HomeMy WebLinkAbout2017-03-09MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MARCH 9, 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 3:00 p.m.
II. ROLL CALL
Present:
Mayor Pro Tem 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
Rudy P. Acosta, Assistant City Manager
Rachelle D. Klassen, 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
Bo Chen, City Engineer
Stephen Y. Aryan, Risk Manager
Eddy Moore, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
David W. Teets, Chief, Palm Desert Police/Riverside Co. Sheriff's Department
Lt. Coby Webb, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
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IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 73341 San Benito Circle (APN 624-092-049), Palm Desert
Negotiating Parties:
Agency: Lauri Aylaian/Rudy P. Acosta/Martin Alvarez/
City of Palm Desert
Property Owner: Historical Society of Palm Desert
Under Negotiation: x Price x Terms of Payment
2) Property: Desert Willow Lot Pads - APNs 620-450-012, -014;
620-450-016, -018, -020; 620-370-002, -004, -017, -018,
-020, -033, -043; 620-400-025, and -026
Negotiating Parties:
Agency: Lauri Aylaian/Rudy P. Acosta/ Martin Alvarez/City of
Palm Desert/Successor Agency to the Palm Desert
Redevelopment Agency
Property Owner: Successor Agency to the Palm Desert
Redevelopment Agency
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
With City Council concurrence, Mayor Harnik adjourned the meeting to Closed
Session of the City Council and Successor Agency at 3:01 p.m. She reconvened
the meeting at 4:01 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 - Palm Desert Charter Middle School
ASB Member
VII. INVOCATION - Councilmember Kathleen Kelly
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VIII. AWARDS AND PRESENTATIONS
A. PRESENTATION OF THE PRESIDENT'S 2016 VOLUNTEER SERVICE
AWARD - GOLD TO THE PALM DESERT CITIZENS ON PATROL
PROGRAM.
On behalf of the entire City Council, Mayor Harnik presented the framed
2016 President's Citizens on Patrol (COPS) Service Award to Lt. Mary
Lasorsa and Sgt. Dan Oliver. She said this was a service award given for
volunteer hours. The Gold Award is presented to those who volunteer 500
hours or more, and the Silver Award is for those who volunteer more than
250 hours. Additionally, they received a letter from then President Barack
Obama extending his congratulations and in the closing paragraph it states,
"While government can open more opportunities for us to serve our
communities, it is up to each of us to seize those opportunities. Thank you
for your devotion to service and for doing all you can to shape a better
tomorrow for our great Nation." She added that these volunteers give of
their time to the community and you see them at the parks and City events.
The following are the Silver Award members and their hours:
Sgt. Stan Thomas - 413
Jaime Acevedo - 379
Earle Wolfe - 374
Renee Standhardt - 362
Gary Weinberger - 339
Dennis Mulkey - 305
Mike Andelson - 290
The following are the Gold Award members and their hours:
Sgt. Dan Oliver - 1636
Lt. Mary Lasorsa - 1629
Sgt. Jeff Alley - 1030
Sgt. Dave MacFarlane - 844
Cpt. Saul Roisentul - 816
IX. ORAL COMMUNICATIONS - B
Sgt. Gerard Romanet - 795
Hal Kahan - 647
Steve Miller - 639
Lynn Bell - 530
MR. JEB BONNER, Deputy Director of the Palm Springs Art Museum, stated
one of his duties is to oversee the Art Museum in Palm Desert, The Galen,
and the Faye Sarkowsky Sculpture Garden. He said this weekend marks the
5`" Anniversary of the opening of their programming in Palm Desert, and he
came to this meeting to share that milestone. The facility was now
approaching 55,000 visitors annually, and thousands more to the
multi -sensory gardens. He expressed his appreciation of the partnership
with the City of Palm Desert and for the recent cooperation it received with
the Art of Shopping Event; it was one of their most successful fundraisers.
Recently, Arlene Amick who has overseen the opening and growth of the
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facility has been promoted to Director of Audience Engagement and
Communications for the entire Museum. He introduced Thomas Wootan
who has been promoted to General Manager of the Palm Springs Art
Museum in Palm Desert, taking over many of Arlene's duties. He provided
the City Council with a copy of their current Museum magazine along with an
invitation to the opening of their next exhibition "Journeys of the Heart" by
Pat Lasch on Tuesday, March 28, 2017.
MS. KATHERINE HOUGH, Chief Curator at the Palm Springs Art Museum
in Palm Desert, stated she also enjoyed being a member of the Art In Public
Places Commission. She announced Pat Lasch, "Journeys of the Heart," is
a brand-new exhibition at the PSAM-Palm Desert that will be on view from
March 25 through October 15. The exhibition will present a survey of Pat
Lasch's sculptures over her career of 40 years. Ms. Lasch is well-known on
the New York art scene as an important artist and professor of art, but she
also divides her time between New York and Palm Desert. She has lived out
in Palm Desert for 15 years, so it was time for her to have an exhibition here
locally. She said her sculptures are amazing and include an innovative use
of materials and handiwork processes that she's invented over her lifetime.
She makes realistic and luscious looking cake sculptures that look real. The
exhibition will include a stunning display of life-sized dresses that are not
made of fabric; they are sculptures made from sturdy paint materials and
detailed hyped paint. She hoped the City Council will join them when they
open the exhibition.
MR. FRANK JONES, Palm Springs Life, announced that on Saturday,
March 18 is their 13`h Annual Fashion Week El Paseo and the 6`h Annual
Palm Desert Food & Wine. He provided the City Council with a program that
outlines all the details of both events. In this anniversary, they will bring 35
designers from around the world, including Beirut, Milan, Canada, New York,
California, with more than 30 celebrity chefs representing 65 wineries and 45
restaurants. He said they expect an incredible turnout as ticket sales have
been going well and promotions have been outstanding. He invited the City
Council to their ribbon cutting on March 18, stating he would like them to be
there at 6:15 p.m. to take a tour of the facility and view the kitchens, dressing
rooms, backstage, and the entire operations. They will finish the tour with the
ribbon cutting, which he believes will be historic and something the Council
will be very proud of to see. He added that the events will include more than
300 people who will animate, work, serve, and contribute to that effort to
what really becomes a small city operating on the back of The Gardens.
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MR. MICHAEL MATHEWS, Community Relations & Events Director for Palm
Springs Life, thanked the City Council for their continued support, stating the Pug
City has always been terrific and he certainly appreciates it now that they are
bringing something very special to Palm Desert. He said it was the largest so
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consumer fashion show in the west coast, adding that he didn't know of any
other in the United States.
MS. SUSAN STEIN, Palm Springs Life, concurred, stating she recalled 12
years ago standing before the City Council asking for its support, and she's
a lot calmer now.
