HomeMy WebLinkAbout2017-12-14MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, DECEMBER 14, 2017
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Harnik called the meeting at 3:02 p.m.
II. ROLL CALL
Present:
Mayor Pro Tem Sabby Jonathan
Councilmember Kathleen Kelly
Councilmember Gina Nestande
Councilmember Susan Marie Weber
Mayor Jan C. Harnik
Also Present:
Lauri Aylaian, City Manager
Robert W. Hargreaves, City Attorney
Grace L. Rocha, Acting City Clerk
Lori Carney, Director of Administrative Services
Russell Grance, Director of Building & Safety
Ryan Stendell, Director of Community Development
Martin Alvarez, Director of Economic Development
Janet M. Moore, Director of Finance/City Treasurer
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
Stephen Y. Aryan, Risk Manager
John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Lt. Coby Webb, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
M. Gloria Sanchez, Acting Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 43705 Kelsey Court (APN 634-241-037-2), Palm Desert
(Desert Rose Development)
Negotiating Parties:
Agency: Lauri Aylaian/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Terri L. McIntyre
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
Number of potential cases: 2
Mr. Hargreaves stated that one of the items in Closed Session he will be
discussing under potential litigation are the potential legal challenges to the
Short -Term Rental Ordinance.
With City Council concurrence, Mayor Harnik adjourned the meeting to Closed
Session of the City Council, Successor Agency, and Housing Authority Board at
3:04 p.m. She reconvened the meeting at 4:02 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Hargreaves reported that direction was given, but no reportable action
was taken.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Councilmember Gina Nestande
VII. INVOCATION - Mayor Jan C. Harnik
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
VIII. AWARDS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION TO RECOGNIZE RETIRED FIRE
CAPTAIN JAMES YAZLOFF FOR HIS LEADERSHIP IN DEVELOPMENT
OF THE "MINI -MUSTER" PROGRAM FOR ALL PALM DESERT 3RD GRADE
STUDENTS IN THE DESERT SANDS UNIFIED SCHOOL DISTRICT.
Mayor Harnik on behalf of the entire City Council presented the proclamation
to Captain James Yazloff.
Captain Yazloff expressed his appreciation for the recognition, crediting the
troops for the work they have done for many years. He added that
Mini -Muster was a great program and has probably saved countless lives.
B. REORGANIZATION OF THE CITY COUNCIL.
1) SELECTION OF MAYOR AND MAYOR PRO-TEMPORE.
Mayor Harnik nominated Sabby Jonathan for Mayor of the City of Palm Desert, and
Susan Marie Weber for Mayor Pro-Tempore of the City of Palm Desert. Motion was
seconded by Kelly and carried by a 5-0 vote.
a) Comments by Outgoing Mayor and Mayor Pro-Tempore.
Former Mayor Pro Tem/now Mayor Jonathan stated he had learned
a lot from former Mayor Harnik, adding that the countless hours,
passion, and understanding she always brought to the table, and the
respect she showed others, is a standard that is inspirational and one
he hoped to follow. He thanked her for all she has done and will
continue to do for the City.
Former Mayor/now Councilmember Harnik shared this past year
included passionate discussions on a number of important issues to
the City, and they have been difficult and challenging, but it all comes
out well, because it included engaged community members. She said
the City welcomes everyone's thoughts and opinions, because they
are needed for the Council to come up with the best solutions. Palm
Desert has an outstanding team and City Council that works together
to seek the best solutions, and although there have been spirited
discussions, it doesn't lose sight that it's making decisions about the
future of the community, children, and grandchildren. She thanked the
team for their guidance, stating she believed Palm Desert had a great
City Manager, City Attorney, and staff, and the results are evident in
the City.
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b) Comments by Newly Selected Mayor and Mayor Pro-Tempore.
Mayor Pro Tem Weber recalled hearing former Mayor Harnik state
that Palm Desert had five individuals serving on the City Council and
each have five different opinions, but at the end of the day, they all
work as a team. It was such a compliment, because it's true, in that
the City Council values each other, the staff, the community, adding
she was pleased to see the community very involved during these
past few months taking part in the City's process. She thanked fellow
Councilmembers for this opportunity to serve as Mayor Pro Tem.
Mayor Jonathan thanked his family, many of which braved the
freeways of Los Angeles to come to Palm Desert to be part of this
moment. He also thanked his office family who was also in
attendance, stating they meant the world to him, including his friends
from "The Happy Hour Club." In the audience, he recognized so
many of his friends, neighbors, and associates with whom he has
developed such a supportive network, which he calls his extended
family. Lastly, he said he had to thank the two special women in his
life, first was his mother, who all day today had been telling everyone
she ran into that her son was going to be the next Mayor of the City
of Palm Desert, and the other was his wife and best friend, Wendy.
He said Wendy has supported him 100% in all his endeavors. He
pointed out that behind the scenes are the 113 City employees and
the 100+ residents that comprise the various
committees/commissions working on behalf of the City. The shaping
of the City is a collaborative process from the bottom up, and whether
it was developing a strategic plan that charts the City's future for the
next twenty years, or addressing specific issues such as cannabis or
short-term rentals, the process always begins with input from the
residents and ends with a decision that builds on it. He's excited
about the future, because the City doesn't just sit back on its success,
it's constantly looking to make things better. The City as a whole, was
already past the planning stages, which took several years, and it was
now in the implementation stage. This coming year, people will see
the transformation of San Pablo, which represents the beginning of
the re -imagination and re -purposing of the City's core, which he liked
to refer to as the Uptown Palm Desert, including the Highway 111
Corridor. With community involvement, the City will build on the
success of the past and take Palm Desert to a whole new level.
Mayor Jonathan called a recess at 4:20 p.m., and he reconvened the meeting at
4:30 p.m.
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C. PRESENTATION TO THE CITY COUNCIL ON THE 2017 "PAINT
EL PASEO PINK" EVENT BY DESERT CANCER FOUNDATION.
MS. SARAH BRYANT, Executive Director with the Cancer Foundation,
congratulated the newly appointed Mayor and Mayor Pro Tem. She noted
the Foundation's Board President Rob Bernheimer and Board Treasurer
Frank Harrison were present. She was excited to share about the success
of their 11'h Annual "Paint El Paseo Pink" event held in the City of Palm
Desert, and the Foundation's impact in 2017. For the benefit of the
audience, she said the Foundation was founded in 1984, a nonprofit
organization dedicated to assisting residents in the Coachella Valley and
surrounding communities who need financial assistance in obtaining
screening, diagnosis, and treatment for cancer and allied diseases. Through
the Suzanne Jackson Breast Cancer Fund and Patient Assistance Program,
they carry out the efforts of their mission. The Program assists uninsured or
under insured patients who cannot afford cancer care through partnerships
with local healthcare community and generosity of its supporters. She
thanked Council and staff for their leadership and support of the Paint El
Paseo Pink event, and applauded the continued efforts to assist with the
community's cancer care needs. The Paint El Paseo Pink event was hosted
on October 14, 2017, at The Gardens on El Paseo. This event inspires,
celebrates, and remembers those affected by cancer, and this year with the
support of the City, they obtained permits to close the street of El Paseo for
the first time in the event's history, which truly changed the dynamic of the
walk, encouraging more than 1,500 attendees, and it raised more than
$77,000. For 2017, they funded more than 271 local unduplicated Valley
residents with 2,418 cancer care services, and 14% are residents of Palm
Desert. She said these services would have cost the Foundation more than
$6.2 million in services, but they were able to provide them at an
approximate cost of $366,520, thanks in part, to the strategic and generous
partnerships with the local medical community. It is clear that without the
Foundation, one can only wonder what would happen to the community,
because they are only one of five concerned foundations in the Valley, and
the only one that provides financial assistance with cancer care screening,
diagnostic, and treatment. Their assistance includes things such as paying
for premiums, insurance co -pays, and medications. She offered to answer
questions.
Mayor Jonathan said he knew the City has collaborated with the organization
for many years, and he looked forward to doing so again. He asked about
the date for 2018.
MS. BRYANT replied that the event was generally on the second Saturday
of the month of October, however, she's planning on establishing it for
February.
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D. PRESENTATION TO THE CITY COUNCIL OF AN EVENT PREVIEW ON
FASHION WEEK EL PASEO SCHEDULED FOR MARCH 17-24, 2018; AND
ON THE PALM DESERT FOOD & WINE FESTIVAL SCHEDULED FOR
MARCH 23-25, 2018.
MR. FRANK JONES, representing Fashion Week El Paseo and Palm Desert
Food & Wine. He called attention to the Event Update brochure he provided
to the City Council, noting they were approaching their 14th year of working
with the events. The brochure highlights the new designers coming to the
event, including Ralph Rucci from New York, who will be debuting his first
show in two years before taking it to Paris, which was a big deal for Palm
Desert. He went on to list the designers and special events that will be held
during Fashion Week. On the Food & Wine Event there is a stellar lineup of
more than six celebrity chefs that includes, Laura Werline, Zac Young and
others. He noted the event includes off -site presentations throughout the
City. He hopes to return in February to provide the City Council with a final
update and invite them to participate again in this stellar signature event for
Palm Desert.
Mayor Jonathan commented that these events were the jewels in the City's
crown and Council was very appreciative of all the effort that went into it.
Further, he appreciated Palm Springs Life willingness to listen to the needs
of the City and vice versa, stating he believed it was a great collaboration.
IX. ORAL COMMUNICATIONS - B
MR. PATRICK KLEIN, Representing the Palm Desert Area Chamber of
Commerce as immediate Past Chairman, introduced Ms. Debbie Frazier, the
Interim CEO for the Chamber. He said many on the Council already knew
Ms. Frazier as she is a longtime resident and a proven successful woman
with Mary Kay Cosmetics serving in the Ambassador's capacity for over a
decade, and a past Board Member of the Chamber as well. The Chamber
has more than 60 years of proven business organization, and it has never
been stronger, and Ms. Frazier will help them charge into the future to
become bigger and better as they move forward.
