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HomeMy WebLinkAbout2017-07-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 13, 2017 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Harnik convened the meeting at 3:01 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 Carlos Campos, Assistant City Attorney Rachelle D. Klassen, City Clerk Lori Carney, Director of Administrative Services Russell Grance, Director of Building & Safety Pedro Rodriguez, Acting 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 Lt. Coby Webb, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Andy Martinez, Admin. Sgt., Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Rocha, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 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: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite Nos. 210 and 212, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Janet M. Moore/City of Palm Desert Property Owner: City of Palm Desert Other Parties: County of Riverside, Board of Supervisors, 4'h District Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite Nos. 104 and 114, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Janet M. Moore/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 3) Property: APN 627-071-065 (Alessandro West Corridor Improvements) Negotiating Parties: Agency: Lauri Aylaian/Mark Greenwood/City of Palm Desert Property Owner: Michael J. Castelli Under Negotiation: x Price x Terms of Payment 4) Property: Tamarisk Utility Undergrounding Project, Proposed Easements on Amir Drive - Marrakesh Country Club Negotiating Parties: Agency: Lauri Aylaian/Mark Greenwood/City of Palm Desert Property Owner: Marrakesh Community Association 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 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 Assistant City Attorney Carlos Campos reported there is an item that came to the attention of City staff after the posting of the agenda, and because the City Council is going dark for the next two meeting, action needs to take place at this meeting. Therefore, a 4/5th vote is required to add the item to the agenda relating to temporary partial road closure of Larkspur Lane for the Hotel Paseo construction. Upon a motion by Weber, second by Kelly, and 5-0 vote of the City Council, the aforementioned item was added to the Agenda under Section XVI - New Business, Item H. With City Council concurrence, Mayor Harnik adjourned the meeting to Closed Session of the City Council at 3:03 p.m. She reconvened the meeting at 4:05 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Gina Nestande VII. INVOCATION - Mayor Jan C. Harnik VIII. AWARDS AND PRESENTATIONS A. PRESENTATION OF PROCLAMATION DECLARING "LEE ANNE VANDERBECK DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Harnik presented the proclamation to Ms. Vanderbeck and heartily congratulated her many accomplishments. Councilmember Kelly expressed her personal thanks to Ms. Vanderbeck for the great support and training afforded to the Joslyn Center Board of Directors. She also expressed her appreciation to the Board for the smooth succession by identifying the next director. She noted Board Members Eileen Packer and Karen Wendt were in attendance. Ms. Vanderbeck thanked the City Council and all those who have helped her along the way, stating many projects were completed that made a big impact on children, families, and seniors in the Valley, which was all accomplished as a team. She added that having a "Lee Ann Vanderbeck Day" was really cool. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 B. INTRODUCTION AND RECOGNITION OF THE 20TH EXPLORER ACADEMY GRADUATION. Deputy Crystal Freeman with the Sheriffs Department, introduced the following five Palm Desert Explorers who will be attending the 20th Basics Explorer Academy: Joseph Cienega Joseph Castro Cameron Van Dyke Steven Ocampo Christopher Pacheco The Explorers will go through a six -day live-in academy from July 23 through July 28. The course is designed to be an overview of law enforcement and takes place at the Ben Clark Training Center in Riverside. The Explorers are taught firearm familiarization, how to search buildings, how to march, what to do in active shooter scenarios, learn penal and vehicle codes, and cross -fit training. They are also taught self-defense, which is commonly referred to as the "Will to Survive," which is to never, ever, give up. When Explorers graduate from the program, they take life skills with them as they transition from youth to young adults, and into their professional careers. Lastly, she's very excited and thankful that the Department gets to send these five young men to the academy, because she knows they will come out stronger both mentally and physically. Mayor Harnik commented that the Program was very impressive. IX. ORAL COMMUNICATIONS - B None X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Mayor Pro Tem Sabbv Jonathan Committee Reports and General Comments. 1. CVAG Homelessness Committee - He reported CVAG Executive Committee approved the Path of Life Ministries contract to provide shelter and services to the homeless on the west end of the Valley. The good news is that the initial contract was for $850,000, and at that time, there was $700,000+ committed. Since then, two additional cities, Coachella and Cathedral City, have committed to the full $103,000 funding; there are still other cities considering participating. The best part is the Desert Health Care District is all in with a matching grant; therefore, the $515,000 thus far has turned into $1.030 million. He added that the contract with Path of Life Ministries 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 is scalable, so the more funding there is, the more services and shelter that can be provided. He's excited with this new direction, which is a housing first model, and with the program now well funded, it will be effective in addressing homelessness in the Valley, particularly in the west end where it is highly needed. 2. League of California Cities Mayor and Council Conference - He shared that while he didn't pick up as many new ideas, compared to the Annual Conference, which was super, he did have a list to share with the City Manager. Councilmember Nestande concurred, stating she too was hoping to get more new ideas. The one seminar she attended on Affordable Housing was an oxymoron, in that affordable housing is really hard to accomplish, stating everyone is looking for that magic answer on how to make homes more affordable. Mayor Harnik said she attended some of the break out sessions, and the one she found very valuable was the one presented by Dr. Lucy Jones, one of the authorities on earthquakes. She said Dr. Lucy provided information on what to do during and after an earthquake, adding she will sort and prepare her notes to have them distribute. 3. CPR / AED / First -Aid Safety Training - Mayor Pro Tem Jonathan shared he completed the training, which was provided at City Hall. He said the training took three-quarters of a day, but it was amazing and a very positive experience. He hopes it's something he never has to use, but if there is ever an incident, he felt equipped to step in and help. He encouraged those who have an interest to take the training. Lastly, he thanked the City and Risk Manager Stephen Aryan for facilitating it. 4. San Pablo Corridor Open House - He attended the open house that was held at City Hall. He said he's glad to see the project move forward and happy the City engaged the public to solicit feedback. Mayor Harnik agreed, stating the City received good feedback on ways to make the project better, and she knew it was all being taken in and will be acted upon. 5. Desert Valley Builders Association (DVBA) - Public Officials Luncheon - He attended the luncheon and received an update from the new Riverside County Supervisor Manual Perez. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 B. Councilmember Kathleen Kelly Committee Reports and General Comments. 1. Short -Term Rental Task Force - Councilmember Kelly reported the Task Force had a public session last Thursday, where staff rolled out a possible draft with revisions to the Ordinance and received robust input and comments that were extremely helpful. At this point, the Task Force is continuing to work with that input internally and is not taking time off during the summer. She encouraged those who have an interest in the topic to check the City's website regularly, because there will be progress to report in the coming weeks and release of that information will be posted and where feedback will be solicited. C. Councilmember Gina Nestande Committee Reports and General Comments. 1. Discovery Museum of the Desert - Councilmember Nestande stated that if anyone was looking for a charity to champion, the Museum was always looking for donations. D. Councilmember Susan Marie Weber Meeting Summaries Report for the Period of May 29 - June 11, 2017. With City Council concurrence, the Meeting Summaries Report was received and filed. 1 The Flower Bank - She said some may have noticed the flowers around City Hall, they came from Jim McDonald from The Flower Bank, a nonprofit organization. She said Mr. McDonald collects flowers from stores like Trader Joe's after the sellable period and takes them to the seniors, and the City has been benefitting from this effort. Additionally, he is always looking for volunteers to help put smiles on peoples faces. 