Mayor Harnik commented that everyone was looking forward to the events.
X. MAYOR AND COUNCILMEMBER COMMENTS TO THE COMMUNITY
A. Lifetime Blood Donation by Mayor Harnik
Mayor Pro Tem Jonathan congratulated Mayor Harnik for donating
five (5) gallons of blood to Lifestream, stating it takes at least seven
to eight years of dedication to donating blood, which was quite an
achievement.
B. Community Choice Aggregation (CCA)
Mayor Pro Tem Jonathan said he attended the Coachella Valley
Association of Governments ad hoc working group for Community
Choice Aggregation, which is a possible replacement for Southern
California Edison as the utility provider. If the Valley does make a
decision to move in that direction, Edison will continue to maintain the
infrastructure (lines, poles, etc.), but the City will gain control over
delivery of the electricity and the type and source of electricity.
Should the City decide to choose this path, it can make electricity
greener than it currently is and every resident would have that choice
as well. There are some exciting possibilities and he wanted to make
sure the City Council and community was aware that CVAG is in the
process of exploring that avenue.
C. Vision Zero
Mayor Harnik reported that Southern California Association of
Governments (SCAG) and Coachella Valley Association of
Governments (CVAG) are working on Vision Zero. She explained that
Vision Zero was a project aimed at reducing fatality rates on the
streets, especially since last year there were 29 pedestrian and
bicyclists who were tragically lost. She said this was a very important
endeavor and CVAG has allocated funds for projects that will make
the streets safer. In SCAG, there are six counties involved working
on the same goal.
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D. Opening Dav - Palm Desert Youth Soccer Association
Mayor Harnik announced that the opening ceremony is Saturday,
March 17, at 10:45 a.m. at the Civic Center Park. The event includes
food trucks, bands, and a fly over with thousands of community
members and children attending. There will also be a presentation by
Palm Desert Police Department.
E. Senior Inspiration Awards
Mayor Harnik reminded everyone that the Senior Inspiration Awards
was coming up on March 24 at the S.W. Marriott. This is a ceremony
to celebrate their volunteerism in the community, stating these seniors
are unsung heroes making lives much better.
F. Ribbon-Cuttina Event - Dinah Shore Drive Extension
Mayor Harnik stated she and other Councilmembers attended the
ribbon -cutting event of the extension of Dinah Shore Drive as part of
the Millennium Development.
Xl. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of February 23, 2017.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 2/3/2017, 2/10/2017, and 2/17/2017 - (2).
Rec: Approve as presented.
C. CULTURAL RESOURCES PRESERVATION COMMITTEE Minutes for the
Meeting of January 31, 2017.
Rec: Receive and file.
D. RESOLUTION NO. 2017 - 19 - 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 Code Compliance, to Rely On the Electronic Record as the
Official Record — Records from 2013 (Exhibit "A").
Rec: Waive further reading and adopt.
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E. RESOLUTION NO. 2017 - 20 - 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 (Exhibit "A").
Rec: Waive further reading and adopt.
F REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal — Miscellaneous Office Chairs.
Rec: By Minute Motion, declare the listed chairs as surplus property and
authorize disposal as proposed.
G. REQUEST FOR AUTHORIZATION to Increase Plan Review / Inspection
Service Contracts for the Department of Building & Safety.
Rec: By Minute Motion, authorize an additional expenditure of $40,000 total
for Professional Service Agreements for Building Plan Review and
Inspection Services, as follows: 1) Contract No. C34470A with Scott
Fazekas & Associates; 2) Contract No. C34470B with Willdan
Engineering; 3) Contract No. C34470C with CSG Consultants Inc. —
funds are available in General Fund Account No. 1104420-4301000
in the FY 2016-2017 budget — new cumulative total for said services
not to exceed $170,000.
H. REQUEST FOR AUTHORIZATION to Purchase One Traffic Signal
Controller Cabinet Assembly in the Amount of $26,465.40.
Rec: By Minute Motion, authorize purchase of one (1) complete traffic
signal controller cabinet assembly in the amount of $26,465.40 from
Econolite Group, Inc., Anaheim, California — funds are available in
Account No. 1104250-4332500 - R/M Signals.
I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35610 —
Catalina Community Garden Renovations Project (Project No. 997-17)
(Horizon Professional Landscape, Coachella, 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.
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J. CONSIDERATION of Legislative Review Committee's Recommendation to
Oppose AB 5 (Gonzalez) and AB 252 (Ridley -Thomas).
Rec: By Minute Motion, approve letters of opposition to AB 5 (Gonzalez) -
Opportunity To Work Act and AB 252 (Ridley -Thomas) - Taxation.
K. REQUEST FOR APPROVAL of City Sponsorship for Desert Willow Golf
Resort's 20m Anniversary Celebration.
Rec: By Minute Motion: 1) Approve sponsorship in the amount of $15,000
for Desert Willow Golf Resort's 20`h Anniversary Celebration as May's
featured First Weekend event 2) authorize expenditure in the amount
of $10,000 payable to Desert Willow Golf Resort from Account
No. 1104417-4322100 - Advertising Media Buys; 3) authorize
expenditure in the amount of $5,000 payable to Desert Willow Golf
Resort from Account No. 1104416-4306101 - City -Produced Events —
funds are available in named accounts for FY 2016-2017.
L. REQUEST FOR APPROVAL of Out -of -State Travel for Director of Public
Works to Attend the 2017 Summer Meeting of the National Committee on
Uniform Traffic Control Devices.
Rec: By Minute Motion, authorize Out -of -State Travel for the Director of
Public Works to attend the 2017 Summer Meeting of the National
Committee on Uniform Traffic Control Devices in Pittsburgh,
Pennsylvania, from June 27-30 — funds are available in
Account No. 1104300-4312000-Administration
Conferences/Seminars/Workshops.
Upon motion by Kelly, second by Nestande, and 5-0 vote of the City Council (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None), the Consent Calendar was
approved as presented.
XII. CONSENT ITEMS HELD OVER
None
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XIII. RESOLUTIONS
A. RESOLUTION NO. 2017 - 21 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, WHEREIN THE CITY
COUNCIL HEREBY AUTHORIZES THE SUBMITTAL OF AN APPLICATION
TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR GRANT FUNDING UNDER THE HOUSING
RELATED PARKS GRANT 2016 PROGRAM; THE EXECUTION FOR SUCH
FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED
DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOUSING
RELATED PARKS GRANT 2016 PROGRAM.
Senior Management Analyst Jessica Gonzales stated this request will
authorize staff's application submittal to the California Department of
Housing and Community Development for the Housing Related Parks 2016
Program. If the application is successful, the City may be awarded between
$150,000 - $170,000 in grant funds that will be utilized to rehabilitate and
preserve an existing City park, Joe Mann Park.