MS. DEBBIE FRAZIER stated it was a privilege to represent the five-star
Chamber of Commerce as the Interim CEO, and she was looking forward to
raising the bar to collectively create a friendly business environment and
facilitate a greater vitality for the entire Valley.
MS. TAMMY MARTIN, Executive Director for Friends of the Desert
Mountains, presented outgoing Mayor Jan Harnik with a plaque expressing
their appreciation for her support to the organization. She also recognized
the City of Palm Desert for its contribution to their mission of conservation,
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preservation, and education, stating they appreciated the City's continued
support.
Mayor Jonathan added he liked that this evening everyone was starting to
see all the components that make Palm Desert special, and if anyone has
not been to the Visitor Center on Highway 74, you owed it to yourself to do
so, because there are nice and easy scenic hike trails there, and residents
should take advantage of all the resources the City has to offer.
A member of the public approached the City Council about an incident
involving the Sheriffs Department, requesting that the City look into their
protocols.
MS. JACKIE DAMRON, Silver Canyon Lane, Palm Desert, congratulated the
City Council on the peaceful passage of power, stating it was because of the
City Council that she decided to make Palm Desert her forever home, adding
it was the most stable city in the Valley. Her issue was about the
abandoned business buildings that continue to decay. She is particularly
dismayed with those on the Highway 111 Corridor between Monterey
Avenue and Fred Waring Drive, because it is one of the most heavily
traveled sections in Palm Desert. It connects Highway 74 to Interstate 10,
north and south, and runs through the very heart of the City. Visitors enter
the City from both directions, yet the former Denny's restaurant has been
vacant for years and is located just one building west of Monterey Avenue
on Highway 111. The other was the former Holiday Inn that is east of the
Walmart Neighborhood Market on Highway 111 and directly across the major
entrance to the beautiful Desert Crossing Center. The building has been
vacant for at least seven years after a fire nearly destroyed it. She asked the
City Council to review its policies and regulations to ensure these owners are
required to maintain and upkeep their buildings, and if not, why not. She
added that these abandoned and vacant buildings don't convey the message
of a vibrant and thriving City, and owners should not be allowed to ignore
their responsibilities.
MR. DAVE THORNTON, Habitat for Humanity, thanked the City Council for
being wonderful to Habitat, stating that most recently they had a dedication
for a family in Palm Desert, and they are getting ready for their dedication of
two more homes. It was also a monument to the generosity of the City,
including being able to partner with an agency like Habitat to build a home
and provide affordable housing to low-income families, which was a
wonderful thing. He noted these two homes will be dedicated to two veteran
families, and thanked the City, contractors who have donated materials,
volunteers, and the goodness of others who have made it possible.
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MR. WALLY MELENDEZ, confessed he was proud to be an American and
to witness this peaceful and democratic transition of political influence,
power, and responsibility. In looking at what's happening in Venezuela,
Honduras, etc., he commended this City Council for how it transitions.
X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
1. WorldQuest Competition - she announced that Palm Desert High
School won the competition by one point, and they will be traveling to
Washington, D.C. to represent the Valley in a competition.
2. Riverside County Transportation Commission (RCTC)- she reported
that they are arranging for trains to come into the Valley for the music
festivals this year on a trial basis to see how it works.
3. Wild Lights at The Living Desert - she invited everyone to go see the
sparkling winter wonderland, which will end on December 24, 2017.
4. "Take Me Home Huev" at Freedom Park - she said it was a wonderful
exhibition with a wonderful message about the Vietnam Veterans, and
she thanked Management Analyst Debra Glickman for making it
possible to have this piece of art and event at Freedom Park.
Mayor Pro Tem Weber concurred, and she too thanked Ms. Glickman
for rounding up all the students from nearby schools to participate,
and they eventually brought their parents back as well.
Mayor Jonathan commented he was very pleased that more than 500
students participated and then later brought their parents.
B. Councilmember Kathleen Kelly Committee Reports and General Comments.
1. SunLine Transit - she said there will be some changes to the transit
schedule after the first of the year, and some of those affect routes
that pass through Palm Desert. The goal is to reallocate some
resources to better serve students, particularly those who are trying
to get to the Cal State University campus in keeping with the class
schedule. Therefore, if you are a SunLine Transit user, you can go
to the website to review the changes, and if the changes impact you
in ways that give you concern, let her know so she can relay that
message.
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C. Councilmember Gina Nestande Committee Reports and General Comments.
1. Neighborhood Watch Program - she and Deputy Sheriff Stacie Austin,
who coordinates the Neighborhood Watch Program, had a meeting
where they had a good turnout of neighbors. They looked at how they
can work together with law enforcement to keep the neighborhood
safe. She said if anyone was interested in establishing a
neighborhood watch to please contact Ms. Austin at the Sheriff's
Department, or email her.
D. Mayor Pro Tem Susan Marie Weber Meeting Summaries Report for the
Period of November 6 - December 3, 2017.
With City Council concurrence, Mayor Pro Tem Weber's Meeting Summaries
Report was received and filed.
1. Shop with the COD Event - she said the event will take place this
Saturday at Walmart where a certain amount of children have an
opportunity to get to know Sheriff Deputies on a one-on-one basis,
and the children get to experience sitting in a police car. The Deputies
assist the children in picking out toys for themselves, and their
brothers and sisters, which is a memorable experience for all of them.
Additionally, the Citizens on Patrol also show up and participate,
stating it was community in action.
Mayor Jonathan pointed out that members from the Sheriffs
Department volunteer their time to be part of that function.
E. Mayor Sabbv Jonathan Committee Reports and General Comments.
1. Blue Light Ceremony - he thanked the Riverside County Sheriffs
Department for hosting one of the two Blue Light Ceremonies in Palm
Desert at City Hall. He said it was such a special event where those
that have made the ultimate sacrifice in the line of duty, as police
officers, are honored. He was proud that Palm Desert is so
supportive of its Police Department, Fire Department, the Marines, the
"Take Me Home Huey" exhibit, which is all part of the fabric of the
community.
F City Council Reauests for Action.
None
G. City Council Consideration of Travel Requests/Reports.
None
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XI. STAFF REPORTS AND REMARKS
A. City Manager
1. City Manager's Meeting Summaries Report for the Period of
November 6 - December 1, 2017.
Rec: Receive and file.
With City Council concurrence, the City Manager's Meeting Summaries Report was
received and filed.
2. City Employee Retirement Announcements - she thanked and
congratulated the following City employees who will be retiring before
the end of this year: Building Inspector Darin Wilcox, Administrative
Secretary Beth Longman, and Director of Public Works Mark
Greenwood. She wished them well in their endeavors beyond City
Hall.
B. City Attorney
None
C. City Clerk
None
D. Public Safety
1. Fire Department
Battalion Chief John Cortez reported to the City Council that Cal Fire
lost a fire engineer from the San Diego Unit in the Thomas fires in
Ventura. He is saddened to have to report this and the details are still
to follow, adding that flags will fly at half-staff at the fire house.
Mayor Jonathan commented that Council talks often about those that
risk their lives every day to protect its citizens, and once and a while,
the ultimate sacrifice happens.
Chief Cortez added that personnel from Battalion 12 of Palm Desert
is assisting with the fire, but the City is fully staffed.
2. Police Department
None
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XII. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of November 9 and 23,
2017, and of the Adjourned Regular Meeting of November 16, 2017.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 11 /6/2017 and 11 /17/2017 - 2.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 11/9/2017 and 12/1/2017 (Joint Consideration with the
Palm Desert Housing Authority).
Rec: Approve as presented.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dragon Sushi,
72261 Highway 111, Suite 131, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hibachi City
Buffet, 72600 Dinah Shore Drive, Palm Desert.
Rec: Receive and file.
F YOUTH COMMITTEE MEETING MINUTES for May 1, June 5,
September 11, and October 2, 2017.
Rec: Receive and file.
G. RESOLUTION NO. 2017 - 77 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Paper Records that Have Been Digitally Imaged from the
Department of Public Works, to Rely On the Electronic Record as the Official
Record — Various Parcel and Tract Map Files 1991 - 2009.
Rec: Waive further reading and adopt.
H. REQUEST FOR AUTHORIZATION of Payment to CDW-G for Adobe
Acrobat Annual Subscription in the Amount of $13,252.75.
Rec: By Minute Motion, approve payment to CDW-G, Inc., in the amount
of $13,252.75 to provide Adobe Acrobat software for one year —funds
are available in Account No. 1104190-4336000.
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I. REQUEST FOR APPROVAL of Geographic Information Systems (GIS)
Services from Rancho Cucamonga Enterprise GIS (REGIS) Connect in an
Amount Not to Exceed $42,300 (Contract No. C36560).
Rec: By Minute Motion, approve the GIS services proposal from REGIS
Connect in an amount not to exceed $42,300 and authorize
City Manager to negotiate, finalize, and execute agreement, subject
to City Attorney approval — funds are available in FY 2017-2018
Account No. 5304190-4404000.
J. REQUEST FOR AWARD OF CONTRACTforthe Washout Facility Recycling
System Located at the Corporation Yard to Tri-Star Contracting II, Inc., in the
Amount of $67,021 (Contract No. C36490, Project No. 715-18).
Rec: By Minute Motion: 1) Award subject contract for the Washout Facility
Recycling System to Tri-Star Contracting II, Inc., Desert Hot Springs,
California, in the amount of $67,021; 2) authorize Finance Director to set
aside an additional 10% contingency for the project in the amount of $6,702;
3) authorize City Manager to approve any Change Orders within the
contingency amount; 4) appropriate $38,723 from Unobligated General
Account funds to Account No. 4504330-4400100; 5) authorize City Manager
to execute said contract — following appropriation, funds will be available in
Account No. 4504330-4400100.
K. REQUEST FOR AUTHORIZATION for City Manager to Execute the
Riverside County Transportation Commission Agreement for Funding Under
SB 821 Bicycle and Pedestrian Facilities Program (Contract No. C36570).