2. Art In Public Places Commission (AIPPI - She reported that Deborah Glickman provided a wonderful presentation to the Al PP Commission on the design of the San Pablo Corridor, stating Commissioners were very appreciative of all the details provided on the project, and they felt informed and educated. E. Mayor Jan C. Harnik Committee Reports and General Comments. 1. Cannabis Committee - She reported the Committee had a meeting where there was a spirited conversation on the matter. The Committee is moving forward with an Ordinance that she believes will be fair and safe for Palm Desert. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 2. Southern California Association of Governments (SCAG) - She announced that SCAG will be getting another $40 million for active transportation plans and projects in the SCAG region, which are seven counties of southern California, not including San Diego. She said the region is usually not treated very well, even though it has 49% of the population. In the case of Cap and Trade, SCAG received 20% of the funds, which she felt was just unfair. F. City Council Requests for Action. 1. National Monuments to Tourism - Councilmember Kelly shared that an article in The Desert Sun by Scott White, there was a piece in which he explained the importance of national monuments to tourism throughout the Coachella Valley, and he concluded by urging jurisdictions to express their support for the retention of nearby national monuments. She wondered if this was an issue for the Legislative Affairs Committee to take up. Ms. Aylaian replied the Committee has not taken up this matter, but it can; she agreed to review it at their next meeting in September. Mayor Harnik shared she has signed petitions for this effort as a resident, adding anyone can voice their opinion by putting their name on petitions or sending a letter to local representatives as a single community member as well. 2. Leaislation on Eliminating IRS Credit for Interest on a Second -home Purchase - Mayor Harnik said the idea behind this legislation is good, because it would put money aside for affordable housing and farm workers. However, by doing away with the credit on mortgages for the interest paid, it will discourage people from coming to Palm Desert, adding this would become a regional issue, because the Valley has many second and third home buyers. She said buyers will look at this legislation and probably find it more attractive to go to Phoenix or some other place. Therefore, she felt it was important to take a position against this legislation, because the City generates its revenue from visitors, snow birds, and part-time residents. 3. Create the Citv's Smallest Park and Establish Landmark Designation for the Citv's Tallest Tree - Councilmember Weber stated the Cultural Preservation Committee has been very active these past couple of years, and one of the items that came up as a fun and entertaining project, which was her idea, was to have the City declare the smallest park with the tallest tree. The property is on the northwest corner of Portola Avenue and Highway 111, and the Committee determined 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 that the tree is sitting on the City's right-of-way. She added that the owner of the Arco Gas Station would be thrilled if it could be made part of Modernism Week as a stop and see site to hopefully have people shop in his store. She requested staff research this and finally make it happen. 4. President's Plaza - Mayor Harnik would like to meet with the owners to see if they can come to some meeting of the minds about putting together something for their site that is comparable to Palm Desert standards instead of what currently exists. G. City Council Consideration of Travel Requests/Reports. None XI. STAFF REPORTS AND REMARKS A. City Manager 1. City Manager's Meeting Summaries Report for the Period of June 12-30, 2017. With City Council concurrence, the Meeting Summaries Report was received and filed. Ms. Aylaian announced she will be on vacation from July 13 through July 28, and in her absence, Director of Public Works Mark Greenwood will be acting as City Manager. B. City Attorney Assistant City Attorney Carlos Campos introduced himself, stating he was with Best, Best & Krieger, and he was filling in for Bob Hargreaves who is currently on vacation. C. City Clerk Ms. Klassen called attention to the list of future meetings on the printed agenda, stating one can check the City's website to confirm if the meetings will be held, because some committees/commissions take a break during the summer. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 1. Request for Appointment of Voting Delegates for the League of California Cities Annual Conference, September 13-15, 2017, in Sacramento (Continued from the meeting of June 22, 2017). Mayor Harnik noted she will not be attending the conference. Mayor Pro Tem Jonathan volunteered to serve as the voting delegate or alternate. Councilmember Kelly said she had the privilege of being the voting delegate at the Southern California Association of Governments (SCAG) Conference, so it might be appropriate to serve as the alternate this time. With City Council Concurrence, Mayor Pro Tem Sabby Jonathan was appointed as the Voting Delegate and Councilmember Kelly as the Alternate to represent City of Palm Desert at the 2017 League Annual Conference in Sacramento. D. Public Safety 1. Fire Department None 2. Police Department None XII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 22, 2017. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 5/15/2017, 6/9/2017, and 6/16/2017. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 6/23/2017 and 6/30/2017 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of May 2017 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Minutes for the Meeting of April 12, 2017. 2. Audit, Investment & Finance Committee Meeting of May 23, 2017. Rec: Receive and file. F REQUEST FOR AUTHORIZATION to Apply For and Accept From the California Governor's Office of Emergency Services, Upon Grant Award, the 2017 Emergency Management Performance Grant Award in the Amount of $14,008. Rec: By Minute Motion: 1) Upon notification of the grant award, accept the FY 2017 Emergency Management Performance Grant (EMPG) through the California Governor's Office of Emergency Services (OES) in the amount of $14,008; 2) authorize City Manager to execute the 2017 EMPG application and all subsequent grant documentation. G. REQUEST FOR AUTHORIZATION to Refund Overcharge of Building Permit Fees to R. D. Olson Construction, Inc., for a Project at 51 Willow Ridge (Project #16-00069630). Rec: By Minute Motion, approve subject request to refund overcharge of Building Permit Fees in the amount of $2,144 to Permit Applicant R. D. Olson Construction, Inc., Irvine, California, for a project at 51 Willow Ridge, Project #16-00069630. H. REQUEST FOR DECLARATION of Vehicles and Equipment as Surplus and Authorize Disposal as Recommended. Rec: By Minute Motion, declare vehicles and equipment listed as surplus and authorize disposal as recommended. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 I. REQUEST FOR APPROVAL of Vendors on a Human Resources and Risk Management Authorized Vendors and Service Providers List for Fiscal Year 2017-2018. Rec: By Minute Motion: 1) Approve and authorize staff to use vendors on the Human Resources and Risk Management Authorized Vendors and Service Providers List for FY 2017-2018; 2) approve exception to bidding requirements, as provided for by Section 3.32.090 of the Palm Desert Municipal Code, for FY 2017-2018. J. REQUEST FOR APPROVAL of Vendors on an Authorized Public Safety Vendors List for Related Equipment Repairs, Equipment Purchases, and Specialty Services, Utilized by the Palm Desert Police and Fire Departments in Fiscal Year 2017-2018. Rec: By Minute Motion: 1) Approve and authorize staff to use vendors on the Palm Desert Public Safety Vendors List; 2) approve exception to bidding requirements, as provided for by Section Nos. 3.32.060, 3.32.065, and 3.32.090 of the Palm Desert Municipal Code for FY 2017-2018. K. REQUEST FOR APPROVAL of Special Programs Department's Authorized Vendor List for Fiscal Year 2017-2018. Rec: By Minute Motion: 1) Grant an exception to vendor bidding requirements, as provided for in Section Nos. 3.32.060 and 3.32.065 of the Palm Desert Municipal Code, for FY 2017-2018; 2) approve the Special Programs Department's FY 2017-2018 Authorized Vendor List. L. REQUEST FOR APPROVAL of Miscellaneous Event Sponsorship Expenditures for Fiscal Year 2017-2018. Rec: By Minute Motion, approve the following sponsorship expenditures for FY 2017-2018: 1) International Sports Festival in the amount of $26,000 payable to Desert Recreation District; 2) Modernism Week in the amount of $5,000 payable to Modernism Week; 3) Senior Inspiration Awards in the amount of $3,000 payable to Regional Access Project Foundation; 4) Restaurant Week in the amount of $3,500 payable to Greater Palm Springs Convention and Visitors Bureau; 5) Wildflower Festival in the amount of $8,000 payable to Friends of the Desert Mountains; 6) American Documentary Film Festival in the amount of $5,000 payable to Palm Springs Cultural Center; 7) Farmers Market Traffic Control in the amount of $13,000 payable to Tops 'N Barricades; 8) expenditures for each of the aforementioned sponsorships from Account No. 1104416-4306201. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 M. REQUEST FOR APPROVAL of a $50,000 Funding Commitment to the Coachella Valley Economic Partnership's (CVEP) 2017/2018 Fiscal Budget. Removed for separate consideration under Section XI I I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. N. REQUEST FOR APPROVAL of a Software Licensing Agreement to Purchase "Microsoft Office Professional Plus 2016," Using a Three -Year Enterprise Agreement as Provided by Vendor CDW-G Inc. Rec: By Minute Motion, approve the purchase of "Microsoft Office Professional Plus 2016," using a three-year Microsoft Enterprise Agreement purchase vehicle provided by and through CDW-G Inc., Vernon Hills, Illinois. O. REQUEST FOR AUTHORIZATION to Purchase Fertilizer Products from Crop Production Services for the Desert Willow Golf Resort in the Amount of $174,231.75. Rec: By Minute Motion, authorize Desert Willow Golf Resort to purchase fertilizer products from Crop Production Services, San Jacinto, California, for the Golf Resort in the Amount of $174,231.75 — funds are available in Course and Grounds Expenses Account, No. 5204195-4803100. P REQUEST FOR AWARD OF BID for Purchase of 150,000 Pounds of Grass Seed to Simplot Partners in the Amount of $156,332.80. Rec: By Minute Motion, award bid for purchase of 150,000 pounds of grass seed to Simplot Partners, Palm Desert, California, in the amount of $156,332.80 — funds are available in General Fund Account Nos. 1104610-4332001 - R/M Civic Center Park, 1104610-4337100 - R/M Tri-Cities Sports Facility, 1104611-4332001 - R/M Parks, 1104614-4337001 - R/M Medians, and 2764374-4332100 - R/M Haystack for the City's portion, and the Desert Willow Corporation will fund the balance. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 Q. REQUEST FOR AWARD OF CONTRACT to FG Creative, Inc., in an Amount Not to Exceed $32,000 to Provide First Weekend Marketing and Public Relations Services for Fiscal Year 2017-2018 (Contract No. C36250). Rec: By Minute Motion: 1) Award subject contract to FG Creative, Inc., Palm Desert, California, in an amount not to exceed $32,000 to provide First Weekend marketing and public relations services for FY 2017-2018; 2) authorize Mayor to execute said contract, allowing for City Attorney to make any non -substantive changes — funds are available in Account No. 1104417-4322200. R. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between Desert Sands Unified School District and the City of Palm Desert, As it Relates to Participation in the After School Program at Lincoln Elementary School (Contract No. C36260). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU, as it relates to the Lincoln Elementary School After School Program — funding in the amount of $75,000 was included within the FY 2017-2018 Budget, Account No. 1104800-4389201, for this Program. S. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between Desert Sands Unified School District, Palm Desert Charter Middle School, and the City of Palm Desert, As it Relates to Participation in the After School Program at Palm Desert Charter Middle School (Contract No. C36270). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU, as it relates to the Palm Desert Charter Middle School After School Program — funding in the amount of $75,000 was included within the FY 2017-2018 Budget, Account No. 1104800-4389201, for this Program. T REQUEST FOR APPROVAL of a Modification of South Coast Air Quality Management District Contract for Mobile Source Air Pollution Reduction Review Committee Clean Transportation Funding, Local Government Match Program (Contract No. C35030B). Rec: By Minute Motion, authorize City Manager to execute Modification No. ML16072A to Mobile Source Air Pollution Review Committee Clean Transportation Funding, Local Government Match Program Contract No. ML16072, to extend the term of said contract. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 U. REQUEST FOR RENEWAL of Contract with the Law Firm of Liebert Cassidy Whitmore (LCW) in the Amount of $5,395.50 to Maintain the City's Membership in the Coachella Valley Employment Relations Consortium (Contract No. C21528). Rec: By Minute Motion: 1) Approve subject contract with Liebert Cassidy Whitmore, Los Angeles, California, for membership in the Coachella Valley Employment Relations Consortium — funds are available in Account No. 1104154-4312101; 2) authorize the City Manager to execute said contract — funds are available in the FY 2017-2018 Human Resources Citywide Training Account, No. 1104154-4312101. V. REQUEST FOR EXTENSION of Contract with Glyn Donald Gray d.b.a. GDG for Operation of the El Paseo Courtesy Cart Service (Contract No. C35631). Removed for separate consideration under Section XI I I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. W. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35760 — Maintenance Yard Lighting Installation (South End) (Project No. 715-17) (Sierra Pacific Electrical Contracting, Jurupa, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. X. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35830 — Traffic Signal and Sidewalk Repairs - Cook Street and Frank Sinatra Drive (Project No. 578-17) (DBX, Inc., Temecula, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Y. REQUEST FOR APPROVAL OF Palm Desert's 2017 Fall Concert Series. Rec: By Minute Motion, approve/authorize: 1) 2017 Fall Concert Series schedule; 2) Contract No. C36280A with Gary Grantham d.b.a. The Long Run in the amount of $4,050; 3) Contract No. C36280B with The Dustbowl Revival, LLC, in the amount of $4,500; 4) Performance Agreement (Contract No. C36280C) with The Kurland Agency in conjunction with The Dustbowl Revival Performance; 5) Contract No. C36280D with Carl Nelson, resident of Mission Viejo, California, in the amount of $1,550; 6) Contract No. C36280E with Downbeat L.A., LLC, in the amount of $3,500; 7) Mayor to execute said contracts; 8) miscellaneous expenditures in an amount not to 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 exceed $18,400 for production of the 2017 Fall Concert Series; 9) City Manager to make changes to Tine -up and performers, if necessary — funds are available in Account No. 1104416-4306101. Z. REQUEST FOR APPROVAL of the 2017 Palm Desert Golf Cart Parade, Sponsorship, and Expenditures — Sunday, October 29. Rec: By Minute Motion, approve/authorize: 1) Palm Desert Golf Cart Parade scheduled for Sunday, October 29, 2017; 2) El Paseo and Larkspur road closures for the event; 3) consumption/possession of alcoholic beverages on public property, pursuant to Palm Desert Municipal Code Section 9.58.040; 4) sponsorship for event in the amount of $35,500 payable to the Palm Desert Area Chamber of Commerce from Account No. 1104416-4306201; 5) sponsorship of in -kind Public Works services; 6) expenditure in an amount not to exceed $5,000 for construction of the City's golf cart float from Account No. 1104416-4306101. AA. REQUEST FOR APPROVAL of Westfield Palm Desert's 2017 STREET Event Sponsorship — Friday, November 3 (Contract No. C36290). Rec: By Minute Motion, approve/authorize: 1) Sponsorship in the amount of $20,000 for Westfield Palm Desert's STREET event scheduled for Friday, November 3, 2017; 2) staff to finalize negotiations of contract with Westfield Palm Desert for the 2017 STREET event and Mayor to execute same, subject to satisfaction of the City Attorney; 3) expenditure in the amount of $20,000 payable to Westfield Palm Desert from Account No. 1104416-4306201. BB. REQUEST FOR APPROVAL of 2018 Swing `NHops Street Party and Award of Event Management Contract to FG Creative, Inc. — Saturday, February 3 (Contract No. C36300). Rec: By Minute Motion, approve/authorize: 1) Swing `N Hops Street Party scheduled for Saturday, February 3, 2018; 2) road closure on El Paseo between San Pablo Avenue and Larkspur Lane for the event; 3) consumption/possession of alcoholic beverages on public property, pursuant to Palm Desert Municipal Code Section 9.58.040; 4) award of contract to FG Creative, Inc., Palm Desert, California, for professional event management and marketing/public relations; 5) staff to finalize negotiations of subject contract with FG Creative, Inc., and Mayor to execute same, subject to satisfaction of the City Attorney; 6) expenditure in the amount of $46,000 payable to FG Creative, Inc., from Account No. 1104416-4306101. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 CC. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract 36874 - The Retreat at Desert Willow - and to Accept a Maintenance Bond in the Amount of $77,324.05 (Portola PD, LLC, Applicant). Rec: By Minute Motion: 1) Release improvement security for Tract 36874 - The Retreat at Desert Willow; 2) accept a Maintenance Bond for the project in the amount of $77,324.05. Mayor Pro Tem Jonathan ABSTAINED from the vote on Item CC, and it was approved 4-0-1 (AYES: Kelly, Nestande, Weber, and Harnik; NOES: None; ABSTAIN: Jonathan). Mayor Harnik asked that Item M be removed for separate consideration under Section XIII, Consent Items Held Over. Mayor Pro Tem Jonathan asked that Item V also be removed for separate consideration, and then registered his abstention on Item CC. Upon motion by Nestande, second by Kelly, and 5-0 vote of the City Council (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None), with the exception of Item CC, which Mayor Pro Tem Jonathan Abstained, the remainder of the Consent Calendar was approved as presented XIII. CONSENT ITEMS HELD OVER M. REQUEST FOR APPROVAL of a $50,000 Funding Commitment to the Coachella Valley Economic Partnership's (CVEP) 2017/2018 Fiscal Budget. Mayor Harnik said she had no questions and absolutely supported the commitment, the only thing she asked was for payment to CVEP be expedited as soon as possible. Responding to question, she said there was nothing pressing, but she was fully aware of how they function, and she wants them to do the best job they can. Ms. Aylaian responded that staff