Councilmember Kelly said the staff report refers to the possibility of using the
grant to increase available adult "inclusive" equipment. She asked staff to
elaborate as to what that would be and whom it would enable.
Landscape Supervisor Randy Chavez noted he worked with Ms. Gonzales
in providing input as to the specifics. He explained that when referring to
inclusive, he said the role and demographics of park users is changing, so
staff wants to stay within industry standards. A lot of the folks caring for
younger children are grandparents. Unfortunately, both parents need to
works and grandparents are now becoming primary caregivers. Therefore,
staff wants to include playground equipment that is not only suitable for
children but also for that demographic, stating that rather than having
grandma and grandpa sit on a bench, they are able to join the kids with
certain activities.
Councilmember Kelly said that was fantastic.
Ms. Gonzales added that the grant allows the City to participate in the Infill
Bonus Award because of the Carlos Ortega Villas property, a senior property
within that one -mile radius.
Mayor Harnik said it will be such an asset to have that park updated.
Councilmember Weber moved to waive further reading and adopt Resolution
No. 2017 - 21. Motion was seconded by Nestande and carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
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B. RESOLUTION NO. 2017 - 22 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING
PROCEEDINGS TO VACATE A PORTION OF ANGLEWOOD DRIVE
RIGHT-OF-WAY UNDER PROVISIONS OF DIVISION 9, PART 3,
CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, AND FIXING A TIME AND PLACE FOR HEARING ALL
PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED
VACATION (Ken Blair and Doris J. King, Applicants).
Mr. Greenwood explained thatAnglewood Drive is a 100-foot-long residential
street that no longer serves any public benefit. The adjacent homeowner
requested that the City vacate the street to them. Staff has evaluated the
request and recommends that it be granted. The action this evening is to set
a public hearing where at a subsequent meeting the City Council will take
action on the Applicant's request.
Councilmember Weber moved to waive further reading and adopt Resolution
No. 2017 - 22. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan,
Kelly, Nestande, Weber, and Harnik; NOES: None).
XIV. ORDINANCES
A. For Introduction:
None
B. For Adoption:
1. ORDINANCE NO. 1317 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND
UPDATING VARIOUS CHAPTERS AND SECTIONS OF THE
PALM DESERT MUNICIPAL CODE — CHAPTERS 2.52 -
PERSONNEL, CHAPTER 3.30 - PUBLIC WORKS CONTRACTS
AND BIDDING, CHAPTER 5.87 - MASSAGE ESTABLISHMENTS,
CHAPTER 5.90 - MASSAGE PRACTITIONERS, CHAPTER 8.40 -
RECREATIONAL VEHICLES ON PRIVATE PROPERTY,
CHAPTER 8.70 - PROPERTY MAINTENANCE, CHAPTER 10.96 -
RECREATIONAL VEHICLES, CHAPTER 11.01 - PARKS -GENERAL
PROVISIONS, CHAPTER 15.26 - FIRE CODE, AND
CHAPTER 28.06 - FLOOD DAMAGE PREVENTION -GENERAL
PROVISIONS.
Councilmember Nestande moved to waive further reading and adopt Ordinance
No. 1317. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan,
Kelly, Nestande, Weber, and Harnik; NOES: None).
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XV. NEW BUSINESS
A. REQUEST FOR AWARD OF CONTRACT TO DBX, INC., FOR THE
TRAFFIC SIGNAL AND SIDEWALK REPAIRS - COOK STREET AND
FRANK SINATRA DRIVE - IN THE AMOUNT OF $109,198 (CONTRACT
NO. C35830, PROJECT NO. 578-17).
Mr. Greenwood stated that shifting sands on the northwest corner of Cook
Street and Frank Sinatra Drive has damaged the traffic signal's foundation,
sidewalk, and street. This project is to repair the damage and to move the
sand further back onto the lot so that any further damage can be delayed.
Councilmember Kelly said it sounded like there was no methodology to
totally guard against future damage by the sand.
Mr. Greenwood responded that if the City wanted to absolutely prevent any
further damage, staff could double or triple the amount of concrete used in
the sidewalk and the foundations, but that really wouldn't be cost-effective.
Therefore, staff recommends doing the standard work, adding that shifting
sidewalks and streets is common in the north end of town with so much blow
sand.
Councilmember Weber noted she appreciated staffs sense of humor in
calling it "fugitive sand."
Mr. Greenwood said it was actually a technical term by the Air Quality
Management District. Further responding, he said once that area is built out
and developed, this issue of shifting sand would be significantly reduced, but
not eliminated.
Councilmember Kelly moved to, by Minute Motion: 1) Award subject contract for
Traffic Signal and Sidewalk Repairs - Cook Street and Frank Sinatra Drive - to DBX, Inc.,
Temecula, California, in the amount of $109,198; 2) authorize Director of Finance to set
aside a 10% contingency in the amount of $10,919.80; 3) appropriate funds from
Unobligated Measure "A" in the amount of $120,117.80 to the project account; 4) authorize
Mayor to execute said contract — funds are available in Unobligated Fund 213 - Measure
"A." Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly,
Nestande, Weber, and Harnik; NOES: None).
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B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE
JOSLYN CENTER PAVING, ACCESSIBILITY, AND RETAINING WALL
PROJECT TO G. L. GAYLER CONSTRUCTION, INC., IN THE AMOUNT OF
$175,291 (CONTRACT NO. C35900, PROJECT NO. 766-17).
Mr. Greenwood explained that several months ago the City received an
Americans with Disabilities Act (ADA) complaint about access at the Joslyn
Center. City and Joslyn staff did an evaluation of the site and agreed the
complaint received needed to be addressed, including other issues. In
particular the handicap parking stalls do not meet the current code.
Therefore, staff is recommending upgrading those stalls as well as the ramps
into the building.
Mayor Pro Tem Jonathan pointed out the fiscal analysis indicates that the
cost of the project would be shared to the extent of 32% by the two other
members of the Cove Commission, namely the cities of Rancho Mirage and
Indian Wells. He reminded everyone that recent history showed there was
zero cooperation from those two cities on another expense. He asked if staff
was assured there would be sharing in cost on this particular project.
Mr. Aryan responded that historically the Cove Commission members have
shared in the cost with anything related to the Joslyn Center; however, there
is no guarantee. At the Cove Community Services meeting, he provided
staff and council representatives an informational item on this report, so they
are aware of the project and the cost. It is not a guarantee that they will pay
it, but it is on their radar.
Mayor Pro Tem Jonathan said it was a $50,000+ question that is not
answered at this point. He asked if there was a downside to postponing this
matter until it was known whether or not the other cities would be
contributing, and if this item was urgent.