Rec: By Minute Motion, authorize the City Manager to execute the
Riverside County Transportation Commission (RCTC) Agreement for
Funding Under SB 821 Bicycle and Pedestrian Facilities Program —
funds for this project are available in Account Nos. 2134315-4332000
and 2134544-4400100.
L. REQUEST FOR APPROVAL of Amendment No. 2 to Contract with Richards,
Watson & Gershon for Legal Services for the Successor Agency to the
Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and
City of Palm Desert (Contract No. SA28881) (Joint Consideration with the
Successor Agency to the Palm Desert Redevelopment Agency and the
Palm Desert Housing Authority).
Rec: By Minute Motion, approve Amendment No. 2 to subject contract with
Richards, Watson & Gershon, Los Angeles, California, for the
Successor Agency to the Palm Desert Redevelopment Agency,
Palm Desert Housing Authority, and City of Palm Desert through
June 30, 2018.
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M. REQUEST FOR APPROVAL of The Airstream by David Winick as the Public
Art Component for Hotel Paseo Located at 45400 Larkspur Lane (Hotel
Paseo/West River Inc. Real Estate, Applicant).
Removed for separate consideration under Section XIII, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
N. REQUEST FOR AUTHORIZATION of the Hotel Co-op Program.
Rec: By Minute Motion: 1) Approve the Hotel Co-op Program, according to
criteria described in the staff report; 2) authorize City Manager, per
the purchasing ordinance, to approve individual requests for funding
up to $25,000 — funds are available in Advertising Special Co-op,
Account No. 1104417-4322201.
Ms. Aylaian requested that Item M be removed for separate consideration.
Upon a motion by Harnik, second by Nestande, and 5-0 vote of the City Council
(AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the remainder of
the Consent Calendar was approved as presented.
XIII. CONSENT ITEMS HELD OVER
M. REQUEST FOR APPROVAL of The Airstream by David Winick as the Public
Art Component for Hotel Paseo Located at 45400 Larkspur Lane (Hotel
Paseo/West River Inc. Real Estate, Applicant).
Management Analyst Debra Glickman stated The Airstream is being
proposed for Hotel El Paseo. There is a small change that the Applicant
requested to be addressed with the City Council. The Applicant took note of
one of the Art In Public Places Commission recommendations, which was for
The Airstream to not have early check -in. The Airstream will actually function
as a room, but the art portion is the exterior and the area around it. The area
around The Airstream has been designed by the artist, including the
reconstruction of the trailer. The Al PP Commission is very excited about this
project, in that they like the idea of bringing an art that will be open 24/7 for
the community to come and view. The Applicant was concerned about that
one requirement of not allowing for early check -in, which doesn't change any
part of the recommendation nor did she believe it will make much of a
difference on the project, but she wanted to bring that to Council's attention.
Councilmember Kelly said she was curious about it, questioning what was
the Commission's thinking behind it.
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Ms. Glickman replied that the Applicant had brought it up as a possibility, but
through further discussion, it won't make much of a difference. If there are
art people in The Airstream, people will be able to walk into it, but Council is
not considering the interior as part of the artwork, because the artwork is the
full exterior experience.
Mayor Pro Tem Weber moved to, by Minute Motion, approve The Airstream by
David Winick as the public art component for Hotel Paseo, subject to staffs receiving a
detailed maintenance plan, additional information on the artist and his past artwork, and
further information on the area surrounding the Airstream trailer, detailing its design and
confirming that it was developed by an artist — no funds are required to be expended at this
time; once the artwork is installed and the above requirements are satisfied, staff will return
to City Council with a request for reimbursement of the applicant's Art In Public Places Fee,
as amended with the elimination of the requirement that "The Applicant not allow for early
check -in from the trailer."
Mayor Pro Tem Weber complimented the AIPP Commission because they
were extremely diligent in going over this extraordinary piece of art, and to
be thinking of this project as an art in public places is totally a different
conception. She said the Commission paid a lot of attention to the City's
requirements, reviewed it very professionally, going over each line item,
adding that the artwork will bring an interesting ora to the hotel.
Mayor Jonathan noted he was actually planning on pulling this item, because
the AIPP Program is to create art that is viewable by the public, and the
developer either pays a fee or provides the actual art for a similar amount or
more. It was his understanding that this trailer was a substitute for a room
that was lost because of the expansion of the fitness area. He questioned
why this was being called art and why wasn't the developer separately
providing an art piece.
Ms. Glickman explained that it's the Applicant's responsibility to illustrate that
the art is a separate line item. Therefore, the Applicant is required to prove
to the City that it was money spent on top of what they would have already
spent for the restoration of The Airstream. She said the Applicant could have
gone with a new airstream as a room and not create the area around it. It's
about how this piece has been restored, using an artist that works regularly
with airstreams, and then his purview over the entire area. The area around
it, which is the seating area, is styled within the time frame of the artwork.
When the Applicant files the Public Art Application and Public Art Agreement
with the County, which goes on record with the property, so if it's ever sold,
the new owner will know that the artwork needs to stay there. The area
around the airstream is also part of the artwork and it cannot change;
however, they can replace something, but it can't change in spirit.
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Mayor Jonathan recalls that the trailer is inside the property to the rear, so
he wondered how that was viewable to the public.
The City's policy requires that the public be able to view it and the hotel is
open 24/7, stating anyone can walk through, because there are no
restrictions in walking to that side of the property. It was something she
thought about and it was discussed by the Commission; however, it follows
the spirit of the policy, in that anyone should be able to view the artwork at
any time, adding it wasn't behind locked gates. During the day, there will be
a docent talking about the artwork, so it was publicly accessible.
Additionally, there is a 24-hour cafe in the hotel, which encourages people
to come through at all hours to see the artwork.
Mayor Jonathan stated that policies of businesses change and there may not
be a 24-hour cafe there in one or ten years, and it may be under different
ownership, etc., questioning if the City had any instrument in place that
would assure the artwork is available to the public.
Ms. Glickman responded the Public Art Agreement is filed with the County,
which solidifies and codifies the City's policy in relationship to that particular
artwork at that particular site. The Ordinance has the ability for the City
Council to pull a Certificate of Occupancy if the artwork is in violation of its
policy.
Councilmember Harnik seconded the motion.
Mayor Pro Tem Weber commented that for Modernism Week, visitors will be
excited to see this in place, drawing many visitors in the next few months.
Mayor Jonathan called for the vote and the motion carried by a 5-0 vote (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
XIV. RESOLUTIONS
A. RESOLUTION NO. 2017 - 78 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL
SUBDIVISION MAP OF TRACT NO. 37292 (Mi Casa Property, LLC,
Applicant).
Mr. Greenwood stated this was Mr. Ron Moreno's first presentation to the
City Council.
Senior Engineer/City Surveyor Ron Moreno noted Tract Map No. 37292 is
located about a quarter mile north of Shadow Mountain Drive and is on the
east side of Highway 74. It is a six -lot subdivision of .042-acre and it allowed
for ingress and egress through the rear of the six Tots, including easements
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and otherwise associated with the map. The map conforms to the
Subdivision Map Act and all City ordinances.
Councilmember Kelly moved to waive further reading and adopt Resolution
No. 2017-78. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik,
Kelly, Nestande, Weber, and Jonathan; NOES: None).
B. RESOLUTION NO. 2017 - 79 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL
SUBDIVISION MAP OF PARCEL NO. 37349 (Chuck Spinelli/Spinelli Homes,
Inc., Applicant).
Mayor Jonathan noted he would be recusing himself, because he has
property that is nearby to the site in question.
Senior Engineer/City Surveyor Ron Moreno stated Parcel No. 37349 is a
2.79 acre parcel for condominium purposes over the existing parcel that went
with the original map. It was approved by the Planning Commission on
November 7, 2017, and it complies with City ordinances and the Subdivision
Map Act.
Councilmember Harnik moved to waive further reading and adopt Resolution
No. 2017-79. Motion was seconded by Kelly and carried by a 4-0 vote (AYES: Harnik,
Kelly, Nestande, and Weber; NOES: None; ABSENT: Jonathan).
C. RESOLUTION NO. 2017 - 80 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE
CANNABIS COMPLIANCE FUND AND COMMITTING THE MONIES
WITHIN THE FUND FOR THE PURPOSE OF COMPLIANCE AND
ADMINISTRATIVE EXPENDITURES FOR ACTIVITIES RELATED TO
REGULATION OF THE PRODUCTION, DISTRIBUTION, AND SALE OF
CANNABIS AND CANNABIS -CONTAINING PRODUCTS.
Assistant Finance Director Jose Luis Espinoza noted the Resolution is to
establish the Cannabis Fund and to commit the fund for specific purposes.
Councilmember Nestande moved to waive further reading and adopt Resolution
No. 2017 - 80. Motion was seconded by Kelly.
Mayor Jonathan stated the staff report indicates that the fiscal impact is
unknown and whether it will cover all expenditures for cannabis -related
activities.
Mr. Espinoza agreed, but even if money doesn't come in, the City still has to
fund it somehow.
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Mayor Jonathan called for the vote and the motion carried by a 5-0 vote (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
XV. ORDINANCES
A. For Introduction:
None
B. For Adoption:
1. ORDINANCE NO. 1327 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING
IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION
PROGRAM AND APPROVING THE DESERT CITIES ENERGY
CHOICE JOINT POWERS AGREEMENT (CONTRACT NO. C36400)
(Continued from the meeting of November 16, 2017).
Mr. Stendell noted this item has been continued on numerous
occasions, and at this point, the Ordinance has complied with
Council's original direction which was to request some changes to the
Joint Powers Agreement (JPA) that were taken on a December 5,
2017, action. Since then, he has provided subsequent memos to the
City Council alerting them to the draft Implementation Plan, which has
been provided by Coachella Valley Association of Governments
(CVAG), including answering a few minor questions about rate
assumptions. At this time, if there are more detailed questions, both
CVAG staff and The Energy Authority's (TEA) consultant were
available to answer questions. Staff recommended approval of
Ordinance No. 1327.
