgt. Zamora, stating they have all
been diligently attending all the meetings.
Mayor Pro Tem Harnik inquired about the Coffee with a Cop, and
Assistant Chief Baur responded the next event will be held on
Tuesday, September 27, from 8:00 to 10:00 a.m., on Hovley and
Washington Street. The event is posted on Facebook and the Palm
Desert Police web page.
d) Mayor Pro Tem Jan C. Harnik Reports/Comments:
- Coachella Valley Economic Partnership - The Workforce Excellence
component is ready to move onto their own entity. This is the group
that has worked with FAFSA (Free Application for Federal Student
Aid) and helping students with career pathways within the schools and
academies toward their education. The Workforce Excellence has
been incubated by CVEP, and they have done a lot of good and their
success is greatly appreciated. She went on to say CVEP has seen
a tremendous increase in banks and cities referring businesses for
advice and development, and they are helping out. Additionally, the
Conventions and Visitors Bureau had a great August, stating Marriott
had the best attendance ever.
3. Council Consideration of Travel Requests and Reports:
None
XIX. ADJOURNMENT
With City Council concurrence, Mayor Pro Tem Hamik adjoumed the meeting at
6:41 p.m.
ATTEST:
RA ELLt D. KLASSENT ITY CL ' K
CITY OF PALM DESERT, CALIFORNIA
JAN C. HARNIK, MAYOR PRO TEM
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