Mr. Aryan stated that as the City's Risk Manager, he would say yes, because
it's an ADA issue where there was a complaint and there is a deficiency that
needs to be addressed. He said the City risks a greater cost by being
noncompliant.
Mayor Harnik added that even if the project was delayed, the work still had
to be done.
Mayor Pro Tem Jonathan agreed, but felt the City would be at a
disadvantage if the work was approved prior to making the request to the
other two cities. At this point, he won't hold this project up but would ask that
in the future staff have this type of question answered before it sought City
Council approval.
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Councilmember Kelly moved to, by Minute Motion: 1) Award subject contract for
•-• Construction of the Joslyn Center Paving, Accessibility, and Retaining Wall Project to
G. L. Gayler Construction, Inc., Thermal, California, in the amount of $175,291;
2) authorize Director of Finance to set aside a 10% contingency in the amount of $17,529;
3) appropriate $142,820 from Unobligated Fund 400 to Account No. 4004300-4389300 -
Capital Project Reserve; 4) authorize Mayor to execute said contract — cost of the project
will be paid by the City, but approximately 32% of the cost will be reimbursed by the two
other member communities of the Cove Commission. Motion was seconded by Nestande
and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES:
None).
C. REQUEST FOR AUTHORIZATION OF THE EXECUTION OF THE NON -
POTABLE WATER AGREEMENT BETWEEN THE COACHELLA VALLEY
WATER DISTRICT AND THE CITY OF PALM DESERT FOR THE
DESERT WILLOW GOLF RESORT (CONTRACT NO. C35940).
Mr. Alvarez stated that Coachella Valley Water District (CVWD) provides
non -potable water services for both golf courses at Desert Willow Golf
Resort. The proposal is an extension of the current service agreement the
City has with them; it's a five-year term with an additional five-year extension.
The terms of the proposed agreement are similar where they require the City
to use 80% non -potable water on both golf courses. He's please to
announce that Desert Willow is very proactive in exceeding the 80%, in fact,
they are above 90%. The terms of the agreement are outlined in the staff
report.
Councilmember Kelly stated that with conservation, and reduced flushing,
CVWD has not been able to produce as much non -potable water as they
would have liked. She questioned if they were fully able to meet the City's
demands.
Mr. Alvarez replied that CVWD has been able to service all the needs for
non -potable water, adding that Desert Willow has a large reservoir bladder
that can store water on site, and if needed, the City can turn to its reserves
on site.
Mayor Pro Tem Jonathan stated the staff report notes the City is taking
advantage of the lower rate of $0.12 per kWh (kilowatts per hour) for the cost
of pumping the water, yet cost is anticipated to be $307,000 compared to
$273,000 the year before, and a little less the prior year. He asked if the
cost was attributed the increase in rates, because the water usage had not
increased.
Mr. Alvarez said volume of water used has been historically stable, so the
increase was strictly related to the cost of water and pumping cost, adding
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that if electricity costs went up, so did the pumping cost. Further responding,
he confirmed there wasn't much that could be done about it.
Councilmember Nestande moved to, by Minute Motion: 1) Approve the Non -Potable
Water Agreement with Coachella Water District (CVWD) for water services at the
Desert Willow Golf Resort; 2) authorize the Mayor to execute same. Motion was seconded
by Kelly and carried by 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik;
NOES: None).
D. INFORMATIONAL REPORT REGARDING IMPACT FROM THE INCREASE
IN WATER SERVICE AND CONSUMPTION CHARGES BY THE
COACHELLA VALLEY WATER DISTRICT (CVWD).
Mr. Greenwood reported that now that City water bills have been paid
through December, staff wanted to take the opportunity to apprise the City
Council of the water use, conservation efforts, and the cost of water resulting
from increased rates. He called attention to the chart on the back of the staff
report which shows, using the months of July to December, that from 2014
to 2015 the City reduced its water use by 27% in an attempt to meet the
governor's direction. As a result of that, the parks and landscape showed
excessive wear and tear, so the water was turned back up, which is reflected
in the July to December 2016 chart; usage went back up nearly to the 2014
numbers. However, the cost of that water is quite a bit more in that in 2014
the cost was $156,000, and in 2016 the cost was $213,000. He said the City
is still in the ramping up period with CVWD, so the rate will go up annually
through the year 2020. He added that Landscape Supervisor Randy Chavez
and his crew have done a great job with the parks.
Councilmember Nestande stated that with all the rain across California and
the Oroville Dam breaking because of so much water, she assumed CVWD
and other water agencies will be working with the governor and the State to
see if these restrictions and penalties would be reduced. Additionally, the
drought could potentially be ended and could positively affect the City's
bottom line on water usage.
Mr. Greenwood responded the Water Board recently did not take the
opportunity to lift the restrictions, stating he believed they were in place for
another six months. He said everyone was in a wait and see mode.
However, rainfall in California has exceeded the average year.
Mayor Pro Tem Jonathan concurred with the commendation of City staff for
the condition of the parks, in that they are stellar and magnificent. Sadly, it
cost more yet less water was used, even though the City was efficient to
begin with, but it's the price of providing these types of resources to the
residents and visitors. He went on to say that he understood there was
litigation moving forward against various water utility districts relating to the
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fines, address the fines, because constitutionally they are only allowed to
recover actual cost and the fines apparently go beyond. Therefore, he's
wondering if there's a possibility of recovering some of these increased costs
or that they won't continue to increase because of pending litigation.
Mr. Greenwood noted that in 2015 the City was paying fines, but sometime
during 2016 the rate structure was adjusted, so the City is no longer dealing
with fines, these are the permanent rates which will continue to rise if the
plan continues.
Mayor Harnik agreed with Mayor Pro Tem Jonathan that the parks look great
and everyone appreciates it. She explained that even though there was great
rain, the infrastructure to retain water doesn't exist, so a lot of it goes into the
ocean, adding this was an issue that will be discussed in the budget process.
She said the charts illustrate clearly what the City is up against.
Mr. Greenwood added that the City has a sophisticated water management
system for its parks, which is being expanded, and Council will see that being
presented during the budget process.
Mayor Harnik pointed out that years ago, prior to this sitting City Council,
staff and then City Council had the vision to use zero scaping in the vista
corridors and medians, etc., so for a long time, Palm Desert has been well
aware of the importance of managing its resources. Unfortunately, it hurt the
City when it was actually directed to make reductions, because it was hard
to make even further cuts.
Councilmember Kelly moved to, by Minute Motion, receive and file the report.
Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan, Kelly,
Nestande, Weber, and Harnik; NOES: None).
E. CONSIDERATION OF THE ESTABLISHMENT OF A DESERT WILLOW
GOLF RESORT RESIDENT ADVISORY COMMITTEE.