Councilmember Nestande inquired about the exit fee that will be
decided in the summer, asking what will happen if financially
everything went the wrong way to make the Community Choice
Aggregation (CCA) Program viable.
Mr. Stendell replied that the exit fee will be an issue today, tomorrow,
and next year, because the CPUC (California Public Utilities
Commission) sets the exit fee at the beginning of each year and
adjustments can be made at midyear. It is something to keep a
vigilant eye on, because it can be a budget buster for the CCA. It that
happens, the JPA allows the program to pull the plug and to cease all
operations, which takes about six months to unwind and everybody
can go back to Southern California Edison (SCE), eliminating further
exit fees from being charged at that point. He said the exit fee is
challenging and it will continue to be, so it's important for the Desert
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Cities Energy Choice (DCEC) to monitor, including any future CCA in
the State.
Councilmember Kelly stated some on the Council have asked a lot of
questions about the exit fee, and in part, assuming the City moves
forward, because residents will automatically be enrolled into this
CCA unless they opt out, which meant it can expect questions. In that
process of Q & A, she has the impression that things can change
significantly as the City moves forward toward implementation.
Recognizing the City will have great representation on the DCEC
board, would it be feasible to identify a couple of key markers to
ensure the full Council receives a status report. The key markers that
occurred to her were the following: a) once the exit fee is fixed; b) the
time between the PUC and registration of the new CCA; c) when the
draft budget is available. These markers will be of interest to
residents, so she's hoping it will be feasible for the City Council to
receive a status report at those key points.
Mr. Stendell agreed, and it could be incorporated into the motion.
Councilmember Nestande concurred with including that verbiage to
the motion.
Mayor Pro Tem Weber stated she still has not seen any evidence
from staff that the City has notified residents about this matter, and
she has asked about it previously. She said 100% of the people she
has spoken with don't know anything about it, and they are very
annoyed that they have not been made aware.
Mr. Stendell replied that outreach to the community thus far has been
fairly mild. Staff posted some topics through the City's social media.
However, there are four mandatory notifications for public input that
occur before implementation of the CCA, which will start in the spring.
It wasn't to say it was enough, because he didn't know how much
would be enough, but at this point, Mayor Pro Tem Weber was
correct, the City has not gone far and wide with outreach on this
project.
MS. KATIE BARROWS, Director of Environmental Resources with
Coachella Valley Association of Governments, noted Consultant Jeff
Fuller from The Energy Authority was present. She said Mr. Fuller is
the lead of the excellent team that will be working with CVAG. The
Energy Authority is a nonprofit agency that's involved in public power
throughout the Country, and they bring a tremendous amount of
expertise to the efforts. She is pleased with the due diligence and the
thoughtful consideration that this Council has made, which was great,
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because it's a big learning experience. She said when the City
Council asks questions, it's an opportunity for everyone to learn more,
and she was grateful for it. She said CVAG has put together an
Implementation Plan, which is a required process, and it has a lot of
steps in it. That Implementation Plan provides information that
identifies that it has an opportunity to provide to the community cost
savings on their electricity bill, including choices, which is really what
this was all about. She said the JPA was about adding options to
have a choice about where the electricity comes from. She
appreciated the help from Councilmember Kelly for helping them
shape the language that was requested by the Palm Desert City
Council in their JPA, which was approved by the Board on
December 4, 2017. With respect to outreach to the community, it's
a challenge to decide when you actually start going out to the
residents before knowing which cities will be participating, but they do
have a local marketing team that is starting to reach out to
stakeholders, and they will be doing more of it. As mentioned, there
is a time frame, and CVAG's goal is to launch the program in the
summer of 2018. For the submittal of the Implementation Plan, there
is a six-month time period for SCE, and they will provide two notices,
60 days prior to that date, and two notices after. Those are the
periods where the resident can decide to stay with the CCA or opt out.
But in advance of that, well before those notices go into people's
mailboxes, CVAG will be reaching out to the community and working
with City staff to get the word out and holding workshops to have
residents understand that this was an opportunity and a choice so
they can be fully informed. After the first of the year, they will have a
website, which is almost ready to be launched, where residents will be
provided with the different methods to use to stay in or opt out, such
as calling it in, going on online, etc., adding it will be an easy step.
Additionally, using examples of other communities and other CCA, the
opt -out rate so far is in the neighborhood of 5% or Tess. Therefore,
most people like and choose to stick with a CCA program.
Responding to the exit fee, she agreed with Mr. Stendell that it's
something they are monitoring closely. In fact, last week they
attended a SCE hearing about it, and there is a whole proceeding that
is going on, and they are engaged in that effort, but at this stage, the
exit fee is unlikely to change. Once the amount is announced in
January, that's the fee CVAG will be working with for the year, but it's
adjusted on an annual basis. She said the fee has not changed for
the last couple of years, because the CCA is taking off, adding there
are a lot of communities now in the coast like Laguna Beach and
Orange County considering the same option, and because of that,
SCE is making adjustments with their power purchases. She said
there are many changes going on with the exit fee, because it's an
issue, including at the State level, in terms of how this whole program
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is managed to ensure that both customers that stay with Edison and
those who participate in a CCA are treated fairly. Additionally, there
have been some proposals coming out from the CPUC that might
result in some delays in the implementation of these programs, but
Palm Desert is in a good position, compared to other communities,
because of the work already done in considering this for the City. The
fact that the Implementation Plan is drafted and ready for
consideration by the CPUC places the Valley in a good position.
There again, the local board will have the ability to make decisions
that are best for its residents.
Mayor Jonathan stated he was very impressed with Mr. Fuller's
knowledge and experience in this area, and he has been a huge
assistance. He went on to say that if Palm Desert moves forward, the
City will have a vote on the JPA, and it's weighted based on
population and energy consumption, but he assumes the City will
have a representative on that board. If the City chose to have an
alternate, he wondered if both the representative and alternate can
attend the meetings.
Ms. Barrows responded that they would be public meetings that
anyone could attend, but the City will be asked to name an alternate
in the event that the representative is unable to attend, adding they
welcome the participation. Further, in respond to the comment of the
weighted vote, she said it is rarely used and it's not going to be the
typical case.
Councilmember Kelly inquired about the notice that will go to the
public, asking if Council will be able to see those while they are in
draft form.
Ms. Barrows answered yes.
Mayor Jonathan added that in addition to the notices, there is
marketing firm already engaged, so they will be actively marketing via
social media, radio, t.v., etc., to make the public aware that this is
coming up.
Ms. Barrows explained that by the time they are asked to opt out,
residents will have had many opportunities, and they will be working
with City staff to tailor the notices to the needs of Palm Desert.
Mayor Pro Tem Weber clarified she was not concerned about the
CCA's notices to the residents, she was concerned about the City's
lack of notice, because residents have no idea that this Council is
making a decision on their behalf without them being aware of it, and
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then they will be required to make a decision on whether to opt out if
they don't want to participate. As mentioned previously, all the people
she's talked to, of course it's on a billion people or every resident,
don't like the idea of Council signing them up for something where
they have to late make the time to opt out. She also talked to people
who have solar and what they thought about it, but they have already
carried out implementing a program to reduce energy consumption,
and now the City is signing them up for a program where they will
receive a charge that will be distributed among everyone to pay for
the consultant. Another item of concern is that the City will have non-
elected individuals making decisions on their behalf to go into debt.
She said this CCA can vote to have infrastructure or other things,
which will then appear on the electric bill as part of their cost, when
some have already made efforts by installing solar, smart meters, or
other things. Additionally, there is no savings, and it's been spelled
out in the paperwork, so really, the City would be buying a choice. The
choice is organic, similar to going to a grocery store, where residents
are willing to spend more for organic foods to do the right thing, so
now the City was trying to spend more so it can have a choice in
electricity to reduce greenhouse gas emissions. Again, Palm Desert
has already made huge efforts to reduce greenhouse gas emissions,
and it has already done its part. She added that because of public
pressure, SCE is also purchasing energy from air, water, etc., so the
City didn't need to form a CCA to pressure residents even more.
Further, she believed it was disingenuous to imply there will be a
savings, because the facts have shown and CVAG has commented
there won't be a savings. Down the road there may be a savings, but
clearly up front, there won't. She said the concept is great, and if it
was run solely by Palm Desert where people could face the Council
directly, she would be on board, but to have another board making
financial decision on behalf of the residents is unfair. She asked if it
was the City or the resident that would be required to pay the exit fee.
Councilmember Nestande replied that as a homeowner, if she
decided to opt out, the exit fee would be on her bill.
Councilmember Kelly stated she had some of the same qualms that
Mayor Pro Tem Weber has expressed. However, the only way that
the City can provide consumers this choice, is through this particular
methodology. The CCA has some unquestionably laudable goals,
lower expense, and a better and higher percentage of sustainable
power, and if that can actually be accomplished, chances are that
everyone will be ecstatic. The only question for her, is if it's really
practical to expect this to happen. Right now, the paperwork that
Council received is predicting that the initial rate for power, which will
have a better mix, in terms of the quantity that is sustainable, the
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initial rate will beat SCE by a narrow margin of 7.1 cents per kilowatt's
hour as compared to 7.4. Again, it's a narrow margin, which is why
she would like to make sure that if the City moves forward with this,
that it stays on top of how the circumstances are changing to see if it
continues to make sense. For this evening, she's prepared to give it
a chance.
Councilmember Nestande offered that the CCA will enter into some
Tong -term contract, and if energy prices go down and the City signed
up for a $1,000 policy, but now it's only costing $500, the CCA holds
the bag for that differential. However, if the City decides to get out of
the contract, there will be a lost, so there is a risk.