should be able to process a check by next Friday. Councilmember Nestande moved to, by Minute Motion, approve a funding commitment of $50,000 to the Coachella Valley Economic Partnership's (CVEP) 2017/2018 fiscal budget — funds have been included in the approved FY 2017-2018 General Fund Budget under Economic Development Dues, Account No. 1104430-4363000, with payment to CVEP to be expedited as soon as possible. Motion was seconded by Kelly, and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 V. REQUEST FOR EXTENSION of Contract with Glyn Donald Gray d.b.a. GDG for Operation of the El Paseo Courtesy Cart Service (Contract No. C35631). Mayor Pro Tem Jonathan stated he was in favor of renewing the contract, but for a year or two there has been discussion on alternatives that would be more creative and innovative for providing transportation on El Paseo. One of the alternatives that other cities have actually implemented very successfully is that they joined with a company called "Free Ride," it's essentially an electric shuttle. He said it's really cool because you can use an app to have them come to you and you can see where they are at, adding it was similar to the shuttle, but this would take it to the next level. The service can be funded by advertising on the electric vehicle, costing the City Tess and possibly zero, because it has in other communities. Another alternative might be for the City to purchase a cart and have volunteers drive them, in the same way that we have COPS (Citizens on Patrol) or volunteers at The Living Desert, etc. The City could also consider driverless vehicles, stating staff can talk to the folks at Tesla and see if they can use El Paseo as a test site, adding he believed there are options out there that are worthy of exploration. Therefore, he requested staff study these alternatives and prepare a white paper for next year's budget. Ms. Aylaian said given the number of projects staff has undertaken at this time, it would be more appropriate to go over the pros and cons of any options during next year's budget process along with other proposed new projects. Mayor Harnik stated there is a lot to go over during the budget, so a study session prior would be a more effective route, because this topic deserves a good discussion. Councilmember Weber agreed, because the concept of advertising has come up several times and it's kind of a touchy subject about what the City would allow to be advertised, including considering the option of buying or leasing the carts. Ms. Aylaian pointed out that the City owns the courtesy carts that are now being driven. However, she was reluctant to commit to tackling a new subject that has so many variable before the end of this calendar year, but certainly there could be a discussion or study session separate from next year's budget process. Mayor Pro Tem Jonathan said he didn't see a rush other than to provide enough time to implement an alternative before it is faced with renewing next year's contract for the shuttle, should the Council choose to do so. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 Councilmember Kelly stated that when the City Manager states staff is on the verge of overload, Council should take heed so not to create an unreasonable expectation. Mayor Harnik agreed this was not something staff had to do before the end of the Calendar year, because the City is covered for that service with this contract, but she believes this issue deserves discussion. Councilmember Kelly moved to, by Minute Motion: 1) Approve extension of contract with Glyn Donald Gray d.b.a. GDG, Palm Desert, California, in an amount not to exceed $115,000 ($110,500 for scheduled and special event hours and $4,500 for vehicle maintenance and repairs) for operation of the El Paseo Courtesy Cart Service commencing October 13, 2017, through May 28, 2018; 2) authorize Mayor to execute said contract, allowing for City Attorney to make any non -substantive changes — funds are available in the approved Fiscal Year 2017-2018 Budget in Account No. 1104416-4368100 - Courtesy Carts. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). XIV. RESOLUTIONS None XV. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1326 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE SECTION 10.48.040(B), PERTAINING TO NO -PARKING AREAS. Mr. Greenwood explained that the Public Works Department receives occasional complaints about vehicles parking within intersections, usually along the curve part at the curb of the intersection. The City's Municipal Code requires painting the curb red if it wants to prohibit parking at intersections, and staff is reluctant to be chasing these parking issues all around town with red curbs. However, State law allows the City to simply blanket and prohibit parking at those curbs. In fact, the default of the State is no parking in the intersections, and it's the City's Code that has soften that requirement, which he believes was an inadvertent action way back in the 1970's. This is an issue that has come to the City for many years, but staff had not had time to really get to it. However, he's happy to report that with the addition of Heather Horning, the new Senior Management Analyst in 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 the Public Works Department, has hit the ground running and grabbed onto this issue, with this being her first staff report. Mayor Pro Tem Jonathan stated that if the curb is not painted red, how would a motorist know they are prohibited from parking there, questioning if the City was being unintentionally deceptive. Mr. Greenwood said the State default is to not park at intersections, and it's the City's Code that has allowed it. Councilmember Weber stated that for clarification, she understood Mr. Greenwood to say this only applied to rounded curbs, not curbs on the street, because she's seen those in her neighborhood where it's a safety issue. She wondered what it would cost to have them painted and maintained, because how else will people know. She asked if the Sheriff's Department would be issuing warning tickets. Mr. Greenwood replied that the City didn't have a robust enforcement program, it's pretty much catch if you can, and the problem isn't immense; it just happens occasionally in certain locations. He's hopeful the City will do some kind of a warning program rather than writing a lot of citations. Councilmember Weber commented that the Ordinance doesn't mention the City will educate and warn people, but it is the way it addresses issues. Councilmember Kelly moved to waive further reading and pass Ordinance No. 1326 to second reading. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). B. For Adoption: None XVI. NEW BUSINESS A. CONSIDERATION OF A SPONSORSHIP REQUEST FOR FASHION WEEK EL PASEO AND PALM DESERT FOOD & WINE FESTIVAL 2018, AND RELATED EVENT AUTHORIZATIONS. Economic Development Manager Ruth Ann Moore called attention to Item No. 2 of the motion where the Account number should read 1104416- 4306201. She then presented a brief video of the 2017 Fashion Week El Paseo and Palm Desert Food & Wine Festival. She said this last spring, 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 Fashion Week completed its 13'h year and Food and Wine its 7'h year. Fashion Week had a 10% increase over 2016 for a total attendance of 12,400, and the Food & Wine Festival had a 37% increase with attendance reaching 4,530. Based on attendees feedback and overall key performance indicators, 2017 was a banner year, setting new benchmarks for future comparison. A large part of the success was due to the increase funding from the City, which elevated the quality of the event both at the front of the house and at the back of the house by enhancing the kitchens and having additional personnel. At the City Council's request, staff worked with Palm Springs Life (PSL) to develop a five-year plan for both events, which includes immediate and long-term goals. Given the increase cost and the five-year plan to continue building both Fashion Week and Food & Wine Festival into world -class events, staff recommended approval of the five-year agreement with a yearly sponsorship of $300,000. The five-year plan has specific goals for achievement in ticket sales, attendance, economic impact, and revenue. While the request for the City's sponsorship remains the same, Palm Springs Life goals includes raising new revenues and sponsorships so that the City's total percentage of funding for the event's decrease. Tourism and Marketing Manager Thomas Soule reported that from a tourism and marketing perspective, the events provide duel benefits to the City. The first benefit is that they bring visitors to the City to stay, dine, shop, and attend the events. A survey of the 2017 ticket buyers found that 33% of the Fashion Week El Paseo attendees came from out of market, and 17% of them came specifically for the event. For the Food & Wine event, 53% of attendees came from out of market and 35% of them came specifically for the event. He noted visitors align with the guests they are trying to reach through the City's marketing program, for example, 74% of the attendees fall between the ages of 43 and 65, and 30% of them earn more than $250,000 annually. The second benefit is the economic impact of these events using a formula provided by the Greater Palm Springs Conventions and Visitors Bureau, where the two events in a tandem provide an estimated economic impact of $4 million in 2017 alone. In addition, these events helped unite and elevate the brands of both El Paseo and City of Palm Desert by providing marketing, public