Mr. Acosta stated this item was before the City Council at the request of
Councilmember Nestande. It is a request to establish a resident advisory
committee for Desert Willow Golf Resort. The staff report is set up to
demonstrate what is in place today and has been over the years regarding
the operation of Desert Willow. It also allows the Council to see that of the
three established committees, there is one that has the broadest purview of
all items on operation at Desert Willow but lacks any resident representation.
This evening, the City Council can make a decision on what it wants to
establish, whether that is a separate advisory committee, a hybrid, a task
force, or assign residents to one of the existing committees, i.e., President's
Committee. He noted in the staff report that the only concern with the
establishment of another committee is that some of the information they
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would want to discuss isn't readily available until the end of the year, and it
may affect the bottom line at Desert Willow. For example, the closure of the
Fire Cliff Course last summer, the effects of minimum wage increases, the
new Non -potable Water Agreement with Coachella Valley Water District
which includes an increase in cost, and current negotiations for a new
contract with the operator. He said if a subcommittee is established, staff is
requesting time to come back with when it has done its full research, so it
can focus on a specific purpose with objectives for a committee.
Mayor Pro Tem Jonathan commented that staff listed options, but one of
them wasn't to maintain the status quo, which he assumed was on the table.
Mr. Acosta said it was.
MR. TOM WALTON, Yucca Court, Palm Desert, stated that two years ago
a core group of residents was formed to focus on issues regarding residents
and Desert Willow. Recently, Kemper Corporation reached out to their
group, and they had a meeting in January. At this meeting, the group
presented a proposal to increase revenue at Desert Willow from the resident
market. The group noticed that over the years resident market revenue had
gone down the tubes and a lot of it was attributed to various decisions made
and driven by an ideology from the past city manager. This city manager
also felt that the residents were hurting the bottom line and the other four
racks were subsiding the residents, but they found that wasn't the case.
Additionally, it was felt that second homeowners were not entitled to play at
the resident rates. He said a lot of stuff had happened that started to show
up at the bottom line at Desert Willow regarding the resident rack; play and
revenue was greatly reduced. Two months ago the group got together with
Kemper Sports and the current City Manager, and they proposed a
three -prong marketing strategy to increase Desert Willow's revenue from the
resident market, and to date they haven't had any feedback. He said it was
important to have this committee because none of the existing ones were
addressing this issue. He believed that if a cohesive group could be
established, they can focus on marketing and developing programs for
Desert Willow and the residents.
MR. KEVIN FAHEY, Michigan Drive, Palm Desert, requested that the City
Council reject the notion of the status quo for the simple reason that these
core issues, as mentioned by Mr. Walton the previous speaker, have been
on the table for two years and no resolution has occurred. In his 40 years of
being a HR leader, he has served and participated in effective and ineffective
committees and teams and found that you need to have all the shareholders
at the table, which he didn't believe was in place today. He also believed the
City needed people that have diverse and sometimes vocal and redundant
information, including employees or customers that bring information that
perhaps one doesn't want to hear, but again, he didn't think it was in place
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today otherwise a number of these issues would have been resolved and
everyone would have moved on. Therefore, he was in favor of a hybrid
solution or new advisory committee. He added that the basic definition of
crazy is to continue doing what you're are doing and expect a different result.
Councilmember Nestande stated that after reading the staff report and
learning there are already three committees in place, perhaps a new one is
not necessarily needed. However, it seems like the President's Committee
is the best place to expand or broaden its membership with one or two
residents, giving them a voice on the issues, including adding someone from
hospitality like from the Westin. She believed Desert Willow needs to have
open communication to hear from resident golfers, stating this group has
great ideas that Kemper Management and City staff can find common
ground on.
Councilmember Weber concurred, stating the City has benefitted greatly
from participation from the residents and their comments and experiences
brought to the table. The Council has talked about how it can hear from
residents without going to the extent of a brand-new committee. It seemed
logical to expand the President's Committee, but the goal is so that residents
can provide input. Usually in the President's Committee meeting when the
public visits they are not allowed to put their two cents, and she'd like to
change that because the City has already benefitted and implemented a few
of their suggestions. Therefore, she concurred with Councilmember
Nestande in that the City would benefit from hearing from the residents who
have spent the last three or four years sharing their thoughts with the
Council.
Councilmember Kelly agreed the residents need an appropriate place in
which to voice thoughts and suggestions. But she sees two categories here,
one being operational issues, which she believes Council needs to keep
Kemper as the forum for discussion rather than pulling more operational
issues into a City committee, because contractually Kemper is accountable
for the bottom line. She said the City Council can't hold both accountable for
the bottom line and micro manage the business, but it does want to facilitate
opportunities for input. She has spoken with Mr. White who has ideas for
ways to regularly invite expressions of ideas about operations. The other
category is the topic of resident privileges, which might be timely to take a
fresh look, because the golf industry has gone through a huge amount of
change since the parameters were first established, but it wouldn't
necessarily enhance resident privileges given the duress the industry is
experiencing. The quantity of change does seem to warrant a fresh look, and
whether that should happen in the existing President's Committee or a task
force commissioned to specifically look at resident privilege once the relevant
financials are available.
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Mayor Pro Tem Jonathan noted that he and Mayor Harnik represent the City
on the Desert Willow President's Committee. It's clear to him that the
President's Committee would not be enhanced, in fact, its effectiveness
would be diminished by including a group of individuals with a very narrow
agenda. The purpose and function of that committee is to oversee the
operations, management, and financial viability of a very important resource
to the City. Therefore, changing the makeup of that committee would be a
mistake for the City. This evening he heard folks expressed concern about
issues raised that have not been resolved, but in fact, nothing could be
further from the truth. The issues have been resolved, just not in way that
makes certain individuals happy. The definition of insanity is doing the same
thing over and over again and expecting a different result, which he found an
ironic comment as well, because how much more often can the City respond
with a No. There is a purpose to the structure of Desert Willow, it's not
perfect, and they do welcome and consider input from users of that facility.
In fact, Kemper Sports regularly polls the golfers and diners and the
President's Committee pays attention to what they have to say. While
something might be right for a small group of people, it's not necessarily right
for the City as a whole, stating it would be good if everyone understood that.
He recommended that if there is a group of golfers that has suggestions,
consider formulating them and presenting them to the operator, Kemper
Sports on an annual or quarterly basis, but not in daily emails. He said more
than enough staff time has been expended on a small group of people.
While the City welcomed input, there had to be reasonable limits, adding that
some times for the right reasons, the answer is simply No.