Mayor Jonathan replied there is risk to energy if it's bought on the
spot market. The reason CCA's are more competitive, is that they are
not tied into Tong -term contracts like utilities that must recover their
capital cost. Therefore, that is a competitive advantage for the CCA,
and they mostly enter into shorter contracts, but of course, there is
always a risk. The cost savings that is projected, historically has
materialized. The analysis is conservative and it projects about a 5%
cost savings. If it doesn't materialize, and if consumers can get it
cheaper through SCE, they can opt out of the CCA and go back to
Edison, so he didn't see it as a risk. At the end of the day, if this
whole thing went south, the City can pull out of the JPA, adding there
is fail -saved mechanisms with regard to cost savings. The voters'
representation is an issue that everyone embraces, but he's not as
concerned as others, because it is a technique utilized throughout the
City's business. He serves on the CVAG Homelessness Committee
where he is the City's representative and he makes decision there,
just as other Councilmember serve on committees that are regional
in nature where the City has a vote by one of its representatives. At
the end of the day, this body is answerable to its voters and that
representative is answerable to the Council. This process is a good
example of it, where there is no formal action that can be taken that
bind the City without the City Council's approval, which is why it's
discussing it this evening. He said that type of methodology is not at
all unusual, not an exemption, in fact, it's the normal mode of doing
business. What he loves about the concept, and he's absolutely in
agreement with Councilmember Kelly, in that it hopes that all these
expectations will materialize, but at the end of the day, this is what the
City is going for with the JPA. First, it will provide a choice, in that if
they like Edison, they can stay with them. The City is providing the
residents with a choice that they currently don't have, which is to go
with the CCA. Secondly, there is a modest cost savings. To some
people that have an electric bill of $400, $500, $600, or more, a 5%
savings is meaningful. Thirdly, the City gets local control, where it has
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the opportunity to make a variety of choices. Finally, it's an
opportunity to increase the use of green energy for those that choose
to do it. Consumers will have the choice of going with the same
energy mix and having the cheaper savings or choose to not have
those cost savings but instead utilize a greater level of green energy
than what Edison is using. For those four reasons, he is willing to
give it a shot and then proceed very cautiously. He said that at some
point Council can consider having an alternate, and because of all the
work and research Councilmember Kelly has done on this matter, he
would be very pleased if she would accompany him to those board
meetings in the future.
Mayor Pro Tem Weber disagreed, stating the comparison provided by
Mayor Jonathan on voter representation was not apples to apples.
She said Mayor Jonathan represents the City on the Homelessness
Committee, but this Council voted to spend a certain amount of
money on the homeless issue, and the Council is accountable for it,
but this JPA organization is a non -elected board. Mayor Jonathan will
be representing Palm Desert there, and he was coincidentally elected
to the City Council, but the rest of the board members are non -elected
by Palm Desert residents, which is a totally different thing, and it was
not fair to make that comparison. Secondly, it aggravates her to keep
hearing about a savings, when CVAG's own paperwork, at the very
beginning indicated there won't be a savings, and when the story
keeps changing, she loses confidence in the whole thing. Thirdly,
when talking about local control, it's not talking about Palm Desert
residents, because it will be controlled by non -elected people who can
put the City into debt. She added that once the City commits them to
the JPA, then it's between the residents and the CCA residents. In the
past Palm Desert talked about starting its own electric company,
which she was in favor, but to turn the control of her electricity to other
people from other cities made her very uncomfortable.
Councilmember Kelly replied that the most current forecasting
projects a small savings and when percentages are thrown around,
it's important to understand that the percentage applies to
approximately half of the electric bill, because half of the bill is for the
cost of delivering the power, and that goes to SCE. Therefore, if there
is some savings in the power acquisition, the travels of the wires, the
percentage applies to that half. The most current forecasting projects
a small savings, and it's because of that savings that she was
prepared to move forward, but she wants to make sure the City
Council continues to get information to stay engaged with the
process. The reality is that as the City progresses, if it starts to look
like it will be impossible to achieve a savings, there won't be the will
to move forward, because everyone comprehends that the vast
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majority of consumers would not be supportive and would opt out.
However, she wants to make sure that as a City, it's current with the
information in order to be good participants in that decision making.
Responding to question, Mayor Jonathan explained that the board of
the JPA is composed exclusively of elected officials from the
participating cities, and the simple voting process is one vote for city,
but if there is a need to do so, there is a vote based on a weighted
energy consumption and calculation.
Councilmember Harnik stated she believed the JPA was very similar
to the SunLine Transit Committee, the County Transportation
Commission, and so many other entities where a city participates to
look at things from a regional standpoint, and sometimes the best
results are not achieved when the approach is done in a very
parochial fashion. She was in agreement with the City Council
receiving updates. She added that even if the City was just breaking
even, the local control and influence Palm Desert may have in doing
the right thing, was worth pursuing. Although this City has already
done many great things for the environment and clean energy, it's not
the time to stop, because the City can influence power generation
through this JPA and CCA process. It's also nice knowing that on
your electric bill, you will see a section that indicates grant funds that
the City will be able to use for people who have special needs and
may need to have their costs offset. That is just one example of how
those funds can be used. If joining the JPA winds up being
something that is not in the best interest of the community, there is no
question that the City will opt out.
Mayor Pro Tem Weber said she understood why Councilmember
Harnik was trying to tie this to SunLine, in that they decide on the best
buses for the community, but SunLine didn't make all of the residents
sign up without their knowledge to anything where they have to pay.
She asked for further clarification, on whether it was true or not that
the CCA, as an organization or board, can vote to go out and create
an infrastructure to produce better electricity, subjecting everyone in
the CCA to that debt.
Mr. Stendell concurred, stating it was issue addressed in a previous
staff report. He said the CCA does have bonding capacity subject to
the approval of the DCE Board.
Mayor Pro Tem Weber remarked that SunLine didn't do that to the
residents, and the CCA would. Again, without the residents being able
to elect those people serving on that board. She understood
Councilmembers were minimizing that aspect, but it's a significant
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part of this whole thing, because the CCA can put the residents in
debt, which she thought was inappropriate. Even though residents
may be in favor, she believed they had the right to know before the
fact.
Councilmember Kelly moved to waive further reading and adopt Ordinance
No. 1327, with instruction to staff to ensure the City Council receives a status report at
major milestones, including: a) When the exit fee is determined; b) after the Public Utilities
Commission (PUC) Certification, but before registration as the CCA; c) when the draft
budget becomes available.
Councilmember Harnik stated Mayor Pro Tem Weber's concerns
should be addressed, suggesting that the City Council have
discussions before those meeting at the JPA, and talking about how
the representative will be representing the City.
Councilmember Kelly replied she appreciated the intention, but she
wasn't sure it could be accomplished with the current language in the
Ordinance. Perhaps, as a team, it had to acknowledge this was a
topic of interest and to look to the designated representative to keep
the City Council informed beyond the list she provided. Frankly, she
didn't know how it would be feasible for the designated representative
to present all agendas to the City Council prior to a meeting.
Councilmember Harnik agreed, inquiring how often would this JPA
meet.
Mayor Jonathan responded that initially it's monthly. He proposed
revisiting this topic and perhaps even requiring that any binding vote
that would create debt would have to come before the full City Council
for approval, but all these concerns can be addressed separately. He
suggested adding a fourth item that includes any other threshold or
markers the City may warrant.
Councilmember Kelly agreed, stating she's counting on the City's
representative working with staff to identify any other major steps for
which new information comes to Tight that warrants the City Council's
attention, adding her list was a minimal list and not a maximum one.
Councilmember Harnik seconded the motion, including Mayor Jonathan's suggested
addition: d) any other thresholds or markers that warrant the City Council's attention.
Mayor Jonathan called for the vote and the motion carried by a 3-2 vote (AYES:
Harnik, Kelly, and Jonathan; NOES: Nestande and Weber).
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Councilmember Kelly stated she liked the idea suggested by Mayor
Jonathan that the City's representative would not authorize any debt
without bringing the issue back to the full Council, asking if that was
something that will be pursued separately.
Mayor Jonathan answered yes, stating he believed Council was
asking staff to consider some of the issues and concerns that were
brought up this evening and return with a staff report on how it might
proceed.
Ms. Aylaian replied that when the City Council appoints their liaison
in the annual process, there can be discussion about the role and
tasking for this particular representative.
Mayor Jonathan added that separately from the appointments of the
alternate and liaison to the JPA, staff can address some of these
other concerns that have been discussed that are not directly related
to the representation.
Ms. Aylaian agreed to address them.
Mayor Jonathan congratulated everyone, in that the City was now a
member of the JPA, and he looked forward to hopefully realizing
some of the hopes and expectations. He thanked Mr. Stendell for
being at every meeting and for going through all sorts of technical
documents, stating it was appreciated.
Mayor Jonathan called for a dinner recess at 6:11 p.m., and he reconvened the
meeting at 6:45 p.m.
2. ORDINANCE NO. 1332 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
AMENDMENTS TO PALM DESERT MUNICIPAL CODE
CHAPTER 5.10 - SHORT-TERM RENTALS IN REGARDS TO
ENFORCEMENT, OPERATIONAL STANDARDS,
COMMUNICATION, AND ZONING REQUIREMENTS FOR SHORT-
TERM RENTALS WITHIN THE CITY OF PALM DESERT,
INCLUDING ELIMINATION OF CERTAIN SHORT-TERM RENTALS
IN R-1 AND R-2 ZONES.
Associate Planner Kevin Swartz noted this was the second reading of
the Ordinance, and the only change from the last meeting was in
regard to the sunset date for all existing permits within the R1 and R-2
Zones from July 1, 2019, to December 31, 2019, and that change has
been made. If the second reading is adopted, the Ordinance will take
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affect on January 13, 2018. Staff recommended adoption of the
second reading.
Mr. Hargreaves stated he would like to explain the process going
forward should the City Council adopt the proposed Ordinance this
evening. The Ordinance will become effective in 30 days, and at that
point, people with a short-term rental permit in the R1 and R2 Zones,
would sunset on December 31, 2019. The City also put in place a
process to ensure that property owners have an opportunity to recoup
reasonable investment in their property, so it could be that those two
years are not long enough depending on circumstances, and that
process is referenced in the Ordinance about additional renewals
based on unconstitutional takings. He added that if the Ordinance is
adopted, staff will come back to the City Council early next year with
a more detailed procedure for making those applications and going
through that process. The process will entail making or showing a
certain amount of investment in the property and not having the
opportunity to recoup it in the next two years. There will be a hearing
process, so property owners have an opportunity to make an
argument to the City for a longer period than the two years.