relations, and media coverage valued at more than $16 million. In 2017, Palm Springs Life rose to the challenge set by Council to elevate the events in both quality and quantity, and the proposed five-year plan extends this growth and promises to continue the path forward to building Fashion Week El Paseo and the Food & Wine Festival into world -class events. He noted representatives from Palm Springs Life were in attendance to answer questions. Councilmember Nestande said she, Mayor Pro Tem Jonathan, and staff sat down with the folks from Palm Springs Life, and they made a great case for 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 the continued sponsorship, adding that Mayor Pro Tem Jonathan confirmed the numbers. Mayor Pro Tem Jonathan reported he did review the detailed financial report that was provided to him by Palm Springs Life and was convinced that the additional expenses were appropriate. With regard to the additional funding, if utilized properly, will result in a more effective, successful, and a bigger event over this next five-year plan. He is also pleased that there are measurable standards that will enable the City to measure success and evaluate return on investment. He added that even though the City has had a good relationship with PSL and they have helped the City achieve the stature of a wonderful signature event, should something go south, there is a determination clause under Section 4.2 that with/without cause or should the results not meet the expectations, the City had an out. However, for many reasons, this was an opportunity to make the events even better over the next five years, stating he supported the recommendation from staff. Councilmember Kelly shared, she appreciated the time spent with each Councilmember to explain how the City's contribution was applied this past year to enhance the quality of the event, which served to identify additional things it needs to do to take it to the next level. She appreciated staff going over all of the details and is quite pleased with what is being proposed. Councilmember Weber thanked Palm Springs Life for their work on the events, specifically Thomas Soule who brought fresh ideas for tourism and marketing, including Ms. Moore for hanging in there while these events went through all the ups and downs and all the work she's done to bring these events to fruition. She said Ms. Moore kept telling Council to be patient with the events in that they would rise to be signature events for the City. Also, she liked the idea and confidence of doing a five-year plan. Mayor Harnik stated that comments from Council sounded like glowing remarks, adding they're happy to have these events and thankful to Palm Springs Life for having the vision to make them much more; it's a great investment for the City. Mayor Pro Tem Jonathan moved to by Minute Motion: 1) Approve a five-year sponsorship agreement with annual funding of $300,000 for Fashion Week El Paseo and for Palm Desert Food & Wine Festival; 2) appropriate an additional $75,000 from Unobligated General Funds to Community Sponsorships for the Fiscal Year 2017-2018, Account No. 1104416-4306201 (current funding in the account is $225,000, and the additional appropriation will bring total funding to $300,000); 3) authorize use of the north side of Shadow Mountain Drive behind The Gardens On El Paseo for valet parking; 4) authorize waiving of all City -assessed permit and inspection fees pertaining to event; 5) authorize Mayor to execute the related sponsorship agreement, allowing the City 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 Attorney to make any non -substantive changes (Contract No. C36310), subject to the correction of the account number. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). B. REQUEST FOR AWARD OF CONTRACT TO THE NATELSON DALE GROUP, INC., IN AN AMOUNT NOT TO EXCEED $97,030 FOR UPDATE OF THE ECONOMIC DEVELOPMENT STRATEGIC PLAN (CONTRACT NO. C36320). Economic Development Manager Ruth Ann Moore stated that part of the City Manager's goals is to update the City's Economic Development Strategic Plan (EDSP). The new EDSP will compliment the recently updated General Plan with an expansion of the City's economic development programs. Staff went out for Request for Proposals (RFP) this past May and received nine submissions. A Committee of internal staff and Joe Wallace from Coachella Valley Economic Partnership was formed to review proposals. The selection was narrowed to three candidates, which were interviewed by the Committee that included Councilmembers Jonathan and Kelly. The Committee recommended award of contract to The Natelson Dale Group, Inc., and it is before the City Council for approval. This project will take five to six months, with the outcome being an action -oriented plan that reflects Palm Desert's unique development opportunities. MR. ROGER DALE, Natelson Dale Group, Inc., stated they are an economic development consulting firm in Southern California, and they have been in business for about 40 years, primarily serving local government agencies on economic development strategic planning and also real estate development planning. He expressed appreciation for being considered and excited of the possibility of working with the City. He shared he was aware the City had done a lot of planning in recent years that focused on areas related to economic development, including the Envision Palm Desert, General Plan Update, University Area Plan, and Highway 111 Development Corridor. He believed this project was a continuation of that process, but focused more specifically on economic development opportunities within the City. The firm will take a comprehensive look at the economic activities and industries that drive the local economy when things are strong and continue to be strong, as well as identifying new opportunities for different industries that Palm Desert might diversify into. Then they will connect all that information back to the City's physical environment, land use settings, and places where that new development could occur, and focus on specific recommendations on strategies that the City can pursue to go after those targets. Those targets can be expanding or retaining existing businesses to address sectors that might be under stress. Any community that has retail, in this day and age, has to be concerned about maintaining a Tong -term viable base of retail, which is something they will specifically look at to provide an opportunity to 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 diversify. One of the key elements to their approach is a robust stakeholders outreach plan, which will include members of the business community, community partners like CVEP, and other regional partners working together to identify how the City can best leverage those relationships and partnerships to move forward with the opportunities that they identify. He thanked the Council for the opportunity and happy to answer any questions. Mayor Pro Tem Jonathan stated that one of the things that impressed him about their presentation was that it was action oriented. It's his understanding that at the end of the process, the City will end up with an action plan or road map laying down the groundwork for action in the foreseeable future to generate economic development. MR. DALE agreed, stating they are not preparing a study, even though there is one initially in order to get oriented to what the opportunities are, but in their mind, the real work product is an action plan that will be specific; it will be prioritized and phased over time. Also, where appropriate, create opportunities to leverage the City's own resources through partnerships. Councilmember Weber moved to, by Minute Motion: 1) Approve award of subject contract to The Natelson Dale Group, Inc., Yorba Linda, California, in an amount not to exceed $97,030 for work and expenses associated with update of the Economic Development Strategic Plan; 2) authorize Mayor to execute the agreement, allowing the City Attorney to make any non -substantive changes — funds are available in Fiscal Year 2017-2018 Economic Development Budget and will be attributed to Professional - Other Administration, Account No. 1104430-4309000. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). C. REQUEST FOR APPROVAL OF THE PRELIMINARY DESIGN FOR IMPROVEMENTS TO THE SAN PABLO AVENUE CORRIDOR, AND DIRECT STAFF TO PREPARE FINAL CONSTRUCTION DRAWINGS. Principal Planner Eric Ceja expressed his excitement on showing the City Council the San Pablo Avenue Corridor Plan, because it's not something that will sit on a shelf, but it executes the General Plan that was approved in January 2017. With the City's Strategic Plan there were goals to create a mix -use core and enhance Palm Desert as a first-class destination that translated in the General Plan to create a City Center that was mix -use, walkable and lively, and established San Pablo Avenue and Highway 111 as the epic center for that downtown. With the General Plan there were three design options that were presented for the San Pablo improvements, and the City held a San Pablo Event in May 2016, and received overwhelming positive reviews. This past year staff looked at those design options and contracted with Sergeant Town Planning to see what design would fit given today's existing conditions, and the proposed plan accommodates all those 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 goals. He displayed renderings of the improvements that include extending the sidewalks 15 feet on both sides, executing a road diet and narrowing the lanes for providing on -street parking there in the center median, and a roundabout at San Gorgonio Way. The plan is able to protect bike lanes by widening them out to 8 feet and also provide a 2-foot buffer between the travel way for vehicles and bikes, including parking on both sides of San Pablo Avenue, straightening out the road out and adding mid -block crossings at the existing bus stops. They also plan to provide improvements to the Community Gardens. From Fred Waring Drive going north toward the City Hall entrance, the Plan will still accommodate road traffic with the road diet, angled parking along Civic Center, and parallel parking on the College of the Desert side, and a protected bike lane at 7'/2 feet wide on each side of the street. There will also be a roundabout at the entrances to College of the Center and Civic Center Park, and then continue with a road diet all the way down to Magnesia Falls that will tie in with CV Link. The City plans to remove the existing Tamarisk Trees and provide parallel parking there. To accommodate the CV Link, the plan is to leave a 30-foot segment along College of the Desert to transit CV Link onto San Pablo. The preliminary renderings displayed still need to be punctuated with art, furniture, and pedestrian lighting. If approved today, staff is looking to work with the Economic Development team to establish economic development programs for that core and further coordinate with CVAG on the CV Link. Staff recommended approval of the concept, which will allow to move forward with construction drawings and design build. Staff is still looking at the timing and phasing of the project, and hopes to work with a design build firm to start construction next summer. Mayor Pro Tem Jonathan stated that when the City held the Vision San Pablo event, there were things to do and reasons for people to go there. It appears that the design Council is looking at continues that motive of not only providing friendly pedestrian and bicycling areas, it also creates various event spaces designed to facilitate events, giving people reasons to go to the City Core. Mr. Ceja concurred, stating that when looking at design concepts, staff considered two types of events, those that can be held regularly, including larger events that happen infrequently. He said the site has accommodated various types of events to occur within the space. Councilmember Kelly inquired about what types of questions or concerns were expressed at the San Pablo Open House. Mr. Ceja responded there were about 50 or 60 people that attended the community open house on Tuesday. Most reviews were very positive in that people liked the idea of having more shade trees and making it more 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 comfortable. The two concerns staff heard regarding the improvements had to do with parking within the commercial core, but the City is maintaining a net of the existing parking. Also, there was some concern about roundabouts and peoples unfamiliarity with/or experience with them. Councilmember Kelly asked if staff saw other opportunities for parking as the project develops, for example, added parking behind establishments. Mr. Ceja said yes, stating not only is parking being provided as part of the plan, but staff is looking behind the buildings and some of the surrounding streets like Alessandro for additional parking. Also, as part of the economic development programs, they will be looking for additional parking as well. Councilmember Kelly was glad to hear staff will pursue additional parking, because while the City is trying to facilitate bicycling and walking, and if successful in making this an attractive destination, it will attract a lot of vehicular traffic. It's good to hear there are options that can be refined as the project progresses. Mayor Pro Tem Jonathan pointed out there is cities that intentionally reduce and limit parking, knowing it's an inconvenience to some drivers, but it's been an effective method of encouraging alternative transportation. He said if you give people a reason to go to an event, but there's no parking, some will walk, ride a bicycle, take a shuttle, etc. The concerns raised about parking are 100% valid, but suggested not assuming that traditional formulas are necessarily the best for what the City has in mind. Councilmember Kelly said she's please staff will continue to assess, because a study was just published in the newspaper today indicating that 63% of people in one whole choose not to go to a specific retail location if they anticipate problems parking. Therefore, the City will want to balance all these considerations. Councilmember Nestande concurred, stating that with the hot temperatures here in the Desert, she would guess many wouldn't want to walk or ride a bike in 110 degrees, not even for a short distance. Mayor Harnik recalled for Council that the Envision San Pablo was loaded with people where it was estimated there were a couple of a thousand throughout the day, and there weren't complaints about parking. She added there was a net gain of six parking spaces the way it was configured. Also, a lot of ideas for parking were provided at the open house as well. Therefore, she believed there will be a lot of people on their bikes or walking to the site for at least eight months out of the year. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 Councilmember Weber stated parking probably won't be an issue in five years, because everyone will be using those driverless vehicles to be dropped off and picked up and it won't even be an issue. However, she liked the idea that this project was flexible and things can be figured out as it moves forward for the best outcome. She thanked everyone who worked on this project, stating she's so proud of the City for putting it together and working as a team. Mayor Pro Tem Jonathan noticed that in the staff report under Fiscal Analysis, he didn't see grants being listed as a funding source. Given this project potentially reduces vehicle traffic, he thought perhaps there would be Southern California Association of Governments (SCAG), State, or national grants that would apply as there was for the Envision San Pablo Event. Mr. Ceja agreed, stating there are potential grants for projects like this and staff will definitely looked into them. Mayor Harnik added that because of this type of planning and project, there was a grant from SCAG for the Go Human Programs and Plans, stating they received it from the Federal Highway Administration, a Planning Excellence Award due to this and other projects like it. She said she had a staff report on it, which she will share with Planning and Public Works. Councilmember Weber moved to, by Minute Motion, approve the Final Preliminary Design for the San Pablo Avenue Corridor Plan, and direct the Public Works Department to commence with the preparation of construction drawings for build -out of the Corridor. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). D. REQUEST FOR AUTHORIZATION TO BID FOR THE PURCHASE AND INSTALLATION OF REPLACEMENT CARPET IN THE DESERT WILLOW GOLF RESORT CLUBHOUSE, AND AUTHORIZE CITY MANAGER TO AWARD CONTRACT IN AN AMOUNT NOT TO EXCEED $100,000 (CONTRACT NO. C36330). Mr. Greenwood stated the carpet in the Desert Willow Golf Resort Clubhouse is showing its age of about 10 years and it's time to replace it. Staff would like to alter its usual bidding and award slightly, in this case, due to scheduling requirements. With budgets getting started in July and the need to replace the carpet while the golf course is shut down, staff requests that Council authorize the City Manager to award the contract, which will otherwise comply with the bidding requirements. Mayor Pro Tem Jonathan shared that while he addressed this issue at the Desert Willow President's Committee, and after going to the Clubhouse for 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 so many years, he learned there is a Chihuly chandelier in the lobby, and it's beautiful. Councilmember Kelly moved to, by Minute Motion, authorize: 1) Bidding for the purchase and installation of replacement carpet in the Desert Willow Clubhouse; 2) City Manager to award project to the lowest responsive bidder in an amount not to exceed $100,000; 3) City Manager to execute any documents necessary to award said project — funds are budgeted for Fiscal Year 2017-2018 and are available in Account No. 4414195-4809200. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). E. REQUEST FOR APPROVAL OF A MASTER EQUIPMENT LEASE - PURCHASE AGREEMENT BETWEEN THE DESERT WILLOW GOLF RESORT AND PNC EQUIPMENT FINANCE, LLC, FOR TURF STAR, INC., GOLF COURSE MAINTENANCE EQUIPMENT IN THE AMOUNT OF $1,508,484 ($301,696.80/YEAR) FOR A TERM OF 60 MONTHS (CONTRACT NO. C36220). Mr. Greenwood reported the course maintenance equipment is due to be replaced and staff was recommending approval of the proposed lease. Mayor Pro Tem Jonathan thanked Mr. Greenwood for answering his questions previously, stating the current proposal results in annual expenditures of $28,000 less than what the City had been paying in the past. Mayor Pro Tem Jonathan moved to, by Minute Motion: 1) Approve a Master Equipment Lease -Purchase Agreement between the Desert Willow Golf Resort and PNC Equipment Finance, LLC, for Turf Star, Inc., golf course maintenance equipment in the amount of $1,508,484 ($301,696.80/year) for a term of 60 months; 2) authorize Mayor to sign the Master Equipment Lease -Purchase Agreement; 3) declare list of Trade -In Equipment as surplus, and apply the trade-in value of $108,261 to cost of the new equipment — funds are available in Account No. 5204195-4809100 - Golf Course Expenses. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). F. REQUEST FOR APPROVAL OF THE MANAGEMENT DISTRICT PLAN FOR, AND ORDER THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN, THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-2018. Deputy City Treasurer Thomas J. Metz stated this request is based upon receipt of the Final Engineer's Report by Willdan Financial Services. Councilmember Weber moved to waive further reading and adopt: 1) Resolution No. 2017 - 54, approving the Management District Plan for the President's Plaza I Property 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 and Business Improvement District for Fiscal Year 2017-2018; 2) Resolution No. 2017 - 55, ordering the levy and collection of annual assessments within the President's Plaza I Property and Business Improvement District for Fiscal Year 2017-2018. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). G. REQUEST FOR APPROVAL OF THE MANAGEMENT DISTRICT PLAN FOR, AND ORDER THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN, THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-2018. Deputy City Treasurer Thomas J. Metz stated this request is based upon receipt of the Final Engineer's Report by Willdan Financial Services. Councilmember Kelly stated that compared to President's Plaza I, it appears that this District does not include solid waste removal and wondered why that was the case, since there are receptacles in that District. MS. JOSEPHINE MOSES, Willdan Financial Services, replied she didn't have the answer, but it could potentially be they are utilizing other sources to Refuse Solid Waste, but she will have to go back and research it. Councilmember Kelly said it wasn't key, she just thought there might be some history she could learn. Councilmember Kelly moved to waive further reading and adopt: 1) Resolution No. 2017 - 56, approving the Management District Plan for the President's Plaza III Property and Business Improvement District for Fiscal Year 2017-2018; 2) Resolution No. 2017 - 57, ordering the levy and collection of annual assessments within the President's Plaza III Property and Business Improvement District for Fiscal Year 2017-2018. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY 5-0 VOTE. H. REQUEST FOR APPROVAL OF A TEMPORARY PARTIAL ROAD CLOSURE OF LARKSPUR LANE FROM JULY 21, 2017, THROUGH SEPTEMBER 1, 2017, FOR THE HOTEL PASEO CONSTRUCTION. Economic Development Manager Ruth Ann Moore stated this request was for a road closure to assist in the continuation construction of the Hotel Paseo. The reason it's an emergency item, is because staff received the request just yesterday, stating the developer was unaware that City Council 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 meetings would be dark for part of the summer. The proposed closure is just south of the entrance to The Gardens and up to Shadow Mountain. She noted that the entrance to The Gardens will not be affected. The developer will provide all fencing and K-rail for the closure of the street to the public. Over the next six weeks, there will be heavy equipment and cranes delivered to the site, along with major fixtures and finishes going into the hotel. The closure will allow for a safe area away from the public traffic for offloading of equipment to continue expediting of the construction of the hotel. The developer will be responsible for both the maintenance of the area during the closure and any damage that may occur. The closure has been reviewed by the manager of The Gardens and he does not feel it will affect his business during the summer months, adding that the sidewalk along The Gardens will also remain open to the public. Mayor Pro Tem Jonathan asked if the residents on Shadow Mountain would be adversely affected. Ms. Moore replied she didn't believe so because they have easy access to both San Luis Rey and San Pablo Avenue. Mayor Pro Tem Jonathan noted that when on Larkspur heading south to Shadow Mountain, to make a left turn to go east, that corner is obstructed partly because there has been fencing and occasionally building materials. He felt it was a dangerous corner if you want to venture into Shadow Mountain because you can't see if there is oncoming traffic. He suggested that when construction is finished that staff ensure there is a clear line of sight for those wishing to make a left turn at that corner. Ms. Moore agreed to review that issue with Director of Public Works. Mayor Harnik stated it will be a temporary inconvenience, but for safety reason, it was prudent to close it off. However, there is stiff access to the parking garage on the other side. Councilmember Kelly moved to, by Minute Motion, approve a temporary, partial street closure of Larkspur Lane from July 21, 2017, through September 1, 2017, for the Hotel Paseo construction. Motion was seconded by Nestande and carried by a 5-0 vote. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 XVII. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION TO BALLOT THE PALM GATE LIGHTING AND LANDSCAPE DISTRICT PROPERTY OWNERS TO INCREASE THE ANNUAL ASSESSMENT LEVY, EXPEND AN AMOUNT NOT TO EXCEED $9,500 FOR PREPARATION OF THE ENGINEER'S REPORT AND BALLOTING SERVICES WITH WILLDAN FINANCIAL SERVICES, LOAN AN AMOUNT NOT TO EXCEED $40,000 FOR LANDSCAPE IMPROVEMENTS, AND ESTABLISH A PROCEDURE TO RECAPTURE THESE EXPENDITURES FROM THE ANNUAL ASSESSMENT LEVY (Continued from the meeting of May 11, 2017). Landscape Supervisor Randy Chavez stated that at the May 11 meeting, staff submitted a report to remediate safety issues caused by the palm trees at the Palm Gate development. At that meeting, Council directed staff to come up with other options and to think outside the box, including the possibility of installing more trees once the hazardous trees are removed. In an effort to improve the landscape, staff determined that more funds were needed in order to accomplish the task. Staff conducted an informal survey of all the residents in the Palm Gate Development to see if there was interest in raising the levy, including holding a community meeting to discuss all the options and potential trees. The meeting was well attended and staff received good feedback. Additionally, several homeowners took the liberty to champion the cause by spreading the word house to house and rallied the residents. He said 68% of the surveys received were in favor of the levy increase. He displayed photographs of the Mexican fan palm trees staff is planning on removing, stating they are hazardous and they tend to lean into adjacent properties. However, staff plans to leave the 14 California palm trees, because they are out of the target areas and they won't potentially cause damage if they are pruned, which is part of the recommendation. He also displayed some of the plant materials they potentially plan to use, and talked about the various trees that could potentially be planted. They also asked the property owners what they would like to see, which staff will take into consideration. MR. JIM SCHMID, Daylily Circle, expressed his support for the proposal. He also commended staff, specifically Mr. Chavez, for going above and beyond in putting together a workable proposal, including the time and effort spent on community engagement, which was certainly commendable. He said staff held an evening meeting where quite a few homeowners of the development turned out. Mayor Harnik questioned why the City would be pruning the California palm trees, because they don't drop the skirt and wondered if the expense would be necessary. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 Mr. Chavez explained that they were still salvageable and aesthetically a more attractive tree, adding that if they were just to prune the seed pods, it would cost just as much to prune the whole thing. Therefore, based on cost and close proximity to the sidewalk, the pedals will still dislodge potentially, stating staff looked at this through a safety tense. Councilmember Nestande moved to, by Minute Motion, authorize: 1) Balloting of the Palm Gate Lighting and Landscape District (Palm Gate LLD) property owners to increase the annual assessment levy; 2) use of General Funds in an amount not to exceed $9,500 for preparation of the Engineer's Report and balloting services with Willdan Financial Services; 3) loan from the General Fund in an amount not to exceed $40,000 for landscape improvements, and staff to perform same, at the Palm Gate LLD; 4) Director of Finance to appropriate $49,500 from the General Fund to Account No. 1104614-4337001 for said expenditures; 5) Finance Department to set up procedure to recapture the City's loan via the annual Palm Gate LLD assessment levy. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). XVIII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO PENCO ENGINEERING, INC., IN THE AMOUNT OF $249,966 FOR THE PREPARATION OF THE PALM DESERT UTILITY UNDERGROUNDING MASTER PLAN (CONTRACT NO. C36020, PROJECT NO. 880-17). Mr. Greenwood stated one of the City Manager's goals for 2017 is to prepare a Utility Undergrounding Master Plan, which is why this item is before the City Council. He said this was the second time this issue was before the Council, stating that in a previous Request for Proposals (RFP) attempt, only one proposal was received. Staff was not confident that it included all the work needed, so it went out for RFP a second time, ensuring that people that did this type of work were aware of the rebid. The City received four proposal and the one submitted by Penco Engineering directly addressed all of the key concerns. Mayor Pro Tem Jonathan thanked Mr. Greenwood and staff for moving forward with the bid process part II, stating he believed that the result justified the extra effort, because it took a much broader and open-minded look at all available options for undergrounding and funding of it, which tends to be the main issue. He believed the Committee will be very excited to give feedback and move the ball forward. Mayor Pro Tem Jonathan moved to, by Minute Motion: 1) Award subject contract in the amount of $249,966 to PENCO Engineering, Inc., Corona, California, for the preparation of the Palm Desert Utility Undergrounding Master Plan; 2) appropriate 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 $150,000 from Unobligated Fund 400 to the Project Account; 3) authorize Mayor to execute said contract — if above actions are approved, funds are available in Project Account No. 4004256-4400100. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). B. UPDATE ON THE COMMUNITY CHOICE AGGREGATION (CCA) ELECTRIC POWER PURCHASING PROGRAM. Code Enforcement Supervisor Pedro Rodriguez noted he was filling in for Director of Community Development Ryan Stendell. He said staff was recommending continuing this item to the August 24 City Council Meeting to allow time for continued risk assessment and community outreach efforts. Councilmember Nestande stated the Coachella Valley has 365 days of sunshine a year, and there is technology for increasing the battery of storage, and supposedly within ten years, these batteries will make the CCA irrelevant for a City like Palm Desert with more people going solar. She didn't know if that was true, but it was something she read. Mayor Pro Tem Jonathan said it was a good question, because it has come up at the CCA subcommittee of CVAG. The answer is that as technology changes, things like that and others may very well happen, but what is before the City Council today is a request by CVAG that cities join or not join the Joint Powers Authority (JPA). The JPA will then make the decision to implement the CCA. Secondly, if and when technology changes, each resident will be free to join the CCA or not. Once a decision is made, that decision can be changed. Therefore, as technology changes or as life happens, an individual resident can withdraw from using the CCA and elect to use Southern California Edison instead. Additionally, in the draft model of the JPA, there are provisions that enable a city to withdraw from the JPA. Typically, there will not be financial repercussions for doing so. Councilmember Nestande was worried the City would be locked into a ten-year contract. Mayor Pro Tem Jonathan explained that it would be the JPA entering into contracts for purchase of power, some short-term or medium terms, with a few for longer terms, but the cities themselves would be free to withdraw without incurring individual liability. Councilmember Kelly said it was clear to her Council wants a thorough informed risk assessment. Her quick reading of the draft agreement did have some limitations on certain cities to withdraw, therefore, she was in favor of continuing this matter to permit the necessary risk assessment. The memorandum from staff indicated the City would be receiving a CVAG memo 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 by the first week of July. Ms. Aylaian confirmed the City had already received the memo. Councilmember Weber expressed her concern for staff needing a period of 30 days, because many residents are gone during July and August, so a proper response may not be obtained by members of the City. Ms. Aylaian responded the City had already received a fair amount of responses, and because the information being requested is distributed via email, people check their emails even when they are in remote areas out of the Valley. Therefore, she felt the City was reaching as many people as it could, even if it was a different time of the year. Councilmember Kelly moved to, by Minute Motion, continue this matter to the August 24, 2017, City Council Meeting to allow time for continued risk assessment and community outreach efforts. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). XIX. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A COMPREHENSIVE ZONING ORDINANCE AMENDMENT TO CHAPTERS 25.02, 25.04, 25.10, 25.16, 25.22, AND 25.28 OF THE CITY'S ZONING ORDINANCE AND APPROVE CHANGES TO THE CITY'S ZONING MAP TO BE CONSISTENT WITH THE ADOPTED GENERAL PLAN, Case Nos. ZOA. CZ 17-105 (City of Palm Desert, Applicant) (Continued from the meeting of June 22, 2017). Mayor Harnik noted there was a memo that was replaced as part of the packet. Principal Planner Eric Ceja recalled for the Council that this item was continued at the last City Council meeting, stating this was a Change of Zone and Zoning Ordinance Amendment to be consistent with the City's General Plan. The item was continued to allow staff and Councilmembers to meet and answer any questions regarding the changes. He said there were six chapters that had to be changed as part of this Ordinance Amendment. A memo was prepared regarding the changes it would like to incorporate as part of the motion to adopt. Essentially, some changes are minor and ministerial in nature and others having to do with spelling errors. Staff had eliminated everything from a C-1 District and transferred everything into a PC-1. What was accomplished with this memo, is that staff blended those two zones, making sure that those uses carried over in the table permitted uses. The zoning map was updated to preserve the existing neighborhood south of Fairway Drive, between Portola Avenue and Cook Street, stating some of those homes have larger lots, keeping them at Single -Family 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 Residential District (R-1), and everything north of the Fairway Drive will be rezoned to R-2. Mayor Harnik declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Mayor Pro Tem Jonathan thanked Mr. Ceja and Councilmember Kelly for spending what he would imagine was a great deal of time doing a detail and thorough analysis, which resulted in a better product. Councilmember Kelly expressed her appreciation of staffs time in explaining some things that were new to her and providing great explanations. Mayor Pro Tem Jonathan moved to waive further reading and pass to second reading: 1) Ordinance No. 1324, approving updates to the City's Zoning Ordinance, as described in the accompanying Exhibits "A," "B," "C," "D," "E," and "F;" 2) Ordinance No. 1325, approving updates to the City's Zoning Map, as described in the accompanying Exhibit "Al ." Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). B. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR, AND ORDER THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN, CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2017-2018. Mayor Harnik and Mayor Pro Tem Jonathan both recused themselves from this item and left the Council Chamber. Deputy City Treasurer Thomas J. Metz stated this was the follow-up public hearing from the June 8th intent meeting, and the City Clerk's office properly noticed this public hearing. The request is based on the final Engineer's Report from Willdan Financial Services. Acting Mayor Weber declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Councilmember Nestande moved to waive further reading and adopt Resolution No. 2017 - 58, approving the Engineer's Annual Levy Report for, and ordering the levy and collection of assessments within, City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2017-2018, pursuant to the provisions of The Benefit Assessment Act of 1982. Motion was seconded by Kelly and carried by a 3-0 vote (AYES: Kelly, Nestande, and Weber; NOES: None; ABSENT: Jonathan and Harnik). 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2017 C. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR, AND ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN, CONSOLIDATED PALM DESERT LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2017-2018. Mayor Harnik, Mayor Pro Tem Jonathan, and Councilmember Weber recused themselves from this item. However, in order to take action a quorum is required. Therefore, Assistant City Attorney Carlos Campos selected the random drawing of sticks to see which Councilmember would remain in order to establish a quorum. Mayor Pro Tem Jonathan drew the stick that qualified him to participate on this item, at which time, Mayor Harnik and Councilmember Weber left the Council Chamber. Deputy City Treasurer Thomas J. Metz stated this was the follow-up public hearing from the June 8'h intent meeting, and the City Clerk's office properly noticed this public hearing. The proposed request is based upon receipt on the final Engineer's Report from Willdan Financial Services. Mayor Pro Tem Jonathan declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilmember Kelly moved to waive further reading and adopt: 1) Resolution No. 2017 - 59, approving the Final Engineer's Annual Levy Report for Consolidated Palm Desert Landscaping and Lighting Maintenance District No. 1 for Fiscal Year 2017-2018; 2) Resolution No. 2017 - 60, ordering the levy and collection of annual assessments within Consolidated Palm Desert Landscaping & Lighting Maintenance District No. 1 for Fiscal Year 2017-2018. Motion was seconded by Nestande and carried by a 3-0 vote (AYES: Kelly, Nestande, and Jonathan; NOES: None; ABSENT: Weber and Harnik). XX. ADJOURNMENT With City Council concurrence, Mayor Harnik adjourned the meeting at 5:52 p.m. ATTEST: CITY OF PALM DESERT, CALIFORNIA JAN C. HARNIK, MA OR 35