MR. DEREK WHITE, General Manager at Desert Willow Golf Resort, stated
he had suggested hosting a quarterly "Coffee with the General Manager" and
incorporating the superintendent. He said they can collect suggestions via
email and he will respond by confirming it will be placed on the agenda for
the next scheduled meeting or something to that effect. He's glad it was
mentioned that Kemper polls guests in many ways on a daily and annual
basis by way of surveys, etc. He was agreeable to giving specific resident
golfers an avenue to provide input, stating he has been happy to work with
them thus far, and a lot could be said for education, idea sharing, etc., from
both sides. Therefore, he would be okay with doing something on a quarterly
basis.
Mayor Harnik requested staff or a member of the City Council attend those
meetings so they can report back, because it was important to have that
two-way communication.
Councilmember Nestande stated she respected Mayor Pro Tem Jonathan's
opinion, but in terms of financial viability, she believed the resident golfers
have wonderful ideas. For example, people that have bought a second
home in Palm Desert are having a difficult time obtaining a resident card,
which she believes was an issue that can be resolved. Those that live out
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of the state have a difficult time getting a DMV or government identification
in order to prove they are actually residents of Palm Desert, adding that
Kemper's hands are tied because they need staff and City Council to give
them direction on that particular issue. Additionally, in the summer months
tee times are not utilized to their full potential, so the City needs to look at
ways to increase play in the summer months in order to have revenue trickle
into the restaurant and pro shops. One idea was to reduce the resident rate
a little bit more, although she didn't have any hard numbers to know what
that would mean to the bottom line, but having no golfers verus some golfers
would be a positive result.
Mayor Pro Tem Jonathan concurred, but the Council was not here this
evening to debate the merits of further reducing or subsiding the resident
rate or creating greater access, because that is a broad subject with
significant financial repercussions. He said the President's Committee did
address those issues and there are pros and cons. The Council as a policy
issue, if it wants to address it, it can at another time. However, the resident
card is specifically for the primary homeowner/resident, not second
homeowners, which is why they have a problem getting a resident card,
because they are not supposed to get them. Having said that, the issue has
been discussed and should continue to be discussed as a policy and revisit
it. It may make sense to give that benefit to property owners, but again, what
impact would that have, and the availability of golf for residents is a
consideration that has to be evaluated as well. He said all these issues are
on the table and he liked where this was headed, which is to give anyone
interested in these subjects to go to the Desert Willow forum on a quarterly
basis to address their concerns with the course operator, Kemper Sports.
He said Kemper has a seat at the President's Committee and they can bring
those concerns to the Committee for appropriate action.
Councilmember Weber stated that Mayor Pro Tem Jonathan said the
purpose of the President's Committee is to discuss the financial aspects, yet
the Audit, Investment & Finance Committee also discusses the financials.
So expanding it to include a couple of other members wouldn't derail the
intent of the Committee, stating that giving people an opportunity to display
and talk about their ideas in a forum where it is recorded would be very
valuable. Secondly, as mentioned, two separate issues are being discussed
this evening, so on the issue of resident privileges, she agrees Council
needs to set time aside to reexamine where the City is, because it's a
different time than when the policy was first designed for the resident card.
Mayor Harnik said she valued the thought that there are two separate sets
of issues, and Mr. White had a good solution for the operational end of it,
adding that someone from the City should attend those meetings. The other
issue comes down to resident play and all those entitlements that come from
being part of the Palm Desert community. She said a task force is a good
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idea, because the City is getting ready to celebrate Desert Willow's 201h
anniversary. She asked staff when was the last fee study done.
Mr. Acosta responded that if Mayor Harnik was referring to a market analysis
and fee study, to his recollection the last one was done back in 1995/1996
when the fees were set.
Mayor Harnik said it's been acknowledged by everyone that golf has
changed and evolved, because you can see different trends. Her weighing
in would be a task force that included resident golfers and non -golfers, and
someone from hospitality. Responding to question, she said the task force
would address resident privileges.
Mayor Pro Tem Jonathan asked if that would include the rates and
accessability.
Mayor Harnik answered yes, stating it would include all the privileges
provided to Palm Desert residents at Desert Willow. She would like non -
golfers to be included because they use Desert Willow's amenities and their
opinion mattered, including someone from hospitality or someone that runs
a golf course who understands the intricacies of doing such. Perhaps
someone from a country club, stating staff can look into who can be on the
task force to tackle the issue. She agreed staff needed the time to conduct
a fee study and market analysis, because it would be good information to
formulate the best solution.
Mayor Pro Tem Jonathan asked if Mayor Harnik would include defining or
re -branding who a resident is and if it would consider second homeowners.
Mayor Harnik replied it was an issue that would have to be looked at,
because as mentioned, there are significant financial implications. It would
be part of looking at whose a resident and what their privileges entails.
Mr. Acosta said the industry simply looks at the golf market, but there are
various segments of the golf market, as Mr. Walton alluded to, like resident
play, resort play, outside of area play, etc., which feeds into the specific
region or property.
Councilmember Kelly moved to, by Minute Motion: 1) Encourage Kemper Sports
Management to proceed with the system they have been discussing and, to some extent,
utilizing to meet with interested resident golfers on operational issues at Desert Willow Golf
Resort and as discussed at today's meeting; 2) instruct staff to return to City Council as
soon as possible after conclusion of the fiscal year-end with recommendation for a Task
Force (membership consideration to include resident golfer(s), non -golfer resident(s),
member of the hospitality industry and/or golf industry at -large, and a Councilmember/staff
member that can report back to the entire City Council), charged with taking a fresh look
at all aspects of resident privileges at Desert Willow Golf Resort. Motion was seconded by
Jonathan.
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Councilmember Nestande asked if Councilmember Kelly was advocating or
agreeing to forming an advisory committee.
Councilmember Kelly explained the motion was for a task force to take a
thorough and fresh look, because if the City assesses all of the input and
gets some of these things established, it many not need an advisory
committee that's regularly meeting to talk about these issues.
Councilmember Weber said she thought that was part two, directing staff to
set up a task force.
Councilmember Kelly clarified that staff was to return to the City Council with
a recommendation pertaining to a task force. Her presumption would be that
staff will take the Mayor's suggestions for participation in that task force, but
the recommendation would come back to the City Council for another chance
to tweak or comment upon both its charge and membership.
Councilmember Weber said part one was to thank Mr. White for offering to
meet on a regular basis to hear input from the residents, which they have
been doing on and off lately, but a time needed to be established.
Mayor Harnik said the recommendation was slightly different.
Councilmember Kelly reiterated that part one was to encourage Kemper to
proceed with some opportunities for resident input around operations, as was
discussed tonight, and frankly that's broad and general on purpose, because
she didn't think the Council should put them in a straight jacket as the
operator responsible for the bottom line, stating the responsibility should be
left with Kemper Sports for defining that.