Mayor Jonathan called for public testimony at this time.
The following individual spoke in OPPOSITION to Ordinance No. 1332 to
eliminate and phase out short-term rentals in the R1 and R-2 Zones for
various reasons that included not giving enforcement a chance; STRs are
revenue generators; retaining the City of Palm Desert's image as a world
class City destination; absence of an Economic Impact Study on STRs,
Ordinance punishes good operators; illegal rentals are the ones causing
problems; City will lose Transient Occupancy Tax (T.O.T.), ban will impact
the City and residents financially, make STRs go underground, affect their
business, and affect good guests that have visited Palm Desert for years;
improvements to a STR increase property value; STRs add value to
communities; unfair to take -away licenses from people who invested in their
home in good faith; City will lose tourism dollars, should provide enforcement
by pulling permits from violators; ban affects the people they employ; sunset
clause is unfair; lack of proper notification; sunset clause is draconian,
Ordinance does not grandfather existing permits, and the City let residents
down by not enforcing its rules and regulations and is now punishing
responsible operators and business owners:
MR. BRETT MITCHELL, Wise Investments, Wilshire Blvd., Los Angeles
MR. FRED PORT, Masson Street, Palm Desert
MR. DEAN SCHUMAN, Beavertail, Palm Desert
MR. DANIEL O'BRADY, Tampico Drive, Palm Desert
MS. ATHENA MARTINEZ, Tampico Drive, Palm Desert
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
MS. MEG FIRESTONE, El Paseo, Palm Desert
MS. MARGIE THOMAS, Ilinois Street, Palm Desert
MS. GALINA JOVOVIEN-LOGINOVA, Homestead Road, Palm Desert
MR. PATRICK TAYLOR PERCOSKI, Juniper Street, Palm Desert
MR. CRAIG JACOBSON, Juniper Street, Palm Desert
MS. LESLEY MILLER, Goldflower Street, Palm Desert
MR. JORDAN ARMITAGE
MS. TRACEY JACKSON, Juniper Street, Palm Desert
MS. MARY REPP, Florida Avenue, Palm Desert
MR. ED BORQUEZ, Golden Court Drive, Indio
MS. LAURIE LANG, Skyward Way, Palm Desert
MS. KATHERINE KAY, Palm Desert
MR. DUKE WYATT, Palm Desert
MR. GERRY WASHACK, Pitahaya Street, Palm Desert
MS. SHANYCE WASHACK, Pitahaya Street, Palm Desert
The following individuals spoke IN FAVOR of Ordinance No. 1332 to
eliminate and phase out short-term rentals in the R1 and R-2 Zones for
various reasons that included protecting residential neighborhoods;
elimination of party houses; enforcement didn't work; City Council found a
solution that was both fair and balanced at the last meeting; preserving the
quality of life; restoring residential neighborhoods; City's hotline and
enforcement were not sufficient to deal with STRs; dealing with strangers on
a weekly basis; STRs are not compatible with R1 and R-2 Zones, City
Council reached a true compromise, Ordinance will prohibit STR
business/industry in residential areas, STRs are a violation of their zoning;
interruption of the peace and quiet of their neighborhood; STRs devalue
properties, difficult to sell a home next to a STR; too many STRs in one area,
Tong -term residents become STR enforcers, STRs created unintended
consequences; over booking of guests; residents are tired of the harassment
that STRs are causing, and they support the sunset clause:
MR. JIM KANE, Skyward Way, Palm Desert
MS. CHRISTEL M. PROKAY, Siesta Trail, Palm Desert
MR. TIM SULLIVAN, Deergrass Drive, Palm Desert
MS. DONNA AULT, Haystack Road, Palm Desert
MR. BRUCE POYNTER, Calliandra Street, Palm Desert
MR. JOHN CURRAN, Somera Road, Palm Desert
MS. CATHY FORRISTER, Calliandra, Palm Desert
MR. VAN TANNER, Cricket Cove, Palm Desert
MS. JANN BULLER, Somera Road, Palm Desert
MS. DEBRA VOGLER, Shadow Mountain Drive, Palm Desert
MR. DAVID TOLTZMANN, Bursera Way, Palm Desert
MR. PAUL MURPHY, Skyward Way, Palm Desert
MR. SHERYLEN YOAK, Siesta Trail, Palm Desert
MS. SUSIE PEAT, Willow Avenue, Palm Desert
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
MS. DENISE TOLAND, Buckboard Trail, Palm Desert
MS. PATTY KAISER, Grapevine Street, Palm Desert
MR. CARL KAISER, Grapevine Street, Pam Desert
MR. TIM SKOGEN, Skyward Way, Palm Desert
MR. ROBERT KANE, Skyward Way, Palm Desert
MR. STEVE NASH, Willow Street, Palm Desert
MR. SAM HOOVER, Palm Desert
MR. ROBERT AULT, Via Arecio, Palm Desert
MR. VINCE HEURING, Pinyon Street, Palm Desert
MR. ARTHUR MICHIE, Silver Spur Trail, Palm Desert
MR. JIM PEARCE, Country Club Drive, Palm Desert
MR. SHERRELL SUTHERLAND, Broken Arrow Trail, Palm Desert
Mayor Jonathan called a recess at 8:29 p.m., and he reconvened the meeting
at 8:36 p.m.
Mayor Pro Tem Weber stated she was not against restoring the
residential areas, the issue for her is not providing the people who
purchased their property that hold a short-term rental permit to be
grandfathered, giving them an opportunity to do whatever they want
to do. She said it's been noted that complaints were caused by
people who did not have permits, so they were already law breakers.
Therefore, law breakers will be determining what the City Council will
decide this evening, and she didn't think it was an appropriate way to
handle it. Also, the definition of short-term rentals is either 27 or 28
days, which will exclude people that want to rent for one, two, or three
weeks, adding that Council heard testimony from people who rented
for weeks and then decided to purchase a home. The proposed
Ordinance includes a sunset ending on December 31, 2019, and she
would like Council to consider changing it to grandfathering existing
permits, because she firmly believed that with the changes going on
in today's world, hotels will take over these weekender groups, and
after a short period of time, STRs will phase out. She believed many
residents weren't even aware they had a STR next door, because
those are the ones that are successful. She added that the City was
not enforcing, so when she hears people say it doesn't work, that's
because it didn't exist. She couldn't make a decision for the future
based on something that was not in place in the past. Therefore, she
would rather make a decision on something the City is going to
enforce with a heavy hammer by issuing a fine and/or shutting them
down. It won't be a matter of five years of suffering anymore, it's a
matter of one or two weekends of violations, and then they are out,
which is something the City can do and it should be doing.
Councilmember Nestande pointed out that the City Council represents
50,000 residents of Palm Desert and clearly not all of them are
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
present or submitted letters. However, she is doing her best to try to
find a middle ground where all can coexist. There is no perfect world
or utopia, and her definition of a neighbor might be different from
others, and as a Councilmember, she couldn't make that definition of
what a neighbor is for all. However, she will try her best to make sure
the City doesn't let the residents down, because what she's hearing
is that it has, in terms of enforcement. She said the City has allowed
bad STR operators ruin it for everybody. She noted she sat on the
Task Force since January, and it came up with a really good plan
where there was going to be strict enforcement, best neighbor
practices and policies that many speakers mentioned, and the City
was going to implement some type of density cap. She even recalled
the City Attorney saying it could be done based on a census tract and
determined a 5% density on STRs. She believed those were great
ideas and the City was moving in that direction and suddenly that
changed somewhere along the line. Bottom line is she thought the
City was going to give enforcement a try, including limiting the
number of STRs so that neighborhoods would not be overrun by them
Councilmember Kelly acknowledged there are very good people on
both sides of this issue, which was clearly evident, but her job was to
also be future looking and responsive to today's citizens, including
how to plan for Palm Desert residents 10, 20, or 50 years down the
road. She remains convinced that the solution struck by the City
Council at the last meeting is the best way to plan for Palm Desert's
future. She simply heard, not just this evening, but as she takes her
morning walk where too many terrific people in the R-1 and R-2
neighborhoods insisting they will flee if this situation doesn't change,
and they will do so because it's no longer an attractive place for them
to live. The City doesn't have the capacity to become full-time
property managers to make STRs compatible with the use in the R-1
and R-2 neighborhoods. In looking to the future, striving to make sure
the City has a good choice of housing options for tomorrow's
residents, for the people it wants to attract to live and work in a
broader -based economy full time, she's convinced this is a step it
needs to take. As the City Attorney explained, the City will have a
process to try to deal with the impacts as fairly as possible.
Councilmember Kelly moved to waive further reading and adopt Ordinance
No. 1332. Motion was seconded by Harnik.
Councilmember Harnik stated that Councilmember Kelly made great
points, and in listening to both sides, it made her sad that there are
sides, in that some residents have taken barricades on roads, yet
these are neighbors that you may have to borrow a cup of sugar or
ask to call 911. She has listened to the Shuman's and Washack's
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
who are responsible individuals and have done their best to make a
good living for themselves in Palm Desert and have been responsible
STR owners. This is a tough decision, and to Councilmember Kelly's
point, staff cannot be full-time property managers, because that's not
how the City was set up, adding it did not have the capacity or the
ability, yet that's what's expected. She believed this was not the end
of this process or the ultimate ordinance, because there will be little
changes, polishing, etc., needing to be addressed. Her greatest hope
is that in nine months they will learn things to make it better. When
the City Council is presented with a stack of pink and blue papers
representing those in favor or against this issue, to her they are just
papers, because this City Council has met with so many individuals,
read hundreds of emails and letters, and has heard hours of
testimony. Everyone has heard this was a worldwide issue and it's
not just happening in Palm Desert, but she believed she had to
respect and uphold the City's sanctity and the fabric of the residential
neighborhoods, stating they will become a premium. This evening
she was prepared to move forward with a vote.