Councilmember Weber expressed her appreciation of the motion, because
as stated by Mayor Pro Tem Jonathan, the City and staff have spent a lot of
time working around these issues, and she is very grateful to the operator for
the time afforded to listening to all the input.
Mayor Harnik requested someone from the City needs to attend the
meetings with the operator, so they can report back to the City Council.
Mayor Harnik called for the vote and the motion carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
F. REQUEST FOR APPROVAL OF THE 2017 ANNUAL PERFORMANCE
EVALUATION CRITERIA FOR CITY MANAGER LAURI AYLAIAN.
Ms. Aylaian stated that when the City Council retained a consultant to go
through recruitment processes for a new City Manager, they identified a
number of things they would be looking for in the future and areas in which
they and the City Manager, in their relationship between the two should be
improved. One of the things identified by the City Council is that they didn't
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have a good structure for evaluating the performance on a regular basis of
the City Manager, and they asked the consultant to provide some guidance
in that direction. The document before the City Council is the result or
outcome of that request. The draft is a three-part evaluation that will be
done on an annual basis. Two of the parts involve very broad and general
descriptions and evaluation criteria such as communications, knowledge,
availability, engagement with the community, and regional leadership. The
third area where the most time was spent, establishes material goals to be
accomplished by the City Manager over the course of the year. However,
everyone is painfully aware that the City Manager doesn't really do anything,
it is staff that does all the work. Therefore, she and staff worked together as
a team to develop what these goals would be and they incorporated the
strategic goals for the next 20 years for the City of Palm Desert that was
developed and adopted in 2013. She also compounded the state of the work
in each department and what they perceive to be the goals and priorities of
the City Council. She also layered the input received going through the
interview process with the City Council, at which time, they had an
opportunity to discuss a number of things important to the City. She recalled
for the Council that two weeks ago, staff provided a study session to the City
Council to review the draft and specific goals for 2017. In that half -day study
session, there was valuable input from Councilmembers where a couple of
things were added to the list. There was a general accord that at the end of
the day the goals being proposed were endorsed by the City Council. She
hoped the City Council reviewed the document, because she didn't want this
to be entered into without thought and consideration. In part, because these
goals are structured to be very ambitious yet an achievable platform of work
for the coming year. Throughout the year, as new ideas or priorities come
to the surface or are proposed, she will ask Councilmembers to refer back
to the goals that were established at the beginning of the year, because it's
important for a City to be able to accomplish work that is deliberate, planned,
and strategic rather than determined by very transitory conditions that may
have not existed months ago and may not be a priority a year from now. She
believes the City will be well represented if it adopts goals that are long-term
and well throughout and discussed amongst the City Council. Further, it is
not staffs intention to decide what those goals should be, because it is
clearly the decision of the City Council who sets policy. Therefore, the
proposed goals reflect what the City Council would like to see. The part two
of this is that the ultimate policy document will be the budget, which the City
Council will review in the coming months. She pointed out that the budget
will include funding necessary to accomplish these goals. In the event the
budget does not support, there could be removal of goals through that
process, because if staff doesn't have the funding then obviously goals
would not be able to be accomplished. She offered to answer any questions
or see if this document reflected the Council's understanding of the goals
and priority for 2017.
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Councilmember Nestande thanked Ms. Aylaian for the guidance provided,
being that she is somewhat new, adding that she was a great and effective
leader.
Councilmember Weber concurred and thanked Ms. Aylaian for this well laid
out document they can refer to.
Councilmember Kelly stated this process started with the previous Council,
so she thanked those who are continuing from that consult, including all the
department heads who have worked very hard in the formation of the goals,
adding she appreciated the word smithing from the last study session. She
went on to say the document is a terrific piece of work and a lot of time went
into it and yet it's only the beginning and not the conclusion, and she warmly
embraces all that has been done.
Mayor Pro Tem Jonathan stated there are two components to this document,
one is directly or indirectly adopting the goals of the City, but the other is the
annual performance evaluation of the City Manager. He inquired as to when
that would take place.
Ms. Aylaian said she believed it is being established on a calendar year
basis, adding that she started before the calendar year, but this is the plate
that has been laid out that can be accomplished during calendar year 2017
and the evaluation will coincide with the document. She said it will either be
the ending of December or the beginning of January.
Mayor Pro Tem Jonathan said it was important to establish the date,
because there is some history of losing sight of that date. His comment is
that he is so grateful that the City is doing this, because as a City, now in
black and white has a road map for where it's headed in the near, mid, and
long-term basis, which is helpful in achieving those goals, including
functioning effectively and efficiently as a City. It's so important that staff
knows and understands and embraces what those goals are, so there are no
surprises. He agreed Councilmembers have misbehaved in the past, so he
expects that when the Council strays from the path, the City Manager will
remind them of the vision and goals established. He also liked that this was
an inclusive process from the ground up, not from the top down. Even
though this City Council is charged with setting policy and defining the vision,
it relies on staff to execute that vision and implement it. However, it also
relies on staff's expertise to help the Council understand what an appropriate
vision looks like.
Mayor Harnik said it was great to have a map for where they're going and
how they will get there, and she really appreciates all the work that went into
it, adding that it was a great product. However, she would like to add
something to the Tourism and Marketing Goals, Item No. 2 - "Enhance use
of social media and technology in marketing and public outreach, including
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introduction of a smartphone friendly e-newsletter .....She would like the
newsletter to be PC friendly and wondered if language needed to be added
to the document.
Tourism and Marketing Manager Thomas Soule stated he was pleased to
inform the Council that this has already been put into place with the most
recent e-newsletter. He said it performs well on a desktop computer, but it
also rearranges itself to look especially effective on a mobile phone. The
previous version was great for the desktop, but when you looked at it on the
phone it was a smaller version, which was difficult to read.
Ms. Aylaian noted that the internal monthly City Council Newsletter that was
issued this afternoon has a report on it that actually shows you an image of
what it will look like on your screen.
Councilmember Kelly moved to, by Minute Motion, approve a City Manager
Workplan for 2017, establishing goals for work to be accomplished by City staff during
calendar year 2017, and the criteria upon which the City Manager's performance will be
evaluated at the end of that period (Contract No. C35650). Motion was seconded by
Jonathan and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik;
NOES: None).
XVI. CONTINUED BUSINESS
A. RESOLUTION NO. 2017-15 - A RESOLUTION OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A LOCAL DEBT POLICY
(Continued from the meeting of February 23, 2017).
Ms. Moore stated that at the last meeting, the City Council was asked to
adopt a local debt policy, which identifies the practices and procedures' staff
is already doing, but the City will have an adopted policy. During that
meeting, there were some suggestions with respect to allowing different
types of instruments in order to finance projects that may come in the future.