Mayor Jonathan thanked Mr. Swartz for doing an admiral job of
navigating this issue for the City and engaging the residents and
moving this through the process. Secondly, he spoke earlier about
committees/commissions, stating this was a process that started with
an ad hoc committee, so he wanted everyone to know the City
Council will be conducting its annual committee/commission
interviews in January, and if anyone was interested and wants to
remain engaged, he invited them to apply. The challenge with this
issue of STRs, is that none of the comments heard were
unreasonable, because they all resonated with him. It's a challenge,
because there is no way that everybody is going to get what they
want, and no matter what is decided this evening, someone is going
to be adversely affected. He said he had to step back to take the
20,000-foot view, and in looking at this issue, not so much from a
personal level but from a policy standpoint. By moving forward with
the proposed Ordinance, the City will be accomplishing two things:
1) Striking a reasonable balance, because it's only eliminating about
20 to 22 percent of the STRs in the City, leaving nearly 80% of them
intact. It may also eliminate about 100% of the problems or issues,
because the City is not receiving complaints from Planned Residential
Zones about STRs; 2) whether you agree or not, Council is defining
its City. In spite of modern developments, which he embraced,
because he utilizes short-term rentals, they do impact and shape the
community in which they are in. The City Council is taking a step this
evening to define the City, and to say it's antiquated, residents like
traditional neighborhoods. Therefore, Council would be protecting the
traditional neighborhoods in the R-1 and R-2 Zones, while allowing
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
80% of STRs to remain. He said this was an Ordinance, from a City
policy standpoint, that makes a lot of sense.
Councilmember Nestande noted she serves on the Marketing
Committee and the emphasis is always on El Paseo, and what the
City can do to make it a more high -profile destination area. It's where
the City spends thousands of dollars for Fashion Week and Food &
Wine events, to put it on a world stage, because tourism is the City's
economy. She wished the City could build an Amazon out here in the
Desert instead of New Mexico or Texas, but that's more of a State
issue and tax policy than it is a City issue. However, Palm Desert
does have tourism, which is the backbone. She's wondering what will
happen to the City's identity and what it will do to El Paseo. She's not
saying that the City should allow south Palm Desert or allow R-2
neighborhoods to be taken over by STRs, she was suggesting a 5%
density, which could be livable, but getting rid of the bad apples first.
Even if the City adopts the Ordinance this evening, it's still putting the
residents through a long two years if it's not going to correct the
enforcement, because it's not capable. She reiterated the City
needed to give enforcement a chance and it should have
good -neighbor policies in place.
Councilmember Kelly stated that any enforcement was dependent
upon neighbors, and once there is a bright line indicating that there
are no new STRs that are permissible and that existing ones are
phasing out, it becomes much easier for neighbors to know when
there is something that warrants contacting the City. She wasn't
contending the City doesn't have a role to play in enforcement or that
it didn't have the capacity to engage in enforcement, only observing
the it couldn't add a department so as to assure the proper reign of
STRs into the future indefinitely, because it was impractical. She
added that every person here this evening knew how important El
Paseo is to Palm Desert, and they support taking steps to maximize
the effectiveness of El Paseo Merchants. She went on to say the City
spends a lot of its time focused on how to do it, but she didn't want to
be perceived that this is a case of some people caring about El Paseo
and others not, because there can be legitimate differences of opinion
about how to most effectively nurture the tourism and how to nurture
an environment for full-time residents who will also frequent the
businesses.
Mayor Pro Tem Weber responding to Councilmember Kelly's
comment that she was future looking, but the 2012 Council did exactly
that when they had homes that were in trouble and sitting empty.
They looked to the future and considered what to do about the
economic problems and decided to allow STRs. It would have been
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
very nice if a sunset was placed on them at that point, and this
Council would not be facing this issue, including enforcement, fees,
or fines. Today, Council is listening to emotional experiences due to
lack of enforcement, which she couldn't apologize enough for it,
because it was the City's fault, it failed. The City now plans to have
enforcement in place, but it hasn't been tried. She agreed the City
couldn't be full-time property managers, but again, enforcement was
not in place. It's very shocking to operators the first time they do
something wrong and have to pay a giant fine, and then they realize
they can lose a permit, which she believes will get their attention. It
can't make up for the pain and suffering that residents have gone
through, which she understood, but it can implement enforcement for
these nuisances to stop. Out of respect to those people who
purchased property and improved them, and planned for their future
for retirement, it seems the City should at least give them the
opportunity to grandfather out. She has no problem restoring the
areas to residential, but as a courtesy to the ones who took the time
to improve the property, the City should at least allow them to
grandfather out, instead of saying to them to sell their property and
move on. She added that STRs is a phenomenon that will go away,
because Airbnd and VRBO are building their own areas, but in the
meantime, it's disrespectful to those owners who planned ahead
based on what the City promised them in 2012. However, she
understood that if she made an amendment to the motion, it will
change everything.
Councilmember Harnik replied there is not a motion that will fix
everything where everybody is going to be happy. She agreed there
will be two difficult years as STRs phase out, but hopefully, the City
will see enforcement take effect and ease some of the problems
moving forward. Additionally, the City has not taken away the ability
in the R-1 and R-2 Zones to rent for 28 days or greater, so that option
still exists. She shared she has lived in this Valley for a long time, and
it is a retirement community, second -home community, and also to
many young families, which is represented well by the number of
schools and colleges. Therefore, it's not only tourism that Council is
basing its future, as pointed out by Ms. Vogler or as mentioned in an
article in The Desert Sun, the City needs to broaden its economic
base. She said the City cared about tourism, the Westfield Mall,
events, parks, etc., stating they are all important and Council doesn't
want to see any of those things fail.
Mayor Jonathan called for the vote and the motion carried by a 3-2 vote (AYES:
Harnik, Kelly, and Jonathan; NOES: Nestande and Weber)
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
3. INTERIM URGENCY ORDINANCE NO. 1333 - AN INTERIM
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, MAKING FINDINGS AND
EXTENDING A TEMPORARY MORATORIUM ON THE ISSUANCE
OF SHORT-TERM RENTAL PERMITS ONLY IN R-1 AND R-2
ZONES FOR UP TO AN ADDITIONAL YEAR, Case No. ZOA 16-364.
Associate Planner Kevin Swartz stated that based on City Council
action of adopting the new Short-term Rental Ordinance, which
becomes effective January 13, 2018, and with the existing moratorium
that's been in place since January 2016 for not issuing any permits
and expires January 10, 2017, it leaves a three-day gap. Part of the
new Ordinance is to prohibit new Short -Term Rentals (STRs) within
the R1 and R-2 Zones, so this Urgency Ordinance would cover that
gap. He went on to say that individuals could come in on January 10,
2018, and obtain a short-term rental for all other zones, but not within
the R-1 and R-2 Zones, which is consistent with the new Ordinance.
Staff recommended the City Council adopt the Urgency Ordinance.
Mayor Pro Tem Weber asked if staff was extending the moratorium
from January 10 to January 13. Mr. Swartz answered yes.
Mayor Jonathan said he thought the recommendation was broader
and could be extended for a period not exceeding one year.
Mr. Swartz explained that staff inserted the one-year clause in case
the last item on the agenda went back and forth, but since Ordinance
No. 1332 was approved and becomes effective January 13, this
Urgency Ordinance would end when the new Ordinance goes into
effect.
Mr. Hargreaves added that the recommendation is to extend until
Ordinance No. 1332 becomes effective or a maximum of one year.
The concern is that if there is litigation or a filing for an injunction, it
could block implementation of the current ordinance and there
wouldn't be a moratorium in effect to block any new STRs in the R-1
and R-2 Zones. Therefore, the Moratorium is focused on new STRs
in the R-1 and R-2 Zones, and it will be in place up to a year or until
the new Ordinance goes into effect on the anticipated date of
January 13, 2018.
Mayor Pro Tem Weber pointed out that January 13 is a Saturday.
Mr. Hargreaves replied that the City would not be issuing permits on
a Saturday or Sunday.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
Mr. Stendell added that the City would not want to certify a piece of
mail that lands on the doorstep on January 13 or leave any windows
open, stating the Urgency Moratorium will cover the three-day gap or
any potential litigation.
Responding to question, Councilmember Kelly noted that the
language that Mayor Jonathan was looking for was on page two of the
Interim Urgency Ordinance, Section 1(a).
Councilmember Kelly stated that unless something unforeseen
happened, this Urgency Ordinance was a back-up plan.
Mr. Hargreaves stated that if there was a citizen referendum where
people go out and collect enough signatures, and they have a 30-day
window to do it, it would put the new Ordinance on hold until it went
through that process, leaving that gap open. If the Moratorium
expires and the new Ordinance isn't in effect, then there is a window
there where people could arguably get new permits in the R-1 and
R-2 Zones.
Mayor Pro Tem Weber offered that the Urgency Ordinance is going
to be extended until such time that Ordinance No. 1332 goes into
effect, and if it doesn't, the Interim Urgency Ordinance No. 1333
extends it to at least a year. Mr. Stendell concurred.
Councilmember Harnik moved to waive further reading and adopt Interim Urgency
Ordinance No. 1333. Motion was seconded by Kelly and carried by a 4-1 vote (AYES:
Harnik, Kelly, Weber, and Jonathan; NOES: Nestande).
Later in the evening, just prior to adjourning the meeting,
Councilmember Nestande requested to change her vote to a "Yes,"
to show solidarity, and with City Council concurrence, the vote was
changed to 5-0 (See Section XX - Adjournment).
For the purpose of clarification the motion is as follows:
Councilmember Harnik moved to waive further reading and adopt Interim
Urgency Ordinance No. 1333. Motion was seconded by Kelly and carried by a 5-0
vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
XVI. NEW BUSINESS
A. REQUEST FOR ADOPTION OF RESOLUTIONS, INITIATING
PROCEEDINGS TO LEVY PROPOSED NEW OR INCREASED
ASSESSMENTS, APPROVING THE ENGINEER'S REPORT, AND
DECLARING INTENTION TO BALLOT PROPERTY OWNERS FOR THE
PROPOSED NEW OR INCREASED ASSESSMENTS WITHIN
PALM DESERT LANDSCAPING AND LIGHTING DISTRICT NO. 1, LOCAL
LANDSCAPING ZONE 8, PALM GATE, FOR FISCAL YEAR 2018-2019.
Landscape Supervisor Randy Chavez noted the staff report, which was a
culmination of work done by staff with property owners of the Palm Gate
Assessment District. The District is underfunded, so staff found a way to
mitigate the issue to essentially get them back on track to a level where the
City could perform maintenance to a standard level. A formal survey was
sent out to engage the interest of the owners, and the majority of them
responded in favor of an increase. Approval of the proposed resolutions
allows staff to formally ballot the property owners.
Councilmember Harnik moved to waive further reading and adopt: 1) Resolution No.
2017 - 81, initiating proceedings to levy proposed new or increased assessments for
Palm Desert Landscaping and Lighting District No. 1, Local Landscaping Zone 8, Palm
Gate, and ordering the engineer to prepare and file an Engineer's Report; 2) Resolution
No. 2017 - 82, approving the Engineer's Report regarding proposed new or increased
assessments within the Palm Desert Landscaping and Lighting District No. 1, Local
Landscaping Zone 8, Palm Gate, for FY 2018-2019; 3) Resolution No. 2017 - 83, declaring
intention to ballot property owners for proposed new or increased assessments within Palm
Desert Landscaping and Lighting District No. 1, Local Landscaping Zone 8, Palm Gate, for
FY 2018-2019, setting a time and place for a public hearing, and authorizing staff to
proceed with the balloting procedures. Motion was seconded by Weber.
Councilmember Kelly noticed that 15 or 16 property owners responded to the
informal survey out of 37. In the context of formal voting, will there be some
communication to ensure the owners understand what's at stake.
Mr. Chavez replied staff received late surveys' from owners, and they
indicated they were in favor of the increase. Additionally, if staffs
recommendations are approved, they plan to have another community
meeting with the owners to bring them up to speed. He has received a
couple of emails asking where they were in the process, but the Engineer's
Report took some time.
Councilmember Kelly thanked staff for all their efforts.
Mayor Jonathan called for the vote and the motion carried by a 5-0 vote (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
B. REQUEST FOR APPROVAL OF PAYMENT TO THE COACHELLA VALLEY
WATER DISTRICT (CVWD) FOR CONSTRUCTION OF THE FOURTH
DOMESTIC WATER WELL SITE AT DESERT WILLOW GOLF RESORT,
PURSUANT TO THE 1996 DOMESTIC WATER AND SANITATION
AGREEMENT.
Mr. Alvarez noted the staff report, stating approval will allow the City to fulfill
the requirements of the 1996 Domestic Water and Sanitation Agreement
entered in by the former Redevelopment Agency. Prior to the dissolution of
the Redevelopment Agency, these funds and bond funds were set aside.
The City now has the ability to move forward, and this will be for the
fulfillment of the fourth well site required under the Agreement. The other
well sites have already been constructed and paid for, and this merely fulfills
the requirement for moving forward. In the staff report, there is a map that
shows the locations of existing wells and the one being constructed, stating
these wells will facilitate the current development center there along with
future developments that occur for the Master Plan for Desert Willow.
Councilmember Kelly moved to, by Minute Motion: 1) Approve payment to CVWD
in the amount of $667,245 for the construction of the fourth domestic well within the Desert
Willow Master Plan; 2) appropriate $667,245 to Fund 451 - Capital Projects (Bond
Funded). Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik,
Kelly, Nestande, Weber, and Jonathan; NOES: None).
XVII. CONTINUED BUSINESS
None
XVIII. OLD BUSINESS
None
XIX. PUBLIC HEARINGS
A. CONSIDERATION OF MAKING CERTAIN FINDINGS PURSUANT TO
GOVERNMENT CODE SECTIONS 66000-66008, RELATING TO THE
DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL
YEAR ENDED JUNE 30, 2017.
Ms. Moore explained that every year the City is required to file a report that
includes the Development Impact Fees collected during the year,
expenditures against those fees, make findings for any moneys that is still
on deposit, and after a period of five years, make findings that are required
for future expenditures.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
Mayor Jonathan stated the report shows an ending balance of various
restricted funds, their intended uses, and commitments, but he didn't see
that on page 4 of 8, the New Construction Tax Fee, stating all others show
what's in them and what the commitments are, which is the purpose of this
exercise.
Ms. Moore agreed, but only if the commitment is older than five years. On
page 4 of 8, the New Construction Tax, the City doesn't have anything that's
greater than five years. She confirmed the City was not required to disclose
or quantify commitments and/or justify the amounts in those funds.
Mayor Jonathan called attention to page 6 of 8, where part of the
commitment is the skate park conversion to a pavilion.
Ms. Moore replied it was for the skate park at Freedom Park, and it's the
remainder of some of the work that needs to be done, which was still in
progress.
Mr. Stendell added it was part of the retrofit of the pickleball facilities, which
has been morph into one big project.
Mayor Jonathan declared the public hearing open and invited testimony on the
matter. With no public testimony offered, he declared the public hearing closed.
Councilmember Harnik moved to waive further reading and adopt Resolution
No. 2017 - 84, accepting the report and making certain findings pursuant to California
Government Code Sections 66000-66008. Motion was seconded by Nestande and carried
by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
B. REQUEST FOR COMMENCEMENT OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR 2018-2019
GRANT APPLICATION PROCESS AND FOR DEVELOPMENT OF THE
FIVE-YEAR CONSOLIDATED PLAN FOR FISCAL YEARS 2018-2019 TO
2022-2023 AND ONE-YEAR ACTION PLAN FOR FISCAL YEAR 2018-2019.
Ms. Riddle stated this year the City needed to develop the Five-year
Consolidated Plan for the Community Development Block Grant (CDBG)
Program, which is the long-range plan to identify objectives and goals for the
City to carry out to address the needs within the community. Primarily, the
CDBG Program is to address the needs of low-income, blight, emergency
disasters, and things of that nature. In addition, the City needs to undertake
the Action Plan for Fiscal Year 2018-2019, which specifically identifies
programs and projects the City chooses to fund to meet those identified
goals and objectives within the Consolidated Plan.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
Councilmember Harnik shared that every year the City goes through this
exercise where it's not sure if it's going to get the funds, stating that it wasn't
unique to the current President, but it just keeps happening.
Ms. Riddle replied it appeared it will continue, however, last year it did
receive an increase, which was very surprising.
Mayor Jonathan declared the public hearing open and invited testimony on the
matter.
MS. BEVERLY GREER thanked the City Council for the support its given to
the Stroke Recovery Center over the years and now the Neuro Vitality
Center. They will be celebrating their 40'h birthday in March where they have
been serving low-income and seniors over the years. They are now moving
toward Parkinson's and other more devastating neurological diseases and
including them in their rehabilitation, and they support Palm Desert
homebound seniors through the Meals on Wheels Program at the Joslyn
Center. They are deeply entrenched in Palm Desert, and they appreciate all
the help they receive from the City over the years. The City awarded them
some monies to do some renovations, and for next year, they will be asking
for a smaller amount to continue that project to do the painting in the amount
of $20,000.
MS. LAURA NACHISON, Senior Grant Writer for Desert Aids Project, stated
that as a resident of Palm Desert, it was impressive to watch the City Council
address important issues this evening and to observe the process. The
Desert Aids Project (DAP) commends the City for its commitment to develop
a Needs Assessment and for implementing the CDBG Program. It's well
known that the Coachella Valley has one of the highest HIV rates in
Riverside County, and through DAP and Department of Social Services,
communities benefit from the health and well-being of the entire Coachella
Valley, including Palm Desert. She said DAP is grateful for the support of
the CDBG Program on many of their projects, including their latest one, as
they move into the second to the last phase of their Emergency
Preparedness Generator Project. It's been a pleasure to work with the City's
Department of Special Programs, and this is the year they will plot the
generator. This project required a lot of electrical work and when she brings
forth their proposal, she will provide a beautiful schematic. With an
emergency generator and as a Federally qualified health center, DAP is
capable of providing disaster related medical care and shelter to the general
community. This generator project will help implement Palm Desert's City
Plan to assure access to affordable healthcare and to implement the
Emergency Preparedness element to minimize damage and loss.
Mayor Jonathan opened the CDBG application Process for FY 2018-2019, and left
the public hearing open.
39
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 2017
C. CONSIDERATION OF THE ESTABLISHMENT OF CERTAIN EMERGENCY
MEDICAL SERVICES COST RECOVERY FEES IN THE CITY OF
PALM DESERT.
Ms. Carney requested continuing this item to the meeting of January 11,
2018.
Mayor Jonathan declared the public hearing open and invited testimony on the
matter, and left the public hearing open.
Councilmember Harnik moved to continue the item to January 11, 2018. Motion
was seconded by Nestande and carried by 5-0 vote (AYES: Harnik, Kelly, Nestande,
Weber, and Jonathan; NOES: None).
XX. ADJOURNMENT
Councilmember Nestande stated she wished to change her vote to a "Yes"
on the Urgency Moratorium to avoid chaos and to show solidarity in the event
the City receives a lawsuit.
Mr. Hargreaves requested that the record show a 5-0 vote as requested by
Councilmember Nestande.
Mayor Jonathan asked if there were any objections, and there were none.
Ms. Rocha duly noted the change and agreed to make the revision
accordingly to Item XV-B3 Interim Urgency Ordinance No. 1333 to reflect a
5-0 vote.
With City Council concurrence, Mayor Jonathan adjourned the meeting at
10:03 p.m. `
ATTEST:
SABBY JONATHAN, MAYOR
GR CE L. ROCHA, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
40