Staff made those adjustments, including adjustments to the credit rating
section where staff will endeavor to get the best possible rating during the
process of any of those issuances.
Councilmember Kelly moved to waive further reading and adopt Resolution
No. 2017 - 15. Motion was seconded by Weber and carried by a 5-0 vote (AYES:
Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
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XVII. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE
JOSLYN CENTER GENERATOR PROJECT TO CALIFORNIA BUILDING
EVALUATION & CONSTRUCTION, INC., IN THE AMOUNT OF $189,820
(CONTRACT NO. C34370A, PROJECT NO. 763-15).
Mr. Greenwood stated that the Joslyn Center Generator Project has been on
a long strange trip and here it is at another intercept. He said staff bid the
project with a new generator, because the old generator couldn't be
practically reused in California. A bid was received that was within the
estimated budget and staff recommended approval.
Councilmember Weber questioned how much the sale of the old generator
will bring.
Mr. Greenwood replied he didn't know and it didn't have a lot of value. He
said it had to be sold out-of-state and it can't be used in California.
Mayor Harnik added that it had to do with leaking greenhouse gases.
Councilmember Nestande asked if the Cove Commission cities of Rancho
Mirage and Indian Well will help with this cost.
Mayor Pro Tem Jonathan recalled for the Council that at one point the entire
Cove Commission agreed to share in the cost, then the cities of Indian Wells
and Rancho Mirage asked for reconsideration and they said no. At the last
meeting, he and Councilmember Weber presented factual data that staff
helped put together indicating how many days there were power outages and
how many hours, and it was extensive. Mr. Aryan was able to obtain the
high temperatures that often exceeded 120 degrees, so you have this
potential lethal combination of power outages, exceedingly high
temperatures, which is when this generator will come into place as a safety
zone for people to go and where they will find food to be maintained.
However, that data apparently was not persuasive, so the City of Palm
Desert was on it's own.
Mayor Harnik commented that Palm Desert takes care of its community.
Councilmember Kelly moved to, by Minute Motion: 1) Award subject contract for
Construction of the Joslyn Center Generator Project to California Building Evaluation &
Construction, Inc. (CBEC), Anaheim, California, in the amount of $189,820; 2) authorize
Director of Finance to set aside a 10% contingency in the amount of $18,982;
3) appropriate $41,000 from Unobligated Fund 450 to Account No. 4504164-4400100 for
the project; 4) authorize Mayor to execute said contract; 5) authorize sale of the old
generator to an out-of-state buyer. Motion was seconded by Nestande and carried by a
5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None).
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XVIII. PUBLIC HEARINGS
None
XIX. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager's Meeting Summaries Report for the Period of
February 13-24, 2017.
With City Council concurrence, the City Manager's Meeting Summaries were
received and filed.
Ms. Aylaian made the following announcements:
2. City Manager Performance Evaluation - Financial Performance Goal
No. 1 - Develop a policy for General Fund reserve levels.
She reported that staff solicited proposals from firms that could
perform a detailed analysis to make recommendations. The City
received two proposals and staff will be meeting next Thursday,
March 16 at 2:30 p.m. to review them. In the past, Councilmembers
have been particularly interested in this; therefore, she opened up the
opportunity for a Councilmember to sit in on the evaluation of the two
proposals.
Mayor Pro Tem Jonathan agreed to attend if his calendar permits.
3. Community Outreach Resource Program (CORP).
In response to Mayor Pro Tem Jonathan's request, staff started
looking into the Community Outreach Resource Program, which is a
program that will allow the City to assist with homelessness. She said
staff will return with a proposal and recommendation for the City
Council to consider, and it will be placed on the next agenda. She
said it looked like a program that could be implemented relatively
quickly and easily, adding that hopefully the City will have positive
results from it.
B. CITY ATTORNEY
None
26
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017
C.
D.
CITY CLERK
1. Announcement of City Council Study Session —
2017, at 2:00 p.m. — Administrative Conference
President's Plaza Parking Lot.
Ms. Klassen called attention to the upcoming
Councilmembers so noted.
PUBLIC SAFETY
1. Fire Department
None
2. Police Department
Thursday, March 23,
Room, regarding the
Study Session, and
Capt. Teets introduced Lt. Coby Webb who is the newest member of
the Police Department. Effective immediately, she will serve as the
Assistant Chief of Police replacing Lt. Baur who is being reassigned
to other duties at the Palm Desert station due to unforeseen
circumstances. He listed Lt. Webb's career history in the Coachella
Valley and with the City of Palm Desert, highlighting her extensive and
distinguished accomplishments in law enforcement, adding she has
received her Bachelors Degree in Criminal Justice, Masters Degree
in Public Administration, and Doctorate Degree with her dissertation
focusing on the Quantitative Study of Stress Factors of Supervisory
and Front -Line Officers within Law Enforcement. Additionally, she is
the mother of two 11-year-old twins.
Lt. Webb thanked the City Council for having her back, in that Palm
Desert has always been home to her. She said it was quite a culture
shock when she left Palm Desert to go to Moreno Valley back in her
younger years, so she was happy to return to Palm Desert and this
community. Councilmembers congratulated and welcomed her.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. Councilmember Susan Marie Weber's Meetina Summaries Report for
the Period of February 13-26, 2017.
With City Council concurrence, the Meeting Summaries were received and filed.
2. City Council Comments:
a) Tour de Palm Springs - Mayor Pro Tem Jonathan noted for the
purpose of the audience that the City Council approved the
event, including support financially. At that meeting, there was
some discussion about the name of the event, and the
27
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017
agreement and buy -in from the merchants was that initially
"Tour de Palm Springs in Palm Desert" was fine, and the
promoter agreed. There was also the commitment and
understanding by the City Council that the event would
transition to the name "Tour de Palm Desert" within a
reasonable amount of time. Recently, the City Manager,
Councilmember Weber, staff, and he met with representatives
from CV Spin, the organization that puts on the event, and they
were adamant about the name remaining "Tour de Palm
Springs" in perpetuity. Attempts were made to explain to them
that by collaborating with the City of Palm Desert and the
resources it would bring to the table, their mission of
supporting local charities would be greatly enhanced.
However, the City has been informed that the name "Tour de
Palm Springs" is so important to them that they have declined
to move the event to Palm Desert and they will remain in Palm
Springs.
3. City Council Reauests for Action:
None
4. City Council Consideration of Travel Reauests and Reports:
None
XX. ADJOURNMENT
With City Council concurrence, Mayor Harnik adjourned the meeting at 5:51 p.m.
ATTEST:
RA HELLE D. KLASSEN, TY CLERK
CITY OF PALM DESERT, CALIFORNIA
/)
JAN C. HARNIK, MAYOR
28